DETAILED ACTION
This Office Action is responsive to the September 12th, 2025 arguments and remarks (“Remarks”).
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 .
Response to Amendments
In response to the amendments received in the Remarks on September 12th, 2025:
Claims 1-13 are pending in the current application. Claim 1 has been amended.
Claim 1 has been amended to specify wherein a content of the acrylic polymer having an acid functional group is from 15 parts by weight to 90 parts by weight with respect to 100 parts by weight of the solid content in the pressure-sensitive adhesive. This amendment is supported by Applicant’s disclosure, including paragraph [0027] of Applicant’s own PG Publication.
The cores of the previous prior art-based rejections have been overcome in light of the amendment. All changes made to the rejection are as necessitated by the amendment.
Response to Arguments
Applicant’s arguments filed with the Remarks on September 12th, 2025 with respect to claims 1-13 are based on the claims as amended. While Applicant’s arguments are acknowledged, they are found to be moot in view of the new grounds of rejection, presented below, as necessitated by Applicant’s amendments to the Claims.
Prior Art
Previously cited Kawabe US PG Publication 2012/0219835 (“Kawabe”)
Shiba US PG Publication 2015/0140348 (“Shiba”)
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office Action.
Claims 1-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kawabe US PG Publication 2012/0219835 in view of Shiba US PG Publication 2015/0140348.
Regarding Claim 1, Kawabe discloses a pressure-sensitive adhesive tape for a non-aqueous battery ([0010], [0072]) configured to express an adhesive property by being pressed (pressure-bonded) ([0066]) comprising:
an acrylic polymer having an acid functional group ([0034]-[0044]); and
a crystalline resin such as a polyolefin-based resin, including but not limited to a maleic acid-modified polyolefin and/or a maleic anhydride-modified polyolefin ([0034], [0051]-[0058]).
The skilled artisan would understand the polyolefin-based resin of Kawabe would be a crystalline resin having a melting point of 25oC or more since it is the same material used in the instant invention (see paragraph [0006] of the instant disclosure)1.
Kawabe fails to disclose wherein a content by weight of the acrylic polymer and the crystalline resin.
However, Shiba discloses an adhesive layer for use in a packaging material comprising a solid polyolefin resin having a specific composition and aqueous polyvinyl alcohol ([0010], [0034]-[0036], entire disclosure dependent upon) and wherein the adhesive comprises a (meth)acrylic acid ester component ([0013]) having 1 to 30 carbon atoms within the solid polyolefin resin to form a solid acid-modified polyolefin resin ([0013], [0020]).
Shiba teaches comprising the (meth)acrylic acid ester component within the solid acid-modified polyolefin resin such that the content of the (meth)acrylic acid ester component is 0.1 to 25% by mass in relation to 100% by mass of the solid acid-modified polyolefin resin, which includes the (meth)acrylic acid ester and accounts for all the solid material within the adhesive layer ([0034]-[0036], see also Example 1 in [0156]) within the adhesive in order to prevent degradation of the adhesive ([0021]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the adhesive tape of Kawabe to comprise the acrylic polymer having an acid functional group in a content of 0.1 to 25% by mass in relation to 100% by mass of the crystalline resin within the adhesive tape in order to prevent degradation of the adhesive tape, as taught by Shiba.
The skilled artisan would recognize that since weight and mass are directly proportional, that Kawabe in view of Shiba discloses wherein a content of the crystalline resin is at most 99.9 parts by weight (which encompasses the claimed range of 10 parts by weight to 85 parts by weight)2 with respect to 100 parts by weight of a solid content in the pressure-sensitive adhesive and a content of the acrylic polymer having an acid functional group is from 0.1 parts by weight to 25 parts by weight (which overlaps the claimed range of 15 parts by weight to 95 parts by weight)2 with respect to 100 parts by weight of the solid content in the pressure-sensitive adhesive, wherein the solid content comprises the acrylic polymer and crystalline resin.
1 The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
2 In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976).
Regarding Claim 2, Kawabe in view of Shiba teaches the instantly claimed pressure-sensitive adhesive for a nonaqueous battery according to Claim 1, and Kawabe discloses wherein the pressure-sensitive adhesive for a nonaqueous battery is configured to express the adhesive property by being warmed (e.g., pressed at a temperature between 100 and 160oC, which is warmer than the ambient temperature of 25oC) ([0066]).
Regarding Claim 3, Kawabe in view of Shiba teaches the instantly claimed pressure-sensitive adhesive for a nonaqueous battery according to Claim 1, and Kawabe discloses wherein the acrylic polymer having an acid functional group has a constituent unit “a” (e.g., main monomer) derived from a (meth)acrylic acid alkyl ester having a linear or branched alkyl group having 4 or more carbon atoms ([0034]-[0038]).
