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 .
Election/Restrictions
The election of species portion of the restriction requirement of 12/10/25 has been withdrawn and claims 1, 3-15 have been examined.
Applicant's election with traverse of claims 1, 3-15 in the reply filed on 3/10/26 is acknowledged. The traversal is on the ground(s) that the European Patent Office did not find lack of unity of invention and that instant claim 1 has been amended to include the limitations of claim 2 and there is not lack of unity of invention. This is not found persuasive because the findings of the European Patent Office are taken into consideration, the findings of the European Patent Office have no legal bearing on the findings of the USPTO. Moreover, claim 1 does not make a contribution over the prior art as set forth below.
Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 3/10/26.
Claim Rejections - 35 USC § 112
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 3-16 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the phrase “, heat sealable and-, substantially plant-base and,” in lines 15-16 because it is not clear what said phrase refers to.
Claim 1, recites the term “they” in line 19 which is indefinite because it is not clear what the term “they” refers to or which layers are included in the term “they.”
Claim 1 recites the limitation "the fiber fraction of the bulk layer" in lines 18-19. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 12, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Regarding claim 14, the phrase "such as" renders the claim indefinite because it is unclear whether the limitations following the phrase are part of the claimed invention. See MPEP § 2173.05(d).
Claims 3-11, 13 and 15-16 are dependent on claims rejections under 112.
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.
Claim(s) 1, 3, 5, 11, 13 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2017-222033 in view of Larsson et al. (US 2015/03825098).
JP2017-222033 discloses A heat-sealable, substantially plant-based and re-pulpable multilayer packaging material, comprising a bulk layer of paper, paperboard or other cellulose-based material, a first outermost, protective and water-dispersible layer or coating, intended to be directed to the outside of a formed packaging container, and a second, innermost, heat-sealable layer to be directed to, and to form the inside of a packaging container, wherein the second innermost, heat-sealable layer and the first, outermost, protective and water-dispersible layer or coating are-is made of a cellulose fibre composition, comprising cellulose fibres, optional additives and optional plasticizers, the full multilayer packaging material, including the second innermost, heat-sealable layer and the first, outermost, protective and water-dispersible layer, heat sealable and,- substantially plant-based and re-pulpable to one and a same recycling fraction of cellulose fibres (since every layer is made from cellulose), meaning that at least 90 wt-% of the materials of the multilayer packaging material are plant-based (since every layer is made from cellulose) and also re-dispersible in aqueous medium, such that they are recyclable together with the fiber fraction of the bulk layer (since every layer is made from cellulose) (paragraphs [0003], [0023-0024], [0028], [0031], [0034-0036] and Fig. 1).
JP2017-222033 does not disclose the cellulose fibres being partly modified to contain dialcohol cellulose, and wherein the amount of modified cellulose fibers in the innermost layer is from 80 wt% to 100 wt%, calculated per dry weight; and wherein the degree of conversion of the partly modified cellulose to dialcohol cellulose, based on the total number of oxidizable C2-C3 bonds in the cellulose fibres, is at least 10%.
However, Larsson discloses that it is obvious to partly modify cellulose fibers to contain dialcohol cellulose in an amount of 1-100 wt% in order to provide improved processability (paragraphs [0003], [0007-0008], [0039-0045], [0048]).
Therefore it would have been obvious to have provided the cellulose fibres being partly modified to contain dialcohol cellulose, and wherein the amount of modified cellulose fibers in the innermost layer is from 80 wt% to 100 wt%, calculated per dry weight; and wherein the degree of conversion of the partly modified cellulose to dialcohol cellulose, based on the total number of oxidizable C2-C3 bonds in the cellulose fibres, is at least 10% in JP2017-222033 in order to provide improved processability as taught or suggested by Larsson.
JP2017-222033 discloses having a layer or multilayer portion comprising gas barrier material(s) arranged between the bulk layer and the second, innermost heat-sealable layer and wherein the second innermost, heat-sealable layer, and optionally a first outermost, protective, re-pulpable layer or coating made of the same cellulose fibre composition as the second, innermost, heat-sealable layer, further comprises a plasticizer at an amount from 0.5 to 20 wt-% based on the dry content of the layer, wherein the layer or multilayer portion comprising gas barrier material(s) comprises a layer or sheet comprising microfibrillated cellulose or modified cellulose fibres (paragraphs [0003], [0023-0024], [0028], [0031], [0034-0036] and Fig. 1).
