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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 23rd 2026 has been entered.
Response to Amendment
The Amendment filed April 23rd 2026 does not place the application in condition for allowance. The Applicant’s arguments to the previous 103 rejections were fully considered but are not persuasive. The 103 rejections of the claims have been maintained. The rejections have been updated to address the Applicant’s amendments.
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.
Claims 1, & 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Song et al. US 2016/0240824 A1, and further in view of Okuda JP 2013/211206 A and Ueda US 2013/0101884 A1.
Regarding Claim 1, Song discloses a lithium-ion secondary battery (flexible secondary battery) [0003] comprising:
A pair of exterior films having outer edges bonded together in a stacked state to form an internal space (pouch Item 110 Figure 1 including a first and second sealing material Items 111 & 112, respectively, configured to seal the pouch) [0046-0047, 0070].
A battery housed in the internal space (Item 100 Figure 1)
A positive electrode tab terminal connected to the battery body (first electrode tab 151 connected to the first electrode plate) [0021] in between the pair of exterior films and extending to an outside (Figures 1 & 2 show electrode tab 151 extending between the films and to the outside of the pouch)
A negative electrode tab terminal connected to the battery body (second electrode tab 152 connected to the second electrode plate) [0021] in between the pair of exterior films and extending to an outside (Figures 1 & 2 show electrode tab 152 extending between the films and to the outside of the pouch)
A separator film included in the battery body (separator Item 133 Figure 1) [0051]
A lithium containing positive electrode layer (first electrode layer Item 131 Figure 1, which includes a lithium transition metal oxide) [0051, 0056] laminated on the first main surface of the separator (as shown in Figure 1)
A negative electrode layer (second electrode layer Item 132 Figure 1) [0051] laminated on the second main surface of the separator opposite the first main surface in the thickness direction (as shown in Figure 1)
A positive electrode current collector foil (first metal collector) [0053] laminated on an opposite side of the positive electrode layer from the separator
A negative electrode current collector foil (second metal collector) [0053] laminated on an opposite side of the negative electrode layer from the separator
An electrolytic solution impregnated into the separator, positive electrode, and negative electrode (electrolyte contained within pouch) [0046]
the pair of exterior films each including a first resin layer (insulation layer, which may be formed of a material such as CPP, PET, or nylon, which are polymeric resins) [0047, 0050] constituting an inner surface, the inner surfaces opposing each other [0047] (also shown in Figure 1)
the inner surface of both of the pair of exterior films having a plurality of projections (protrusions Item 116 Figure 1 shown on both films 111 and 112) [0070] arranged thereon apart from each other (see spacing of protrusions in Figure 1), wherein the size of the planar shape of the projections viewed in a direction perpendicular to the inner surface is 40 µm or more and 500 µm or less (suggested values of the protrusion radius B range from 0.05 mm (50 µm) to 1.8 mm (1800 µm), thereby rendering the claimed range obvious) [0080] (see also MPEP § 2144.05(1) for obviousness of overlapping ranges)
the plurality of projections, on the top film, are arranged in a region in the outer edges adjacent to the positive electrode tab terminal and a region in the outer edges adjacent to the negative electrode tab terminal (shown in Figure 1)
Song discloses that each of the projections is a portion of the first resin layer having a thickness greater than that of other portions of the first resin layer, as shown in Figures 3 & 4 below:
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Annotated Song Figures 3 & 4
Song discloses that flat portions (base portion Figure 3 Item 117) are formed between adjacent ones of the projections (see Figure 3) [0071, 0076].
As shown in Figure 2 below, Song discloses that each projection is arranged in a dot pattern so as to be surrounded by the flat portion [0010, 0071]. Song further discloses that each of the projections has a first curved portion and a second curved portion that surrounds the first curved portion, shown as Items 113 & 114, respectively, in Figure 3 [0071-0074].
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Annotated Song Figure 2
Song discloses that the second curved portion may not be included, which is advantageous for being able to form the pouch is less time when the second curved portion is omitted [0082]. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to select an embodiment of Song wherein the projections are formed of only the first curved portion.
