DETAILED 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 .
Claim Rejections - 35 USC § 102
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 and 3-10 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by WO 2019/142923 (English machine translation).
WO 2019/142923 indicates that the objective of this invention is to provide a gas barrier laminate capable of achieving both suppression of retort odor and oxygen barrier properties (paragraph [0005]), and discloses, as examples 1-3, gas barrier laminates in which an aluminum oxide vapor deposition layer is provided on a polyethylene terephthalate film and a first coating layer using a coating solution A containing a polyacrylic acid aqueous solution and a second coating layer using a coating solution B containing a zinc oxide fine particle aqueous dispersion are further provided. Here, document 1 also indicates that in example 1, the thickness of the first coating layer was 0.15 µm and the thickness of the second coating layer was 0.25 µm, in example 2, the thickness of the first coating layer was 0.15 µm and the thickness of the second coating layer was 0.15 µm, and in example 3, the thickness of the first coating layer was 0.15 µm and the thickness of the second coating layer was 0.45 µm. Moreover, document 1 (paragraph [0145]) indicates that the effect of suppressing retort odor can be evaluated by ultraviolet absorbance.
Furthermore, according to the disclosure of WO 2019/142923 (paragraph [0034]), it can be understood that the first coating layer may also contain a polyvalent metal compound, and the polyvalent metal compound may be the same as or different from that of the second coating layer.
WO 2019/142923 does not specifically disclose a total X-ray fluorescence intensity of metal elements contained in the polyvalent metal-containing particles is 3.0 kcps or greater and 8.0 kcps or less, and an absorbance X of the gas barrier laminate obtained by subtracting an absorbance X₂ at a wavelength of 500 nm from an absorbance X₁ at a wavelength of 350 nm measured with an ultraviolet-visible spectrophotometer after hot water treatment at 130°C for 30 minutes using a 0.3 mass% L-cysteine aqueous solution satisfies the following formula (1): X = X₁ - X₂ ≥ 0.02 (abs) (1). However, applicant’s fluorescence and absorbance are inherent in WO 2019/142923. Here, comparing examples 1-3 of document 1 with example 5 of the specification of the present application, the "coating solution A" of WO 2019/142923 corresponds to the "coating solution 3-1" of the specification of the present application, and the "coating solution B" of WO 2019/142923 corresponds to the "coating solution 3-2" of the specification of the present application. Further, although the film thicknesses are somewhat different, considering the wording "the film thickness of the coating layer 3 is preferably 250-500 nm" in the specification (paragraph [0079]) of the present application, the total thickness of the first coating layer and the second coating layer of document 1 (examples 1-3) satisfies the preferred film thickness range, and when the fluorescent X-ray intensity of metal elements included in polyvalent-metal-containing particles and the absorbance X of the gas barrier laminate after a hot-water treatment at 130°C for 30 minutes using a 0.3% by mass L-cysteine aqueous solution, obtained by subtracting the absorbance X2 at a wavelength of 500 nm from the absorbance Xl at a wavelength of 350 nm as measured using an ultraviolet-visible spectrophotometer, are measured, the fluorescent X-ray intensity and the absorbance X are found to satisfy the conditions set forth in claim 1 of the present application.
Claim Rejections - 35 USC § 103
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) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2019/142923 (English machine translation).
WO 2019/142923 indicates that the objective of this invention is to provide a gas barrier laminate capable of achieving both suppression of retort odor and oxygen barrier properties (paragraph [0005]), and discloses, as examples 1-3, gas barrier laminates in which an aluminum oxide vapor deposition layer is provided on a polyethylene terephthalate film and a first coating layer using a coating solution A containing a polyacrylic acid aqueous solution and a second coating layer using a coating solution B containing a zinc oxide fine particle aqueous dispersion are further provided. Here, document 1 also indicates that in example 1, the thickness of the first coating layer was 0.15 µm and the thickness of the second coating layer was 0.25 µm, in example 2, the thickness of the first coating layer was 0.15 µm and the thickness of the second coating layer was 0.15 µm, and in example 3, the thickness of the first coating layer was 0.15 µm and the thickness of the second coating layer was 0.45 µm. Moreover, document 1 (paragraph [0145]) indicates that the effect of suppressing retort odor can be evaluated by ultraviolet absorbance.
Furthermore, according to the disclosure of WO 2019/142923 (paragraph [0034]), it can be understood that the first coating layer may also contain a polyvalent metal compound, and the polyvalent metal compound may be the same as or different from that of the second coating layer.
WO 2019/142923 does not specifically disclose a total X-ray fluorescence intensity of metal elements contained in the polyvalent metal-containing particles is 3.0 kcps or greater and 8.0 kcps or less, and an absorbance X of the gas barrier laminate obtained by subtracting an absorbance X₂ at a wavelength of 500 nm from an absorbance X₁ at a wavelength of 350 nm measured with an ultraviolet-visible spectrophotometer after hot water treatment at 130°C for 30 minutes using a 0.3 mass% L-cysteine aqueous solution satisfies the following formula (1): X = X₁ - X₂ ≥ 0.02 (abs) (1). However, applicant’s fluorescence and absorbance are necessarily present in WO 2019/142923. Here, comparing examples 1-3 of document 1 with example 5 of the specification of the present application, the "coating solution A" of WO 2019/142923 corresponds to the "coating solution 3-1" of the specification of the present application, and the "coating solution B" of WO 2019/142923 corresponds to the "coating solution 3-2" of the specification of the present application. Further, although the film thicknesses are somewhat different, considering the wording "the film thickness of the coating layer 3 is preferably 250-500 nm" in the specification (paragraph [0079]) of the present application, the total thickness of the first coating layer and the second coating layer of document 1 (examples 1-3) satisfies the preferred film thickness range, and when the fluorescent X-ray intensity of metal elements included in polyvalent-metal-containing particles and the absorbance X of the gas barrier laminate after a hot-water treatment at 130°C for 30 minutes using a 0.3% by mass L-cysteine aqueous solution, obtained by subtracting the absorbance X2 at a wavelength of 500 nm from the absorbance Xl at a wavelength of 350 nm as measured using an ultraviolet-visible spectrophotometer, are measured, the fluorescent X-ray intensity and the absorbance X are found to satisfy the conditions set forth in claim 1 of the present application.
It would have been obvious to have provided applicant’s recited fluorescence and absorbance in order to provide improved barrier properties.
With regards to claim 2, WO 2019/142923 does not specifically disclose wherein the coating layer is a single layer. However, WO 2019/142923 discloses that functional layers and/or surface protective layers can be single layer. It would have been obvious to have provided wherein the coating layer is a single layer in order to provide lower costs via fewer manufacturing steps.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MICHAEL C MIGGINS whose telephone number is (571)272-1494. The examiner can normally be reached Monday-Friday, 1-9 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Aaron Austin can be reached at 571-272-8935. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MICHAEL C MIGGINS/Primary Examiner, Art Unit 1782
MCM
July 2, 2026
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