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 .
Response to Amendment
The Examiner acknowledges the remarks and amendments filed on 1/13/26. Claims 1-20 are pending rejection.
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.
Claim(s) 1-8, 14-18, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schell USPA_20220194681_A1 in view of Berbert USPA_20220001654_A1.
1. Regarding Claims 1-8, 14-18, and 20, Schell discloses a packaging film (Title) that can comprise a first outer layer (corresponds to claimed first outer layer) comprising a polyamide, followed by a compatibilizer layer (corresponds to claimed third layer of instant Claims 1, 8) comprising a polypropylene copolymer or blends thereof (paragraphs 0128, 0129), with a first tie layer (corresponds to claimed first tie resin layer of instant Claim 4) in between said first outer layer (corresponds to claimed first outer layer) and compatibilizer layer (corresponds to claimed third layer), followed by a second outer layer (corresponds to claimed second layer of instant Claim 5) comprising polyamide, with a second tie layer (corresponds to claimed second tie resin layer) between the compatibilizer layer (corresponds to claimed third layer) and second outer layer (corresponds to claimed second layer); wherein the entire film with all of its individual layers are oriented (paragraphs 0126-0133). Schnell further discloses a barrier layer (corresponds to claimed barrier layer) that can be made of EVOH (corresponds to instant Claim 3) and located in close proximity to said compatibilizer layer (corresponds to claimed third layer) (paragraph 0072); thereby fulfilling instant Claims 2 and 6 limitations of the positioning of the claimed barrier layer. Schnell also discloses that said compatibilizer layer (corresponds to claimed third layer) can comprise polyamide (paragraph 0042) as is being claimed in instant Claim 7. Schnell discloses orienting its film monoaxially or biaxially (paragraphs 0055, 0056) as is being claimed in instant Claims 14 and 15. Schnell discloses using coextrusion methods to make said film (paragraphs 0030, 0044) as is being claimed in instant Claims 16, 17, and 18. Schnell discloses recycling its film in a polypropylene stream (paragraph 0001), as is being claimed in instant Claim 20.
2. However, Schnell does not disclose the use of polyethylene in its compatibilizer layer (corresponds to claimed third layer).
3. Berbert discloses a high-performance packaging film that is recyclable (paragraph 0001) that has heat resistance (paragraph 0002) useable in retort applications (paragraph 0080); all of which are desired in the primary reference, of Schnell (see paragraphs 0040 and Abstract). Berbert further discloses that said recyclable packaging film can comprise an outer film (element 20 in Figure 1) and a sealant (element 30 in Figure 1), and a compatibilizer layer there-between (element 40 in Figure 1) (paragraph 0027). Furthermore, Berbert discloses that said outer film can be made of polyamide (Abstract) while said compatibilizer layer can be made of polyethylene (paragraph 0049) that allow for increased stability, increased miscibility, and avoids visual or mechanical property quality issues (paragraph 0047)..
4. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the polypropylene copolymer/blend compatibilizer layer (corresponds to claimed third layer), of Schnell, by trying the use of polyethylene compatibilizer, as disclosed by Berbert. One of ordinary skill in the art would have been motivated in doing so in order to obtain increased stability, increased miscibility, and avoid visual or mechanical property quality issues.
Claim(s) 9-13 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Schell USPA_20220194681_A1 in view of Berbert USPA_20220001654_A1, as applied to Claims 1-8, 14-18, and 20, and in view of Hernandez WO_9836903_A1.
5. Regarding Claims 9-13 and 19, Schell in view of Berbert does not disclose the volume limitations.
6. Hernandez discloses an oriented (Claim 12) packaging film (Title) comprising a first layer comprising a polyamide, a third layer (corresponds to claimed second layer) comprising polyamide, and a second layer (corresponds to claimed third layer) therebetween comprising a polyolefin (Claim 1); as is being claimed in instant Claim 1. Hernandez also discloses using barrier layers between said first and second layers (Page 24, Lines 16-21) made from EVOH (Page 8, Lines 24-30), as is being claimed in instant Claims 2 and 3 & 6, respectively. Hernandez also discloses use of tie layers (Page 9, Lines 15-16) in between said layers (Page 17, Lines 21-24), as is being claimed in instant Claims 4 and 5. Hernandez also does not mandate using polyamide in an amount exceeding 50% of the volume of its film (Claim 21 and Examples) as being claimed in instant Claims 9, 10, 12, and 19. While polyolefin can be in amount of 60% (Claim 18) as is being claimed in instant Claim 11. Hernandez also discloses a method of coextruding all of its layers (Page 9, Lines 11-16) as is being claimed in instant Claims 16-18. Hernandez discloses that its packaging film is especially for films that need to prevent exposure to light for light-sensitive applications (Page 25, Lines 11-15).
7. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the volume of the layers, of Schell in view of Berbert, by using the discloses volumes, of Hernandez. One of ordinary skill in the art would have been motivated in doing so in order to obtain especially useful packaging films for light-sensitive applications such as those needed in the invention of Schell (paragraph 0088).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/TAHSEEN KHAN/Primary Examiner, Art Unit 1781 April 2, 2026
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