DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 § 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.
2. Claims 7 and 8 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.
Claim 7 recites that “the at least two paper layers include only four paper layers” and claim 8 recites that “the at least two paper layers include only six paper layers.” It is unclear, from both the claims and the Specification what is meant by “the at least two paper layers include only four paper layers” and “the at least two paper layers include only six paper layers.”
Appropriate correction or clarification is required.
Claim Rejections - 35 USC § 102
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.
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.
3. Claims 1-11 and 16-21 are rejected under 35 U.S.C. 102(a)(1)/ 35 U.S.C. 102(a)(2) as being anticipated by Ohman et al. (US 2023/0405978 A1).
Ohman et al. disclose barrier-coated cellulose-based substrates (equivalent to the paper stock product of the claimed invention) and to a method of manufacturing such cellulose-based substrates, by dispersion coating of a barrier pre-coating on the substrate, and laminated packaging materials comprising the barrier-coated cellulose-based substrates. The laminated packaging material may further comprise a first outermost liquid tight, heat sealable polyolefin layer and a second innermost liquid tight, heat sealable polyolefin layer. The barrier layer pre-coating material comprises a polymer selected from the group consisting of starch, modified starch and cellulose ethers which provide improved barrier properties to a laminated packaging material comprising it, and may also impart to it improved recyclability and sustainability profile. The preferred barrier pre-coating compositions are thus based on the two most common types of polymers and copolymers suitable for dispersion coating, based on vinyl alcohol monomers, i.e. polyvinyl alcohol (PVOH) and ethylene vinyl alcohol (EVOH). Preferably, the gas barrier polymer is PVOH, because it provides good film formation properties, gas barrier properties, cost efficiency, food compatibility and odor barrier properties. A further possible additive in the barrier pre-coating composition may be a polymer or compound with functional carboxylic acid groups, to improve the water vapor and oxygen barrier properties of a PVOH coating. Suitably, such polymers with functional carboxylic acid groups is selected from among ethylene acrylic acid copolymer (EAA) and ethylene methacrylic acid copolymers (EMAA) or mixtures thereof. In one embodiment, such a barrier layer mixture may essentially consist of PVOH, EAA and an inorganic laminar compound (equivalent to the at least one coating layer disposed over at least one of the at least two paper layers and comprising a first coating material; and a second coating material of differing material composition from the first coating material and meeting the limitations of claim 11). The base layer pre-coating should be coated directly onto, and adjacent, the paper or cellulose-based substrate. A carton-based laminated packaging material for liquid food packaging may thus comprises a bulk layer of paper or paperboard, a first outermost, protective material layer, a second innermost liquid tight, heat sealable material layer, and, arranged on the inner side of the bulk layer of paper or paperboard, towards the inside of a packaging container made from the packaging material, between the bulk layer and the second innermost liquid tight, heat sealable material layer, said barrier-coated paper or cellulose-based substrate. The carton-based laminated packaging material may comprise a bulk layer of paper or paperboard, a first outermost liquid tight, heat sealable polyolefin layer, a second innermost liquid tight, heat sealable polyolefin layer and, arranged on the inner side of the bulk layer of paper or paperboard, towards the inside of a packaging container made from the packaging material, between the bulk layer and the innermost layer, said barrier-coated paper or cellulose-based substrate. The barrier-coated paper or cellulose-based substrate may be bonded to the bulk layer by an intermediate adhesive, or thermoplastic polymer bonding layer, thus binding the un-coated surface of the barrier-coated paper to the bulk layer. According to an embodiment the bonding layer is a polyolefin layer, such as in particular a layer of a polyethylene-based polyolefin copolymer or blend, including in the majority ethylene monomer units. The bonding layer may be binding the bulk layer to the barrier-coated cellulose-based substrate by melt extrusion laminating the bonding polymer layer between a web of the bulk layer and a web of the cellulose-based substrate and simultaneously pressing the three layers together while being forwarded through a lamination roller nip, thus providing a laminated structure by extrusion lamination. In another embodiment, the barrier-coated cellulose-based substrate may be bonded to the bulk layer by wet application of an aqueous dispersion of an adhesive composition comprising an adhesive polymer binder onto one of the web surfaces to be laminated, and pressing the two paper webs together while they are forwarded through a lamination roller nip, thus providing a laminated structure by wet lamination. The moisture of the aqueous adhesive composition is absorbed into the fibrous cellulose network of the two paper layers, and partly evaporating with time, during the subsequent lamination processes. There is thus no need for a forced drying step. The adhesive polymer binder is selected from the group consisting of acrylic polymers and copolymers, starch, cellulose and polysaccharide derivatives, polymers and copolymers of vinyl acetate and vinyl alcohol. For best possible environmental and sustainability profile, adhesive binders originating from plants or non-fossil sources are preferred. According to an alternative embodiment, suitable bonding or tie layers in the interior of the laminated material (equivalent to the one or more adhesive layers of the claimed invention and meting the limitations of claim 9 and 10), such as for example between the bulk or core layer and the barrier-coated cellulose-based substrate, or between the outer heat sealable layer and the barrier-coated paper substrate, are also so-called adhesive thermoplastic polymers, such as modified polyolefins, which are mostly based on LDPE or LLDPE co-polymers or, graft co-polymers with functional-group containing monomer units, such as carboxylic or glycidyl functional groups, e.g. (meth)acrylic acid monomers or maleic anhydride (MAH) monomers, (i.e. ethylene acrylic acid copolymer (EAA) or ethylene methacrylic acid copolymer (EMAA)), ethylene-glycidyl(meth)acrylate copolymer (EG(M)A) or MAH-grafted polyethylene (MAH-g-PE). Another example of such modified polymers or adhesive polymers are so called ionomers or ionomer polymers. Preferably, the modified polyolefin is an ethylene acrylic acid copolymer (EAA) or an ethylene methacrylic acid copolymer (EMAA). Example 1 is directed to two different paper substrates (equivalent to the two paper layers of the claimed invention) of the type suitable for greaseproof wrapping, coated with base layer pre-coatings and/or barrier pre-coating layers. Subsequently the coated paper substrates were laminated into packaging laminate structure. The laminated packaging material comprising the barrier-coated cellulose-based substrate, further comprises a first outermost protective material layer which may be transparent, to enable visibility of a printed décor pattern (meeting the limitations of claim 18) on the outside of the bulk layer. It may also comprise a polyolefin polymer or be made of a polyolefin polymer. (See Abstract and paragraphs 0023, 0028, 0029, 0045, 0046, 0050, 0051, 0058, 0081-0087, 0091-0107).
