DETAILED OFFICIAL 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 .
Examiner Note
It is noted that all references hereinafter to Applicant’s specification (“spec”) are to the published application US 2024/0253880, unless stated otherwise. Further, any italicized text utilized hereinafter is to be interpreted as emphasis placed thereupon.
Election/Restrictions
Applicant’s election without traverse of the invention of Group I, claims 1-16 in the reply filed on 08 May 2026 is acknowledged. Claims 17-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-2, 4-8, 10, 14, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Avitsland et al. (US 2012/0134605; “Avitsland”).
Regarding claim 1, Avitsland discloses a barrier sheet material [Abstract; 0001, 0004-0005, 0021] (stretchable barrier wrap) comprising: (i) an extensible Kraft paper substrate having a stretch level (stretchability) in the machine direction (MD) of 7-9%, such as about 8% [0028, 0030-0033, 0036, 0041] (an extensible cellulosic substrate having a stretchability of at least 5%) (see MPEP 2131.03(I) and (II)), and (ii) a water vapor barrier layer (coating) formed from an aqueous polyolefin dispersion on at least one surface of the substrate [0008-0009, 0021, 0025, 0050-0061, 0082-0084, 0087-0088, 0091, 0096, 0099] (an aqueous polyolefin dispersion barrier layer on the extensible cellulosic substrate). The barrier sheet material is suitable for forming sacks.
The barrier sheet material of Avitsland set forth/cited above anticipates the stretchable barrier wrap (hereinafter, abbreviated “wrap”) defined by claim 1; the material being in sheet form reads on the claimed term “wrap”.
Regarding claim 2, the rejection of claim 1 above reads on the wrap defined by claim 2 (wherein the extensible cellulosic substrate is an extensible paper substrate).
Regarding claims 4-8, the rejection of claim 1 above reads on each wrap defined by claims 4-8 – the Kraft paper MD stretchability of 7-9%, such as 8%, is within each claimed stretchability range (claim 4, at least 6%; claim 5, at least 7%; claim 6, in a range of 5% to 12%; claim 7, in a range of 6% to 11%; claim 8, in a range of 7% to 10%). See MPEP 2131.03(I) and (II).
Regarding claim 10, in view of the rejection of claim 1 above, Avitsland discloses that the barrier layer suitably includes, inter alia fillers and/or pigments [0099] (wherein the aqueous polyolefin dispersion barrier layer comprises a pigment).
Regarding claim 14, in view of the rejection of claim 1 above, Avitsland discloses that the barrier coating, after application and heating/drying, exhibits a coat weight of 1-20 g/m2, such as 3-14 g/m2 [0050-0056, 0082-0085, 0089], each of which are within the claimed range of at least 0.5 lb./3,000 ft.2, i.e. at least 0.81 g/m2 (MPEP 2131.03(I) and (II)).
Regarding claim 16, the rejection of claim 1 above reads on the wrap defined by claim 16 – that is, Avitsland discloses that the barrier layer is formed on at least one surface of the substrate, of which encompasses, and reasonably anticipates, both surfaces including the barrier layer formed thereon. The additional barrier layer formed on the side of the substrate opposite the initial barrier layer reads on the limitation of claim 16 (further comprising a coating, barrier or non-barrier, on the second major side of the extensible cellulosic substrate).
Claim Rejections - 35 USC § 103
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.
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Avitsland as applied to claim 1 under 35 U.S.C. 102(a)(1) above, further in view of Nordstrom et al. (US 2018/0327975; “Nordstrom”).
Regarding claim 3, in view of the rejection of claim 1 above, Avitsland does not explicitly disclose the extensible Kraft paper substrate exhibiting a caliper thickness of 3 points to 10 points, i.e. 76.2-254 µm (1 point = 0.001 inches), as claimed.
It is noted that Avitsland discloses that the paper exhibits a grammage of 50-130 g/m2, such as 70-110 g/m2 [0036, 0041].
