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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 December 16th, 2025 has been entered.
Response to Amendment
The amendment filed December 5th, 2025 has been entered. Claims 1-4 have been amended. Claims 1-11, 13-14 and 17-21 remain pending.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4 and 17-21 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites the limitation "the multilayer films (F2)". There is insufficient antecedent basis for this limitation in the claim, since the claim previously recites “multilayer films (F1) and optionally multilayer films.” For examination purposes this limitation is interpreted as “multilayer films (F1) and optionally multilayer films (F2).”
Claims 17-21 are rejected as they are dependent upon a previously rejected claim.
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 1-3, 5, 9-11 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (EP 1683829) in view of Riise et al. (US 2014/0231557) and further in view of El Cheikh Ali (US 20170291402).
Regarding claim 1, Kim et al. (EP 1683829) teaches a process for treating a polyolefin mixed recycling stream (A1) (Paragraph 0001 lines 1-3), comprising, in the given order, the steps of:
a1) providing a polyolefin mixed recycling stream (A1) (Paragraph 0006 lines 1-4), wherein the polyolefin mixed recycling stream (A1) comprises:
i) multilayer films (F1) (Paragraph 0006 lines 1-4) comprising the following layers:
(a) an outer layer consisting of a desired polyolefin (PO) (Paragraph 0012 lines 15-16);
(b) a metal layer in contact with the outer layer (a) (Paragraph 0012 lines 15-16, “aluminum layer” in contact with the outer layer); and
(c) one or more further layers wherein at least one of the one or more further layers is in contact with the metal layer (b) (Paragraph 0007 lines 1-6), wherein the one or more further layers may contain the desired polyolefin (PO), polyolefin other than the desired polyolefin, or non-polyolefin material (Paragraph 0007 lines 1-6, “polyester”); and
iii) optionally multilayer films (F2) consisting of the following layers:
(a) an outer layer consisting of a desired polyolefin (PO); and
(b) a metal layer in contact with the outer layer (a),
c1) milling, shredding or grinding the recycling stream (B1) enriched in the desired polyolefin (PO) to convert any pieces that are not in flaked form into flakes (Paragraph 0012 lines 1-2) with a flake surface area in the range from 50 to 2500 mm2 (Paragraph 0012 lines 1-2), thereby obtaining a recycling stream (B1) enriched in the desired polyolefin (PO) in flaked form (Paragraph 0012 lines 1-2);
d1) treating the recycling stream (B1) enriched in the desired polyolefin (PO) in flaked form with an alkaline aqueous solution (Paragraph 0012 lines 2-4), thereby obtaining a treated recycling stream (C) dispersed in the alkaline aqueous solution (Paragraph 0012 lines 2-6);
e1) removing the alkaline aqueous solution, thereby obtaining the treated recycling stream (C) (Paragraph 0014 lines 1-4);
f1) rinsing the treated recycling stream (C) with solvent, thereby removing all residue of the alkaline aqueous solution to obtain a rinsed recycling stream (D) (Paragraph 0014 lines 7-9);
g1) selecting those flakes present in the rinsed recycling stream (D) that contain any material other than the desired polyolefin (PO), and removing these flakes from the treated recycling stream to leave a remaining recycling stream (E) of the desired polyolefin (PO) (Paragraph 0023 lines 1-2); and
h1) optionally extruding and pelletizing the recycling stream (E) of the desired polyolefin (PO) to form pellets (P) of the desired polyolefin (PO),
wherein step c1) can be omitted in the case that the pieces of the recycling stream (B1) enriched in the desired polyolefin (PO) are already in flaked form with a flake surface area in the range from 50 to 2500 mm2, and
wherein the desired polyolefin (PO) is selected from a group consisting of polypropylene and polyethylene (Paragraph 0023 lines 1-2).
Kim et al. (EP 1683829) lacks teaching wherein the polyolefin mixed recycling stream (A1) comprises: ii) monolayer films of the desired polyolefin (PO).
El Cheikh Ali (US 20170291402) teaches a process for treating a polyolefin mixed recycling stream (Paragraph 0002 lines 1-5, Paragraph 0009 lines 1-7), wherein the polyolefin mixed recycling stream (A1) comprises: monolayer films (Paragraph 0020 lines 1-2) of the desired polyolefin (PO) (Paragraph 026 lines 1-11).
