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 .
Examiner’s Comments
The non-final rejections of 5/28/26 is hereby replaced with the instant office action as the JP2022-047775 was not included in the non-final rejection of 5/28/26.
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) 19-21 and 23-24 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by Dabadie et al. (US 2019/0270288).
The term “extruded” is a method limitation in a product claim and has been given little to no patentable weight since the method by which a product is made is no germane to the patentability of a product in a product claim (MPEP 2113).
Dabadie discloses a packaging laminate comprising at least one first polymer layer arrangement and at least one second polymer layer arrangement, wherein the at least one first polymer layer arrangement comprises a polyolefin layer formed by a polyolefin film, a metal-based layer deposited on the polyolefin film, and a barrier material layer, wherein the barrier material layer comprises at least one of a vinyl alcohol polymer layer, a metal oxide layer, and a polymer layer filled with nanoparticles,
wherein the at least one second polymer layer arrangement comprises at least one
polymer layer, wherein at least one polymer layer of the at least one polymer layer of
the at least one second polymer layer arrangement is an extruded layer, wherein
each of the outermost layers on either side of the packaging laminate is formed by a
polymer layer, such that each exposed surface on opposing sides of the packaging
laminate is a polymer surface, wherein the packaging laminate has an overall oxygen transfer rate of not more than 0.5 cm³/(m²·d·bar) determined at 23°C and 75 % relative humidity according to DIN 53380-3, wherein at least one of the subsequent conditions of friction applies: i.) an exposed surface has a coefficient of friction with itself of less than 0.90 determined according to DIN EN ISO 8295, and ii.) an exposed surface has a coefficient of friction with a metal surface of less than 0.80 determined according to DIN EN ISO 8295 (paragraphs [0004], [0031], [0036], [0039-0041], [0047], [0051-0054], [0057-0061], [0078-0079], [0084-0088]).
Claims 20-21 and 23-24 are disclosed in Dabadie (paragraphs [0004], [0031], [0036], [0039-0041], [0047], [0051-0054], [0057-0061], [0078-0079], [0084-0088]).
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) 25-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dabadie et al. (US 2019/0270288).
Dabadie does not specifically disclose the thicknesses recited in claims 25-27. However, it has been found that finding the optimum range or value for a result effective variable is obvious and well within the level of one of ordinary skill in the art (MPEP 2144.05). It would have been obvious to have provided applicant’s recited thicknesses in order to provide improved barrier properties and/or mechanical properties or lower costs through the use of less material.
Claim(s) 28-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dabadie et al. (US 2019/0270288) in view of Ettridge et al. (US 2018/0170017).
Dabadie does not disclose wherein the packaging laminate comprises at least one third polymer layer arrangement, wherein the at least one third polymer layer arrangement comprises a polymer film, wherein the polymer of the polymer film of the third polymer layer arrangement comprises at least one polymer of polyethylene, polyethylene terephthalate, polypropylene, polyvinyl alcohol, ethylene vinyl alcohol copolymer, ethylene and acrylic acid, ethylene methyl acrylate, cyclic olefin copolymer, a maleic anhydride grafted polymer, a plastomer/elastomer, a ionomer, a peelable resin based on ethylene methyl acrylate, a biodegradable polymer, a compostable polymer, a blend of the listed polymers, wherein at least one third polymer layer arrangement of the at least one third polymer layer arrangement, additionally comprises a barrier material layer, wherein the barrier material layer comprises at least one of a vinyl alcohol polymer layer, a metal oxide layer, and a polymer layer filled with nanoparticles, wherein the packaging laminate comprises two first polymer layer arrangements which are bonded to each other by the second polymer layer arrangement, wherein the packaging laminate comprises a first polymer layer arrangement and a third polymer layer arrangement, which are bonded to each other by the second polymer layer arrangement, wherein the third polymer layer arrangement is located closer to the outside of the packaging laminate, and the first polymer layer arrangement is located closer to the inside of the packaging laminate, wherein the packaging laminate comprises two third polymer layer arrangements, which are bonded to each other by a second polymer layer arrangement.
