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 with traverse of the invention of Group I claims 1-8 and 16-17.in the reply filed on 11-25-25 is acknowledged. The traversal is on the ground(s) that the invention are not independent or distinct. This is not found persuasive because the inventions are properly distinct as set forth in the restriction requirement, including classification differences and distinct fields of search.
The requirement is still deemed proper and is therefore made FINAL.
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) 1-8, 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over EP3459990A1 see abstract, paragraphs [0003], [0007], [0011-0021], and claims 1, 12 and 13 in view of USP10059087B2 col. 9 lines 49-59; col. 14 lines 2-30, col. 42 line 20, and claims 1, 12 and 25.
With regard to claim 1, which is directed to:
a solvent-based composition for preparing an oxygen barrier coating, comprising
a) a binder polymer containing polar functional groups that are capable of interacting with an acidic group;
b) an acid containing at least two reactive acidic groups; and
c) an organic solvent.
EP3459990A1 discloses a solvent-based composition for preparing an oxygen barrier coating comprising a binder polymer containing polar functional groups and an organic solvent. See abstract, and paragraphs [0011]-[0014] and [0020]. Specifically the reference teaches coating compositions comprising polymeric components which function as binders such as polyvinyl alcohol or PVA and ethylene vinyl alcohol or EVOH which contain hydroxyl functional groups dispersed or dissolved in a solvent and used for forming oxygen barrier coatings. See paragraphs [0003], [0011]-[0013], [0023], [0026] and [0018]-[0020]. Thus, the reference teaches the limitation of claim 1 relating to a solvent-based oxygen barrier coting composition comprising a binder polymer having polar functional groups and a solvent. The reference does not explicitly disclose an acid containing at least two reactive acidic groups as recited in claim 1.
USP10059087B2 discloses coating compositions comprising polymeric binders containing polar functional groups in combination with acidic components having multiple acidic functional groups, including carboxylic acid groups, for use in polymer-based coating compositions. The secondary reference further teaches that acidic components containing two or more carboxyl groups may be employed with polymeric binders having polar functional groups in coating compositions. Note particularly in col. 42 lines 19-21 that the reference states that “it is also acceptable to use a known interlayer or oxygen barrier layer together with the thermoplastic resin layer”, which shows compatibility of polymeric resin layers with oxygen barrier systems.
Thus, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the solvent-based oxygen barrier coating composition of EP3459990A1 to include an acid containing at least two reactive acidic groups as taught by USP10059087B2 in order to obtain a coating composition including both a binder polymer having polar function groups and an acid having at least two reactive acidic groups. One of ordinary skill would have been motivated to employ the teachings of USP10059087B2 in the composition of EP3459990A1 since both references are directed to polymer-based coating compositions and USP10059087B2 teaches the inclusion of an acid containing at least two reactive acidic groups in a polymer-based coating composition. See USP1059087B2 See col. 9 lines 49-59; col. 14 lines 2-30 and claim 25. Note in col. 42 line 20, the reference states that it is also acceptable to use a known interlayer or oxygen barrier layer together with the thermoplastic resin layer.
With regard to claim 2, wherein said polar functional groups are selected from the group consisting of hydroxy, amino, thiol, amide, carbonyl, ester, and acetal groups, in addition to the discussion in claim 1, note that EP3459990A1 discloses binder polymers including polyvinyl alcohol and ethylene vinyl alcohol copolymers which contain hydroxyl functional groups which fall within the recited group. See paragraphs, [0003], [0021] and claim 1.
With regard to claim 3, wherein each monomer unit of the binder polymer comprises at least one of said polar functional groups, in addition to the discussion in claim 1, note that EP3459990A1 discloses binder polymers such as polyvinyl alcohol and ethylene vinyl alcohol compounds in which repeating monomer units include hydroxyl functional groups. See paragraphs [0003], [0007] and [0018]-[0020].
