Office Action 2: Notice of Allowance (2025-08-15)

CLAIMS:
IN THE CLAIMS

This listing of claims replaces all prior versions and listings of claims in the application.

1\. (Currently Amended) A supercalendered kraft paper suitable for use as a substrate layer of an industrial release liner for adhesive labels, the supercalendered kraft paper comprising - a basis weight in the range of 50 to 70 g/m2, when determined according to ISO 536, and
\- a fiber furnish determinable with standard ISO 9184-4 in conjunction with standard ISO 9184-1, the fiber furnish comprising o bleached hardwood kraft pulp,o bleached softwood kraft pulp and o bleached chemithermomechanical pulp,
o wherein the fiber furnish has an average length weighted fiber length in the range of 0.90 to 1.14 mm, when determined according to ISO 16065-2: 2014,
such that the supercalendered kraft paper contains - the bleached chemithermomechanical pulp in an amount equal to or higher than 5 wt.% and the bleached softwood kraft pulp in an amount equal to or higher than 15 wt.%, when determined as dry matter content of the paper according to SCAN-P 39:80, the supercalendered kraft paper thereby having - a tear index in the cross direction of the paper higher than 5 mNm2/g, when determined according to ISO 1974,
\- a transparency level equal to or higher than 40%, when determined according to ISO 2469 and - a density in the range of 1040 to 1140 kg/m3, when determined according to ISO 534.

2\. (Currently Amended) A method of manufacturing supercalendered kraft paper suitable for use as a substrate layer of an industrial release liner for adhesive labels, the method comprising - mixing together o bleached hardwood kraft pulp,o bleached softwood kraft pulp, and
o bleached chemithermomechanical pulp,

o wherein the fiber furnish has an average length weighted fiber length in the range of 0.90 to 1.14 mm, when determined according to ISO 16065-2: 2014,
such that a pulp mixture is obtained, which has a fiber furnish determinable with standard ISO 9184-4 in conjunction with the standard ISO 9184-1,
\- forming a paper web from the pulp mixture on a paper machine,
\- reducing moisture content of the paper web in a press section,
\- drying the paper web in a drying section, thereby forming paper, and
\- calendering the paper,
\- such that a supercalendered kraft paper is obtained having a basis weight in the range of 50 to 70 g/m2, and which contains the bleached chemithermomechanical pulp in an amount equal to or higher than 5 wt.% and the bleached softwood kraft pulp in an amount equal to or higher than 15 wt.%, when determined as dry matter content of the paper according to SCAN P 39:80,
the supercalendered kraft paper thereby having - a tear index in the cross direction of the paper higher than 5 mNm2/g, when determined according to ISO 1974,
\- a transparency level equal to or higher than 40%, when determined according to ISO 2469 and - a density in the range of 1040 to 1140 kg/m3, when determined according to ISO 534.

3\. (Previously Presented) The method according to claim 2, wherein upon mixing, the bleached chemithermomechanical pulp has a Schopper-Riegler number in the range of 25 to 55, when determined according to ISO 5267-1.

4\. (Cancelled)

5\. (Previously Presented) The paper according to claim 1, wherein the fiber furnish has an average fiber width in the range of 22 to 25 micrometers, when determined according to ISO 16065-2: 2014.

6\. (Previously Presented) The paper according to claim 1, wherein the supercalendered kraft paper contains the bleached softwood kraft pulp in an amount in the range of 15 to 65 wt.%, when determined as dry matter content of the paper according to SCAN-P 39:80.

7\. (Previously Presented) The paper according to claim 1, wherein the supercalendered kraft paper contains the bleached chemithermomechanical pulp in an amount in the range of 5 to 50 wt.%, when determined as dry matter content of the paper according to SCAN-P 39:80.

8\. (Currently Amended) The paper according to claim 1, the bleached chemithermomechanical pulp comprising fibers from softwood, the softwood being a coniferous tree, ,, .

9\. (Currently Amended) The paper according to claim 1, the bleached chemithermomechanical pulp comprising fibers from hardwood, the hardwood being a broadleaved tree, ,, .

10\. (Previously Presented) The paper according to claim 1, wherein the share of softwood fibers in the bleached chemithermomechanical pulp is in the range 10 to 60 wt.%, when determined as dry matter content of the bleached chemithermomechanical pulp according to SCAN-P 39:80.

11\. (Previously Presented) The paper according to claim 1, wherein the basis weight of the paper is in the range of 52 to 68 g/m2, when determined according to ISO 536.

