DETAILED CORRESPONDENCE
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
Applicant’s amendment, filed 10/15/2025, ahs been entered. Claim 1 has been amended. Claims 1-19 are now pending in this application.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-9 and 11-19 rejected under 35 U.S.C. 103 as being unpatentable over Kepler (US20160344004A1) in view of Joon (KR101296616B1) (refer to enclosed translations for citations).
Regarding claim 1,
Kepler teaches a secondary battery [0027-0028] comprising:
an electrode assembly (Fig. 9a, central rectangle within pouch);
a pouch (Fig. 9a, pouch surrounding electrode assembly; [0027]),
the electrode assembly (Fig. 9a, rectangular center of pouch) being accommodated within the pouch (see Fig. 9a, pouch accommodating electrode assembly; [0027]);
a first adhesive material which is configured to seal the gas discharge part through an adhesive force ([0041], “adhesion between package material and heating element”, [0063], wherein “delamination” demonstrates the sealing in laminated, such that there must be an adhesive material securing adhesion between the sealed edge of the top and bottom portions of the pouch)
wherein; when a pressure within the pouch increases above a set pressure; the adhesive force of the first adhesive material is broken to open the gas discharge part to form an opened gas discharge part ([0028], “delaminate, or be pulled apart under pressure”, [0041-0042]);
Kepler fails to teach wherein a self-restoring adhesive member including a capsule containing a second adhesive material , the capsule configured to rupture upon a widening of the gas discharge part and release the second adhesive material -such that the second adhesive material flows out and polymerizes to reseal the opened gas discharge part through adhesive force without application of external heat or external pressure.
Joon teaches a self-restoring [0001] adhesive member (Fig. 3, self-healing layer made of epoxy, which is a type of adhesive; see [0006], “The polymeric matrix is not limited … For example… epoxy polymers”) including a capsule (Fig. 3, capsules 170/180) containing a second adhesive material ([0066], monomer capsule…for polymerization; thus the second material acts as an adhesive upon polymerizing and is thus an adhesive), the capsule configured to rupture ([0066], “when cracks are generated…capsules…are broken”). It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to substitute the first adhesive of Kepler with the self-healing adhesive of Joon, as the self-healing layer of Joon can prevent submersion and short circuit due to cracking, contributing to durability, as well as in order to simplify the sealing process of Joon, such that no application of external heat or pressure is required for resealing. Accordingly, Kepler in view of Joon teaches upon a widening of the gas discharge part (Kepler, [0028], “delaminate, or be pulled apart under pressure”, [0041-0042]) and release the second adhesive material (Joon, wherein Joon teaches any cracking causes capsules to break such that operation of Kepler initiates the healing process)-such that the second adhesive material flows out and polymerizes to reseal the opened gas discharge part through adhesive force without application of external heat or external pressure.
Regarding claim 2,
Kepler in view of Joon teaches the secondary battery of claim 1 (see rejection of claim 1 above), wherein the pouch comprises:
a first case (Fig. 9b, top cup of pouch); with a first accommodation surface configured to accommodate a first end of the electrode assembly (Fig. 9b, rectangular shaped cell inside pouch),
a first unsealing surface (Fig. 9b, surface around 6) disposed on a portion of an edge of the first accommodation surface (Fig. 9b, wherein top cup of pouch accommodating the electrode assembly has an unsealing surface along its edge),
and a first sealing surface disposed on a remaining portion of the edge of the first accommodation surface (wherein the delamination is local to the seal around the heating element [0027] such that the remaining portion of the edge of the first accommodation portion remains sealed (see Fig. 3, sealing surfaces far from 6 along the same edge);
and a second case provided with a second accommodation surface configured to accommodate a second end opposite the first end of the electrode assembly (Fig. 9b, bottom half of pouch),
a second unsealing surface disposed on a portion of an edge of the second accommodation surface (Fig. 9b, unsealing surface disposed on a portion of an edge of the bottom half of 2),
and a second sealing surface disposed on a remaining portion of the edge of the second accommodation surface ([0027], wherein the delamination is local to heating element 6, such that portions of the bottom half of the pouch far from 6 remain sealed)
wherein the gas discharge part is formed between the first unsealing surface and the second unsealing surface (Fig. 3, 6; [0063]),
the first adhesive material is being disposed between the first unsealing surface and the second unsealing surface ([0041], “adhesion”, [0063], wherein “delamination” demonstrates the sealing in laminated, such that there must be an adhesive material between the sealed edge of the top and bottom portions of the pouch),
and the first unsealing surface and the second unsealing surface being configured to adhere to each other to seal the gas discharge part [0041],
wherein, when the pressure within the pouch increases above the set pressure, adhesive force between the first unsealing surface and the second unsealing surface is broken to open the gas discharge part (Fig. 9, gas discharge pathway melted by heating element 6; [0053-0054]),
wherein the self-restoring adhesive member to adhere between the first unsealing surface and the second unsealing surface by the first adhesive material [0054-0056.
