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 1-6 in the reply filed on 01/27/2026 is acknowledged.
Claims 7-8 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 01/27/2026.
Claim Objections
Claim 3 is objected to because of the following informalities:
Claim 3, line 1, “resin composition (A)” should read “resin composition (A) layer”.
Claim 3, line 2, “an ethylene-vinyl alcohol” should read “the ethylene-vinyl alcohol”.
Appropriate correction is required.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Furukawa et al. (US 2010/0055482 A1).
Regarding Claim 1, Furukawa discloses a multilayer structure having a layer (a) comprising a resin composition comprising an ethylene-vinyl alcohol copolymer (A) (EVOH) and a polyamide-based resin (B) (Abstract). The EVOH has an ethylene content of 10 to 60 mol% (para 0031). Furukawa further discloses multilayer structures wherein the layer (a) is not an outermost layer (para 0067). The multilayer structure may be stretched by uniaxial stretching (para 0071).
In light of the overlap between the claimed multilayer structure and that disclosed by Furukawa, it would have been obvious to one of ordinary skill in the art to produce a multilayer structure that is both disclosed by Furukawa and is encompassed within the scope of the present claims, and thereby arrive at the claimed invention.
Regarding Claim 2, Furukawa discloses all the limitations of the present invention according to Claim 1 above. Furukawa further discloses uniaxially stretching the multilayer structure with a stretching rate of 5 times or more (para 0072).
Regarding Claim 3, Furukawa discloses all the limitations of the present invention according to Claim 1 above. Furukawa further discloses the content ratio of the EVOH (A) to the polyamide-based resin (B) in the resin composition is 95/5 to 60/40 by weight (para 0057) and layer (a) is not required to comprise any other components. Therefore, it would have been obvious to produce the multilayer structure wherein the layer (a) comprises EVOH as a main component (i.e. 50 mass% or more, according to para 0014 of the present specification).
Regarding Claim 4, Furukawa discloses all the limitations of the present invention according to Claim 1 above. Furukawa further discloses the multilayer structure may comprise a thermoplastic resin layer (para 0065).
Regarding Claim 5, Furukawa discloses all the limitations of the present invention according to Claim 1 above. Furukawa further discloses the multilayer structure may comprise an adhesive resin layer (para 0067).
Regarding Claim 6, Furukawa discloses all the limitations of the present invention according to Claim 1 above. While Furukawa further discloses the multilayer structure may comprise a “polyamide based resin layer” (para 0068), this layer is not required, and there is no disclosure or requirement of a layer comprising polyamide resin in an amount of 50 mass% or more. Therefore, it would have been obvious to produce the multilayer structure not having a layer comprising polyamide as a main component (i.e. 50 mass% or more, according to para 0035 of the present specification).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETHANY M MILLER whose telephone number is (571)272-2109. The examiner can normally be reached M-F 8:00-4:00.
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/BETHANY M MILLER/Examiner, Art Unit 1787
/CALLIE E SHOSHO/Supervisory Patent Examiner, Art Unit 1787
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