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) 1-2, 4, 6-7 is/are rejected under 35 U.S.C. 102(a1) as being anticipated by JP3234530 (English machine translation provided herein).
JP3234530 discloses a packaging material for an aqueous content, comprising:
at least a gas barrier laminate having a paper base material, an anchor coat layer, a
vapor-deposited layer and an overcoat layer laminated in this order, wherein a mass of the paper base material is 50 mass% or more relative to a total mass of the packaging material, the vapor-deposited layer comprises a metal or a metal oxide, the overcoat layer comprises a polyolefin having a carboxylic acid base, and the overcoat layer has a thickness of more than 3 µm (paragraphs [0016], [0020-0055], [0063], [0068-0070]).
JP3234530 discloses wherein the anchor coat layer comprises a polyolefin having a carboxylic acid base, a sealant layer provided on a side of the overcoat layer opposite to the vapor-deposited layer, wherein a thickness of the anchor coat layer is 5 µm or less, wherein the thickness of the overcoat layer is 8 µm or less (paragraphs [0016], [0020-0055], [0063], [0068-0070]).
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) 3, 5 and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP3234530 (English machine translation provided herein).
JP3234530 discloses a packaging material for an aqueous content, comprising:
at least a gas barrier laminate having a paper base material, an anchor coat layer, a
vapor-deposited layer and an overcoat layer laminated in this order, wherein a mass of the paper base material is 50 mass% or more relative to a total mass of the packaging material, the vapor-deposited layer comprises a metal or a metal oxide, the overcoat layer comprises a polyolefin having a carboxylic acid base, and the overcoat layer has a thickness of more than 3 µm (paragraphs [0016], [0020-0055], [0063], [0068-0070]).
JP3234530 discloses wherein the anchor coat layer comprises a polyolefin having a carboxylic acid base, a sealant layer provided on a side of the overcoat layer opposite to the vapor-deposited layer, wherein a thickness of the anchor coat layer is 5 µm or less, wherein the thickness of the overcoat layer is 8 µm or less (paragraphs [0016], [0020-0055], [0063], [0068-0070]).
With regard to claims 3 and 8-9, JP3234530 does not disclose applicant’s recited thickness ratio and thickness of the vapor deposited layer. 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 have provided applicants recited thickness ratio and thickness of the vapor deposited layer in order to save costs through the use of less materials or improved gas barrier properties and/or improve mechanical properties.
With regards to claim 5, JP3234530 does not specifically disclose a packaging bag. However, JP3234530 discloses a packaging material for beverages or liquids (paragraphs [0016], [0020-0055], [0063], [0068-0070]) and is perfectly capable of being used to make a packaging bag for aqueous content.
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 20, 2026
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