DETAILED OFFICIAL ACTION
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 .
Examiner Note
It is noted that all references hereinafter to Applicant’s specification (“spec”) are to the published application US 2024/0217223, unless stated otherwise. Further, any italicized text utilized hereinafter is to be interpreted as emphasis placed thereupon.
Information Disclosure Statement
The information disclosure statements (IDS) filed 15 March 2024 and 10 December 2024 are in compliance with 37 CFR 1.97 and 1.98 and have been considered.
Claim Status
Claims 1-11 are pending and under consideration on the merits.
Claim Objections
Claim 9 is objected to because of the following informalities:
Improper grammar which hinders the readability of the claim: “wherein the paper substrate has a weight of 50 mass% or more of the entire gas barrier laminate.”
Appropriate correction is required.
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.
Claims 1-2 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamaguchi (JP 2020-044713; “Yamaguchi”) (original copy and machine translation provided herewith, translation relied upon).
Regarding claim 1, Yamaguchi discloses a multilayer laminate packaging material (gas barrier laminate) comprising the following layers in the order stated: paper substrate 120 (paper substrate), first adhesive resin 130, gas barrier 140, second adhesive resin 150 (adhesive layer), and heat-fusible resin 160 (sealant layer) [0008, 0015, 0018, 0039; Fig. 1]. The first adhesive resin layer comprises, inter alia an ethylene-(meth)acrylic acid (EAA, EMAA), ethylene-methyl acrylate (EMA), or ethylene-ethyl acrylate (EEA) copolymer [0022-0024] (an anchor coat layer containing a polyolefin having polar groups – [spec, 0034]), see MPEP 2131.02(II). The gas barrier layer is a vapor-deposited film comprising a metal or metal oxide [0025] (vapor deposition layer), see MPEP 2131.02(II).
The laminate of Yamaguchi, set forth/cited above, anticipates the gas barrier laminate (hereinafter “laminate”) defined by each and every limitation of claim 1.
Regarding claim 2, the rejection of claim 1 above reads on the laminate defined by claim 2.The EAA or EMAA copolymer of the first adhesive resin layer 130 (anchor coat layer) exhibits polar groups which are carboxyl groups (polyolefin having polar groups contains a carboxyl group); alternatively, the EMA or EEA copolymer of the first adhesive resin layer 130 exhibits polar groups which are carboxylic acid ester groups (polyolefin having polar groups contains a carboxylic acid ester).
Claims 1-2, 6, and 8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Noishiki et al. (US 2024/0309588; “Noishiki”).
Nakajima et al. (JP 2013-129735; “Nakajima”) (original copy and machine translation provided herewith, translation relied upon) is relied upon as an evidentiary reference in support of the rejection of claim 8.
Regarding claim 1, Noishiki discloses a vapor deposition paper comprising the following layers, in the order stated: clay-coated paper substrate (paper substrate), resin layer (anchor coat layer), vapor deposition layer (vapor deposition layer), overcoat layer (adhesive layer), heat seal layer (sealant layer) [Abstract; 0001-0003, 0039, 0054, 0065, 0097-0099, 0102, 0120].
The resin layer (anchor coat layer) contains a water-suspendable polymer that is, inter alia an olefin-unsaturated carboxylic acid copolymer such as EAA or EMAA, or a vinyl alcohol-based resin such as PVOH [0065, 0067-0069] (see MPEP 2131.02(II); see spec, [0033-0036]) (an anchor coat layer containing at least one of a polyvinyl alcohol-based resin, and a polyolefin having polar groups).
The overcoat layer (adhesive layer) contains a polyurethane-based resin, and is formed by applying and thereafter drying an aqueous or solvent-based solution or dispersion of the resin on the vapor deposition layer [0102-0113, 0116-0118]; see spec, [0046-0058]. Specifically, the overcoat layer may be formed from Takelac™ WPB-341, available from Mitsui Chemicals, Inc. [0281].
The vapor deposition paper of Noishiki, set forth/cited above, anticipates the gas barrier laminate defined by each and every limitation of claim 1.