With regards to claims 2-6, the use of "recycled" materials is not a patentable distinction, as it merely goes to the source of the materials and is not a distinctive structural feature.
With regards to claim 16, Ohman et al. do not teach that their disclosed coating layer emits 4-vinylcylcohexene (4-VCH).
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.
4. Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Ohman et al. (US 2023/0405978 A1) in view of Cooper (US 7767294 B2).
Ohman et al., as discussed above, fail to teach that the coating material comprises ethylene-methacrylic acid in a polyurethane emulsion or rosin.
However, Cooper discloses a primer coating to enhance adhesion of liquid toner to substrates for printing. The primer coating is water-based and includes a dispersion of a copolymer of ethylene and acrylic or methacrylic acid, and a compatible adhesion enhancer selected from an aliphatic polyurethane dispersion, a hydrogenated hydrocarbon rosin or rosin ester dispersion, and an amorphous acrylic polymer dispersion. The primer coating provides good liquid toner adhesion and is stable and easy to handle over a wide range of temperatures and has an extended shelf life. (See Abstract and Column 1, lines 60-68).
Accordingly, it would have been obvious to one having ordinary skill in the art to use a dispersion of a copolymer of ethylene and acrylic or methacrylic acid, and a compatible adhesion enhancer selected from an aliphatic polyurethane dispersion or a hydrogenated hydrocarbon rosin or rosin ester dispersion, in the coated paper taught by Ohman et al. given that Cooper teaches that such coatings provide good liquid toner adhesion, are stable and easy to handle over a wide range of temperatures and have an extended shelf life.
5. Claims 14 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ohman et al. (US 2023/0405978 A1) in view of
Ohman et al., as discussed above, fail to teach that the coating material comprises vinyl formamide (VFA).
However, Pfohl et al. discloses water-soluble copolymers containing N-vinyl formamide wherein the copolymers are used in papermaking to increase the dry strength and wet strength of the paper. (See Abstract).
Accordingly, it would have been obvious to one having ordinary skill in the art to use water-soluble copolymers containing N-vinyl formamide in the coated paper taught by Ohman et al. given that Pfohl et al. teaches that water-soluble copolymers containing N-vinyl formamide can be used in papermaking to increase the dry strength and wet strength of the paper.
6. Claims 22-24 are rejected under 35 U.S.C. 103 as being unpatentable over Ohman et al. (US 2023/0405978 A1) in view of
Ohman et al., as discussed above, fail to teach that their coated paper is used as a gift card with a magnetic strip.
However, Starkey discloses a card, such as a gift card, that includes a machine-readable component. The card is formed of a paper or paper/film laminate material that is compostable, thereby forming a degradable product. Starkey teaches that paper products form compostable laminates and can be used as a substitute for plastic in products such as gift cards. The disclosed card includes a machine-readable component, such as a readable magnetic strip or a bar code, on at least one side. Suitable magnetic strips or bar codes can be both writeable and readable by currently available equipment. The card is desirably coated on at least one side with the film laminate material. The film laminate material preferably comprises a bio-based film, a bio-polymer material, a cellulose film and/or an organic-based film. According to a preferred embodiment, the card includes a base layer, a film laminate material, and a machine-readable component. The card is preferably formed of paper or a paper/film laminate material that is compostable, thereby forming a degradable product. (See Abstract and paragraphs 0003, 0007, 0008, 0014, 0017, and 0019).
Accordingly, it would have been obvious to one having ordinary skill in the art to use the coated paper taught by Ohman et al. as a gift card given that Starkey teaches that paper or a paper/film laminate material can be used as gift card to provide a compostable and degradable product.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHEEBA AHMED whose telephone number is (571)272-1504. The examiner can normally be reached Monday-Thursday 7am-6pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CALLIE SHOSHO can be reached at 571-272-1123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/SHEEBA AHMED/Primary Examiner, Art Unit 1787
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