DETAILED ACTION
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on July 13, 2026 has been entered.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Election/Restrictions
Claims 9-20 are withdrawn from further consideration pursuant to 37 CFR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 October 27,
2025.
Claim Rejections - 35 USC § 103
Claims 1-3 and 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over TAKASUGI (US-2019/0240956) in view of TAKETOMO )JP-2013252701)
Claim 1: Takasugi teaches a laminate for packaging material comprising a
barrier layer and a sealant layer (para. 0026 and 0032) wherein the barrier layer is an
inorganic evaporated film (Takasugi, para. 0062-0063) and the sealant layer is a heat
sealable layer (Takasugi, para. 0070). Takasugi also teaches that the inorganic
evaporated film may be in contact with the heat seal layer or adhered to the heat seal
layer via an anchor coat layer (i.e. adhesive layer) (Takasugi, para. 0062 and 0068).
However, Takasugi does not teach a support substrate nor the protective film for the laminate. In the same field of endeavor, i.e. packaging material comprising an anchor coat and an inorganic evaporated film, Taketomo teaches a packaging laminate comprising a base layer, an anchor coat layer, an inorganic evaporated film and a protective film in that order (Takemoto, translation copy, page 3, pages 10-11); the base layer may be stretched (Taketomo, translation copy, page 4); the protective layer comprises polyethylene, polystyrene, a polyester, a (meth)acrylic resin, a urethane resin, or an epoxy resin (Taketomo, translation copy, page 11). Considering Taketomo's teaching, it would have been obvious as matter of conventional practice to incorporate the substrate taught by Taketomo as the support for the laminate packaging of Takasugi and the protective film to provide protection to the laminate of Takasugi.
Claim 2: Takasugi teaches forming the inorganic evaporated film on the heat
seal layer by vapor deposition on one surface of the heat seal layer (Takasugi, para.
0062 and 0064).
Claim 3: Takasugi teaches forming the inorganic evaporate film on one surface of
the anchor coat layer (i.e. the adhesive layer) by vapor deposition (Takasugi, para.
0062, 0067 and 0068).
Claim 5: Takasugi teaches the inorganic evaporated film, i.e. the barrier layer,
containing at least one of aluminum, aluminum oxide, and silicon oxide (Takasugi, para.
0062).
Claim 6: Takasugi does not report the indentation hardness of the heat seal
layer; however, the indentation hardness within the claimed range would "result in a
barrier laminate with improved flexibility and gas barrier properties." (Instant
specification, para. 0054). Takasugi reports that the barrier laminate exhibits improved
gas (oxygen and water vapor) barrier properties as compared to other barrier laminates
(Takasugi, page 8, Tables 2 and 3). Therefore, it is deemed that the heat seal layer of
Takasugi possesses the indentation hardness within the claimed range.
Claims 7 and 8: Takasugi does not report the transition point of the anchor coat
layer (i.e. the adhesive layer) nor the NO2- ion in the anchor coat layer. However,
Takasugi teaches the material for the anchor coat layer being a urethane-modified
polyester that is produced by a reaction between a polyester polyol and a polyvalent
isocyanate with two or more hydroxy groups over isocyanate groups (Takasugi, para.
0048-0053) which is essentially similar to the material for the anchor coat layer
disclosed in the instant specification at paragraphs 0067-0072). Therefore, the anchor
coat layer (i.e. the adhesive layer) taught by Takasugi is deemed to possess the
transition point and NO2- ion within the claimed range.
Response to Arguments
Applicant’s arguments with respect to claims 1-3 and 5-8 have been considered but are moot in view of the new ground of rejection discussed above.
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/HOA (Holly) LE/Primary Examiner, Art Unit 1788
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