DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
2. The amendment filed on December 29, 2025 has been entered in the above-identified application. Claims 1-9 are amended. New claim 10 has been added. Claims 1-10 are pending and under consideration.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
3. Claims 1-4, 7, 9, and 10 are rejected under 35 U.S.C. 102(a)(1) an/or 35 U.S.C. 102(a)(2) as being anticipated by Akao et al. (US 4906517 A).
Akao et al. disclose packaging materials (equivalent to the gas barrier paper packaging material of the claimed invention) having particular coextruded multilayers and a flexible sheet and wherein the packaging material is excellent in curl resistance, in physical strength particularly tear strength or in tearability by hand. The flexible sheet can be an aluminum-metallized polyethylene resin film or a aluminum-metallized polypropylene resin film (meeting the limitations of claim 10) and a second flexible sheet can be laminated and can be paper and can laminated on said coextruded multilayer film layer. The flexible sheet (equivalent to the sealant film of the claimed invention) capable of being laminated onto the coextruded film can also include various thermoplastic resin films (which may be unstretched, uniaxially stretched or biaxially stretched) such as various polyethylene films. The thickness of the flexible sheet layer is usually 6 to 200 microns. The coextruded multilayer film layer may be composed of three or more layers. The additional layer may be the polyolefin resin film layer, the ethylene copolymer resin film layer or other layers. The thickness of the coextruded multilayer film layer is generally 30 to 200 microns. In order to improve adhesiveness, the flexible sheet layer may be provided with an anchor coat layer. The anchor coating agent (equivalent to the anchor coating layer of the claimed invention) may be conventional such as polyethyleneimine, polyisocyanate, polyurethane, alkyl titanate, polybutadiene, polyolefin, polyester, polyethylene, organic titanate or the like (meeting the limitations of claim 7), and the anchor coat layer may be provided by applying the anchor coating agent by means of gravure roll coating, bar coating, dropping coating or the like. A protective layer (equivalent to the barrier layer of the claimed invention) may be provided and as the resin for the protective layer, acrylic resins cellulose resins such as cellulose acetate resin, urethane resins, epoxy resin, polyester resins, ionomer resins, EEA resins, various polyethylene resins and various polypropylene resins are usable Wax, gelatin and polyvinyl alcohol (meeting the limitations of claim 4) are also usable. Such a protective layer may be formed by a known solution coating or spray coating. A conductive material such as an antistatic agent, carbon black, a metal powder such as aluminum powder or aluminum paste or carbon fiber (equivalent to the inorganic layered compound of claim 3) may be added to a flexible sheet, a light-shielding layer, an adhesive layer or the protection layer, and thereby, elimination of static electricity is assured. As previously mentioned, another flexible sheet layer can be used and other flexible sheets include bleached kraft paper, synthetic pulp paper, synthetic paper, nonwoven fabric, neutral paper, dustfree paper, or the like. (equivalent to the paper substrate layer of the claimed invention). In the packaging material, the flexible sheet layer, and other layers may be laminated according to an usual method such as heat sealing (hot bar sealing, flame melt adhesion, hot blast adhesion, impulse heat sealing, supersonic adhesion, etc.), the method using an adhesive (wet laminating, dry laminating, hot melt laminating extrusion laminating etc.) and coextrusion method. Representative adhesives are thermoplastic resin melt adhesives including polyolefin adhesives, hot melt type gum adhesives and solution type adhesives. Examples of the adhesives for dry lamination are isocyanate adhesive and polyurethane adhesive (equivalent to the adhesive layer of the claimed invention). (See Abstract, All Figures, Column 3, lines 60-68, Column 6, lines 29-68, Columns 7 and 8, Column 9, lines 1-46). With regards to the oxygen permeability limitations of claim 9, he Examiner takes the position that such a limitation is inherent in the packaging materials taught by Akao et al. given that the chemical composition and the structure of the layers as taught by Akao et al. and that of the claimed invention are identical.
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.
