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 Arguments
Applicant’s arguments with respect to claim(s) 1-4 and 6-20 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 amended claim 1 and 7 to claim the secondary dispersion peak within a range of -110 to -70 °C. Regarding claim 1, Aragaki is now combined with Nanjo, Kaita, and Ikeda. Aragaki modified with Nanjo teaches the base resin material of PBT/PET, which is known to be made with terephthalic acid, ethylene glycol, and butanediol, and therefore overlaps with the polyester-based resin in which two or more glycol components are copolymerized with a single acid component. The addition of Kaita and Ikeda modify Aragaki to provide a plasticizer and hydrogen sulfide adsorbent, respectfully. Therefore, modified Aragaki teaches the same composition of at least example 2A of the instant specification. Example 2A of the instant specifications provide that the secondary dispersion peak is -108 °C, which falls within the claimed range of -110 to -70 °C. Thus, modified Aragaki also teaches the secondary dispersion peak range as claimed.
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.
Claim(s) 1-4, 6-12, 18-19, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aragaki (JP-2016129105-A) (see translation), and in further view of Nanjo (US-20150183204-A1), Kaita (WO-2018220954-A1) (see translation), and Ikeda (JP-2015089644-A) (see translation).
Regarding claim 1, Aragaki discloses a terminal-coating resin film to be so disposed in a power storage device including a power storage device body and a terminal electrically connected to the power storage device body (see e.g., Aragaki; [0017] regarding the tab lead for a laminate type battery) as to cover an outer peripheral surface of part of the terminal (see e.g., Aragaki; [0010], [0019] regarding a tab lead in which an insulating film is bonded to a predetermined area of a lead conductor and [0020] regarding the insulating film may be “attached to both sides of the lead conductor” and “protrude outward in the width direction beyond both widthwise ends of the lead conductor”, thus covering an outer peripheral surface of part of the terminal), the terminal-coating resin film, comprising: a single-layer structure or a multilayer structure (see e.g., Aragaki; [0015] regarding the film comprising of a single-layer structure and [0016] regarding the film comprising of a multilayer structure); and a resin layer (see e.g., Aragaki; [0012]- [0013] regarding the film comprising a polymer which may be one or more resins).
Aragaki discloses the following similarities to the instant specifications: the polymer of the film may be polyphenylene sulfide (PPS) resin, polyamide-based resin, or polymer-based resin (see e.g., Aragaki; [0013]), acid-modified polyethylene or acid-modified polypropylene, corresponding to the amide-modified polyethylene or amide-modified polypropylene of the instant specification, may be disposed on the inner surface side of the foil, and nylon or PET, corresponding to the copolymer of terephthalic acid as acid component and ethylene glycol as the glycol component of Polyester-based resin 1 in Example 1A of the instant specification, may be the material disposed on the outer surface (see e.g., Aragaki; [0034]), the polymer contained in the outer layer portion in the range of 51 to 100 mass% (see e.g., Aragaki; [0012]) which overlaps with the instant specification examples.
Aragaki does not explicitly disclose wherein the resin layer comprises a polyester-based resin in which two or more glycol components are copolymerized with a single acid component or a polyester-based resin in which one or more glycol components are copolymerized with two or more acid components. However, Nanjo discloses a polyester film that is PBT/PET (see e.g., Nanjo; abstract, [0011], [0038]), which is known to be made with terephthalic acid, ethylene glycol, and butanediol. Therefore, the PBT/PET disclosed by Nanjo overlaps with the polyester-based resin in which two or more glycol components are copolymerized with a single acid component. Nanjo is further analogous art because Nanjo discloses the polyester film in batteries (see e.g., Nanjo; [0007]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have selected PBT/PET disclosed by Nanjo as the polyester-based resin of Aragaki. One of ordinary skill in the art would have been motivated to select PBT/PET to provide a polyester film excellent in formability in cold forming such as stretch forming or deep draw forming, and capable of forming a sharp form and satisfactory in the acid resistance against hydrofluoric acid or the resistance against an electrolyte (see e.g., Nanjo; [0018]).