Larsson discloses wherein the degree of conversion in the second, innermost heat-sealable layer of the partly modified cellulose to dialcohol cellulose, based on the total number of oxidizable C2-C3 bonds in the cellulose, is least 30%, and less than 50% and which contain dialcohol cellulose by a degree of conversion from cellulose to dialcohol cellulose, based on the total number of oxidizable C2-C3 bonds in the cellulose fibres, being at least 20% (paragraphs [0003], [0007-0008], [0039-0045], [0048]).
JP2017-222033 does not disclose wherein the applied amount of the second, innermost, heat-sealable layer is from 10 to 100 g/m². However, it has been found the finding the optimum range or value for a result effective variable is obvious and well withing the level of one of ordinary skill in the art (MPEP 2144.05). It would have been obvious to have provided wherein the applied amount of the second, innermost, heat-sealable layer is from 10 to 100 g/m² in order to improve heat sealing or lower costs via the use of less material.
Claim(s) 4, 6-10, 12 and 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2017-222033 in view of Larsson et al. (US 2015/03825098), as applied to claims 1, 3, 11, 13 and 15 above, and further in view of Toft et al. (US 2019/0202191).
Modified JP2017-222033 does not disclose wherein the layer or multilayer portion comprising gas barrier material(s) comprises an additional substrate layer of paper- or other water-dispersible cellulose-based material, which is coated with at least one gas barrier material to a total gas barrier coating thickness from 2 to 5000
nm, wherein the gas barrier material coated onto the additional substrate layer of paper- or other water-dispersible cellulose-based material comprises a vapour deposition coating, wherein the additional substrate layer of paper- or other water-dispersible cellulose-based material is coated to a dry coating thickness from 100 to 5000 nm (from 0.1 to 5 µm), with a gas barrier material comprising a polymer selected from the group consisting of vinyl alcohol polymers and copolymers, wherein the additional
substrate layer of paper- or other water-dispersible cellulose-based material is coated
with a first coating of a gas barrier material formed by coating and subsequent drying of
an aqueous dispersion or solution of a gas barrier material, and further has a vapour
deposition coating of a gas barrier material selected from metals, metal oxides, inorganic oxides and amorphous diamond-like carbon, applied on the first coating, wherein the vapour deposition coating is applied to a thickness of from 10 to 80 nm, wherein the layer or multilayer portion comprising gas barrier material(s) is laminated to the bulk layer by from 0.5 to 5 g/m², dry weight, of an interjacent bonding composition comprising a binder selected from the group consisting of acrylic polymers and copolymers, starch, starch derivatives, cellulose derivatives, polymers and copolymers of vinyl acetate or vinyl alcohol, and copolymers of styrene-acrylic latex or styrene-butadiene latex, wherein the plasticizer is a compound selected from the group consisting of polyols, such as glycerol, and polysaccharides, such as starch, starch derivatives or cellulose derivatives wherein the second, innermost heat-sealable layer is applied onto the vapour deposition coating, such as onto the metallization coating.
Toft discloses wherein the layer or multilayer portion comprising gas barrier material(s) comprises an additional substrate layer of paper- or other water-dispersible cellulose-based material, which is coated with at least one gas barrier material to a total gas barrier coating thickness from 2 to 5000 nm, wherein the gas barrier material coated onto the additional substrate layer of paper- or other water-dispersible cellulose-based material comprises a vapour deposition coating, wherein the additional substrate layer of paper- or other water-dispersible cellulose-based material is coated to a dry coating thickness from 100 to 5000 nm (from 0.1 to 5 µm), with a gas barrier material comprising a polymer selected from the group consisting of vinyl alcohol polymers and copolymers, wherein the additional substrate layer of paper- or other water-dispersible cellulose-based material is coated with a first coating of a gas barrier material formed by coating and subsequent drying of an aqueous dispersion or solution of a gas barrier material, and further has a vapour deposition coating of a gas barrier material selected from metals, metal oxides, inorganic oxides and amorphous diamond-like carbon, applied on the first coating, wherein the vapour deposition coating is applied to a thickness of from 10 to 80 nm, wherein the layer or multilayer portion comprising gas barrier material(s) is laminated to the bulk layer by from 0.5 to 5 g/m², dry weight, of an interjacent bonding composition comprising a binder selected from the group consisting of acrylic polymers and copolymers, starch, starch derivatives, cellulose derivatives, polymers and copolymers of vinyl acetate or vinyl alcohol, and copolymers of styrene-acrylic latex or styrene-butadiene latex, wherein the plasticizer is a compound selected from the group consisting of polyols, such as glycerol, and polysaccharides, such as starch, starch derivatives or cellulose derivatives wherein the second, innermost heat-sealable layer is applied onto the vapour deposition coating, such as onto the metallization coating (paragraphs [0012-0013], [0054], [0083-0084], [0100], [0108-0110], [0127-0133], [0150-0153], [0176] and Fig. 1a) in a paper laminate for the purpose of providing lower costs and/or improved gas barrier properties.
