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 .
Examiner’s Comments
Applicants’ response filed on 11/6/2025 has been fully considered. Claims 11 is cancelled, claims 17-20 are new and claims 1-10 and 12-20 are pending.
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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 1-10 and 13-19 are rejected under 35 U.S.C. 103 as being unpatentable over Tsumori et al (WO 2018/097330 A1) in view of Hasuike et al (JP 2014-201613 A).
A machine translation is being used as the English translation for Hasuike et al (JP 2014-201613 A).
Regarding claim 1, Tsumori discloses a power storage device packaging material (packaging material for batteries; paragraph [0001]) comprising: at least a substrate layer (base layer #1 in Fig. 1 including a polyamide film layer #12; Fig. 1 #1 and #12; paragraphs [0017]-[0018]); an outer adhesive layer (adhesive layer; Fig. 1 #2; paragraph [0017]); a barrier layer (Fig. 1 #3; paragraph [0017]); and a sealant layer in this order (heat-sealable resin layer; Fig. 1 #4; paragraph [0017]).
Tsumori does not disclose the power storage packaging material comprising the substrate layer being a semi-aromatic polyamide film obtained by polymerizing a dicarboxylic acid component comprising an aromatic ring with an aliphatic diamine component selected from 1,10-decanediamine; 1,11-undecanediamine and 1,12-dodecanediamine.
However, Hasuike discloses a semi-aromatic polyamide obtained by polymerizing a dicarboxylic acid component comprising an aromatic ring with an aliphatic diamine component selected from 1,10-decanediamine; 1,11-undecanediamine and 1,12-dodecanediamine (pgs. 2-3 of Hasuike translation).
Since the polyamide film layer #12 of Tsumori is biaxially stretched and the semi-aromatic polyamide of Hasuike is obtained by polymerizing a dicarboxylic acid component comprising an aromatic ring with an aliphatic diamine component selected from 1,10-decanediamine; 1,11-undecanediamine and 1,12-dodecanediamine acid, which are the same as the diamine component and the dicarboxylic acid components in paragraphs [0072]-[0075] of Applicant’s Specification and the barrier layer of Tsumori comprises an aluminum foil, which is the same as the material of the barrier layer in paragraph [0025] of Applicant’s Specification; the packaging material of Tsumori and Hasuike would inherently have a difference in linear expansion coefficient between the substrate layer and the barrier layer of 20 x 10--6/°C or less in both an MD direction and a TD direction as paragraph [0025] of Applicant’s Specification states that the difference in linear expansion coefficient in both an MD direction and a TD direction can be small when the barrier layer is aluminum foil and the substrate layer is a biaxially stretched semi-aromatic polyamide.
It would have been obvious to one of ordinary skill in the art to modify the power storage device packaging material of Tsumori to substitute the polyamide in the polyamide film layer of Tsumori for the semi-aromatic polyamide of Hasuike because having a semi-aromatic polyamide obtained by polymerizing a dicarboxylic acid component comprising an aromatic ring with a linear aliphatic diamine component such as 1,10-decanediamine; 1,11-undecanediamine or 1,12-dodecanediamine provides a semi-aromatic polyamide film excellent in both low water absorption and heat resistance (pg. 3 of Hasuike translation).
Regarding claim 2, Tsumori and Hasuike disclose the power storage device packaging material of claim 1 as noted above.
Since the polyamide film layer #12 of Tsumori is biaxially stretched and the semi-aromatic polyamide of Hasuike is obtained by polymerizing a dicarboxylic acid component comprising an aromatic ring with an aliphatic diamine component selected from 1,10-decanediamine; 1,11-undecanediamine and 1,12-dodecanediamine acid, which are the same as the diamine component and the dicarboxylic acid components in paragraphs [0072]-[0075] of Applicant’s Specification; the substrate layer of Tsumori and Hasuike would inherently have a linear expansion coefficient at 20 to 150 °C of the substrate layer to be -7 x 10-6/°C or more and 53 x 10-6/°C or less in both an MD direction and a TD direction.