Thus, Song discloses that each projection is only formed of the first curved portion. Further, Song discloses that the flat portion has a width greater than a width of the projection, which is illustrated in Partial Annotated Song Figure 2 below:
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Partial Annotated Song Figure 2
Song is silent as to the resin layer comprising two layers of differing melting points.
Okuda discloses an electrode body housed in a pouch formed from laminated sheets [0011], wherein the pouch comprises layers of a first resin film (201 Figure 2), a metal layer (202 Figure 2), and a second resin film (203 Figure 2) [0027]. A shown in Figure 1b, Okuda further discloses that the pouch comprises additional layers between the battery body (Item 14 Figure 1b) and the first resin layer (Item 201 Figure 1b), wherein the additional layers include a first layer (“heat resistant layer” Item 301 Figure 1b) and a second layer (“first resin layer” Item 300 Figure 1b) [0022]. Okuda discloses that the second layer is nearest the battery body (shown in Figure 1b), and discloses that the second layer (Item 300) has a lower melting point than the first layer (Item 301) [0022].
Okuda discloses that a laminated pouch structure with this configuration can improve the sealing of the layers of the pouch and prevent short circuits [0022].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to incorporate the laminated structure as suggested by Okuda in the pouch of Song to achieve a pouch with a first and second layer within the first resin layer to provide better sealing of the layers and prevent short circuits.
Modified Song discloses, as mentioned above, that the projections are arranged in a region in the bonded outer edges adjacent to the positive electrode tab terminal and the negative electrode tab terminal on the top film 112 as shown in Figure 1, however modified Song is silent as to the projections being arranged in the region of the bonded outer edges on both films.
Ueda discloses a flexible pouch-type battery comprising a sheet-form electrode assembly and a flexible outer case housing made of films [Abstract], similar to Song. Ueda further discloses that the outer films are bonded around the outer edges (“bonded margins”) [0049-0051] and that there are electrode tabs (“leads”) that protrude from the bonded outer edge [0068], as shown in Ueda Annotated Figure 1.
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Ueda Annotated Figure 1
Ueda discloses that both outer films comprise “projections” (films are formed into a corrugated shape have a wave-like structure comprising ridge lines and valley lines [0072], see Ueda Annotated Figure 6 below), similar to Song.
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Ueda Annotated Figure 6
Ueda further discloses alternate embodiments where the projections are formed across the entire area of the films including the bonded outer edges near the tabs, as shown in Ueda Figures 8 & 9, as well as an alternative embodiment wherein the projections are formed only in the central region of the films and not in the bonded outer edge regions near the tabs (similar to Song), as shown in Figures 16-20.
Additionally, Ueda discloses that the projections are formed to enhance the flexibility of the battery [Ueda 0008-0009], similarly to why Song includes the projections in their pouch film layers [0101-0102].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to substitute one known layout of projections, i.e. across entire area of films of Ueda, for another layout of projections, i.e. only in central region of Song, with reasonable expectation of success. The simple substitution of one layout of projections for another to obtain predictable results is not patentable. See KSR International Co v. Teleflex Inc., 127 S. Ct. 1727,82 USPQ2d 1385 (2007); MPEP 2143 B.
In addition, Ueda discloses that Examples 1-4 all showed superior sealing performance [0157], wherein Examples 1-4 were the alternative embodiments (Example 1 composed of projections across the entire area of the films [0140] whereas Example 4 composed of projections only in the central region [0146], for example). By teaching the two alternative layouts of projections, Ueda demonstrates that these are known equivalents in the art, and the selection of either layout of projections would have been obvious to one having ordinary skill in the art. See MPEP 2144.06.
Thus, modified Song discloses that the plurality of projections are arranged in a region in the bonded outer edges adjacent to the positive and negative electrode tab terminals.
Regarding Claim 4, Song discloses that the film forming the pouch comprises a metal layer (“barrier layer” made of metal such as aluminum or steel) [0047-0050] and a second resin layer (insulation layer) [0047]. Examiner notes that Song discloses that the lamination process of the layers of the pouch includes stacking an insulation layer, a barrier layer, and another insulation layer [0047], thus the metal layer (barrier layer) is laminated on the main surface of the first resin layer (insulation layer) opposite the inner surface, and the second resin layer (insulation layer) is laminated on the main surface of the metal layer opposite the first resin layer.