Regarding claim 2, the rejection of claim 1 above reads on the laminate defined by claim 2 – the resin layer (anchor coat layer) suitably contains EAA or EMAA, wherein the polar groups of both EAA and EMAA are carboxyl groups (the polyolefin having polar groups contains at least one selected from the group consisting of a carboxyl group, a salt of a carboxyl group, a carboxylic anhydride and a carboxylic acid ester).
Regarding claim 6, the rejection of claim 1 above reads on the laminate defined by claim 6 – the resin layer (anchor coat layer) suitably contains PVOH (the anchor coat layer contains the polyvinyl alcohol-based resin).
Regarding claim 8, as set forth above in the rejection of claim 1, Noishiki discloses that the overcoat layer (adhesive layer) is suitably formed from Takelac™ WPB-341; Noishiki also discloses that the polyurethane-based resin includes a structural unit derived from meta-xylylene diisocyanate or hydrogenated meta-xylylene diisocyanate [0103-0105]. Takelac™ WPB-341 polyurethane from Mitsui is formed from monomeric components including hydrogenated meta-xylylene diisocyanate, dimethylolpropionic acid (polyol having two or more hydroxyl groups), and ethylene glycol (polyol having two or more hydroxyl groups) [Nakajima, 0071]. That is, WPB-341 is the cured product of a composition including a polyol having two or more hydroxyl groups per molecular and an isocyanate having two or more isocyanate groups per molecule, as claimed. The vapor deposition paper of Noishiki set forth/cited above reads on the laminate defined by claim 8.
Claim Rejections - 35 USC § 103
This application currently names joint inventors. In considering patentability of the claims the Examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the Examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Noishiki as applied to claim 1 under 35 U.S.C. 102(a)(2) above, further in view of Toft et al. (EP 2451644 B1; “Toft”) (copy provided herewith) and Nakamura et al. (JP 2020-164554; “Nakamura”) (original copy and machine translation provided herewith, translation relied upon).
Regarding claim 3, in view of, and as set forth in, the rejection of claim 1 under 102(a)(2) above, the resin layer (anchor coat layer) of Noishiki – which adheres the paper substrate to the vapor deposition layer, i.e., is interposed therebetween – contains the water-suspendable polymer that is, inter alia an olefin-unsaturated carboxylic acid copolymer (polyolefin having polar groups), e.g., ethylene-acrylic acid (EAA) or ethylene-methacrylic acid (EMAA) copolymer.
Further, Noishiki teaches that the resin layer suitably exhibits water vapor barrier properties, and thereby improves the overall barrier performance of the vapor deposition paper [0065].
Noishiki is silent regarding the water-suspendable polymer being a copolymer of an acrylic acid ester and maleic anhydride, as claimed.
Toft teaches that that polyolefins which are suitable for forming tie/lamination layers – and in particular, for bonding vapor-deposited layers to paper-based layers [0064] – are copolymers having functional group-containing monomer units such as carboxylic or glycidyl functional groups, e.g., (meth)acrylic acid monomers and maleic anhydride (MAH) monomers [0063-0064]. Examples of the aforesaid copolymers include EAA, EMAA, ethylene-glycidyl (meth)acrylate (EG(M)A), and MAH-grafted polyethylene (MAH-g-PE) [0063].
That is, Toft reasonably teaches that MAH is a carboxylic-functional monomer, which is functionally equivalent to acrylic acid and methacrylic acid (carboxylic-functional monomers), for forming copolymers with ethylene which exhibit carboxylic group functionality (polar groups) and are suitable for use as intermediate bonding layers between vapor-deposited layers and paper-based substrates. See MPEP 2144.06 and MPEP 2144.07. Toft is directed to multilayer, paper-based packaging materials for foods, and food packaging containers formed therefrom [0001-0002, 0012-0016, 0071, 0145].
Nakamura, directed to paper-based laminates and food packaging materials formed therefrom, teaches that ethylene-(meth)acrylic acid (EAA, EMAA) copolymers and ethylene-(meth)acrylate-maleic anhydride terpolymers (E-(M)A-MAH) [0025] are functionally equivalent acid group-containing olefin resins suitable for forming coating layers – on paper substrates [0002, 0074-0075, 0092-0095, 0099] – which exhibit excellent water vapor barrier properties for protection of foods from degradation due to moisture exposure [0001-0003, 0006-0021, 0025, 0074].
