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 I, Claim 1 in the reply filed on 2/11/26 is acknowledged.
Claims 2-7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/11/26.
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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Akai et al (US 2015/0225623 A1).
Akai teaches a non-oriented film (e.g., unstretched) comprising a substrate layer (e.g., base film) (para 101-107) and a sealant layer composed of a resin composition comprising 99 to 1 mass% (e.g, parts by mass) of a propylene-based polymer (A) (e.g., X), and 1 to 99 mass% (e.g, parts by mass) of a 1-butene/α-olefin copolymer (B) (e.g., Y), provided that a total of the propylene-based polymer (A) and the copolymer (B) is 100 mass% (e.g., wherein the total of the olefin polymer (X) and the 1- butene/α-olefin copolymer (Y) in the composition is 100 parts by mass) (para 12-13).
Akai further teaches wherein the propylene-based polymer (A) (e.g., X-1) has a melting point measured by differential scanning calorimetry of 120°C or higher and 150°C or lower, and contains greater than 50 mol % of a propylene-derived constitutional unit (e.g., polypropylene); and the copolymer (B) (e.g., Y) has a melting point measured by differential scanning calorimetry of lower than 120°C (e.g., preferably not more than 120°C ) and contains 99.9 to 70 mol % of a 1-butene-derived constitutional unit (e.g.., 1-butene) and 0.1 to 30 mol % of a constitutional unit derived from an α-olefin having 2 or 3 carbon atoms (e.g., ethylene or propylene) or 5 to 12 carbon atoms, provided that a total of the 1-butene-derived constitutional unit and the a-olefin-derived constitutional unit is 100 mol% (e.g., wherein the total of the 1-butene and the one or more α-olefins selected from ethylene, propylene and C5 to C12 olefins is 100 mol %) (para 34-39, 47, 57, 124).
Akai further teaches heat seal layers formed of the inventive composition containing the propylene polymer (X-1) are usually 1 µm to 20 µm (i.e., thickness) and, base layers are generally 10 to 1000 µm (i.e., thickness) (para 108).
All of the ranges suggested by Akai substantially overlap that of the instant claim. It has been held that overlapping ranges are sufficient to establish prima facie obviousness. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have selected from the overlapping portion of the range taught by Akai, because overlapping ranges have been held to establish prima facie obviousness (MPEP § 2144.05).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Kobayashi et al (US 2016/0369401 A1) teaches films and laminates that comprise polypropylene-based copolymers including 1-butene α-olefins (abstract; para 29, 36-37).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHAN L VAN SELL whose telephone number is (571)270-5152. The examiner can normally be reached Mon-Thur, Generally 7am-6pm.
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NATHAN VAN SELL
Primary Examiner
Art Unit 1783
/NATHAN L VAN SELL/Primary Examiner, Art Unit 1783
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