DETAILED ACTION
This is in response to communication received on 6/30/26.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The text of those sections of AIA 35 U.S.C. code not present in this action can be found in previous office actions dated 3/31/26.
Claim Rejections - 35 USC § 103
The claim rejection(s) under AIA 35 U.S.C. 103 as being obvious over Piwowar et al. US PGPub 20230151549A1 in view of Jeon et al. KR102006945B1 hereinafter JEON (translation provided), as evidenced by PubChem Compound Stearic acid amide MSDS by the National Library of Medicine hereinafter PUBCHEM on claim 1-9 are maintained. The rejection is repeated below for convenience.
As for claim 1, PIWOWAR teaches "The present invention relates to an article and a method for its preparation; the article comprises a cured polymeric film superposing paper or paperboard" (abstract, lines 1-3), i.e. a method.
PIWOWAR further teaches "applying onto paper or paperboard a dispersion composition comprising water, a dispersant, a base polymer" (paragraph 7) and "The base polymer comprises non-functionalized ethylene-co-alkene copolymers ... Preferred base polymers include ethylene-co-octene, ethylene-co-hexene, ethylene-co-butene copolymers, or mixtures thereof. Optionally the base polymer can also include functionalized ethylene copolymer comprising structural units of a C1-C12-alkyl acrylate or methacrylate; though preferably the base polymer has no functionalized ethylene copolymer comprising structural units of a C1 -C12-alkyl acrylate or methacrylate" (paragraph 17), i.e. a range that overlaps with a composition comprising an aqueous dispersion of poly-C2-C3-olefin particles, a dispersant. In the case where the claimed ranges "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); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d, 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
PIWOWAR is silent on a Cs-C25-alkyl primary fatty acid.
JEON teaches "The present invention relates to an eco-friendly recyclable waterproof coated paper" (paragraph 1, line 1 ).
JEON further teaches "In one embodiment of the present invention, the additive may further comprise a lubricant. The above lubricant may be any one or more mixtures selected from ... higher fatty acid amide" (paragraph 80, lines 1-3), and "Specific examples of the above-mentioned higher fatty acid esters include ... stearic acid amide (paragraph 80, lines 7-11) wherein, as evidenced by PUBCHEM, stearic acid amide is a C18-alkyl primary fatty acid.
JEON further teaches "The above lubricant may be included in the additive in an amount of 1 to 10 weight percent, but is not limited thereto. Lubricants within the above range have the advantage of improving the flowability of the waterproof coating layer, thereby enabling the production of a smooth coating layer'' (paragraph 80, lines 14-17).
It would have been obvious to one of ordinary skill in the art before the effective filing date to includes the stearic acid amide of JEON in the process of PIWOWAR such that it include a C5-C25-alkyl primary fatty acid because JEON teaches that including such a lubricant improves the flowability of a coating layer enabling the production of a smooth coating layer.
PIWOWAR teaches "and b) heating the composition to produce a cured film having a thickness in the range of 1 to 20 g/m2" (paragraph 8), i.e. b) drying the composition to form a coating having a coat weight in the range of from 1 g/m2 to 20 g/m2.
As for claim 2, PIWOWAR further teaches "applying onto paper or paperboard a dispersion composition comprising water, a dispersant, a base polymer" (paragraph 7).
PIWOWAR further teaches "Preferably, the concentration of the base polymer is preferably in the range of from 1, more preferably from 2, to 90, more preferably to 80, and most preferably to 75 weight percent, based on the weight of polymer solids in the dispersion" (paragraph 18, lines 7-11 ), i.e. a range that overlaps with the concentration of the polyolefin particles is in the range of from 40 to 95 weight percent. In the case where the claimed ranges "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); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d, 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
PIWOWAR further teaches "The concentration of the dispersant is preferably in the range of from 10, more preferably from 15 weight percent, more preferably from 25 weight percent, preferably to 40, more preferably to 30 weight percent, based on the weight of polymer solids in the dispersion" (paragraph 16, lines 8-12), i.e. a range that overlaps with the concentration of the dispersant is in the range of from 4 to 50 weight percent. In the case where the claimed ranges "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); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d, 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
PIWOWAR is silent on a C5-C25-alkyl primary fatty acid.
JEON teaches "The present invention relates to an eco-friendly recyclable waterproof coated paper" (paragraph 1, line 1).