El Cheikh Ali (US 20170291402) explains that the polymeric film may either be a monolayer film or a multilayer film (Paragraph 0020 lines 1-3), and explains that polymeric films have a wide range of applications including flexible packaging articles, bags, shrink films, agricultural films, and/or industrial liners and articles may be used directly by end users, consumers, retainers and/or industry (Paragraph 0068 lines 1-17). El Cheikh Ali (US 20170291402) additionally explains that large amounts of leftover latex paint ends up in landfills, which can pose environmental and health risks (Paragraph 0003 lines 1-9). Finally, El Cheikh Ali (US 20170291402) explains how monolayer films are formed into bags (Paragraph 0094 lines 1-14).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kim et al. (EP 1683829) to include wherein the polyolefin mixed recycling stream (A1) comprises: ii) monolayer films of the desired polyolefin (PO) as taught by El Cheikh Ali (US 20170291402) in order to increase the types of materials which may be recycled for further use and thus decrease the negative environmental impact of these materials.
Kim et al. (EP 1683829) lacks teaching b1) selecting those pieces present in the polyolefin mixed recycling stream (A1) that are either monolayer film pieces of the desired polyolefin (PO) or pieces of multilayer films (F1) or pieces of multilayer films (F2) as defined in step a1), and separating and collecting these pieces to form a recycling stream (B1) enriched in the desired polyolefin (PO).
Riise et al. (US 2014/0231557) teaches a process for treating a polyolefin mixed recycling stream (A1) (Paragraph 0002 lines 1-3, Paragraph 0006 lines 1-17) comprising: b1) selecting those pieces present in the polyolefin mixed recycling stream (A1) that are either monolayer film pieces of the desired polyolefin (PO) or pieces of multilayer films (F1) or pieces of multilayer films (F2) as defined in step a1) (Paragraph 0096 line 1-Paragarph 0097 line 9), and separating (Fig. 5 ‘NIR Sorting’) and collecting these pieces to form a recycling stream (B1) (Fig. 5 ‘Mixed Plastics’) enriched in the desired polyolefin (PO) (Paragraph 0096 lines 1-8).
Riise et al. (US 2014/0231557) explains that many plastics have broad density distributions or similar densities that prevent density separation from leading to high purity plastic products, therefore it is useful to use additional separation types to recover plastics (Paragraph 0076 lines 1-6). Riise et al. (US 2014/0231557) additionally explains that NIR sorting may be used prior to any size reduction steps in order to eject light colored undesirable plastics from the stream of mixed plastics (Paragraph 0096 lines 1-8), as NIR sorting is able to distinguish different types of light-colored plastics (Paragraph 0080 lines 1-5). Riise et al. (US 2014/0231557) states that in order to create product streams suitable for the widest range of applications it is desirably to purify the flakes such that they contain almost entirely one type of plastic (Paragraph 0008 lines 1-3).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kim et al. (EP 1683829) to include b1) selecting those pieces present in the polyolefin mixed recycling stream (A1) that are either monolayer film pieces of the desired polyolefin (PO) or pieces of multilayer films (F1) or pieces of multilayer films (F2) as defined in step a1), and separating and collecting these pieces to form a recycling stream (B1) enriched in the desired polyolefin (PO) as taught by Riise et al. (US 2014/0231557) in order to remove undesirable plastics from the mixed recycling stream, wherein the undesirable plastics may have similar densities to the desired polyolefin, therefore allowing for recovery of flakes of only one type of plastic.
Regarding claim 2, Kim et al. (EP 1683829) teaches a process for treating a recycling stream (B2) enriched in a desired polyolefin (PO) (Paragraph 0001 lines 1-3), comprising, in the given order, the steps of:
a2) providing a recycling stream (B2) enriched in the desired polyolefin (PO) (Paragraph 0006 lines 1-4), wherein the recycling stream (B2) comprises:
i) multilayer films (F) (Paragraph 0006 lines 1-4) comprising the following layers:
(a) an outer layer consisting of the desired polyolefin (PO) (Paragraph 0012 lines 15-16);
(b) a metal layer in contact with the outer layer (a) (Paragraph 0012 lines 15-16, “aluminum layer” in contact with the outer layer); and
(c) one or more further layers wherein at least one of the one or more further layers is in contact with the metal layer (b) (Paragraph 0007 lines 1-6), wherein the one or more further layers may contain the desired polyolefin (PO), polyolefin other than the desired polyolefin, or non-polyolefin material (Paragraph 0007 lines 1-6, “polyester”), and
iii) optionally multilayer films (F2) consisting of the following layers:
(a) an outer layer consisting of a desired polyolefin (PO); and
(b) a metal layer in contact with the outer layer (a),
wherein the recycling stream (B2) enriched in the desired polyolefin (PO) is provided in flaked form (Paragraph 0012 lines 1-2), and
b2) treating the recycling stream (B2) enriched in the desired polyolefin (PO) in flaked form with an alkaline aqueous solution (Paragraph 0012 lines 2-4), thereby obtaining a treated recycling stream (C) dispersed in the alkaline aqueous solution (Paragraph 0012 lines 2-6);
c2) removing the alkaline aqueous solution, thereby obtaining the treated recycling stream (C) (Paragraph 0014 lines 1-4);
d2) rinsing the treated recycling stream (C) with solvent, thereby removing all residue of the alkaline aqueous solution to obtain a rinsed recycling stream (D) (Paragraph 0014 lines 7-9);
e2) selecting those flakes present in the rinsed recycling stream (D) that contain any material other than the desired polyolefin (PO), and removing these flakes from the treated recycling stream to leave a remaining recycling stream (E) of the desired polyolefin (PO) (Paragraph 0023 lines 1-2); and
f2) optionally extruding and pelletizing the recycling stream (E) of the desired polyolefin (PO) to form pellets (P) of the desired polyolefin (PO),
wherein the desired polyolefin (PO) is selected from a group consisting of polypropylene and polyethylene (Paragraph 0023 lines 1-2).