12\. (Previously Presented) The paper according to claim 1, wherein the supercalendered kraft paper has a transparency in the range of 40 to 56%, when determined according ISO 2469.

13\. (Previously Presented) The paper according to claim 1, the supercalendered kraft paper comprising CIE L\*, a\*, b\* colour space coordinate values, wherein - L\* is in the range of 92 to 98,

\- a\* is in the range of -4 to +2, and
\- b\* is in the range of +5 to +11,
when determined by means of diffuse reflectance method with the elimination of specular gloss, using 2° standard observer, in accordance with ISO 5631-1:2015(en).

14\. (Previously Presented) The paper according to claim 1, wherein the supercalendered kraft paper has a density in the range of 1040 to 1120 kg/m3, when determined according to ISO 534.

15\. (Previously Presented) The paper according to claim 1, wherein the fiber furnish of the supercalendered kraft paper has a water retention value in the range of 1.50 to 1.90 g/g, when determined according to ISO 23714:2014 from a sample having a dry matter content of 1 gram.

16\. (Previously Presented) The paper according to claim 1, the fiber furnish comprising - bleached hardwood kraft pulp in an amount equal to or less than 35 wt.%,
\- bleached softwood kraft pulp in an amount equal to or higher than 15 wt.% and - bleached chemithermomechanical pulp in an amount equal to or higher than 35 wt.%,when determined as dry matter content of the paper according to SCAN-P 39:80.

17\. (Cancelled)

18\. (Previously Presented) A release liner comprising a substrate layer and a release coating, wherein the substrate layer is a supercalendered kraft paper according to claim 1, which comprises a primer coating applied on at least one side of the supercalendered kraft paper.

OFFICE ACTION:
Notice of Allowability
Reasons for Allowance
The following is an examiner’s statement of reasons for allowance: The closest prior art was ANTILLA in view of ANTILLA II.  The Examiner found convincing the applicant’s arguments regarding length-weighted average fiber length and tear value [Applicant’s arguments 6/24/2025 pg.9 par. 1, 4 and 5].  Neither of these were explicitly disclosed in the prior art for a supercalendered paper with a mix of BCTMP, and bleached hard/softwood kraft.  An additional art, EP 4,310,249 SANTMARTI, did teach a fiber length of 0.9 to 1.1 mm (900 and 1,100 micrometers), with the wood comprising bleached kraft and BCTMP.  However, the refence did not state whether this was average fiber length or length-weighted average fiber length (these ae two different ways of measuring fiber length in the pulp and paper industry along with weight-weighted average fiber length).
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee.  Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion

