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 .
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(s) 1,5 and 6 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimura (United States Patent No. 3812063) in view of Kuze (United States Patent No. 4454312).
Kimura discloses the invention as claimed including providing a film web, capable of being sealed, comprising a polyester manufactured from ethylene glycol (col. 2, lines 6-11), derived from terephthalic acid and isophthalic acid and Oligomer, present in the composition of 2%-80% mole % (col. 7, lines 14-57). What Kimura does not disclose is the ration of structural units of isophthalic acid and terephthalic acid of 3-15 mole %.
Kuze teaches that it is old and well known in the art of packaging films to provides a polyester film manufactures from terephthalic acid and isophthalic acid present in masses 80% and 20% for a ratio of 4 (See col. 2, lines 23-51).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have provide a polyester film with weight ratio of 4 for the purpose of manufacturing packaging with excellent sealing and transparent problems.
Claim(s) 7-10 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimura in view of Kuze in further view of Oya (Pub. No. US 2003/0008162).
In claims 7-10, The modified invention of Kimura through Kuze teaches that it is old and well known in the art of packaging films to provide a polyester film, which can be used for packaging. The modified invention of Kuze does not disclose is the film specifics used in packaging.
Oya teaches that it is old and well known in the art of packaging to provide a packaging film comprised of a transparent polyester layer (generally 1), intermediate color layer, hard and air resistant coating 5, sticky intermediate layer 2, which is fused at about 150C (para. 0120).
It would have been obvious to one having ordinary skill in the art at the time the invention was made to have provide a polyester film.
Allowable Subject Matter
Claims 3 and 4 are 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Sakano, Ishikura, Takagi, Okabe and Tumara are cited to show the state of the art of packaging polyester films.
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/PAUL R DURAND/Supervisory Patent Examiner, Art Unit 3754 June 16, 2026
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