Kim et al. (EP 1683829) lacks teaching wherein the recycling stream (B2) comprises: ii) monolayer films of the desired polyolefin (PO).
El Cheikh Ali (US 20170291402) teaches a process for treating a recycling stream (Paragraph 0002 lines 1-5, Paragraph 0009 lines 1-7), wherein the recycling stream (B2) comprises: ii) monolayer films (Paragraph 0020 lines 1-2) of the desired polyolefin (PO) (Paragraph 026 lines 1-11).
El Cheikh Ali (US 20170291402) explains that the polymeric film may either be a monolayer film or a multilayer film (Paragraph 0020 lines 1-3), and explains that polymeric films have a wide range of applications including flexible packaging articles, bags, shrink films, agricultural films, and/or industrial liners and articles may be used directly by end users, consumers, retainers and/or industry (Paragraph 0068 lines 1-17). El Cheikh Ali (US 20170291402) additionally explains that large amounts of leftover latex paint ends up in landfills, which can pose environmental and health risks (Paragraph 0003 lines 1-9). Finally, El Cheikh Ali (US 20170291402) explains how monolayer films are formed into bags (Paragraph 0094 lines 1-14).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kim et al. (EP 1683829) to include wherein the recycling stream (B2) comprises: ii) monolayer films of the desired polyolefin (PO) as taught by El Cheikh Ali (US 20170291402) in order to increase the types of materials which may be recycled for further use and thus decrease the negative environmental impact of these materials.
Kim et al. (EP 1683829) lacks teaching a2) providing a recycling stream (B2) enriched in the desired polyolefin (PO), wherein the recycling stream (B2) enriched in the desired polyolefin (PO) is obtainable by a process comprising the steps, in the given order, of selecting those pieces present in a precursor polyolefin mixed recycling stream (A2) that are either monolayer film pieces of the desired polyolefin (PO) or pieces of multilayer films (F1) or multilayer films (F2) as defined above, and separating and collecting these pieces to form the recycling stream (B2) enriched in the desired polyolefin (PO).
Riise et al. (US 2014/0231557) teaches a process for treating a recycling stream (B2) enriched in a desired polyolefin (A1) (Paragraph 0002 lines 1-3, Paragraph 0006 lines 1-17) comprising: a2) providing a recycling stream (B2) enriched in the desired polyolefin (PO) (Fig. 5 ‘Mixed Plastics’, Paragraph 0096 line 1-Paragraph 0097 line 9), wherein the recycling stream (B2) enriched in the desired polyolefin (PO) is obtainable by a process comprising the steps, in the given order, of selecting those pieces present in a precursor polyolefin mixed recycling stream (A2) that are either monolayer film pieces of the desired polyolefin (PO) or pieces of multilayer films (F1) or multilayer films (F2) as defined above (Paragraph 0096 line 1-Paragarph 0097 line 9), and separating (Fig. 5 ‘NIR Sorting’) and collecting these pieces to form the recycling stream (B2) (Fig. 5 ‘Mixed Plastics’) enriched in the desired polyolefin (PO) (Paragraph 0096 lines 1-8, Paragraph 0076 lines 1-6).