Aragaki does not explicitly disclose the resin layer contains a plasticizer. However, Kaita discloses a resin layer that may include a plasticizer (see e.g., Kaita; [0049]). Kaita is equivalent analogous art and combinable to Aragaki because Kaita similarly teaches that the resin layer may also include antioxidants wherein the resin layer is disposed on a tab lead. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the resin layer disclosed by Aragaki by providing a plasticizer disclosed by Kaita. One of ordinary skill in the art would have been motivated to make this modification in order to provide a resin layer with desired thermal fusion, adhesion, and durability properties (see e.g., Kaita; [0010]).
Aragaki does not explicitly disclose the resin layer further comprising a hydrogen sulfide adsorbent. However, Ikeda discloses a hydrogen sulfide adsorbent such as copper (II) silicate (see e.g., [0042] regarding adsorbents, [0043] regarding the adsorbents having adsorption capacity for hydrogen sulfide). Ikeda is equivalent analogous art and combinable to Aragaki because Ikeda similarly discloses the adsorbent is provided in similar thermoplastic resins such as polyolefin resins (see e.g., [0012]) wherein the application of the resin is in batteries (see e.g., [0050] regarding the application of the laminate used in an all-solid-state lithium battery). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the resin layer disclosed by Aragaki by providing a hydrogen sulfide adsorbent in the resin layer disclosed by Ikeda. One of ordinary skill in the art would have been motivated to make this modification in order to provide a resin layer with high adsorption performance for sulfide-based gases (see e.g., [0011]).
Modified Aragaki provides all of the positively recited structure of the claimed resin layer. For instance, Example 1A of the instant specification is disclosed because Aragaki teaches a resin layer comprising of PET which is 51 to 100 mass %. Moreover, modified Aragaki also overlaps with instant specification Example 2A with polyester-based resin 2 which is a copolymer of terephthalic acid as acid component, and ethylene glycol and butanediol as glycol component. The instant specification examples 1A and 2A both include a plasticizer and hydrogen sulfide adsorbent. Similarly, modified Aragaki is modified to include a plasticizer and hydrogen sulfide adsorbent. The instant specification describes in table 1 that Example 1A and Example 2A has at least one secondary dispersion peak y within a range of - 110°C to -70°C in a profile of a loss tangent tan delta obtained by dynamic viscoelastic measurement conducted on the terminal-coating resin film under a condition of 1.0 Hz. Therefore, it is the examiner’s position that modified Aragaki, which teaches the same terminal-coating resin film composition of at least examples 1A and 2A of the instant specification, also teaches this secondary dispersion peak element of claim 1.
MPEP 2112 I states “[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer.” Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999). Thus the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable. In re Best, 562 F.2d 1252, 1254, 195 USPQ 430, 433 (CCPA 1977).
Regarding claim 2, modified Aragaki teaches the terminal-coating resin film of claim 1. As above regarding claim 1, modified Aragaki provides all of the positively recited structure of the claimed resin layer:
Aragaki discloses the following similarities to the instant specifications: the polymer of the film may be polyphenylene sulfide (PPS) resin, polyamide-based resin, or polymer-based resin (see e.g., Aragaki; [0013]), acid-modified polyethylene or acid-modified polypropylene, corresponding to the amide-modified polyethylene or amide-modified polypropylene of the instant specification, may be disposed on the inner surface side of the foil, and nylon or PET, corresponding to the copolymer of terephthalic acid as acid component and ethylene glycol as the glycol component of Polyester-based resin 1 in Example 1A of the instant specification, may be the material disposed on the outer surface (see e.g., Aragaki; [0034]), the polymer contained in the outer layer portion in the range of 51 to 100 mass% (see e.g., Aragaki; [0012]) which overlaps with the instant specification examples.
