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 .
Election/Restrictions
Applicant’s election without traverse of Group 1, Claims 1-9 and 14, in the reply filed on 05/26/2026 is acknowledged.
Claims 10-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group 2, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/26/2026.
The restriction has been made FINAL.
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.
Claim 1-4, 8, 9, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Larsson et al. (US 2020/0080263 A1) in view of Laiho et al. (US 2009/0004489 A1)
Regarding Claim 1, Larsson teaches a coated paperboard (Abstract) comprising a paperboard substrate (Paragraph 0016), a polyethylene-based barrier coating (Paragraph 0003, 0063), and a pigmented pre-coating arranged between the paperboard substrate and the barrier coating. (Paragraph 0007, 0063; Claim 1 of Larsson).
Larsson does not specifically teach the composition of the polyethylene-based barrier coating.
Laiho teaches a barrier coating comprising polyolefin (Abstract) suitable for use on paperboard. (Paragraph 0114). Laiho teaches the barrier coating comprises polyethylene, a polyolefin-based binder, and talc (Claim 1 of Laiho; Paragraph 0048). Laiho teaches the talc is present from 1 to 50 wt% of the dry polymer composition. (Paragraph 0046, 0065). This overlaps the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05) Laiho teaches this barrier coating has improved water-vapor transmission rate compared to conventional polyethylene-based barrier coatings. (Paragraph 0008). Thus, as Laiho teaches an improved polyethylene-based barrier coating over conventional barrier coatings for paperboard, it would have been obvious to one with ordinary skill to use the barrier coating composition of Laiho as the barrier coating in Larsson.
Regarding Claim 2, Larsson teaches the basis weight of the board measured through ISO 536 is 30 to 400 gsm. (Paragraph 0017). This overlaps the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05)
Regarding Claim 3, Laiho teaches the coat weight of the barrier coating can be 5 to 60 gsm. (Paragraph 0116). This overlaps the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05)
Regarding Claim 4, Laiho teaches the binder is polyethylene, as discussed above.
Regarding Claim 8, Larsson teaches the pre-coating comprises a binder and pigment. (Claim 1 of Larsson; Abstract).
Regarding Claim 9, Larsson teaches the binder in the pre-coating can be styrene-acrylate or styrene-butadiene copolymers. (Claim 1 of Larsson).
Regarding Claim 14, Laiho teaches the coat weight of the barrier coating can be 5 to 60 gsm. (Paragraph 0116). This overlaps the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. (MPEP §2144.05)
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Larsson and Laiho, in view of Aho et al. (US 6,531,196 B1)
Regarding Claim 5-6, Larsson teaches the paperboard substrate has a first side forming a top side and a second side forming a reverse side. (Claim 12 of Larsson).
Larsson does not specifically teach the barrier coating is formed on the top side and the reverse side of the paperboard substrate.
Aho teaches a coated paperboard with a pre-coat layer and a talc-containing barrier coating formed on the top side and the reverse side of the paperboard. (Fig. 4; Abstract). Aho teaches this structure allows the coated paperboard to used in structures such as frozen-food containers or disposable mugs, as the paperboard can protected by moisture from both side by the barrier coating (Column 5-6). Thus, it would have been obvious to one with ordinary skill in the art to apply the barrier coating to both the top and reverse sides of the paperboard of Larsson to allow better protection of the paperboard and allow the paperboard to be used for frozen-food containers or mugs.
Regarding Claim 7, Aho teaches a polyethylene-based layer can be the outer layer of the reverse side of the paperboard (Fig. 6-7). Aho teaches this polyethylene-based outer layer allows for heat sealing to form various packaging materials. (Column 3, Lines 65-65), which is also noted by Larsson. (Paragraph 0003). Thus, it would have been obvious to one with ordinary skill in the art to have a polyethylene-base layer being the outer layer on the paperboard of Larsson to ensure the paperboard can be heat-sealed for various types of packaging.
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Larsson and Laiho, in view of Koenig et al. (US 2016/0348318 A1).
Regarding Claim 5-6, Larsson teaches the paperboard substrate has a first side forming a top side and a second side forming a reverse side. (Claim 12 of Larsson).
Larsson does not specifically teach the barrier coating is formed on the top side and the reverse side of the paperboard substrate.
Koenig teaches it is conventional to apply a barrier coating to the top side and reverse side of a paperboard substrate, as this coating arrangement allows for a stable cup stock to be formed. (Paragraph 0002-0003). Thus, it would have been obvious to one with ordinary skill in the art to apply the barrier coating to the top and reverse sides of the paperboard of Larsson so the packaging could be used as a cup stock as taught by Koenig.
Regarding Claim 7, Larsson, Laiho and Koenig teaches outer layers are polyethylene-based layers; thus, the outer layer on the reverse side would be a polyethylene layer.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL ZHANG whose telephone number is (571)270-0358. The examiner can normally be reached Monday through Friday: 9:30am-3:30pm, 8:30PM-10:30PM.
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/Michael Zhang/Primary Examiner, Art Unit 1781
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