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 .
Election/Restrictions
Applicant's election with traverse of claims 1-4 in the reply filed on 1/12/26 is acknowledged. The traversal is on the ground(s) that groups I-III share the same technical features and the restriction requires duplication of work. This is not found persuasive because the corresponding technical feature does not make a contribution over the prior art (see 103 rejection below).
Claims 5-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 1/12/26.
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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Montano et al. (US 2022/0112018) in view of Berbert et al. (US 2020/0324526).
Montano discloses A directional tear packaging film comprising a fully coextruded and biaxially oriented film comprising: a polyamide layer; an ethylene vinyl alcohol copolymer blend layer (EVOH blend layer) comprising an ethylene vinyl alcohol copolymer in an amount from 60% to 99% by weight of the EVOH blend layer and a polyethylene in an amount from 1% to 40% by weight of the EVOH blend layer; and
a sealant layer (paragraphs [0001], [0010-0013], [0040-0057], [0060], [0065-0071], [0082-0097]).
Montano does not disclose a polyamide layer comprising a polyamide in an amount from 5% to 60% by weight of the packaging film and wherein the packaging film comprises a Shrinkage Value from 0% to 60% in each of the machine direction and the transverse direction when tested according to ASTM D2732-03 using bath temperature of 90°C.
Berbert discloses disclose a polyamide layer comprising a polyamide in an amount from 5% to 60% by weight of the packaging film and wherein the packaging film comprises a Shrinkage Value from 0% to 60% in each of the machine direction and the transverse direction when tested according to ASTM D2732-03 using bath temperature of 90°C (paragraphs [0001-0002], [0011], [0029-0031], [0058], [0088-0089], [0111]) in a packaging film for the purpose of providing improved recycling, temperature resistance, abrasion resistance, puncture strength and/or barrier properties (paragraphs [0001], [0031]).
Therefore it would have been obvious to one of ordinary skill in the art at the time applicant’s invention was made to have provided a polyamide layer comprising a polyamide in an amount from 5% to 60% by weight of the packaging film and wherein the packaging film comprises a Shrinkage Value from 0% to 60% in each of the machine direction and the transverse direction when tested according to ASTM D2732-03 using bath temperature of 90°C in Montano in order to provide improved recycling, temperature resistance, abrasion resistance, puncture strength and/or barrier properties as taught or suggested by Berbert.
Berbert discloses wherein the Shrinkage Value comprises from 0% to 10% in each of the machine direction and the transverse direction when tested according to ASTM D2732-03 using bath temperature of 90 °C, wherein the Shrinkage Value comprises from 0% to 20% in each of the machine direction and the transverse direction when tested according to ASTM D2732-03 using bath temperature of 90°C (paragraphs [0001-0002], [0011], [0029-0031], [0058], [0088-0089], [0111]).
Montano discloses wherein the EVOH blend layer polyethylene comprises ultra-low density polyethylene, low density polyethylene, linear low density polyethylene, medium density polyethylene, ethylene vinyl acetate copolymer (EVA), or blends thereof ((paragraphs [0001], [0010-0013], [0040-0057], [0060], [0065-0071], [0082-0097]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL C MIGGINS whose telephone number is (571)272-1494. The examiner can normally be reached Monday-Friday, 1-9 pm EST.
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/MICHAEL C MIGGINS/Primary Examiner, Art Unit 1782
MCM
February 26, 2026
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