DETAILED ACTION
Claims 1-14 and 16-18 are presented for examination, wherein claims 1 and 6-7 are currently amended plus claims 6-7 are withdrawn. Claims 16 is cancelled.
The objections to claims 11 and 15 are withdrawn, as a result of the cancellation of claim 15.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-5, 8-14, and 16-18 are rejected under 35 U.S.C. 103 as being unpatentable over Kokuryo et al (US 2018/0076423).
Regarding newly amended independent claim 1, Kokuryo teaches a battery packaging material for use in a battery with an electrolytic solution, said battery packaging material having and excellent electrolytic solution resistance, high piercing strength, and excellent moldability,
wherein said battery packaging material comprises a laminate including at least the following components in the following order:
(i) a base material layer (e.g. item 1) serving as an outermost layer, wherein said base material layer may be composed of e.g. polyester resins, polyamide resins, and mixtures thereof, said resins providing reduced friction that improve moldability,
said base material layer may have a thickness of e.g. 3-75 µm;
(ii) a stainless steel foil (e.g. item 3) functioning as a barrier layer, wherein said stainless steel foil is preferably an austenitic stainless steel, with specific examples of e.g. SUS 304, SUS 301, and SUS 316L, preferably SUS 304,
wherein said stainless steel provides said packaging material with excellent electrolytic solution resistance, high piercing strength, and excellent moldability; and,
said stainless steel foil may have a thickness of 40 µm or less;
(iii) an adhesive layer (e.g. item 5) between said stainless steel foil (e.g. item 3) and a heat-sealable resin layer (e.g. item 4) for firmly bonding said stainless steel foil and said heat-sealable resin layer together,
said adhesive layer (e.g. item 5) may be preferably composed of e.g. polyester resin and further a polymerized curing agent provided to cure said polyester resin to increase the mechanical strength of said adhesive layer, wherein said curing agent may be e.g. one of a limited number of options, including polyfunctional isocyanate compounds, such as isophorone diisocyanate
said adhesive layer may have a thickness of e.g. 0.01-20 µm; and,
(iv) said heat-sealable resin layer (e.g. item 4) serving as an innermost layer,
wherein said heat-sealable resin layer (e.g. item 4) may be composed of polyester resin, such as polybutylene terephthalate, said polyester resin allowing said heat-sealable resin to bond with said adhesive layer (e.g. item 5) and heat-weld with itself so as to hermetically seal a battery element, and further a polyolefin resin component with properties as an elastomer included to improve the adhesive strength after heat-sealing and to prevent interlayer delamination after heat-sealing,
said heat-sealable resin layer may have a thickness of 10-120 μm or less
(e.g. ¶¶ 0001, 09-12, 41-45, 48-49, 69, 72, 83-86, 89-92, 95, 100, 103-108, 115-120, 155, and 161-169 plus e.g. Figure 3), reading on “exterior material,”
wherein the preamble limitation “for an all-solid-state battery” is interpreted as merely intended use and does not patentably distinguish the instant invention from the art, see also e.g. MPEP § 2111.02,
said battery packaging material comprising said laminate including at least the following components in the following order
(1) said base material layer (e.g. item 1) serving as said outermost layer;
(2) said stainless steel foil (e.g. item 3) functioning as said barrier layer;
(3) said adhesive layer (e.g. item 5) between said stainless steel foil (e.g. item 3) and said heat-sealable resin layer (e.g. item 4); and,
(4) said heat-sealable resin layer (e.g. item 4) serving as said innermost layer
(e.g. supra), reading on “a laminate including at least a base material layer, a barrier layer, an adhesive layer, and a heat-sealable resin layer in this order from outside,”
wherein said heat-sealable resin layer (e.g. item 4) may be composed of polyester resin, such as polybutylene terephthalate, said polyester resin allowing said heat-sealable resin to bond with said adhesive layer (e.g. item 5) and heat-weld with itself so as to hermetically seal a battery element, and further a polyolefin resin component with properties as an elastomer included to improve the adhesive strength after heat-sealing and to prevent interlayer delamination after heat-sealing (e.g. supra),
wherein it would have been obvious to a person of ordinary skill in the art to select said polybutylene terephthalate resin composition as the composition of said heat-sealable resin layer, since it is one of a limited number of express examples provided that are suitable for use in said heat-sealable resin layer, see also e.g. MPEP § 2143(I)(E), reading on “the heat-sealable resin layer being formed of a polybutylene terephthalate film;” and,
wherein said adhesive layer (e.g. item 5) may be preferably composed of e.g. polyester resin and further a polymerized curing agent provided to cure said polyester resin to increase the mechanical strength of said adhesive layer, wherein said curing agent may be e.g. one of a limited number of options, including polyfunctional isocyanate compounds, such as isophorone diisocyanate,
wherein it would have been obvious to a person of ordinary skill in the art to select said isophorone diisocyanate as said curing agent since it is since it is one of a limited number of express examples provided that are suitable for use in said adhesive layer, reading on “the adhesive layer being formed of a cured product of a resin composition containing at least one of polyester and polycarbonate and at least one of an alicyclic isocyanate compound and an aromatic isocyanate compound.”