Aragaki does not explicitly disclose wherein the resin layer comprises a polyester-based resin in which two or more glycol components are copolymerized with a single acid component or a polyester-based resin in which one or more glycol components are copolymerized with two or more acid components. However, Nanjo discloses a polyester film that is PBT/PET (see e.g., Nanjo; abstract, [0011], [0038]), which is known to be made with terephthalic acid, ethylene glycol, and butanediol. Therefore, the PBT/PET disclosed by Nanjo overlaps with the polyester-based resin in which two or more glycol components are copolymerized with a single acid component. Nanjo is further analogous art because Nanjo discloses the polyester film in batteries (see e.g., Nanjo; [0007]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have selected PBT/PET disclosed by Nanjo as the polyester-based resin of Aragaki. One of ordinary skill in the art would have been motivated to select PBT/PET to provide a polyester film excellent in formability in cold forming such as stretch forming or deep draw forming, and capable of forming a sharp form and satisfactory in the acid resistance against hydrofluoric acid or the resistance against an electrolyte (see e.g., Nanjo; [0018]).
Modified Aragaki provides all of the positively recited structure of the claimed resin layer. For instance, Example 1A of the instant specification is disclosed because Aragaki teaches a resin layer comprising of PET which is 51 to 100 mass %. Moreover, modified Aragaki also overlaps with instant specification Example 2A with polyester-based resin 2 which is a copolymer of terephthalic acid as acid component, and ethylene glycol and butanediol as glycol component. The instant specification describes in table 1 that Example 1A and Example 2A has at least one primary dispersion peak alpha within a range of 30°C to 130°C in a profile of a loss tangent tan delta. Therefore, it is the examiner’s position that modified Aragaki teaches this primary dispersion peak element of claim 1.
MPEP 2112 I states “[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer.” Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999). Thus the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable. In re Best, 562 F.2d 1252, 1254, 195 USPQ 430, 433 (CCPA 1977).
Regarding claim 3, modified Aragaki teaches the terminal-coating resin film of claim 1, wherein the resin layer contains a plasticizer (see above regarding claim 1 and the modification with Kaita).
Regarding claim 4, modified Aragaki teaches the terminal-coating resin film of claim 1, further comprising a hydrogen sulfide adsorbent (see above regarding claim 1 and the modification with Ikeda).
Claims 6-12 describe a power storage device with multiple layers including a packaging layer comprising of a base, barrier, and sealant layer, the terminal-resin coating film of claim 1, an adhesive layer, and an anticorrosion treatment layer. However, Aragaki may be further modified by taking the same resin layer disclosed in Aragaki of claims 1-2 and modified Aragaki of claims 3-4 described below, and duplicating the layer to correspond with the additional layers. The duplicated layers satisfy the elements of claims 6-12 because properties are the same as those described in claims 1-4. The additional properties of adhesion and anticorrosion of claims 11-12 are disclosed by Aragaki. The details are described below:
Regarding claim 6, modified Aragaki teaches the terminal-coating resin film of claim 1. Aragaki teaches a power storage device, comprising: a power storage device body (see e.g., [0031] regarding an electricity storage device such as a laminate battery); a terminal extending from the power storage device body (see e.g., [0032] regarding a tab lead metal terminal); a packaging material covering part of the terminal and holding the power storage device body therein (see e.g., [0032]-[0033] regarding the metal foil of the laminate film and resin layer bonded to both sides of the metal foil, wherein the packaging material corresponds to the metal foil and the resin layer disposed on the outside of the foil which is not in contact with the tab lead, and which constitutes the exterior case which corresponds to holding the power storage device body therein); and the terminal-coating resin film of claim 1, the terminal-coating resin film being disposed between the terminal and the packaging material (see e.g., [0032]-[0033] regarding the insulating resin film bonded to both sides of the metal foil wherein the terminal-coating resin film of claim 1 corresponds to the film layer disposed on the inside of the metal foil which is in contact with the tab lead terminal).
Regarding claim 7, modified Aragaki teaches the power storage device of claim 6, wherein the packaging material has a laminate structure including at least a base layer, a barrier layer (see e.g., [0032] disclosing the laminate film comprising resin film bonded to both sides of a metal foil, wherein the base layer corresponds to the first layer of resin film disposed on the outside of the metal foil, and the barrier layer corresponds to the metal foil layer).