Noishiki, Toft, and Nakamura each constitute prior art which is directly analogous to the claimed invention. In view of the combined teachings of the foregoing prior art, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the vapor deposition paper of Noishiki by having utilized an E-(M)A-MAH terpolymer as the olefin-unsaturated carboxylic acid-based copolymer constituting the water-suspendable polymer of the resin layer (anchor coat layer), as the E-(M)A-MAH terpolymer would have been readily recognized as functionally equivalent to EAA and EMAA copolymers (carboxylic-functional olefin copolymers) for use in intermediate tie/bonding layers adhering paper substrates to vapor-deposited layers (MPEP 2144.06(II)), and/or readily recognized as a carboxylic-functional olefin copolymer suitable for the aforesaid use as an intermediate tie layer between said layers of the laminate (MPEP 2144.07), and additionally to have imparted additional water vapor barrier capabilities to the vapor deposition paper (as recognized/desired by Noishiki). Applicant is respectfully directed to MPEP 2144.07 – the selection of a known material based on its suitability for its intended use has been held prima facie obvious by the Courts. See also MPEP 2144.06(II) – an express suggestion to substitute one equivalent component for another is not necessary to render such substitution obvious.
The resin layer (anchor coat layer) of the vapor deposition paper of Noishiki, in accordance with the foregoing modification, would have contained ethylene-(meth)acrylate-maleic anhydride terpolymer (E-(M)A-MAH) as the water-suspendable polymer, wherein each of acrylate and methacrylate (i.e., “(M)A”) are acrylic acid esters (the polyolefin having polar groups is a copolymer of an acrylic acid ester and a maleic anhydride). The vapor deposition paper of Noishiki, as modified above, reads on the laminate defined by claim 3.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Noishiki as applied to claim 1 under 35 U.S.C. 102(a)(2) above, further in view of Cham et al. (US 2013/0101855; “Cham”).
Regarding claim 4, in view of, and as set forth in, the rejection of claim 1 under 102(a)(2) above, the resin layer (anchor coat layer) of Noishiki – which adheres the paper substrate to the vapor deposition layer, i.e., is interposed therebetween – contains the water-suspendable polymer that is, inter alia EAA or EMAA, or a vinyl alcohol-based resin such as PVOH.
Noishiki is silent regarding the resin layer containing ethylene-vinyl acetate (EVAc) copolymer.
Cham is directed to paper-based, multilayer food packaging materials comprising (in the order stated) a paper substrate (112) coated with, inter alia clay as a filler layer (114), primer layer (116), vapor-deposited barrier layer (118), and a sealant layer (120) [Abstract; Fig. 1; 0002, 0020, 0026-0028, 0035-0042]. The primer layer (116) smooths the surface of the paper (112), increases bonding between the paper and the vapor-deposited barrier layer (118), improves deposition of said barrier layer (118), and can impart additional barrier functionality (to the packaging material), wherein the primer may be a solution coating or extrusion coating [0036, 0038, 0042].
Cham teaches that the primer layer (116) is suitably formed from – in the alternative to EAA and/or PVOH [0038; claims 4 and 38] – EVAc copolymer [0042]. The use of polymeric materials having polar chemical groups in forming the primer layer provides for said smooth surface and improved adhesion of the vapor-deposited barrier layer [0036-0042]. See MPEP 2144.06(II), MPEP 2144.07.
Noishiki and Cham each constitute prior art which is directly analogous to the claimed invention. In view of the combined teachings of the foregoing prior art, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the vapor deposition paper of Noishiki by having utilized an EVAc copolymer to form the resin layer (anchor coat layer), as EVAc would have been readily recognized as suitable for the intended use as a carboxyl-functional binder polymer capable of adhering the paper substrate to the vapor deposition layer (MPEP 2144.07), and/or recognized as functionally equivalent to EAA and PVOH for the aforesaid intended use (MPEP 2144.06(II)).
