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) 1-7 and 9-12 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by JP2021-094750 (English machine translation provided herein).
JP2021-094750 discloses a gas barrier laminated body, comprising:
a base material layer including a thermoplastic resin; a metal oxide layer; and a gas barrier coating layer, in this order (paragraphs [0001-0002], [0007-0009], [0017-0018], [0019-0042], [0044], [0046], [0049] and Table 1).
JP2021-094750 does not specifically disclose the limitation, “wherein on a surface of the gas barrier coating layer, a ratio (Si/C) of silicon atoms and carbon atoms as measured by X-ray photoelectron spectroscopy is greater than 0 and less than 0.50.” However, said limitation is inherent in JP2021-094750 since JP2021-094750 discloses the same ratio of PVA containing two carbon to total silicon containing particles and materials (MB+MC)/MA (see Table 1, paragraphs [0040-0041] and Table 1).
Claims 2-7 and 9-12 are disclosed by JP2021-094750 (paragraphs [0001-0002], [0007-0009], [0017-0018], [0019-0042], [0044], [0046], [0049] and Table 1).
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) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2021-094750 (English machine translation provided herein).
JP2021-094750 discloses a gas barrier laminated body, comprising:
a base material layer including a thermoplastic resin; a metal oxide layer; and a gas barrier coating layer, in this order (paragraphs [0001-0002], [0007-0009], [0017-0018], [0019-0042], [0044], [0046], [0049] and Table 1).
JP2021-094750 does not specifically disclose the limitation, “wherein on a surface of the gas barrier coating layer, a ratio (Si/C) of silicon atoms and carbon atoms as measured by X-ray photoelectron spectroscopy is greater than 0 and less than 0.50.” However, said limitation is necessarily present in JP2021-094750 since JP2021-094750 discloses the same ratio of PVA containing two carbon to total silicon containing particles and materials (MB+MC)/MA (see Table 1, paragraphs [0040-0041] and Table 1). It would have been obvious to one of ordinary skill in the art at the time applicant’s invention was made to have provided applicant’s recited limitation in order to provide improved gas barrier properties and/or mechanical properties.
Claims 2-7 and 9-12 are disclosed by JP2021-094750 (paragraphs [0001-0002], [0007-0009], [0017-0018], [0019-0042], [0044], [0046], [0049] and Table 1).
JP2021-094750 does not specifically disclose wherein the anchor coat layer has a thickness of 30 nm or greater and 300 nm or less. However, discovering the optimum range or value for a result effective variable is obvious and well within the level of one of ordinary skill in the art (MPEP 2144.05). It would have been obvious to one of ordinary skill in the art to have provided wherein the anchor coat layer has a thickness of 30 nm or greater and 300 nm or less in order to provide improved adhesion.
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
May 29, 2026
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