Regarding the newly added limitation “a thickness of the heat-sealable resin layer is 25-150 µm,” Kokuryo teaches said heat-sealable resin layer may have said thickness of 10-120 μm or less (e.g. supra), establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on said newly added limitation.
Regarding the newly added limitation “a thickness of the adhesive layer is 0.5-20 µm,” Kokuryo teaches said adhesive layer may have said thickness of e.g. 0.01-20 µm (e.g. supra), establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on said newly added limitation.
A chart is compiled below to illustrate the disclosures in the instant application and the art, and is provided merely for ease of reference.
Claim 1 limitation:
Instant specification provides:
Art teaches:
Overlap:
Base material Layer:
Claimed composition
None
resins such as polyester, polyamide, polyolefin, epoxy resin, acrylic resin, fluororesin, polyurethane, silicone resin and phenol resin, modified products of these resins, mixtures thereof
(e.g. ¶78)
polyester resins, polyamide resins, and mixtures thereof
(e.g. ¶43)
polyester resins, polyamide resins, and mixtures thereof
Claimed thickness
None
about 3-50µm
(e.g. ¶90)
3-75 µm
(e.g. ¶54)
3-50µm
Barrier Layer:
Claimed composition
None
aluminum alloys, stainless steel, titanium steel and steel sheets, preferably austenitic stainless steel including SUS 304, SUS 301, and SUS 316L, wherein SUS 304 is especially preferable
(e.g. ¶¶ 104-108)
stainless steel, preferably austenitic stainless steel including SUS 304, SUS 301, SUS 316L, wherein SUS 304 is especially preferable
(e.g. ¶¶ 69-73)
stainless steel, preferably austenitic stainless steel including SUS 304, SUS 301, SUS 316L, wherein SUS 304 is especially preferable
Claimed thickness
None
about 9 to about 200 µm
(e.g. ¶109)
40 µm or less
(e.g. ¶72)
about 9-40 µm
Adhesive Layer:
Claimed composition
polyester and/or polycarbonate; plus, alicyclic isocyanate and/or aromatic isocyanate
specific example of the alicyclic isocyanate compound include isophorone diisocyanate
(¶159, see also claim 2)
polyester resin plus isophorone diisocyanate curing agent
(see supra)
polyester resin plus isophorone diisocyanate curing agent
Newly added claimed thickness
0.5-50 µm
0.1-50 µm, 0.5-50 µm
(e.g. ¶163)
about 0.01-20 μm
(e.g. ¶120)
0.5-20 µm
Sealant Layer:
Claimed composition
Polybutylene terephthalate
polybutylene terephthalate and a polyolefin resin component with properties as an elastomer
(see supra)
polybutylene terephthalate
Newly added claimed thickness
25-150 µm
25-150 µm
(e.g. ¶155)
10-120 µm
(e.g. ¶100)
25-120 µm
Regarding claim 2, Kokuryo teaches the battery packaging material of claim 1, wherein said adhesive layer (e.g. item 5) comprises said polyester resin and isophorone diisocyanate curing agent (e.g. supra), reading on “the alicyclic isocyanate compound contains isophorone diisocyanate.”
