DETAILED ACTION
In response to Amendments/Arguments filed 4/6/2026. Claims 1-19 are pending. Claims 12-16 are withdrawn with traverse. Claims 1-11 and 17-19 are examined thusly. Claims 1-5 and 8-11 are amended. Claims 17-19 are added as new.
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.
Claims 1, 4-9, 11, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Fiebig et al. (EP 2540497 B1) in view of Wang et al. (EP 2965908 B1).
Fiebig discloses a multilayer cast film. Concerning claims 1, 8-9, and 19, Fiebig discloses the multilayer cast film comprises a core layer a sealing layer, and an outer layer, wherein each layer comprises up to 100% polypropylene material (para. 0015-0032). With respect to the outer layer, Fiebig discloses the outer layer comprises or consists of a polypropylene homopolymer and/or an ethylene propylene copolymer. Concerning claim 7, the layers are formed by extrusion coating (para. 0027). Regarding claim 11, the thickness of the core layer is 20 to 100 microns and the outer layer and sealing layers are each 2 to 50 microns and 0.5 to 30 microns respectively, wherein the sum of the thicknesses would include and encompass the claimed total thickness and the coating weight for the outer and sealing layers of Fiebig would include and encompass the claimed ranges (para. 0023-0026). However, Fiebig is silent to the material characteristics of the ethylene propylene copolymer.
Wang discloses an ethylene propylene random copolymer that has a MFR of 0.8 to 25 g/10 min, a Tm of 128°C to 138°C and number of 2,1 regio defects of at most 0.4% (para. 0008-0081). While it is noted that Wang is silent to the 3,1 regio defect content, since the materials are the same as that claimed and formed by a single site catalyst, the sum of the 2,1 and 3,1 regio defects would include and encompass the claimed range. With respect to claims 4 and 5, the ethylene propylene random copolymer is formed by a single site catalyst, has the claimed MFR, MWD, crystallization temperature and overlapping range hexane extractables content and xylene soluble content (para. 0015-0032). With respect to claim 6, the ethylene propylene random copolymer are formed from polymer fraction having overlapping contents (para. 0017-0021). The ethylene propylene random copolymer of Wang provides layers that have good optical properties (para. 0039). As such, for good optical properties, one of ordinary skill in the art would have been motivated to use the material of Wang as the outer layer of Fiebig.
Allowable Subject Matter
Claims 2-3, 10, and 17-18 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims. The prior art is silent to a propylene homopolymer having the claimed characteristics and positively recited as part of the second coating layer. Examiner notes that the instant claim 1 recites “and/or” terminology and as such, the cited art above is still applicable to the instant claims
Response to Arguments
Applicant’s arguments, see pp. 7-10, filed 4/6/2026, with respect to the 35 USC 103 rejection under Fiebig in view of Wang and Stadlbauer have been fully considered and are persuasive. The rejection of the claims has been withdrawn. Examiner acknowledges the instant amendments overcome the Stadlbauer reference. However, the Fiebig and Wang references are still applicable as shown above. To that end, Applicant asserts the outer layer of Fiebig is not equivalent to the claimed second coating layer and that one of ordinary skill in the art would consider the sealing layer of Fiebig equivalent to the claimed second coating layer. Examiner respectfully disagrees and notes that the limitation “second coating layer” is not structurally different to the disclosed outer layer. The term “second coating layer” is not defined in the specification as “sealing layer” and as such, not structurally different. Examiner notes that the outer layer can comprise an ethylene propylene copolymer (para. 0028 and 0032). As such, the Fiebig and Wang are still applicable as shown above.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRASHANT J KHATRI whose telephone number is (571)270-3470. The examiner can normally be reached M-F 10AM-6:30PM.
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PRASHANT J. KHATRI
Primary Examiner
Art Unit 1783
/PRASHANT J KHATRI/Primary Examiner, Art Unit 1783
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