Aragaki also discloses that at least two layers of insulating resin film is positioned on both sides of the metal foil (see e.g., [0033]) and describes that the film may be a multilayer film (see e.g., [0016], [0029]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the packaging material by providing an additional layer corresponding to the claimed sealant layer such that the laminate structure includes at least a base layer, a barrier layer, and a sealant layer in this order. The additional sealant layer may be of the same material as the resin layer described above regarding claim 1. One of ordinary skill in the art would have been motivated to make this modification in order to provide a tab lead with excellent electrical insulating and sealing properties and specifically prevent a short circuit between the metal foil of an outer case and the lead conductor of the tab lead at the sealed portion (see e.g., [0008]).
Because the sealant layer may be of the same composition as the resin layer described above regarding claim 1, the sealant layer would have the same properties as the resin layer. Namely, the sealant layer would have at least one secondary dispersion peak y within a range of -110°C to -70°C in a profile of a loss tangent tan delta obtained by dynamic viscoelastic measurement conducted on the sealant layer under a condition of 1.0 Hz. For clarity, the following reiterates the modified Aragaki which achieve the at least one secondary dispersion peak y:
Aragaki discloses the following similarities to the instant specifications: the polymer of the film may be polyphenylene sulfide (PPS) resin, polyamide-based resin, or polymer-based resin (see e.g., Aragaki; [0013]), acid-modified polyethylene or acid-modified polypropylene, corresponding to the amide-modified polyethylene or amide-modified polypropylene of the instant specification, may be disposed on the inner surface side of the foil, and nylon or PET, corresponding to the copolymer of terephthalic acid as acid component and ethylene glycol as the glycol component of Polyester-based resin 1 in Example 1A of the instant specification, may be the material disposed on the outer surface (see e.g., Aragaki; [0034]), the polymer contained in the outer layer portion in the range of 51 to 100 mass% (see e.g., Aragaki; [0012]) which overlaps with the instant specification examples.
Aragaki does not explicitly disclose wherein the resin layer comprises a polyester-based resin in which two or more glycol components are copolymerized with a single acid component or a polyester-based resin in which one or more glycol components are copolymerized with two or more acid components. However, Nanjo discloses a polyester film that is PBT/PET (see e.g., Nanjo; abstract, [0011], [0038]), which is known to be made with terephthalic acid, ethylene glycol, and butanediol. Therefore, the PBT/PET disclosed by Nanjo overlaps with the polyester-based resin in which two or more glycol components are copolymerized with a single acid component. Nanjo is further analogous art because Nanjo discloses the polyester film in batteries (see e.g., Nanjo; [0007]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have selected PBT/PET disclosed by Nanjo as the polyester-based resin of Aragaki. One of ordinary skill in the art would have been motivated to select PBT/PET to provide a polyester film excellent in formability in cold forming such as stretch forming or deep draw forming, and capable of forming a sharp form and satisfactory in the acid resistance against hydrofluoric acid or the resistance against an electrolyte (see e.g., Nanjo; [0018]).
Aragaki does not explicitly disclose the resin layer contains a plasticizer. However, Kaita discloses a resin layer that may include a plasticizer (see e.g., Kaita; [0049]). Kaita is equivalent analogous art and combinable to Aragaki because Kaita similarly teaches that the resin layer may also include antioxidants wherein the resin layer is disposed on a tab lead. Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the resin layer disclosed by Aragaki by providing a plasticizer disclosed by Kaita. One of ordinary skill in the art would have been motivated to make this modification in order to provide a resin layer with desired thermal fusion, adhesion, and durability properties (see e.g., Kaita; [0010]).
Aragaki does not explicitly disclose the resin layer further comprising a hydrogen sulfide adsorbent. However, Ikeda discloses a hydrogen sulfide adsorbent such as copper (II) silicate (see e.g., [0042] regarding adsorbents, [0043] regarding the adsorbents having adsorption capacity for hydrogen sulfide). Ikeda is equivalent analogous art and combinable to Aragaki because Ikeda similarly discloses the adsorbent is provided in similar thermoplastic resins such as polyolefin resins (see e.g., [0012]) wherein the application of the resin is in batteries (see e.g., [0050] regarding the application of the laminate used in an all-solid-state lithium battery). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the resin layer disclosed by Aragaki by providing a hydrogen sulfide adsorbent in the resin layer disclosed by Ikeda. One of ordinary skill in the art would have been motivated to make this modification in order to provide a resin layer with high adsorption performance for sulfide-based gases (see e.g., [0011]).
