DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
In response to the amendment received 02/13/2026, the following rejections have been withdrawn from the previous office action:
35 U.S.C. 102 rejections of claims 1, 4, and 12-13
35 U.S.C. 103 rejections of claims 6-11 and 14-19
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 4, and 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20170263899A1, hereafter Takahagi, as evidenced by Osswald, Tim A. Baur, Erwin Brinkmann, Sigrid Oberbach, Karl Schmachtenberg, Ernst. (2006). International Plastics Handbook - The Resource for Plastics Engineers (4th Edition) - 6.1.5 Polypropylene Homopolymers (PP, H-PP). Hanser Publishers. Retrieved from https://app.knovel.com/hotlink/pdf/id:kt00892N7D/international-plastics/polypropylene-homopolymers, hereafter Osswald, in view of Published Application US20200168857A1, hereafter Tsumori.
Regarding claim 1, Takahagi discloses a battery packaging material ([0034] Fig 1, battery packaging material) comprising:
an outer layer including a substrate layer ([0034] base material layer 1) that comprises a polyamide layer (11) ([0053] material that forms base material layer 1 is polyamide resin; present specification discloses the substrate layer 13 as the outer layer, see Fig 1 and [0033] of the present specification);
a heat fusible resin layer as an innermost layer ([0034] sealant layer 4 is innermost layer, heat-welded with itself to hermetically seal the battery element; [0072] polypropylene); and
a barrier layer ([0034] metal layer 3) provided as an intermediate layer to be sandwiched between the outer layer (1) and the heat fusible resin layer (4) ([0038] Fig 1, metal foil layer 14),
wherein a total thickness of the battery packaging material is 60 µm to 220 µm ([0051] laminate thickness of 60 to 110 µm),
wherein the barrier layer (3) is formed of a metal foil ([0102] metal layer 3 is aluminum foil),
wherein the stress value of the heat fusible resin layer (4) at the time of 10% stretching is 18 MPa to 30 MPa ([0072] random copolymer of propylene and ethylene; Osswald – Page 534 Table 6.12 – PPR has a yield stress of 18-30 MPa; PPR has a tensile yield strain of 10-18%), which overlaps with the claimed range of 14 MPa to 28 MPa (see MPEP 2144.05 (I)), and
wherein a product of the stress value (Osswald – 18-30 MPa) of the heat fusible resin layer at the time of 10% stretching (Osswald – Page 534 Table 6.12 – PPR has a tensile yield strain of 10-18%) and a thickness (Takahagi - [0078] thickness of 10 to 100 µm) is 180-3000 Pa*m (18-30 MPa = 18,000,000-30,000,000 Pa; 10-100 µm = 0.00001-0.0001 m; Pa * m = 180-3000 Pa*m), which overlaps with the claimed 1,200 Pa * m to 3,500 Pa * m (see MPEP 2144.05 (I)),
wherein the heat fusible resin layer is made of an unstretched polypropylene film and includes first and second propylene-ethylene random copolymer layers ([0072] random copolymers of polypropylene and ethylene) and an intermediate layer ([0072] block copolymer of polypropylene and ethylene) sandwiched between the first and second propylene-ethylene random copolymer layers ([0077] two or more layers of the same or different resin components).
Takahagi is silent on wherein the polypropylene film is unstretched, and wherein a ratio of a total thickness of the first and second propylene-ethylene random copolymer layers to a thickness of the heat fusible resin layer is 20% to 35%.
In the analogous art of battery packaging materials, Tsumori discloses wherein a ratio of a total thickness of the first and second propylene-ethylene random copolymer layers to a thickness of the heat fusible resin layer is 20% to 35% ([0169] unstretched laminated polypropylene film (random polypropylene (thickness: 5 μm)/block polypropylene (thickness: 30 μm)/random polypropylene (thickness: 5 μm), total thickness: 40 μm; thus, since the outer layers are 5 µm each, 30/40 = 25%).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to select the relative thicknesses of the layers of the polypropylene film as disclosed by Tsumori as a selection of a known material based on its suitability for the intended purpose, that purpose being the heat sealing/heat fusible layer of the battery packaging material (MPEP 2144.07).
As the overall mechanical properties of the composite sealing layer is/are variable(s) that can be modified, among others, by adjusting the relative thicknesses of the constituent layers of the composite sealing layers, with the mechanical properties of the outer layers or intermediate layer increasing in dominance in the composite as the relative thickness of the outer layers or intermediate layer is increased, the relative thicknesses of the constituent layers of the composite sealing layers would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the present invention. As such, without showing unexpected results, the claimed relative thicknesses of the constituent layers of the composite sealing layers cannot be considered critical. Accordingly, one of ordinary skill in the art, before the effective filing date of the present invention, would have optimized, by routine experimentation, the relative thicknesses of the constituent layers of the composite sealing layers in the invention of Takahagi to a level of, for example 25% outer layer thickness relative to the thickness of the sealing layer, as disclosed by Tsumori, to obtain the desired balance of mechanical properties supplied to the composite sealing layer from its constituent layers (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Regarding claim 4, Takahagi further discloses wherein a thickness of the heat fusible resin layer is 10 µm to 100 µm ([0078] thickness of 10 to 100 µm), which overlaps with the claimed range of 20 µm to 120 µm (see MPEP 2131.03 (II)).
Regarding claims 12-13, Takahagi further discloses wherein the substrate layer (1) further comprises a polyester layer ([0053] base material layer 1 is polyamide and polyester; [0055] may be two or more layers).
