Notice of Allowability
The communication dated 06/21/2023 has been entered and fully considered. Claims 1-20 are pending. Claims 9-16 are elected. Claims 1-8 and 17-20 are non-elected.
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 without traverse of Group 1, claims 9-16, in the reply filed on 11/24/2025 is acknowledged.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 9-11 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over AZZERAF (US 20210206150) in view of SUZUKI (US 20050154070 A1), KINNUNEN-RAUDASKOSKI (US 20210310196 A1), and MIRANDA (US 20210032002 A1).
For claim 9, AZZERAF teaches a multilayer laminate [abstract] with a paper-based substrate (layer A) [0046] that is biodegradable and recyclable [0096]. This teaches the limitation of “A biodegradable and recyclable barrier paper laminate comprising: a) a biodegradable and recyclable paper layer having an outer surface and an inner surface”.
AZZERAF teaches the entire laminate is biodegradable and recyclable [0096]. The Examiner understands for the entire laminate to be biodegradable and recyclable the individual components must also be biodegradable and recyclable. AZZERAF teaches the use of a primer (between A/B or B/C) on the substrate [0089]. This teaches the limitation of “b) a first biodegradable primer layer having an outer surface and an inner surface, said outer surface disposed on said inner surface of said biodegradable and recyclable paper layer”.
AZZERAF teaches the primer used is an adhesive between each layers [0031 and 0032]. The Examiner understands adhesive is interchangeable with primer as taught by AZZERAF. This teaches the limitation of “d) a second biodegradable primer layer having an outer surface and an inner surface, said inner surface disposed on said outer surface of said inorganic barrier layer; e) a biodegradable adhesive layer having an outer surface and an inner surface, said inner surface disposed on said outer surface of said second biodegradable primer layer;”
AZZERAF teaches the primer used is an adhesive between each layers [0031 and 0032]. The Examiner understands adhesive is interchangeable with primer as taught by AZZERAF. AZZERAF teaches the use of a polymer in a biodegradable layer [0045]. “f) a biodegradable polymeric layer having an outer surface and an inner surface, said inner surface disposed on said outer surface of said second biodegradable primer layer and which acts as a heat seal layer”. The examiner notes the use of “which acts as” as intended use language. The examiner understands the presence of the biodegradable polymer meets the product limitation of the instant claim. AZZERAF teaches the composite is recyclable [0096]. The Examiner understands the entire composite to be completely recyclable given AZZERAF teaches no qualification to the degree of recyclability. This teaches the instant limitation of “wherein the biodegradable and recyclable barrier paper laminate is recyclable and exhibits a recyclable percentage of at least 50 percent”.
AZZERAF teaches the composite is biodegradable [0096]. The Examiner understands the entire composite to be completely biodegradable given AZZERAF teaches no qualification to the degree of biodegradability. This teaches the instant limitation of “and wherein the biodegradable and recyclable barrier paper laminate has at least 60% biodegradation within 60 days”.
AZZERAF teaches a barrier layer (either A,B, or C) [0056]. AZZERAF teaches the layer B barrier can be made from a pigment [0076]. AZZERAF does not specify the formulation of the pigment. SUZUKI teaches a multilayer [0049] paper molding [0385] with recyclable paint coating [0397]. SUZUKI teaches the use of precipitated silica as a pigment [0188]. SUZUKI teaches the method improves the attachment of the paint film on the recycled material [0122]. It would be obvious to one skilled in the arts to substitute the pigment of SUZUKI into the structure of AZZERAF. One would be motivated to combine the art of SUZUKI into AZZERAF for the benefit of improved paint attachment as taught by SUZUKI. This teaches the limitation of “c) An inorganic barrier layer having an outer surface and an inner surface, said outer surface disposed on said inner surface of said first biodegradable primer layer; wherein the inorganic barrier layer comprises at least one of aluminum, aluminum oxide or silicon oxide”.