With regard to claim 4, wherein said binder polymer is selected from the group consisting of polyvinyl pyrrolidone, nitrocellulose and polyvinyl butyral, in addition to the discussion in claim 1, note that EP3459990A1 discloses polymeric materials used as binders and polymer materials containing polar functional groups suitable for use as binder polymers in solvent based oxygen barrier coatings. See paragraphs [0003], [0007] and [0011]-[0014] and claims 1 and 12.
With regard to claim 5, wherein said acid is an organic acid containing at least two reactive carboxyl groups, in addition to the discussion in claim 1, note that USP1059087B2 discloses acidic components having two or more carboxyl groups for use in polymer-based coating compositions. See col. 9 lines 49-59, cols. 13 lines 55-56 and col. 14 lines 22-30; col. 14 lines 2-30 and claim 25.
With regard to claim 6, wherein said acid is an organic acid selected from the group consisting of oxalic acid, malonic acid, succinic acid, glutaric acid, adipic acid, tartaric acid, citric acid, boric acid, malic acid, polyacrylic acid and isocitric acid, in addition to the discussion in claim 1, note that USP1059087B2 discloses the use of multifunctional organic acids including dicarboxylic acids and polymeric acids suitable for use in polymer-based coating compositions. See col. 9 lines 49-59; col. 14 lines 2-30 and claim 25.
With regard to claim 7, wherein said organic solvent is a polar organic solvent in addition to the discussion in claim 1, note that USP1059087B2 discloses organic solvents suitable for use in polymer-based coating compositions. See col. 9 lines 49-59.
With regard to claim 8, wherein said polar organic solvent is an alcohol or a combination of alcohol and ester, in addition to the discussion in claim 1, note that EP3459990A1 discloses applying solvent-based polymeric coating compositions including compositions employing organic solvents to form oxygen barrier coatings. See paragraphs [0011]-[0014] and [0020].
Note claims 9-15 have been withdrawn.
With regard to claim 16, wherein each monomer unit of the binder polymer comprises at least one of said polar functional groups, note that EP3459990A1 discloses applying a solvent based polymeric coating composition comprising polymers such as PVA and EVOH in which repeating monomer units include hydroxyl functional groups. See paragraphs [0011]-[0014] and [0020]. USP1059087B2 teaches polymer based coating compositions that include acidic components having at least two reactive acidic groups. See col. 9 lines 49-59, cols. 13 lines 55-56 and col. 14 lines 22-30; col. 14 lines 2-30 and claim 25. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the composition of EP3459990A1 to include the acidic component taught by USP1059087B2 in the coating composition, since both references are directed to polymer based coating systems.
With regard to claim 17, wherein said binder polymer is selected from the group consisting of polyvinyl pyrrolidone, nitrocellulose and polyvinyl butyral, EP3459990A1 discloses applying and processing polymer based coating compositions on substrates using polymeric materials containing polar functional groups suitable for use as binders. See paragraphs [0003] and [0018]-[0020]. Accordingly, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to select binder polymers having polar functional groups as recited in claim 17 when carrying out the composition as modified in view of USP1059087B2 since such binder selection represents routine processing of polymer based coating compositions.
In conclusion, in view of the above, there is no significant difference or patentable distinction between the reference(s) and that which is claimed by applicant(s). Any differences not specifically mentioned appear to be conventional. Consequently, the claimed invention cannot be deemed as unobvious and accordingly is unpatentable.
Information Disclosure Statement
Note that any future and/or present information disclosure statements must comply with 37 CFR § 1.98(b), which requires a list of the publications to include: the author (if any), title, relevant pages of the publication, date and place of publication to be submitted for consideration by the Office.
Improper Claim Dependency
Prior to allowance, any dependent claims should be rechecked for proper dependency if independent claims are cancelled.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERRESSA M BOYKIN whose telephone number is (571)272-1069. The examiner can normally be reached M-F 7-5:30.
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, Heidi Kelley can be reached at 571 270-1831. 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.
/Terressa Boykin/ Primary Examiner, Art Unit 1765