Regarding claim 20, Takahagi further discloses wherein the intermediate layer is made of propylene-ethylene block-copolymer ([0072] block copolymers of propylene and ethylene; [0077] sealant layer 4 may be two or more layers formed of the same or different resin components), and
wherein the stress value of the heat fusible resin layer (4) at a time of 10% stretching is 18 MPa to 30 MPa (Osswald – Page 534 Table 6.12 – PPR has a yield stress of 18-30 MPa; PPR has a tensile yield strain of 10-18%; PPB has a yield stress of 20-30 MPa; PPB has a tensile yield strain of 10-20%), which overlaps with the claimed range of 14 MPa to 20 MPa (see MPEP 2144.05 (I)).
Claim(s) 6-7 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20170263899A1, hereafter Takahagi, as evidenced by Osswald, Tim A. Baur, Erwin Brinkmann, Sigrid Oberbach, Karl Schmachtenberg, Ernst. (2006). International Plastics Handbook - The Resource for Plastics Engineers (4th Edition) - 6.1.5 Polypropylene Homopolymers (PP, H-PP). Hanser Publishers. Retrieved from https://app.knovel.com/hotlink/pdf/id:kt00892N7D/international-plastics/polypropylene-homopolymers, hereafter Osswald, in view of Published Application US20200168857A1, hereafter Tsumori, as stated above for claim 1, and further in view of Published Application US20200215795A1, hereafter Yoshino.
Regarding claims 6-7, Takahagi is silent on wherein breaking strength of the outer layer is 20 MPa to 160 MPa.
In the analogous art of battery packaging materials, Yoshino discloses wherein breaking strength of the outer layer is 100-300 MPa ([0034] 100-300MPa for outer layer to improve the formability), which overlaps with the claimed range of 20 MPa to 160 MPa (MPEP 2144.05 (I)).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the outer layer of the invention of Takahagi with a range of 100-160 MPa breaking strength as disclosed by Yoshino in order to improve the formability of the composite, as suggested by Yoshino.
Regarding claims 14-15, Takahagi further discloses wherein the substrate layer (1) further comprises a polyester layer ([0053] base material layer 1 is polyamide and polyester; [0055] may be two or more layers).
Claim(s) 8-9 and 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20170263899A1, hereafter Takahagi, as evidenced by Osswald, Tim A. Baur, Erwin Brinkmann, Sigrid Oberbach, Karl Schmachtenberg, Ernst. (2006). International Plastics Handbook - The Resource for Plastics Engineers (4th Edition) - 6.1.5 Polypropylene Homopolymers (PP, H-PP). Hanser Publishers. Retrieved from https://app.knovel.com/hotlink/pdf/id:kt00892N7D/international-plastics/polypropylene-homopolymers, hereafter Osswald, in view of Published Application US20200168857A1, hereafter Tsumori, as stated above for claims 1 and 4, and further in view of Foreign Publication WO2021182624A1 (used previously attached machine translation), hereafter Okano.
Regarding claims 8-9, Takahagi is silent on wherein a lubricant of 1 mg/m2 to 10 mg/m2 exists on a surface of the heat fusible resin layer.
In the analogous art of battery packaging materials, Okano discloses wherein a lubricant of 10 mg/m2 to 50 mg/m2 exists on a surface of the heat fusible resin layer (4) ([0137], lubricant on heat-sealing resin layer at 10-50 mg/m2) which overlaps with the claimed range of 1-10 mg/m2 (MPEP 2144.05 (I)).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Takahagi to use a lubricant of 10 mg/m2 as disclosed by Okano on the surface of the heat fusible resin layer in order to improve the moldability of the composite, as suggested by Okano ([0137]).
Regarding claims 16-17, Takahagi further discloses wherein the substrate layer (1) further comprises a polyester layer ([0053] base material layer 1 is polyamide and polyester; [0055] may be two or more layers).
Claim(s) 10-11 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20170263899A1, hereafter Takahagi, as evidenced by Osswald, Tim A. Baur, Erwin Brinkmann, Sigrid Oberbach, Karl Schmachtenberg, Ernst. (2006). International Plastics Handbook - The Resource for Plastics Engineers (4th Edition) - 6.1.5 Polypropylene Homopolymers (PP, H-PP). Hanser Publishers. Retrieved from https://app.knovel.com/hotlink/pdf/id:kt00892N7D/international-plastics/polypropylene-homopolymers, hereafter Osswald, in view of Published Application US20200168857A1, hereafter Tsumori, in view of Published Application US 20200215795 A1, hereafter Yoshino, as stated above for claims 6 and 7, and further in view of Foreign Publication WO2021182624A1 (used previously attached machine translation), hereafter Okano.
Regarding claims 10-11, Takahagi is silent on wherein a lubricant of 1 mg/m2 to 10 mg/m2 exists on a surface of the heat fusible resin layer.
In the analogous art of battery packaging materials, Okano discloses wherein a lubricant of 10 mg/m2 to 50 mg/m2 exists on a surface of the heat fusible resin layer (4) ([0137], lubricant on heat-sealing resin layer at 10-50 mg/m2) which overlaps with the claimed range of 1-10 mg/m2 (MPEP 2144.05 (I)).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Takahagi to use a lubricant of 10 mg/m2 as disclosed by Okano on the surface of the heat fusible resin layer in order to improve the moldability of the composite, as suggested by Okano ([0137]).
Regarding claims 18-19, Takahagi further discloses wherein the substrate layer (1) further comprises a polyester layer ([0053] base material layer 1 is polyamide and polyester; [0055] may be two or more layers).
Response to Arguments
Applicant's arguments filed 02/13/2026 have been fully considered but they are not persuasive.
Applicant’s arguments with respect to claim(s) 1 regarding the amendment to claim 1 have been considered but are moot in view of the new 35 U.S.C. 103 rejection of claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY HEMINGWAY whose telephone number is (571)272-0235. The examiner can normally be reached M-Th 6-4.
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, Susan Leong can be reached at (571) 270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/T.G.H./Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754