4. Claims 5, 6, and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Akao et al. (US 4906517 A).
Akao et al. disclose packaging materials (equivalent to the gas barrier paper packaging material of the claimed invention) having particular coextruded multilayers and a flexible sheet and wherein the packaging material is excellent in curl resistance, in physical strength particularly tear strength or in tearability by hand. The flexible sheet can be an aluminum-metallized polyethylene resin film and a second flexible sheet can be laminated and can be paper and can laminated on said coextruded multilayer film layer. The flexible sheet (equivalent to the sealant film of the claimed invention) capable of being laminated onto the coextruded film can also include various thermoplastic resin films (which may be unstretched, uniaxially stretched or biaxially stretched) such as various polyethylene films. The thickness of the flexible sheet layer is usually 6 to 200 microns. The coextruded multilayer film layer may be composed of three or more layers. The additional layer may be the polyolefin resin film layer, the ethylene copolymer resin film layer or other layers. The thickness of the coextruded multilayer film layer is generally 30 to 200 microns. In order to improve adhesiveness, the flexible sheet layer may be provided with an anchor coat layer. The anchor coating agent (equivalent to the anchor coating layer of the claimed invention) may be conventional such as polyethyleneimine, polyisocyanate, polyurethane, alkyl titanate, polybutadiene, polyolefin, polyester, polyethylene, organic titanate or the like (meeting the limitations of claim 7), and the anchor coat layer may be provided by applying the anchor coating agent by means of gravure roll coating, bar coating, dropping coating or the like. A protective layer (equivalent to the barrier layer of the claimed invention) may be provided and as the resin for the protective layer, acrylic resins cellulose resins such as cellulose acetate resin, urethane resins, epoxy resin, polyester resins, ionomer resins, EEA resins, various polyethylene resins and various polypropylene resins are usable Wax, gelatin and polyvinyl alcohol (meeting the limitations of claim 4) are also usable. Such a protective layer may be formed by a known solution coating or spray coating. A conductive material such as an antistatic agent, carbon black, a metal powder such as aluminum powder or aluminum paste or carbon fiber (equivalent to the inorganic layered compound of claim 3) may be added to a flexible sheet, a light-shielding layer, an adhesive layer or the protection layer, and thereby, elimination of static electricity is assured. As previously mentioned, another flexible sheet layer can be used and other flexible sheets include bleached kraft paper, synthetic pulp paper, synthetic paper, nonwoven fabric, neutral paper, dustfree paper, or the like. (equivalent to the paper substrate layer of the claimed invention). In the packaging material, the flexible sheet layer, and other layers may be laminated according to an usual method such as heat sealing (hot bar sealing, flame melt adhesion, hot blast adhesion, impulse heat sealing, supersonic adhesion, etc.), the method using an adhesive (wet laminating, dry laminating, hot melt laminating extrusion laminating etc.) and coextrusion method. Representative adhesives are thermoplastic resin melt adhesives including polyolefin adhesives, hot melt type gum adhesives and solution type adhesives. Examples of the adhesives for dry lamination are isocyanate adhesive and polyurethane adhesive (equivalent to the adhesive layer of the claimed invention). (See Abstract, All Figures, Column 3, lines 60-68, Column 6, lines 29-68, Columns 7 and 8, Column 9, lines 1-46).
With regards to the limitation that the adhesive layer is applied in an amount of 0.1 to 5 g/m2 , that the barrier coating is applied in a dry amount of 2 g/m2 or less, and that the anchor coating is applied in a dry amount of 2 g/m2 or less, the Examiner would like to point out that workable physical properties and concentrations are deemed to be obvious routine optimizations to one of ordinary skill in the art, motivated by the desire to obtain the required properties.
Response to Arguments
5. Applicant's arguments filed on December 29, 2025 have been fully considered but they are not persuasive. Applicants traverse the rejection of claims 1-4, 7, and 9 under 35 U.S.C. § 102(a)(1)(2) as being anticipated by Akao et al. (U.S. Patent No. 4,906,517) and submit that from the description in Akao, it is clear that the protective layer is provided on the metal film layer, and not directly formed on the flexible sheet (corresponding to the sealant film) and that none of the figures disclosed in Akao shows a protective layer 24 disposed on the flexible sheet layer 1 or an anchor coating layer 23 that is disposed on the flexible sheet layer 1. Applicants further argue that claim 9 is directed to gas barrier paper packaging material comprising a sealant film, a barrier layer, an adhesive layer, and a paper substrate layer in a stated order.
First, use of the transition phrase “comprising” in claim 1, 2, and 9 is inclusive or open-ended and does not exclude additional, unrecited elements or method steps. There is nothing in the instant claims that requires that the barrier coating is formed directly on the sealant film and simply states “applying a barrier coating agent to one side of a sealant film” and hence indicating there may be additional layers between the barrier coating and the sealant layer. Second, with regards to the argument that none of the figures disclosed in Akao shows a protective layer 24 disposed on the flexible sheet layer 1 or an anchor coating layer 23 that is disposed on the flexible sheet layer 1, Applicants are reminded that a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art, including nonpreferred embodiments. Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments.
For the rejection of claims 5, 6, and 8 under 35 U.S.C. § 103 as being unpatentable over Akao et al. (U.S. Patent No. 4,906,517), Applicants state that unexpected beneficial features of the claimed invention are obtained by applying a gas barrier coating agent on the sealant film (claim 1) or on the sealant film via an anchor coat agent (claim 2) and that such beneficial features can be seen in the Examples disclosed in the present specification. In response the Examiner would like to point out that none of the claims are directed to an invention commensurate in scope with the showing in the Specification. In other words, the unexpected results do not extend to all barrier layers, all sealant films, all paper substrate layers or all adhesive layers. The showing only extends to a gas barrier packaging material comprising a specific barrier layer (an ethylene-vinyl alcohol copolymer with a montmorillonite filler), a specific sealant film (non-oriented polyethylene film), a specific paper substrate layer (one-side glazed paper) and a specific adhesive layer (a urethane-based adhesive) in specific amounts. The Examiner invites the Applicants to amend the claims to recite an invention commensurate in scope with the showing of unexpected results in the Specification.
Conclusion
6. Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to SHEEBA AHMED whose telephone number is (571)272-1504. The examiner can normally be reached Monday-Thursday 7am-6pm.
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/SHEEBA AHMED/ Primary Examiner, Art Unit 1787