DETAILED ACTION
Notice of Pre-AIA or AIA Status
Claim(s) 1-19 is/are pending.
Claim(s) 1-19 is/are rejected.
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 .
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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(s) 10 is/are 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 pre-AIA the applicant regards as the invention.
Claim 10 is vague and indefinite because the phrase “the PHA resin more than 50 wt %” appears to be missing one or more words (e.g., “is”, “is in the amount of”, etc.) between the phrase “the PHA resin” and “more than 50 wt %”, and it is unclear whether this omission is intentional or accidental.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim(s) 6 is/are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 6 fails to further limit the amount of PLA based on the total weight of the outer layer.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103 (AIA )
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over:
• NODA ET AL (US 2002/0143136),
in view of POLYMER ALLOYS OF NODAX COPOLYMERS AND POLY(LACTIC ACID),
and in view of IWATA ET AL (US 2014/0088288),
and in view of JP 2008/155433 (UEKI-JP ‘433),
and in view of NATUREWORKS INGEO RESIN PRODUCT GUIDE (2017),
and in view of NISSENBAUM ET AL (US 2019/0152203),
and in view of DALIBEY ET AL (US 2020/0199354).
NODA ET AL ‘136 discloses biodegradable and/or compostable multi-layer films comprising:
• an optional outer first layer (e.g., comprising polylactic acid (PLA), etc.) (corresponding to the recited “second outer layer” of claims 18-19), wherein the composition of the optional outer first layer and the optional outer third layer can be the same (or different);
• a core second layer (corresponding to the recited “core layer”) comprising a blend of:
• 5-95 wt% (preferably 30-70 wt% of one or more polyhydroxyalkanoate (PHA) resin(s), wherein the PHA resin(s) comprise:
•a first random repeating monomer unit (RRMU) of structure (I) --
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136
371
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for example, R1=C1 alkyl (methyl) and n=1 (i.e., 3-hydroxybutyrate (3HB); etc.
• one or more second RRMUs of structure (II) or (III) --
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333
369
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for example, R2=C3 alkyl (ethyl) (i.e., 3- hydroxyhexanoate (3HH); etc.
wherein the PHA resin can be a blend of multiple PHA resins;
• 5-95 wt% (preferably 30-70 wt%) of a semi-crystalline polylactic acid (PLA) polymer (corresponding to the recited “non-PHA modifier X”), wherein the PLA polymer typically has a melting temperature (Tm) of about 80-190 °C (e.g., 160-175 °C, etc.);
• less than 50 wt% of other components, (e.g., other polymers such as polycaprolactone, etc.; slip / anti-block agents; pigments; fillers; nucleating agents; etc.);
• an optional outer third layer (e.g., PLA, etc.) (corresponding the recited “outer skin layer”), wherein the outer third layer can be heat-sealable (e.g., by incorporating lower melting polymer, etc.);
The multi-layer films have a typical overall thickness of 254 microns or less. Films containing the disclosed PHA / PLA blends exhibit improved or different performance properties (e.g., hardness/softness, brittleness/flexibility, toughness, processibility, optical properties, etc.) compared to PHA alone or PLA alone (entire document, paragraph 0011, 0014, 0017-0025, 0032, 0034, 0037-0045, 0049-0050, 0053-0062, 0073-0074, 0082, 0085, etc.) However, the reference does not specifically discuss PLA-containing outer layers containing polymeric modifiers.
POLYMER ALLOYS OF NODAX COPOLYMERS AND POLY(LACTIC ACID) discloses that it is well known in the art that poly(3-hydroxybutyrate-3-hydroxyhexanoate) (3HB-3HHx) copolymers (corresponding to the recited “PHA resin”; corresponding to the recited “semi-crystalline PHA resin” of claims 11-12) are crystallizable PHAs with crystallinity values of about 25-50% and Tm values up to about 175 °C. (Figure 2, etc.; page 269-271, etc.)
IWATA ET AL ‘288 provides evidence that poly(3-hydroxybutyrate-3-hydroxyhexanoate) (3HB-3HH) copolymers (corresponding to the recited “PHA resin”; corresponding to the recited “semi-crystalline PHA resin” of claims 11-12) with 3HH comonomer contents of 3-11 mol% are crystallizable PHA copolymers which can exhibit glass transition (Tg) temperatures of about 0 °C and melting points (Tm) between 140-165 °C (paragraph 0017-0018, 0029-0034, 0058-0061, etc.)