Regarding claims 3 and 8, Kokuryo teaches the battery packaging material of claims 1-2, wherein said battery packaging material comprises said laminate including at least the following in the following order:
(1) said base material layer (e.g. item 1) serving as said outermost layer, wherein said base material layer may be composed of e.g. polyester resins, polyamide resins, and mixtures thereof, said resins providing reduced friction that improve moldability, said base material layer may have said thickness of e.g. 3-75 µm;
(2) said stainless steel foil (e.g. item 3) functioning as said barrier layer, wherein said stainless steel foil is an austenitic stainless steel, with specific examples of e.g. SUS 304, SUS 301, and SUS 316L, preferably SUS 304, wherein said stainless steel provides said packaging material with excellent electrolytic solution resistance, high piercing strength, and excellent moldability; and, said stainless steel foil may have said thickness of 40 µm or less;
(3) said adhesive layer (e.g. item 5) between said stainless steel foil (e.g. item 3) and said heat-sealable resin layer (e.g. item 4) for firmly bonding said stainless steel foil and said heat-sealable resin layer together, said adhesive layer (e.g. item 5) may be preferably composed of e.g. polyester resin and further said polymerized curing agent provided to cure said polyester resin to increase the mechanical strength of said adhesive layer, wherein said curing agent may be e.g. isophorone diisocyanate, said adhesive layer may have said thickness of e.g. 0.01-20 µm; and,
(4) said heat-sealable resin layer (e.g. item 4) serving as said innermost layer, wherein said heat-sealable resin layer (e.g. item 4) may be composed of polyester resin, such as polybutylene terephthalate, said polyester resin allowing said heat-sealable resin to bond with said adhesive layer (e.g. item 5) and heat-weld with itself so as to hermetically seal said battery element, and further said polyolefin resin component with properties as said elastomer included to improve the adhesive strength after heat-sealing and to prevent interlayer delamination after heat-sealing, said heat-sealable resin layer may have a thickness of 10-120 μm
(e.g. supra), but does not expressly teach the limitation “a lamination strength between the barrier layer and the heat-sealable resin layer in an environment at 120° C. is 4.0 N/15 mm or more” (claims 3 and 8).
However, Kokuryo teaches a substantially identical battery packaging material (e.g. supra, compared with instant specification, at e.g. ¶¶ 0009-13, 78, 90, 109, 145-149, and 155-163), establishing a prima facie case of obviousness of the claimed limitation, see also e.g. MPEP § 2112.01.
Regarding claims 4 and 9-10, Kokuryo teaches the battery packaging material of claims 1-3, wherein said base material layer (e.g. item 1) may be composed of polyester resins, polyamide resins, and mixtures thereof (e.g. supra), reading on “the base material layer contains at least one of polyamide and polyester” (claims 4 and 9-10).
Regarding claims 5, 11-14, and 16-18, Kokuryo teaches the battery packaging material of claims 1-4 and 8-11, wherein said heat-sealable resin layer (e.g. item 4) may be composed of polyester resin, such as polybutylene terephthalate, and further said polyolefin with properties as said elastomer (e.g. supra), reading on “the polybutylene terephthalate film contains an elastomer (claims 5 and 11-18).
Response to Arguments
Applicant’s arguments filed January 16, 2026 have been fully considered but they are not persuasive.
First, the applicant alleges the following.
Here, the claimed heat-sealable resin layer (PBT) and the claimed adhesive layer provide unexpected results over Kokuryo.
For instance, Table 1 of the pending application demonstrates good results when the claimed combination is provided. In contrast, Comparative Examples 1 and 5 demonstrates poor results when PBT is not used for the heat-sealable resin layer. Further, Comparative Examples 2-4 and 6-7 demonstrates poor results when the claimed adhesive layer is not used. This is explained in more detail below.
The pending disclosure targets packaging material for all-solid-state batteries used under elevated temperature and pressure, where maintaining laminate strength and seal strength at high temperature (e.g., 120°C) is critical to suppress interfacial delamination. This is achieved by the claimed combination of the adhesive layer and heat-sealable resin layer. The examples demonstrate a clear performance gap shown in Table 1. For example, when only the heat-seal layer is changed from PBT to CPP, the laminate strength at 120°C drops (e.g., 6.0 vs 2.1 N/15 mm) and the seal strength at 120°C becomes unmeasurable in the comparative example, demonstrating a pronounced and unexpected effect attributable to the claimed combination. Also, even with the same PBT layer, changing the adhesive system significantly degrades performance, showing the adhesive composition is also critical.
This is unexpected over Kokuryo. For instance, with respect to the heat-sealable resin layer, Kokuryo teaches the heat-sealable resin layer can be formed of variety of components and only provides PBT as a single option amongst many. See Kokuryo at ¶¶ [0085]-[0087]. Moreover, it teaches tetrafluoroethylene (demonstrated in Comparative Example 7 of the pending application as providing inferior results). Thus, at least one other option of Kokuryo is demonstrated as providing inferior results.
Further, Kokuryo teaches no preference for the claimed heat-sealable resin layer, let alone a recognition that PBT provides superior properties. Accordingly, it is entirely unexpected that the specific claimed heat-sealable resin layer can provide superior results.
With respect to the adhesive layer, Kokuryo teaches the adhesive layer can be formed of a variety of different components and only provides polyester resins as a single option amongst many. See ¶¶ [0104]-[0105] of Kokuryo. Moreover, it teaches epoxy-based resins (demonstrated in Comparative Example 2 of the pending application as providing inferior results), acid-modified polyolefins (demonstrated in Comparative Example 3 of the pending application as providing inferior results), polyester resins (demonstrated in Comparative Example 4 of the pending application as providing inferior results), silicone based resins (demonstrated in Comparative Example 6 of the pending application as providing inferior results). Thus, the other options of Kokuryo are demonstrated as providing inferior results.