wherein when a gap between the first unsealing surface and the second unsealing surface is widened by a gas discharged through the gas discharge part (Fig. 3, wherein 6 widens the gap between the sealing surfaces; [0027], “seal around the heating element, opening a pathway for gas release”)
As discussed in the rejection of claim 1 above, modified Kepler teaches healing cracks in the laminate by the self-healing capsules breaking open (Joon, [0006]). Joon teaches the capsules to contain initiator and monomers such that cracks are healed via polymerization [0006], wherein the resultant polymerization thus functions as adhesive. Therefore, Keppler modified by Joon (see rejection of claim 1 above) also teaches wherein the capsule separates to allow the second adhesive material to flow out (Joon, such that the first unsealing surface and the second unsealing surface adhere again to each other by the second adhesive material polymerizing with itself (Joon, [0006], see rejection of claim 1 above).
Regarding claim 3,
Kepler in view of Joon teaches the secondary battery of claim 1 (see rejection of claim 1 above), wherein the pouch comprises:
a first case with a first accommodation surface to accommodate a first end of the electrode assembly and a first sealing surface disposed on an edge of the first accommodation surface (Fig. 9, top cup of pouch, sealing surface along edge);
and a second case with a second accommodation surface to accommodate a second end opposite the first end of the electrode assembly and a second sealing surface disposed on an edge of the second accommodation surface (Fig. 9b, bottom surface of pouch, sealing surface along edge),
wherein the gas discharge part includes a discharge port formed on the first accommodation surface or the second accommodation surface and an opening-/closing surface configured to block the discharge portion in a state when one end of the opening-/closing surface is connected to the first accommodation surface or the second accommodation surface, the first adhesive material configured to allows an inner circumferential surface of the discharge port and an outer circumferential surface of the opening-/closing surface to adhere to each other to seal the gas discharge part (Fig. 9b, gas discharge pathway, wherein the heating element 6 is rectangular such that it forms two circumferential surfaces after delamination during degassing; [0027], “delaminate the seal around the heating element, opening a pathway for gas release” wherein lamination means there must be an adhesive material between the two pouch layers),
wherein, when the pressure of the pouch increases; the adhesive force between the inner circumferential surface of the discharge port and the outer circumferential surface of the opening/closing surface is broken to open the gas discharge part [0053-0054],
the self-restoring adhesive member including a second adhesive material and a capsule, the second adhesive material being embedded in the capsule -and configured to adhere between the inner circumferential surface of the discharge port and the outer circumferential surface of the opening/closing surface by the first adhesive material (see rejection of claim 2 above),
wherein, when a gap between the inner circumferential surface of the discharge port and the outer circumferential surface of the opening/closing surface is widened by the gas discharged to the gas discharge part- the capsule separates to allow the second adhesive material to flow out such that the inner circumferential surface of the discharge port and the outer circumferential surface of the opening-closing surface adhere again to each other by the second adhesive material (see rejection of claim 2 above).
