DETAILED ACTION
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.
Claims 1-7 and 9-13 are rejected under 35 U.S.C. 103 as being unpatentable over Figuly, WO 02/085983 A1, in view of Pfeiffer et al., US 2019/0161598 A1.
Regarding claim 1, Figuly teaches a resin composition comprising a poly(3-hydroxyalkanoate) copolymer (pg. 4, ln. 5-38, claims 1 and 4).
The teachings of Figuly differ from the present invention in that Figuly does not teach a lubricant in the form of a diester or triester of a monocarboxylic acid having at least 15 carbon atoms. Pfeiffer, however, teaches that lubricants made from the esterification of long-chain carboxylic acids such as montanic acid (ie, a carboxylic acid having more than 15 carbon atoms) with glycerol (ie, a trihydric alcohol) or ethane diol (ie, a dihydric alcohol) are commonly used in plastic processing to reduce adhesion between the composition and surfaces, and to lower friction forces during mixing or shaping ([0091]-[0092]). Pfeiffer teaches that the lubricant may be added in an amount of 0.2 to 2 percent by weight ([0093]). It would have been obvious to one of ordinary skill in the art to include a lubricant made from the esterification of glycerol or ethan diol and long-chain carboxylic acids such as montanic acid in an amount of 0.2 to 2 percent by weight in the resin of Figuly, as doing so would reduce adhesion between the composition and surfaces and lower friction forces during mixing or shaping, in accordance with the teachings of Pfeiffer.
Regarding claims 2-4, Pfeiffer teaches that the carboxylic acid may be montanic acid ([0092]), which is an aliphatic carboxylic acid having 28 carbon atoms.
Regarding claim 5, Pfeiffer teaches that the alcohol may be ethane diol, an alcohol with 2 carbon atoms.
Regarding claim 6, the use of ethane diol as the alcohol would result in a diester compound.
Regarding claim 7, Pfeiffer teaches that the lubricant can comprise metal salts of fatty carboxylic acids, including montanic acid ([0092]).
Regarding claim 9, Figuly teaches that the poly(3-hydroxyalkanoate) copolymer may comprise 3-hydroxybutyrate and additional hydroxyalkanoate units (pg. 4 ln. 15-30).
Regarding claim 10, Figuly teaches that the additional hydroxyalkanoate may be 3-hydroxyhexanoate (pg. 4, ln. 19-20).
Regarding claims 11-13, Figuly teaches that the resin composition may be formed into a molded article, including an extruded film or an injection molded article (pg. 8 ln. 12-17, pg. 9 ln. 3-5).
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.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Figuly and Pfeiffer et al., as applied above, and further in view of Cham et al, US 2022/0032586 A1.
Regarding claim 14, the teachings of Figuly differ from the present invention in that Figuly does not teach a printed layer on the product. Cham, however, teaches that products made from polyhydroxyalkanoates may feature an outermost printed layer to allow the product to feature graphics (Abstract, [0002], [0005]). It would have been obvious to one of ordinary skill in the art to provide the product of Figuly with a printed layer, as doing so would allow the product to display graphics.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Figuly and Pfeiffer et al., as applied above, and further in view of Dou, US 2010/0330382 A1.
Regarding claim 15, the teachings of Figuly differ from the present invention in that Figuly does not teach an inorganic vapor-deposited layer. Dou, however, teaches that products made from polyhydroxyalkanoates may feature a vapor-deposited aluminum layer to improve the product’s barrier properties ([0031]). It would have been obvious to one of ordinary skill in the art to apply a vapor-deposited aluminum layer to the product of Figuly, as doing so would improve the product’s barrier properties.
Conclusion
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/IAN A RUMMEL/Primary Examiner, Art Unit 1785