Regarding Claim 4, Kawabe in view of Shiba teaches the instantly claimed pressure-sensitive adhesive for a nonaqueous battery according to Claim 3, and Kawabe discloses wherein a content ratio of the constituent unit “a” (e.g., main monomer) is about 50 to 100 wt%, preferably between 80 and 98 wt%, (which falls within and therefore anticipates the claimed range of 50 parts by weight or more) with respect to 100 wt% (100 parts by weight) of the acrylic polymer having an acid functional group ([0038]).
Regarding Claim 5, as previously described (see Claim 1), Kawabe discloses wherein the crystalline resin is a polyolefin-based resin ([0034], [0051]-[0058]).
Regarding Claim 6, Kawabe in view of Shiba teaches the instantly claimed pressure-sensitive adhesive for a nonaqueous battery according to Claim 5, and Kawabe discloses wherein the polyolefin-based resin is a maleic anhydride-modified polyolefin-based resin and/or a maleic acid-modified polyolefin-based resin (which meets the claim limitation of a maleic anhydride-modified polyolefin-based resin, a maleic acid-modified polyolefin-based resin, or an acrylic-modified polyolefin-based resin) ([0052]).
Regarding Claim 7, Kawabe in view of Shiba teaches the instantly claimed pressure-sensitive adhesive for a nonaqueous battery according to Claim 1, and Kawabe teaches the pressure-sensitive adhesive further comprises a tackifying resin in the form of ARKON P-125 (which would meet the claim limitation of a C5-based petroleum resin and/or a C9-based petroleum resin) ([0057], [0094]).
The skilled artisan would understand the tackifying resin of Kawabe would be a C9-based petroleum resin since it is the same material used in the instant invention (see paragraph [0110] of the instant disclosure)1.
Regarding Claim 8, Kawabe discloses a pressure-sensitive adhesive tape for a battery, comprising the pressure-sensitive adhesive as taught by Kawabe in view of Shiba for a nonaqueous battery as described in the rejection of Claim 1 above ([0032]-[0033]).
Regarding Claim 9, Kawabe in view of Shiba teaches the pressure-sensitive adhesive tape for a nonaqueous battery according to Claim 8, and Kawabe discloses the pressure-sensitive adhesive tape comprises:
a base material (e.g., substrate 1) (Figs. 1-2, [0032]-[0033]); and
a pressure-sensitive adhesive layer arranged on at least one side of the base material (e.g., a pressure-sensitive adhesive layer 21 is laminated on one side of a substrate 1 and a pressure-sensitive adhesive layer 22 is laminated on the other side thereof) ([0033]),
wherein the pressure-sensitive adhesive layer contains the pressure-sensitive adhesive for a nonaqueous battery ([0032]-[0034]).
Regarding Claim 10, Kawabe in view of Shiba teaches the instantly claimed pressure-sensitive adhesive tape for a nonaqueous battery according to Claim 9, and Kawabe discloses wherein the base material (e.g., substrate 1) is formed from at least one kind selected from polyimide and polyamide (which meets the claim limitation of at least one kind selected from polyacrylate, polyurethane, polyimide, aramid, polyamide, an ethylene-vinyl alcohol copolymer, polyetherimide, polyvinylidene fluoride, polyester, polypropylene, polyethylene, and polyphenylene sulfide) ([0059]).
Regarding Claim 11, Kawabe in view of Shiba teaches the instantly claimed pressure-sensitive adhesive tape for a nonaqueous battery according to Claim 9, and Kawabe discloses the pressure-sensitive adhesive tape further comprises a peeling film (e.g., separator (release liner)) arranged on a side of the pressure-sensitive adhesive layer (e.g., surface) opposite to the base material (e.g., substrate 1) ([0070]).
Regarding Claim 12, Kawabe in view of Shiba teaches the instantly claimed pressure-sensitive adhesive tape for a nonaqueous battery according to Claim 9, and Kawabe discloses the pressure-sensitive adhesive tape further comprises another pressure-sensitive adhesive layer (e.g., adhesive layer 2) ([0032]-[0033]),
wherein the pressure-sensitive adhesive (e.g., adhesive layer 1) is arranged on one side of the base material (e.g., substrate 1) ([0032]-[0033]); and
wherein the another pressure-sensitive adhesive layer (e.g., adhesive layer 2) is arranged on another side of the base material (e.g., substrate 1) ([0032]-[0033]).
Regarding Claim 13, Kawabe teaches a nonaqueous battery comprising the pressure-sensitive adhesive tape as taught by Kawabe in view of Shiba for a nonaqueous battery as described in the rejection of Claim 9 ([0072]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLIVIA MASON RUGGIERO whose telephone number is (703)756-4652. The examiner can normally be reached Monday-Thursday, 7am-6pm EST.
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, Ula Ruddock can be reached on (571)272-1481. 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.
/O.M.R./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
Prosecution Insights