Regarding Claim 5, Song discloses that the separator is made of polyethylene or polypropylene [0066], both of which are polyolefins, or polymer fabric [0066], which is inclusive of polyester. Song further discloses that the separator can include ceramic particles within a polymer [0066].
Claims 1, & 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Song et al. US 2016/0240824 A1, and further in view of Hwan et al. KR 101037041 B1 and Ueda US 2013/0101884 A1. Further evidence provided by McClements “Polyester: History, Definition, Advantages, and Disadvantages” and ZOI Films “CPP Technical Data Sheet”.
Regarding Claim 1, Song discloses a lithium-ion secondary battery (flexible secondary battery) [0003] comprising:
A pair of exterior films having outer edges bonded together in a stacked state to form an internal space (pouch Item 110 Figure 1 including a first and second sealing material Items 111 & 112, respectively, configured to seal the pouch) [0046-0047, 0070].
A battery housed in the internal space (Item 100 Figure 1)
A positive electrode tab terminal connected to the battery body (first electrode tab 151 connected to the first electrode plate) [0021] in between the pair of exterior films and extending to an outside (Figures 1 & 2 show electrode tab 151 extending between the films and to the outside of the pouch)
A negative electrode tab terminal connected to the battery body (second electrode tab 152 connected to the second electrode plate) [0021] in between the pair of exterior films and extending to an outside (Figures 1 & 2 show electrode tab 152 extending between the films and to the outside of the pouch)
A separator film included in the battery body (separator Item 133 Figure 1) [0051]
A lithium containing positive electrode layer (first electrode layer Item 131 Figure 1, which includes a lithium transition metal oxide) [0051, 0056] laminated on the first main surface of the separator (as shown in Figure 1)
A negative electrode layer (second electrode layer Item 132 Figure 1) [0051] laminated on the second main surface of the separator opposite the first main surface in the thickness direction (as shown in Figure 1)
A positive electrode current collector foil (first metal collector) [0053] laminated on an opposite side of the positive electrode layer from the separator
A negative electrode current collector foil (second metal collector) [0053] laminated on an opposite side of the negative electrode layer from the separator
An electrolytic solution impregnated into the separator, positive electrode, and negative electrode (electrolyte contained within pouch) [0046]
the pair of exterior films each including a first resin layer (insulation layer, which may be formed of a material such as CPP, PET, or nylon, which are polymeric resins) [0047, 0050] constituting an inner surface, the inner surfaces opposing each other [0047] (also shown in Figure 1)
the inner surface of both of the pair of exterior films having a plurality of projections (protrusions Item 116 Figure 1 shown on both films 111 and 112) [0070] arranged thereon apart from each other (see spacing of protrusions in Figure 1), wherein the size of the planar shape of the projections viewed in a direction perpendicular to the inner surface is 40 µm or more and 500 µm or less (suggested values of the protrusion radius B range from 0.05 mm (50 µm) to 1.8 mm (1800 µm), thereby rendering the claimed range obvious) [0080] (see also MPEP § 2144.05(1) for obviousness of overlapping ranges)
the plurality of projections, on the top film, are arranged in a region in the outer edges adjacent to the positive electrode tab terminal and a region in the outer edges adjacent to the negative electrode tab terminal (shown in Figure 1)
Song discloses that each of the projections is a portion of the first resin layer having a thickness greater than that of other portions of the first resin layer, as shown in Figures 3 & 4 below:
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Annotated Song Figures 3 & 4
Song discloses that flat portions (base portion Figure 3 Item 117) are formed between adjacent ones of the projections (see Figure 3) [0071, 0076].
As shown in Figure 2 below, Song discloses that each projection is arranged in a dot pattern so as to be surrounded by the flat portion [0010, 0071]. Song further discloses that each of the projections has a first curved portion and a second curved portion that surrounds the first curved portion, shown as Items 113 & 114, respectively, in Figure 3 [0071-0074].