Riise et al. (US 2014/0231557) explains that many plastics have broad density distributions or similar densities that prevent density separation from leading to high purity plastic products, therefore it is useful to use additional separation types to recover plastics (Paragraph 0076 lines 1-6). Riise et al. (US 2014/0231557) additionally explains that NIR sorting may be used prior to any size reduction steps in order to eject light colored undesirable plastics from the stream of mixed plastics (Paragraph 0096 lines 1-8), as NIR sorting is able to distinguish different types of light-colored plastics (Paragraph 0080 lines 1-5). Riise et al. (US 2014/0231557) states that in order to create product streams suitable for the widest range of applications it is desirably to purify the flakes such that they contain almost entirely one type of plastic (Paragraph 0008 lines 1-3).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kim et al. (EP 1683829) to include a2) providing a recycling stream (B2) enriched in the desired polyolefin (PO), wherein the recycling stream (B2) enriched in the desired polyolefin (PO) is obtainable by a process comprising the steps, in the given order, of selecting those pieces present in a precursor polyolefin mixed recycling stream (A2) that are either monolayer film pieces of the desired polyolefin (PO) or pieces of multilayer films (F1) or multilayer films (F2) as defined above, and separating and collecting these pieces to form the recycling stream (B2) enriched in the desired polyolefin (PO) as taught by Riise et al. (US 2014/0231557) in order to remove undesirable plastics from the mixed recycling stream, wherein the undesirable plastics may have similar densities to the desired polyolefin, therefore allowing for recovery of flakes of only one type of plastic.
Regarding claim 3, Kim et al. (EP 1683829) teaches the process according to claim 2, wherein step a2) of providing a recycling stream (B2) enriched in the desired polyolefin (PO) (Paragraph 0006 lines 1-4) is achieved through the following steps, in the given order:
a2.i) providing a polyolefin mixed recycling stream (A2) (Paragraph 0006 lines 1-4), wherein the polyolefin mixed recycling stream (A2) comprises:
i) multilayer films (F) (Paragraph 0006 lines 1-4) comprising the following layers:
(a) an outer layer consisting of the desired polyolefin (PO) (Paragraph 0012 lines 15-16);
(b) a metal layer in contact with the outer layer (a) (Paragraph 0012 lines 15-16, “aluminum layer” in contact with the outer layer); and
(c) one or more further layers wherein at least one of the one or more further layers is in contact with the metal layer (b) (Paragraph 0007 lines 1-6), wherein the one or more further layers may contain the desired polyolefin (PO), polyolefin other than the desired polyolefin, or non-polyolefin material (Paragraph 0007 lines 1-6, “polyester”); and
(iii) optionally multilayer films (F2) consisting of the following layers:
(a) an outer layer consisting of a desired polyolefin (PO); and
(b) a metal layer in contact with the outer layer (a),
a2.iii) milling, shredding or grinding the recycling stream (B2) enriched in the desired polyolefin (PO) to convert any pieces that are not in flaked form into flakes (Paragraph 0012 lines 1-2) with a flake surface area in the range from 50 to 2500 mm2 (Paragraph 0012 lines 1-2), thereby obtaining a recycling stream (B2) enriched in the desired polyolefin (PO) in flaked form (Paragraph 0012 lines 1-2),
wherein step a2.iii) can be omitted in the case that the pieces of the recycling stream (B2) enriched in the desired polyolefin (PO) are already in flaked form with a flake surface area in the range from 50 to 2500 mm2.
Kim et al. (EP 1683829) lacks teaching wherein the polyolefin mixed recycling stream (A2) comprises: ii) monolayer films of the desired polyolefin (PO).
El Cheikh Ali (US 20170291402) teaches a process for treating a recycling stream (Paragraph 0002 lines 1-5, Paragraph 0009 lines 1-7), wherein the polyolefin mixed recycling stream (A2) comprises: ii) monolayer films (Paragraph 0020 lines 1-2) of the desired polyolefin (PO) (Paragraph 026 lines 1-11).
El Cheikh Ali (US 20170291402) explains that the polymeric film may either be a monolayer film or a multilayer film (Paragraph 0020 lines 1-3), and explains that polymeric films have a wide range of applications including flexible packaging articles, bags, shrink films, agricultural films, and/or industrial liners and articles may be used directly by end users, consumers, retainers and/or industry (Paragraph 0068 lines 1-17). El Cheikh Ali (US 20170291402) additionally explains that large amounts of leftover latex paint ends up in landfills, which can pose environmental and health risks (Paragraph 0003 lines 1-9). Finally, El Cheikh Ali (US 20170291402) explains how monolayer films are formed into bags (Paragraph 0094 lines 1-14).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kim et al. (EP 1683829) to include wherein the polyolefin mixed recycling stream (A2) comprises: ii) monolayer films of the desired polyolefin (PO) as taught by El Cheikh Ali (US 20170291402) in order to increase the types of materials which may be recycled for further use and thus decrease the negative environmental impact of these materials.