Modified Aragaki provides all of the positively recited structure of the claimed resin layer. For instance, Example 1A of the instant specification is disclosed because Aragaki teaches a resin layer comprising of PET which is 51 to 100 mass %. Moreover, modified Aragaki also overlaps with instant specification Example 2A with polyester-based resin 2 which is a copolymer of terephthalic acid as acid component, and ethylene glycol and butanediol as glycol component. The instant specification examples 1A and 2A both include a plasticizer and hydrogen sulfide adsorbent. Similarly, modified Aragaki is modified to include a plasticizer and hydrogen sulfide adsorbent. The instant specification describes in table 1 that Example 1A and Example 2A has at least one secondary dispersion peak y within a range of - 110°C to -70°C in a profile of a loss tangent tan delta obtained by dynamic viscoelastic measurement conducted on the terminal-coating resin film under a condition of 1.0 Hz. Therefore, it is the examiner’s position that modified Aragaki, which teaches the same terminal-coating resin film composition of at least examples 1A and 2A of the instant specification, also teaches this secondary dispersion peak element of claim 1.
MPEP 2112 I states “[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer.” Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999). Thus the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable. In re Best, 562 F.2d 1252, 1254, 195 USPQ 430, 433 (CCPA 1977).
Regarding claim 8, modified Aragaki teaches the power storage device of claim 7. Because the sealant layer may be of the same composition as the resin layer described above regarding claim 7, the sealant layer would have the same properties as the resin layer. Namely, the sealant layer would have at least one primary dispersion peak alpha within a range of 30°C to 130°C in the profile of the loss tangent tan delta. For clarity, the following reiterates modified Aragaki which achieve the at least one primary dispersion peak alpha:
Aragaki discloses the following similarities to the instant specifications: the polymer of the film may be polyphenylene sulfide (PPS) resin, polyamide-based resin, or polymer-based resin (see e.g., Aragaki; [0013]), acid-modified polyethylene or acid-modified polypropylene, corresponding to the amide-modified polyethylene or amide-modified polypropylene of the instant specification, may be disposed on the inner surface side of the foil, and nylon or PET, corresponding to the copolymer of terephthalic acid as acid component and ethylene glycol as the glycol component of Polyester-based resin 1 in Example 1A of the instant specification, may be the material disposed on the outer surface (see e.g., Aragaki; [0034]), the polymer contained in the outer layer portion in the range of 51 to 100 mass% (see e.g., Aragaki; [0012]) which overlaps with the instant specification examples.
Aragaki does not explicitly disclose wherein the resin layer comprises a polyester-based resin in which two or more glycol components are copolymerized with a single acid component or a polyester-based resin in which one or more glycol components are copolymerized with two or more acid components. However, Nanjo discloses a polyester film that is PBT/PET (see e.g., Nanjo; abstract, [0011], [0038]), which is known to be made with terephthalic acid, ethylene glycol, and butanediol. Therefore, the PBT/PET disclosed by Nanjo overlaps with the polyester-based resin in which two or more glycol components are copolymerized with a single acid component. Nanjo is further analogous art because Nanjo discloses the polyester film in batteries (see e.g., Nanjo; [0007]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have selected PBT/PET disclosed by Nanjo as the polyester-based resin of Aragaki. One of ordinary skill in the art would have been motivated to select PBT/PET to provide a polyester film excellent in formability in cold forming such as stretch forming or deep draw forming, and capable of forming a sharp form and satisfactory in the acid resistance against hydrofluoric acid or the resistance against an electrolyte (see e.g., Nanjo; [0018]).