The resin layer (anchor coat layer) of the vapor deposition paper of Noishiki, in accordance with the foregoing modification, would have contained EVAc (the polyolefin having polar groups is an ethylene-vinyl acetate copolymer). The vapor deposition paper of Noishiki, as modified above, reads on the laminate defined by claim 4.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Noishiki as applied to claim 1 under 35 U.S.C. 102(a)(2) above, further in view of Toft.
Regarding claim 5, in view of, and as set forth in, the rejection of claim 1 under 102(a)(2) above, the resin layer (anchor coat layer) of Noishiki – which adheres the paper substrate to the vapor deposition layer, i.e., is interposed therebetween – contains the water-suspendable polymer that is, inter alia EAA or EMAA.
Noishiki is silent regarding the resin layer containing ethylene-glycidyl methacrylate copolymer.
The disclosure/teachings of Toft set forth/cited above (see ¶28-29) are incorporated herein by reference. Toft reasonably teaches that (EG(M)A) is a functional group-containing monomer suitable for the intended use (stated above), and as an alternative to EAA and EMAA for said use.
In view of the combined teachings of the foregoing prior art, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the vapor deposition paper of Noishiki by having utilized EG(M)A as the water-suspendable polymer of the resin layer (anchor coat layer), as EG(M)A would have been readily recognized as suitable for use in intermediate tie/bonding layers adhering paper substrates to vapor-deposited layers (MPEP 2144.07) as an alternative to EAA and EMAA copolymers.
The resin layer (anchor coat layer) of the vapor deposition paper of Noishiki, in accordance with the foregoing modification, would have contained EG(M)A as the water-suspendable polymer (the polyolefin having polar groups is an ethylene-glycidyl methacrylate copolymer). The vapor deposition paper of Noishiki, as modified above, reads on the laminate defined by claim 5.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Noishiki as applied to claim 1 under 35 U.S.C. 102(a)(2) above, further in view of Arai et al. (US 2009/0176103; “Arai”) and Sato et al. (US 2018/0147814; “Sato”).
Nishida et al. (JP 2011-230379; “Nishida”) (original copy and machine translation provided herewith, translation relied upon) is relied upon as an evidentiary reference in support of the rejection.
Regarding claim 7, in view of, and as set forth in, the rejection of claim 1 under 102(a)(2) above, the overcoat layer (adhesive layer) of Noishiki is formed from a polyurethane-based resin, e.g., Takelac™ WPB-341. Noishiki discloses that the overcoat layer provides additional oxygen barrier properties to the vapor deposition paper (relative to the underlying vapor deposition layer), and reduces/prevents damage to the vapor deposition resultant from bending of the laminate [0102]. Further, the polyurethane includes structural units derived from meta-xylylene diisocyanate or hydrogenated meta-xylylene diisocyanate, thereby contributing to the gas barrier properties and interlayer cohesion [0104-0105].Additionally, Noishiki discloses that the heat seal layer (sealant layer) – which overlies the overcoat layer (adhesive layer) – is suitably formed from, inter alia acrylic- or polyester-based resins [0120-0125].
Noishiki is silent regarding the overcoat layer including or being formed from the cured product of an epoxy resin and epoxy resin curing agent, as defined by claim 7.
Arai teaches that polyepoxy-based resins that are the cured product of an epoxy resin and an epoxy resin curing agent, exemplified by Maxive™ M-100 (epoxy) and M-93 (curing agent) available from Mitsubishi, are suitable alternatives to polyurethane-based resins, exemplified by the Takelac™ WPB series from Mitsui, for forming gas-barrier adhesive layers disposed between a vapor-deposited inorganic layer and an overlying layer formed from polyacrylic or polyester resin [0016-0019, 0074, 0083; Tables 1-2, Examples 1 and 4].The polyepoxy-based resin system M-100/M-93 exhibits identical oxygen transmission (OTR) and water vapor transmission (WVTR) rates to that of the Takelac™ polyurethane [Tables 1-2, Examples 1 and 4].
