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.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kuwabara et al. (“Kuwabara” hereinafter) (US PG PUB 2023/0406592) (effective filing date Jan. 18, 2021).
Regarding claims 1 and 7, Kuwabara discloses a packaging container (item 10, figure 1) comprising:
a packaging bag (bag, figure 1), configured to contain a liquid (paragraph [0058]), formed of a packaging film including a sealant (sealant 11a, figure 2) in an innermost layer thereof, and
a spout (paragraph [0059]) or a discharge port opening member sealed to the packaging bag,
wherein the packaging bag includes a heat-resistant coating layer (paragraphs [0039], [0057]) that includes a region superposed on a bottom of the packaging bag (paragraph [0057]) via at least the sealant and is formed partially with respect to an area of the packaging film (heat-resistant varnish layer may be formed on a partial region, paragraph [0039]).
Kuwabara is silent to the heat-resistant coating layer to be applied on the spout or the discharge port opening member via the sealant.
It would have been obvious to one of ordinary skill in the art at the time before the effective filing date of the claimed invention to have modified the invention of Kuwabara such that the heat-resistant varnish layer is applied to the spout region in a partial manner superposed on the sealant layer in order to protect the spout region from heat energy during manufacturing. Kuwabara already teaches that such heat-resistant layer can be applied to the entire surface of the bag (paragraph [0039]) or can be applied partially (to the bottom) as shown in figure 2 (paragraph [0057]). Thus, a person of ordinary skill in the art would take these teachings and can form a partial heat-resistant layer around the spout or the discharge member.
Regarding claim 2, Kuwabara teaches that the heat-resistant coating layer is always applied as an outermost layer on a side opposite to the sealant in a thickness direction of the packaging film (paragraphs [0037-0039], [0057], figure 2).
Regarding claim 3, Kuwabara teaches that a base material (item 11c, figure 2) of the packaging film, the sealant (item 11a, figure 2), and the spout or the discharge port (filling port is made as an extension of the bag and thus will comprise the same material) opening member are all made of polyethylene-based resins (paragraphs [0019], [0024-0030]).
Regarding claim 4, Kuwabara teaches that the heat-resistant coating layer is made of a curable resin (heat-resistant varnish layer is applied then dried and cured, paragraph [0038]).
Regarding claim 5, Kuwabara teaches that the heat-resistant coating layer is made of a resin having a higher melting point than a base material of the packaging film (paragraph [0038]), the heat-resistant varnish layer can be a urethane resin, an acrylic resin, an epoxy resin, etc. these materials have higher melting point than polyethylene-based resins. Furthermore, it is inherent that a layer with higher heat resistance will have a higher melting point than layers with less heat resistance)
Regarding claim 6, Kuwabara teaches that the packaging bag is a standing pouch (paragraphs [0002], [0054]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following documents disclose subject matter related to packaging bags with sealant layers, spouts and heat-resistant layers: US PG PUB 2016/0229157, US PG PUB 2019/0291933, US PG PUB 2022/0324513, US PG PUB 2021/0023828, US PG PUB 2023/0391528, and US PN 12,103,737.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VISHAL J PANCHOLI whose telephone number is (571)272-9324. The examiner can normally be reached Monday - Thursday (9 am - 7 pm).
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/Vishal Pancholi/Primary Examiner, Art Unit 3754
