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 .
Claim Objections
Claim 13 is objected to because of the following informalities: A comma is missing between “upper layer” and “comprises”
Appropriate correction is required.
Claim Rejections - 35 USC § 103
Claims 12-14 are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (WO 2017/221801 A1).
Regarding Claim 12, Nakamura teaches a multilayer article comprising a backing layer, an upper layer, and a bonding layer interposed between the backing layer and the upper layer. (Page 3, 5). Nakamura teaches the backing layer comprises polyolefin or polyester, a thermoplastic polymer, and the upper layer comprises a metal. (Page 3, 5). Nakamura teaches the bonding layer/film can comprise a maleic anhydride modified polypropylene (A) which is a propylene copolymer, (Page 4) an amorphous polyolefin as a compatibilizer (B), and an amino resin (C). (Claim 1 of Nakamura).
Nakamura teaches the amount of compatibilizer polyolefin can range from 0.1 to 20%, the amino resin can range from approximately 0.5 to 5%, and the modified polyolefin can be the remainder (Claim 1 of Nakamura; Page 2-4). Nakamura does not require additional filler, thus having the weight percent being based on the total amount of (A)+(B)+(C). These ranges overlap the claimed ranges. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05).
Regarding Claim 13, Nakamura teaches the thermoplastic polymer can be polyethylene, polypropylene or PET, a polyester. (Page 5).
Regarding Claim 14, Nakamura teaches the upper layer can be aluminum. (Page 5).
Response to Arguments
Applicant’s arguments have been fully considered.
The prior §112 rejections have been withdrawn, due to Applicant’s amendments.
Applicant argues Nakamura does not teach a polypropylene in the bonding layer composition. This argument is found unpersuasive. Nakamura recites the component (A) can be maleic anhydride-modified polypropylene, a propylene copolymer. (Page 5). Thus, Nakamura teaches the required limitations of Claim 12.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL ZHANG whose telephone number is (571)270-0358. The examiner can normally be reached Monday through Friday: 9:30am-3:30pm, 8:30PM-10:30PM.
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/Michael Zhang/Primary Examiner, Art Unit 1781
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