Arai teaches that the aforesaid gas barrier adhesive layers are suitable for use in food packaging films/containers [Abstract; 0001, 0014, 0020-0021, 0098-0100]; that the polyepoxy-based resin protects the vapor deposition layer from damage and improves the existence defects such as cracks/pinholes when coated thereon [0025, 0030-0032]; and that the epoxy resin curing agent (in accordance with the broad disclosure) is the reaction product of, preferably, metaxylylenediamine or paraxylylenediamine and, inter alia a monovalent, aliphatic or aromatic carboxylic acid [0034-0039]. The M-93 curing agent is aromatic [Nishida, 0041].
Sato teaches that Maxive™ M-100 polyepoxy – utilized as an [gas barrier] adhesive layer (“adhesive layer (X) 21”) for adhering an inorganic vapor-deposited layer of a substrate to an overlying polyester-based layer [Figs. 1-3; 0043-0045, 0052-0053, 0058-0059, 0061-0064, 0139; Table 1] – is cured by a polyamine resin curing agent which is the reaction product of metaxylylenediamine or paraxylylenediamine and acrylic acid, methacrylic acid, a derivative of said (unsaturated carboxylic) acids [0062-0063]. Sato teaches that said curing agent is Maxive™ C-93T [Table 1].
Thus, Sato reasonably teaches that the acid component forming said polyamine curing agent (reacted with m- or p-xylylenediamine) is suitably methacrylic acid or a derivative thereof (unsaturated carboxylic acid, R1 = CH3); and that C-93T is [a] the curing agent, in accordance with the foregoing [Sato, 0063; Table 1], suitable for use in conjunction with M-100. See MPEP 2144.07.
Noishiki, Arai, and Sato each constitute prior art which is directly analogous to the claimed invention – multilayer laminates for forming packaging materials/containers, inclusive of a gas barrier adhesive layer disposed over a vapor-deposited inorganic layer and formed from a polyurethane-based or polyepoxy-based resin composition. In view of the combined teachings of the foregoing prior art, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the vapor deposition paper of Noishiki by having utilized Maxive™ M-100 polyepoxy resin and either of Maxive™ M-93 or C-93T epoxy resin curing agents, to form the overcoat layer, in place of Takelac™ WPB-341, as the Maxive™ polyepoxy resin systems would have been readily recognized as functionally equivalent to polyurethane-based gas barrier adhesive compositions, in particular those commercially available as Takelac™, for formation of gas barrier adhesive layers interposed between a vapor-deposited inorganic layer and polyester-based or polyacrylic-based layer and requiring very low WVTR and OTR (MPEP 2144.06(II)), and/or readily recognized as a suitable gas barrier adhesive material for the aforesaid use (MPEP 2144.07).
The overcoat layer (adhesive layer) of the vapor deposition paper of Noishiki, in accordance with the foregoing modification, would have been formed from a coating composition/system comprising Maxive™ M-100 epoxy resin, and Maxive™ M-93 or C-93T epoxy resin curing agent, and thereby would have included either of the resultant cured epoxide resins. The cured product of M-100 and C-93T reads on the cured product of the adhesive layer as defined by claim 7 [spec, 0083; Table 2, Example 6].
The vapor deposition paper of Noishiki, as modified above, reads on the laminate defined by claim 7.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Noishiki as applied to claim 1 under 35 U.S.C. 102(a)(2) above, further in view of Noda et al. (US 2020/0269554; “Noda”).
Regarding claim 9, in view of the rejection of claim 1 under 102(a)(2) above, Noishiki discloses the following regarding the basis/surface/coating weights and/or thicknesses of each of the layers of the vapor deposition paper:
Paper substrate (clay-coated) – 25-520 g/m2, about 5-150 µm [0050-0051, 0063]
Resin layer (anchor) – 0.1-10 g/m2 [0087]
Vapor deposition layer – 1-1,000 nm (0.001-1 µm) [0101]
Overcoat layer (adhesive) – 0.1-10 g/m2, 0.1-10 µm [0110-0111]
Heat seal layer – 1-15 µm [0127-0128].
