DETAILED ACTION
Response to Amendment
In response to the amendment received on 02/02/2026:
claims 1-7 are currently pending
claims 1 and 3-6 are amended
previously presented 112b rejections are withdrawn in light of the amendment to the claims
prior art grounds of rejection reapplying Brondsema and Hayashi are presented herein
Claim Rejections - 35 USC § 103
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 text of those sections of Title 35 U.S. Code not included in this action can be found in a prior Office Action.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Brondsema et al. (US 20110159308 A1), hereinafter referred to as BRONDSEMA, in view of Hayashi et al. (JP S6348912 B2) with reference to the provided machine translation, hereinafter referred to as HAYASHI.
Regarding claim 1, BRONDSEMA teaches a coating agent (see BRONDSEMA at paragraph [0014]: the barrier layer) comprising:
a polyvinyl alcohol-based resin comprising an amine modified polyvinyl alcohol (see BRONDSEMA at paragraph [0014]: the barrier layer comprises a polyvinyl amine copolymer); and at least one compound (see BRONDSEMA at paragraph [0082]: the barrier layer includes one or more crosslinking reagents).
Additionally, BRONDSEMA discloses that crosslinking reagents result in a chemical reaction that forms crosslinks comprising intermolecular and/or intramolecular linkages with the polyvinyl amine copolymer (see BRONDSEMA at paragraph [0082]). BRONDSEMA also discloses that suitable crosslinking reagents include multi-functional monomers reactive with the amine and/or the alcohol functional group of the polyvinyl amine copolymer (see BRONDSEMA at paragraph [0084]), e.g., boric acid (see BRONDSEMA at paragraph [0089]). But BRONDSEMA fails to explicitly teach compound (A) selected from the group consisting of a compound (A1) represented by formula (1) below and a compound (A2) represented by formula (2), wherein in formula (1), R1 to R6 each independently represent any of a carboxyl group, a sulfo group, hydroxyl group, a hydrogen atom, an alkyl; group having 1 to 6 carbon atoms, an aryl group having 6 to 12 carbon atoms, and a halogen atom, one of R1 to R6 is any of a carboxyl group and a sulfo group, and two or three of R1 to R6 are each a hydroxyl group.
However, HAYASHI discloses a coating agent characterized by comprising an aqueous polyvinyl alcohol solution and a hardening/curing agent (see HAYASHI at paragraph 3, p. 2). HAYASHI teaches that as the curing agent, those generally used as curing agents for polyvinyl alcohol can be used, and examples thereof include boric acid, borax, Congo Red, Congo Corinth G, Japanol Violet Extra, resorcinol, hydroquinone, catechol, phloroglucinol, salicylalinide, gallic acid, 2,4-dihydroxybenzoic acid (reads on limitation (A1)), and pentachlorophenol (see HAYASHI at paragraph 3, p. 2).
Both BRONDSEMA’s and HAYASHI’s disclosures are from the same field of endeavor and describe coating agent comprising polyvinyl alcohol and a curing/crosslinking agent. According to MPEP § 2144.06(I), "It is prima facie obvious to combine two compositions each of which is taught by the prior art to be useful for the same purpose, in order to form a third composition to be used for the very same purpose.... [T]he idea of combining them flows logically from their having been individually taught in the prior art." In re Kerkhoven, 626 F.2d 846, 850, 205 USPQ 1069, 1072 (CCPA 1980). Furthermore, one of ordinary skill in the art would have anticipated success when utilizing one of the curing agents such as 2,4-dihydroxybenzoic acid, as disclosed by HAYASHI in the composition of BRONDSEMA, based on teachings of BRONDSEMA describing that suitable crosslinking reagents include multi-functional monomers reactive with the amine and/or the alcohol functional group of the polyvinyl amine copolymer (see BRONDSEMA at paragraph [0084]), e.g., boric acid (see BRONDSEMA at paragraph [0089]), and disclosure of HAYASHI listing boric acid and 2,4-dihydroxybenzoic acid among the compounds generally used as curing agents for polyvinyl alcohol (see HAYASHI at paragraph 3, p. 2).
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the composition of BRONDSEMA by utilizing one of the curing agents such as 2,4-dihydroxybenzoic acid as disclosed by HAYASHI. The rationale for such modification would have been: simple substitution of one known element for another to obtain predictable results. See MPEP §2143(I) (Exemplary rationale (B)).
Regarding claim 2, BRONDSEMA as modified by HAYASHI teaches the coating agent according to claim 1, wherein the compound (A) is the compound (A1) (see rejection of claim 1 above and HAYASHI at paragraph 3, p. 2: 2,4-dihydroxybenzoic acid).
Regarding claim 3, BRONDSEMA as modified by HAYASHI teaches the coating agent according to claim 2, wherein the compound (A) is at least one benzoic acid selected from the group consisting of dihydroxybenzoic acid and trihydroxybenzoic acid (see rejection of claim 1 above and HAYASHI at paragraph 3, p. 2: 2,4-dihydroxybenzoic acid).
Regarding claim 4, BRONDSEMA as modified by HAYASHI teaches the coating agent according to claim 3, wherein the benzoic acid is at least one selected from the group consisting of 2,4-dihydroxybenzoic acid, 3,4-dihydroxybenzoic acid, 3,5-dihydroxybenzoic acid, 3,4,5-trihydroxybenzoic acid and 2,4,6-trihydroxybenzoic acid (see rejection of claim 1 above and HAYASHI at paragraph 3, p. 2: 2,4-dihydroxybenzoic acid).
