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 Group III (Claims 12-18) in the reply filed on 3/12/26 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 5/22/23, 10/10/24, 4/9/25, and 12/16/25 were filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements have been considered by the examiner.
Drawings
The drawings were received on 5/22/23. These drawings are acceptable.
Claim Rejections - 35 USC § 102
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.
Claims 12-13, and 17-18 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2011-108538 A (JP'538).
As to Claim 12:
JP'538 discloses:
a secondary battery (JP'538 discloses a “laminate battery” and further describes application to a lithium-ion secondary battery (p. 1));
an electrode assembly wherein electrodes and separators are alternately stacked to be combined with each other (JP'538 discloses a “laminated electrode body in which a plurality of sheet-like positive electrodes 6 and a plurality of sheet-like negative electrodes 7 are laminated via separators 8” (p. 2));
and a pouch configured to accommodate the electrode assembly (JP'538 describes an “outer package 2” that houses the laminated electrode body (p. 2));
wherein the pouch comprises an aluminum sheet and a polymer layer laminated together with the aluminum sheet (JP'538 describes that the outer package is formed of a “metal laminate film 20” including a “metal layer 22” and a “heat-sealing resin layer 23,” and further teaches that the metal layer is an aluminum film and the laminate includes resin layers (pp. 3, 7));
and wherein a degassing hole is formed in the aluminum sheet (JP'538 teaches that “the metal layer 22… is provided with a portion 5 penetrating from one surface to the other surface, and this portion serves as a vent part” to release internal pressure (p. 3)).
As to Claim 13:
JP'538 discloses the secondary battery of claim 12 (JP'538 discloses a “laminate battery” and further describes a lithium-ion secondary battery including an “electrode body” housed within an “outer package 2” formed of a metal laminate film having a metal layer and a resin layer, and further including a penetrating portion in the metal layer serving as a vent part (pp. 1–3));
wherein the polymer layer comprises a first polymer layer and a second polymer layer (JP'538 discloses that the metal laminate film 20 includes an “exterior resin layer 21” and a “heat-sealing resin layer 23” (p. 3));
and in the pouch, the first polymer layer, the aluminum sheet, and the second polymer layer are stacked outward from an inside, in which the electrode assembly is accommodated (JP'538 discloses that the metal laminate film is “configured by laminating an exterior resin layer 21, a metal layer 22, and a heat-sealing resin layer 23 in order from the outside of the battery,” such that, from the interior side where the electrode body is housed, the heat-sealing resin layer 23 is disposed on the inside, the metal layer 22 is disposed outward thereof, and the exterior resin layer 21 is disposed further outward (p. 3)).
As to Claim 17:
JP'538 discloses the secondary battery of claim 12 (JP'538 discloses a laminate battery and further describes a lithium-ion secondary battery comprising an electrode body in which positive electrodes, negative electrodes, and separators are laminated and housed within an outer package 2 formed of a metal laminate film including a metal layer 22, and further including a portion penetrating the metal layer that serves as a vent part (pp. 1–3));
wherein the degassing hole is formed between the electrode assembly and an outer circumferential surface of the pouch in the pouch (JP'538 teaches that the vent part is provided in a heat seal portion at a peripheral edge part of the outer package, and that the portion penetrating the metal layer is formed in the heat seal portion at the peripheral edge of the exterior body (p. 3), and further teaches that the penetrating portion is formed at a location 1 mm or more outside from the inner end of the heat seal portion of the exterior body, such that the location of the penetrating portion is between the inner region in which the electrode body is housed and the outer peripheral edge of the pouch (pp. 3–4)).
As to Claim 18:
JP'538 discloses the secondary battery of claim 17 (JP'538 discloses a laminate battery and further describes a lithium ion secondary battery comprising an electrode body in which positive electrodes, negative electrodes, and separators are laminated and housed within an exterior body 2 formed of a metal laminate film including a metal layer 22, and further including a portion penetrating the metal layer that serves as a vent part formed in a heat seal portion at a peripheral edge of the exterior body and at a location 1 mm or more outside from the inner end of the heat seal portion, thereby teaching a hole formed in the aluminum sheet between the electrode assembly and an outer circumferential surface (pp. 1–4));
further comprising an electrode lead configured to connect the electrode assembly to an external device (JP'538 teaches that a “positive external terminal 3 and a negative external terminal 4 are drawn from the exterior body 2” and are connected to the sheet-like electrodes inside the exterior body (p. 2));
wherein the degassing hole is formed in a portion of the aluminum sheet at a side at which the electrode lead is disposed (JP'538 teaches that “the positive electrode external terminal 3 and the negative electrode external terminal 4 are drawn from the same side of the outer package 2” (p. 2), and further teaches that the portion penetrating the metal layer serving as the vent part is formed in the heat seal portion at the peripheral edge of the outer package (p. 3)).
