DETAILED ACTION
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 1-11 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.
Claim 1 recites the limitation “a coating layer that is provide on one surface of the first film, and that includes an alkoxysilane hydrolysate and an alkoxysilane dehydration-condensation reaction product”. It is not clear if the reaction product is of the alkoxysilane hydrolysate and the alkoxysilane dehydration-condensation material or the reaction product is of the alkoxysilane dehydration-condensation material. Examiner assumes either scenario meets the limitation and clarification is requested. Claims 2-10 are rejected as being dependent upon claim 1.
Claim 3 recites “the alkoxysilane”. Given that claim 1 recites two alkoxysilane materials, it is not clear which alkoxysilane is considered “the alkoxysilane” and further how the mixture relates to the materials recited in claim 1. Clarification is requested.
Claim 4 recites “the coating layer is a cured product of a coating liquid having an alkoxysilane content in a range of 20 to 90 parts”. Given that claim 1, upon which claim 4 ultimately depends, recites two alkoxysilane materials, it is not clear if the content is referring to the sum of the alkoxysilane or either one of the alkoxysilane materials. Examiner assumes either scenario would meet the limitations. Clarification is requested.
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.
Claims 1-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tanaka et al. (EP 1563989).
Tanaka discloses a gas barrier multilayer film and packaging thereof. Concerning claims 1-4, Tanaka discloses the gas barrier multilayer film comprises a substrate upon which a gas barrier covering layer is disposed and is formed from a composition comprising a water-soluble resin, a hydrolysate of a silicon compound having a general formula of Si(OR1)4, and a silicon compound having a formula of (R2Si(OR3)3)n wherein the specific materials for each of the silicon compounds above are TEOS and 1,3,5-tris(3-trialkoxysilylalkyl)isocyanurate and the like at the contents as claimed (para. 0010-0034 and 0057-0071; Table 1, Examples 1-7, 9, and 11-14). Given that the alkoxysilane content cited in the Examples above is within the claimed range and the materials are the same as that claimed, the TOF would be within the claimed range when tested using a mass spectrometer.
Regarding claims 5 and 6, a vapor deposited gas barrier film and primer layer (or anchor layer) are disposed between the covering layer and the substrate in the order as claimed (FIGS. 1-4, elements 2 and 4; para. 0015-0019 and 0088). Concerning claims 7 and 8, a packaging film is formed by adhering the above gas barrier multilayer film to an oriented nylon film and heat seal layer by a polyurethane adhesive wherein the adhesive contacts the gas barrier covering layer (para. 0064-0065 and 0088; FIGS. 3 and 4). Regarding claim 9, the heat seal layer can further provided on the substrate side (para. 0053). With respect to claims 10 and 11, a pouch is formed wherein the pouch contains non-foodstuff articles (para. 0066 and 0093).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PRASHANT J KHATRI whose telephone number is (571)270-3470. The examiner can normally be reached M-F 10AM-6:30PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Veronica Ewald can be reached at (571) 272-8519. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
PRASHANT J. KHATRI
Primary Examiner
Art Unit 1783
/PRASHANT J KHATRI/Primary Examiner, Art Unit 1783
Prosecution Insights