DETAILED ACTION
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/Restrictions6.
Claims 9-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over
TAKASUGI (US-2019/0240956) in view of TAKEISHI (US-2010/031089).
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 for the heat sealant layer. In the
same field of endeavor, i.e. packaging material comprising a heat-seal layer, Takeishi
teaches a heat seal multilayer comprising a heat-sealable layer and a support for the
heat-sealable layer (Takeishi, para. 0043). In light of Takeishi's teaching, the POSITA
would be motivated to provide support for the heat seal layer of Takasugi in order to
provide "stable strength" for the heat-seal layer (Takeishi, para. 0049). The laminate of
Takasugi in combination with Takeishi in the manner depicted above is deemed to
function as a "transfer film" because the laminate comprises the same layer
components within the same order as claimed. The substrate in the heat-seal multilayer is a stretched film (Takeishi, para. 0059).
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 4: Takasugi teaches a protective layer, i.e. barrier coat layer, on the
inorganic evaporated film (para. 0080 and 0089).
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 argues that Takeichi does not teach or suggest the support substrate being a stretched film. This is incorrect. Like the instant specification, Takeishi teaches that the support for the heat seal layer can be stretched or non-stretched (para. 0059).
Applicant further argues that the substrate layer of Takasugi already has “excellent chemical and physical strength”, and thus the POSITA would not be motivated to provide a support in order to strengthen the sealant layer. The support substrate not only provides strength but also provides protection for the heat seal layer during storage or transportation, and when it is ready for application, the substrate can be removed to allow direct attachment of the heat seal layer to an external surface if desired. Therefore, there are multiple reasons to add a substrate to the heat seal layer.
Applicant filed February 27, 2026 have been fully considered but they are not persuasive for the reasons discussed above.
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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/HOA (Holly) LE/Primary Examiner, Art Unit 1788
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