Modified Aragaki provides all of the positively recited structure of the claimed resin layer. For instance, Example 1A of the instant specification is disclosed because Aragaki teaches a resin layer comprising of PET which is 51 to 100 mass %. Moreover, modified Aragaki also overlaps with instant specification Example 2A with polyester-based resin 2 which is a copolymer of terephthalic acid as acid component, and ethylene glycol and butanediol as glycol component. The instant specification describes in table 1 that Example 1A and Example 2A has at least one primary dispersion peak alpha within a range of 30°C to 130°C in a profile of a loss tangent tan delta. Therefore, it is the examiner’s position that modified Aragaki teaches this primary dispersion peak element of claim 1.
MPEP 2112 I states “[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer.” Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999). Thus the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable. In re Best, 562 F.2d 1252, 1254, 195 USPQ 430, 433 (CCPA 1977).
Regarding claim 9, modified Aragaki teaches the power storage device of claim 7, wherein the sealant layer contains a plasticizer (see above regarding claim 1 for the modification with Kaita).
Regarding claim 10, modified Aragaki teaches the power storage device of claim 7, wherein the sealant layer contains a hydrogen sulfide adsorbent (see above regarding claim 1 for the modification with Ikeda).
Regarding claim 11, modified Aragaki teaches the power storage device of claim 7. Similar as described above regarding claim 7, an additional layer may be provided because Aragaki discloses that at least two layers of insulating resin film is positioned on both sides of the metal foil (see e.g., [0033]) and describes that the film may be a multilayer film (see e.g., [0016], [0029]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the power storage device by providing an additional layer corresponding to an adhesive layer between the barrier layer and the sealant layer, wherein the adhesive layer contains a hydrogen sulfide adsorbent. The additional sealant layer may be of the same material as the resin layer described above regarding claim 1. Aragaki discloses that the resin layer provides good adhesion (see e.g., [0022] regarding the insulating film maintaining a good adhesive state with the inner surface resin film layer of the outer case, [0023] regarding the insulating film serving as an adhesive for bonding). One of ordinary skill in the art would have been motivated to make this modification in order to provide a tab lead with excellent electrical insulating and sealing properties and specifically prevent a short circuit between the metal foil of an outer case and the lead conductor of the tab lead at the sealed portion (see e.g., [0008]).
Because the adhesive may be of the same composition as the resin layer described above regarding claim 1, the adhesive layer contains a hydrogen sulfide adsorbent (see above regarding claim 1 for the modification with Ikeda).
Regarding claim 12, modified Aragaki teaches the power storage device of claim 7. Similar as described above regarding claim 7, an additional layer may be provided because Aragaki discloses that at least two layers of insulating resin film is positioned on both sides of the metal foil (see e.g., [0033]) and describes that the film may be a multilayer film (see e.g., [0016], [0029]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the power storage device by providing an additional layer corresponding to an anticorrosion treatment layer provided on at least one surface of the barrier layer. The additional anticorrosion layer may be of the same material as the resin layer described above regarding claim 1. Aragaki discloses that the resin layer contains a hindered phenol-based antioxidant (see e.g., [0028]), which is an anticorrosion treatment material. One of ordinary skill in the art would have been motivated to make this modification in order to provide a tab lead with excellent electrical insulating and sealing properties and specifically prevent a short circuit between the metal foil of an outer case and the lead conductor of the tab lead at the sealed portion (see e.g., [0008]).
Regarding claim 18, modified Aragaki teaches the terminal-coating resin film of claim 1, wherein the resin layer comprises the polyester-based resin in which the two or more glycol components are copolymerized with the single acid component (see above regarding claim 1). The combination of Nanjo with Aragaki is reiterated for clarity:
Nanjo discloses a polyester film that is PBT/PET (see e.g., Nanjo; abstract, [0011], [0038]), which is known to be made with terephthalic acid, ethylene glycol, and butanediol. Therefore, the PBT/PET disclosed by Nanjo overlaps with the polyester-based resin in which two or more glycol components are copolymerized with a single acid component. Nanjo is further analogous art because Nanjo discloses the polyester film in batteries (see e.g., Nanjo; [0007]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have selected PBT/PET disclosed by Nanjo as the polyester-based resin of Aragaki. One of ordinary skill in the art would have been motivated to select PBT/PET to provide a polyester film excellent in formability in cold forming such as stretch forming or deep draw forming, and capable of forming a sharp form and satisfactory in the acid resistance against hydrofluoric acid or the resistance against an electrolyte (see e.g., Nanjo; [0018]).