Regarding claim 5, BRONDSEMA as modified by HAYASHI teaches the coating agent according to claim 1, wherein a blending amount of the compound (A) (as modified by HAYASHI) is 30 parts by mass or less with respect to 100 parts by mass of the polyvinyl alcohol-based resin contained in the coating agent (see BRONDSEMA at paragraphs [0092]: the crosslinking reagent or reagents may be present in the barrier layer at between about 0.001 wt % to about 50 wt %, based on the total amount of the crosslinking reagent and the polyvinyl amine copolymer present; and [0151]: the cross-linking compound was added at 2.5% and 5% wt/wt, based on calculations relative to the activity of the cross-linking compound and the composition of the PVOH-PVAm copolymer). BRONDSEMA teaches range which overlaps with the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim. See MPEP §2144.05(I).
Regarding claim 6, BRONDSEMA as modified by HAYASHI teaches a coating film comprising the coating agent according to claim 1 (see BRONDSEMA at paragraph [0110]: when film layers or multi-layer article are produced).
Regarding claim 7, BRONDSEMA as modified by HAYASHI teaches a laminated packaging material comprising the coating film according to claim 6 (see BRONDSEMA at paragraph [0110]: when film layers or multi-layer article are produced, (co)extrusion, solvent casting, injection molding, stretch blow molding, orientation, thermoforming, extrusion coating, coating and curing, lamination, extrusion-lamination, blow-molding, co-extrusion injection molding or combinations thereof would typically follow the blending).
Response to Arguments
Applicant's arguments filed on 02/02/2026 have been fully considered but they are not persuasive.
Applicant argues that one of ordinary skill in the art would have lacked motivation to combine the teachings of BRONDSEMA and HAYASHI in the manner alleged in the rejection (see Remarks received on 02.02.2026 spanning paragraphs n page 5).
However, examiner respectfully disagrees for the following reasons. Similarly to the Applicant, BRONDSEMA addresses a problem of providing a coating with improved gas barrier properties (see BRONDSEMA at paragraph [0005]). While BRONDSEMA is mostly concerned with barriers effective against carbon dioxide and oxygen transmission, BRONDSEMA discloses the method of forming a coating. Furthermore, BRONDSEMA also teaches that the disclosed invention if from the field of endeavor directed to barrier layers inhibiting migration of gases, vapors and liquids (see BRONDSEMA at paragraph [0002]); and according to MPEP §2123(I): “The use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain. In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). A reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments. Merck & Co. v. Biocraft Labs., Inc. 874 F.2d 804, 10 USPQ2d 1843 (Fed. Cir. 1989), cert. denied, 493 U.S. 975 (1989)”. Similarly to BRONDSEMA, HAYASHI’s disclosure describes a coating agent inhibiting migration of liquids. In response to the Applicant’s argument that it is unclear whether crosslinking reagents that enhance water resistance as disclosed by HAYASHI can also improve the gas barrier property of a barrier layer, it is noted that HAYASHI discloses that examples of curing agents include boric acid, borax, Congo Red, Congo Corinth G, Japanol Violet Extra, resorcinol, hydroquinone, catechol, phloroglucinol, salicylalinide, gallic acid, 2,4-dihydroxybenzoic acid, and pentachlorophenol; and that aforementioned curing agents can be used alone or in combination of two or more (see HAYASHI at paragraph 3, p. 2). BRONDSEMA discloses that suitable crosslinking reagents include multi-functional monomers reactive with the amine and/or the alcohol functional group of the polyvinyl amine copolymer (see BRONDSEMA at paragraph [0084]), e.g., boric acid (see BRONDSEMA at paragraph [0089]). Among the examples of crosslinking agents HAYASHI and BRONDSEMA both disclose boric acid as a suitable crosslinking agent. Therefore, the one of ordinary skill in the art would assert that the examples of curing agents of HAYASHI perform the identical function specified by BRONDSEMA such as reacting with the amine and/or the alcohol functional group of the polyvinyl amine copolymer. Since boric acid and 2,4-dihydroxybenzoic acid are known in the art as curing agents for polyvinyl alcohol, one of ordinary skill in the art would have a reasonable expectation of success substituting one known element for another, and the results of the substitution would have been predictable (see MPEP §2143(I)(B)).
Moreover, according to MPEP §2141.03(I) “the level of disclosure in the specification of the application under examination or in relevant references may also be informative of the knowledge and skills of a person of ordinary skill in the art”, therefore, the Examiner asserts what an ordinary artisan would know in light of the disclosure in the specification provided by the Applicant. Background Art overview of the specification discloses that it is known that amine-modified polyvinyl alcohols such as vinyl alcohol- vinyl amine copolymers have high oxygen barrier properties (paragraph [0002]), however, an amine-modified polyvinyl alcohol has a low water resistance (paragraph [0004]). Thus, considering the problem of a low water resistance faced by the inventor, one of ordinary skill in the art would have been motivated to use one of the crosslinking reagents of HAYASHI since HAYASHI discloses that a coating agent that suppresses the infiltration of rainwater and prevent an increase in water content (see HAYASHI at paragraph 2, p. 2). Moreover, based on the disclosure of HAYASHI describing a coating agent characterized by comprising an aqueous polyvinyl alcohol solution and a hardening/curing agent (see HAYASHI at paragraph 3, p. 2), one of ordinary skill in the art would have anticipated success when using 2,4-dihydroxybenzoic acid of HAYASHI as crosslinking reagents to form crosslinks comprising intermolecular and/or intramolecular linkages with the polyvinyl amine copolymer of BRONDSEMA.
Therefore, the rejection of claims as being unpatentable over BRONDSEMA in view of HAYASHI is maintained.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/A.A.K./Examiner, Art Unit 1731
/ANTHONY J GREEN/Primary Examiner, Art Unit 1731
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