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 .
REJECTIONS WITHDRAWN
All previous rejections have been withdrawn.
REJECTIONS REPEATED
There are no rejections repeated.
NEW REJECTIONS
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 5-13 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Corby et al. (US 2004/0081781).
Corby discloses a multilayer material including at least one layer of cellulosic material A, and at least one layer of a water-soluble material B (since sodium caseinate, water and the listed plasticizers are all water-soluble) comprising at least one casein and/or at least one caseinate, water, at least one plasticizer different from b) (paragraphs [0022 – 0024], [0035], [0044], [0096], [0108], Example 3 and claim 25).
Corby discloses an obtained multilayer material: - either by coating a layer of cellulosic material A with a solution S comprising: a. at least one casein and/or at least one caseinate; b. water, Water, and c. at At-least one plasticizer different from b);
- or by assembling a layer of cellulosic material A and a layer of water-soluble material B (since sodium caseinate, water and the listed plasticizers are all water-soluble) comprising: a. at At-least one casein and/or at least one caseinate; b. water, Water, and c. at At-least one plasticizer different from b), optionally by means of a binder, assembling being preferably carried out by complexing or laminating (paragraphs [0022 – 0024], [0035], [0044], [0096], [0108], Example 3 and claim 25).
Corby discloses a method for manufacturing a multilayer material: - either by coating a layer of cellulosic material A with a solution S comprising: a. at At-least one casein and/or at least one caseinate; b. water, Water, and c. at At-least one plasticizer different from b); - or by assembling a layer of cellulosic material A and a layer of water -soluble material B (since sodium caseinate, water and the listed plasticizers are all water-soluble) comprising: a. at At-least one casein and/or at least one caseinate; b. water, Water, and c. at At-least one plasticizer different from b), optionally by means of a binder, assembling being preferably carried out by complexing or laminating (paragraphs [0022 – 0024], [0035], [0044], [0096], [0108], Example 3 and claim 25).
Corby discloses wherein the plasticizer c) or material B is chosen from polyols, glycerol acetates, glycerol propionates and mixtures thereof, material B comprises between 10 and 80% casein and/or caseinate, wherein the cellulosic material A is chosen from papers and cardboards, wherein the layer of material B is a film layer of material B and a food packaging (paragraphs [0022 – 0024], [0035], [0044], [0096], [0108], Example 3 and claim 25).
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corby et al. (US 2004/0081781) in view of Spender et al. (US 2020/0002572).
Corby does not disclose wherein the material B further comprises gelatin d).
Spender discloses wherein the material B further comprises gelatin d) (paragraphs [0098 – 0099]) in a paper food container for the purpose of providing improved barrier properties and/or improved biodegradability/recyclability
Therefore it would have been obvious to have provided wherein the material B further comprises gelatin d) in Corby in order to provide improved barrier properties and/or improved biodegradability/recyclability as taught or suggested by Spender.
Claim(s) 3-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Corby et al. (US 2004/0081781) in view of Colak et al. (US 2021/0079223).
Corby does not disclose wherein material B also comprises a hydrophobic agent chosen from carboxylic polyacid esters, C3-C33 carboxylic acids and mixtures thereof, wherein material B further comprises at least one surfactant.
Colak discloses wherein material B also comprises a hydrophobic agent chosen from carboxylic polyacid esters, C3-C33 carboxylic acids and mixtures thereof, wherein material B further comprises at least one surfactant (paragraphs [0001-0009], [0014-0027], [0066-0069]) in a packaging film for the purpose of providing improved processability and/or improved mechanical properties 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 material B also comprises a hydrophobic agent chosen from carboxylic polyacid esters, C3-C33 carboxylic acids and mixtures thereof, wherein material B further comprises at least one surfactant in Corby in order to provide improved processability and/or improved mechanical properties and/or improved gas barrier properties.
ANSWERS TO APPLICANT’S ARGUMENTS
Applicant’s arguments of 3/27/26 have been carefully considered but are not persuasive.
Applicant argues that Corby does not disclose at least one layer of a water-soluble material B. However, sodium caseinate, water and the listed plasticizers are all water-soluble (see Corby, paragraphs [0022 – 0024], [0035], [0044], [0096], [0108], Example 3 and claim 25). Therefore, Corby reads on applicant’s claims as written since applicant does not recite that the layer itself is water-soluble just that material B is water-soluble and applicant’s claims do not exclude other materials in the layer.
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 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
May 19, 2026
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