DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Status of the Claims
Claims 1-2 and 4-6 are currently pending.
Claims 3 and 7 have been canceled.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 02/27/2026 has been entered.
Response to Amendments
Applicant’s amendments filed 01/27/2026 have been entered.
Claim 1 has been amended. Claim 7 has been canceled.
The Section 102 rejection has been withdrawn in view of Applicant’s amendments.
A new Section 103 rejection has been implemented to reflect Applicant’s amendments.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-2 and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Hironaka et al. (US 2010/0227963 A1) in view of Tasaki et al. (US 2007/0032601 A1) as evidenced by Akao.
Regarding Claims 1-2 and 4-6,
Hironaka teaches a molded article that may be formed into a film that is obtained by stretching in a uniaxial direction (a stretched film that is a uniaxially stretched film) that can be used in packaging materials and thus may have a film or layer made of the stretched film and may be laminated with other layers (Hironaka: abstract; par. 0089, 0091, 0286, and 0292).
The stretched film may comprise a polyethylene-based resin composition, such as The stretched film comprises a polyethylene-based resin composition, such as tradename Hi-ZEX 7000F (matches the tradename composition utilized in Applicant’s specification) (Hironaka: par. 0370). Hi-ZEX 7000F is evidenced by Applicant’s specification and Akao to have a melt flow rate (MFR) of 0.05 g/10 minutes, which is within the claimed range of 0.01 to 2.0 g/10 min (measured at 190°C, 2.16 kg load); a density of 0.956 g/cm3 (956 kg/m3), which is within the claimed range of 935 to 970 kg/m3; a ratio of Mw to Mn (Mw/Mn) of 25, which is within the claimed range of more than 20 (measured by gel permeation chromatography (GPC)) (Akao: col. 26, lin. 55-67 – col. 27, lin. 1-22; Examples).
Hironaka and Akao are silent towards the ratio of melt index (I21: 190°C, 21.6 kg load) to a melt index (I2: 190°C, 2.16 kg load), I21/I2 is 80 or more.
However, as Hironaka teaches a substantially similar polyethylene with a substantially similar tradename/composition with the claimed and disclosed MFR, density, and Mw/Mn (as evidenced by Applicant’s specification and Akao), it is expected the polyethylene composition of Hironaka would necessarily have the same ratio of melt index. When the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, the prior art products necessarily possess the characteristics of the claimed product. See MPEP 2112.01.
Hironaka is silent towards the stretch ratio of the stretched film and does not explicitly teach a stretch ratio of 2.0 or more and having a modulus in MD direction of more than 1600 MPa.
Tasaki teaches a stretched film composed of a polyethylene composition having overlapping densities and melt flow rate to the polyethylene composition of Hironaka (Tasaki: abstract; par. 0021). The film is preferably uniaxially stretched in a ratio of between 2 to 15 to provide the film with excellent transparency and tensile modulus, such as an MD modulus of from 500 to 8000 MPa, which overlaps with the claimed range of 1600 MPa or more (Tasaki: par. 0040-0044, 0092, and 0118). A prima facie case of obviousness exists where the claimed ranges and prior art ranges overlap or are close enough that one skilled in the art would have expected them to have the same properties. See MPEP 2144.05 I.
Hironaka and Tasaki are in the corresponding field of uniaxially stretched films composed of polyethylene for use in packaging films. Therefore, it would have been obvious to one of ordinary skill in the art to stretch the uniaxially stretched film of Hironaka in a ratio of 2 or more to provide improved transparency and tensile modulus, such as MD modulus of greater than 1600 MPa as taught by Tasaki.
Response to Arguments
Applicant’s arguments filed 01/27/2026 have been fully considered but they are not found persuasive as explained in the Advisory Action mailed 02/05/2026. No additional arguments appear to be present with the filing of the RCE.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Travis M Figg whose telephone number is (571)272-9849. The examiner can normally be reached M-F 9am-5pm.
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/TRAVIS M FIGG/Primary Examiner, Art Unit 1783
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