Therefore it would have been obvious to one of ordinary skill in the art at the time applicant’s invention was made to have provided wherein the layer or multilayer portion comprising gas barrier material(s) comprises an additional substrate layer of paper- or other water-dispersible cellulose-based material, which is coated with at least one gas barrier material to a total gas barrier coating thickness from 2 to 5000
nm, wherein the gas barrier material coated onto the additional substrate layer of paper- or other water-dispersible cellulose-based material comprises a vapour deposition coating, wherein the additional substrate layer of paper- or other water-dispersible cellulose-based material is coated to a dry coating thickness from 100 to 5000 nm (from 0.1 to 5 µm), with a gas barrier material comprising a polymer selected from the group consisting of vinyl alcohol polymers and copolymers, wherein the additional
substrate layer of paper- or other water-dispersible cellulose-based material is coated
with a first coating of a gas barrier material formed by coating and subsequent drying of
an aqueous dispersion or solution of a gas barrier material, and further has a vapour
deposition coating of a gas barrier material selected from metals, metal oxides, inorganic oxides and amorphous diamond-like carbon, applied on the first coating, wherein the vapour deposition coating is applied to a thickness of from 10 to 80 nm, wherein the layer or multilayer portion comprising gas barrier material(s) is laminated to the bulk layer by from 0.5 to 5 g/m², dry weight, of an interjacent bonding composition comprising a binder selected from the group consisting of acrylic polymers and copolymers, starch, starch derivatives, cellulose derivatives, polymers and copolymers of vinyl acetate or vinyl alcohol, and copolymers of styrene-acrylic latex or styrene-butadiene latex, wherein the plasticizer is a compound selected from the group consisting of polyols, such as glycerol, and polysaccharides, such as starch, starch derivatives or cellulose derivatives wherein the second, innermost heat-sealable layer is applied onto the vapour deposition coating, such as onto the metallization coating.
Toft discloses wherein the layer or multilayer portion comprising gas barrier material(s) comprises an additional substrate layer of paper- or other water-dispersible cellulose-based material, which is coated with at least one gas barrier material to a total gas barrier coating thickness from 2 to 5000 nm, wherein the gas barrier material coated onto the additional substrate layer of paper- or other water-dispersible cellulose-based material comprises a vapour deposition coating, wherein the additional substrate layer of paper- or other water-dispersible cellulose-based material is coated to a dry coating thickness from 100 to 5000 nm (from 0.1 to 5 µm), with a gas barrier material comprising a polymer selected from the group consisting of vinyl alcohol polymers and copolymers, wherein the additional substrate layer of paper- or other water-dispersible cellulose-based material is coated with a first coating of a gas barrier material formed by coating and subsequent drying of an aqueous dispersion or solution of a gas barrier material, and further has a vapour deposition coating of a gas barrier material selected from metals, metal oxides, inorganic oxides and amorphous diamond-like carbon, applied on the first coating, wherein the vapour deposition coating is applied to a thickness of from 10 to 80 nm, wherein the layer or multilayer portion comprising gas barrier material(s) is laminated to the bulk layer by from 0.5 to 5 g/m², dry weight, of an interjacent bonding composition comprising a binder selected from the group consisting of acrylic polymers and copolymers, starch, starch derivatives, cellulose derivatives, polymers and copolymers of vinyl acetate or vinyl alcohol, and copolymers of styrene-acrylic latex or styrene-butadiene latex, wherein the plasticizer is a compound selected from the group consisting of polyols, such as glycerol, and polysaccharides, such as starch, starch derivatives or cellulose derivatives wherein the second, innermost heat-sealable layer is applied onto the vapour deposition coating, such as onto the metallization coating (paragraphs [0012-0013], [0054], [0083-0084], [0100], [0108-0110], [0127-0133], [0150-0153], [0176] and Fig. 1a) in a paper laminate for the purpose of providing lower costs and/or improved gas barrier properties in modified JP2017-222033 in order to provide lower costs and/or improved gas barrier properties as taught or suggested by Toft.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL C MIGGINS whose telephone number is (571)272-1494. The examiner can normally be reached Monday-Friday, 1-9 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aaron Austin can be reached at 571-272-8935. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL C MIGGINS/Primary Examiner, Art Unit 1782
MCM
April 29, 2026
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