Regarding claim 3, Tsumori discloses a power storage device packaging material (packaging material for batteries; paragraph [0001]) comprising: at least a substrate layer (a polyamide film layer #12; Fig. 1 #12; paragraphs [0017]-[0018]); an outer adhesive layer (adhesive layer; Fig. 1 #2; paragraph [0017]); a barrier layer (Fig. 1 #3; paragraph [0017]); and a sealant layer in this order (heat-sealable resin layer; Fig. 1 #4; paragraph [0017]) and the substrate is a single-layer structure (a polyamide film layer #12; Fig. 1 #12; paragraphs [0017]-[0018]).
Tsumori does not disclose the power storage packaging material comprising the substrate layer being a semi-aromatic polyamide film obtained by polymerizing a dicarboxylic acid component comprising an aromatic ring with an aliphatic diamine component selected from 1,10-decanediamine; 1,11-undecanediamine and 1,12-dodecanediamine.
However, Hasuike discloses a semi-aromatic polyamide obtained by polymerizing a dicarboxylic acid component comprising an aromatic ring with an aliphatic diamine component selected from 1,10-decanediamine; 1,11-undecanediamine and 1,12-dodecanediamine (pgs. 2-3 of Hasuike translation).
Since the polyamide film layer #12 of Tsumori is biaxially stretched and the semi-aromatic polyamide of Hasuike is obtained by polymerizing a dicarboxylic acid component comprising an aromatic ring with an aliphatic diamine component selected from 1,10-decanediamine; 1,11-undecanediamine and 1,12-dodecanediamine acid, which are the same as the diamine component and the dicarboxylic acid components in paragraphs [0072]-[0075] of Applicant’s Specification and the barrier layer of Tsumori comprises an aluminum foil, which is the same as the material of the barrier layer in paragraph [0025] of Applicant’s Specification; the packaging material of Tsumori and Hasuike would inherently have an amount of elongation of a sample in an MD direction and an amount of elongation of the sample in a TD direction both being 3 mm or less when the sample with a length of 20 mm and a width of 10 mm is prepared from the substrate layer and the sample is subjected to a creep test in which a constant load of 5 N is continuously applied to the sample in a 150 °C environment for 3 hours.
It would have been obvious to one of ordinary skill in the art to modify the power storage device packaging material of Tsumori to substitute the polyamide in the polyamide film layer of Tsumori for the semi-aromatic polyamide of Hasuike because having a semi-aromatic polyamide obtained by polymerizing a dicarboxylic acid component comprising an aromatic ring with a linear aliphatic diamine component such as 1,10-decanediamine; 1,11-undecanediamine or 1,12-dodecanediamine provides a semi-aromatic polyamide film excellent in both low water absorption and heat resistance (pg. 3 of Hasuike translation).
Regarding claim 4, Tsumori and Hasuike disclose the power storage device packaging material of claim 3 as noted above.
Tsumori discloses the packaging material comprising the polyamide film layer comprising a polyamide comprising hexamethylenediamine-isophthalic acid-terephthalic acid (paragraph [0036]) and wherein the polyamide film layer is a biaxially stretched polyamide (paragraph [0038]).
Since the polyamide film layer #12 of Tsumori is biaxially stretched and the semi-aromatic polyamide of Hasuike is obtained by polymerizing a dicarboxylic acid component comprising an aromatic ring with an aliphatic diamine component selected from 1,10-decanediamine; 1,11-undecanediamine and 1,12-dodecanediamine acid, which are the same as the diamine component and the dicarboxylic acid components in paragraphs [0072]-[0075] of Applicant’s Specification and the barrier layer of Tsumori comprises an aluminum foil, which is the same as the material of the barrier layer in paragraph [0025] of Applicant’s Specification; the packaging material of Tsumori and Hasuike would inherently have a difference between the amount of elongation of the sample in an MD direction and an amount of elongation of the sample in a TD direction being 2 mm or less.
