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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-7, in the reply filed on 11/24/2026 is acknowledged.
Claims 8-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 § 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.
Claims 1-7 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 1 recites the limitation " a paperboard …the first surface" in line 7. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation " a paper substrate …the first surface" in line 9. There is insufficient antecedent basis for this limitation in the claim.
In this connection, it appears that applicant may have intended to recite in claim 1 that “(b) a paperboard substrate having a first substrate surface and a second substrate surface, and the contact adhesive is applied on the first substrate surface; …(c) a paper substrate having a first substrate surface and a second substrate surface, and the contact adhesive is applied on the second substrate surface…”. Such interpretation is applied by the examiner for purpose of examination. Claims 2-7 are rejected due to their dependency of claim 1.
Appropriate correction and clarification are required.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Krampe et al. (US 6,099,682; “Krampe”) in view of Cheung (US 2021/0009869).
Regarding claim 1, Krampe teaches a blister pack (10, col. 1, lines 63-67, col. 2, lines1-11, see Fig. 3 below, col. 12, lines 4-21) comprising:
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- (a) a contact adhesive (contact adhesive 16, col. 12, lines 4-21),
- (b) a paperboard substrate (the substrate 18, of which suitable material for substrate includes paperboard, paper, composite laminate, col. 7, lines 58-60) having a first substrate surface and a second substrate surface, and the contact adhesive is applied on the first surface (see Fig. 3, col. 12, lines 4-21, the contact adhesive 16 is applied on the first/lower surface of substrate 18, meeting the claimed limitations; See 35 U.S.C. 112(b) rejection of claim 1 made of record in this Office Action);
- (c)a paper substrate (the substrate 12, of which the suitable material for substrate includes paper, col. 7, lines 58-60, col. 15, lines 55-60) having a first substrate surface and a second substrate surface, and the contact adhesive is applied on the second surface (see Fig. 3, col. 12, lines 4-21, the contact adhesive 16 is applied on the second/upper surface of substrate 12, meeting the claimed limitations; See 35 U.S.C. 112(b) rejection of claim 1 made of record in this Office Action); and
- (d) an article (article 50, Fig. 3, col. 12, lines 4-6); wherein the article (50) is sandwiched and adhered in between the applied contact adhesive of the first surface of the paperboard substrate and the applied contact adhesive of the second surface of the paper substrate (Fig. 3, col. 12, lines 4-6, the article (50) is sandwiched and adhered in between, in the blister pack).
Krampe teaches its blister pack with the inclusion of contact adhesive (contact adhesive 16, col. 12, lines 4-21). But Krampe does not specifically teach a contact adhesive having the specific composition as instantly claimed.
Cheung teaches a contact adhesive that provides high initial cohesive strength that maintains high strength over an extended period of time and various temperature conditions, making them suitable as pre-applied adhesive that eliminates release liners and reactivation (para [0001]). Cheung teaches its contact adhesive comprises (para [0001] [0008]) (i) a metallocene-catalyzed olefin block copolymer; (ii) a mixture of polyethylene wax and Fischer-Tropsch wax, having a penetration hardness value of less than about 5 dmm at 25°C, measured in accordance with ASTM D3954; (iii) a plasticizer; and (iv) a tackifier, which contact adhesive meets the claimed material limitations of the instantly claimed contact adhesive of instant claim 1. Cheung teaches its contact adhesive is suitable for applying on to various substrate such as paperboard, paper, Kraft board, and corrugated board (para [0056]).
It would have been obvious to one of ordinary skill in the art to modify the blister pack of Krampe in view the teachings of Cheung, to select and include the suitable contact adhesive for its blister pack, such as the contact adhesive taught by Cheung (i.e., that comprises (i) a metallocene-catalyzed olefin block copolymer; (ii) a mixture of polyethylene wax and Fischer-Tropsch wax, having a penetration hardness value of less than about 5 dmm at 25°C, measured in accordance with ASTM D3954; (iii) a plasticizer; and (iv) a tackifier; para [0001] [0008] of Cheung), to provide an improved blister pack with high initial cohesive strength that maintains high strength over an extended period of time and various temperature conditions and that eliminates the use of release liners as taught by Cheung (para [0001] [0008] of Cheung), which would have predictably arrived at a satisfactory blister pack that is the same as instantly claimed. The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. See MPEP 2144.05.
Regarding claim 2, modified Krampe teaches a blister pack having the contact adhesive (as taught by Cheung). Cheung teaches its contact adhesive is essentially free from polypropylene based polymer and/or wax (para [0008]), meeting the claimed limitations.
It would have been obvious to one of ordinary skill in the art to modify the blister pack of Krampe in view the teachings of Cheung, to select and include the suitable contact adhesive for its blister pack, such as the contact adhesive taught by Cheung (i.e., as discussed above that meets the claimed material limitations of the instantly claimed contact adhesive), to provide an improved blister pack with high initial cohesive strength that maintains high strength over an extended period of time and various temperature conditions and that eliminates the use of release liners as taught by Cheung (para [0001] [0008] of Cheung). The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. See MPEP 2144.05.