AZZERAF does not teach the recyclable method of the instant claim. KINNUNEN-RAUDASKOSKI teaches a similar recyclable paper material [abstract]. KINNUNEN-RAUDASKOSKI teaches the method used improves the paper fibers reuse in other products after processing [0021]. KINNUNEN-RAUDASKOSKI further teaches the paper recyclability is determined by PTS-RH:021/97 [0116]. This teaches the instant claim of “method as determined by test method PTS-RH:021/97 (Draft Oct. 2019)”. It would be obvious to one skilled in the arts to try the recyclability test method of the paper taught by KINNUNEN-RAUDASKOSKI into the process of AZZERAF to improve the validation of the paper product. One would be motivated to try the validation method to compare the recyclability based on the improved reuse-ability of the fiber as taught by KINNUNEN-RAUDASKOSKI.
AZZERAF does not teach the recyclable method of the instant claim. MIRANDA teaches a similar biodegradable paper material [abstract]. MIRANDA teaches the method used improves the paper fibers degradation in water or landfill [0041]. MIRANDA further teaches the paper recyclability is determined by OECD 301B test [0048]. This teaches the instant claim of “in the OECD 301B test”. It would be obvious to one skilled in the arts to try the biodegradability test method of the paper taught by MIRANDA into the process of AZZERAF to improve the validation of the paper product. One would be motivated to try the validation method to compare the recyclability based on the improved degradation of the fiber as taught by MIRANDA.
For claim 10, AZZERAF, SUZUKI, KINNUNEN-RAUDASKOSKI, and MIRANDA teach the biodegradable and recyclable barrier paper laminate of claim 9, as above. AZZERAF teaches the primer used is an adhesive between each layers [0031 and 0032]. The Examiner understands adhesive is interchangeable with primer as taught by AZZERAF. AZZERAF teaches the use CNC and polyvinyl alcohol [0074] as an adhesive [0075]. This teaches the limitation of “wherein the primer of the biodegradable primer layers is at least one of an inorganic-organic hybrid primer, a polyvinyl alcohol lacquer, or a shellac lacquer”.
For claim 11, AZZERAF, SUZUKI, KINNUNEN-RAUDASKOSKI, and MIRANDA teach the biodegradable and recyclable barrier paper laminate of claim 9, as above. AZZERAF teaches the primer used is an adhesive between each layers [0031 and 0032]. The Examiner understands adhesive is interchangeable with primer as taught by AZZERAF. AZZERAF teaches the use CNC and polyvinyl alcohol [0074] as an adhesive [0075]. This teaches the limitation of “wherein the biodegradable polymeric layer comprises at least one biodegradable polymer that is at least one of polyvinyl alcohol, polyethylene oxide, methylcellulose, sodium alginate, polyhydroxyalkanoates, polybutyl succinate adipate, polybutyl succinate, polybutylene adipate-co-terephthalate, polylactic acid, thermoplastic starch or blends thereof”.
For claim 14, AZZERAF, SUZUKI, KINNUNEN-RAUDASKOSKI, and MIRANDA teach the biodegradable and recyclable barrier paper laminate of claim 9, as above. AZZERAF teaches the primer used is an adhesive between each layers [0031 and 0032]. The Examiner understands adhesive is interchangeable with primer as taught by AZZERAF. AZZERAF teaches the use CNC and polyvinyl alcohol [0074] as an adhesive [0075]. AZZERAF further teaches the addition of sorbitol plasticizer [0076]. This teaches the limitation of “wherein the biodegradable polymeric layer comprises at least one plasticizer, wherein the plasticizer is at least one of glycerol, sorbitol, propylene glycol (PG), trimethylene glycol (PDO), trimethylolpropane (TMP), methylpropanediol (MPD), 2-methyl-1,3 propanediol (MPO),and mixtures thereof”.
