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 .
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.
Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Yoda et al. (JP 6716764 B1). Yoda et al. (US 2022/0324208 A1) is used as an English Translation.
Claim 1: Yoda teaches a laminated film comprises, in sequence, a layer A containing an ethylene polymer (A) containing 80 mol % or more of a structural unit derived from ethylene, a layer B containing an ethylene polymer (B) containing 70 mol % or more of a structural unit derived from ethylene and an inorganic filler, a layer C containing an ethylene polymer (C) containing 70 mol % or more of a structural unit derived from ethylene, at least one layer selected from the group consisting of a barrier layer and an adhesive layer, and a layer D containing an ethylene polymer (D) containing 70 mol % or more of a structural unit derived from ethylene (abstract). Yoda teaches the layer D further comprises an inorganic filler in an amount of less than 20 wt % [0084] which overlaps with the claimed range of not less than 0.5% and less than 25%. Yoda teaches the content of the ethylene polymer (D) in the layer D is 60 wt % or more [0083] which overlaps with the claimed range of not less than 75% and less than 99.5%. Yoda teaches the laminated film may comprise a single layer of either the barrier layer or the adhesive layer, or may be a multilayer including the barrier layer and the adhesive layer [0069]. Yoda teaches, as one aspect of the invention, the layers A, B and C can be a base layer; and layer D can be a sealant layer ([0017] and [0078]), but Yoda does not teach the laminated film further comprises the claimed layer E. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to duplicate/multiply the layer D, since it has been held that mere duplication/multiplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. One of the duplicated/multiplied layer D meets the claimed layer E.
Claim 2: Yoda teaches the density of the ethylene polymer (D) is 880-930 kg/m3 [0080] which overlaps with the claimed range of 880-910 kg/m3; and the melt flow rate (MRF) of the ethylene polymer (D) is 0.01-5 g/10min [0081]. Yoda teaches, as one aspect of the invention, the layers A, B and C can be a base layer; and layer D can be a sealant layer ([0017] and [0078]), but Yoda does not teach the laminated film further comprises the claimed layer E. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to duplicate/multiply the layer D, since it has been held that mere duplication/multiplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. One of the duplicated/multiplied layer D meets the claimed layer E.
Claim 3: Yoda teaches the density of the ethylene polymer (D) is 880-930 kg/m3 [0080] which overlaps with the claimed range of 910-930 kg/m3. Yoda teaches, as one aspect of the invention, the layers A, B and C can be a base layer; and layer D can be a sealant layer ([0017] and [0078]), but Yoda does not teach the laminated film further comprises the claimed layers E and F. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to duplicate/multiply the layer D, since it has been held that mere duplication/multiplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. One of the duplicated/multiplied layer D meets the claimed layer E, and another layer of the duplicated/multiplied layer D meets the claimed layer F.
Claim 4: Yoda teaches the layer D further comprises an ethylene polymer other than the ethylene polymer (D) [0083], but Yoda does not teach the density of the ethylene polymer other than the ethylene polymer (D). However, Yoda teaches the density of the ethylene polymer (A) is 930-970 kg/m3 [0028] and the density of the ethylene polymer (B) is 930-970 kg/m3 [0029]. It would have been obvious to a person of ordinary skill in the art before the effective filling date of the invention to combine the ethylene polymer (D) with either the ethylene polymer (A) or the ethylene polymer (B) as the ethylene polymer other than the ethylene polymer (D), and the motivation for combining would be, as Yoda suggested, to control rigidity of the film and filler acceptability of the layer ([0028] and [0029]).
Claim 5: Yoda teaches calcium carbonate, kaolin, metakaolin, hydrotalcite, mica, talc and fibrous basic magnesium sulfate particles as suitable examples of the inorganic filler in the laminated film [0057].
Claim 6: Yoda teaches the density of the ethylene polymer (A) is 930-970 kg/m3 [0028]; and the melt flow rate (MRF) of the ethylene polymer (A) is 0.01-3 g/10min [0033].
Yoda teaches the density of the ethylene polymer (B) is 930-970 kg/m3 [0029]; and the melt flow rate (MRF) of the ethylene polymer (B) is 3-25 g/10min [0034].
Yoda teaches the density of the ethylene polymer (C) is 880-930 kg/m3 [0030] which overlaps with the claimed not less than 900 kg/m3 and less than 970 kg/m3; and the melt flow rate (MRF) of the ethylene polymer (C) is 0.01-3 g/10min [0035].
Yoda teaches the density of the ethylene polymer (D) is 880-930 kg/m3 [0080] which overlaps with the claimed range of 900-930 kg/m3; and the melt flow rate (MRF) of the ethylene polymer (D) is 0.01-3 g/10min [0081].
Yoda teaches the density of the ethylene polymer (D) is 880-930 kg/m3 [0080]; and the melt flow rate (MRF) of the ethylene polymer (D) is 0.01-5 g/10min [0081] which overlaps with the claimed 0.01-3 g/10min. Yoda teaches, as one aspect of the invention, the layers A, B and C can be a base layer; and layer D can be a sealant layer ([0017] and [0078]), but Yoda does not teach the laminated film further comprises the claimed layer E. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to duplicate/multiply the layer D, since it has been held that mere duplication/multiplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. One of the duplicated/multiplied layer D meets the claimed layer E.
Claim 7: Yoda teaches the thickness of the layer A is 5 μm or more and 30 μm or less [0091]. Yoda teaches the thickness of the layer B is 10 μm or more and 60 μm or less [0092]. Yoda teaches the thickness of the layer C is 5 μm or more and 30 μm or less [0093].
Claim 8: Yoda teaches the thickness of the layer D is 20 μm or more and 100 μm or less [0100] which overlaps with the claimed not less than 10 µm and not more than 150 µm.
Yoda teaches, as one aspect of the invention, the layers A, B and C can be a base layer; and layer D can be a sealant layer ([0017] and [0078]), but Yoda does not teach the laminated film further comprises the claimed layer E. It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to duplicate/multiply the layer D, since it has been held that mere duplication/multiplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8. One of the duplicated/multiplied layer D meets the claimed layer E.
Claim 9: Yoda teaches the barrier layer comprises one or more compound selected from silicon oxide, alumina, spinel, an inorganic layered compound and a polyvinyl alcohol-based resin [0070].
Yoda teaches the adhesive layer comprises one or more compound selected from polyurethane-based adhesives, polyester-based adhesives, imine-based adhesives and titanate-based adhesives [0075].
Claim 10: Yoda teaches a method for producing the laminated film, wherein the method comprising a step of subjecting the base layer to a corona treatment on the layer C side [0089], but Yoda does not teach corona treating the layer D before laminating the layer D to the base layer. However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to corona-treat the layer D as well before the lamination step, and the motivation for the step of corona treating the layer D would be to activate the surface of the layer D which improves the laminate strength.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETELHEM SHEWAREGED whose telephone number is (571)272-1529. The examiner can normally be reached Monday -Friday 7am-4:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Ruthkosky can be reached at 571-272-1291. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
BS
February 24, 2026
/BETELHEM SHEWAREGED/
Primary Examiner
Art Unit 1785