APPLICANT REBUTTAL: REMARKSClaims 1-18 are pending in the present Application. Claims 4 and 17 have been cancelled; and Claims 1, 2, and 8-9 have been amended, leaving Claims 1-3, 5-16, and 18 for consideration upon entry of the present Amendment.Reconsideration and allowance of the claims are respectfully requested in view of the above amendments and the following remarks.Amendments to the Claims Claim 1 and 2 have been amended to include the limitations of claims 4 and 17.Claim Rejections Under 35 U.S.C. § 112, Second Paragraph Claims 9 and 10 stand 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.The Applicant notes that claim 10 did not include the term "preferably", and claim 8 did include the term "preferably". It is the Applicant's understanding that claim 8 and 9 should have been rejected.Claims 8 and 9 are amended. In claim 8, the phrase "preferably from the genus Picea, Abies, Larix or Pinus" is deleted. In claim 9, the phrase "preferably from the genus Betula, Acer, Populus or Eucalyptus" is removed.The Applicant respectfully requests that the rejections against 8, 9 and 10 be withdrawn in light of the current claims.Claim Rejections Under 35 U.S.C. § 103(a)(2) Claims 1-18 stand rejected under 35 U.S.C. § 103(a)(2), as allegedly unpatentable over EP 3059344 Al ANTILLA et al., hereinafter ANTILLA, in view of WO 2020/084188 Al ANTILLA, hereinafter ANTILLA II. Applicants respectfully traverse this rejection.For an obviousness rejection to be proper, the Examiner must meet the burden of establishing that all elements of the invention are disclosed in the prior art; that the prior art relied upon, or knowledge generally available in the art at the time of the invention, must provide some suggestion or incentive that would have motivated the skilled artisan to modify a reference or combined references. In re Fine, 5 U.S.P.Q.2d 1596, 1598 (Fed. Cir. 1988). "A patent composed of several elements is not proved obvious merely by demonstrating that each of its elements was, independently, known in the prior art." KSR Int'l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1741 (2007). To find obviousness, the Examiner must "identify a reason that would have prompted a person of ordinary skill in the art in the relevant field to combine the elements in the way the claimed new invention does." Id.Claim 1 recites, a supercalendered kraft paper suitable for use as a substrate layer of an industrial release liner for adhesive labels, the supercalendered kraft paper comprising - a basis weight in the range of 50 to 70 g/m2, when determined according to ISO 536, and - a fiber furnish determinable with standard ISO 9184-4 in conjunction with standard ISO 9184-1, the fiber furnish comprising o bleached hardwood kraft pulp, o bleached softwood kraft pulp and o bleached chemithermomechanical pulp, o wherein the fiber furnish has an average length weighted fiber length in the range of 0.90 to 1.14 mm, when determined according to ISO 16065-2: 2014, such that the supercalendered kraft paper contains - the bleached chemithermomechanical pulp in an amount equal to or higher than 5 wt.% and the bleached softwood kraft pulp in an amount equal to or higher than 15 wt.%, when determined as dry matter content of the paper according to SCAN-P 39:80, the supercalendered kraft paper thereby having - a tear index in the cross direction of the paper higher than 5 mNm2 g, when determined according to ISO 1974, - a transparency level equal to or higher than 40%, when determined according to ISO 2469 and - a density in the range of 1040 to 1140 kg/m3, when determined according to ISO 534.The Office states claims 1 and 2 are obviousness in view of Antilla and in further view of Antilla II. The Office states: Antilla discloses a composition that comprises both bleached hardwood and softwood chemical pulps ([0077]) and those chemical pulps can be kraft chemical pulps. Antilla discloses a basis weight of 57 g/m2, which falls into the claimed range of 50 to 70 g/m2. Antilla discloses that the furnish comprises bleached chemical hardwood, bleach chemical softwood, and bleached CTMP pulp in paragraph [0077]. Additionally, Antilla discloses that the composition may included 25 wt.% bleached CTMP and has a transparency of 46.5%. The density of the composition of Antilla falls within the claimed range of 1040 to 1140 kg/m3. (Office Action dated March 24, 2025, page 4).The Office notes that Antilla does not disclose the specific amounts of hardwood and softwood, but that Antilla recognizes that variable amounts may be effective. Specifically, the Office states that since Antilla discloses hardwood fibers provide greater brightness which increases transparency and softwood fibers provide greater strength properties, it is merely routine optimization to find the best amounts of hardwood and softwood. (See paragraphs [0029] and [0033]). In the alternative, the Office cites Antilla II as disclosing a split of fibers of 10 to 35 wt% which overlaps with the claims.The MPEP states that prior art is not limited just to the references being applied, but includes the understanding of one of ordinary skill in the art. ... Office personnel must explain why the differences) between the prior art and the claimed invention would have been obvious to one of ordinary skill in the art. MPEP 2141 C. III For the Office to argue that it would have been obvious to try altering the weight percents and that the weight percents are routine optimizations, the Office must provide clear articulable reasoning for such conclusions. The Applicant contends that it is not mere routine optimization in determining the amount of softwood and hardwood pulp is in the composition.Antilla states that if the weight basis is greater than 70 g/m2, then the