For claim 15, AZZERAF, SUZUKI, KINNUNEN-RAUDASKOSKI, and MIRANDA teach the biodegradable and recyclable barrier paper laminate of claim 9, as above. AZZERAF teaches the WVTR of the laminate is between 1 and 10 at 38°C [0015]. This is within the range of the instant claim of “and wherein the WVTR of the biodegradable and recyclable barrier paper laminate is from about 0.001 g/m2/day to about 50 g/m2/day when measured at 38°C temperature and 50% relative humidity according to the ASTM method F1249-13 or E96”. AZZERAF teaches a base paper with a weight of 30 to 50 g/m2 coated with a CNC-PVOH blend barrier with a weight ranging from 1 and 15 g/m2 (equivalent to a total combined basis weight of 32 to 80 g/m2) [0139]. This range is within the instant range of “wherein the basis weight of the biodegradable and recyclable barrier paper laminate is from about 20 to about 1000 g/m2;”.
For claim 16, AZZERAF, SUZUKI, KINNUNEN-RAUDASKOSKI, and MIRANDA teach the biodegradable and recyclable barrier paper laminate of claim 9, as above. AZZERAF teaches the material is formed into a package [0021]. This teaches the limitation of “arranged as a package”.
Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over AZZERAF (US 20210206150), SUZUKI (US 20050154070 A1), KINNUNEN-RAUDASKOSKI (US 20210310196 A1), and MIRANDA (US 20210032002 A1) in view of BASTIOLI (US 5736586).
For claim 12, AZZERAF, SUZUKI, KINNUNEN-RAUDASKOSKI, and MIRANDA teach the biodegradable and recyclable barrier paper laminate of claim 11, as above. AZZERAF does not teach the condition of the polyvinyl alcohol. BASTIOLI teaches a similar use of polyvinyl alcohol in biodegradable plastic. BASTIOLI also teaches that the polyvinyl is used alone as a partially hydrolyzed homopolymer [col 4 line 27]. This teaches the limitation of “wherein the polyvinyl alcohol is either a homopolymer or copolymer, either partially or fully hydrolyzed”. It would be obvious to one skilled in the arts to try the use of polyvinyl alcohol to make a biodegradable material taught by BASTIOLI in the process of AZZERAF to improve the biodegradability of the paper product. One would be motivated to try the polyvinyl to increase the biodegradability based on the improved biodegradability of the material as taught by BASTIOLI.
For claim 13, AZZERAF, SUZUKI, KINNUNEN-RAUDASKOSKI, and MIRANDA teach the biodegradable and recyclable barrier paper laminate of claim 11, as above. AZZERAF does not teach the condition of the polyvinyl alcohol. BASTIOLI teaches a similar use of polyvinyl alcohol in biodegradable plastic. BASTIOLI also teaches that the polyvinyl is used alone as a partially hydrolyzed copolymer [col 4 line 27]. BASTIOLI teaches the polyvinyl alcohol used is 87% hydrolyzed [col 7 line 47]. This value is within the range of the limitation of “wherein the polyvinyl alcohol is a homopolymer with a degree of hydrolyzation from about 70% to about 100%”. BASTIOLI teaches the polyvinyl alcohol has a molecular weight of 70,000 [col 7 line 47]. This value is within the range of the instant claim of “wherein the polyvinyl alcohol has an average molecular weight from about 20,000 Da to about 150,000 Da”. It would be obvious to one skilled in the arts to try the use of polyvinyl alcohol to make a biodegradable material taught by BASTIOLI in the process of AZZERAF to improve the biodegradability of the paper product. One would be motivated to try the polyvinyl to increase the biodegradability based on the improved biodegradability of the material as taught by BASTIOLI.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to M RUSSELL whose telephone number is (571)272-6907. The examiner can normally be reached Mon-Fri: 7:30 to 4:30 EST.
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/S.M.R./Examiner, Art Unit 1748
/Abbas Rashid/Supervisory Patent Examiner, Art Unit 1748