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 .
Terminal Disclaimer
The terminal disclaimer filed on 3/17/226 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of Application No. 18/382,647 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Claim Rejections - 35 USC § 103
Claim(s) 10 and 13-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Terada et al. (JP 2019-001915).
Note: citations refer to the machine translation of JP ‘915 filed by Applicant on 4/15/2026.
Regarding claims 10 and 13-14:
Terada discloses a polyamide resin composition comprising a polyamide resin (A) [present resin (a)], an ethylene-α-olefin copolymer (B) [present resin (b)], and an ethylene-α-olefin copolymer graft modified with an unsaturated carboxylic acid or its derivative (C) [abstract; 0009]. Terada further teaches the use of two different graft-modified polymers (C) [0045]. One graft-modified polymer (C) is considered to be the present compatibilizer (b2), and the other graft-modified polymer (C) is considered to be the present adhesive resin. The graft-modified polymer (C) has a MFR of 0.1-50 g/10 min at 190C and 2.16 kg [0044].
Terada teaches the amount of polyamide resin (A) is 51-95% by mass and the total amount of resin (B) and resin (C) is 5-49% by mass, wherein the amount of resin (C) is 20-100% by mass relative to the sum of resins (B) and (C) [0012]. The blending ratio of the two resins (C) is 1:10 to 10:1 [0047]. Such amounts result in relative amounts that overlap with the presently claimed range of compatibilizer (b2) and resin (a). For example, in 100 parts by mass of composition, there can be 51 parts of polyamide and 49 parts of resins (B) and (C), wherein 24.5 parts can be resins (C) (at 50%), wherein 12.25 parts can be the graft-modified resin (C) corresponding to compatibilizer (b2) (at 5:5 ratio), which equals about 24 parts of this latter resin (C) relative to 100 parts resin (A).
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to vary the MFR of a graft-modified polymer (C), including over values within the claimed range, to provide a polymer in accordance with Terada’s teachings and thereby arrive at the claimed feature. Additionally, before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to vary the relative amounts of each component, including the relative amounts of polyamide resin (A) and graft-modified polymer (C) falling within the claimed range, to provide a composition in accordance with Terada’s teachings and thereby arrive at the claimed invention. As set forth in MPEP 2144.05, in the case where the claimed range “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Allowable Subject Matter
Claims 1-9 and 11-12 are allowed.
The following is a statement of reasons for the indication of allowable subject matter:
Parkinson (US 2017/0348950) discloses a recyclable multilayer structure comprising a) a polyolefin layer, b) a tie (adhesive) layer, and c) a polar layer [abstract; 0002; 0013]. The polar layer comprises ethylene-vinyl alcohol (EVOH) or polyamide [0056]. The polyolefin layer comprises a polyolefin and a compatibilizer [0013; 0014; 0019]. The compatibilizer has a melt index of 300-1500 g/10min at 190C, 2.16 kg [0044]. The amount of compatibilizer is 1-35% by weight or 10-25% by weight of the layer [0023]. Parkinson discloses examples using a 1:1 ratio (i.e., 100 parts to 100 parts) of compatibilizer and polar polymer [0072; 0085].
Parkinson’s compatibilizer having a melt index of at least 300 g/10 min teaches away from the presently claimed range of 10-120 g/10 min.
As further discussed above, Terada (JP 2019-001915) discloses a polyamide resin composition comprising (A) a polyamide resin, an ethylene-α-olefin copolymer (B), and an ethylene-α-olefin copolymer graft modified with an unsaturated carboxylic acid or its derivative (C) [abstract; 0009].
Terada is silent with regard to a multilayer structure comprising layers (A), (B), and (C) as presently claimed.
Response to Arguments
Applicant’s arguments, see page 7 of Remarks filed 3/17/206, with respect to claims 1-14 have been fully considered and are persuasive. The rejections of the claims based on the disclosure of Parkinson (US 2017/0348950) has been withdrawn. See further discussion of the reference above. Rejections of claims 10 and 13-14 based on Terada (JP 2019-001915) remain.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/JOHN D FREEMAN/Primary Examiner, Art Unit 1787
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