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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/26/2026 has been entered.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendment
Applicant’s amendment, filed 05/26/2026, has been entered. Claims 1, 3, 4, 6, 8, and 13 have been amended. Claims 1, 3-10, and 12-19 are now pending in this application.
Claim Interpretation
Claim 3 recites an opening-closing surface, which is described in the specification as follows “Here, the opening/closing surface 120c-2 is formed by cutting three surfaces” such that the opening/closing surface is interpreted as three surface portions.
Claim 3 recites an inner circumferential surface of the gas discharge port. This limitation is interpreted if view of the specification and figures, which define the gas discharge port 120c (see Fig. 7/8) as an adhesive to be melted/gap, and define the inner circumferential surface 102-c1 of the gas discharge port as the lower boundary of that gap/adhesive to be melted, whereas “an outer circumferential surface of the opening-closing surface” is interpreted as one of the three surface portions of the opening/closing surface.
Claim 3 recites an opening-closing surface, which is described in the specification as follows “Here, the opening/closing surface 120c-2 is formed by cutting three surfaces” such that the opening/closing surface is interpreted as three surface portions.
Claim Rejections - 35 USC § 112
10. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
11. Claims 1, 3-10 and 12-19 rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor, or for pre-AIA the applicant regards as the invention.
Claims 1 and 3 recite “open the gas discharge port…a gap between the first unsealing surface and the second unsealing surface is widened” which appears to contradict with “such that the first unsealing surface and second unsealing surface are biased to remain in close contact” of claim 1 and with “the discharge port is blocked by the opening-closing surface” of claim 3. Claims 1 and 3 are interpreted the limitations of “the first and second unsealing surface to remain in close contact”, and wherein “the discharge port is blocked” as occurring after venting is completed.
Claims 4-10 and 12-19 are rejection in view of dependence on claims 1 and 3.
12. Claim 9 recites “a pouch” wherein it is unclear if a second pouch is being claimed or it “a pouch” refers to the pouch of claim 1. Claim 9 is interpreted as “the pouch”.
Claim 10 recites “an inner surface of an accommodation part” wherein it is unclear if the inner surface of the accommodation part refers to both the first and second accommodation surface mentioned in claim 3, or a separate inner accommodation surface not previously claimed. Claim 10 is interpreted as the former, wherein the inner surface of the accommodation part comprises the first and second accommodation surfaces of claim 3.
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, 3-9 and 12-19 rejected under 35 U.S.C. 103 as being unpatentable over Kepler (US20160344004A1) in view of Joon (KR101296616B1) (refer to enclosed translations for citations) and Hiroshi (JP-2018195745-A).
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]) with a gas discharge part (Fig. 9b, gap between pouch, wherein a gas discharge part is interpreted as a in view of instant applications gap discharge part Fig. 7, 120c),
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 (see [0041], material enabling “adhesion between package material and heating element”) 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 via lamination, 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 ([0041-0042], “pressure”) within the pouch increases above a set pressure ([0041-0042], wherein venting occurs over a set pressure which overcomes lamination); the adhesive force of the first adhesive material is broken ([0028], “delaminate, or be pulled apart under pressure”)to open the gas discharge part to form an opened gas discharge part ([0028], “delaminate, or be pulled apart under pressure”, [0041-0042]);
wherein the pouch (see Fig. 9a) comprises:
a first case (Fig. 9b, top cup of pouch); with a first accommodation surface (upper inner layer of pouch top cup in Fig. 9) configured to accommodate a first end (Fig. 9, upper end of rectangular electrode assembly) of the electrode assembly (Fig. 9b, rectangular shaped cell inside pouch),
a first unsealing surface (Fig. 9b, upper inner surface of unsealing portion near 15) disposed on a portion of an edge (Fig. 9(b), peripheral sealing edge of upper pouch layer) 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], see right edge of pouch in Fig. 9 which is sealed, 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 (Fig. 9, bottom half of pouch) provided with a second accommodation surface (Fig. 9, upper surface of bottom half of pouch) configured to accommodate a second end opposite the first end of the electrode assembly (Fig. 9, rectangular electrode assembly accommodated by inner bottom surface of pouch),
a second unsealing surface (Fig. 9b, unsealing surface disposed on a leftmost portion of bottom upper surface of pouch) disposed on (see https://www.thefreedictionary.com/on, used to indicate proximity) a portion (left portion) of an edge (Fig. 9b, peripheral edge, see https://www.merriam-webster.com/dictionary/edge, “border” peripheral border of unsealing surface),
and a second sealing surface disposed on a remaining portion of the edge (Fig. 9b, remaining right side of peripheral border of the bottom surface remains sealed) of the second accommodation surface ([0027], wherein the delamination is local to heating element 6, see also Fig. 3 illustratively w
wherein the gas discharge part (Fig. 9b, gap between upper and lower pouch layers) is formed between the first unsealing surface and the second unsealing surface (Fig. 9b, wherein gap is on left side between unsealing surfaces; [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 (Fig. 9b, upper leftmost surface) and the second unsealing surface (Fig. 9b, lower leftmost surface) being configured to adhere to each other to seal the gas discharge part (Fig. 9c, sealed leftmost surfaces; [0041]),
wherein, when the pressure within the pouch increases above the set pressure (see above), adhesive force between the first unsealing surface and the second unsealing surface is broken to open the gas discharge part (see above/Fig. 9, gas discharge pathway melted; [0053-0054]),
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, the self-restoring adhesive member being configured to adhere between the first unsealing surface and the second unsealing surface by the first adhesive material, wherein when a gap between the first unsealing surface and the second unsealing surface is widened by a gas discharge through the gas discharge part the capsule separates to allow the second adhesive material to flow out such that the first unsealing surface and the second unsealing surface adhere to each other by the second adhesive material, wherein the pouch includes a first elastic member on the first unsealing surface and a second elastic member on the second unsealing surface, the first and second elastic members 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.
