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
Newly submitted claims 27-35 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons: claims 27-35 recite a completely different laminate than claims 1-4, 7-9 and 14-15.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 27-35 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
REJECTIONS WITHDRAWN
All previous rejections have been withdrawn.
REJECTIONS REPEATED
There are no rejections repeated.
NEW REJECTIONS
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) and JP2020-203406 (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]).
Modified JP2020-055156 does not disclose wherein the substrate layer and the sealant layer is a layer formed of an unstretched polyethylene film and wherein the intermediate layer is a layer formed of an unstretched polyethylene film.
JP2020-203406 disclose a packaging bag comprising a polyethylene film wherein the substrate layer and the sealant layer is a layer formed of an unstretched polyethylene film (since the substrate can be treated by electron beam and/or stretching, which means the film can be unstretched, paragraphs [0024-0025]) and 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 the substrate layer and the sealant layer is a layer formed of an unstretched polyethylene film and 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.
ANSWERS TO APPLICANT’S ARGUMENTS
Applicant’s arguments of 6/12/26 have been carefully considered but are deemed unpersuasive.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the motivation to combine is provided by JP2020-203406 itself which is to provide improved printability and/or flexibility and/or transparency and/or heat sealability (paragraphs [0001-0004], [0024-0025], [0158-0160], [0167], [0180-0186]).
There is no direct teaching in JP2020-196791 that teaches away from an unstretched layer nor is there any teaching in the cited prior art that adding an unstretched layer(s) would render JP2020-196791 unsatisfactory for its intended purpose or change the principle of operation. In fact, JP2020-203406 discloses that the substrate and intermediate layers of polyethylene may be stretched or unstretched (paragraphs [0001-0004], [0024-0025], [0158-0160], [0167], [0180-0186]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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.
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.
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
August 9, 2026
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