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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-17 in the reply filed on 8/26/26 is acknowledged.
Claims 18-26 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 8/26/26.
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) 1-3, 7 and 16-17 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by JP2007-015279 (English machine translation provided herein).
JP2007-015279 discloses a multilayer structure for storing or transporting a gas comprising hydrogen, wherein the multilayer structure comprises at least three layers comprising an inner layer comprising at least one first polymer, a middle layer comprising ethylene-vinyl alcohol copolymer, and an outer layer comprising at least one second polymer (paragraphs [0002-0003], [0007], [0011-0015]), and wherein the water-vapor transmission rate measured at 38°C and 90%RH according to ISO15106-2:2003 of the inner layer is lower than the water-vapor transmission rate measured at 38°C and 90%RH according to ISO15106-2:2003 of the outer layer (since the inside layer is polypropylene and the outer layer is nylon 12, paragraphs [0002-0003], [0007], [0011-0015]).
JP2007-015279 wherein a ratio (I/O) is 60/40 or more and 99/1 or less, wherein I is the total thickness of the layers positioned inside the middle layer and 0 is the total thickness of the layers positioned outside the middle layer, wherein a ratio (A/B) is 3/97 or more and 30/70 or less, wherein A is the thickness of the middle layer and B is the thickness of the multilayer structure and wherein the second polymer is polyamide (paragraphs [0002-0003], [0007], [0011-0015]).
With regard to claims 16-17, claim 1 is drawn to a multilayer structure and claims 16-17 further limit the gas and not the multilayer structure.
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) 4-6, 8 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2007-015279 (English machine translation provided herein) in view of Yanagisawa et al. (US 2018/0048001, cited by applicant).
JP2007-015279 discloses a ratio (I/O) is 60/40 or more and 99/1 or less, wherein I is the total thickness of the layers positioned inside the middle layer and 0 is the total thickness of the layers positioned outside the middle layer and the second polymer is polyamide (paragraphs [0002-0003], [0007], [0011-0015]).
JP2007-015279 does not disclose wherein first and/or second polymer are HDPE and wherein a water content of the middle layer is 1.1 mass% or more and 4 mass% or less.
Yanagisawa discloses wherein first and/or second polymer are HDPE and wherein a water content of the middle layer is 1.1 mass% or more and 4 mass% or less in a container for hydrogen gas for the purpose of providing improved gas barrier properties and/or excellent durability (paragraphs [0001], [0018-0022], [0036-0037], [0052]).
Therefore it would have been obvious to one of ordinary skill in the art at the time applicant’s invention was made to have provided wherein first and/or second polymer are HDPE and wherein a water content of the middle layer is 1.1 mass% or more and 4 mass% or less in JP2007-015279 as taught or suggested by Yanagisawa.
Claim(s) 9-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2007-015279 (English machine translation provided herein) in view of Shibutani et al. (US 2018/0016430, cited by applicant).
JP2007-015279 does not disclose wherein an ethylene content of the ethylene-vinyl alcohol copolymer is between 20 and 60 mol%, wherein an ethylene content of the ethylene-vinyl alcohol copolymer is 20 mol% or more and 30 mol% or less, wherein the middle layer comprises 5 ppm or more and 200 ppm or less of a phosphate ion and 10 ppm or more and 400 ppm or less of an alkali metal ion, wherein the middle layer comprises 50 ppm or more and 400 ppm or less, in terms of boron element, of a boron compound, wherein the middle layer further comprises at least one additional polymer chosen from the list consisting of elastomers, polyolefins, polyesters, polyurethanes and polyamide, wherein the middle layer comprises 70 mass% or more and 99 mass% or less of ethylene-vinyl alcohol copolymer and 1 mass% or more and 30 mass% or less of acid-modified ethylene-a-olefin copolymer.
Shibutani discloses wherein an ethylene content of the ethylene-vinyl alcohol copolymer is between 20 and 60 mol%, wherein an ethylene content of the ethylene-vinyl alcohol copolymer is 20 mol% or more and 30 mol% or less, wherein the middle layer comprises 5 ppm or more and 200 ppm or less of a phosphate ion and 10 ppm or more and 400 ppm or less of an alkali metal ion, wherein the middle layer comprises 50 ppm or more and 400 ppm or less, in terms of boron element, of a boron compound, wherein the middle layer further comprises at least one additional polymer chosen from the list consisting of elastomers, polyolefins, polyesters, polyurethanes and polyamide, wherein the middle layer comprises 70 mass% or more and 99 mass% or less of ethylene-vinyl alcohol copolymer and 1 mass% or more and 30 mass% or less of acid-modified ethylene-a-olefin copolymer in a barrier for hydrogen gas for the purpose of providing improved gas barrier properties and/or resistance to hydrogen brittleness (paragraphs [0001], [0017], [0028-0035], [0079-0089], [0099-0102]).
Therefore it would have been obvious to one of ordinary skill in the art at the time applicant’s invention was made to have provided wherein an ethylene content of the ethylene-vinyl alcohol copolymer is between 20 and 60 mol%, wherein an ethylene content of the ethylene-vinyl alcohol copolymer is 20 mol% or more and 30 mol% or less, wherein the middle layer comprises 5 ppm or more and 200 ppm or less of a phosphate ion and 10 ppm or more and 400 ppm or less of an alkali metal ion, wherein the middle layer comprises 50 ppm or more and 400 ppm or less, in terms of boron element, of a boron compound, wherein the middle layer further comprises at least one additional polymer chosen from the list consisting of elastomers, polyolefins, polyesters, polyurethanes and polyamide, wherein the middle layer comprises 70 mass% or more and 99 mass% or less of ethylene-vinyl alcohol copolymer and 1 mass% or more and 30 mass% or less of acid-modified ethylene-a-olefin copolymer in JP2007-015279 in order to provide improved gas barrier properties and/or resistance to hydrogen brittleness as taught or suggested by Shibutani.
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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/MICHAEL C MIGGINS/Primary Examiner, Art Unit 1782
MCM
September 10, 2026
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