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 .
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.
Claim 1 is 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 first polyethylene resin”, “the second polyethylene resin” and “the third polyethylene resin” in the last paragraph of claim 1. However, “the first polyethylene resin” is only first recited in Condition A. If condition B is chosen, there is a lack of antecedent basis for “the first polyethylene resin” because “the first polyethylene resin” is only first recited in Condition A. Conversely, “the second polyethylene resin” and “the third polyethylene resin” are first mentioned in Condition B. If condition A is chosen, there is a lack of antecedent basis for “the second polyethylene resin” and “the third polyethylene resin” because “the second polyethylene resin” and “the third polyethylene resin” are first mentioned in Condition B.
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) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2016-198998 (English machine translation provided herein) in view of JP2002-361811 (English machine translation provided herein).
JP2016-198998 a laminate, comprising an inner layer and a pair of outer layers laminated on both sides of the inner layer, wherein the inner layer contains an inorganic filler and a first thermoplastic resin, each of the outer layers contains a second thermoplastic resin, the inorganic filler includes calcium carbonate particles, a content of the inorganic filler in the laminate by ratio is more than 50% by mass, wherein a total content, by ratio, of the first polyethylene resin (HDPE), the second polyethylene resin, and the third polyethylene resin in each of the first thermoplastic resin and the second thermoplastic resin is more than 90% by mass (since the first, second resins and third resins in layers A and B are polyethylene) (paragraphs [0016-0018], [0020], [0022], [0025], [0030-0033], [0035], [0037-0039], [0054-0057]).
JP2016-198998 wherein a first polyethylene resin is contained, and the first polyethylene resin is 0.942 g/cm.sup.3 or more and 0.970 g/cm.sup.3 or less in density as well as 2.0 or more and 10.0 or less in polydispersity index (Mw/Mn).
JP2002-361811 disclose an HDPE having a density which is 0.942 g/cm.sup.3 or more and 0.970 g/cm.sup.3 or less as well as 2.0 or more and 10.0 or less in polydispersity index (Mw/Mn) for use in packaging for the purpose of providing good moldability and improved transparency and impact resistance in a film for packaging (paragraph [0001], [0026-0035]).
Both references are drawn to polyethylene films used in packaging.
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 a first polyethylene resin is contained, and the first polyethylene resin is 0.942 g/cm.sup.3 or more and 0.970 g/cm.sup.3 or less in density as well as 2.0 or more and 10.0 or less in polydispersity index (Mw/Mn) in JP2016-198998 in order to provide good moldability and improved transparency and impact resistance as taught or suggested by JP2002-361811.
JP2016-198998 discloses wherein a total thickness of the laminate is 200 μm or more and 1000 μm or less, wherein a ratio of each thickness of the outer layers to a total thickness of the laminate is 2.0% or more and 20.0% or less (measuring the three layer structure of Fig. 2 shows the overall thickness to be 10mm and each of the outer layers is 2mm, each layer 2 is 20%), wherein a content of the inorganic filler in the inner layer by ratio is 53% by mass or more and 70% by mass or less, wherein the total content, by ratio, of the first polyethylene resin, the second polyethylene resin, and the third polyethylene resin in each of the first thermoplastic resin and the second thermoplastic resin is 100% by mass (since the first, second resins and third resins in layers A and B are polyethylene) (paragraphs [0016-0018], [0020], [0022], [0025], [0030-0033], [0035], [0037-0039], [0054-0057] and Fig. 2).
Claim(s) 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2016-198998 (English machine translation provided herein) in view of JP2002-361811 (English machine translation provided herein) and CN102909925.
JP2016-198998 a laminate, comprising an inner layer and a pair of outer layers laminated on both sides of the inner layer, wherein the inner layer contains an inorganic filler and a first thermoplastic resin, each of the outer layers contains a second thermoplastic resin, the inorganic filler includes calcium carbonate particles, a content of the inorganic filler in the laminate by ratio is more than 50% by mass, wherein a total content, by ratio, of the first polyethylene resin (HDPE), the second polyethylene resin, and the third polyethylene resin in each of the first thermoplastic resin and the second thermoplastic resin is more than 90% by mass (since the first, second resins and third resins in layers A and B are polyethylene) (paragraphs [0016-0018], [0020], [0022], [0025], [0030-0033], [0035], [0037-0039], [0054-0057]).
JP2016-198998 wherein a first polyethylene resin is contained, and the first polyethylene resin is 0.942 g/cm.sup.3 or more and 0.970 g/cm.sup.3 or less in density as well as 2.0 or more and 10.0 or less in polydispersity index (Mw/Mn).
JP2002-361811 disclose an HDPE having a density which is 0.942 g/cm.sup.3 or more and 0.970 g/cm.sup.3 or less as well as 2.0 or more and 10.0 or less in polydispersity index (Mw/Mn) for use in packaging for the purpose of providing good moldability and improved transparency and impact resistance in a film for packaging (paragraph [0001], [0026-0035]).
Both references are drawn to polyethylene films used in packaging.
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 a first polyethylene resin is contained, and the first polyethylene resin is 0.942 g/cm.sup.3 or more and 0.970 g/cm.sup.3 or less in density as well as 2.0 or more and 10.0 or less in polydispersity index (Mw/Mn) in JP2016-198998 in order to provide good moldability and improved transparency and impact resistance as taught or suggested by JP2002-361811.
JP2016-198998 discloses wherein a total thickness of the laminate is 200 μm or more and 1000 μm or less, wherein a ratio of each thickness of the outer layers to a total thickness of the laminate is 2.0% or more and 20.0% or less (measuring the three layer structure of Fig. 2 shows the overall thickness to be 10mm and each of the outer layers is 2mm, each layer 2 is 20%), wherein a content of the inorganic filler in the inner layer by ratio is 53% by mass or more and 70% by mass or less, wherein the total content, by ratio, of the first polyethylene resin, the second polyethylene resin, and the third polyethylene resin in each of the first thermoplastic resin and the second thermoplastic resin is 100% by mass (since the first, second resins and third resins in layers A and B are polyethylene) (paragraphs [0016-0018], [0020], [0022], [0025], [0030-0033], [0035], [0037-0039], [0054-0057] and Fig. 2).
JP2016-198998 does not disclose a frozen food container.
CN102909925 discloses the use of polyethylene films in frozen food containers in order to prevent pollution, corrosion resistance etc. (paragraphs [0003-0005).
Therefore it would have been obvious to have used the polyethylene film of 2016-198998 in a frozen food container in order to provide pollution prevention, corrosion resistance etc. as taught or suggested by CN102909925.
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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/MICHAEL C MIGGINS/Primary Examiner, Art Unit 1782
MCM
January 12, 2026