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 (Joon, [0005]), 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 (Joon, wherein the epoxy of Joon reseals the gas discharge part; [0006], wherein “polymerizes to reseal the pouch” is a functional limitation, and Kepler in view of Joon teaches all the positively recited structure of the claim) through adhesive force (Joon, [0006], “epoxy” adhesive) without application of external heat or external pressure (see modification of Kepler in view of Joon, wherein the functional limitation “to reseal without application of external heat or external pressure” must be met as Kepler in view of Joon teaches all the positively recited structure of the secondary battery), the self-restoring adhesive member (Joon, epoxy; [0006]) being configured to adhere between the first unsealing surface (Kepler, Fig. 9, upper inner surface of sealing portion) and the second unsealing surface (Kepler, Fig. 9, lower inner surface of sealing portion) by the first adhesive material, wherein when a gap (Fig. 9, gap between sealing portion) between the first unsealing surface and the second unsealing surface is widened by a gas discharge 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”) the capsule separates (Joon; [0066]) to allow the second adhesive material to flow out (Joon; [0066]) such that the first unsealing surface and the second unsealing surface adhere to each other by the second adhesive material (see modification in view of Joon, wherein “to allow the second adhesive material to flow out such that the first…and the second unsealing surface adhere” is a functional limitation, wherein Kepler in view of Joon teaches all the positively recited structure of the claim, such that Kepler in view of Joon must teach the self-restoring adhesive member of Joon causes polymerization between adhesive [0066]).
However, Kepler in view of Joon fails to teach wherein the pouch includes a first elastic member on the first unsealing surface and a second elastic member on the second unsealing surface, the first and second elastic members 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.
Hiroshi teaches wherein the pouch (Fig. 7, laminate film exterior body 30; [0034]) includes a first elastic member (Fig. 7, flexible 611; [0053]) on (see https://www.thefreedictionary.com/on, used to indicate proximity) the first unsealing surface (Fig. 7, rightmost sealing portion of 31; [0053]) and a second elastic member (Fig. 7, 612; [0053]) on (see https://www.thefreedictionary.com/on, used to indicate proximity) the second unsealing surface (Fig. 7, lower rightmost sealing portion of 32), the first and second elastic members (611 and 612) configured to provide elastic force (see [0053], restraining force) such that the first unsealing surface (rightmost 31) and the second unsealing surface (rightmost 32) are biased (see [0053]) to remain in close contact with each other (see Fig. 7, surfaces in contact and [0053], “prevent gas from flowing backward…into the power storage device” ). It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the pouch of Kepler with the outer case, including elastic members 611 and 612, of Hiroshi because Hiroshi teaches the elastic seal members 611 612 help reseal the laminate portion such external air does not flow back into the battery case [0053]. Additionally, Kepler teaches wherein resealing is preferable (see [0064] of Kepler) such that a skilled artisan would look to Hiroshi to improve and simplify the resealing capability of Kepler.