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Annotated Song Figure 2
Song discloses that the second curved portion may not be included, which is advantageous for being able to form the pouch is less time when the second curved portion is omitted [0082]. Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to select an embodiment of Song wherein the projections are formed of only the first curved portion.
Thus, Song discloses that each projection is only formed of the first curved portion. Further, Song discloses that the flat portion has a width greater than a width of the projection, which is illustrated in Partial Annotated Song Figure 2 below:
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Partial Annotated Song Figure 2
Song is silent as to the resin layer comprising two layers of differing melting points.
Hwan discloses a pouch for a secondary battery comprising layers of an outer resin layer, a metal foil layer, and an inner resin layer [Page 2 Lines 10-12]. A shown in Figure 2, Hwan further discloses that the pouch comprises an additional layer between the metal foil layer and the inner resin layer (“intermediate layer” Item 40 Figure 2) [Page 2 Lines 15-17]. Thus, Hwan discloses that the pouch comprises a first resin layer with a first layer (intermediate layer) and a second layer (inner resin layer). Hwan discloses that the first layer (intermediate layer) comprises polyester resin [Page 2 Lines 39-41], and the second layer (inner resin layer) comprises CPP [Page 2 Lines 34-36], similar to the first resin layer (insulation layer) of Song. As evidenced by McClements, polyester has a melting point of 246°C [Page 2]. As evidenced by ZOI Films, CPP has a melting point of 167°C [Page 1]. Thus, Hwan discloses that the first layer has a higher melting point than the second layer.
Hwan discloses that a pouch with this layered configuration provides protection to the metal layer [Page 2 Lines 18-19].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to incorporate the intermediate layer of Hwan in the pouch of Song to achieve a first resin layer with a first layer (intermediate layer of Hwan) and a second layer (insulation layer of Song) to provide a pouch with protection of the metal layer.
Modified Song discloses, as mentioned above, that the projections are arranged in a region in the bonded outer edges adjacent to the positive electrode tab terminal and the negative electrode tab terminal on the top film 112 as shown in Figure 1, however modified Song is silent as to the projections being arranged in the region of the bonded outer edges on both films.
Ueda discloses a flexible pouch-type battery comprising a sheet-form electrode assembly and a flexible outer case housing made of films [Abstract], similar to Song. Ueda further discloses that the outer films are bonded around the outer edges (“bonded margins”) [0049-0051] and that there are electrode tabs (“leads”) that protrude from the bonded outer edge [0068], as shown in Ueda Annotated Figure 1.
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Ueda Annotated Figure 1
Ueda discloses that both outer films comprise “projections” (films are formed into a corrugated shape have a wave-like structure comprising ridge lines and valley lines [0072], see Ueda Annotated Figure 6 below), similar to Song.
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Ueda Annotated Figure 6
Ueda further discloses alternate embodiments where the projections are formed across the entire area of the films including the bonded outer edges near the tabs, as shown in Ueda Figures 8 & 9, as well as an alternative embodiment wherein the projections are formed only in the central region of the films and not in the bonded outer edge regions near the tabs (similar to Song), as shown in Figures 16-20.
Additionally, Ueda discloses that the projections are formed to enhance the flexibility of the battery [Ueda 0008-0009], similarly to why Song includes the projections in their pouch film layers [0101-0102].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to substitute one known layout of projections, i.e. across entire area of films of Ueda, for another layout of projections, i.e. only in central region of Song, with reasonable expectation of success. The simple substitution of one layout of projections for another to obtain predictable results is not patentable. See KSR International Co v. Teleflex Inc., 127 S. Ct. 1727,82 USPQ2d 1385 (2007); MPEP 2143 B.
In addition, Ueda discloses that Examples 1-4 all showed superior sealing performance [0157], wherein Examples 1-4 were the alternative embodiments (Example 1 composed of projections across the entire area of the films [0140] whereas Example 4 composed of projections only in the central region [0146], for example). By teaching the two alternative layouts of projections, Ueda demonstrates that these are known equivalents in the art, and the selection of either layout of projections would have been obvious to one having ordinary skill in the art. See MPEP 2144.06.