Regarding claim 5, Tsumori discloses a power storage device packaging material (packaging material for batteries; paragraph [0001]) comprising: at least a substrate layer (base layer #1 in Fig. 1 including a polyamide film layer #12; Fig. 1 #1 and #12; paragraphs [0017]-[0018]); an outer adhesive layer (adhesive layer; Fig. 1 #2; paragraph [0017]); a barrier layer (Fig. 1 #3; paragraph [0017]); and a sealant layer in this order (heat-sealable resin layer; Fig. 1 #4; paragraph [0017]).
Tsumori does not disclose the power storage packaging material comprising the substrate layer being a semi-aromatic polyamide film obtained by polymerizing a dicarboxylic acid component comprising an aromatic ring with an aliphatic diamine component selected from 1,10-decanediamine; 1,11-undecanediamine and 1,12-dodecanediamine.
However, Hasuike discloses a semi-aromatic polyamide obtained by polymerizing a dicarboxylic acid component comprising an aromatic ring with an aliphatic diamine component selected from 1,10-decanediamine; 1,11-undecanediamine and 1,12-dodecanediamine (pgs. 2-3 of Hasuike translation).
Since the polyamide film layer #12 of Tsumori is biaxially stretched and the semi-aromatic polyamide of Hasuike is obtained by polymerizing a dicarboxylic acid component comprising an aromatic ring with an aliphatic diamine component selected from 1,10-decanediamine; 1,11-undecanediamine and 1,12-dodecanediamine acid, which are the same as the diamine component and the dicarboxylic acid components in paragraphs [0072]-[0075] of Applicant’s Specification and the barrier layer of Tsumori comprises an aluminum foil, which is the same as the material of the barrier layer in paragraph [0025] of Applicant’s Specification; the packaging material of Tsumori and Hasuike would inherently have a ratio between a volume resistivity in a 23 °C environment and a volume resistivity in an 150 °C environment of the substrate layer being from 1 x 100 to 1 x 103.
It would have been obvious to one of ordinary skill in the art to modify the power storage device packaging material of Tsumori to substitute the polyamide in the polyamide film layer of Tsumori for the semi-aromatic polyamide of Hasuike because having a semi-aromatic polyamide obtained by polymerizing a dicarboxylic acid component comprising an aromatic ring with a linear aliphatic diamine component such as 1,10-decanediamine; 1,11-undecanediamine or 1,12-dodecanediamine provides a semi-aromatic polyamide film excellent in both low water absorption and heat resistance (pg. 3 of Hasuike translation).
Regarding claim 6, Tsumori and Hasuike disclose the power storage device packaging material of claim 1 as noted above.
Since the polyamide film layer #12 of Tsumori is biaxially stretched and the semi-aromatic polyamide of Hasuike is obtained by polymerizing a dicarboxylic acid component comprising an aromatic ring with an aliphatic diamine component selected from 1,10-decanediamine; 1,11-undecanediamine and 1,12-dodecanediamine acid, which are the same as the diamine component and the dicarboxylic acid components in paragraphs [0072]-[0075] of Applicant’s Specification; the substrate layer of Tsumori and Hasuike would inherently have a volume resistivity in a 23 °C environment of the substrate layer being 1 x 1013 Ω-m or more.
Regarding claim 7, Tsumori and Hasuike disclose the power storage device packaging material of claim 1 as noted above.
Since the polyamide film layer #12 of Tsumori is biaxially stretched and the semi-aromatic polyamide of Hasuike is obtained by polymerizing a dicarboxylic acid component comprising an aromatic ring with an aliphatic diamine component selected from 1,10-decanediamine; 1,11-undecanediamine and 1,12-dodecanediamine acid, which are the same as the diamine component and the dicarboxylic acid components in paragraphs [0072]-[0075] of Applicant’s Specification; the substrate layer of Tsumori and Hasuike would inherently have a volume resistivity in a 150 °C environment of the substrate layer being 1 x 1012 Ω-m or more.
Regarding claim 8, Tsumori and Hasuike disclose the power storage device packaging material of claim 1 as noted above and Tsumori discloses the power storage device packaging material comprising the substrate having a thickness of (the polyamide film layer has a thickness of 20 µm or less (paragraph [0035]).