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.
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 14 is rejected under 35 U.S.C. 103 as being unpatentable over JP 2011-108538 A (JP'538), as applied to Claim 13 above, and further in view of US 2016/0156007 A1 (US'007).
As to Claim 14:
JP'538 discloses a secondary battery (JP'538 discloses a laminate battery and further describes application to a lithium-ion secondary battery (p. 1));
an electrode assembly wherein electrodes and separators are alternately stacked to be combined with each other (JP'538 discloses a “laminated electrode body in which a plurality of sheet-like positive electrodes 6 and a plurality of sheet-like negative electrodes 7 are laminated via separators 8” (p. 2));
a pouch configured to accommodate the electrode assembly (JP'538 describes an “outer package 2” that houses the electrode body (p. 2));
wherein the pouch comprises an aluminum sheet and a polymer layer laminated together with the aluminum sheet (JP'538 describes that the outer package is formed of a “metal laminate film 20” including a metal layer 22 and resin layers, and further teaches that the metal layer is an aluminum film (pp. 3, 7));
wherein a degassing hole is formed in the aluminum sheet (JP'538 teaches that the metal layer 22 is provided with a portion 5 penetrating from one surface to the other surface, and this portion serves as a vent part (p. 3));
wherein the polymer layer comprises a first polymer layer and a second polymer layer (JP'538 discloses an “exterior resin layer 21” and a “heat-sealing resin layer 23” (p. 3));
and in the pouch, the first polymer layer, the aluminum sheet, and the second polymer layer are stacked outward from an inside (JP'538 teaches laminating an exterior resin layer 21, a metal layer 22, and a heat-sealing resin layer 23 in order from the outside of the battery, such that from the interior side the heat-sealing resin layer 23 is disposed inward, the metal layer 22 is disposed outward thereof, and the exterior resin layer 21 is disposed further outward (p. 3)).
However, JP'538 does not explicitly disclose that the first polymer layer is made specifically of a polypropylene (PP) material, instead describing the heat-sealing resin layer more generally as a “modified polyolefin film” (p. 7).
US'007 discloses a secondary battery using a laminate pouch where the polymer layers are specifically selected for their chemical and thermal properties, wherein the inner sealant layer (the first polymer layer) is made of a polypropylene (PP) material and the outer covering layer (the second polymer layer) is made of a polyethylene terephthalate (PET) material ([0025]).
JP'538 and US'007 are analogous arts because they both reside in the field of secondary battery packaging and specifically address the material composition and structural integrity of multi-layered laminate pouches used to house electrode assemblies.
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to substitute the general “polyolefin” heat-sealing material of JP'538 with the specific polypropylene (PP) material taught by US'007. US'007 explicitly teaches PP as a suitable inner sealant layer for laminate battery pouches ([0025]). Such a substitution represents the selection of a known material within the same class of heat-sealing polymers to achieve suitable sealing and chemical resistance properties. Additionally, US'007 teaches PET as an outer layer material ([0025]), and JP'538 also identifies polyester (such as PET) as a suitable exterior resin layer (p. 7), thereby reinforcing the compatibility of the combined teachings.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over JP 2011-108538 A (JP'538), as applied to Claim 13 above, and further in view of KR 20180085942 A1 (KR’942).
As to Claim 15:
JP'538 discloses the secondary battery of claim 13 (JP'538 discloses a laminate battery and further describes a lithium ion secondary battery with a laminated electrode body and an outer package 2 made of a metal laminate film including a metal layer 22 and resin layers, wherein the laminated electrode body is housed within the outer package (pp. 1–3), and further discloses that the laminate includes an exterior resin layer 21 and a heat-sealing resin layer 23 stacked with the metal layer 22 (p. 3), and that the metal layer is provided with a portion penetrating from one surface to the other surface to serve as a vent part (p. 3));
and wherein the second polymer layer is made of a polyethylene terephthalate (PET) material (JP'538 discloses that the exterior resin layer 21 may be formed of a polyester film such as PET (p. 7)).