JEON further teaches "In one embodiment of the present invention, the additive may further comprise a lubricant. The above lubricant may be any one or more mixtures selected from ... higher fatty acid amide" (paragraph 80, lines 1-3), and "Specific examples of the above-mentioned higher fatty acid esters include ... stearic acid amide" (paragraph 80, lines 7-11) wherein, as evidenced by PUBCHEM, stearic acid amide is a C18-alkyl primary fatty acid.
JEON further teaches "The above lubricant may be included in the additive in an amount of 1 to 10 weight percent, but is not limited thereto. Lubricants within the above range have the advantage of improving the flowability of the waterproof coating layer, thereby enabling the production of a smooth coating layer" (paragraph 80, lines 14-17), i.e. a range that overlaps with the concentration of the C5-C25-alkyl primary fatty amide is in the range of from 0.5 to 5 weight percent. In the case where the claimed ranges "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); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d, 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the stearic acid amide of JEON in the process of PIWOWAR such that it includes a C5-C25-alkyl primary fatty acid ... the concentration of the C5-C25-alkyl primary fatty amide is in the range of from 0.5 to 5 weight percent because JEON teaches that including such a lubricant improves the flowability of a coating layer enabling the production of a smooth coating layer.
As for claim 3, PIWOWAR further teaches "The dispersant is a copolymer with an acid value of 130 or less, comprising structural units of ethylene and a carboxylic acid monomer, such as methacrylic acid, or itaconic acid. Preferably the dispersant is a copolymer comprising structural units of ethylene and methacrylic acid (EMAA)" (paragraph 15, lines 1-6), i.e. wherein the dispersant is an ethylene-acrylic acid copolymer or a salt thereof, or an ethylene-methacrylic acid copolymer or a salt thereof.
PIWOWAR is silent on a C10-C24-alkyl primary fatty acid.
JEON teaches "The present invention relates to an eco-friendly recyclable waterproof coated paper" (paragraph 1, line 1).
JEON further teaches "In one embodiment of the present invention, the additive may further comprise a lubricant. The above lubricant may be any one or more mixtures selected from ... higher fatty acid amide" (paragraph 80, lines 1-3), and "Specific examples of the above-mentioned higher fatty acid esters include ... stearic acid amide" (paragraph 80, lines 7-11) wherein, as evidenced by PUBCHEM, stearic acid amide is a C18-alkyl primary fatty acid.
JEON further teaches "The above lubricant may be included in the additive in an amount of 1 to 10 weight percent, but is not limited thereto. Lubricants within the above range have the advantage of improving the flowability of the waterproof coating layer, thereby enabling the production of a smooth coating layer" (paragraph 80, lines 14-17), i.e. a range that overlaps with the concentration of the C5-C25-alkyl primary fatty amide is in the range of from 0.5 to 5 weight percent. In the case where the claimed ranges "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); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d, 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the stearic acid amide of JEON in the process of PIWOWAR such that it includes a C5-C25-alkyl primary fatty acid ... the C5-C25-alkyl primary fatty amide is a C10-C24-alkyl primary fatty amide because JEON teaches that including such a lubricant improves the flowability of a coating layer enabling the production of a smooth coating layer.
PIWOWAR teaches "and b) heating the composition to produce a cured film having a thickness in the range of 1 to 20 g/m2" (paragraph 8), i.e. wherein the composition is dried to form a coating with a coat weight in the range of from 5 g/m2 to 10 g/m2. In the case where the claimed ranges "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); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d, 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
As for claim 4, PIWOWAR is silent on a C10-C24-alkyl primary fatty acid.
JEON teaches "The present invention relates to an eco-friendly recyclable waterproof coated paper" (paragraph 1, line 1).
JEON further teaches "In one embodiment of the present invention, the additive may further comprise a lubricant. The above lubricant may be any one or more mixtures selected from ... higher fatty acid amide" (paragraph 80, lines 1-3), and "Specific examples of the above-mentioned higher fatty acid esters include ... stearic acid amide" (paragraph 80, lines 7-11) wherein, as evidenced by PUBCHEM, stearic acid amide is a C18-alkyl primary fatty acid and further in section 3.2.4 shows to have a melting point of 107°C or 109°C.