Ettridge discloses wherein the packaging laminate comprises at least one third polymer layer arrangement, wherein the at least one third polymer layer arrangement comprises a polymer film, wherein the polymer of the polymer film of the third polymer layer arrangement comprises at least one polymer of polyethylene, polyethylene terephthalate, polypropylene, polyvinyl alcohol, ethylene vinyl alcohol copolymer, ethylene and acrylic acid, ethylene methyl acrylate, cyclic olefin copolymer, a maleic anhydride grafted polymer, a plastomer/elastomer, a ionomer, a peelable resin based on ethylene methyl acrylate, a biodegradable polymer, a compostable polymer, a blend of the listed polymers, wherein at least one third polymer layer arrangement of the at least one third polymer layer arrangement, additionally comprises a barrier material layer, wherein the barrier material layer comprises at least one of a vinyl alcohol polymer layer, a metal oxide layer, and a polymer layer filled with nanoparticles, wherein the packaging laminate comprises two first polymer layer arrangements which are bonded to each other by the second polymer layer arrangement, wherein the packaging laminate comprises a first polymer layer arrangement and a third polymer layer arrangement, which are bonded to each other by the second polymer layer arrangement, wherein the third polymer layer arrangement is located closer to the outside of the packaging laminate, and the first polymer layer arrangement is located closer to the inside of the packaging laminate, wherein the packaging laminate comprises two third polymer layer arrangements, which are bonded to each other by a second polymer layer arrangement in a barrier laminate for the purpose of providing ultra-high barrier properties (paragraphs [0011-0012], [0038], [0067-0076]).
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 packaging laminate comprises at least one third polymer layer arrangement, wherein the at least one third polymer layer arrangement comprises a polymer film, wherein the polymer of the polymer film of the third polymer layer arrangement comprises at least one polymer of polyethylene, polyethylene terephthalate, polypropylene, polyvinyl alcohol, ethylene vinyl alcohol copolymer, ethylene and acrylic acid, ethylene methyl acrylate, cyclic olefin copolymer, a maleic anhydride grafted polymer, a plastomer/elastomer, a ionomer, a peelable resin based on ethylene methyl acrylate, a biodegradable polymer, a compostable polymer, a blend of the listed polymers, wherein at least one third polymer layer arrangement of the at least one third polymer layer arrangement, additionally comprises a barrier material layer, wherein the barrier material layer comprises at least one of a vinyl alcohol polymer layer, a metal oxide layer, and a polymer layer filled with nanoparticles, wherein the packaging laminate comprises two first polymer layer arrangements which are bonded to each other by the second polymer layer arrangement, wherein the packaging laminate comprises a first polymer layer arrangement and a third polymer layer arrangement, which are bonded to each other by the second polymer layer arrangement, wherein the third polymer layer arrangement is located closer to the outside of the packaging laminate, and the first polymer layer arrangement is located closer to the inside of the packaging laminate, wherein the packaging laminate comprises two third polymer layer arrangements, which are bonded to each other by a second polymer layer arrangement in Dabadie in order to provide ultra-high barrier properties as taught or suggested by Ettridge.
Modified Dabadie does not specifically disclose the thicknesses recited in claims 30-31. However, it has been found that finding the optimum range or value for a result effective variable is obvious and well within the level of one of ordinary skill in the art (MPEP 2144.05). It would have been obvious to have provided applicant’s recited thicknesses in order to provide improved barrier properties and/or mechanical properties or lower costs through the use of less material.
Claim(s) 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dabadie et al. (US 2019/0270288) in view of Lu (US 2008/0107899).
Dabadie does not disclose wherein the polyolefin film of the first polymer layer arrangement is polyolefin monolayer film or polyolefin multilayer film with the polyolefin of the polyolefin film being selected from at least one of LLDPE, LDPE, MDPE, HDPE or at least one blend of the listed polyethylene varieties.
Lu discloses wherein the polyolefin film of the first polymer layer arrangement is polyolefin monolayer film or polyolefin multilayer film with the polyolefin of the polyolefin film being selected from at least one of LLDPE, LDPE, MDPE, HDPE or at least one blend of the listed polyethylene varieties in a barrier film for the purpose of providing improved barrier properties (paragraph [0001], [0033-0042]).
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 polyolefin film of the first polymer layer arrangement is polyolefin monolayer film or polyolefin multilayer film with the polyolefin of the polyolefin film being selected from at least one of LLDPE, LDPE, MDPE, HDPE or at least one blend of the listed polyethylene varieties in Dabadie in order to provide improved barrier properties as taught or suggested by Lu.
Claim(s) 36-37 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2022-047775 (English machine translation provided herein) in view of Dabadie et al. (US 2019/0270288).