Since the polyamide film layer #12 of Tsumori is biaxially stretched and the semi-aromatic polyamide of Hasuike is obtained by polymerizing a dicarboxylic acid component comprising an aromatic ring with an aliphatic diamine component selected from 1,10-decanediamine; 1,11-undecanediamine and 1,12-dodecanediamine acid, which are the same as the diamine component and the dicarboxylic acid components in paragraphs [0072]-[0075] of Applicant’s Specification; the substrate layer of Tsumori and Hasuike would inherently have a value obtained by multiplying the volume resistivity in a 150 °C environment of the substrate layer by the thickness of the substrate layer of 5 x 1013 Ω-m or more.
Regarding claim 9, Tsumori and Hasuike disclose the power storage device packaging material of claim 5 as noted above and Tsumori discloses the power storage device packaging material comprising the barrier layer comprising an aluminum foil (paragraph [0062]).
Regarding claim 10, Tsumori and Hasuike disclose the power storage device packaging material of claim 1 as noted above and Tsumori discloses the power storage device packaging material comprising the substrate layer being a biaxially stretched film (the polyamide film layer is a biaxially stretched polyamide; paragraph [0038])
Regarding claim 13, Tsumori and Hasuike disclose the power storage device packaging material of claim 1 as noted above and Tsumori discloses the power storage device packaging material comprising the outer adhesive layer having a thickness from about 1 to 10 µm (adhesive layer having a thickness from about 1 to 10 µm; Fig. 1 #3; paragraph [0061])
Regarding claim 14, Tsumori and Hasuike disclose the power storage device packaging material of claim 1 as noted above and Tsumori discloses the power storage device packaging material being for batteries (paragraph [0001]).
The packaging material of Tsumori being used for a solid state battery is an intended use limitation.
Regarding claim 15, Tsumori disclose a power storage device (battery; paragraph [0119]) comprising a power storage device body (battery element; paragraph [0119]), a current output terminal that extends from the power storage device body (metal terminals connected to each of the positive electrode and the negative electrode; paragraph [0120]) and a power storage packaging material (packaging material; paragraph [0119]); wherein the power storage device packaging material sandwiching the current output terminal and housing the power storage device body (battery element and the metal terminals are covered with the packaging material; paragraph [0119]) and wherein the packaging material is the packaging material of Tsumori in view of Hasuike as noted above (paragraph [0119]).
Regarding claim 16, Tsumori disclose the power storage device of claim 15 as noted above and Tsumori discloses the power storage device being an all-solid-state battery (silver-oxide zinc battery; paragraph [0121]).
Regarding claim 17, Tsumori and Hasuike disclose the power storage packaging material of claim 1 as noted above and Tsumori discloses the substrate layer being an outermost layer of the packaging material (base layer #1 in Fig. 1 including a polyamide film layer #12; Fig. 1 #1 and #12; paragraphs [0017]-[0018]).
Regarding claim 18, Tsumori and Hasuike disclose the power storage packaging material of claim 3 as noted above and Tsumori discloses the substrate layer being an outermost layer of the packaging material (base layer #1 in Fig. 1 including a polyamide film layer #12; Fig. 1 #1 and #12; paragraphs [0017]-[0018]).
Regarding claim 19, Tsumori and Hasuike disclose the power storage packaging material of claim 5 as noted above and Tsumori discloses the substrate layer being an outermost layer of the packaging material (base layer #1 in Fig. 1 is an outermost layer and includes a polyamide film layer #12; Fig. 1 #1 and #12; paragraphs [0017]-[0018]).
Claims 12 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Tsumori et al (WO 2018/097330 A1) in further view of Hatta et al (US 2010/0040942 A1).
Regarding claim 12, Tsumori and Hasuike disclose the power storage packaging material of claim 5 as noted above.
Tsumori and Hasuike do not disclose the power storage packaging material comprising the outer adhesive layer being a layer composed of a polyester urethane adhesive.
