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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3, 5 and 7 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites that the polyolefin contained in the polyolefin resin layer is polypropylene. However, it is not clear whether applicant is referring to the substrate layer and/or the intermediate layer substrate layer and/or the sealant layer.
Claim 5 recites that the polyolefin contained in the polyolefin resin layer is polyethylene. However, it is not clear whether applicant is referring to the substrate layer and/or the intermediate layer substrate layer and/or the sealant layer.
Claim 7 recites that the polyester contained in the polyester resin layer is polyethylene. However, it is not clear whether applicant is referring to the substrate layer and/or the intermediate layer substrate layer and/or the sealant layer.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5-7 and 9-10 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by JP2016-199722 (English machine translation provided herein).
JP2016-199722 discloses a packaging material, comprising: a substrate layer, an intermediate layer, and a sealant layer, the intermediate layer comprising an intermediate layer substrate layer and a barrier coat layer containing a carboxylic acid polymer and a polyvalent metal compound, the intermediate layer being laminated so that the barrier coat layer is on a substrate layer side, and all of the substrate layer, the intermediate layer substrate layer, and the sealant layer being polyolefin resin layers or polyester resin layers (paragraphs [0001-0002], [0009], [0013], [0018], [0053], [0069-0072], [0093-0094], [0106-0110], [0112-0113], [0117-0121]).
JP2016-199722 discloses wherein the intermediate layer further comprises an inorganic vapor deposition layer between the intermediate layer substrate layer and
the barrier coat layer, wherein the polyolefin contained in the polyolefin resin layer is polypropylene, wherein the polyolefin contained in the polyolefin resin layer is polyethylene, wherein the polyolefin contained in the intermediate layer substrate layer is high-density polyethylene, wherein the polyester contained in the polyester resin layer is polyethylene terephthalate, a packaging bag and a content containing a sulfur-containing amino acid packaged in the packaging bag (since food contains sulfur-containing amino acids), the barrier coat layer having a crosslinked structure in which the carboxylic acid polymers are crosslinked with each other via polyvalent metal ions (paragraphs [0001-0002], [0009], [0013], [0018], [0053], [0069-0072], [0093-0094], [0106-0110], [0112-0113], [0117-0121]).
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2016-199722 (English machine translation provided herein) in view of JP2021-020363 (English machine translation provided herein).
JP2016-199722 does not disclose wherein the polyolefin contained in the intermediate layer substrate layer is stretched polypropylene.
JP2021-020363 discloses wherein the polyolefin contained in the intermediate layer substrate layer is stretched polypropylene in a gas barrier laminate for the purpose of providing resistance to hot water treatment, improved gas barrier properties, reduce organic solvent released into the atmosphere, improved heat resistance and/or improved recyclability (paragraphs [0001], [0018], [0026], [0050-0054]).
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 polyolefin contained in the intermediate layer substrate layer is stretched polypropylene in JP2016-199722 in order to provide resistance to hot water treatment, improved gas barrier properties, reduce organic solvent released into the atmosphere, improved heat resistance and/or improved recyclability as taught or suggested by JP2021-020363.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2016-199722 (English machine translation provided herein) in view of JP2020-196253 (English machine translation provided herein).
JP2016-199722 discloses wherein the polyester contained in the polyester resin layer is polyethylene terephthalate (paragraphs [0069-0072]).
JP2016-199722 does not disclose wherein the polyester contained in the intermediate layer substrate layer is polyethylene terephthalate having a crystallinity of 40% or more.
JP2020-196253 discloses a substrate wherein the polyester contained in the intermediate layer substrate layer is polyethylene terephthalate having a crystallinity of 40% or more (paragraphs [0001-0002], [0031-0042]) in a packaging laminate for the purpose of providing improved heat resistance and/or toughness.
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 polyester contained in the intermediate layer substrate layer is polyethylene terephthalate having a crystallinity of 40% or more in JP2016-199722 in order to provide improved heat resistance and/or toughness as taught or suggested by JP2020-196253.
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 25, 2026
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