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 .
Election/Restrictions
2. Applicant’s election without traverse of Group 1, claims 1-6 in the reply filed on 1/23/2026 is acknowledged. Claims 7-11 are withdrawn.
Information Disclosure Statement
3. The information disclosure statement (IDS) submitted on 5/11/2023, 3/25/2025, 4/17/2025 and 12/5/2025 were filed timely. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
4. 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.
5. 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.
6. Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over (US 2015/0155409 A1) to Nakaya et al. (hereinafter Nakaya) in view of the teachings of (JP 2018189190 A) to Taku (hereinafter Taku).
Nakaya is directed toward a multilayer laminated structure. Nakaya discloses at paragraph [0019] a “multilayer structure of the present invention includes the substrate (X) and the layer (Y) stacked on the substrate (X). The layer (Y) contains a reaction product (R). The reaction product (R) is a reaction product formed by a reaction at least between a metal oxide (A) and a phosphorus compound (B).” Substrate X reads on Applicants base (x). Nakaya discloses at paragraph [0020] that the metal oxide is an aluminum and reads on Applicants at least two layer (Y) of a reaction product of an inorganic phosphorus compound and a metal oxide comprising aluminum. Nakaya discloses at paragraph [0086] that the multilayer structure layer includes an adhesive layer and a thermoplastic layer disposed over that layer, which reads on Applicants layer (z). Nakaya discloses at paragraph [0081] that the thickness may range from 10 to 300 microns, which reads on Applicants range of 5 to 100 microns. Nakaya discloses at paragraph [0159] the total thickness of 100 microns, which reads on Applicants range of 15 to 120 microns. Nakaya discloses at paragraph [0131] that a polyester may be used as a layer, which can be easily adhered. Nakaya discloses at paragraph [0029] that the multilayer film has high water vapor barrier properties and nearly identical composition, but is silent regarding testing of moisture permeability properties.
Taku is directed toward a multilayer laminated structure having a phosphorus layer with superior moisture barrier properties. Nakaya and Taku are both directed toward a multilayer laminated structure having a phosphorus layer with superior moisture barrier properties and therefore are analogous art. One skilled in the art would look to similar multilayer laminated films having high moisture properties to determine a desired range. Taku teaches a multilayered laminate film that has a phosphorus/metal oxide reaction layer with moisture barrier properties. Taku teaches measuring moisture permeability using an ISO 15106-5 testing method, that is packaging material of the present disclosure has a water vapor permeability of 0.5 g / (m .sup.2 .Math. day) or less that is within Applicants range. It would be obvious to have a moisture barrier property for a film within the claimed range.
It would be obvious to one skilled in the art at the time of the filing of the disclosure of Nakaya in view of the teachings of Taku to produce the Applicants multilayer structure that forms a prime facie case of obviousness for claims 1-6.
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JEFFREY D WASHVILLE whose telephone number is (571)270-3262. The examiner can normally be reached M-F 9-5.
8. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
9. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Randy Gulakowski can be reached at 571-272-1302. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
10. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JEFFREY D WASHVILLE/Primary Examiner, Art Unit 1766
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