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 .
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-5, 7, 10-14, and 16-21 is/are rejected under 35 U.S.C. 103 as being unpatentable Sakano WO_2022054887_A1 (see English equivalent: USPA_20230347631_A1).
1. Regarding Claims 1, 2, 11, 14, 16, 17, 18, Sakano discloses a multilayer structure comprising a layer (B) made of an ethylene-vinyl alcohol copolymer (corresponds to claimed barrier layer (A)) as a main component (Claim 1) having an ethylene unit content of 20 to 60 mol% (paragraph 0017) and a degree of saponification of 95 mol% or more (paragraph 0055). Sakano discloses using an adhesive layer having an adhesive resin for tying in said layer (B) (corresponding to claimed barrier layer (A)) with other layers mentioned below (paragraph 0080); thereby meeting the limitations of instant Claims 1 and 18. Sakano discloses also having a layer (C) made of a thermoplastic resin composition (corresponds to claimed thermoplastic resin layer (C)) that can comprise polyethylene (Abstract and paragraph 0067) and specifically can be low-density PE, medium-density PE, or high-density PE (paragraph 0067). The Examiner respectfully submits that even though Sakano does not explicitly mention the density of its PE, the fact that it allows for using low-to-high range PEs would suggest it can overlap with Applicants’ claimed range. Furthermore, Sakano discloses a layer (A) made of a polyolefin resin composition (corresponds to claimed heat-seal layer (D)) (Abstract) that has a density ranging from 0.83 to 0.90 g/cm3 (paragraph 0016). Sakano discloses that the arrangement of said multilayer structure can be its layer (B) (corresponds to claimed layer (A)) in between said layer (C) (corresponds to claimed layer (C)) and said layer (A) (corresponds to claimed layer (D)) (Abstract), thereby teaching the structural limitations of instant Claims 1 and 2. Sakano does not mandate that the melting point of its layers be greater than 200C (paragraphs 0013, 0014, 0025). Sakano also does not mandate the use of a metal layer having a thickness of greater than 1 micron (paragraph 0077). Given that Sakano teaches and/or suggests substantially the same product as being claimed by Applicants, it would be expected for it to have the same physical properties being claimed such as the ratio (H1/H2) of instant Claims 1, 11 as well as the transmission rates of instant Claim 14, elongation break of instant Claim 16, and strength at break of instant Claim 17.
2. Regarding Claim 3, Sakano discloses that its adhesive resin can be a carboxylic acid-modified polyolefin. A carboxylic acid-modified polyolefin is a modified olefin having a carboxyl group obtained by chemically bonding an ethylenically unsaturated carboxylic acid or an anhydride thereof to a polyolefin (paragraph 0080), which is the same as the adhesive resin stated in the instant specification. As such, it would be expected for it to have the same claimed acid value.
3. Regarding Claim 4, Sakano discloses its layer (C) (corresponding to claimed layer (C)) having an MFR of 0.1 to 20 g/10 min (paragraph 0069) while the MFR of its layer (A) (corresponding to claimed layer (D)) can range from 1 to 10 g/10 min (paragraph 0031).
4. Regarding Claim 5, Sakano discloses using low-density PEs (paragraph 0040) that are known to be obtained by polymerization of a carbon number of 6 or more.
5. Regarding Claim 10, Sakano discloses using multiple EVOH (paragraph 0140) with the properties mentioned above regarding saponification and ethylene units that would meet the claimed limitations.
6. Regarding Claims 12, 13, Sakano discloses a total thickness of 200 microns or less and the ratio of the thickness of said layer (B) (corresponds to claimed layer (A)) can range from 2 to 20% (paragraph 0097). Given that Sakano discloses that there are no particular restrictions to a thickness of each layer in the multilayer structure (paragraph 0097) it would be expected for one of ordinary skill in the art to vary the thickness of its layer (C) (corresponds to claimed layer (C)) according to end-user specifications.
7. Regarding Claims 19 and 20, Sakano discloses multiple structural embodiments that can have PE as an additional layer (paragraphs 0082-0090).
8. Regarding Claim 21, Sakano discloses using its invention as a packaging material (Title).
9. Regarding Claim 7, Sakano discloses using inorganic metal oxide (paragraph 0078). Although the claimed ppm and size is not disclosed, it is well-known in the art how to use such inorganic oxide particles.
Claim(s) 6, 8, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable Sakano WO_2022054887_A1 (see English equivalent: USPA_20230347631_A1), as applied to Claims 1-5, 7, 10-14, and 16-21, and further in view of Tai USPA_20120237747_A1.
10. Regarding Claim 6, Sakano does not disclose the claimed fatty acid amide and inorganic oxide particle.
11. Tai discloses a multilayered structure for packaging (Title and paragraph 0002) comprising thermoplastic and polyolefin layers (Abstract) that can use a dessicant dispersant in said layers (paragraph 0069) that contains a fatty acid amide (paragraph 00279) such as ethylene bisstearic acid amide (paragraph 0280) in an amount that can overlap with the claimed amount (paragraph 0283) and which would be expected to have the same claimed melting point. Tai discloses that said fatty acid amide can helpt with absorbing moisture (paragraph 0270).
12. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify said layer (A) (corresponds to claimed layer (D)), of Sakano, by using the afore-described fatty acid amide, of Tai. One of ordinary skill in the art would have been motivated in doing so in order to control moisture levels.
13. Regarding Claims 8 and 9, Sakano in view of Tai suggests using metal ions (Tai: paragraph 0122), such as alkali metal ions (Tai: paragraph 0124) and zinc, calcium ions (Tai: paragraph 0189) in a ppm concentration that overlaps with Applicants’ claimed range (Tai: Abstract).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAHSEEN KHAN whose telephone number is (571)270-1140. The examiner can normally be reached Mondays-Saturdays 08:00AM-10:00PM.
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/TAHSEEN KHAN/Primary Examiner, Art Unit 1781 July 2, 2026
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