transparency is generally less than 40%, but if the weight basis is less than 70 g/m2, then the transparency is generally greater than 40%. Based on the weight alone, the transparency should be greater than 40%. A transparency of greater than 40% is recited in claim 1. The Office fails to articulate the reason why a person of ordinary skill in the art would alter the amounts of hardwood and softwood, when the transparency is already achieved.The Applicant contends that the skilled person has no guidance on the amount of hardwood or softwood that should be added to the composition because the base weight to achieve 40% transparency is already obtained. Without additional guidance, the skilled person has not reason for increasing or decreasing the amount of hardwood. Therefore, the Examiner fails to meet his burden of establishing it is mere routine optimization and that it would have been obvious to try.Furthermore, Antilla II fails to cure the deficiencies as the Examiner stated, because there is no reason to combine these two references. Antilla II teaches a backing material for a release liner. The amount of softwood disclosed in Antilla II is in reference to a virgin pulp which may or may not be combined with a recycled pulp. Additionally, Antilla II fails to teach chemithermomechanical pulp. As such, there is no reason to combine Antilla and Antilla II to arrive at the recited claim.Additionally, the Applicant contends that the supercalendered kraft paper of claim 1 is yields unexpected results due to the recited combination of materials, specifically the tear index properties. The Applicant notes that the tear index is not disclosed or taught in the prior art.Further, while the Office comments that the same furnish composition would have substantially the same tear index, neither prior art document mentions BCTMP and BSKP together, nor comments their interdependency to tear characteristics. The present application (page 28, lines 23-25, 35-38) on the other hand explicitly recites that: "Figures 3 and 4, when viewed together, demonstrate the interdependency of the shares of BCTMP and BSKP in the fiber furnish to the tear index of the SCK paper." The combination of BCTMP and BSKP yield a synergistic result. The tear index is unexpectedly increased.The Applicant asserts that the multivariable diagrams, such as presented by figures 3 and 4, provide a tool that enables a person to evaluate the effect of this shift of basis weight, which has been achieved due to the change in the amount of BCTMP, in light of other parameters, such as the tear index of the SCK paper., 3: Fg. 4 The Applicants note that the BCTMP content cannot be adjusted freely, without considering the amount of BSKP and consequences to other quality characteristics. The passage in EP3059344 cited by the Office (paragraph [0029]) as a basis for the amount of BSKP in the paper rather teaches to combine BHTKP and BSKP (i.e. bleached chemical pulp comprising hardwood and softwood), and maintain the share of BHKP high:Due to the desired brightness and transparency, the amount of hardwood in the manufacturing process of paper used for release liners is high ... The combination of bleached chemical pulp comprising hardwood and softwood may also be used to improve the burst strength and tensile strength of the paper.Based on the disclosure recited above, the Applicant contends that a person of skill in the art would not be motivated to increase or maintain the softwood component, since it would decrease the transparency. Rather, it motivates PHOSITA to increase the hardwood component.Hence, the skilled person would trade BSKP for BCTMP, while maintaining BHTKP as high as possible.For the reasons stated above, the Applicant contends that claim 1 and its dependents are patentable in view of the cited prior art and respectfully requests reconsideration.Regarding claims 4 and 5, the Office states that Antilla and Antilla II teach substantially the same fiber composition at substantially the same degree of refining, and therefore, the Schopper-Riegler number (claim 3) and the fiber lengths (claim 4) would be inherent.The Applicant contends that the Office is using hindsight in establishing every recited limitation. Further, the Office is using impressible obviousness type inherency to establish the fiber length. The Office is not permitted to state an element would be inherent to a composition that would have been obvious to create.The MPEP states that iin order to rely on inherency to establish the existence of a claim limitation in the prior art in an obviousness analysis - the limitation at issue necessarily must be present, or the natural result of the combination of elements explicitly disclosed by the prior art." Since the elements are not explicitly disclosed, the fiber lengths cannot be inherently disclosed.Furthermore, data provided in Tables 2 to 4 of the pending Application indicate that the fiber lengths are variable based on the amount of softwood, hardwood, and chemithermomechanical pulp. Thus, the amounts of each of the hardwood, softwood, and chemithermomechanical pulp is critical, as previously discussed.Reconsideration and withdrawal of this rejection are respectfully requested.It is believed that the foregoing amendments and remarks fully comply with the Office Action and that the claims herein should now be allowable to Applicants. No new matter has been introduced by this amendment. Accordingly, reconsideration and allowance are requested.If there are any additional charges with respect to this Amendment or otherwise, including for any necessary extensions of time under 37 C.F.R. 1.136(a) or 1.136(b), for which the Applicants hereby respectfully petition, please charge them to Deposit Account No.06-1130.


