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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on July 21, 2026 has been entered.
Status of Claims
Claims 1-4 and 7-8 are examined.
Response to Amendment
The amendment overcomes the previous 35 U.S.C. 103 rejections; therefore the rejections are withdrawn. However, see updated 35 U.S.C. 103 rejection over Mishiro in view Leiss and Sakamoto.
Claim Interpretation
The limitation “phr” has been interpreted as “parts per hundred resin”, absent a specific definition.
The limitation “a random propylene polymer” in the fifth to last line is interpreted as any propylene polymer.
The limitation “a linear low density ethylene polymer” in the last line is interpreted in line with the instant specification in ¶ [0042] as “specifically, a melt flow index of the linear low density ethylene polymer ranges from 2 to 5, and preferably from 2 to 4”.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-4 and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mishiro (JP 2002137231 A) in view Leiss (US 5622760) and Sakamoto (WO 2014061403 A1).
Regarding claim 1, Mishiro discloses a method for manufacturing a release protection film (¶ [0022] – method for producing release film), comprising:
preparing a resin material (¶ [0022] – a composition containing 3-methyl-1-butene polymer and 4-methyl-1-pentene polymer), wherein the resin material includes a polyolefin material (¶ [0022] – 3-methyl-1-butene polymer and 4-methyl-1-pentene polymer);
subjecting the resin material to an extrusion process (¶ [0022] – composition is melt-extruded from extruder 1) and a stretching process (¶ [0022] – film is then passed through stretching rolls 4, 4’, whereby it is uniaxially stretched), so as to form a resin membrane (¶ [0022] – a film uniaxially stretched film); and
forming an embossed pattern (¶ [0022] – a surface roughening treatment using an embossing roll) having a depth of from 1 µm to 5 µm onto the resin membrane (¶ [0025] – average surface roughness in range of 0.1 to 20 µm; ¶ [0040] – average roughness was 2.5 µm) by an embossing roller (¶ [0022] – feed to an embossing roll 6), so as to form the release protection film (¶ [0025] – release film produced).
Mishiro does not disclose wherein, based on a total weight of the polyolefin material being 100 wt%, the polyolefin material includes 50 wt% to 70 wt% of a propylene polymer, 10 wt% to 30 wt% of an ethylene polymer, and 10 wt% to 25 wt% of an ethylene vinyl acetate copolymer; and wherein the propylene polymer is a random propylene polymer having a melting point from 140°C to 150°C and a melt flow index from 2 to 5, and the ethylene polymer is a linear low density ethylene polymer having a melt flow index from 2 to 5.
Leiss discloses wherein, based on a total weight of the polyolefin material being 100 wt% (c. 2, L 15-17; c. 3, L 4-9 – parts by weight; total of 160 parts), the polyolefin material includes 50 wt% to 70 wt% of a propylene polymer (c. 2, L 15-17 – 100 parts by weight of the propylene homopolymer; therefore is 62.5% wt%), 10 wt% to 30 wt% of an ethylene polymer (c. 2, L 15-17 – 20 parts by weight of the ethylene homopolymer; therefore is 12.5 wt%), and 10 wt% to 25 wt% of an ethylene copolymer (c. 3, L 4-9 – 40 parts by weight of ethylene-propylene copolymer; therefore is 25 wt%); and wherein the propylene polymer is a random propylene polymer having a melt flow index from 2 to 5 (c. 2, L 6-8 – melt flow index of 0.8 to 3.0 g/10 minutes), and the ethylene polymer is a linear low density ethylene polymer (c. 2, L 34-35 – low-density ethylene homopolymer with linear structure) having a melt flow index from 2 to 5 (c. 2, L 6-8 – melt flow index of 0.8 to 3.0 g/10 minutes).
Mishiro and Leiss disclose methods with the same or similar components performing the same or similar function in regard to forming a release film/plastic sheeting. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the wt% of the propylene polymer, ethylene polymer, and ethylene copolymer in Leiss to the polyolefin material in Mishiro to improve the sheeting so as to increase the surface tension of the upper sheet, improve its impact resistance, and prevent white break as much as possible (c. 1, L 65-c. 2, L 1-2).
Furthermore, since the claimed range overlaps or lies inside ranges disclosed by the prior art, a prima facie case of obviousness exists. See ¶ MPEP 2144.05(I).
Leiss discloses a homopolymer of propylene having a melting point of about 154 ° to 168 ° C), but does not explicitly disclose having a melting point from 140°C to 150°C.
However, a prima facie case of obviousness exists where the claimed ranges and prior art ranges do not overlap but are close enough that one skilled in the art would have expected them to have the same properties. See MPEP § 2144.05(I). Therefore, as Leiss discloses the homopolymer to have a heat flow index within the claimed range and has a melting point close to the claimed range, one or ordinary skill in the art before the effective filing date of the claimed invention would have expected the melting point of the homopolymer of propylene in Leiss to be similar and have the same properties as the claimed propylene polymer with the claimed melting point range.
Modified Mishiro does not disclose a petroleum resin; wherein, based on a total weight of the polyolefin material being 100 phr, an amount of the petroleum resin ranges from 5 phr to 20 phr, and an ethylene vinyl acetate copolymer.
