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 .
Response to Amendment
The Amendment filed November 13th 2025 does not place the application in condition for allowance. The 103 rejections of the claims have been withdrawn due to Applicant’s amendments. However, upon further consideration, a new grounds of rejection is made in view of Ueda US 2013/0101884 A1. New rejections follow.
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 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 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's arguments with respect to amended claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments have been fully considered but they are not persuasive. Applicant argues that Okuda’s first and second layers (Items 301 and 302 respectively in Figure 1b) are separate from the first and second sheet portions forming the interior space housing the battery reading on the claimed pair of exterior films. Examiner respectfully points out that as currently written, the claim does not require the first and second layers of the first resin layer to be in a specific location of the first resin layer of the pouch, nor be specifically part of the entire first resin layer included in the pair of exterior films. Thus, Okuda’s teaching of a first and second layer can be interpreted as reading on the claim as currently written, as the first and second layers of Okuda are comprised in a first resin layer that is comprised in the pouch layers. Accordingly, for the reasons stated above, this argument is unpersuasive.
Applicant argues that one of ordinary skill in the art would not have been motivated to combine Hwan with Song since Song does not disclose a metal layer within the sealing material film layers and the benefit of Hwan is related to protection of a metal layer. Examiner respectfully points out that, as stated in the rejection of Claim 4 above, Song does disclose a metal layer (barrier layer) within the layers of the sealing material film layers, and therefore the invention of Song would be benefitted by the modification of Hwan for the protection of the metal layer. Therefore, one of ordinary skill in the art would have motivated to combined Song and Hwan. Accordingly, for the reasons stated above, this argument is unpersuasive.
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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
/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 23 January 2026