JP2022-047775 discloses a tube body for a tube container as a packaging comprising a packaging laminate, the tube body extending along a tube axis and having a longitudinal seam extending along the tube axis, wherein opposite ends of a blank containing the packaging laminate are connected to form a tubular body, and wherein the tube body has a cross seam at one of its longitudinal end portions, closing the tubular body at the longitudinal end, wherein the cross seam extends in a crosswise direction relative to the tube axis, a tube head bonded to an open longitudinal end of the tube body, wherein the open longitudinal end is located opposite to the closed longitudinal end having the cross seam, wherein the tube head has an opening by which a surrounding environment of the tube container is accessible from the container space of the tube container (paragraphs [0010-0011], [0017-0042], [0051-0052], [0056-0062] and Figs. 4-6).
JP2022-047775 does not disclose a packaging laminate comprising at least one first polymer layer arrangement and at least one second polymer layer arrangement, wherein the at least one first polymer layer arrangement comprises a polyolefin layer formed by a polyolefin film, a metal-based layer deposited on the polyolefin film, and a barrier material layer, wherein the barrier material layer comprises at least one of a vinyl alcohol polymer layer, a metal oxide layer, and a polymer layer filled with nanoparticles,
wherein the at least one second polymer layer arrangement comprises at least one
polymer layer, wherein at least one polymer layer of the at least one polymer layer of
the at least one second polymer layer arrangement is an extruded layer, wherein
each of the outermost layers on either side of the packaging laminate is formed by a
polymer layer, such that each exposed surface on opposing sides of the packaging
laminate is a polymer surface, wherein the packaging laminate has an overall oxygen transfer rate of not more than 0.5 cm³/(m²·d·bar) determined at 23°C and 75 % relative humidity according to DIN 53380-3, wherein at least one of the subsequent conditions of friction applies: i.) an exposed surface has a coefficient of friction with itself of less than 0.90 determined according to DIN EN ISO 8295, and ii.) an exposed surface has a coefficient of friction with a metal surface of less than 0.80 determined according to DIN EN ISO 8295.
Dabadie discloses a packaging laminate comprising at least one first polymer layer arrangement and at least one second polymer layer arrangement, wherein the at least one first polymer layer arrangement comprises a polyolefin layer formed by a polyolefin film, a metal-based layer deposited on the polyolefin film, and a barrier material layer, wherein the barrier material layer comprises at least one of a vinyl alcohol polymer layer, a metal oxide layer, and a polymer layer filled with nanoparticles,
wherein the at least one second polymer layer arrangement comprises at least one
polymer layer, wherein at least one polymer layer of the at least one polymer layer of
the at least one second polymer layer arrangement is an extruded layer, wherein
each of the outermost layers on either side of the packaging laminate is formed by a
polymer layer, such that each exposed surface on opposing sides of the packaging
laminate is a polymer surface, wherein the packaging laminate has an overall oxygen transfer rate of not more than 0.5 cm³/(m²·d·bar) determined at 23°C and 75 % relative humidity according to DIN 53380-3, wherein at least one of the subsequent conditions of friction applies: i.) an exposed surface has a coefficient of friction with itself of less than 0.90 determined according to DIN EN ISO 8295, and ii.) an exposed surface has a coefficient of friction with a metal surface of less than 0.80 determined according to DIN EN ISO 8295 (paragraphs [0002], [0004], [0031], [0036], [0039-0041], [0047], [0051-0054], [0057-0061], [0078-0079], [0084-0088]) in a packaging laminate for the purpose of providing improved transparency and/or barrier properties.
Therefore it would have been obvious a packaging laminate comprising at least one first polymer layer arrangement and at least one second polymer layer arrangement, wherein the at least one first polymer layer arrangement comprises a polyolefin layer formed by a polyolefin film, a metal-based layer deposited on the polyolefin film, and a barrier material layer, wherein the barrier material layer comprises at least one of a vinyl alcohol polymer layer, a metal oxide layer, and a polymer layer filled with nanoparticles,wherein the at least one second polymer layer arrangement comprises at least onepolymer layer, wherein at least one polymer layer of the at least one polymer layer of the at least one second polymer layer arrangement is an extruded layer, wherein each of the outermost layers on either side of the packaging laminate is formed by a polymer layer, such that each exposed surface on opposing sides of the packaging laminate is a polymer surface, wherein the packaging laminate has an overall oxygen transfer rate of not more than 0.5 cm³/(m²·d·bar) determined at 23°C and 75 % relative humidity according to DIN 53380-3, wherein at least one of the subsequent conditions of friction applies: i.) an exposed surface has a coefficient of friction with itself of less than 0.90 determined according to DIN EN ISO 8295, and ii.) an exposed surface has a coefficient of friction with a metal surface of less than 0.80 determined according to DIN EN ISO 8295 in JP2022-047775 in order to provide improved transparency and barrier properties as taught or suggested by Dabadie.
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 6, 2026
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