JEON further teaches "The above lubricant may be included in the additive in an amount of 1 to 10 weight percent, but is not limited thereto. Lubricants within the above range have the advantage of improving the flowability of the waterproof coating layer, thereby enabling the production of a smooth coating layer" (paragraph 80, lines 14-17).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the stearic acid amide of JEON in the process of PIWOWAR such
that it includes a C5-C25-alkyl primary fatty acid ... wherein the C10-C24-alkyl primary fatty amide is a C16-C22-alkyl primary fatty amide having a melting point in the range of from 50 °C to 115 °C because JEON teaches that including such a lubricant improves the flowability of a coating layer enabling the production of a smooth coating layer.
PIWOWAR further teaches "The base polymer comprises non-functionalized ethylene-co-alkene copolymers, wherein the weight-to-weight ratio of the structural units of ethylene to alkene is in the range of from 99.8:0.2, preferably from 99.7:0.3; and more preferably from 99.6:0.4; to 50:50, more preferably to 60:40; and most preferably to 65:35. Preferred base polymers include ethylene-co-octene, ethylene-co-hexene, ethylene- co-butene copolymers, or mixtures thereof" (paragraph 17, lines 1-8), i.e. wherein the poly-C2-C3-olefin particles are ethylene-C4-C10-a-olefin copolymer particles.
As for claim 5, PIWOWAR further teaches "The base polymer comprises nonfunctionalized ethylene-co-alkene copolymers, wherein the weight-to-weight ratio of the structural units of ethylene to alkene is in the range of from 99.8:0.2, preferably from 99.7:0.3; and more preferably from 99.6:0.4; to 50:50, more preferably to 60:40; and most preferably to 65:35. Preferred base polymers include ethylene-co-octene, ethylene-co-hexene, ethylene- co-butene copolymers, or mixtures thereof" (paragraph 17, lines 1-8), i.e. wherein the ethylene-C4-C10-a-olefin copolymer particles are ethylene-1-octene copolymer particles.
As for claim 6, PIWOWAR is silent on a C10-C24-alkyl primary fatty acid.
JEON teaches "The present invention relates to an eco-friendly recyclable waterproof coated paper" (paragraph 1, line 1).
JEON further teaches "In one embodiment of the present invention, the additive may further comprise a lubricant. The above lubricant may be any one or more mixtures selected from ... higher fatty acid amide" (paragraph 80, lines 1-3), and "Specific examples of the above-mentioned higher fatty acid esters include ... stearic acid amide" (paragraph 80, lines 7-11) wherein, as evidenced by PUBCHEM, stearic acid amide is a C18-alkyl primary fatty acid and further in section 3.2.4 shows to have a melting point of 107°C or 109°C.
JEON further teaches "The above lubricant may be included in the additive in an amount of 1 to 10 weight percent, but is not limited thereto. Lubricants within the above range have the advantage of improving the flowability of the waterproof coating layer, thereby enabling the production of a smooth coating layer" (paragraph 80, lines 14-17).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the stearic acid amide of JEON in the process of PIWOWAR such that it includes a C5-C25-alkyl primary fatty acid ... wherein the C10-C24-alkyl primary fatty amide is a C16-C22-alkyl primary fatty amide having a melting point in the range of from 50 °C to 115 °C, because JEON teaches that including such a lubricant improves the flowability of a coating layer enabling the production of a smooth coating layer.
PIWOWAR is also silent on poly-C2-C3-olefin particles are polypropylene particles.
JEON teaches "In one embodiment of the present invention, the polyolefin resin may be any one or more mixtures selected from a homopolymer obtained by polymerizing a monomer selected from ethylene, propylene, I-butene, 1-pentene, 1- hexene, 4-methyl-1-pentene, 1-heptene, 1- octene, 1-nonene, 1-decene, and 1- dodecene, or a copolymer obtained by polymerizing two or more monomers" (paragraph 20) and "polypropylene homopolymers and polypropylene copolymers are desirable for applications requiring heat resistance, such as instant noodles or hot coffee, as they can simultaneously provide waterproofing and heat resistance" paragraph 36, lines 7-9).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the polypropylene olefin particles of JEON in the process of PIWOWAR such that it includes the poly-C2-C3-olefin particles are polypropylene particles because JEON teaches that including such a olefin provides waterproofing and heat resistance.
As for claim 7, PIWOWAR is silent on a C10-C24-alkyl primary fatty acid.
JEON teaches "The present invention relates to an eco-friendly recyclable waterproof coated paper" (paragraph 1, line 1).
