PTAB

IPR2025-01143

ProAMPac Holdings Inc v. Sigma Technologies Intl LLC

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Petition
petition

1. Case Identification

2. Patent Overview

  • Title: Recyclable Packaging with Radiant Barrier Insulation
  • Brief Description: The ’148 patent discloses a recyclable packaging material designed to thermally insulate goods. The invention is a multi-layer "stack" comprising a paper layer, a polymer layer, a very thin (≤ 200 nm) vapor-deposited aluminum layer for low emissivity, and a protective coating, which allows the packaging to be recycled as paper because the thin aluminum fully oxidizes and becomes transparent during the repulping process.

3. Grounds for Unpatentability

Ground 1: Anticipation - Claims 1-2, 4, 6-11, and 13-15 are anticipated by Gundlach

  • Prior Art Relied Upon: Gundlach (Application # 2014/0044903).
  • Core Argument for this Ground:
    • Prior Art Mapping: Petitioner argued that Gundlach, which was not before the Examiner, discloses a recyclable, paper-based packaging material with the exact same multi-layer stack structure as claimed in the ’148 patent. Gundlach teaches a cellulosic base material (paper layer), an inner base layer affixed to it (polymer layer), an outer base layer (intermediate coating), a thin (12.2-50 nm) vacuum-metallized aluminum layer, and a protective top coat. Gundlach also explicitly teaches that this structure provides a superior radiant barrier with an emissivity as low as 0.05, satisfying the claimed ≤ 0.10 limitation. Petitioner contended that the final claimed property—that the thin aluminum layer fully oxidizes during a standard recycling process (the "Voluntary Standard")—is an inherent property of the structure disclosed by Gundlach, based on the ’148 patent's own assertion that any such vacuum-deposited aluminum layer under 200 nm will necessarily exhibit this behavior.

Ground 2: Obviousness over Gundlach in view of Yializis - Claims 1-15 are obvious over Gundlach in view of Yializis

  • Prior Art Relied Upon: Gundlach (Application # 2014/0044903) and Yializis (a 2009 technical conference proceeding).
  • Core Argument for this Ground:
    • Prior Art Mapping: To the extent Gundlach is found not to explicitly or inherently teach every limitation, Petitioner argued Yializis supplies the missing elements. Yializis, a publication by the inventor of the ’148 patent that was not disclosed during prosecution, describes low-emissivity, metallized materials for food packaging. Yializis expressly teaches that thin metallized aluminum layers (as thin as 20 nm) with low emissivity (0.03) are "completely consumed by the oxidation and corrosion reactions" and rendered "entirely transparent" when exposed to heat and moisture, such as the conditions in the Voluntary Standard. Yializis also teaches applying a thin protective coating (0.02 µm to 0.50 µm) to prevent oxidation during normal use while maintaining the low emissivity required by the claims.
    • Motivation to Combine: Petitioner asserted a POSITA would combine these references because they address the same problem: creating recyclable, low-emissivity packaging to replace aluminum foil. A POSITA seeking to optimize Gundlach's packaging would have looked to Yializis, a highly relevant publication from the same inventor, for its explicit teachings on managing the oxidation and emissivity of thin aluminum films to achieve the precise goals stated in Gundlach.
    • Expectation of Success: Success would be expected because the combination involves applying well-known protective coatings to a known metallized film structure, using conventional materials and deposition techniques to achieve a predictable improvement in durability and recyclability.

Ground 3: Obviousness over Gundlach in view of Rebouillat - Claims 1-2 and 4-15 are obvious over Gundlach in view of Rebouillat

  • Prior Art Relied Upon: Gundlach (Application # 2014/0044903) and Rebouillat (Application # 2015/0053086).

  • Core Argument for this Ground:

    • Prior Art Mapping: As an alternative combination, Petitioner argued Rebouillat teaches the emissivity and protective layer limitations if they are found lacking in Gundlach. Rebouillat discloses a multilayer reflective sheet for insulating food that includes a vapor-deposited aluminum layer with a thickness of "less than 0.2 microns" and an emissivity of "less than 0.1." It further teaches applying a "protective lacquer coating" with a thickness between 0.2 and 1.0 micron, which is selected specifically to prevent corrosion during use without changing the low emissivity of the underlying metal layer.
    • Motivation to Combine: Petitioner argued a POSITA would combine Gundlach and Rebouillat to improve the performance and durability of Gundlach’s packaging. Both references are directed to thermally insulating food packaging using low-emissivity, aluminized polymer material. A POSITA would have been motivated to incorporate Rebouillat’s specific teachings on protective lacquer thickness and resulting low emissivity to achieve Gundlach’s stated goal of creating a packaging with the "superior radiant barrier property of aluminum foil."
    • Expectation of Success: A POSITA would have had a reasonable expectation of success, as the combination merely applies a known type of protective coating (lacquer) from Rebouillat to the similar metallized packaging structure of Gundlach to achieve the predictable result of protecting the metal layer while maintaining its radiant barrier properties.

  • Additional Grounds: Petitioner asserted additional obviousness challenges based on combining Gundlach, Yializis, and Rebouillat with the Voluntary Standard Reference, arguing that if the Board required an explicit teaching of the recycling test method, the Voluntary Standard Reference provided it.

4. Relief Requested

  • Petitioner requests institution of an inter partes review and cancellation of claims 1-15 of Patent 11,072,148 as unpatentable.