Nordstrom is directed to a paper-based sheet material suitable for forming into bags (sacks), said material comprising an extensible Kraft paper substrate having a grammage of 60-120 g/m2, a cross direction (CD) stretchability of at least 5%, and MD stretchability of at least 3% [Abstract; 0001-0002, 0007-0013, 0025, 0031-0034]. Nordstrom teaches that the extensible Kraft paper, within the aforesaid grammage range, exhibits the strength necessary for hole-free bag formation, and helps maintain a relatively low cost of production in contrast to higher-grammage papers [0025], and teaches that the extensible Kraft paper typically exhibits a thickness of above 70 µm, e.g. 70-120 µm [0025-0026].
Avitsland and Nordstrom each constitute prior art which is directly analogous to the claimed invention – stretchable sheet materials comprising extensible cellulosic substrates (specifically, Kraft paper) having stretchability of at least 5%. In view of the combined teachings of the foregoing prior art, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the extensible Kraft paper substrate of Avitsland by forming said substrate – which exhibits a grammage of 50-130 g/m2 – to a thickness of about, or above, 70 µm, such as 70-120 µm, to ensure, impart, or increase the strength of the paper to thereby prevent holes from forming during bag formation and product-filling, while balancing or reducing production costs.
In accordance with the foregoing modification, the extensible Kraft paper substrate of Avitsland would have exhibited a thickness of at least 70 µm, such as 70-120 µm, within the grammage (i.e. basis weight) range of 50-130 g/m2. The aforesaid thickness of at least 70 µm encompasses, and thereby renders prima facie obvious the claimed caliper thickness range of 3 points to 10 points (76.2-254 70 µm); additionally/alternatively, the exemplary range of 70-120 µm overlaps with, and thereby renders prima facie obvious, said claimed range (encompasses lower bound, within upper bound of claimed range). See MPEP 2144.05(I). The barrier sheet material of Avitsland, as modified hereinabove, reads on the wrap defined by claim 3.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Avitsland as applied to claim 1 under 35 U.S.C. 102(a)(1) above, further in view of Berglund et al. (US 2025/0012015; “Berglund”).
Regarding claim 9, in view of the rejection of claim 1 above, Avitsland does not explicitly disclose the extensible Kraft paper substrate having a lignin content of at least 8% by weight, as claimed.
As stated above, Avitsland discloses that the barrier sheet material is suitable for forming sacks, such as those for storing powdering material, inter alia including cement and building materials, food, animal feed, pet food, chemicals, and fertilizers [0002, 0078, 0123].
Berglund is directed to a paper packaging material exhibiting improvements over existing extensible sack papers utilized to form sacks and bags for containing foodstuffs and cement, and as outer wrapping for pallets [Abstract; 0001, 0004, 0008, 0011-0019]. The paper packaging material exhibits MD extensibility of 8-15% and CD extensibility of 8-15% [0014-0015, 0059, 0075, 0085], a grammage of 50-90 g/m2 [0016, 0087], and is formed from Kraft pulp produced from coniferous wood [0015, 0017, 0019, 0061-0062, 0097]. Berglund teaches that the Kraft pulp (and paper packaging material resultant therefrom, on a dry weight basis) preferably contains a lignin content of from 4-12 wt.%, allowing for balance between formability and strength; to impart UV-light resistance to the paper packaging material; to prevent hole formation/tearing at corners/edges; and to increase the puncture resistance [0017, 0019, 0023-0024, 0061-0063, 0092, 0097-0098].
Berglund constitutes prior art which is directly analogous to the claimed invention – stretchable, paper-based barrier wrap comprising an extensible cellulosic substrate having stretchability of at least 5%. In view of the combined teachings of the foregoing prior art, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the extensible Kraft paper substrate of Avitsland by adjusting the lignin content of the Kraft pulp to within the range of 4-12 wt.%, in increase or otherwise alter the strength based on a predetermined use, to impart UV-light resistance thereto, to reduce the occurrence of tearing or holes during bag/package formation, and/or to increase the puncture resistance.