Sakamoto discloses a laminate film, which has a configuration in which a layer containing a polypropylene resin and/or a polyethylene resin as a main component (pg. 1, 1st full ¶ after “Description”). B layer mainly is composed of a polypropylene-based resin (pg. 4, 2nd full ¶).
Sakamoto further discloses wherein, based on a total weight of the polyolefin material being 100 phr (pg. 27, 1st full ¶ - when the total of all components of layer B is 100% by mass), an amount of the petroleum resin ranges from 5 phr to 20 phr (pg. 4, 2nd full ¶ - B layer further contains a petroleum resin; pg. 27, 1st full ¶ - layer B preferably contains petroleum resin in an amount of 0.1% by mass or more and 15% by mass or less, particularly preferably 5% by mass or more and 10% by mass or less), and an ethylene vinyl acetate copolymer ((pg. 35, last full ¶ - resins preferably used include ethylene-vinyl acetate copolymer resin copolymers).
Mishiro and Sakamoto disclose methods with the same or similar components performing the same or similar function in regard to forming a release film. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the layer B composed of polypropylene-based resin comprising ethylene-vinyl acetate and petroleum film in Sakamoto to the resin release film and ethylene-propylene copolymer in modified Mishiro to form a laminate film having excellent formability, releasability, processability, water vapor barrier properties, and heat sealability (pg. 1, 1st full ¶ after “Description”) and increase the interlayer adhesion between layers A and B (pg. 25, last full ¶).
Regarding claim 2, modified Mishiro discloses the method according to claim 1.
Mishiro further discloses wherein the release protection film is manufactured in a continuous process (¶ [0022] – composition is melt extruded, resulting far film is cooled, heated again by first heated rolls 3, 3’, passed through stretching rolls 4, 4’, the uniaxially stretched film is heated again by second heating roll 5, then fed to embossing roll 6; FIG. 1 depicts the process is continuous to form release sheet 16), and the release protection film is integrally formed (¶ [0025] – release film produced).
Regarding claim 3, modified Mishiro discloses the method according to claim 1.
Mishiro does not disclose wherein the petroleum resin is a hydrogenated petroleum resin.
Sakamoto discloses wherein the petroleum resin is a hydrogenated petroleum resin (pg. 26, 1st full ¶ - petroleum resin refers to a resin produced by polymerization, resins obtained by hydrogenating).
Mishiro and Sakamoto disclose methods with the same or similar components performing the same or similar function in regard to forming a release film. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the petroleum film formed by hydrogenating in Sakamoto to the resin release film in modified Mishiro to form a laminate film having excellent formability, releasability, processability, water vapor barrier properties, and heat sealability (pg. 1, 1st full ¶ after “Description”) and increase the interlayer adhesion between layers A and B (pg. 25, last full ¶)
Regarding claim 4, Mishiro discloses the method according to claim 3.
Modified Mishiro further wherein the petroleum resin is a hydrogenated petroleum resin polymerized from a monomer having a carbon number of 5 or a hydrogenated petroleum resin polymerized from a monomer having a carbon number of 9 (Sakamoto pg. 26, 1st full ¶ - petroleum resin refers to a resin produced by polymerization of a portion of the byproduct oil from naphtha cracking used in the petrochemical industry (such as a C5 (carbon number 5) fraction or a C9 (carbon number 9) fraction), resins obtained by hydrogenating).
Mishiro and Sakamoto disclose methods with the same or similar components performing the same or similar function in regard to forming a release film. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have applied the petroleum film formed by hydrogenating polymerized C5 (carbon number 5) fraction or a C9 (carbon number 9) fraction in Sakamoto to the resin release film in modified Mishiro to form a laminate film having excellent formability, releasability, processability, water vapor barrier properties, and heat sealability (pg. 1, 1st full ¶ after “Description”) and increase the interlayer adhesion between layers A and B (pg. 25, last full ¶).
Regarding claim 7, modified Mishiro discloses the method according to claim 1.
Mishiro further discloses wherein a stretch ratio of the resin material in the stretching process ranges from 3.5 to 4.5 (¶ d[0022] – stretch ratio of 1 to 8 times, preferably 3 to 6 times; film has increased rigidity; In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See MPEP § 2144.05). Therefore, as the range of stretch ratio of 3-6 times and encompasses the claimed range of 3.5-4.5, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to optimize the stretch ratio through routine experimentation to have increased rigidity (¶ [0022]).
Regarding claim 8, modified Mishiro discloses the method according to claim 1. Mishiro further discloses wherein the depth of the embossed pattern formed on the resin membrane ranges from 1 µm to 3 µm (¶ [0025] – average surface roughness in range of 0.1 to 20 µm; ¶ [0040] – average roughness was 2.5 µm).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN B WOO whose telephone number is (571)272-5191. The examiner can normally be reached M-F 8:30 am - 5:00 pm ET.
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/JONATHAN B WOO/Examiner, Art Unit 1754
/SEYED MASOUD MALEKZADEH/Primary Examiner, Art Unit 1754
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