Thus, modified Song discloses that the plurality of projections are arranged in a region in the bonded outer edges adjacent to the positive and negative electrode tab terminals.
Regarding Claim 4, Song discloses that the film forming the pouch comprises a metal layer (“barrier layer” made of metal such as aluminum or steel) [0047-0050] and a second resin layer (insulation layer) [0047]. Examiner notes that Song discloses that the lamination process of the layers of the pouch includes stacking an insulation layer, a barrier layer, and another insulation layer [0047], thus the metal layer (barrier layer) is laminated on the main surface of the first resin layer (insulation layer) opposite the inner surface, and the second resin layer (insulation layer) is laminated on the main surface of the metal layer opposite the first resin layer.
Regarding Claim 5, Song discloses that the separator is made of polyethylene or polypropylene [0066], both of which are polyolefins, or polymer fabric [0066], which is inclusive of polyester. Song further discloses that the separator can include ceramic particles within a polymer [0066].
Response to Arguments
Applicant argues that the modification of Song in view of Ueda is incorrect, more specifically that Song does not teach or suggest that the plurality of protrusions have any influence of the sealing performance of the pair of exterior films, and therefore there would have been no reason to consider modifying Song based on the teachings of Ueda. Examiner respectfully points out, as stated in the rejection above, that the modification of Song in view of Ueda was made on the grounds of simply modifying the protrusion arrangement of Song to extend over the entire area of the exterior films, as suggested by the teachings of Ueda. Ueda suggests alternative embodiments for a pair of exterior films wherein pluralities of protrusion cover only the central region of the exterior films as well as wherein pluralities of protrusions cover the entire surface of the exterior films, which Ueda discloses are suitable alternatives to each other that all show evidence of success in the examples. Ueda discloses that these embodiments having protrusions such as these enhance flexibility of the battery, which is a shared motivation for why Song includes their projections in their invention. Thus, Ueda and Song are analogous art, and thus the substitution of one embodiment of protrusion arrangement for another, based on the teaching of suitable alternatives by Ueda, would be obvious to one of ordinary skill in the art. Examiner points out that the rejection does not rely on sealing performance as the motivation behind using a different arrangement of protrusions, either disclosed by Song or Ueda, and therefore the argument made by the Applicant is irrelevant to the rejection. Accordingly, for the reasons stated above, this argument is unpersuasive.
Applicant argues that replacing the protrusions of Song with the corrugated structure of Ueda fails to meet the limitations of the claim. Examiner respectfully points out that this argument is irrelevant because the rejection made above is on the grounds of modifying the protrusions of Song to extend over the entire area of the exterior film as suggested by the teachings of Ueda. The modification is not replacing the protrusions of Song with the structure of Ueda. Accordingly, for the reasons stated above, this argument is unpersuasive.
Applicant argues that the modification of Song in view of Ueda would result in forming a recess to engage with a protrusion which does not read on the amended claim limitations. This argument is irrelevant to the rejection, as the modification of Song in view of Ueda, as mentioned above, does not replace the protrusions of Song with the corrugated structure of Ueda. Examiner respectfully points out, as stated in the rejection above, that Song by itself teaches the newly added claim limitations regarding the projections, wherein the projections are a portion of the first resin layer having a thickness greater than that of other portions of the first resin layer, flat portions are formed between adjacent ones of the projections, and each of the projections is arranged in a dot pattern so as to be surrounded by the flat portion having a width greater than a width of the projection. Accordingly, for the reasons stated above, this argument is unpersuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Miyake US 2016/0043359 A1 – discloses a secondary battery having exterior films comprising a plurality of projections on the inner surface of the films, wherein the films comprise stacked layers of an insulating film and a metal layer.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANNA E GOULD whose telephone number is (571)270-1088. The examiner can normally be reached Monday-Friday 9:00am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey T. Barton can be reached at (571) 272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.E.G./Examiner, Art Unit 1726 /DANIEL P MALLEY JR./Primary Examiner, Art Unit 1726
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