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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements filed 5/14/2024 and 10/21/2025 have been fully considered. Initialed copies of said IDSs are enclosed herein.
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) 1-10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tanaka et al (7,569,267).
Tanaka teaches a gas barrier film, comprising a resin layer (A) containing
a polymer having a carboxyl group, and a resin layer (B) containing a polyvalent metal compound to be adjacent to the resin layer (A), wherein resin layer (B) further comprises a binder (abstract).
Tanaka teaches that the polyvalent metal compound preferably comprises a metal salts of organic acids (col8, lines 42+), such as phosphoric , sulfuric or nitric acid. Said acids read on applicant’s preferred “heteroatom compound having dehydration-condensation properties (see claim 5). Tanaka further teaches that the polyvalent metal compound preferably migrates to the resin layer (A) containing a polymer having a carboxyl group (col 3, lines 28+). Thus, after migration of the polyvalent metal compound, the resin layer (A) is understood to anticipate the claimed resin layer A containing a heteroatom compound having dehydration-condensation properties and a polymer having a carboxyl group.
With regards to claim 2, Tanaka teaches the resin layer (B) contains a polyvalent metal and a resin (abstract) wherein the resin for forming the resin layer (B) is one or more types selected from an ethylcellulose resin, a polyether polyurethane polyol resin, a polyester polyol resin, and a polyurethane polyol resin (col 9, lines 43+).
With regards to claim 3, the gas barrier film of Tanaka may further comprise a layer (C) containing a compound selected from the group consisting of an aluminum oxide,
a silicon oxide, and a silicon nitride to be adjacent to the resin layer (A) (col 10, lines 67+).
With regards to claim 4, Tanaka teaches the polymer having a carboxyl group is one or more types of polymers selected from the group consisting of an acrylic acid, a methacrylic acid, a maleic acid, and an itaconic acid (col 5, lines 55+).
With regards to claim 5, Tanaka teaches the heteroatom compound having dehydration-condensation properties is one or more types selected from the group consisting of a phosphoric acid, a sulfuric acid, and a nitric acid (see above).
With regards to claim 6, Tanaka teaches the polyvalent metal compound is one or more types selected from an oxide, a hydroxide, and a carbonate of a polyvalent metal selected from zinc, magnesium, calcium and calcium (col 8, lines 28+).
With regards to claim 7, Tanaka teaches the polyvalent metal compound is at least one type selected from zinc oxide, magnesium oxide, and calcium oxide (col 8, lines 63+).
With regards to claim 8, Tanaka teaches the gas barrier film may be part of a multi-layer film (col 15, lines 25+).
With regards to claim 9, Tanaka teaches the gas barrier film may be part of a multi-layer packaging film (col 15, lines 25+).
With regards to claim 10, Tanaka teaches the packaging may be for food medicine or electronics, said films are understood to anticipate the claimed “A packaging material for heat sterilization.” Alternatively, the examiner takes the position the limitation “for heat sterilization” is a preamble intended use limitation that does not further limit the claimed invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 11,766,695, US2020/149216 both teach barrier films similar to the claimed invention. JP 20150079405 and US 20210219806 each teach the benefit of phosphoric acid in carboxyl group containing barrier layers.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN R KRUER whose telephone number is (571)272-1510. The examiner can normally be reached M-F 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Callie Shosho can be reached at (571) 272-1123. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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KEVIN R. KRUER
Examiner
Art Unit 1787
/KEVIN R KRUER/ Primary Examiner, Art Unit 1787
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