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 of Claims 1-15 without traverse is acknowledged.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 2 and 12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 2 and 12 recite the limitation "the coating layer”. There is insufficient antecedent basis for this limitation in the claim.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-15 are rejected under 35 U.S.C. 102 (a1)/(a2) as being anticipated by Kuzume et al. (US 2023/0025201).
Re claims 1-5, 13, and 15, Kuzume discloses a laminated multilayer structure comprising a base layer (X), a layer (Y), and a layer (Z) [10, 136]. The base layer (X) is made from polyolefin [47-49]. The layer (Y) is made from inorganic material including aluminum oxide [56-58]. The layer (Z) is made from reacting at least one metal compound (R) with a resin (W) [94, 97]. The metal compounds include alkoxysilane such as tetraethoxysilane [98, 104] and organotitanium compound such as titanium lactate [99, 105]. The resin (W) includes vinyl alcohol resin and polysaccharides, i.e. water-soluble polymer [109, 111]. The components are reacted in the presence of water [218] which with the presence of the silane would necessarily form a hydrolysate of a metal alkoxide. Layer (Z) of Kuzume (made by reacting vinyl alcohol resin or polysaccharides with tetraethoxysilane and titanium lactate) is identical to the coating layer of the present invention. Given that Kuzume discloses laminated structure identical to that presently claimed, it is clear that the laminated body would inherently have a ratio of peak intensity P1/P2 and change amount of ratio of peak intensity identical to that presently claimed.
Re claim 6, given that Kuzume discloses laminated structure identical to that presently claimed, it is clear that the laminated body would inherently have a ratio c/s identical to that presently claimed.
Re claim 7, given that Kuzume discloses laminated structure identical to that presently claimed, it is clear that the laminated body would inherently have SF145-SF121 identical to that presently claimed.
Re claim 8, given that Kuzume discloses laminated structure identical to that presently claimed, it is clear that the laminated body would inherently have tan delta identical to that presently claimed.
Re claim 9, given that Kuzume discloses laminated structure identical to that presently claimed, it is clear that the laminated body would inherently have elongation at break identical to that presently claimed.
Re claim 10, given that Kuzume discloses laminated structure identical to that presently claimed, it is clear that the laminated body would inherently have a free volume radius identical to that presently claimed.
Re claim 11, Kuzume discloses that the polyolefin includes polypropylene [49].
Re claim 12, Kuzume disclose that the thickness of the coating layer is 50 nm to 3000 nm [123].
Re claim 14, given that Kuzume discloses laminated structure identical to that presently claimed, it is clear that the laminated body would inherently have water vapor transmission rate identical to that presently claimed.
Conclusion
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TAMRA L. DICUS
Primary Examiner
Art Unit 1787
/TAMRA L. DICUS/Primary Examiner, Art Unit 1787
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