Regarding claim 3,
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]) with a gas discharge part (Fig. 9b, gap between pouch, wherein a gas discharge part is interpreted as a gap/adhesive to be melted, see claim interpretation above),
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 (see [0041], material enabling “adhesion between package material and heating element”) 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 via lamination, 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 ([0041-0042], “pressure”) within the pouch increases above a set pressure ([0041-0042], wherein venting occurs over a set pressure which overcomes lamination); the adhesive force of the first adhesive material is broken ([0028], “delaminate, or be pulled apart under pressure”) to open the gas discharge part to form an opened gas discharge part ([0028], “delaminate, or be pulled apart under pressure”, [0041-0042]);
wherein the pouch (see Fig. 9a) comprises:
a first case (Fig. 9b, top cup of pouch); with a first accommodation surface (upper inner layer of pouch top cup in Fig. 9) configured to accommodate a first end (Fig. 9, upper end of rectangular electrode assembly) of the electrode assembly (Fig. 9b, rectangular shaped cell inside pouch),
and a first sealing surface (Fig. 9, upper peripheral sealing portion of the top cup of the pouch) disposed on an edge of the first accommodation surface (Fig. 9, wherein the upper peripheral sealing portion is disposed on the boundary/edge of the top cup);
and a second case (Fig. 9, bottom half of pouch) provided with a second accommodation surface (Fig. 9, upper surface of bottom half of pouch) configured to accommodate a second end opposite the first end of the electrode assembly (Fig. 9, rectangular electrode assembly accommodated by inner bottom surface of pouch),
and a second sealing surface (Fig. 9b, sealing portion of bottom pouch on left and right sides) disposed on an edge (peripheral border/edge of the bottom upper surface of pouch) of the second accommodation surface (upper surface of the bottom pouch),
wherein the gas discharge part (Fig. 9a/b, adhesive to be melted/gap between upper and lower pouch layers; see claim interpretation above)
includes a discharge port (Fig. 9b, wherein the adhesive melts to form a gas discharge channel connecting the inside and outside of pouch; [0053-0054]) formed on the first accommodation surface (Fig. 9b, connecting channel forms directly between the upper and lower inner surfaces of the pouch) or the second accommodation surface (Fig. 9b, connecting channel forms directly between the upper and lower inner surfaces of the pouch)
and an opening-closing surface (see claim interpretation above, Fig. 9b, ruptured upper unsealing surface/portions of inner and outer portions of pouch on either side of the upper unsealing surface) configured to block the discharge port (see Fig. 9a, wherein opening-closing surface is closed) when one end of the opening-closing surface (Fig. 9a, inner portion of pouch near upper unsealing surface) is connected to the second accommodation surface (wherein all elements are directly or indirectly connection, and wherein “configured to block…” is a functional limitation wherein all the positively recited structure of the claim is taught),
the first adhesive material (see above) configured to allow an inner circumferential surface of the discharge port (see claim interpretation above, lower boundary of gap) and an outer circumferential surface (see claim interpretation above, Fig. 9b, upper unsealing surface as described in claim 1 above) of the opening-closing surface (see above) to adhere to each other to seal the gas discharge part (wherein this limitation is a functional limitation, and the rejection teaches all the positively recited structure of the claim language),
wherein when the pressure of the pouch increases [0053-0054] the adhesive force between the inner circumferential surface of the discharge port (see claim interpretation above, lower boundary of gap in Fig. 9b) and the outer circumferential surface of the opening-closing surface (Fig. 9b, upper unsealing portion on the leftmost side of the inner upper cup of the pouch)
is broken to open the gas discharge part [0043-0054],
Kepler fails to teach 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, wherein the self-restoring adhesive member being 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, 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 to each other by the second adhesive material, wherein the pouch includes a first elastic member on the first accommodation surface and a second elastic member on the second accommodation surface, the first and second elastic members configured to provide elastic force such that the discharge port is blocked by the opening-closing surface.
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 (Joon, [0005]), 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 (wherein this is a functional limitation and all the positively recited structure is taught),
wherein the self-restoring adhesive member being 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 (wherein this is a functional limitation and all the positively recited structure is taught),
wherein when a gap between the inner circumferential surface of the discharge port (Fig. 9b, lower boundary of gap) and the outer circumferential surface of the opening-closing surface (Fig. 9b, upper unsealing surface) is widened by a gas discharge 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”) the capsule separates (Joon; [0066]) to allow the second adhesive material to flow out (Joon; [0066])
to allow the second adhesive material (Joon; [0066]) to flow out such that the inner circumferential surface of the discharge port and the outer circumferential surface of the opening-closing surface adhere to each other by the second adhesive material (wherein “to allow…by the second adhesive material” is considered a functional limitation and all the positively recited structure is taught),
However, Kepler in view of Joon fails to teach wherein the pouch includes a first elastic member on the first accommodation surface and a second elastic member on the second accommodation surface, the first and second elastic members configured to provide elastic force such that the discharge port is blocked by the opening-closing surface.
