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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 May 26, 2026 has been entered.
Information Disclosure Statement
The information disclosure statement filed April 15, 2026 has been entered and the references cited therein have been considered by the examiner
Previously Set Forth Rejections
The 35 USC 103 rejection of claims 1-8 as being unpatentable over JP4749050, as set forth in the final Office action mailed January 27, 2026, is hereby withdrawn.
The following new grounds of rejection are set forth:
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-6 and 8 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Inoue et al. (U.S. Patent Application Publication No. 2017/0258632) in view of Eikeland et al., Oxygen Diffusion Through Polymer Membranes Under Non-Steady-State Conditions, WIT Transactions on Ecology and the Environment, Vol. 245, pp. 201-210 (2020) (hereinafter “Eikeland et al.).
In regard to claim 1, Inoue et al. teach a multilayer film for a disposable body warmer outer bag (see para. 0027) comprised of a sealant layer 10 that has a thermal fusible resin substrate 11 (base material) and a vapor-deposited layer 12 made by vapor-depositing a metal or metal oxide on at least one surface of the substrate 11 (see Fig. 1 and para. 0030). A barrier layer 20 (heat-weldable resin layer) includes a polyvinyl chloride layer 22 and the multi-layer film is produced by pressure bonding (laminating) the layers together with the resin substrate 11 first, the vapor-deposited layer 12 second and the barrier layer 20 third (see para. 0056). Inoue et al. teach that the film can realize an oxygen permeability at 20 degrees C of 1.5 to 5.0 cc/m2 per day per atm (see para. 0054). However, Eikeland et al. teach that the temperature influences the permeation rate through a polymer membrane and in general, an increase in temperature gives an increase in flux through the membrane (see page 203). Thus, in the film/membrane of Inoue et al., an increase in temperature to 50 degrees C would result in a greater flux through the membrane, greater than 1.5 to 5.0 cc/m2 per day per atm. Accordingly, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention that the film/membrane of Inoue et al. is capable of an oxygen permeability at 50 degrees C of 11.4 to 62.8 cc/m2 per day per atm. Similarly, in regard to claim 2, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention that the film/membrane of Inoue et al. is capable of an oxygen permeability at 40 degrees C of 5.7 to 26.7 cc/m2 per day per atm. In regard to claim 3, see para. 0054 of Inoue et al. In regard to claim 4, see para. 0037 of Inoue et al. In regard to claims 5 and 6, see para. 0035 of Inoue et al. In regard to claim 8, see paras. 0057-060 of Inoue et al.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-6 and 8 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BEVERLY MEINDL FLANAGAN whose telephone number is (571)272-4766. The examiner can normally be reached Mon-Fri 7:30AM to 5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Joanne Rodden can be reached at (303) 297-4276. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BEVERLY M FLANAGAN/Primary Examiner, Art Unit 3794
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