In accordance with the foregoing modification, the extensible Kraft paper substrate of Avitsland would have exhibited a lignin content of 4-12 wt.%. The aforesaid lignin content overlaps with, and thereby renders prima facie obvious the claimed lignin content range of at least 8% by weight (MPEP 2144.05(I)). The barrier sheet material of Avitsland, as modified hereinabove, reads on the wrap defined by claim 9.
Claims 11-13 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Avitsland as applied to claim 1 under 35 U.S.C. 102(a)(1) above, further in view of Huang et al. (US 2021/0394983; “Huang”).
Regarding claims 11-12, in view of the rejection of claim 1 above, Avitsland discloses that the barrier layer suitably includes, inter alia fillers and/or pigments [0099] (see rejection of claim 10 above). Avitsland is silent regarding said fillers and/or pigments comprising clay (claim 11) or calcium carbonate (claim 12).
Huang is directed to a flexible, paper-based packaging material exhibiting low water vapor transmission rate, water resistance, heat sealability, and increased degree of repulpability, said material suitable for use in forming bags, sleeves, envelopes, and other packages, including those intended for storing foodstuffs [Abstract; 0002, 0006-0007, 0020, 0028, 0041]. The material comprises a paper substrate having a basis weight of 30-200 g/m2, such as kraft paper [0016, 0025, 0038], a second coating layer formed on the paper substrate, and a first coating layer formed on the second, wherein each of the first and second coating layers are formed from an aqueous polyolefin dispersion, e.g. Dow Rhobarr™ 320 and include an inorganic filler [0009, 0011-0012, 0014-0015, 0017, 0026-0027, 0039].
Huang teaches that the aforesaid filler utilized in each layer is, inter alia kaolin (clay pigment) or calcium carbonate (calcium carbonate pigment) [0017, 0026; Table 1] – the inclusion of the inorganic filler in the coating layers significantly increases the repulpability of the material (i.e. facilitates removal of the coating layers from the paper substrate) [0041], and contributes – as recognized by one of ordinary skill in the art – to the low water vapor transmission rate of the material [Table 1]. In view of the aforecited disclosure/teachings of Huang, Applicant is respectfully directed to MPEP 2144.07, which indicates that the selection of a known material based on its suitability for its intended use has been held prima facie obvious.
Huang constitutes prior art which is directly analogous to the claimed invention – paper-based packaging material comprising a paper substrate, e.g. kraft paper, which is coated with an aqueous polyolefin dispersion. Given that Avitsland explicitly discloses that that barrier layer may include pigments/fillers, and in view of the combined teachings of the foregoing prior art and MPEP 2144.07, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the water vapor barrier layer of Avitsland by having utilized either kaolin or calcium carbonate as pigment/filler included in the aqueous polyolefin dispersion (i.e. coating composition), as kaolin and calcium carbonate would have been readily recognized as suitable pigments/fillers capable of imparting/maintaining [the] low water vapor transmission rate, and/or in order to increase the repulpability of the barrier sheet material.
In accordance with the foregoing modification, the water vapor barrier layer of the barrier sheet material of Avitsland would have included calcium carbonate or kaolin as filler/pigment additives, thereby reading on each wrap defined by claims 11-12 (claim 11, wherein the aqueous polyolefin dispersion barrier layer comprises a clay pigment; claim 12, wherein the aqueous polyolefin dispersion barrier layer comprises a calcium carbonate pigment).
Regarding claim 13, in view of the rejection of claim 1 above, the rejection of claims 11-12 above is incorporated herein by reference (not repeated) and reads on the wrap defined by claim 13. The barrier layer of the barrier sheet material of Avitsland, as modified, would have included, e.g. kaolin as the pigment/filler additive. That is, the filler/pigment would have consisted of kaolin, i.e. the filler/pigment would have been 100 wt.% kaolin, based on the total weight of filler/pigment present in the barrier layer, thereby reading on the wrap defined by claim 13 (wherein the aqueous polyolefin dispersion barrier layer comprises a clay pigment in an amount of at least 50 percent by weight of the total pigment weight).
