DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
2. This action replaces the action mailed on 8/26/2026.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 11/28/2023 was filed timely. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
4. Applicant’s election without traverse of Group 1, claims 1-9 in the reply filed on 5/20/2026 is acknowledged. The anti-theft label of claims 13-15 and 18-20 are distinct and different from the elected film and therefore is a separate invention. Claims 10-20 are withdrawn.
Claim Rejections - 35 USC § 112
5. 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.
6. Regarding claims 5-8, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claim Rejections - 35 USC § 103
7. 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.
8. 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.
9. Claims 1-2 are rejected under 35 U.S.C. 103 as being unpatentable over (JP 2011255612 A) to Taiichi et al. (hereinafter Taiichi).
Taiichi is directed toward recycled PS film sheets. Taiichi discloses that the PS sheet may have a thickness of 0.2 to 3.0 mm, which overlaps and reads on Applicants range of 0.20 mm to 0.45 mm. at Example 4-1 a recycled polystyrene sheet having a 30% recycled and 70% virgin PS content, which reads on Applicants range of less than or equal to 100% recycled content. One skilled in the art would find it obvious to select the PS recycled film that forms a prime facie case of obviousness for claims 1-2.
10. Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over (JP 2011255612 A) to Taiichi et al. (hereinafter Taiichi) in view of the teachings of (CN 1198172 A) to Nonnemacher (hereinafter Nonnemacher).
Taiichi is directed toward recycled PS film sheets. Taiichi discloses that the PS sheet may have a thickness of 0.2 to 3.0 mm, which overlaps and reads on Applicants range of 0.20 mm to 0.45 mm. at Example 4-1 a recycled polystyrene sheet having a 30% recycled and 70% virgin PS content, which reads on Applicants range of less than or equal to 100% recycled content.
Nonnemacher is directed toward recycled polystyrene films. Taiichi and Nonnemacher are both directed toward recycled PS film sheets and therefore are analogous art. Nonnemacher teaches such as adding to the film such as high impact polystyrene (HIPS) make it necessary with decorative haze or semi-transparency. preferably HIPS as increasing agent is STYRON 404, meaning it provides a decorative aspect and strength, which would motivate one to include HIPS. Nonnemacher teaches in the Abstract that “the film of the invention may contain up to 100 % of post-consumer recycled polystyrene”. Nonnemacher discloses that the “control film containing 95 (weight) % of universal polystyrene (STYRON 665) and 5 % (weight) high impact polystyrene (STYRON 404)”, which is a styrene that is modified with a butadiene block copolymer, which reads on the modification material.
It would be obvious to one skilled in the art at the time of the filing of the disclosure of Taiichi in view of the teachings of Nonnemacher to select each and every element of claims to form a prime facie case of obviousness for claims 1-4.
13. Claims 1-9 are rejected under 35 U.S.C. 103 as being unpatentable over (JP 2011255612 A) to Taiichi et al. (hereinafter Taiichi) in view of the teachings of (CN 1198172 A) to Nonnemacher (hereinafter Nonnemacher) in view of the teachings of (US 2021/0130609 A1) to Kuriyama et al. (hereinafter Kuriyama).
Taiichi is directed toward recycled PS film sheets. Taiichi discloses that the PS sheet may have a thickness of 0.2 to 3.0 mm, which overlaps and reads on Applicants range of 0.20 mm to 0.45 mm. at Example 4-1 a recycled polystyrene sheet having a 30% recycled and 70% virgin PS content, which reads on Applicants range of less than or equal to 100% recycled content. Nonnemacher teaches the film, but is silent regarding the use of a montmorillonite filler or HIPS.
Nonnemacher is directed toward recycled polystyrene films. Taiichi and Nonnemacher are both directed toward recycled PS film sheets and therefore are analogous art. Nonnemacher teaches such as adding to the film such as high impact polystyrene (HIPS) make it necessary with decorative haze or semi-transparency. preferably HIPS as increasing agent is STYRON 404, meaning it provides a decorative aspect and strength, which would motivate one to include HIPS. Nonnemacher teaches in the Abstract that “the film of the invention may contain up to 100 % of post-consumer recycled polystyrene”. Nonnemacher discloses that the “control film containing 95 (weight) % of universal polystyrene (STYRON 665) and 5 % (weight) high impact polystyrene (STYRON 404)”, which is a styrene that is modified with a butadiene block copolymer, which reads on the modification material.
Kuriyama is directed toward PS films. Taiichi and Kuriyama are both directed toward PS films and therefore are analogous art. Kuriyama teaches at paragraph [0114] that the film has an inorganic filler to increase rigidity, which would motivate one skilled in the art to add the filler. Kuriyama teaches at paragraph [0120] that the film has a montmorillonite filler as an inorganic filler. Kuriyama teaches at paragraph [0114] that the film has an SBS impact modifier and SBR added to increase impact strength, which would motivate one skilled in the art to add the SBS.
It would be obvious to one skilled in the art at the time of the filing of the disclosure of Taiichi in view of the teachings of Nonnemacher and Kuriyama to select each and every element of claims to form a prime facie case of obviousness for claims 1-9.
Conclusion
14. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY D WASHVILLE whose telephone number is (571)270-3262. The examiner can normally be reached M-F 9-5.
15. 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.
16. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached at 571-272-1302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JEFFREY D WASHVILLE/Primary Examiner, Art Unit 1766