Kim et al. (EP 1683829) lacks teaching a2.ii) selecting those pieces present in the polyolefin mixed recycling stream (A2) that are either monolayer film pieces of the desired polyolefin (PO) or pieces of multilayer films (F1) or pieces of multilayer films (F2) as defined in step a2.i), and separating and collecting these pieces to form a recycling stream (B2) enriched in the desired polyolefin (PO).
Riise et al. (US 2014/0231557) teaches a process for treating a recycling stream (B2) enriched in a desired polyolefin (A1) (Paragraph 0002 lines 1-3, Paragraph 0006 lines 1-17) wherein step a2) of providing a recycling stream (B2) enriched in the desired polyolefin (PO) (Paragraph 0006 lines 1-4) is achieved through a2.ii) selecting those pieces present in the polyolefin mixed recycling stream (A2) that are either monolayer film pieces of the desired polyolefin (PO) or pieces of multilayer films (F1) or pieces of multilayer films (F2) as defined in step a2.i) (Paragraph 0096 line 1-Paragarph 0097 line 9), and separating (Fig. 5 ‘NIR Sorting’) and collecting these pieces to form a recycling stream (B2) (Fig. 5 ‘Mixed Plastics’) enriched in the desired polyolefin (PO) (Paragraph 0096 lines 1-8, Paragraph 0076 lines 1-6).
Riise et al. (US 2014/0231557) explains that many plastics have broad density distributions or similar densities that prevent density separation from leading to high purity plastic products, therefore it is useful to use additional separation types to recover plastics (Paragraph 0076 lines 1-6). Riise et al. (US 2014/0231557) additionally explains that NIR sorting may be used prior to any size reduction steps in order to eject light colored undesirable plastics from the stream of mixed plastics (Paragraph 0096 lines 1-8), as NIR sorting is able to distinguish different types of light-colored plastics (Paragraph 0080 lines 1-5). Riise et al. (US 2014/0231557) states that in order to create product streams suitable for the widest range of applications it is desirably to purify the flakes such that they contain almost entirely one type of plastic (Paragraph 0008 lines 1-3).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kim et al. (EP 1683829) to include a2.ii) selecting those pieces present in the polyolefin mixed recycling stream (A2) that are either monolayer film pieces of the desired polyolefin (PO) or pieces of multilayer films (F1) or pieces of multilayer films (F2) as defined in step a2.i), and separating and collecting these pieces to form a recycling stream (B2) enriched in the desired polyolefin (PO) as taught by Riise et al. (US 2014/0231557) in order to remove undesirable plastics from the mixed recycling stream, wherein the undesirable plastics may have similar densities to the desired polyolefin, therefore allowing for recovery of flakes of only one type of plastic.
Regarding claim 5, Kim et al. (EP 1683829) teaches the process according to claim 1, wherein the alkaline aqueous solution of step d1) has a pH in the range from 9.0 to 14.0 (Paragraph 0012 lines 2-6).
Regarding claim 9, Kim et al. (EP 1683829) teaches the process according to claim 1, wherein the combination of alkaline aqueous solution and the recycling stream (B1) enriched in desired polyolefin (PO) in flaked form in step d1) is subjected to agitation through mechanical mixing (Paragraph 0012 lines 3-4), ultrasonic treatment, mechanical grinding, pump around loop, or a combination thereof.
Regarding claim 10, Kim et al. (EP 1683829) teaches the process according to claim 1, wherein the treatment of the recycling stream (B1) enriched in desired polyolefin (PO) in flaked form with alkaline aqueous solution in step d1) lasts from 5 minutes to 4 hours (Paragraph 0012 lines 6-7).
Regarding claim 11, Kim et al. (EP 1683829) teaches the process according to claim 1, wherein the treatment of the recycling stream (B1) enriched in desired polyolefin (PO) in flaked form with alkaline aqueous solution in step d1) is carried out at a temperature in the range from 20 to 90 °C (Paragraph 0012 lines 6-14).
Regarding claim 13, Kim et al. (EP 1683829) teaches the process according to claim 1, wherein the polyolefin mixed recycling stream (A1) originates from post-consumer waste, post-industrial waste, or a combination thereof (Paragraph 0002 lines 1-3, Paragraph 0010 lines 1-3).
Regarding claim 14, Kim et al. (EP 1683829) teaches the process according to claim 1, wherein the polyolefin mixed recycling stream (A1) contains at least 40 wt.-% of monolayer and/or multilayer polyolefin films (Paragraph 0010 lines 4-8).
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (EP 1683829) in view of El Cheikh Ali (US 20170291402), Riise et al. (US 2014/0231557) and further in view of Bork et al. (US 7497335).