Regarding claim 14, in view of the rejection of claim 1 above, the rejection of claims 11-12 above is incorporated herein by reference. Avitsland
Huang teaches that the second coating layer constitutes a pre-coating layer which is formed on the paper substrate, specifically, located between the paper substrate and the first coating layer [0014, 0025], wherein the first and second coating layers are suitably formed from the same composition/same aqueous polyolefin dispersion [0015, 0027].
In view of the combined teachings of the foregoing prior art, it would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the barrier sheet material of Avitsland by having coated the at least one surface of the extensible Kraft paper substrate (having the water vapor barrier layer thereon) with an additional water vapor barrier layer, i.e. formed from the same aqueous polyolefin dispersion, in order to impart heat sealability to the barrier sheet material, to increase the repulpability of the barrier sheet material, and/or to increase the water resistance or resistance to water vapor transmission of the barrier sheet material, as taught by Huang, and/or to achieve the requisite coat weight/average surface coverage disclosed by Avitsland [0050-0053]. Additionally, see MPEP 2144.04(VI)(B), MPEP 2144.07.
In accordance with the foregoing modification, the barrier sheet material of Avitsland would have comprised, inter alia the following layer sequence: extensible paper substrate/barrier coating/barrier coating, wherein each barrier coating would have been a water vapor barrier coating formed from the aqueous polyolefin dispersion, thereby reading on the wrap defined by claim 15 (further comprising a base coat between the aqueous polyolefin dispersion barrier layer and the first major side of the extensible cellulosic substrate).
Pertinent Prior Art
The following constitutes a list of prior art which are not relied upon herein, but are considered pertinent to the claimed invention and/or written description thereof. The prior art are purposely made of record hereinafter to facilitate compact/expedient prosecution, and consideration thereof is respectfully suggested.
US 2018/0202111 to Almkvist et al. – discloses a white sack paper (50-140 g/m2) comprising a pre-coating layer formed thereon, and a barrier layer coated on the pre-coating layer [Abstract; 0026, 0031-0032, 0050, 0082-0085; Table 3]
US 2025/0067000 to Lindstrom et al. – discloses a coated paper comprising a Kraft paper substrate having stretchability of at least 5%, a pre-coating layer comprising inorganic filler provided on a surface of the substrate, and a water vapor barrier coating layer comprising clay pigment formed on the pre-coating layer [Abstract; 0018-0023, 0047-0049, 0064-0068]
US 2021/0025114 to Mongrain et al. – discloses a heat-sealable paper-based material comprising a paper substrate, such as Kraft paper, having at least one primer coat and at least one topcoat, each formed from an aqueous (e.g. polyolefin) dispersion, disposed thereon [Abstract; 0057, 0063-0067, 0073-0076, 0081-0084, 0087, 0097]; the aqueous polyolefin dispersion of the topcoat is suitably, inter alia Rhobarr™ 320 [0124; Table 1]
US 2019/0126603 to Zerial – discloses a multi-layered laminated paper wrap comprising at least two extensible kraft papers [Abstract; 0002, 0004, 0047-0049, 0051, 0053, 0058-0060, 0062, 0064, 0075, 0095, 0112]
QuickFill® Brown Xcel, Brown Sack Kraft Paper Technical Data Sheet, Billerudkorsnäs, 01 January 2018, www.billerudkorsnas.com (copy provided herewith) – discloses highly porous sack kraft papers (70-120 g/m2) having MD and CD stretchability of at least 7.0%
Conclusion
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Michael C. Romanowski whose telephone number is (571)270-1387. The Examiner can normally be reached M-F, 09:30-17:30.
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, Aaron Austin can be reached at (571) 272-8935. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL C. ROMANOWSKI/Primary Examiner, Art Unit 1782