Regarding claim 19, modified Aragaki teaches the terminal-coating resin film of claim 18, Nanjo is used to modify Aragaki to teach PBT/PET, which comprises of ethylene glycol, butanediol, and terephthalic acid (see e.g., Nanjo; abstract, [0011], [0038], regarding PBT/PET), which overlaps with the claimed group of the two or more glycol components and acid component.
Regarding claim 21, modified Aragaki teaches the terminal-coating resin film of claim 1. Aragaki further discloses examples the terminal-coating resin film has a thickness of 50 μm each with two layers for a combined total of 100 μm (see e.g., Aragaki; [0039], regarding example 1 wherein the film consists of two layers), and a single-layer film of 100 μm (see e.g., Aragaki; [0044], regarding example 6), which falls within the claimed range of 50-200 μm.
Claim(s) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aragaki (JP-2016129105-A) (see translation).
Regarding claim 13, Aragaki teaches a power storage device terminal-coating film to be disposed in a power storage device including a power storage device body (see e.g., [0031] regarding an electricity storage device such as a laminate battery) and a metal terminal electrically connected to the power storage device body as to cover an outer peripheral surface of part of the metal terminal (see e.g., [0032] regarding a tab lead metal terminal).
Aragaki teaches in examples 4-1 to 4-4 that the terminal-coating film is comprised of a resin composition containing a first resin and a second resin (see e.g., Aragaki; [0041], regarding a first resin MAH-SEBS-SBBS and a second resin such as PPS), the first resin including polyolefin (see e.g., Aragaki; [0041], wherein MAH-SEBS-SBBS includes EB which is a polyolefin). In this specific example, Aragaki does not explicitly disclose the second resin including at least one resin selected from polyester, polyamide, polycarbonate, and polyphenylene ether. However, Aragaki discloses earlier that the film may comprise of one or more resins selected from a group including polyester-based resin (see e.g., Aragaki; [0013]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified examples 41 to 4-4 of Aragaki such that the second resin is a polyester-based resin. One of ordinary skill in the art would have been motivated to make this modification in order to provide a tab lead that combines excellent electrical insulation and sealing properties (see e.g., Aragaki; [0008]).
Regarding claim 14, modified Aragaki teaches the power storage device terminal-coating film of claim 13, wherein the terminal-coating film contains modified polyolefin having a polar group that reacts with the second resin (see e.g., Aragaki; [0041], wherein MAH-SEBS-SBBS includes maleic anhydride, MAH, which is a polar group that reacts with a polyester-based resin).
Regarding claim 15, modified Aragaki teaches the power storage device terminal-coating film of claim 13, wherein the modified polyolefin is modified with maleic anhydride (see e.g., Aragaki; [0041]).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aragaki (JP-2016129105-A) (see translation), and in further view of Nanjo (US-20150183204-A1).
Regarding claim 16, modified Aragaki teaches the power storage device terminal-coating film of claim 13 (shown below). Aragaki does not explicitly disclose wherein polyester or polyamide contained in the terminal-coating film exhibits a crystallinity of 10% or more and less than 70% after the terminal-coating film is heat-sealed under conditions of 260°C at 0.5 Mpa for three seconds and cooled at room temperature.
The instant specification submits that a crystallinity of 10% or more and less than 70% after the terminal-coating film is heat-sealed under conditions of 260°C at 0.5 Mpa for three seconds and cooled at room temperature may be achieved when the polyester resin is obtained by the copolymerization of an acid component and a glycol component, wherein the acid component may include phthalic acid, terephthalic acid, isophthalic acid, naphthalenedicarboxylic acid, cyclohexanedicarboxylic acid, adipic acid, and sebacic acid, and the glycol component may include ethylene glycol, butanediol, pentanediol, hexanediol, neopentyl glycol, diethylene glycol, polytetramethylene glycol, cyclohexanedimethanol, and propanediol.