UEKI-JP ‘433 disclose that it is well known in the art to form biodegradable heat-sealable outer layers for multilayer biodegradable films from a blend comprising:
(i) 50-90 wt% of an aliphatic polyester resin (corresponding to the recited “polymeric blend Y”) (e.g., polybutylene succinate (PBS); polybutylene succinate adipate (PBSA); etc.);
(ii) 10-50 wt% of a polylactic acid (PLA) resin (e.g., PLA resin with Tm of about 150-170 °C; amorphous PLA resin with Tg of about 50-70 °C; etc.) with a melt flow rate (MFR) of about 1-20 g/10 min (190 C, 2.16 kg);
(iii) optional additives (e.g., but not limited to, lubricants, antiblocking agents, fillers, pigments, etc.)
(iv) optional modifying polymers (also corresponding to the recited “polymeric blend Y”));
wherein the biodegradable heat-sealable layer can exhibit transparency and has a typical thickness of 5-100 microns (paragraph 0014-0017, 0023, 0030, etc.).
NATUREWORKS INGEO RESIN PRODUCT GUIDE (2017) provides evidence that:
(i) commercially available crystalline PLA resins (i.e., Natureworks INGEO 4032D, 4043D, 4044D) have a Tm of about 145-170 ºC and a Tg of about 55-60 ºC;
(ii) commercially available amorphous PLA (i.e., Natureworks INGEO 4060D) generally has a Tg of 55-60 ºC.
(page 4, etc.)
NISSENBAUM ET AL ‘203 provides evidence that:
(i) commercially available PBSA resins can have a Tm of about 89.8 ºC and a Tg of about -45 ºC;
(ii) commercially available PCL resins can have a Tm of about 61 ºC and a Tg of about -60 ºC.
(Table 1a, etc.)
DALIBEY ET AL ‘354 discloses that it is well known in the art to incorporate biodegradation-promoting biological entities (e.g., enzymes, etc.) in biodegradable film compositions which enable plastic articles (e.g., films, etc. with haze values as low as 3%, etc.) made from biodegradable polyesters (e.g., PLA, PHA, PCL, PBS(A), etc.) to be composted under home composting conditions (e.g., OK Compost Home in accordance with Label TUV Austria; etc.). (paragraph 0008, 0020-0022, 0066-0069, 0075-0076, 0079-0083, 0109-0115, 0324-0326, )
Regarding claims 1-4, 6-7, 9-14, 18-19, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to utilize known modified PLA-containing heat-sealable layer compositions containing modifying polymers (corresponding to the recited “polymeric blend Y”) which provide useful combinations of transparency, impact resistance, and flexibility (as disclosed in UEKI-JP ‘433) to form the third PLA-containing outer layer (corresponding to the recited “outer skin layer”) in the multilayer films of NODA ET AL ‘136 in order to produce biodegradable laminates with useful, strength and heat-sealing characteristics for packaging applications.
Further regarding claims 1, 5, one of ordinary skill in the art would have incorporated effective amounts of known biodegradation-promoting additives as disclosed in DALIBEY ET AL ‘354 in the resins used to form one or more layers (e.g., the third PLA-containing outer layer (corresponding to the recited “outer skin layer”); etc.) in the multilayer films of NODA ET AL ‘136 in order to produce biodegradable, compostable multilayer films which are home-compostable under recognized industry standards (as represented by the recited “AS 5810-2010 standard”) -- i.e., by ensuring that the majority of each layer comprises resins which are: (i) inherently capable of being home-compostable under recognized industry standards (as represented by the recited “TUV-certified home compostable resins”); and/or (ii) are modified with known additives which promote biodegradation and/or compostability (as disclosed in DALIBEY ET AL ‘354) to be capable of being home-compostable under recognized industry standards (as represented by the recited “TUV-certified home compostable resins”).
Regarding claim 8, one of ordinary skill in the art would have selected the relative thickness of the third PLA-containing outer layer (corresponding to the recited “outer skin layer”); etc.) to be a minor portion of the overall thickness (as represented by the recited “an amount of about 1 to 25 wt % of the total weight of the core layer”) of the multilayer films of NODA ET AL ‘136 in order to obtain the heat-sealing properties desired for specific applications, while allowing the strength and other mechanical properties to be primarily dictated by the thicker core layer (e.g., heat-seal layers with thicknesses as low as 5 microns, as suggested in UEKI-JP ‘433).
