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 .
Specification
The disclosure is objected to because of the following informalities:
On page 2, line 19, the specification recites “PE/board/tie layer/barrier paper/metallization layer/PE”. It is unclear what is “PE”.
On page 2, line 20-21, the specification recites “the tie layer (PE)”. It is unclear what is “PE”.
The examiner respectfully submits that any amendment to the specification must be supported by the original specification in order to avoid issue of new matter. See MPEP 608.04(b).
Claim Objections
Claims 1,3, 4, 7, 8, and 14 are objected to because of the following informalities:
Claims recite “PHA”, “PHBV”, “PHBH”, “P(3HB4HB)” without setting forth full name of each of the claimed species. Full name of each of species should be recited in the claims in order to better characterize applicant’s invention.
Further, as to claim 7, insert “the” before “PHA” in the recitation “a solid content of PHA”.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As to claim 1, this claim recites “a microfibrillated cellulose layer, MFC layer”. It is unclear whether “MFC layer” corresponds to microfibrillated cellulose layer or additional claim element called “MFC layer”. For purpose of examination, this recitation is interpreted as “a microfibrillated cellulose (MFC) layer”.
Further, as to claim 1, this claim recites “the MFC layer having a grammage in a range of 20-100”. It is unclear what is the unit in which the grammage was measured (e.g. g/m2, lb/ft2 etc.).
Further, as to claims 1, this claim recites “a PHA, dispersion coated, primer layer coated”. It is unclear what is meant by this recitation. For purpose of examination, this recitation is interpreted as “a primer layer comprising polyhydroxyalkanoate (PHA) dispersion coated”. See 0022 of the published application referring PHA as polyhydroxyalkanoate.
Further, as to claim 1, this claim recites “P(3HB4HB), co-polymers of PHB, other homopolymers”. The meets and bonds of this limitation are unclear in view of the specification. Specifically, it is unclear what is meant by P(3HB4HB) (see also claim 4). Moreover, it is unclear what compounds are encompassed by the recitation “co-polymers of PHB” and “other homopolymers”.
Further, as to claim 1, this claim recites “a first primer layer”. It is unclear whether this primer layer refers to “a PHA, dispersion coated, primer layer” or additional primer layer.
As to claim 4, this claim recites “PHA coating protective layer”. It is unclear what is meant by this recitation. Specifically, it is unclear if applicant intends to claim a protective layer of polyhydroxyalkanoate (PHA).
As to claim 8, this claim at line 3 recites “40%”. It is unclear whether applicant intends to claim 40% by weight.
As to claim 14, this claim recites “PHA adhesive layer”. It is unclear what is meant by this recitation. Specifically, it is unclear if applicant intends to claim an adhesive layer of polyhydroxyalkanoate (PHA).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
“5 key benefits of PHA as a barrier coating for renewably packaging” from Kemira Oyj.
Francisco et al., “Development of a layered bacterial nanocellulose-PHBV composite for food packaging”
WO2014064335 A1 discloses a method of manufacturing biodegradable packaging material.
EP4556224 A1 discloses a method of manufacturing bio-based polymer beverage capsules.
Boswell et al. (US 20220112663 A1) discloses a biodegradable and recyclable barrier paper laminate.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANISH P DESAI whose telephone number is (571)272-6467. The examiner can normally be reached Mon-Fri 8:00 am ET to 4:30 PM ET.
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/ANISH P DESAI/ Primary Examiner, Art Unit 1788
July 24, 2026
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