Further, Noishiki discloses that the heat seal layer may be formed by applying/drying a thermoplastic resin solution (coating composition), or by extrusion lamination, wherein examples of the resin forming the heat seal layer include, inter alia polyester-based resins, acrylic-based resins, polyolefin-based resins, PVOH-based resins, and ionomers [0120-0128].
Noishiki is silent regarding the paper substrate defining 50% by mass or more of the overall weight of the vapor deposition paper.
Noda teaches that the coating weight of heat-sealable resin layers – formed by applying/drying a coating solution or by lamination, preferably on the barrier-side of the paper substrate of a multilayer packaging material utilized to form a bag [Abstract; 0082, 0128-0129, 0139, 0141] – may range from 2-20 g/m2, and may be properly adjusted depending on the required heat-sealing property (i.e., heat seal bond strength) [0141-0143]. The resin defining the heat-sealable layer exhibiting said weight is not limited, but may be, inter alia a polyolefin-based, acrylic-based, polyester-based, or PVOH-based resin [0128-0130, 0142].
Noishiki and Noda [Abstract; 0001, 0005, 0034-0036] each constitute prior art which is directly analogous to the claimed invention – multilayer packaging materials exhibiting high water vapor barrier properties. In view of the combined teachings of the foregoing prior art, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the vapor deposition paper of Noishiki by having formed the heat seal layer at a coating weight of 2-20 g/m2, to impart/achieve a desired degree of heat-sealability to the deposition paper, e.g., based on predetermined use of the deposition paper as a packaging material for one or more/other foodstuffs [Noishiki, 0134].
The vapor deposition paper of Noishiki, in accordance with the foregoing modification, would have exhibited all of the elements set forth above, wherein the heat seal layer would have exhibited a coat weight of 2-20 g/m2. Given that the vapor deposition layer exhibits an extremely small thickness (as low as 1 nm) corresponding to an essentially negligible surface weight, through calculation, the paper substrate of the vapor deposition paper of Noishiki (resultant from modification) would have defined from about 38 wt.% (25/65) to about 99 wt.% (520/522.2) of the overall weight of the vapor deposition paper. The calculated weight range overlaps with, and thereby renders prima facie obvious the claimed range of 50 mass% or more (see MPEP 2144.05(I)) – the vapor deposition paper of Noishiki, as modified above, reads on the laminate defined by claim 9.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Noishiki, in view of Dalpe et al. (US 2012/0207954; “Dalpe”).
Regarding claims 10-11, the rejection of claim 1 under 35 U.S.C. 102(a)(2) above (¶15-18) is incorporated herein by reference (not repeated). In view thereof, Noishiki discloses that the vapor deposition paper exhibits excellent water vapor barrier properties, and is suitable/intended for use as packaging material for foods, medical products, electronic products, and the like requiring protection from moisture to prevent degradation resultant from exposure thereto [Abstract; 0001-0002, 0130-0131, 0134].
Noishiki is silent regarding the vapor deposition paper being formed specifically into a bag (claim 10), wherein the bag includes a folded portion (claim 11).
Dalpe is directed to a packaging bag having side gussets (1, 2) and a longitudinal-axis seal (lap seal) (5) [Abstract; Fig. 1; 0039]. The bag is intended for packaging products which are highly-sensitive to moisture exposure, e.g., dry powdered foods, and accordingly is formed from a paper-based, heat-sealable, multilayer laminate material exhibiting low WVTR resultant from inclusion of both a vapor-deposited aluminum layer and a barrier layer [Abstract; 0001-0004, 0011, 0013, 0019-0020, 0039-0041, 0063].
Noishiki and Dalpe each constitute prior art which is directly analogous to the claimed invention. In view of the combined teachings of the foregoing prior art, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to have formed the heat-sealable vapor deposition paper of Noishiki into a packaging bag of the aforecited type taught by Dalpe, as the deposition paper would have been readily recognized as suitable for the intended use, and exhibiting heat-sealability required for bag formation (MPEP 2144.07).
In accordance with the foregoing modification, the vapor deposition paper of Noishiki would have been formed/folded and heat-sealed into the packaging bag exhibiting side gussets (folded portion) and a lap seal. The resultant packaging bag reads on the
Claims 1-2, 4, 6, 8, and 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Sugiyama et al. (JP 2021-094751; “Sugiyama”) (original copy and machine translation provided herewith, translation relied upon), in view of Cham.
