DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Applicant’s response to Election/Restriction was received on 1/27/26. Claims 1, 6, 7 are amended. Claim 5 has been cancelled. Claim 9 and 12 are withdrawn-currently amended.
The text of those sections of Title 35, U.S.C. code not included in this action can be found in the prior Office Action.
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-4, 6-8 in the reply filed on 1/27/26 is acknowledged.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 11/29/22, 4/16/24, 11/14/25, 4/22/26 is considered by the examiner.
Drawings
The drawings submitted on 11/29/22 has been considered.
Claim Rejections - 35 USC § 112
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.
Claims 1-4, 6-8 are 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Specifically, the claim limitation recites, “the second functional layer has a greater thickness than the barrier layer and has a thickness of 33% or more of a total thickness of the exterior material,” however, it is unclear how the second functional layer can have a thickness of 33% or more, in which the range also includes 100% or more of the total thickness of the exterior material when the second functional layer is part of the exterior material. Appropriate corrections or further clarification is required.
The dependent claims are rejected for the same reasons.
As best understood, please see the 35 U.S.C. 103 below.
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 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.
Claim(s) 1-4, 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR101840499B1.
Regarding claim 1, the KR101840499B1 discloses an exterior material to be used for a battery, comprising a barrier layer (metal layer, 13a), a first functional layer formed on one surface of the barrier layer; a second functional layer formed on the other surface of the barrier layer; and an anti-corrosion layer (14a) formed on at least one surface of the barrier layer, wherein the first functional layer is composed of one or more resin layers including a sealing layer (15a) and further includes a reinforced resin layer having a higher melting point than the sealing layer (16a). The KR101840499B1 is silent in disclosing least a portion of the exterior material has a concavo-convex shape alternately protruded and recessed in a thickness direction. However, it would have been obvious matter of design choice to change shape of the exterior material, since such a modification would have involved a mere change in the size, shape of a component. A change in size, shape is generally recognized as being within the level of ordinary skill in the art (MPEP 2144.04 (IV)) .
Regarding claim 2, the KR101840499B1 discloses the barrier layer has a thickness of 25 µm or more, and the exterior material has a total thickness calculated to be from 100 µm to 300 µm.
Regarding claim 3, the KR101840499B1 discloses wherein when the exterior material is folded in order for the second functional layer to be located inside the exterior material, the folded barrier layer has a radius of curvature of 0.03 mm or more.
Regarding claim 4, the KR101840499B1 discloses wherein the sealing layer has a greater thickness than the barrier layer and has a thickness of 25 µm or more.
Regarding claim 6, the KR101840499B1 discloses wherein the reinforced resin layer has a greater thickness than the anti-corrosion layer and has a thickness of 10 pm or more.
Regarding claim 7, the KR101840499B1 discloses wherein the reinforced resin layer has a thickness 0.25 to 4.2 times greater than a thickness of the sealing layer.
Regarding claim 8, the KR101840499B1 discloses wherein the exterior material is used for a flexible battery that is bendable.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HELEN OI CONLEY whose telephone number is (571)272-5162. The examiner can normally be reached 8:30 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Smith can be reached at 5712728760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Helen Oi K CONLEY/ Primary Examiner, Art Unit 1752
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