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 .
DETAILED ACTION
Election/Restrictions
Applicant’s election of Group I, claims 1-13 and Species A (claim 10) in the reply filed on June 16, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 11 and 14-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 June 16, 2026.
Claim Objections
Claim 1 is objected to because of the following informalities:
In order to battery characterize applicant’s claimed invention,
At line 3, replace “(component A)” with “as a component A”.
At line 4, replace “(component B)” with “as a component B”
At line 6, insert “the” before “R1 and R2”.
Allowable Subject Matter
Claim 10 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the closest prior art is Shin Oki et al. (JP 20196532A). English translation of Shin was previously provided with the Office action mailed on May 21, 2026.
Shin discloses a gas barrier coating agent comprising a polyvinyl alcohol (PVOH) having a structural unit claimed by formula (1) of parent claim 1 as component A and a PVOH having carbonyl group (0016). Shin further positively requires a hydrazine -based crosslinking agent (component C) in the gas barrier coating (0015-0016). Claim 10 explicitly excludes any crosslinking agents from the anti-migration coating agent. Accordingly, claim 10 is allowable over the prior art of record.
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 2-7 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.
As to claims 2-7, these claims recite “component A” and “component B”. It is unclear whether these components refer to component A and component B of the parent claim 1 or represent additional components. Applicant should insert “the” before “component A” and “component B”.
Further, as to claim 3, this claim with respect to R5 recites that it “that may also have halogen group….”. The recitation “may also have” renders claim indefinite, because it is unclear whether the claim positively requires “halogen group…” as recited in the claim. Applicant should replace “that may also have” with “that optionally contains ”.
Further, as to claim 4, this claim recites “formula (2)”. It is unclear what the formula is, because claim does not define any formula.
Claim Rejections - 35 USC § 102
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 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) 1-8, 12, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shin Oki et al. (JP 20196532A).
As to claim1, Shin teaches a gas barrier coating agent (anti-migration coating agent) containing a PVOH copolymer having a structure identified by claimed formula (1) reproduced below, and a PVOH copolymer having a carbonyl group (0016).
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As to claim 2, this claim is disclosed by Shin at 0016.
As to claim 3, this claim is disclosed by Shin at 0017.
As to claim 4, this claim is disclosed by Shin at 0017.
As to claim 5, this claim is disclosed by Shin at 0017.
As to claim 6, this claim is disclosed by Shin at 0017.
As to claim 7, this claim is disclosed by Shin at 0017.
As to claim 8, this claim is disclosed by Shin at 0016 (see “inorganic layered compound (component D)”).
As to claim 12 limitation the anti-migration coating agent “for undercoating before active energy-ray curable ink compositions are applied”, this limitation is deemed to be an intended use in so far as the structure of the product is concerned. In article claims, a claimed intended use must result in structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. MPEP 2111.02. Given that the anti-migration coating agent of Shin as set forth previously is identical to the presently claimed in terms of structure and composition, it meets the claimed intended use.
As to claim 13, Shin teaches a laminate comprising a plastic film (base material) and a gas barrier coating is applied to the outer surface of the plastic film (0057-0058).
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.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Shin Oki et al. (JP 20196532A) as applied to claim 1 above, and further in view of Kutsuna et al. (US 20030190480 A1).
Shin is silent as to disclosing claim 9.
Kutsuna discloses a gas barrier film (anti-migration coating agent) comprising a layer comprising a composition having oxygen-scavenging function including e.g. organic phosphorous compounds (abstract and 0027).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to include oxygen scavenging function such as any of the materials listed in Kustuna including organic phosphorus compounds, because such function is desirable in the gas barrier coating agent of Shin.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CA2101037 discloses a gas barrier resin composition.
JP 2005288948 A discloses a laminated film having high adhesion to a barrier layer. The barrier layer includes vinyl alcohol polymer having carbonyl groups and crosslinking agent (abstract).
JP 200656927A discloses coating agent including a vinyl alcohol polymer having carbonyl groups and crosslinking agent (abstract).
JP 2006176589 A discloses polyvinyl alcohol based resin and its uses.
Haschke et al. (US 5914368) discloses vinyl alcohol copolymers and water-soluble films using them.
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/ANISH P DESAI/ Primary Examiner, Art Unit 1788
June 25, 2026
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