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 § 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, 5-9, 11-12 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamada et al. (US 2021/0023828) in view of Yoshida et al. (US 2011/0086220).
Yamada discloses a printed layered body for packaging having a basic layer structure comprising a barrier film, a printed layer, and an adhesive layer, the printed layered body for packaging having a polyolefin content rate adjusted to 80 mass% or more, wherein the barrier film comprises a thermoplastic resin film (A1) and an inorganic coating (A2) formed on a surface of the thermoplastic resin film (paragraphs [0004], [0031], [0044-0058], [0067], [0104], [0119], [0124-0125], [0132-0138], [0169-0173], [0249-0256], [0361-0374]).
Yamada does not disclose wherein the adhesive layer has a storage elastic modulus exceeding 1.5 MPa at 120°C.
Yoshida discloses wherein the adhesive layer has a storage elastic modulus exceeding 1.5 MPa at 120°C (paragraphs [0002], [0023-0026], [0050], [0057], [0071-0074]) in packaging for the purpose of providing improved gas barrier properties and/or adhesivity.
Therefore it would have been obvious to one of ordinary skill in the art at time applicant’s invention was made to have provided wherein the adhesive layer has a storage elastic modulus exceeding 1.5 MPa at 120°C in Yamada in order to provide improved gas barrier properties and/or adhesivity as taught or suggested by Yoshida.
Yamada discloses wherein an inner surface side film comprising a heat-sealing resin layer is laminated via the adhesive layer, wherein the adhesive layer comprises an epoxy-based adhesive, wherein the inorganic coating (A2) comprises a vapor-deposited layer deposited using the thermoplastic resin film (A1) as a base, wherein the vapor-deposited layer comprises silicon oxide, aluminum oxide, or silica-alumina composite oxide (paragraphs [0004], [0031], [0044-0058], [0067], [0104], [0119], [0124-0125], [0132-0138], [0169-0173], [0249-0256], [0361-0374]).
Yamada discloses wherein the heat-sealing resin layer comprises an olefin-based resin composition, wherein the olefin-based resin composition comprises polypropylene, linear low-density polyethylene, or a mixture of polypropylene and linear low-density polyethylene wherein an inorganic coating layer is provided as a protective layer on the vapor-deposited layer and a pouch (paragraphs [0004], [0031], [0044-0058], [0067], [0104], [0119], [0124-0125], [0132-0138], [0169-0173], [0249-0256], [0361-0374]).
Yoshida discloses wherein an inorganic coating layer is provided as a protective layer on the vapor-deposited layer and wherein the thermoplastic resin film (A1) is a drawn polypropylene film (paragraphs [0002], [0023-0026], [0050], [0057], [0071-0074]).
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamada et al. (US 2021/0023828) in view of Yoshida et al. (US 2011/0086220), as applied to claims 1, 5-9, 11-12 and 14-15 above, and further in view of Shiokawa et al. (US 2024/0198644).
Modified Yamada does not disclose wherein the printed layer is provided between the inorganic coating (A2) and the adhesive layer, wherein the printed layer is formed on a surface of the inorganic coating (A2).
Shiokawa discloses wherein the printed layer is provided between the inorganic coating (A2) and the adhesive layer, wherein the printed layer is formed on a surface of the inorganic coating (A2) (paragraphs [0002], [0009], [0084-0111] and Fig. 2) in a package for the purpose of providing improved recyclability, heat resistance and strength.
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 the printed layer is provided between the inorganic coating (A2) and the adhesive layer, wherein the printed layer is formed on a surface of the inorganic coating (A2) in modified Yamada in order to provide improved recyclability, heat resistance and strength as taught or suggested by Shiokawa.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamada et al. (US 2021/0023828) in view of Yoshida et al. (US 2011/0086220), as applied to claims 2-3 above, and further in view of JP2016-141403 (English machine translation provided herein).
Modified Yamada does not disclose wherein the printed layer contains titanium oxide.
JP2016-141403 discloses wherein the printed layer contains titanium oxide (paragraphs [0002], [008], [0028-0029]) in a packaging material for the purpose of providing improved aesthetics and/or gas barrier properties.
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 the printed layer contains titanium oxide in modified Yamada in order to provide improved aesthetics and/or gas barrier properties as taught or suggested by JP2016-141403.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamada et al. (US 2021/0023828) in view of Yoshida et al. (US 2011/0086220), as applied to claims 1, 5-9, 11-12 and 14-15 above, and further in view of JP2002-182338 (English machine translation provided herein).
Modified Yamada does not disclose wherein the inorganic coating layer comprises metal alkoxide or a condensate thereof.
JP2002-182338 discloses wherein the inorganic coating layer comprises metal alkoxide or a condensate thereof (paragraphs [0001], [0019-0022]) in a package for the purpose of providing improved gas barrier properties.
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 the inorganic coating layer comprises metal alkoxide or a condensate thereof in modified Yamada in order to provide improved gas barrier properties.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamada et al. (US 2021/0023828) in view of Yoshida et al. (US 2011/0086220), as applied to claims 1, 5-9, 11-12 and 14-15 above, and further in view of Yoshikawa et al. (US 2022/0332930).
Modified Yamada does not disclose wherein the olefin-based resin composition contains an impact polypropylene component (α), in which an ethylene-propylene copolymer is dispersed in polypropylene, and linear low-density polyethylene (ß), and a mass ratio of both components (α/ß) is in a range of from 99/1 to 50/50.
Yoshikawa discloses wherein the olefin-based resin composition contains an impact polypropylene component (α), in which an ethylene-propylene copolymer is dispersed in polypropylene, and linear low-density polyethylene (ß), and a mass ratio of both components (α/ß) is in a range of from 99/1 to 50/50 (paragraphs [0001], [0009], [0035], [0046], [0059]) in packaging for the purpose of providing improved heat resistance, orange peel resistance and impact resistance.
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 the olefin-based resin composition contains an impact polypropylene component (α), in which an ethylene-propylene copolymer is dispersed in polypropylene, and linear low-density polyethylene (ß), and a mass ratio of both components (α/ß) is in a range of from 99/1 to 50/50 in modified Yamada as taught or suggested by Yoshikawa.
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 25, 2026