Regarding claim 3, modified Krampe teaches a blister pack having the contact adhesive (as taught by Cheung). Cheung teaches in its contact adhesive, the metallocene-catalyzed olefin block copolymer which is an ethylene-octene block copolymer (para [0065]), meeting the claimed limitations.
It would have been obvious to one of ordinary skill in the art to modify the blister pack of Krampe in view the teachings of Cheung, to select and include the suitable contact adhesive for its blister pack, such as the contact adhesive taught by Cheung (i.e., as discussed above that meets the claimed material limitations of the instantly claimed contact adhesive), to provide an improved blister pack with high initial cohesive strength that maintains high strength over an extended period of time and various temperature conditions and that eliminates the use of release liners as taught by Cheung (para [0001] [0008] of Cheung). The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. See MPEP 2144.05.
Regarding claim 4, modified Krampe teaches a blister pack having the contact adhesive (as taught by Cheung). Cheung teaches in its contact adhesive, the polyethylene wax and/or Fischer-Tropsch wax have a hardness value of less than or equal to about 3 dmm at 25°C, measured in accordance with ASTM D1321 (para [0041]), meeting the claimed limitations.
It would have been obvious to one of ordinary skill in the art to modify the blister pack of Krampe in view the teachings of Cheung, to select and include the suitable contact adhesive for its blister pack, such as the contact adhesive taught by Cheung (i.e., as discussed above that meets the claimed material limitations of the instantly claimed contact adhesive), to provide an improved blister pack with high initial cohesive strength that maintains high strength over an extended period of time and various temperature conditions and that eliminates the use of release liners as taught by Cheung (para [0001] [0008] of Cheung). The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. See MPEP 2144.05.
Regarding claim 5, modified Krampe teaches a blister pack having the contact adhesive (as taught by Cheung). Cheung teaches its contact adhesive further includes suitable additives, including antioxidant, fillers (para [0046], meeting the claimed limitations.
It would have been obvious to one of ordinary skill in the art to modify the blister pack of Krampe in view the teachings of Cheung, to select and include the suitable contact adhesive for its blister pack, such as the contact adhesive taught by Cheung (i.e., as discussed above that meets the claimed material limitations of the instantly claimed contact adhesive), to provide an improved blister pack with high initial cohesive strength that maintains high strength over an extended period of time and various temperature conditions and that eliminates the use of release liners as taught by Cheung (para [0001] [0008] of Cheung). The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. See MPEP 2144.05.
Regarding claim 6, Krampe teaches in its blister pack, the substrate is of suitable paper material (col. 7, lines 58-60). But Krampe does not specifically teach the inclusion of a paperboard substrate that is selected from the specific group as instantly claimed.
Cheung teaches a contact adhesive that provides high initial cohesive strength that maintains high strength over an extended period of time and various temperature conditions, making them suitable as pre-applied adhesive that eliminates release liners and reactivation (para [0001]). Cheung teaches its contact adhesive is suitable for applying on to various paperboard substrate such as Kraft board, and corrugated board (para [0056]), meeting the claimed material limitations of the instantly claimed paperboard of instant claim 6.
It would have been obvious to one of ordinary skill in the art to modify the modified blister pack of Krampe in view the teachings of Cheung, to select and include the suitable paperboard substrate for its blister pack, such as those taught by Cheung including Kraft board and/or corrugated board (i.e., as discussed above that meets the claimed material limitations), because Cheung teaches its contact adhesive is suitable for applying on to various paperboard substrate such as Kraft board, corrugated board (para [0056]), which would have predictably arrived at a satisfactory blister pack that is the same as instantly claimed. The selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination. See MPEP 2144.05.
Regarding claim 7, Krampe does not specifically teach the thickness of the paper substrate as instantly claimed. Krampe teaches its blister pack includes the suitable paper substrate (col. 7, lines 58-60) and Krampe teaches the thickness of the substrate is a result effective variable in that the substrate can be of a sheet or in other forms/thickness depending on the intended application of the pack (col. 7, lines 29-35).
Absent a showing of criticality with respect to thickness of the paper substrate (a result effective variable), it would have been obvious to a person of ordinary skill in the art to adjust the thickness through routine experimentation in order to achieve the desired properties (weight, toughness, and/or flexibility, etc.) of the blister pack once produced, which would have arrived at a workable thickness of the paper substrate that falls within the broad range as instantly claimed, i.e., a thickness of about of about 0.008" (8 point) to about 0.024" (24 point). It has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). MPEP 2144.05.
Conclusion
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/YAN LAN/Primary Examiner, Art Unit 1782