Regarding claim 6, Kim et al. (EP 1683829) teaches the process according to claim 1, wherein the alkaline aqueous solution of step d1) is an aqueous solution of a base selected from the group consisting of calcium hydroxide, potassium hydroxide, lithium hydroxide, and sodium hydroxide (Paragraph 0012 lines 2-6).
Kim et al. (EP 1683829) lacks teaching wherein the alkaline aqueous solution of step d1) is an aqueous solution of a base selected from the group consisting of magnesium hydroxide, sodium bicarbonate, and mixtures thereof.
Bork et al. (US 7497335) teaches a process for treating a polyolefin mixed recycling stream (Col. 2 lines 58-67, Col. 3 lines 33-47), comprising d1) treating the recycling stream (B1) enriched in the desired polyolefin (PO) in flaked form (Col. 4 lines 19-21) with an alkaline aqueous solution (Col. 4 lines 29-43), thereby obtaining a treated recycling stream (C) dispersed in the alkaline aqueous solution (Col. 9 lines 14-24); wherein the alkaline aqueous solution of step d1) is an aqueous solution of a base selected from the group consisting of calcium hydroxide, potassium hydroxide, magnesium hydroxide, sodium bicarbonate, sodium hydroxide and mixtures thereof (Col. 9 lines 14-26). Bork et al. (US 7497335) explains that solutions of various salts or mixtures thereof can be used to create desired specific gravity and low viscosity, and which are not corrosive or detrimental to the granulated particles (Col. 9 lines 9-17).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kim et al. (EP 1683829) to include the alkaline aqueous solution of step d1) is an aqueous solution of a base selected from the group consisting of magnesium hydroxide, sodium bicarbonate, and mixtures thereof as taught by Bork et al. (US 7497335) in order to provide an aqueous solution of a desired specific gravity and viscosity for separation of materials, wherein the solution is not corrosive or detrimental to the materials.
Regarding claim 7, Kim et al. (EP 1683829) teaches the process according to claim 6, wherein the amount of the base in the alkaline aqueous solution of step d1) is in the range from 0.05 to 10 wt.-%, relative to the total weight of the alkaline aqueous solution (Paragraph 0012 lines 5-12).
Regarding claim 8, Kim et al. (EP 1683829) lacks teaching the process according to claim 1, wherein the alkaline aqueous solution of step d1) comprises a detergent in an amount in the range from 0.1 wt. % to 1.0 wt.-%, relative to the total weight of the alkaline aqueous solution.
Bork et al. (US 7497335) teaches a process for treating a polyolefin mixed recycling stream (Col. 2 lines 58-67, Col. 3 lines 33-47), comprising d1) treating the recycling stream (B1) enriched in the desired polyolefin (PO) in flaked form (Col. 4 lines 19-21) with an alkaline aqueous solution (Col. 4 lines 29-43), thereby obtaining a treated recycling stream (C) dispersed in the alkaline aqueous solution (Col. 9 lines 14-24); wherein the alkaline aqueous solution of step d1) comprises a detergent (Col. 10 lines 61-65). Bork et al. (US 7497335) explains that a small amount of detergent is desirably utilized to reduce surface tension, to reduce interfacial tension between the fluid and the particles, to promote the release of air bubbles and to reduce the attraction between particles (Col. 10 lines 61-65). Bork et al. (US 7497335) states that a small amount may be used (Col. 10 lines 61-65), and explains that the exact amount generally varies with the strength of the detergent, the amount of impurities in the feedstock, and the chemical nature of the aqueous solution (Col. 11 lines 32-35).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kim et al. (EP 1683829) to include wherein the alkaline aqueous solution of step d1) comprises a detergent as taught by Bork et al. (US 7497335) in order to reduce surface tension, reduce interfacial tension between the fluid and the particles, and to reduce the attraction between particles. Further it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to include the detergent in an amount in the range from 0.1 wt. % to 1.0 wt.-%, relative to the total weight of the alkaline aqueous solution, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Claims 4 and 20-21 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (EP 1683829) in view of El Cheikh Ali (US 20170291402).
