DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Information Disclosure Statement
Information Disclosure Statements (IDS) submitted on 11/07/2024 and 03/25/2026 are considered and signed IDS forms are attached.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1-3 and 6-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Paduan et al. (US 2021/0114358 A1 cited in IDS).
Regarding claims 1-3, Paduan et al. disclose a multilayer structure (layered body) comprising a polyethylene-based polymeric film comprising a sealing layer (sealant layer made of polyethylene) and at least one middle layer (base material layer made of polyethylene), and an external layer of electron beam curable ink (printed layer) on the polyethylene-based polymeric film (see page 8, claim 1). The external layer reads on the printed layer on an outer surface of the layered body.
Regarding claims 6 and 7, Paduan et al. disclose a stand-up pouch (packaging bag) formed from the multilayer structure (layered body) (see page 8, claims 7 and 8). Accordingly, the stand-up pouch necessarily comprises a body member formed from the multilayer structure (layered body) (see page 8, claims 7 and 8).
Regarding claim 8, Paduan et al. disclose the stand-up pouch comprises a bottom gusset that may be folded (see paragraph 0028). That is, the stand-up pouch necessarily comprises a bottom member having a folding line formed of the layered body. Further, any stand-up pouch can be folded and therefore necessarily comprises a bottom member having a folding line formed of the layered body.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Paduan et al. (US 2021/0114358 A1 cited in IDS) as applied to claim 1 above, further in view of Kato et al. (JP H08151058 A). It is noted that the disclosures of Kato et al. are based on a machine translation of the reference which is included in this action.
Regarding claim 4, Paduan et al. disclose the layered body as set forth above. While Paduan et al. disclose the base material layer made of polyethylene, Paduan et al. do not disclose the base material layer is colored milky white.
Kato et al. disclose a laminated sheet comprising a concealing layer consisting of a milky white polyethylene layer whitened with titanium oxide, wherein the concealing layer exhibits a concealing effect that prevents the contents from being seen through (see paragraph 0004). The laminated sheet is used for preparing tube container such as stand-up pouches (see paragraph 0005).
In light of motivation for using concealing layer consisting of a milky white polyethylene layer disclosed by Kato et al. as described above, it therefore would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention to use milky white polyethylene layer of Kato et al. as the base material layer in Paduan et al. in order to provide concealing effect that prevents the contents from being seen through, and thereby arrive at the claimed invention.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Paduan et al. (US 2021/0114358 A1 cited in IDS).
Regarding claim 5, Paduan et al. disclose the layered body as set forth above. Further, Paduan et al. disclose the polyethylene-based polymeric claim comprises the sealing layer and at least one middle layer (see page 8, claim 1). That is, the polyethylene-based polymeric film can comprise the sealing layer, a first middle layer and a second middle layer. The first middle layer reads on adhesive layer without the printed layer between the sealing layer (sealant layer made of polyethylene) and the second middle layer (base material layer made of polyethylene).
In light of the overlap between the claimed layered body and that disclosed by Paduan et al., it would have been obvious to one of ordinary skill in the art to use a layered body that is both disclosed by Paduan et al. and is encompassed within the scope of the present claims, and thereby arrive at the claimed invention.
Conclusion
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/KRUPA SHUKLA/Examiner, Art Unit 1787
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