Regarding claim 4,
Kepler in view of Joon teaches the secondary battery of claim 2 (see rejection of claim 2 above), wherein the self-restoring adhesive member is provided in plurality, and the plurality of self-restoring adhesive members are dispersed throughout the first adhesive material (Joon, Fig. 3, wherein 170 and 180 are dispersed throughout matrix 161 and 162, such that it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to have the capsules similarly dispersed when the first adhesive of Kepler is used as the matrix for the self-healing particles of Joon, see rejection of claim 1 above).
Regarding claim 5,
Kepler in view of Joon teaches the secondary battery of claim 4 (see rejection of claim 4 above), wherein a space between the plurality of self-restoring adhesive members adheres to be sealed by the first adhesive material (Kepler, Fig. 9a, wherein the pouch edges are laminated by the first adhesive material, and the plurality of self-restoring adhesive members are placed within the first adhesive material as discussed in the rejection of claim 1 above).
Regarding claim 6,
Kepler in view of Joon teaches the secondary battery of claim 2 (see rejection of claim 2 above), but fails to teach wherein the first adhesive material is provided as an epoxy resin adhesive. However, Joon teaches that the polymeric matrix which holds plurality of self-restoring adhesive members can be made with epoxy [0006], such that it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to have wherein the first adhesive material is provided as an epoxy resin adhesive as Joon teaches the embodiment thereof as an acceptable embodiment within the art.
Regarding claim 7,
Kepler in view of Joon teaches the secondary battery of claim 6 (see rejection of claim 6 above), but Kepler fails to specify the type of adhesive used in the lamination. However, Joon teaches the adhesive polymerization formed from the capsules is the same material as the matrix such that damage to the matrix, and thus the adhesive of modified Kepler, can be healed through polymerization of the same materials. Therefore, that it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to have wherein the second adhesive material is provided as the same material as the first adhesive material in order to enable the self-healing advantages of Joon, improving the safety of the device.
Regarding claim 8,
Kepler in view of Joon teaches the secondary battery of claim 2 (see rejection of claim 2 above), wherein, as stated in the rejection of claim 1 above, the first adhesive material is intended for delamination ([0041], “adhesion”, [0063], “delamination”) such that the adhered state is intended to be reversible and thus weaker, wherein the second adhesive material joins damaged surfaces together via polymerization such that the material is integrated as one via strong covalent bonds. Therefore, while not explicitly stated in the reference, it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention that in modified Kepler, the first adhesive material has a first adhesive strength, the first adhesive strength being less than a second adhesive strength between the first sealing surface and the second sealing surface because the second adhesive material polymerizes the two materials together, forming covalent bonds, while the first adhesive is intended for delamination.
Regarding claim 9,
Kepler in view of Joon teaches the secondary battery of claim 1 (see rejection of claim 1 above), wherein the gas discharge part is formed on a pouch including an electrode tab in the electrode assembly (Fig, 3 wherein 6 is formed in pouch including an electrode tab in the electrode assembly depicted in Fig. 5 and 7).
Regarding claim 11,
Kepler in view of Joon teaches secondary battery of claim 2 (see rejection of claim 2 above), wherein the pouch includes an elastic member configured to provide elastic force such that the first unsealing surface and the second unsealing surface are biased to remain in close contact with each other (Fig. 9c, spring above 15; [0064], wherein the spring is an elastic member configured to provide elastic force such that the first unsealing surface and the second unsealing surface are biased to remain in close contact with each other, providing resistance to the pressure being applied by the ballooning pouch cell unit [0058] and ensuring contact between the unsealing surfaces for resealing to take place [0064]. While the elastic member of Kepler is not within the pouch, neither is the elastic member of the instant application (see Fig. 7, 160 of the instant application). Additionally, the spring is attached to the pouch via 15 (see Fig. 9b), and is integral to functioning of the pouch such that the pouch includes the spring.
Regarding claim 12,
Kepler in view of Joon teaches the secondary battery of claim 3 (see rejection of claim 3 above), wherein the pouch includes an elastic member configured to provide elastic force such that the discharge port is blocked by the opening/closing surface (Fig. 9c, wherein the spring provides an elastic force such that the discharge port (Fig. 9b, port between sealing surfaces) is closed.
