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 .
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.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
The preliminary amendments to the claims and specifications filed 09/26/2024 have been reviewed and accepted by the examiner.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Breese (US-20060177641).
Regarding claim 1, Breese teaches:
A stretched film ([0003] – [0004] and [0010]) comprising, in the following order:
a layer (a1) comprising an ethylene-based polymer (A) having a melt flow rate (190°C, 2.16 kg load) of 0.01 to 10 g/10 minutes and a density of 942 kg/m3 or higher as a main component ([0014] – [0015] and [0022]);
a layer (b) comprising an ethylene-based polymer (B) having a melt flow rate (190°C, 2.16 kg load) of 0.01 to 10 g/10 minutes and a density of 924 kg/m3 or lower as a main component ([0011], [0015] and [0022]); and
a layer (a2) comprising an ethylene-based polymer (A) having a melt flow rate (190°C, 2.16 kg load) of 0.01 to 10 g/10 minutes and a density of 942 kg/m3 or higher as a main component ([0014] – [0015] and [0022]).
Regarding claim 2, Breese teaches the limitations of claim 1, which claim 2 depends on. Breese further teaches:
not comprising a layer comprising a medium-density polyethylene having a density of 925 kg/m3 or higher and lower than 941 kg/m3 as a main component ([0022]), see the HDPE/LLDPE/HDPE embodiment.
Regarding claim 3, Breese teaches the limitations of claim 1, which claim 3 depends on. Breese further teaches:
wherein the ethylene-based polymer (B) has a density of 918 kg/m3 or lower ([0011]).
Regarding claim 4, Breese teaches the limitations of claim 1, which claim 4 depends on. Breese further teaches:
having a stretch ratio of 2.0 times or more ([0026]).
Regarding claim 5, Breese teaches the limitations of claim 1, which claim 5 depends on. Breese further teaches:
having a thickness of 5 pm to 1 mm ([0010]).
Regarding claim 6, Breese teaches:
A laminate comprising a layer composed of the stretched film according to claim 1 ([0023]) and [0032] – [0033]), see the rejection of claim 1 above.
Regarding claim 7, Breese teaches:
A package comprising a layer composed of the stretched film according to claim 1 ([0003], [0005] – [0006], and [0032]), see the rejection of claim 1 above.
Regarding claim 8, Breese teaches:
A method for producing a stretched film, comprising:
a step of stretching a laminate film ([0003] – [0004], [0023], and [0026]) having, in the following order, a layer (a1) comprising an ethylene-based polymer (A) having a melt flow rate (190°C, 2.16 kg load) of 0.01 to 10 g/10 minutes and a density of 942 kg/m3 or higher as a main component ([0014] – [0015] and [0022]);
a layer (b) comprising an ethylene-based polymer (B) having a melt flow rate (190°C, 2.16 kg load) of 0.01 to 10 g/10 minutes and a density of 924 kg/m3 or lower as a main component ([0011], [0015] and [0022]); and
a layer (a2) comprising an ethylene-based polymer (A) having a melt flow rate (190°C, 2.16 kg load) of 0.01 to 10 g/10 minutes and a density of 942 kg/m3 or higher as a main component ([0014] – [0015] and [0022]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adrien J Bernard whose telephone number is (571)272-1384. The examiner can normally be reached M-R, from 7:30a.m.-4:30p.m..
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/A.B./Examiner, Art Unit 1741 /JACOB T MINSKEY/Primary Examiner, Art Unit 1748
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