JEON further teaches "In one embodiment of the present invention, the additive may further comprise a lubricant. The above lubricant may be any one or more mixtures selected from ... higher fatty acid amide" (paragraph 80, lines 1-3), and "Specific examples of the above-mentioned higher fatty acid esters include ... stearic acid amide" (paragraph 80, lines 7-11) wherein, as evidenced by PUBCHEM, stearic acid amide is a C18-alkyl primary fatty acid and further in section 3.2.4 shows to have a melting point of 107°C or 109°C.
JEON further teaches "The above lubricant may be included in the additive in an amount of 1 to 10 weight percent, but is not limited thereto. Lubricants within the above range have the advantage of improving the flowability of the waterproof coating layer, thereby enabling the production of a smooth coating layer" (paragraph 80, lines 14-17).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the stearic acid amide of JEON in the process of PIWOWAR such that it includes a C5-C25-alkyl primary fatty acid ... wherein the C10-C24-alkyl primary fatty amide is a C16-C22-alkyl primary fatty amide having a melting point in the range of from 50 °C to 115 °C, because JEON teaches that including such a lubricant improves the flowability of a coating layer enabling the production of a smooth coating layer.
PIWOWAR is also silent on poly-C2-C3-olefin particles are poly(ethylenepropylene) copolymers particles.
JEON teaches "In one embodiment of the present invention, the polyolefin resin may be any one or more mixtures selected from a homopolymer obtained by polymerizing a monomer selected from ethylene, propylene, I-butene, 1-pentene, 1- hexene, 4-methyl-1-pentene, 1-heptene, 1- octene, 1-nonene, 1-decene, and 1- dodecene, or a copolymer obtained by polymerizing two or more monomers" (paragraph 20) and "polypropylene homopolymers and polypropylene copolymers are desirable for applications requiring heat resistance, such as instant noodles or hot coffee, as they can simultaneously provide waterproofing and heat resistance" paragraph 36, lines 7-9).
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the polypropylene olefin particles of JEON in the process of PIWOWAR such that it includes on poly-C2-C3-olefin particles are poly(ethylenepropylene) copolymers particles because JEON teaches that including such a olefin provides waterproofing and heat resistance.
As for claim 8, PIWOWAR further teaches "applying onto paper or paperboard a dispersion composition comprising water, a dispersant, a base polymer" (paragraph 7).
PIWOWAR further teaches "Preferably, the concentration of the base polymer is preferably in the range of from 1, more preferably from 2, to 90, more preferably to 80, and most preferably to 75 weight percent, based on the weight of polymer solids in the dispersion" (paragraph 18, lines 7-11 ), i.e. a range that overlaps the concentration of the poly-C2-C3-olefin is in the range of from 60 to 90 weight percent. In the case where the claimed ranges "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); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d, 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
PIWOWAR further teaches "The concentration of the dispersant is preferably in the range of from 10, more preferably from 15 weight percent, more preferably from 25 weight percent, preferably to 40, more preferably to 30 weight percent, based on the weight of polymer solids in the dispersion" (paragraph 16, lines 8-12), i.e. a range that overlaps with the concentration of the dispersant is in the range of from 9 to 40 weight percent. In the case where the claimed ranges "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); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d, 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
PIWOWAR is silent on a C5-C25-alkyl primary fatty acid.
JEON teaches "The present invention relates to an eco-friendly recyclable waterproof coated paper" (paragraph 1, line 1).
JEON further teaches "In one embodiment of the present invention, the additive may further comprise a lubricant. The above lubricant may be any one or more mixtures selected from ... higher fatty acid amide" (paragraph 80, lines 1-3), and "Specific examples of the above-mentioned higher fatty acid esters include ... stearic acid amide" (paragraph 80, lines 7-11) wherein, as evidenced by PUBCHEM, stearic acid amide is a C18-alkyl primary fatty acid.
JEON further teaches "The above lubricant may be included in the additive in an amount of 1 to 10 weight percent, but is not limited thereto. Lubricants within the above range have the advantage of improving the flowability of the waterproof coating layer, thereby enabling the production of a smooth coating layer" (paragraph 80, lines 14-17), i.e. a range that overlaps with the concentration of the C5-C25-alkyl primary fatty amide is in the range of from 1 to 4 weight percent. In the case where the claimed ranges "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); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d, 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the stearic acid amide of JEON in the process of PIWOWAR such that it includes a C5-C25-alkyl primary fatty acid ... the concentration of the C5-C25-alkyl primary fatty amide is in the range of from 1 to 4 weight percent because JEON teaches that including such a lubricant improves the flowability of a coating layer enabling the production of a smooth coating layer.