However, Hatta discloses a laminate packaging material comprising an outer adhesive layer being a layer composed of a polyester urethane adhesive (adhesive layer between a base film and a metallic foil and wherein the adhesive layer comprises a polyester-urethane series; Fig. 1 #3; paragraph [0069]).
It would have been obvious to one of ordinary skill in the art to modify the power storage packaging material of Tsumori and Hatta to include the polyester-urethane series adhesive of Hatta for the adhesive layer of Tsumori because having the required adhesive provides the desired adhesion between a base film and a metallic foil.
Regarding claim 20, Tsumori and Hasuike disclose the power storage packaging material of claim 5 as noted above and Tsumori discloses the power storage packaging material comprising the barrier layer comprising an aluminum foil (paragraph [0062]), the sealant layer being a resin film composed of a polyolefin film (heat-fusible resin layer comprises a polyolefin; paragraph [0087])
Tsumori does not disclose the power storage packaging material comprising a glass transition of the substrate layer being 100 °C or more.
However, Hasuike discloses the power storage packaging material comprising a glass transition of the substrate layer being 80 °C or more and 200 °C or less.
The glass transition temperature of the semi-aromatic polyamide of Hasuike overlaps the claimed range of the glass transition of the substrate layer.
It would have been obvious to one of ordinary skill in the art to select any portion of the disclosed ranges including the instantly claimed ranges from the ranges disclosed in the prior art reference in order to have a film with excellent heat resistance (pg. 4 of Hasuike translation). It has been held that “[i]n the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists.” Please see MPEP 2144.05, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); and In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Since the polyamide film layer #12 of Tsumori is biaxially stretched and the semi-aromatic polyamide of Hasuike is obtained by polymerizing a dicarboxylic acid component comprising an aromatic ring with an aliphatic diamine component selected from 1,10-decanediamine; 1,11-undecanediamine and 1,12-dodecanediamine acid, which are the same as the diamine component and the dicarboxylic acid components in paragraphs [0072]-[0075] of Applicant’s Specification; the packaging material of Tsumori and Hasuike would inherently have a volume resistivity in a 23 °C environment of the substrate layer being 1 x 1013 Ω-m or more and a volume resistivity in a 150 °C environment of the substrate layer being 1 x 100 Ω-m or more.
Tsumori does not disclose the power storage packaging material comprising the outer adhesive layer being a layer composed of a polyester urethane adhesive.
However, Hatta discloses a laminate packaging material comprising an outer adhesive layer being a layer composed of a polyester urethane adhesive (adhesive layer between a base film and a metallic foil and wherein the adhesive layer comprises a polyester-urethane series; Fig. 1 #3; paragraph [0069]).
It would have been obvious to one of ordinary skill in the art to modify the power storage packaging material of Tsumori and Hatta to include the polyester-urethane series adhesive of Hatta for the adhesive layer of Tsumori because having the required adhesive provides the desired adhesion between a base film and a metallic foil.
Response to Arguments
Applicant’s arguments with respect to claims 1, 3 and 5 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.
Applicants argue that Tsumori does not disclose the polyamide film in amended claims 1, 3 and 5.
This argument is moot as Tsumori does not disclose the polyamide film in amended claims 1, 3 and 5. Therefore, the previous rejections have been withdrawn. However, new grounds of rejection have been noted above.
Applicant's arguments filed 11/6/2025 have been fully considered but they are not persuasive.
Hatta does not cure the deficiencies of Tsumori.
This argument is not persuasive as Hatta is a teaching reference used to teach a polyester-urethane series adhesive.
However, note that while Hatta does not disclose all the features of the present claimed invention, Hatta is a teaching reference, and therefore, it is not necessary for this secondary reference to contain all the features of the presently claimed invention, In re Nievelt, 482 F.2d 965, 179 USPQ 224, 226 (CCPA 1973), In re Keller 624 F.2d 413, 208 USPQ 871, 881 (CCPA 1981). Rather this reference teaches certain concepts, namely a polyester-urethane series adhesive, and in combination with the primary reference, discloses the presently claimed invention.
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.
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/SATHAVARAM I REDDY/Examiner, Art Unit 1785