Regarding claim 1, Sugiyama discloses a gas barrier laminate and a packaging material including/formed from said laminate – the gas barrier laminate comprises the following layers in the order stated: paper substrate (1) (paper substrate), primer layer (2) (anchor coat layer), vapor-deposited layer (3) (vapor deposition layer), gas barrier coating layer (5), adhesive layer (12), sealant layer (15) (sealant layer), i.e., 1/2/3/5/12/15 [Title; Fig. 2; 0001, 0007-0008, 0018, 0047]. Alternatively, the adhesive (12) is not required to be present, wherein the sealant layer (15) may be laminated onto the gas barrier coating layer (5) by heat treatment [0049], i.e., the gas barrier laminate can comprise the following layer sequence: 1/2/3/5/15.
The gas barrier coating layer (5) comprises a water-soluble polymer that is, inter alia polyvinyl alcohol (PVOH) [0031-0046]; the adhesive layer (12) is a polyurethane-based resin [0047-0048]. The adhesive layer (12) reads on the claimed adhesive layer; alternatively, in accordance with the laminate which does not include the adhesive layer, the gas barrier coating layer (5) reads on the claimed adhesive layer.
The primer layer (2) improves adhesion between the paper substrate (1) and vapor-deposited layer (3), and smooths the surface of the substrate (1) to fill the paper and prevent defect formation in the vapor-deposited layer (3) [0020]. The primer layer (2) may be formed from, inter alia a polyolefin emulsion or polyacrylics [0021] (see MPEP 2131.02(II), MPEP 2144.07), but is not limited thereto [0021-0026].
With respect to the difference relative to the gas barrier laminate defined by claim 1, Sugiyama is silent regarding the primer layer (2) (anchor coat layer) containing at least one of a polyvinyl alcohol (PVOH) based resin and a polyolefin having polar groups.
Cham is directed to paper-based, multilayer food packaging materials comprising (in the order stated) a paper substrate (112), primer layer (116), vapor-deposited barrier layer (118), and a sealant layer (120) [Abstract; Fig. 1; 0002, 0020, 0026-0027, 0035-0042]. The primer layer (116) smooths the surface of the paper (112), increases bonding between the paper and the vapor-deposited barrier layer (118), improves deposition of said barrier layer (118), and can impart additional barrier functionality (to the packaging material), wherein the primer may be a solution coating or extrusion coating [0036, 0038, 0042].
Cham teaches that the primer layer (116) is suitably formed from a coating composition (solution) comprising ethylene-acrylic acid copolymer (EAA) and PVOH [0038]; or alternatively, (extrusion coating) ethylene-methyl acrylate (EMA) copolymer or ethylene-vinyl acetate (EVAc) copolymer [0042]. The use of polymeric materials having polar chemical groups in forming the primer layer provides for said smooth surface and improved adhesion of the vapor-deposited barrier layer [0036-0042]. See MPEP 2144.06(II), MPEP 2144.07.
Sugiyama and Cham each constitute prior art which is directly analogous to the claimed invention.
In view of the combined teachings of the foregoing prior art, and given that Sugiyama discloses that polyolefins and acrylic polymers are suitable for forming the primer layer, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the gas barrier laminate of Sugiyama by having utilized (i) a combination of PVOH and EAA, or (ii.a) EMA or (ii.b) EVAc, to form the primer layer coated on the paper substrate (1), as each of the foregoing polymeric coating materials would have been readily recognized as suitable primers (intended) for smoothening the paper surface and adhering the vapor-deposited barrier layer to said surface. Applicant is respectfully directed to MPEP 2144.07 – the selection of a known material based on its suitability for its intended use has been held prima facie obvious by the Courts. See also MPEP 2144.06(II) – an express suggestion to substitute one equivalent component for another is not necessary to render such substitution obvious.
