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 .
Election/Restrictions
Applicant’s election without traverse of Claims 1-8 in the reply filed on March 20th, 2026 is acknowledged.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 & 8 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Lee (KR20200053782, see Machine Translations for citations) (provided in Applicant’s IDS filed on May 18th, 2023).
Regarding Claim 1, Lee discloses a secondary battery for testing short circuit ([001]), the secondary battery comprises:
A positive electrode ([0034]); A negative electrode ([0034]); A separator disposed between the positive and negative electrode ([0034]); and
A short circuit induction member disposed on a region of on a surface or both surfaces of the separator (short circuit induction device, [001]),
Wherein the short circuit induction member has a structure including a metal pattern layer and an insulating layer, which is an insulation wax, applied on and covering the metal pattern layer (metal foil layer with porous wax layers, [0021]).
Regarding Claim 8, Lee discloses the limitations as set forth above. Lee further discloses wherein the metal pattern layer includes one or more selected from among aluminum, copper, and titanium ([0074]).
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.
Claim(s) 2-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee (KR20200053782, see Machine Translations for citations)
Regarding Claim 2, Lee discloses the limitations as set forth above.
Lee does not directly disclose wherein a formation area of the short induction member is in a range of 1 um2 to 1000 mm2.
However, Lee discloses wherein the diameter of the metal foil layer can be 0.3 to 2 cm ([0028]), which provides an area of 0.28 cm2 to 12 cm2, which overlaps the instant claim range of 1 um2 to 1000 mm2. Lee further discloses wherein the diameter of the porous wax layer can be 0.4 to 2.5 cm ([0028]), which provides an area of 0.50 cm2 to 19 cm2, which overlaps the instant claim range of 1 um2 to 1000 mm2.
Therefore, it would be obvious to one of ordinary skill in the art using the disclosure of Lee to have wherein a formation area of the short induction member is in a range of 1 um2 to 1000 mm2.
Regarding Claim 3, Lee discloses the limitations as set forth above. Lee does not directly disclose wherein a pattern width of the metal pattern layer is in range of 1 nm to 100 um.
The examiner notes that under the broadest reasonable interpretation of the claim, any structure in the metal pattern layer can be interpreted to be a “pattern” for purposes of interpreting a “pattern width”.
Lee discloses wherein the metal foil layer may have average pore sizes of 20 um to 1 mm ([0027]).
Therefore, it would be obvious to one of ordinary skill in the art using the disclosure of Lee to have wherein a pattern width of the metal pattern layer is in range of 1 nm to 100 um.
Regarding Claim 4, Lee discloses the limitations as set forth above. Lee does not directly disclose wherein a thickness of the metal pattern is in a range of 1% to 200% of a pattern width of the metal pattern layer.
However, Lee discloses wherein the thickness of the metal foil layer ranges from 5 to 50 um ([0086]), which overlaps the instant claim range of 1% to 200% of a pattern width of the metal pattern layer.
Therefore, it would be obvious to one of ordinary skill in the art using the disclosure of Lee to have wherein a thickness of the metal pattern is in a range of 1% to 200% of a pattern width of the metal pattern layer.
Regarding Claim 5, Lee discloses the limitations as set forth above. Lee does not directly disclose wherein a thickness of the insulating layer is in a range of 101% to 200% of a thickness of the metal pattern layer.
However, Lee discloses wherein the porous wax layer acting as the insulating layer can have thickness ranging from 10 to 100 um ([0085]), which overlaps the instant of the 101% to 200% of a thickness of the metal pattern layer.
Therefore, it would be obvious to one of ordinary skill in the art using the disclosure of Lee to have wherein a thickness of the insulating layer is in a range of 101% to 200% of a thickness of the metal pattern layer.
Regarding Claim 6 & 7, Lee discloses the limitations as set forth above. Lee discloses wherein the wax layer can be made of a hydrocarbon mixture containing insoluble alcohol fatty acid easters r slid alkanes such as a paraffinic compound ([0064]).
Therefore it would be obvious to one of ordinary skill in the art using the disclosure of Lee to have wherein he insulating layer is made of a hydrocarbon compound including at least one or more selected from insoluble alcohol fatty acid esters and C1 to C4o alkanes or is made of a C1 to C40 paraffin-based compound.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANKITH R SRIPATHI whose telephone number is (571)272-2370. The examiner can normally be reached Monday - Friday: 7:30 am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at 571-270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANKITH R SRIPATHI/Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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