Hiroshi teaches wherein the pouch (Fig. 7, laminate film exterior body 30; [0034]) includes a first elastic member (Fig. 7, flexible 611; [0053]) on (see https://www.thefreedictionary.com/on, used to indicate proximity) the first accommodation surface (Fig. 7, inner surface of 31; [0053]) and a second elastic member (Fig. 7, 612; [0053]) on (see https://www.thefreedictionary.com/on, used to indicate proximity) the second accommodation surface (Fig. 7, inner surface of 32), the first and second elastic members (611 and 612) configured to provide elastic force (see [0053], restraining force) such that the discharge port ([0053], gap created by venting) is blocked by the opening-closing surface (rightmost 31 and 32, which open and close to block airflow as described in [0053]). It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the pouch of Kepler with the outer case, including elastic members 611 and 612, of Hiroshi because Hiroshi teaches the elastic seal members 611 612 help reseal the laminate portion such external air does not flow back into the battery case [0053]. Additionally, Kepler teaches wherein resealing is preferable (see [0064] of Kepler) such that a skilled artisan would look to Hiroshi to improve and simplify the resealing capability of Kepler.
Regarding claim 4,
Kepler in view of Joon and Hiroshi 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 in a plurality, see rejection of claim 1 above).
Regarding claim 5,
Kepler in view of Joon and Hiroshi 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 and Hiroshi teaches the secondary battery of claim 2 (see rejection of claim 2 above), wherein the first adhesive material is provided as an epoxy resin adhesive, (Joon, [0006], “epoxy”).
Regarding claim 7,
Kepler in view of Joon and Hiroshi teaches the secondary battery of claim 6 (see rejection of claim 6 above), but Kepler fails to specify wherein the second adhesive material is provided as the same material as the first adhesive material. However, Joon teaches wherein the second adhesive material is provided as the same material as the first adhesive material ([0006] ,”material of the capsule having the same…characteristics”).
Regarding claim 8,
Kepler in view of Joon and Hiroshi teaches the secondary battery of claim 2 (see rejection of claim 2 above), wherein, as stated in the rejection of claim 1 above, but fails to teach 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. Hiroshi teaches the first adhesive material is intended for delamination ([0038], “Here, the peel strength of one long side sealing portion 333 is set lower than the peel strength of the other long side sealing portion 332 and the pair of short side sealing portions 331 and 331. As a method of setting the peel strength of one long side sealing portion 333 lower than the peel strength of the other long side sealing portion 332 and the pair of short side sealing portions 331 and 331, one long side sealing A method of reducing the adhesive force”). Accordingly, it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the adhesive of Kepler such that there is a difference in adhesive strength between the contacting laminate layers, as Hiroshi teaches this to allow venting to be easier [0054].
Regarding claim 9,
Kepler in view of Joon and Hiroshi teaches the secondary battery of claim 1 (see rejection of claim 1 above), wherein the gas discharge part is formed on a pouch (see 112(b) and rejection of claim 1 above) including an electrode tab in the electrode assembly (see Fig. 3 illustratively, wherein the pouch including an electrode tab in the electrode assembly depicted in Fig. 5 and 7).
Regarding claim 12,
Kepler in view of Joon and Hiroshi 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 and Hiroshi teaches the secondary battery of claim 1 (see rejection of claim 1 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 and Hiroshi 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 and Hiroshi 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 and Hiroshi 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 and Hiroshi 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 and Hiroshi 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 and Hiroshi 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 and Hiroshi 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 (see 112(b) rejection above, and Fig. 9, inner upper and lower surfaces of the pouch), 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]). 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 of Yang to opening/closing member of Kepler, in order to better seal the opening/closing surface before melting [0068]. Kepler in view of Joon and Yang accordingly teaches configured to support the opening-closing surface is attached on the inner surface of the accommodation part (wherein this limitation is considered a functional limitation, and the cited references teach all the positively recited structure claimed).
Response to Arguments
Applicant’s arguments, see “Remarks”, filed 05/26/2026, have been fully considered and, due to the amendments, are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Hiroshi.
Applicant’s arguments regarding the newly amended first and second elastic member moot in light of the updated rejection in view of Hiroshi. The examiner encourages further distinguishing the elastic member in relation to the resealing process, as well as reformatting the functional limitations in terms of explicit structures which change across the various points of operation.
Applicant argues that all other claims should be allowed in view of allowable independent claims; however, this is not persuasive, as the rejections on all claims have been sustained.
Conclusion
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TIFFANY LEGETTE can be reached on (571) 270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PAUL CHRISTIAN ST WYROUGH/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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