CITED REFERENCE SUMMARIES: Ref EP4310249A1: Claims:
A translucent paper comprising a base paper layer, wherein the base paper layer comprises a mixture of pulp fiber and microfibrillated cellulose, characterized in that the pulp fiber has a degree of Schopper-Riegler (SR) of more than or equal to 50 SR, and that the microfibrillated cellulose is comprised in the mixture of pulp fiber and microfibrillated cellulose in an amount of 10 weight percent to about 50 weight percent, based on the weight of the mixture of pulp fiber and microfibrillated cellulose, and wherein the mixture of pulp fiber and microfibrillated cellulose has a degree of Schopper-Riegler (SR) of between 65 SR and 95 SR, preferably of between 70 SR and 90 SR, measured according ISO 5267-1.
the pulp fiber has a degree of Schopper-Riegler (SR) of more than or equal to 50 SR,
and that the microfibrillated cellulose is comprised in the mixture of pulp fiber and microfibrillated cellulose in an amount of 10 weight percent to about 50 weight percent, based on the weight of the mixture of pulp fiber and microfibrillated cellulose,
and wherein the mixture of pulp fiber and microfibrillated cellulose has a degree of Schopper-Riegler (SR) of between 65 SR and 95 SR, preferably of between 70 SR and 90 SR, measured according ISO 5267-1.
The translucent paper according to claim 1, wherein the translucent paper has a transmittance of 60% or more, preferably of 65% or more, more preferably of 70% or more, according to DIN 53147.
The translucent paper according to any one of the preceding claims, wherein the microfibrillated cellulose is comprised in the mixture of pulp fiber and microfibrillated cellulose in an amount of 10 weight percent to about 30 weight percent, preferably in an amount of 10 weight percent to about 15 weight percent, based on the weight of the mixture of pulp fiber and microfibrillated cellulose.
The translucent paper according to any one of the preceding claims, wherein the wood pulp fiber comprises, or consists of, a mixture of hardwood pulp fiber and softwood pulp fiber, wherein preferably the hardwood pulp fiber is comprised in the mixture of hardwood pulp fiber and softwood pulp fiber in an amount of 50 weight percent, or more, preferably of 75 weight percent or more, and/or the softwood pulp fiber is comprised in the mixture of hardwood pulp fiber and softwood pulp fiber in an amount of 50 weight percent, or less, preferably of 25 weight percent or less.
The translucent paper according to any one of the preceding claims, wherein the average fiber length of pulp fibers is between 900 to 1400 micrometers, according to ISO 16065, preferably between 900 and 1100 micrometers.
The translucent paper according to any one of the preceding claims, wherein the mixture of wood pulp and microfibrillated cellulose comprises at least 40 weight percent of fines.
The translucent paper according to any one of the preceding claims, wherein the base paper layer comprises a coating layer adjacent to the base paper layer, the coating layer preferably comprising a polymeric coating, preferably comprising a polymer or copolymer of vinyl alcohol, preferably in combination with a carboxymethyl cellulose.
The translucent paper according to any one of the preceding claims, wherein the grammage of the base paper layer is between 25 and 100 gsm, preferably between 30 and 60 gsm, and/or wherein the grammage of the coating layer is between 0.5 and 20 gsm.
The translucent paper according to any one of the preceding claims, wherein the pulp fiber has a degree of Schopper-Riegler (SR) of between 50 to 90 SR, more preferably of 73 to 83 SR.
The translucent paper according to any one of the preceding claims, wherein the translucent paper has a density of more than 1.1 g cm -3 , preferably of more than 1.2 g cm -3 , as measured according to ISO 534.
The translucent paper according to any one of the preceding claims, wherein the pulp fiber is chemical wood pulp fiber, such as kraft or sulphite wood pulp fiber, and preferably is bleached chemical wood pulp fiber.
A packaging item comprising a translucent paper according to any one of the preceding claims, and preferably comprising a window element made of a translucent paper according to any one of the preceding claims.
A process for making a translucent paper on a paper machine, comprising a step of, in the wet end of the paper machine, forming a wet base paper layer from a furnish comprising a mixture of pulp fiber and microfibrillated cellulose, characterised in that the pulp fiber of the furnish has a degree of Schopper-Riegler (SR) of more than 50 SR and that the microfibrillated cellulose of the furnish is comprised in an amount of about 10 weight percent to about 50 weight percent, based on the weight of pulp fiber and microfibrillated cellulose in the mixture of pulp fiber and microfibrillated cellulose, and wherein the mixture of pulp fiber and microfibrillated cellulose of the furnish has a degree of Schopper-Riegler (SR) of between 65 SR and 95 SR, preferably of between 70 SR and 90 SR, as measured under ISO 5267-1, and a step of drying the wet base paper layer to form a dry base paper layer.
and that the microfibrillated cellulose of the furnish is comprised in an amount of about 10 weight percent to about 50 weight percent, based on the weight of pulp fiber and microfibrillated cellulose in the mixture of pulp fiber and microfibrillated cellulose,
and wherein the mixture of pulp fiber and microfibrillated cellulose of the furnish has a degree of Schopper-Riegler (SR) of between 65 SR and 95 SR, preferably of between 70 SR and 90 SR, as measured under ISO 5267-1,
and a step of drying the wet base paper layer to form a dry base paper layer.
The process for making a translucent paper on a paper machine according to claim 13, wherein it further comprises the step of rewetting the dry base paper layer to form a rewetted base paper layer, the step of keeping the rewetted base paper layer wet, and the step of (super)calendaring the rewetted base paper layer, and optionally redrying the rewetted base paper layer.
Ref WO0159212A1: [content unavailable]