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
Claims 17-19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 4/9/26.
Applicant’s election without traverse of claims 1-16 and 20 in the reply filed on 4/9/26 is acknowledged.
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) 1-2, 5-11, 13-14, 16 and 20 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Li et al. (US 2020/0230933).
Li discloses a multilayer plastic (MLP) article comprising: (a) a first polyester layer, wherein the first polyester layer is heat-sealable (since PET is disclosed); (b) a second polyester layer adjacent to the first polyester layer, wherein the second polyester layer is a gas-barrier layer; and (c) a third polyester layer adjacent to the second polyester layer at an opposite surface of the second polyester layer relative to the first polyester layer, wherein the third polyester layer is a mechanical layer, a printability layer, or both (since PET is disclosed) (paragraphs [0010-0011], [0014], [0028-0029], [0035], [0041-0047], [0053]).
Li discloses wherein the second polyester layer is selected
from the group consisting of liquid crystalline polyesters, polyethylene furanoate (PEF),
polyethylene naphthalate (PEN), poly(glycolic acid) (PGA), and combinations thereof, wherein: the first polyester layer is in direct contact with the second polyester layer; and the second polyester layer is in direct contact with the third polyester layer, wherein the article is free from non-polyester layers, wherein: the MLP article has a thickness in a range of 40 µm to 1000 µm; the first polyester layer has a thickness in a range of 5 µm to 500 µm; the second polyester layer has a thickness in a range of 2 µm to 200 µm; the third polyester layer has a thickness in a range of 10 µm to 900 µm; and a ratio of first:second:third layer thickness is (0.5-2):(0.1-2):(1-4), wherein the first polyester layer, the second polyester layer, and the third polyester layer have different compositions, wherein: the first polyester layer and the third polyester layer have at least one polyester component in common; and the second polyester layer has a different composition relative to the first polyester layer and the third polyester layer, wherein the second polyester layer further comprises a solid filler (paragraphs [0010-0011], [0014], [0028-0029], [0035], [0041-0047], [0053]).
Li does not specifically disclose the limitations, “the MLP article has a water vapor permeability (WVPR) in a range of 0.1 to 10 g/m²day at 37°C and 50% RH; and the MLP article has an oxygen permeability (OPR) in a range of 0.1 to 10 cc/m²day at
37°C and 85% RH, wherein: the MLP article has a tensile strength at break in a range of 10-100 MPa; the MLP article has an elongation at break in a range of 5-500%, and
the MLP article has a seal strength in a range of 5-100 N/mm.” However, said limitations are inherent in Li because Li discloses the same materials and structure recited by applicant in the claims.
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) 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US 2020/0230933).
Li does not specifically disclose the limitations, “the MLP article has a water vapor permeability (WVPR) in a range of 0.1 to 10 g/m²day at 37°C and 50% RH; and the MLP article has an oxygen permeability (OPR) in a range of 0.1 to 10 cc/m²day at 37°C and 85% RH, wherein: the MLP article has a tensile strength at break in a range of 10-100 MPa; the MLP article has an elongation at break in a range of 5-500%, and the MLP article has a seal strength in a range of 5-100 N/mm.” However, said limitations are necessarily present in Li because Li discloses the same materials and structure recited by applicant in the claims. It would have been obvious to one of ordinary skill in the art to have provided said limitations in order to provide improved gas barrier properties and/or improved strength and/or improved sealing.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US 2020/0230933) in view of WO 97/11847.
Li does not disclose wherein the first polyester layer comprises a
copolyester selected from the group consisting of isophthalate-modified copolyesters,
sebacic acid-modified copolyesters, diethyleneglycol-modified copolyesters, triethyleneglycol modified-copolyesters, cyclohexanedimethanol modified-copolyesters, and combinations thereof.
WO 9711847 discloses wherein the first polyester layer comprises a
copolyester selected from the group consisting of isophthalate-modified copolyesters,
sebacic acid-modified copolyesters, diethyleneglycol-modified copolyesters, triethyleneglycol modified-copolyesters, cyclohexanedimethanol modified-copolyesters, and combinations thereof in a polyester sheet for the purpose of providing improved heat sealing (page 1, lines 13-24, page 3, lines 19-29).
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 first polyester layer comprises a copolyester selected from the group consisting of isophthalate-modified copolyesters, sebacic acid-modified copolyesters, diethyleneglycol-modified copolyesters, triethyleneglycol modified-copolyesters, cyclohexanedimethanol modified-copolyesters, and combinations thereof in Li in order to provide improved heat sealing as taught or suggested by WO 9711847.
Claim(s) 4 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US 2020/0230933) in view of Aritake et al. (US 2006/0177674).
Li does not disclose wherein the first polyester layer comprises a copolyester selected from aliphatic copolyesters, aliphatic-aromatic copolyesters, and combinations thereof and wherein the first polyester layer, the second polyester layer, and the third polyester layer are biodegradable.
Aritake discloses wherein the first polyester layer comprises a copolyester selected from aliphatic copolyesters, aliphatic-aromatic copolyesters, and combinations thereof and wherein the first polyester layer, the second polyester layer, and the third polyester layer are biodegradable in a polyester sheet for the purpose of providing improved strength, gas barrier properties and/or biodegradability (paragraphs [0001-0003], [0009], [0044]).
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 first polyester layer comprises a copolyester selected from aliphatic copolyesters, aliphatic-aromatic copolyesters, and combinations thereof and wherein the first polyester layer, the second polyester layer, and the third polyester layer are biodegradable in Li in order to provide improved strength, gas barrier properties and/or biodegradability as taught or suggested by Aritake.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US 2020/0230933) in view of Stanley et al. (US 2014/0099455).
Li does not disclose wherein an outer portion of the third polyester
layer comprises a plasma-treated surface for improved printability.
Stanley discloses a packaging material wherein the outer surface is plasma treated (corona) for the purpose of providing improved printability (paragraphs [0001], [0044-0046]).
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 an outer portion of the third polyester layer comprises a plasma-treated surface for improved printability in Li in order to provide improved printability as taught or suggested by Stanley.
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
June 10, 2026
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