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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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.
Claim(s) 1-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ohman et al. (U.S. Pub. No. 2020/0407105).
Regarding claim 1: Ohman discloses a method for producing a laminated packaging material (via 10a, 10b, 10c) having a core module (via “core layer”), an inside module intended to face the interior of a packaging container (Fig. 3a; via inside of container 30a) formed by the packaging material, and an outside module intended to face the exterior of a packaging container formed by the packaging material (10), the method comprising:
providing a core module (10) comprising a primary bulk layer of paper or paperboard or other cellulose-based material,
providing a solid outside module comprising a secondary support layer of paper or paperboard or other cellulose-based material, and a first homogenous migration barrier layer or coating configured to preventing migration of mineral oil contaminants, wherein the migration barrier layer or coating is applied on at least one side of the secondary support layer, wherein at least the primary bulk layer is made of a non-virgin material, and laminating the solid outside module and an inside module to the core module, see for example (Figs. 1-2; via the shown core modules to form final laminated packaging 30 using 10a, 10b, and 10c).
Ohman may not specifically use the exact claimed materials, barriers, nor the way been arranged. However, it would have been obvious to one having ordinary skill in the art, before the effective filing date of applicant’s claimed invention, to have modified and/or substituted Ohman’s used material and barriers by another, since it has been held to be withing the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Further, in respect to positioning a specific layer at a specific side in respect to the core layer, it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70.
Regarding claim 2: wherein providing the solid outside module comprises the further step of applying the first migration barrier layer or coating to form a homogeneous layer onto the secondary support layer, see for example (Figs. 1-2; via the shown formed layer & paragraphs 0004 & 0093-0097; “gas barrier film”).
Regarding claim 3: wherein applying the first migration barrier layer or coating is performed by aqueous dispersion coating and subsequent drying (via “aqueous adhesive” and/or “aqueous composition”).
Regarding claim 4: further comprising providing the inside module comprising a gas barrier layer or coating (via “the package has barrier properties towards gases and vapours”),
Regarding claim 5: wherein the gas barrier layer or coating is a second homogenous migration barrier layer or coating configured to preventing migration of mineral oil contaminants (via “provide high quality, homogenous layers”).
Regarding claim 6: wherein the non-virgin material is made of up to 100 mass% from recycled material, the balance, i.e. the remainder of the material, being non-recycled material, see for example (paragraph 0079; “virgin and recycled fibers may be possible… and preferably 100 wt% of virgin fibers”).
Regarding claim 7: wherein laminating the outside module to the core module is performed such that the first migration barrier layer or coating is arranged between the primary bulk layer and the secondary support layer, see for example (Figs. 1-2; the shown layer arrangements).
Regarding claim 8: wherein laminating the outside module to the core module is performed such that the secondary support layer is arranged between the primary bulk layer and the migration barrier layer or coating, see for example (Figs. 1-2; the shown layer arrangements).
Regarding claim 9: Ohman may not specifically suggest that the primary bulk layer is made of a non-virgin material and wherein the secondary support layer is made of a virgin material.
However, it would have been obvious to one having ordinary skill in the art, before the effective filing date of applicant’s claimed invention, to have modified Ohman’s used material and barriers to use the primary bulk layer to be made of a non-virgin material and the secondary support layer to be made of a virgin material, since it has been held to be withing the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 10: Ohman discloses that the solid outside module is performed by applying the barrier layer or coating on only one, or both sides of the secondary support layer, (Figs. 1-2 & paragraphs 0004 & 0093-0097; “gas barrier film”).
Regarding claim 11: further comprising providing the solid inside module comprising a third support layer of paper or paperboard or other cellulose-based material, and a second migration barrier layer or coating configured to prevent migration of mineral oil contaminants on at least one side of the third support layer, see for example (Figs. 1-2; via the shown support layers).
Regarding claim 12: wherein providing the solid inside module comprises the further step of applying the second migration barrier layer or coating to form a homogeneous layer or coating onto the third support layer (Figs. 1-2; via the shown layers and barriers).
Regarding claim 13: wherein applying the second migration barrier layer or coating is performed directly on the third support layer or on an intermediate polymer film substrate, see for example (Figs. 1-2; and paragraphs 0004 & 0093-0097; “gas barrier film”).
Regarding claim 14: wherein applying the second migration barrier layer or coating is performed by aqueous dispersion or solution coating and subsequent drying (inherently the “gas barrier” performed as either solution coating or “aqueous adhesive” and/or “aqueous composition”).
Regarding claim 15: wherein laminating the inside module to the core module is performed such that the second migration barrier layer or coating is arranged between the third support layer and the primary bulk layer, (intended use limitations for the actual insdie and core modules not given much patentable weight).
Regarding claim 16: Ohman may not specifically suggest that the first and second migration barrier layers or coatings comprise one or more materials from the following group: ethylene vinyl-alcohol copolymers (EVOH), polyethylene vinyl-alcohol copolymers (PVOH), nanocrystalline cellulose (NCC), and microfibrillated cellulose (MFC).
However, it would have been obvious to one having ordinary skill in the art, before the effective filing date of applicant’s claimed invention, to have modified and/or substituted Ohman’s used material and barriers by another, comprise one or more materials from the following group: ethylene vinyl-alcohol copolymers (EVOH), polyethylene vinyl-alcohol copolymers (PVOH), nanocrystalline cellulose (NCC), and microfibrillated cellulose (MFC), since it has been held to be withing the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416.
Regarding claim 17: wherein laminating the outside module and the inside module to the core module is performed by extrusion lamination or wet lamination (inherently a use of wet laminate such as adhesive is used to performed the outside and/or core modules).
Regarding claim 18: a laminated packaging material is produced by the method according to claim 1, see for example (the shown packaging material of Figs. 1-2).
Regarding claim 19: a packaging container, made at least partly by a laminated packaging material according to claim 18, see for example (the final formed container or pouch out of the laminated packaging material shown by Figs. 1-2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SAMEH TAWFIK whose telephone number is (571)272-4470. The examiner can normally be reached Mon-Fri. 8:00 AM - 4:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Shelle Self can be reached at 571-272-4524. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SAMEH TAWFIK/Primary Examiner, Art Unit 3731
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