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 .
Election/Restrictions
Applicant’s election without traverse of Species A-5, B-1 and C-3 (i.e., clams 1-2, 4, 7-10, 12, 14, 16, 18 and 20-22) in the reply filed on 12/24/25 is acknowledged.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 03/29/23, 05/06/24, 05/13/24, 09/06/24, 06/20/25 and 01/14/26 was considered by the examiner.
Drawings
The drawings were received on 03/29/23.
Specification
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” “Disclosed herein”, etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed. It does not appear to capture the essence of the disclosed/claimed invention.
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.
Claim 22 is 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.
Regarding claim 22, the phrase "pouch-type" renders the claim indefinite because the claim includes elements not actually disclosed (those encompassed by "type"), thereby rendering the scope of the claim unascertainable.
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 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.
Claim(s) 1-2, 4, 7-10, 16, 18 and 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over the publication KR 10-2003-0066895 (heretofore KR’895) in view of the publication KR 10-1452945 (heretofore KR’945).
As to claims 1, 4, 20, 22:
KR’895 discloses that it is known in the art to make a pouch-shaped secondary battery comprising an electrode group/assembly 30 disposed/accommodated in a sheathing film housing/container 40 including a sheathing film having a sealing part (sealant) bonded by fusion and surrounding the electrode assembly; electrode leads/tabs 34-35 protruding from the housing/ container 40 and attached/joined to the electrode group/assembly including a coating/film 41 arranged between the leads/tabs and the housing; a vent/safety component 50 made of a linear-low density polyethylene-based synthetic resin film/coating having certain thickness and placed in a region of housing/case for venting/safety purposes (Abstract; see Claims 3, 7 & 10; page 2, paragraphs 0007, 00014; see Figures 1, 2a-b & 3-4). KR’895 also discloses the use of polyethyelene-co-acrylic acid (page 3, last paragraph)
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As to claims 7-10, 16:
In KR’895, the vent/safety component 50 is made of a linear-low density polyethylene-based synthetic resin and/or polyethyelene-co-acrylic acid (Abstract; see Claims 3, 7 & 10; page 2, paragraphs 0007, 00014; page 3, last paragraph). In this case, the specific maximum/average sealing strengths and melting point are deemed inherent properties/characteristics of the disclosed linear-low density polyethylene-based synthetic resin and/or polyethyelene-co-acrylic acid.
As to claim 18:
Figure 4, supra, depicts the vent/safety component 50 including a narrowed section, region, segment, portion and part along the direction of the electrode leads/tabs (see Figure 4).
As to claim 21:
In KR’895, sealing member 60 located at the corner of the housing/container can be also considered the vent region in a sealing portion thereof. Since the present claims fail to define the specific structure of the vent region (not the vent member), it is deemed that the teachings of KR’895 are sufficient to satisfy applicant’s broadly claimed vent region.
KR’895 discloses a secondary battery according to the foregoing description. However, the preceding reference does not expressly disclose the specific vent member thickness and the specific polyethylene-comonomer weight percent.
As to claims 1-2, 12:
In this respect, in the same field of applicant’s endeavor, KR’945 discloses that it is known in the art to make a battery comprising, inter alia, sealing (vent) member/component made of a polymer-based material such as PE, PE/PP and PE/PMP (see Tables 1-2; Figure 2) having a thickness of 50 µm (0024) wherein the weight percent of the comonomer in the polyethylene material can be 5 wt % (Table 1: Example 5).
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In light of the above, it would have been within the purview of a skilled artisan prior to the effective filing date of the claimed invention to make the vent/safety component of KR’895 by having the specific thickness and the specific polyethylene-comonomer weight percent as taught by KR’945 because KR’945 teaches that the specifically disclosed sealing member-component enhances structural integrity and mechanical stability by providing improved sealing characteristics. Further, the claim would have been obvious because the technique for improving a particular class of devices was part of the ordinary capabilities of a person of ordinary skill in the art, in view of the teaching of the technique for improvement in other situations, or based upon the teaching of such improvement in other situations. Thus, one of ordinary skill in the art would have been capable of applying this known method of enhancement to a “base” device (method, or product) in the prior art and the results would have been predictable to one of ordinary skill in the art. Stated differently, use of known technique to improve similar devices (methods, or products) in the same way is prima-facie obvious. KSR International Co. v. Teleflex Inc., 550 US- 82 USPQ2d 1385, 1396 (2007). KSR, 550 U.S. at 417, 82 USPQ2d at 1396.
Claim(s) 14 is rejected under 35 U.S.C. 103 as being unpatentable over the publication KR 10-2003-0066895 (heretofore KR’895) in view of the publication KR 10-1452945 (heretofore KR’945) as applied to claim 4 above, and further in view of the publication KR 10-2017-0007876 (heretofore KR’876).
KR’895 and KR’945 are both applied, argued and incorporated herein for the reasons manifested supra.
However, the preceding prior art does not expressly disclose the specific crystallization temperature difference between the sealant resin and the polymer-based thermally adhesive resin.
In this respect, in the same field of applicant’s endeavor, KR’876 discloses that it is known in the art to make a pouch-shaped rechargeable battery comprising, inter alia, sealing member/component (i.e., applicant’s vent: venting unit) made of a polymer-based material disposed in the sealing region of the housing/container and a sealant layer including thermally adhesive resin and a venting unit made of an alloy having a lower melting point than a thermally adhesive resin (Abstract; see Figures 1-2, 5-6). In this case, the specific crystallization temperature difference between the sealant resin and the polymer-based thermally adhesive resin is deemed an inherent property/characteristic of the disclosed sealant layer material and the thermally adhesive resin as the venting unit is made of an alloy having a lower melting point than a thermally adhesive resin.
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By compounding the above teachings, it would have been within the purview of a skilled artisan prior to the effective filing date of the claimed invention to use the specific sealant resin and polymer-based thermally adhesive resin of KR’876 as part of the sealing/venting member and/or in the sealing/venting region of KR’895 and KR’945 because KR’876 teaches that the specifically disclosed sealant resin and polymer-based thermally adhesive resin assists in improving the sealing characteristic of the battery cell, thereby preventing battery burst, reducing deformation of the battery case and improving life-span of the battery. Further, all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination would have yielded predictable results to one of ordinary skill in the art. Stated differently, combining prior art elements according to known methods to yield predictable results is prima-facie obvious. KSR International Co. v. Teleflex Inc., 550 US- 82 USPQ2d 1385, 1396 (2007). KSR, 550 U.S. at 416, 82 USPQ2d at 1395; Sakraida v. AG Pro, Inc., 425 U.S. 273, 282, 189 USPQ 449, 453 (1976); Anderson’s-Black Rock, Inc. v. Pavement Salvage Co., 396 U.S. 57, 62-63, 163 USPQ 673, 675 (1969); Great Atl. & P. Tea Co. v. Supermarket Equip. Corp., 340 U.S. 147, 152, 87 USPQ 303, 306 (1950).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The following references disclose pouch-shaped battery cells including sealing (sealant) member and venting components: Ryu et al’083 and Park et al’335.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAYMOND ALEJANDRO whose telephone number is (571)272-1282. The examiner can normally be reached Monday-Thursday (8:00 am-6:30 pm).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas A. Smith can be reached at (571) 272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/RAYMOND ALEJANDRO/
Primary Examiner
Art Unit 1752