However, JP'538 does not explicitly disclose that the first polymer layer (heat-sealing resin layer 23) is a multi-layer structure where an inner layer is made of a polypropylene (PP) material and an outer layer facing the aluminum sheet is made of a polyphthalamide (PPA) material, instead describing the heat-sealing resin layer more generally as a modified polyolefin film (p. 7).
KR'942 discloses a secondary battery with a laminate pouch having a multi-layered polymer configuration, wherein the first polymer layer comprises multiple sublayers including a polypropylene layer and a polyamide layer disposed adjacent to the aluminum layer (KR'942 discloses that the pouch is formed of a plurality of layers including a polypropylene (PP) layer, a nylon (polyamide) layer, an aluminum layer, and a polyethylene terephthalate (PET) layer stacked in this order (p. 3) ).
JP'538 and KR'942 are analogous arts because they both reside in the field of secondary battery packaging and specifically address the structural arrangement and material selection of multi-layered laminate pouches to optimize the safety and chemical resistance of the battery case.
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to incorporate the multi-layered inner resin structure of KR'942 into the battery pouch of JP'538. Specifically, one would be motivated to replace the general modified polyolefin inner layer of JP'538 with the specific polypropylene and polyamide dual-layer configuration taught by KR'942 to provide improved structural integrity and resistance to the internal battery environment, as KR'942 explicitly teaches a layered structure including a PP layer and a polyamide layer adjacent the aluminum layer (p. 3).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over JP 2011-108538 A (JP'538), as applied to Claim 13 above, and further in view of JP 2014-022224 A (JP'224).
As to Claim 16:
JP'538 discloses the secondary battery of claim 13 (JP'538 discloses a laminate battery and further describes a lithium ion secondary battery comprising an electrode body in which electrodes and separators are laminated and housed within an outer package 2 made of a metal laminate film 20 including a metal layer 22 and resin layers (pp. 1–3), and wherein the laminate includes a heat-sealing resin layer 23 and an exterior resin layer 21 stacked with the metal layer 22 (p. 3), and further teaches that the metal layer is provided with a portion penetrating from one surface to the other surface to serve as a vent part (p. 3));
However, JP'538 does not explicitly disclose that a nylon layer is further stacked between the aluminum sheet and the second polymer layer, as JP'538 describes the exterior resin layer 21 as being formed of a polyester film such as PET or alternatively a nylon film, but not as a separate intermediate layer between the aluminum layer and another polymer layer (p. 7).
JP'224 discloses a secondary battery utilizing a laminate container formed of a laminate film comprising a metal layer and multiple resin layers (pp. 1–2), wherein the laminate film includes a metal layer and a plurality of resin layers including an intermediate layer disposed between the metal layer and an outermost layer (p. 3), and further teaches that the laminate film structure includes multiple resin layers arranged on both sides of the metal layer (pp. 3–4), thereby teaching a multi-layer resin structure in which an additional resin layer is disposed between the metal layer and another polymer layer.
JP'538 and JP'224 are analogous arts because they both belong to the technical field of secondary battery packaging and specifically address the material composition and layer arrangement of laminate pouches to ensure the safety and structural integrity of the battery case.
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to modify the laminate structure of JP'538 by incorporating the multi-layer resin structure taught by JP'224. Specifically, one would be motivated to provide an additional resin layer between the aluminum layer and the outer polymer layer to improve the structural strength and durability of the laminate pouch, as JP'224 explicitly teaches a laminate film including a metal layer and multiple resin layers arranged on both sides of the metal layer (pp. 3–4).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
JP 2011198742 A discloses a laminated type battery capable of securing safety, as a specific site is preferentially opened at abnormal rise of internal pressure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY K VO whose telephone number is (571)272-3242. The examiner can normally be reached Monday - Friday, 8 am to 6 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tong Guo can be reached at (571) 272-3066. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JIMMY VO/
Primary Examiner
Art Unit 1723
/JIMMY VO/ Primary Examiner, Art Unit 1723
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