Regarding claim 13,
Kepler in view of Joon teaches the secondary battery of claim 2 (see rejection of claim 2 above), wherein the capsule is made of a thermoplastic resin ([0006], “The above-mentioned capsules may be any one or more selected from the group consisting of polypropylene, polyethylene”), wherein polypropylene and polyethylene are a type of thermoplastic resin and wherein the capsule has a diameter of 3 µm to 5 µm ([0006], “the diameter of the capsule may be 50 to 5000 nm”, wherein .05 to 5 µm overlaps with and thus obviates the claimed range). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. See MPEP § 2144.05.I.
Regarding claim 14,
Kepler in view of Joon teaches secondary battery of claim 3 (see rejection of claim 3 above), wherein the self-restoring adhesive member is provided in plurality, and the plurality of self-restoring adhesive members are dispersed throughout the first adhesive material (see rejection of claim 4 above).
Regarding claim 15,
Kepler in view of Joon teaches the secondary battery of claim 14 (see rejection of claim 14 above), wherein a space between the plurality of self- restoring adhesive members adheres to be sealed by the first adhesive material (see rejection of claim 5 above).
Regarding claim 16,
Kepler in view of Joon teaches the secondary battery of claim 3 (see rejection of claim 3 above), wherein the first adhesive material is provided as an epoxy resin adhesive (see rejection of claim 6 above).
Regarding claim 17,
Kepler in view of Joon teaches secondary battery of claim 16 (see rejection of claim 16 above), wherein the second adhesive material is provided as the same material as the first adhesive material (see rejection of claim 7 above).
Regarding claim 18,
Kepler in view of Joon teaches the secondary battery of claim 3 (see rejection of claim 3 above), wherein the first adhesive material has a first adhesive strength, the first adhesive strength being less than a second adhesive strength between the first sealing surface and the second sealing surface (see rejection of claim 8 above).
Regarding claim 19,
Kepler in view of Joon teaches the secondary battery of claim 3 (see rejection of claim 3 above), wherein the capsule is made of a thermoplastic resin material and has a diameter of 3 um to 5 um (see rejection of claim 19 above).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Kepler (US20160344004A1) in view of Joon (KR101296616B1) and Yang (KR20150034498A) (refer to enclosed translations for citations).
Regarding claim 10,
Kepler in view of Joon teaches the secondary battery of claim 3 (see rejection of claim 3 above), a through hole (Fig. 3, the gap between the laminate that is occupied by 6 before melting/gas pushing it open; [0027]) having a size less than that of the discharge port (Fig. 9, pathway pushed open by gas; [0027] wherein the discharge port is the pathway for release formed by melting and delaminating the seal,) is formed in an inner surface of an accommodation part, the discharge port being formed in the accommodation part (Fig. 9b, wherein discharge port extends into the inner surface of the accommodation part), but fails to teach an insulator configured to support the opening-/closing surface is attached on the inner surface of the accommodation part. However, Yang teaches an insulator (Fig. 7, vent cover 16, the same material as the pouch, which comprises insulating polypropylene at the top [0027] and more insulator at the sides [0069]) configured to support the vent portion H and is attached on the inner surface of the accommodation part a vent cover (Fig. 7, 16) to better seal the venting hole H [0068]. Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to apply the insulator configured to support the venting hole of Yang to the opening/closing surface is attached on the inner surface of the accommodation part of modified Kepler in order to better seal the opening/closing surface before melting.
Response to Arguments
Applicant's arguments filed 10/15/2025 have been fully considered but they are not persuasive.
Applicant argues that modifying Kepler with Joon requires hindsight reconstruction because no example of self-restoring adhesive is seen in releasable vent members. However, this is not persuasive, as Joon directly solves a problem in Kepler, deformation caused by venting, allowing for a simplified releasing process. Thus, applying self-storing adhesive to a resealable vent is obvious.
Applicant argues that all other claims should be allowed due to allowable independent claims. However, the rejections on all claims have been sustained.
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 PAUL WYROUGH whose telephone number is (571)272-4806. The examiner can normally be reached on Monday-Friday 10am-5pm.
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/PAUL CHRISTIAN ST WYROUGH/Examiner, Art Unit 1728 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723