Nanjo may be applied to Aragaki to teach the specific type of polyester-based resin. Nanjo discloses a polyester film that is PBT/PET (see e.g., Nanjo; abstract, [0011], [0038]), which is known to be made with terephthalic acid, ethylene glycol, and butanediol. Furthermore, this PBT/PET disclosed by Nanjo overlaps with polyester-based resin 2 of the instant specification. Nanjo is further analogous art because Nanjo discloses the polyester film in batteries (see e.g., Nanjo; [0007]). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have selected PBT/PET disclosed by Nanjo as the polyester-based resin of Aragaki. One of ordinary skill in the art would have been motivated to select PBT/PET to provide a polyester film excellent in formability in cold forming such as stretch forming or deep draw forming, and capable of forming a sharp form and satisfactory in the acid resistance against hydrofluoric acid or the resistance against an electrolyte (see e.g., Nanjo; [0018]). With the same PBT/PET polyester-based resin, it is the examiner’s position that modified Aragaki inherently teaches that the polyester contained in the terminal-coating film exhibits a crystallinity of 10% or more and less than 70% after the terminal-coating film is heat-sealed under conditions of 260°C at 0.5 Mpa for three seconds and cooled at room temperature.
MPEP 2112 I. states ‘“[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer.” Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999). Thus the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable.’
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aragaki (JP-2016129105-A) (see translation) as applied to claim 13 above, and further in view of and Ikeda (JP-2015089644-A) (see translation).
Regarding claim 17, modified Aragaki teaches the power storage device terminal-coating film of claim 13. Aragaki does not explicitly disclose wherein the terminal-coating film contains a hydrogen sulfide adsorbent.
However, Ikeda discloses a hydrogen sulfide adsorbent such as copper (II) silicate (see e.g., [0042] regarding adsorbents, [0043] regarding the adsorbents having adsorption capacity for hydrogen sulfide). Ikeda is equivalent analogous art and combinable to Aragaki because Ikeda similarly discloses the adsorbent is provided in similar thermoplastic resins such as polyolefin resins (see e.g., [0012]) wherein the application of the resin is in batteries (see e.g., [0050] regarding the application of the laminate used in an all-solid-state lithium battery). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the resin layer disclosed by Aragaki by providing a hydrogen sulfide adsorbent in the resin layer disclosed by Ikeda. One of ordinary skill in the art would have been motivated to make this modification in order to provide a resin layer with high adsorption performance for sulfide-based gases (see e.g., [0011]).
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Aragaki (JP-2016129105-A) (see translation), Nanjo (US-20150183204-A1) Kaita (WO-2018220954-A1) (see translation), and Ikeda (JP-2015089644-A) (see translation) as applied to claim 1 above, and in further view of Kimiduka (US-20160186005-A1).
Regarding claim 20, modified Aragaki teaches the terminal-coating resin film of claim 1. Aragaki does not explicitly disclose wherein the resin layer comprises the polyester-based resin in which the one or more glycol components are copolymerized with the two or more acid components. However, Kimiduka teaches a polyester-based resin which includes terephthalic acid, hydrogenated dimer acid, ethylene glycol, and butanediol (see e.g., Kimiduka; abstract), which overlaps with the claimed one or more glycol components copolymerized with the two or more acid components. Kimiduka is further analogous art because Kimiduka teaches the polyester-based resin applied to metal, such as for a metallic can (see e.g., Kimiduka; abstract). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have used the polyester-based resin comprising of glycol components copolymerized with the two acid components disclosed by Kimiduka as the polyester-based resin of Aragaki. One of ordinary skill in the art would have been motivated to make this selection to provide a film wherein film formability is good, film fracture (hairs) and scraping (galling) are not easily generated, and the metal surface will not be damaged (see e.g., Kimiduka; abstract).
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/KEVIN SONG/Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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