Regarding claim 11-12, one of ordinary skill in the art would have utilized known and/or commercially available crystallizable PHA copolymers (e.g., 3HB-3HH copolymers, etc.) (as evidenced by POLYMER ALLOYS OF NODAX COPOLYMERS AND POLY(LACTIC ACID and IWATA ET AL ‘288) as the PHA resin component in the PHA / PLA-based second core layer (corresponding to the recited “core layer”) in the multilayer films of NODA ET AL ‘136 in order to produce biodegradable and/or compostable multilayer films with improved or modified performance properties (e.g., hardness / softness, brittleness / flexibility, toughness, processibility, optical properties, etc.) for specific applications or products (e.g., packaging materials, etc.).
Regarding claim 9, 13-14, one of ordinary skill in the art would have utilized known and/or commercially available PLA polymers (as evidenced by NATUREWORKS INGEO RESIN PRODUCT GUIDE (2017)) as the PLA component (corresponding to recited “non-PHA modifier X”) in the PHA / PLA-based second core layer (corresponding to recited “core layer”) in the multilayer films of NODA ET AL ‘136 in order to produce biodegradable and/or compostable multilayer films with improved or modified performance properties (e.g., hardness/softness, brittleness/flexibility, toughness, processibility, optical properties, etc.) for specific applications or products (e.g., packaging materials, etc.).
Regarding claim 15, one of ordinary skill in the art would have selected the compositions used to form the various layers in the multilayer films of NODA ET AL ‘136 to produce low haze, high transparency materials for specific packaging applications (e.g., by utilizing miscible blends for each layer; and/or minimizing the use of opacity-creating or haze-inducing additives in each layer; etc.).
Regarding claim 16, one of ordinary skill in the art would have utilized known film-forming processes e.g., orientation, followed by heat-setting and relaxation steps, etc.) and selected the film-forming process conditions (e.g., stretch ratios, heat-setting temperatures and times, relaxation temperatures and times, etc.) to produce non-shrinking multilayer films in accordance with NODA ET AL ‘136 with low shrinkage at elevated temperatures (as represented by 120 °C) in order to prevent distortion or wrinkling during heat-exposure (e.g., during heat-sealing operations, filling operations, etc.).
Regarding claim 17, one of ordinary skill in the art would have utilized known film-forming processes e.g., orientation, followed by heat-setting and relaxation steps, etc.) and selected the film-forming process conditions (e.g., stretch ratios, heat-setting temperatures and times, relaxation temperatures and times, etc.) to produce elongation-resistant (as represented by a elongation force greater than 10,000 g/in-mil) multilayer films in accordance with NODA ET AL ‘136 in order to prevent distortion or wrinkling during additional manufacturing processes (e.g., coating or printing operations, packaging forming operations, filling operations, heat-sealing operations, etc.).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
DOU ET AL (US 2010/0323196) disclose heat-sealable PLA-containing outer layers.
GUILLLAMOT ET AL (US 2022/0177697) and LAPRAY ET AL (US 2020/0339781) and LAPRAY ET AL (US 2020/0339784) and ALLEN ET AL (US 2020/0339803) and GUEMARD ET AL (US 2022/0227957) disclose polymer compositions containing additives which promote biodegradation and home compostability.
KARHUKETO (US 6,080,478) and WNUK ET AL (US 5,391,423) disclose laminates of biodegradable polymers.
JOHSON ET AL (US 2018/0118895) and KHEMANI ET AL (US 2003/0166779) and ANDREWS ET AL (US 2018/0334564) and MATSUMURA ET AL (US 5,464,689) and YABUSA ET AL (US 5,498,385) and WNUK ET AL (US 5,939,467) and ASRAR ET AL (US 6,191,203) and WONG ET AL (US 2015/0337094) and WHITEHOUSE (US 2004/0220355) disclose blends of biodegradable polymers.
DOU ET AL (US 2024/0066848) and DOU ET AL (US 2025/0058549) and DOU ET AL (US 2026/0001305) claim biodegradable multilayer films containing core layers containing PHA-dominant blends and outer skin layers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Vivian Chen (Vivian.chen@uspto.gov) whose telephone number is (571) 272-1506. The examiner can normally be reached on Monday through Thursday from 8:30 AM to 6 PM. The examiner can also be reached on alternate Fridays.
If attempts to reach the examiner by telephone are unsuccessful, the examiner's supervisor, Callie Shosho, can be reached on (571) 272-1123. The fax phone number for the organization where this application or proceeding is assigned is (571) 273-8300.
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May 16, 2026
/Vivian Chen/
Primary Examiner, Art Unit 1787
Prosecution Insights