Further, Kokuryo teaches no preference for the claimed adhesive layer, let alone a recognition that it can provide superior properties. Accordingly, it is entirely unexpected that the specific claimed adhesive layer can provide superior results.
Further, Kokuryo does not teach or suggest the claimed high-temperature durability Kokuryo relates to liquid-electrolyte Li-ion batteries and does not teach/suggest maintaining laminate strength and seal strength at high temperatures such as 120°C, thus there is no reasonable expectation that Kokuryo's selections would achieve the Applicant’s results.
Thus, based on the teachings of Kokuryo, one of ordinary skill in the art would have no reason to expect that the claimed combination of the heat-sealable resin layer and the adhesive layer can provide superior adhesiveness.
By this Amendment, claim 1 is amended to recite a thickness of the heat-sealable resin layer as well as a thickness for the adhesive layer. Accordingly, the claims are even more commensurate in scope with the unexpected results.
(Remarks, at 5:5-7:5.)
In response, the examiner respectfully notes that the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
Further, a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill the art, including nonpreferred embodiments. Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments. See also MPEP § 2123.
Here, the art expressly teaches the combination of layers, compositions thicknesses of said layers, and advantages of said compositions of said layers provided for the same purpose as a battery packaging. As noted in the prior and instant Office actions, the art provides the following.
said battery packaging material comprising said laminate including at least the following components in the following order
(1) said base material layer (e.g. item 1) serving as said outermost layer;
(2) said stainless steel foil (e.g. item 3) functioning as said barrier layer;
(3) said adhesive layer (e.g. item 5) between said stainless steel foil (e.g. item 3) and said heat-sealable resin layer (e.g. item 4); and,
(4) said heat-sealable resin layer (e.g. item 4) serving as said innermost layer
(e.g. supra), reading on “a laminate including at least a base material layer, a barrier layer, an adhesive layer, and a heat-sealable resin layer in this order from outside,”
wherein said heat-sealable resin layer (e.g. item 4) may be composed of polyester resin, such as polybutylene terephthalate, said polyester resin allowing said heat-sealable resin to bond with said adhesive layer (e.g. item 5) and heat-weld with itself so as to hermetically seal a battery element, and further a polyolefin resin component with properties as an elastomer included to improve the adhesive strength after heat-sealing and to prevent interlayer delamination after heat-sealing (e.g. supra),
wherein it would have been obvious to a person of ordinary skill in the art to select said polybutylene terephthalate resin composition as the composition of said heat-sealable resin layer, since it is one of a limited number of express examples provided that are suitable for use in said heat-sealable resin layer, see also e.g. MPEP § 2143(I)(E), reading on “the heat-sealable resin layer being formed of a polybutylene terephthalate film;” and,
wherein said adhesive layer (e.g. item 5) may be preferably composed of e.g. polyester resin and further a polymerized curing agent provided to cure said polyester resin to increase the mechanical strength of said adhesive layer, wherein said curing agent may be e.g. one of a limited number of options, including polyfunctional isocyanate compounds, such as isophorone diisocyanate,
wherein it would have been obvious to a person of ordinary skill in the art to select said isophorone diisocyanate as said curing agent since it is since it is one of a limited number of express examples provided that are suitable for use in said adhesive layer, reading on “the adhesive layer being formed of a cured product of a resin composition containing at least one of polyester and polycarbonate and at least one of an alicyclic isocyanate compound and an aromatic isocyanate compound.”
(October 16, 2025 non-final Office action, at pp. 6-7, bolding in the original and bolded underlining added.)
After considering all of the evidence of record, the prima facie case of obviousness is respectfully maintained.
Conclusion
The art made of record and not relied upon is considered pertinent to applicant's disclosure.
Nakamura et al (US 2025/0219203),
Kagata et al (US 2025/0145868),
Kagata et al (US 2024/0380037),
Kim et al (US 2024/0106036),
Hiraki et al (US 2023/0369689),
Hiraki et al (US 2023/0361393),
Okano et al (US 2023/0198059),
Hiraki et al (US 2022/0355585),
Yasuda et al (US 2022/0281156),
Amano et al (US 2020/0403194),
Nagata et al (US 2019/0214611),
Yamashita et al (US 2016/0197318),
Douke et al (US 2015/0372263),
Minamitani (US 2015/0283790), and
Kang et al (US 2012/0183706).
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 YOSHITOSHI TAKEUCHI whose telephone number is (571)270-5828. The examiner can normally be reached M-F, 8-4.
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/YOSHITOSHI TAKEUCHI/Primary Examiner, Art Unit 1723