The gas barrier laminate of Sugiyama, in accordance with foregoing modifications (hereinafter “modified Sugiyama”), would have comprised all of the layers set forth/cited above (i.e., 1/2/3/5/12/15 or 1/2/3/5/15), wherein (i) the primer layer (2) would have comprised PVOH and EAA; or would have comprised (ii.a) EMA or (ii.b) EVAc. PVOH reads on the polyvinyl alcohol-based resin, and each of EAA, EMA, and EVAc read on a polyolefin having polar groups [spec, 0032-0036], of the claimed anchor coat layer.
The gas barrier laminate of modified Sugiyama, set forth above, reads on the gas barrier laminate defined by each and every limitation of claim 1.
Regarding claim 2, the rejection of claim 1 above reads on the laminate defined by claim 2 – EVAc exhibits a carboxylic acid ester group, EAA exhibits a carboxyl group, and EMA exhibits a carboxylic acid ester group (the polyolefin having polar groups contains at least one selected from the group consisting of a carboxyl group, a salt of a carboxyl group, a carboxylic anhydride and a carboxylic acid ester).
Regarding claim 4, the rejection of claim 1 above reads on the laminate defined by claim 4 – the primer layer (2) of the gas barrier laminate of modified Sugiyama according to modification (ii.b) includes EVAc (the polyolefin having polar groups is ethylene-vinyl acetate copolymer).
Regarding claim 6, the rejection of claim 1 above reads on the laminate defined by claim 6 – the primer layer (2) of the gas barrier laminate of modified Sugiyama according to modification (i) includes PVOH (the anchor coat layer contains the polyvinyl alcohol-based resin).
Regarding claim 8, as set forth above in the rejection of claim 1, Sugiyama discloses that the adhesive layer (12) is formed from a polyurethane-based resin. Specifically, Sugiyama discloses that the polyurethane is obtained by reacting a bifunctional (or higher) isocyanate (an isocyanate compound having two or more isocyanate groups per molecule) with a polyol (polyol having two or more hydroxyl groups per molecule), such as a polyester polyol, polyether polyol, acrylic polyol, or carbonate polyol [0048]. The adhesive layer (12) of the laminate of modified Sugiyama reads on the adhesive layer of the laminate defined by claim 8 (the adhesive layer is a cured product of a resin composition containing a polyol having two or more hydroxyl groups per molecule and an isocyanate compound having two or more isocyanate groups per molecule).
Regarding claims 10-11, the rejection of claim 1 above is incorporated herein by reference (not repeated for sake of brevity). In view thereof, Sugiyama discloses that the gas barrier laminate is formed into a gusseted packaging bag (20), which includes folded portions (B1, B2) [Fig. 3; 0050-0051]. In accordance with the modifications set forth above in the rejection of claim 1, the gusseted packaging bag formed from the gas barrier laminate of modified Sugiyama reads on each bag defined by claims 10 and 11, respectively.
Pertinent Prior Art
The following constitutes a list of prior art which are not relied upon herein, but are considered pertinent to the claimed invention and/or written description thereof. The prior art are purposely made of record hereinafter to facilitate compact/expedient prosecution, and consideration thereof is respectfully suggested.
US 5,981,011 to Overcash et al. – directed to a coated paper-based packaging material suitable for use in forming food packaging containers, wrappers, and receptacles for storage of food; packaging material prevents penetration of grease, oil, and/or water/moisture [Abstract; col. 1 ln. 9-13; col. 2 ln. 40-53; col. 3 ln. 30-51; col. 5 ln. 1-20]; packaging material comprises a paper substrate [col. 2 ln.41-42; col. 5 ln. 21-46] coated with a barrier coating composition which allows for metallization/metal coating directly onto the resultant layer [col. 4 ln. 2-8; col. 5 ln. 66–col. 12 ln. 66]; barrier coating comprises a polymer/resin that is suitably, inter alia PVOH, PVAc, acrylic, maleic anhydride copolymers such as ethylene-maleic anhydride [col. 5 ln. 66 –col. 9 ln. 30]
Conclusion
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Michael C. Romanowski whose telephone number is (571)270-1387. The Examiner can normally be reached M-F, 09:30-17:30.
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/MICHAEL C. ROMANOWSKI/Primary Examiner, Art Unit 1782
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