Regarding claim 4, Kim et al. (EP 1683829) teaches a process for treating a polyolefin mixed recycling stream (B3) (Paragraph 0001 lines 1-3), comprising, in the given order, the steps of:
a3) providing a polyolefin mixed recycling stream (B3) (Paragraph 0006 lines 1-4) that comprises at least 50 wt.- %, relative to the total weight of the polyolefin mixed recycling stream (B3), of multilayer films (F1) (Paragraph 0010 lines 1-8) and optionally multilayer films,
wherein the multilayer films (F1) comprise the following layers:
(a) an outer layer consisting of a polyolefin (PO) (Paragraph 0012 lines 15-16);
(b) a metal layer in contact with the outer layer (a) (Paragraph 0012 lines 15-16, “aluminum layer” in contact with the outer layer); and
(c) one or more further layers wherein at least one of the one or more further layers is in contact with the metal layer (b) (Paragraph 0007 lines 1-6), wherein the one or more further layers may contain the polyolefin (PO) of the outer layer(a), polyolefin other than the polyolefin of the outer layer, or non- polyolefin material (Paragraph 0007 lines 1-6, “polyester”);
wherein the multilayer films (F2) consist of the following layers:
(a) an outer layer consisting of a polyolefin (PO);
(b) a metal layer in contact with the outer layer (a), and
b3) milling, shredding or grinding the polyolefin mixed recycling stream (B3) to convert any pieces that are not in flaked form into flakes (Paragraph 0012 lines 1-2) with a flake surface area in the range from 50 to 2500 mm2 (Paragraph 0012 lines 1-2), thereby obtaining a polyolefin mixed recycling stream (B3) in flaked form (Paragraph 0012 lines 1-2);
c3) treating the polyolefin mixed recycling stream (B3) in flaked form with an alkaline aqueous solution (Paragraph 0012 lines 2-4), thereby obtaining a treated recycling stream (C3) dispersed in the alkaline aqueous solution (Paragraph 0012 lines 2-6);
d3) removing the alkaline aqueous solution, thereby obtaining the treated recycling stream (C3) (Paragraph 0014 lines 1-4),
e3) rinsing the treated recycling stream (C3) with solvent thereby removing all residue of the alkaline aqueous solution to obtain a rinsed recycling stream (D3) (Paragraph 0014 lines 7-9); and
f3) selecting those flakes present in the rinsed recycling stream (D3) that contain any material other than the desired polyolefin (PO) and removing these flakes from the treated recycling stream to leave a remaining recycling stream (E3) of the desired polyolefin (PO) (Paragraph 0023 lines 1-2);
g3) optionally extruding and pelletizing the recycling stream (E3) of the desired polyolefin (PO) to form pellets (P) of the desired polyolefin (PO),
wherein step b3) can be omitted in the case that the pieces of the polyolefin mixed recycling stream (B3) are already in flaked form with a flake surface area in the range from 50 to 2500 mm2,
wherein the desired polyolefin (PO) is selected from a group consisting of polypropylene and polyethylene (Paragraph 0023 lines 1-2).
Kim et al. (EP 1683829) lacks teaching wherein the polyolefin mixed recycling stream (B3) also comprises monolayer films of the desired polyolefin (PO).
El Cheikh Ali (US 20170291402) teaches a process for treating a polyolefin mixed recycling stream (Paragraph 0002 lines 1-5, Paragraph 0009 lines 1-7), wherein the polyolefin mixed recycling stream (B3) also comprises monolayer films (Paragraph 0020 lines 1-2) of the desired polyolefin (PO) (Paragraph 026 lines 1-11).
El Cheikh Ali (US 20170291402) explains that the polymeric film may either be a monolayer film or a multilayer film (Paragraph 0020 lines 1-3), and explains that polymeric films have a wide range of applications including flexible packaging articles, bags, shrink films, agricultural films, and/or industrial liners and articles may be used directly by end users, consumers, retainers and/or industry (Paragraph 0068 lines 1-17). El Cheikh Ali (US 20170291402) additionally explains that large amounts of leftover latex paint ends up in landfills, which can pose environmental and health risks (Paragraph 0003 lines 1-9). Finally, El Cheikh Ali (US 20170291402) explains how monolayer films are formed into bags (Paragraph 0094 lines 1-14).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kim et al. (EP 1683829) to include wherein the polyolefin mixed recycling stream (B3) also comprises monolayer films of the desired polyolefin (PO) as taught by El Cheikh Ali (US 20170291402) in order to increase the types of materials which may be recycled for further use and thus decrease the negative environmental impact of these materials.
Regarding claim 20, Kim et al. (EP 1683829) teaches the process according to claim 4, wherein the combination of alkaline aqueous solution and the polyolefin mixed recycling stream (B3) in flaked form in step c3) is subjected to agitation through mechanical mixing (Paragraph 0012 lines 3-4), ultrasonic treatment, mechanical grinding, pump around loop, or a combination thereof.
Regarding claim 21, Kim et al. (EP 1683829) teaches the process according to claim 4, wherein the treatment of the polyolefin mixed recycling stream (B3) in flaked form with alkaline aqueous solution in step c3) is carried out at a temperature in the range from 20 to 90 °C (Paragraph 0012 lines 6-14).