As for claim 9, PIWOWAR further teaches "applying onto paper or paperboard a dispersion composition comprising water, a dispersant, a base polymer" (paragraph 7).
PIWOWAR further teaches "Preferably, the concentration of the base polymer is preferably in the range of from 1, more preferably from 2, to 90, more preferably to 80, and most preferably to 75 weight percent, based on the weight of polymer solids in the dispersion" (paragraph 18, lines 7-11 ), i.e. a range that overlaps the concentration of the poly-C2-C3-olefin is in the range of from 60 to 90 weight percent. In the case where the claimed ranges "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); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d, 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
PIWOWAR further teaches "The concentration of the dispersant is preferably in the range of from 10, more preferably from 15 weight percent, more preferably from 25 weight percent, preferably to 40, more preferably to 30 weight percent, based on the weight of polymer solids in the dispersion" (paragraph 16, lines 8-12), i.e. a range that overlaps with the concentration of the dispersant is in the range of from 9 to 40 weight percent. In the case where the claimed ranges "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); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d, 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
PIWOWAR is silent on a C5-C25-alkyl primary fatty acid.
JEON teaches "The present invention relates to an eco-friendly recyclable waterproof coated paper" (paragraph 1, line 1 ).
JEON further teaches "In one embodiment of the present invention, the additive may further comprise a lubricant. The above lubricant may be any one or more mixtures selected from ... higher fatty acid amide" (paragraph 80, lines 1-3), and "Specific examples of the above-mentioned higher fatty acid esters include ... stearic acid amide" (paragraph 80, lines 7-11) wherein, as evidenced by PUBCHEM, stearic acid amide is a C18-alkyl primary fatty acid.
JEON further teaches "The above lubricant may be included in the additive in an amount of 1 to 10 weight percent, but is not limited thereto. Lubricants within the above range have the advantage of improving the flowability of the waterproof coating layer, thereby enabling the production of a smooth coating layer" (paragraph 80, lines 14-17), i.e. a range that overlaps with the concentration of the C5-C25-alkyl primary fatty amide is in the range of from 1 to 4 weight percent. In the case where the claimed ranges "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); In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d, 1362, 1365-66 (Fed. Cir. 1997). See MPEP 2144.05.
It would have been obvious to one of ordinary skill in the art before the effective filing date to include the stearic acid amide of JEON in the process of PIWOWAR such that it includes a C5-C25-alkyl primary fatty acid ... the concentration of the C16-C22-alkyl primary fatty amide is in the range of from 1 to 4 weight percent because JEON teaches that including such a lubricant improves the flowability of a coating layer enabling the production of a smooth coating layer.
Response to Arguments
Applicant's arguments filed 6/30/26 have been fully considered but they are not persuasive.
Applicant’s principal arguments are summarized and addressed below:
(a) Applicant argues that JEON's fatty amide lubricant address melt-flow behavior in extrusion coating, not the formation or performance of an aqueous polyolefin-particle coating as taught by PIWOWAR, as a result there is no suggestion or motivation to combine the teachings of PIWOWAR and JEON.
Examiner respectfully points out that PIWOWAR's compositions are also applied in extrusion coating. PIWOWAR teaches using extrusion coating in all their examples, both for their composition and comparative examples and are done with an extruder with temperature profiles that are above 100 degrees C (Examples 1-19). Applicant's statement and argument is entirely misleading because it ignores that melt-flow behavior in extrusion coating is a concern valid to the hot extrusion process of PIWOWAR. Instead, Applicant only relies on the quotation of PIWOWAR that discuss the composition, rather than the process the applies the composition in order to illustrate a difference between JEON and PIWOWAR that does not exist. PIWOWAR's aqueous dispersion is used in a hot extrusion process within the art, so how can these concepts be as incompatible as Applicant claims they are?
Applicant's argument cannot be considered persuasive as it does not consider all of the teachings of the art.
Conclusion
THIS ACTION IS MADE FINAL. 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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/KRISTEN A DAGENAIS/Examiner, Art Unit 1717
/Dah-Wei D. Yuan/Supervisory Patent Examiner, Art Unit 1717
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