DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. Applicant’s election without traverse of Group I, claims 1-12, 14, and 16-19, in the reply filed on July 20, 2026 is acknowledged. Claims 1-14 and 16-19 are pending of which claim 13 is withdrawn and claims 1-12, 14, and 16-19 are now under consideration.
Claim Rejections - 35 USC § 103
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 (i.e., changing from AIA to pre-AIA ) 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.
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.
3. Claims 1-7, 11, 12, 14, and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Garg et al. (US 2022/0064389 A1) in view of Lief et al. (US 2021/0147661 A1).
Garg et al. disclose a film (equivalent to the film of the claimed invention) comprising at least one sealing layer wherein at least one layer A of the sealing layer(s) comprises a polyethylene comprising moieties derived from ethylene and moieties derived from an α-olefin comprising 4 to 10 carbon atoms (equivalent to the ethylene copolymer of the claimed invention), having a density of ≥870 and ≤920 kg/m3, a fraction of material that is eluted in analytical temperature rising elution fractionation (a-TREF) at a temperature ≤30.0° C. of ≥5.0 wt %, a melt mass-flow rate, determined at 190° C. under a load of 2.16 kg in accordance with ASTM D1238 (2013) of ≥2.60 and ≤4.90 g/10 min. Such film allows for sealing of the film at a reduced temperature, whilst still providing a desirable seal strength, and a desirable hot-tack strength (indicating that the film can be used as an adhesive). The α-olefin comprising 4-10 carbon atoms may for example be selected from 1-butene, 1-hexene, 4-methyl-1-pentene, and 1-octene, such as from 1-butene, 1-hexene and 1-octene, preferably from 1-octene, preferably from 1-hexene or 1-octene, more preferably form 1-octene (meeting the limitations of claims 16 and 17). The polyethylene that is employed in the layer A of the film according to the present invention may for example comprise ≤30.0 wt % of (meeting the limitations of claim 3) moieties derived from an α-olefin comprising 4-10 carbon atoms, with regard to the total weight of the polyethylene. The layer A of the film according to the present invention may for example comprise >10.0 wt %, or >20.0 wt %, or >30.0 wt %, or >40.0 wt %, or >50.0 wt %, or >60.0 wt %, or >70.0 wt %, or >80.0 wt %, or >90.0 wt %, of the polyethylene, with regard to the total weight of the film. Alternatively, the film consists of or essentially consists of the polyethylene (meeting the limitations of claim 12 and 18). The layer A may for example have a thickness of 1-100 μm. In one of its embodiments, the film consists of the layer A.
[0045] The polyethylene may for example be produced via a solution polymerisation process, preferably by polymerisation of ethylene with 1-hexene and/or 1-octene. The polyethylene may for example be produced using a metallocene-type catalyst (metallocene catalyst are single site catalyst and hence meet the limitations of claim 5), preferably by polymerisation of ethylene with 1-hexene and/or 1-octene. Garg et al. also disclose a multilayer film structure comprising the disclosed film, wherein the film is positioned such in the arrangement of the multilayer film structure that at least one of the outer surfaces of the multilayer film structure is constituted by a layer A. Alternatively, the film is positioned such in the arrangement of the multilayer film structure that both the outer surfaces of the multilayer film structure are constituted by a layer A. The multilayer film structure may for example comprises 3-15 layers, preferably 3-11 layers, more preferably 3-7 layers. The multilayer film structure may for example comprise 3 layers, or ≤layers, or 7 layers and the multilayer film structure may for example have a thickness of 2-150 μm (meeting the limitations of claims 11 and 19). An article can be produced such that the film is sealed to a surface, wherein the article comprises the disclosed film or multilayer film structure and such an article may be a package for containing foodstuffs, or a package containing foodstuffs (meeting the limitations of claim 14) (See Abstract and paragraphs 0027-0057).
Garg et al. do not teach that their ethylene copolymer has a short chain branching ratio (SCBR) of > 0.85, a molecular weight distribution Mw/Mn of ≥ 2.0.
However, Lief et al. disclose ethylene-based polymers, and more particularly, polymers that have a large majority of their short chain branch content concentrated in the high molecular weight fraction of the polymer and that incorporation of comonomer short chain branches (SCBs) into polyethylene copolymers can be useful in customizing the properties of the polymer. For example, varying the SCBs can reduce polymer crystallinity and improve impact strength, but also can decrease polymer stiffness and polymer density. Lief et al. further teach that varying the SCB content can result in improved polymer properties, such as stress crack resistance and slow crack growth resistance. Generally, the polymers taught by Lief et al. are ethylene-based polymers, or ethylene polymers, encompassing homopolymers of ethylene as well as copolymers, terpolymers, etc., of ethylene and at least one olefin comonomer. Comonomers that can be copolymerized with ethylene often can have from 3 to 20 carbon atoms in their molecular chain. For example, typical comonomers can include, but are not limited to, propylene, 1-butene, 1-pentene, 1-hexene, 1-heptene, 1-octene, and the like, or combinations thereof. (See Abstract, paragraphs 0003, 0034, and 0035).
Accordingly, it would have been obvious to one having ordinary skill in the art to optimize the short chain branching ratio (SCBR) and the molecular weight distribution of the ethylene copolymers taught by Garg et al. given that Lief et al. specifically teach that the incorporation of comonomer short chain branches (SCBs) into polyethylene copolymers can be useful in customizing the properties of the polymer, such as polymer stiffness, stress crack resistance, and slow crack growth resistance.
4. Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Garg et al. (US 2022/0064389 A1) in view of Lief et al. (US 2021/0147661 A1) and Duisken et al. (US 2015/0352820 A1).
Garg et al. and Lief et al. do not teach that the multilayer film comprises a layer comprising a low-density polyethylene (LDPE).
However, Duisken et al. disclose that packaging systems for storing foodstuffs are often built up from a layer of thermoplastic, a carrier layer usually comprising cardboard or paper, an adhesion promoter layer, an aluminum layer and a further layer of plastic and “low-density polyethylene, LDPE” layers can be used in the production of such containers. (See Abstract and paragraphs 0001-0010).
Accordingly, it would have been obvious to one having ordinary skill in the art to use a low-density polyethylene (LDPE) layer in the multilayer structure taught by Garg et al. given that Duisken et al. teach that such layers are known to be used in food packaging.
Conclusion
5. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHEEBA AHMED whose telephone number is (571)272-1504. The examiner can normally be reached Monday-Thursday 7am-6pm.
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/SHEEBA AHMED/ Primary Examiner, Art Unit 1787
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