Claims 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (EP 1683829) in view of El Cheikh Ali (US 20170291402) and further in view of Bork et al. (US 7497335).
Regarding claim 17, Kim et al. (EP 1683829) teaches the process according to claim 4, wherein the alkaline aqueous solution of step c3) is an aqueous solution of a base selected from the group consisting of calcium hydroxide, potassium hydroxide, lithium hydroxide, and sodium hydroxide (Paragraph 0012 lines 2-6).
Kim et al. (EP 1683829) lacks teaching wherein the alkaline aqueous solution of step c3) is an aqueous solution of a base selected from the group consisting of magnesium hydroxide, sodium bicarbonate, and mixtures thereof.
Bork et al. (US 7497335) teaches a process for treating a polyolefin mixed recycling stream (Col. 2 lines 58-67, Col. 3 lines 33-47), comprising c3) treating the recycling stream (B1) enriched in the desired polyolefin (PO) in flaked form (Col. 4 lines 19-21) with an alkaline aqueous solution (Col. 4 lines 29-43), thereby obtaining a treated recycling stream (C) dispersed in the alkaline aqueous solution (Col. 9 lines 14-24); wherein the alkaline aqueous solution of step c3) is an aqueous solution of a base selected from the group consisting of calcium hydroxide, potassium hydroxide, magnesium hydroxide, sodium bicarbonate, sodium hydroxide and mixtures thereof (Col. 9 lines 14-26). Bork et al. (US 7497335) explains that solutions of various salts or mixtures thereof can be used to create desired specific gravity and low viscosity, and which are not corrosive or detrimental to the granulated particles (Col. 9 lines 9-17).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kim et al. (EP 1683829) to include the alkaline aqueous solution of step c3) is an aqueous solution of a base selected from the group consisting of magnesium hydroxide, sodium bicarbonate, and mixtures thereof as taught by Bork et al. (US 7497335) in order to provide an aqueous solution of a desired specific gravity and viscosity for separation of materials, wherein the solution is not corrosive or detrimental to the materials.
Regarding claim 18, Kim et al. (EP 1683829) teaches the process according to claim 17, wherein the amount of the base in the alkaline aqueous solution of step c3) is in the range from 0.05 to 10 wt.-%, relative to the total weight of the alkaline aqueous solution (Paragraph 0012 lines 5-12).
Regarding claim 19, Kim et al. (EP 1683829) lacks teaching the process according to claim 4, wherein the alkaline aqueous solution of step c3) comprises a detergent in an amount in the range from 0.1 wt. % to 1.0 wt.-%, relative to the total weight of the alkaline aqueous solution.
Bork et al. (US 7497335) teaches a process for treating a polyolefin mixed recycling stream (Col. 2 lines 58-67, Col. 3 lines 33-47), comprising c3) treating the recycling stream (B1) enriched in the desired polyolefin (PO) in flaked form (Col. 4 lines 19-21) with an alkaline aqueous solution (Col. 4 lines 29-43), thereby obtaining a treated recycling stream (C) dispersed in the alkaline aqueous solution (Col. 9 lines 14-24); wherein the alkaline aqueous solution of step c3) comprises a detergent (Col. 10 lines 61-65). Bork et al. (US 7497335) explains that a small amount of detergent is desirably utilized to reduce surface tension, to reduce interfacial tension between the fluid and the particles, to promote the release of air bubbles and to reduce the attraction between particles (Col. 10 lines 61-65). Bork et al. (US 7497335) states that a small amount may be used (Col. 10 lines 61-65), and explains that the exact amount generally varies with the strength of the detergent, the amount of impurities in the feedstock, and the chemical nature of the aqueous solution (Col. 11 lines 32-35).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Kim et al. (EP 1683829) to include wherein the alkaline aqueous solution of step c3) comprises a detergent as taught by Bork et al. (US 7497335) in order to reduce surface tension, reduce interfacial tension between the fluid and the particles, and to reduce the attraction between particles. Further it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to include the detergent in an amount in the range from 0.1 wt. % to 1.0 wt.-%, relative to the total weight of the alkaline aqueous solution, since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Response to Arguments
Applicant’s arguments, filed December 5th, 2025, with respect to the rejection(s) of amended claim(s) 1-4 under 35 U.S.C. 102(a)(1) and 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of El Cheikh Ali (US 20170291402).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Molly K Devine whose telephone number is (571)270-7205. The examiner can normally be reached Mon-Fri 7:00-4:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael McCullough can be reached at (571) 272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MOLLY K DEVINE/ Examiner, Art Unit 3653