DETAILED ACTION
Notice of Pre-AIA or AIA Status
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
Applicant’s election without traverse of claims 1-9 and 14-15 in the reply filed on 12/12/25 is acknowledged.
Claims 10-13 and 16-26 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/12/25.
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(s) 1-5, 7-8 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2020-055156 (English machine translation provided herein) in view of JP2020-196791 (English machine translation provided herein).
JP2020-055156 discloses a packaging bag comprising a laminate, comprising: a substrate layer; and a sealant layer, laminated in this order, wherein the substrate layer and the sealant layer contain polyethylene, and a ratio of polyethylene in the laminate is 90 mass% or greater (paragraphs [0006-0012], [0015], [0018], [0022-0023], [0027], [0035], [0054-0055], [0061-0062], [0068-0069], [0132-0133], [0138]).
JP2020-055156 does not disclose a protective layer wherein the protective layer contains a thermosetting resin or a resin having a melting point of 160°C or higher.
JP2020-196791 discloses a packaging bag comprising a polyethylene laminate and a protective layer wherein the protective layer contains a thermosetting resin or a resin having a melting point of 160°C or higher (paragraphs [0007-0009], [0017-0019], [0028-0034], [0043-0052], [0072], [0091]) for the purpose of providing improved recyclability and/or blocking resistance.
Therefore it would have been obvious to one of ordinary skill in the art at the time applicant’s invention was made to have provided a protective layer wherein the protective layer contains a thermosetting resin or a resin having a melting point of 160°C or higher in JP2020-055156 in order to provide improved recyclability and/or blocking resistance as taught or suggested by JP2020-196791.
JP2020-055156 discloses a vapor deposition layer between the substrate layer and the sealant layer, wherein the vapor deposition layer contains a metal oxide, wherein the protective layer contains at least one resin selected from the group consisting of polyurethane, polyester, polyamide, polyamideimide and epoxy, comprising an intermediate layer between the substrate layer and the sealant layer, the intermediate layer containing polyethylene, wherein the intermediate layer contains high-density polyethylene or medium-density polyethylene, wherein the substrate layer contains high-density polyethylene or medium-density polyethylene, wherein the sealant layer contains low-density polyethylene (paragraphs [0006-0012], [0015], [0018], [0022-0023], [0027], [0035], [0054-0055], [0061-0062], [0068-0069], [0132-0133], [0138]).
Modified JP2020-055156 discloses wherein the protective layer has a thickness of 0.4% or more and 2.0% or less of a total thickness of the laminate since JP2020-055156 discloses an overall thickness of 125 microns (paragraph [0138]) and JP2020-196791 discloses a thickness for the protective layer of 0.3 to 2.0 microns (paragraph [0051]).
Claim(s) 6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2020-055156 (English machine translation provided herein) in view of JP2020-196791 (English machine translation provided herein), as applied to claims 1-5, 7-8 and 14-15 above, and further in view of JP2020-203406 (English machine translation provided herein).
Modified JP2020-055156 does not disclose wherein at least one of the substrate layer and the sealant layer is a layer formed of an unstretched polyethylene film, wherein the intermediate layer is a layer formed of an unstretched polyethylene film.
JP2020-203406 disclose a packaging bag comprising a polyethylene film wherein at least one of the substrate layer and the sealant layer is a layer formed of an unstretched polyethylene film, wherein the intermediate layer is a layer formed of an unstretched polyethylene film (paragraphs [0001-0004], [0158-0160], [0167], [0180-0186]) for the purpose of providing improved printability and/or flexibility and/or transparency and/or heat sealability.
Therefore it would have been obvious to one of ordinary skill in the art at the time applicant’s invention was made to have provided wherein at least one of the substrate layer and the sealant layer is a layer formed of an unstretched polyethylene film, wherein the intermediate layer is a layer formed of an unstretched polyethylene film in modified JP2020-055156 in order to provide improved printability and/or flexibility and/or transparency and/or heat sealability as taught or suggested by JP2020-203406.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL C MIGGINS whose telephone number is (571)272-1494. The examiner can normally be reached Monday-Friday, 1-9 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aaron Austin can be reached at 571-272-8935. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL C MIGGINS/Primary Examiner, Art Unit 1782
MCM
February 9, 2026
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