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 .
Response to Amendment
The Examiner acknowledges the remarks and amendments filed on 3/18/26. Claims 19 and 20 are newly added. Claims 1, 11, and 15 have been amended. Claims 1-20 are pending.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1, 8, 11, 15, and 20 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Paul USPA_20100068534_A1.
1. Regarding Claims 1 and 20, Paul discloses a laminate (Abstract) made by applying an adhesive in-between a first substrate and second substrate (paragraph 0010); wherein said adhesive can comprise a pre-polymerized polyacrylate, a polyurethane (paragraphs 0023, 0024), and a crosslinker (paragraph 0039); wherein said polyurethane can be made from isophorone diisocyanate and/or dicyclohexylmethane-4,4'-diisocyanate (paragraph 0036) which corresponds to being aliphatic. The “formulations” described in the Examples (paragraph 0073) are suggestive of the adhesive blend being a miscible blend.
3. Regarding Claims 8, 11, and 15, Paul discloses having a glass transition temperature ranging from about -20°C to about -60°C. (paragraph 0031) and that its PU has a glass transition temperature ranging from about -30°C or less (paragraph 0033).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 2-7, 9, 12-14, and 16-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Paul USPA_20100068534_A1 A1, as applied to Claim 1, and in view of Mgaya USPA_20070088145_A1.
4. Regarding Claims 2, 3, 4, 5, 6, 7, 16, 17, and 18, Paul discloses its first substrate can be made of polyester (corresponds to claimed nylon) (Paul: paragraph 0012) with a thickness for both substrates ranging from 2 to 10 mils (0.0508 to 0.254 mm) (Paul: paragraph 0044).
5. However, Paul does not disclose the claimed second substrate being made from an HDPE/LDPE olefin blend.
6. Mgaya discloses the making of a multilayer film (para [0130]) wherein the substrates include nylon (para [0141], nylon) and polyethylenes (para [0141], polyethylene (including low density polyethylene (LOPE), medium density polyethylene (MOPE), high density polyethylene (HPDE), high molecular weight, high density polyethylene (HMW-HDPE), linear low density polyethylene (LLDPE), linear medium density polyethylene (LDPE)), by using an adhesive (para [0140], films to be coated or adhered to each other using adhesives) made of polyurethane (para [0146], adhesive
compositions include isocyanate functionalized polyurethane) and polyacrylate (para [0150], epoxy functionalized polyester acrylate) and a crosslinker (para (0133], crosslinking), wherein the films are tested (para [0140], materials chosen for individual layers in a laminate are selected to achieve specific desired combinations of properties, e. g., mechanical strength, tear resistance, elongation, puncture resistance.
7. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the second substrate, of Paul, by trying the use of blends of HDPE/LDPE, of Mgaya. One of ordinary skill in the art would have been motivated in doing so in order to obtain mechanical strength, tear resistance, elongation, and puncture resistance. It would therefore be expected for, Paul in view of Mgaya, to inherently meet the physical property limitations of instant Claims 2, 3, 4, 5, 6, 7, 16, 17, and 18.
8. Regarding Claim 9, Paul in view of Mgaya suggests a laminate of claim 1 as discussed. Paul further discloses wherein the adhesive is prepared by using various combinations of the polyacrylates and the polyurethanes (Table 2); but not particularly wherein the polyacrylate comprises 73 parts; the polyurethane comprises 123 parts; and the cross-linker comprises 4 parts. However, it would have been obvious to a person having ordinary skill in the art to modify the formulations listed by Paul so that it contains wherein the polyacrylate comprises 73 parts; the polyurethane comprises 123 parts; and the cross-linker comprises 4 parts; through routine experimentation, depending on final properties desired.
9. Regarding Claims 12-14, Paul in view of Mgaya suggests a laminate of claim 1 as discussed. Paul further discloses wherein the adhesive is prepared by using various combinations of the polyacrylates and the polyurethanes (Table 2); but not particularly wherein the polyacrylate comprises 34.7 parts; the polyurethane comprises 58.5 parts; and the cross-linker comprises 3.7 parts. However, it would have been obvious to a person having ordinary skill in the art to modify the formulations listed by Paul so that it contains wherein the polyacrylate comprises 73 parts; the polyurethane comprises 123 parts; and the cross-linker comprises 4, 9.2, or 4.6 parts; through routine experimentation, depending on final properties desired.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Paul USPA_20100068534_A1 in view of Mgaya USPA_20070088145_A1, as applied to Claim 9, and further in view of Mai USPA_20160046775_A1.
10. Regarding Claim 10, Paul in view of Mqaya does not disclose using an isocyanate as its crosslinker.
11. Mai discloses an adhesive formulation (abstract), comprising a polyurethane (para [0039], polymer can be a polyurethane) and a polyacrylate (para [0060], second polymer can be present which is a polyacrylate, and claim 10; adhesive composition
is a combination of polyurethane and polyacrylate); wherein the crosslinking agent is a isocyanate (para (0049], isocyanate is in the form of a solid particulate and functions as a crosslinking agent). As both Paul and Mai disclose adhesive formulations utilizing polyurethane and polyacrylate.
12. It would have been obvious to a person having ordinary skill in the art to use the isocyanate disclosed by Mai in the formulation disclosed by Paul in view of Mqaya; through routine experimentation, as it provides for an efficient crosslinking agent for later use (para [0095], stored to a later date to be further heat-activated lo cure (i.e. crosslink)).
Claim(s) 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Paul USPA_20100068534_A1 in view of Bai USPA_20200207903_A1.
13. Regarding Claim 19, Paul discloses a laminate (Abstract) made by applying an adhesive in-between a first substrate and second substrate (paragraph 0010); wherein said adhesive can comprise a pre-polymerized polyacrylate, a polyurethane (paragraphs 0023, 0024), and a crosslinker (paragraph 0039); wherein said polyurethane can be made from isophorone diisocyanate and/or dicyclohexylmethane-4,4'-diisocyanate (paragraph 0036) which corresponds to being aliphatic. The “formulations” described in the Examples (paragraph 0073) are suggestive of the adhesive blend being a miscible blend.
14. However, Paul does not disclose using a non-self-linking polyurethane.
15. Bai discloses aqueous polyurethane dispersion adhesive compositions that can be made from isophorone diisocyanate and/or diisocyanatodicyclohexylmethane (paragraph 0023) and goes on to say that a crosslinker can be added to said aqueous PU dispersion (paragraph 0043). The latter indicates that said PU is a non-self-linking PU. Bai discloses that its adhesive exhibits good barrier properties that are safe and provide efficiencies (paragraph 0005).
16. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the PU, of Paul, by trying the PU, of Bai. One of ordinary skill in the art would have been motivated in doing so in order to obtain an adhesive that contributes to having good barrier properties that are safe.
Response to Arguments
Applicant's arguments filed 3/18/26 have been fully considered but they are not persuasive.
Applicants state on Page 5 of their remarks that Paul does not disclose an aliphatic polyurethane.
The Examiner respectfully submits that Paul discloses a PU that can be made from isophorone diisocyanate and/or dicyclohexylmethane-4,4'-diisocyanate (paragraph 0036) which corresponds to being aliphatic.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/TAHSEEN KHAN/ Primary Examiner, Art Unit 1781 April 1, 2026