DETAILED ACTION
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 30 April 2026 has been entered.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Response to Amendment and Arguments
Applicant’s amendment overcomes the rejection of claims 1, 3-6 and 11-12 under 35 U.S.C. 102(a)(1) over CN210325862U (Kawakita). The rejection has been withdrawn. However, the amendment does not overcome the rejections under 35 U.S.C. 103 of claim 2 over Kawakita and of claims 7-10 over Kawakita in view of Minamibori .
Applicant’s arguments in light of the amendment have been fully considered and are not persuasive.
Applicant argues that Kawakita does not teach the amended total content rate of the wax, resin beads and the inorganic fine particles as the protective resin layer 7 of Kawakita contains solvent remnants . The examiner disagrees. Kawakita expressly discloses the protective layer is formed by drying the mixture of the components ([0114]), thus the protective layer of Kawakita does not contain solvent.
Applicant argues that instant Table 1 provides evidence of the criticality of the claimed content rate. However, the results are from a specific combination of wax, resin beads and fine inorganic particles and of particular sizes, while the claims are directed to a wide range of wax, resin beads and inorganic particles and sizes, thus Applicant's showing is not commensurate in the scope with the claims. MPEP 716.02(d) states: Whether the unexpected results are the result of unexpectedly improved results or a property not taught by the prior art, the "objective evidence of nonobviousness must be commensurate in scope with the claims which the evidence is offered to support." In other words, the showing of unexpected results must be reviewed to see if the results occur over the entire claimed range. In re Clemens, 622 F.2d 1029, 1036, 206 USPQ 289, 296 (CCPA 1980). See also In re Peterson, 315 F.3d 1325, 1329-31,65 USPQ2d 1379, 1382-85 (Fed. Cir. 2003); In re Grasselli, 713 F.2d 731,741,218 USPQ 769, 777 (Fed. Cir. 1983).
Claim Rejections - 35 USC § 103
Claims 1-6 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kawakita.
Regarding claims 1, 3-6 and 11-12, Kawakita teaches a battery packaging material comprises a heat resistant resin layer 2, which meets the claimed substrate layer, laminated with a metal foil layer 4, which meets the claimed barrier layer, via a first adhesive layer (outer adhesive layer ) 5, a heat fusible resin layer (inner layer) 3 laminated on the metal foil layer 4 via a second adhesive layer (inner adhesive layer) 6, and a protective layer 7 laminated on the outer surface of the heat resistant layer 2 ([0012]-[0013], [0059] and Fig. 1), wherein the heat resistant layer 2 is arranged between the protective layer 7 and the metal foil barrier layer 4 (Fig. 1 and abstract).
Kawakita teaches the protective layer comprises a resin material such as polyester and polyurethane resin ([0065] and [0069]), , which meets the claimed binder resin ([0065), a release agent 8 comprising a wax such as a polyethylene wax ([0069] and [0071]), which meets the claimed wax, acrylic resin beads and inorganic fine particles such as silica and barium sulfate ([0076] and [0112])
Kawakita teaches the releasing agent 8 of the protective layer protrudes outward from the surface of the protective resin layer 7 with a protrusion height of 1 μm or more ([0067] and Fig. 2), and the area of the protruding portion of the release agent 8 and/or the release agent aggregates 8 protruding outward from the surface of the protective resin layer 7 and having a protruding height of 1 μm or more is preferably 6% to 15%, and particularly preferably 5% to 10% of the total area of the protective resin layer 7 in a plane view([0068]), which meets the claimed ratio.
Kawakita exemplifies a protective layer comprise a wax of a particle diameter of 9 μm, barium sulfate of 0.8 μm and an acrylic resin bead of 2 μm ([0100] and [0112]), thus the particle size of wax is more than two times larger than that of both the inorganic fine particles and acrylic resin bead.
Kawakita further teaches that the protective layer comprises 60-98 mass% of the resin material([0075]), thus the combined content of wax, resin and resin beads is 2 to 40%, estimated by the examiner (i.e., (100-98)% to 9100-40)%), which overlaps with the claimed combined content and a prima facie case of obviousness exists. In re Wertheim, 541 f. 2d 257,191 USPQ 90(CCPA 1976). See MPEP 2144.05.I.
Generally, differences in ranges will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such ranges is critical. See MPEP 2144.05, In re Boesch, 617 F2d 272, 205 USPQ 215 (CCPA 1980); In re Aller, 220 F2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) and In re Hoeschele, 406 F2d 1403, 160 USPQ 809 (CCPA 1969).
Regarding claim 2, Kawakita further exemplifies a protective layer comprise 100 parts by mass of a polyester resin, 15 parts by mass of a polyurethane resin, 15 parts by mass of wax, 12 parts by mas of an acrylic resin bead and 3 parts by mas of barium sulfate ( [0112] and [0121]), thus the content of the wax is about 10.3% (i.e., 15/(100+15+15+12+3)), the content of acrylic resin bead is about 8.3% (i.e., 12/((100+15+15+12+3)), and the content of barium sulfate is about 2.0% (i.e., 3/(100+15+15+12+3)), which meets the claimed content of wax, resin beads and inorganic fine particles, respectively.
Kawakita teaches that the wax has a particle size of 5 to 10 μm([0066]), the acrylic resin bead has a particle size of 3 to 5 μm ([0076]), and barium sulfate has a particle size of 0.3 to 3 μm ([0076]), which meets the claimed particle size of wax and resin bead, and overlaps with the claimed particle size of inorganic fine particles, respectively.
One of ordinary skill in the art at the time the invention was made would have found it obvious to include inorganic fine particles (i.e., barium sulfate) of the claimed size since it has been held that in the case where the claimed ranges “overlap or lie inside range disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 f. 2d 257,191 USPQ 90(CCPA 1976). See MPEP 2144.05.I.
Generally, differences in ranges will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such ranges is critical. See MPEP 2144.05, In re Boesch, 617 F2d 272, 205 USPQ 215 (CCPA 1980); In re Aller, 220 F2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) and In re Hoeschele, 406 F2d 1403, 160 USPQ 809 (CCPA 1969).
Claims 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Kawakita as applied to claims 1-6 and 11-12 in view of Minamibori.
The teachings of Kawakita are set forth above.
Kawakita does not teaches the presence of a coloring agent in one of the protective layer, heat resistant resin (substrate) layer and/or adhesive layer, neither the presence of a colored layer arranged between the substrate layer and the metal foil (barrier) layer, or adhesive layer and the barrier layer.
Minamibori teaches a packaging material for power storage devices comprise a colored layer arranged between a metal foil layer (i.e., barrier layer) and a base material layer (heat resistant resin layer) on the inner side with respect to the base material layer ([0039] and [0086] and Fig. 1), wherein a colored ink composition comprising a color pigment is printed on the lower surface of the base material/heat-resistance resin layer ([0103]-[0106]), wherein the color of the colored layer can be seen through the base material layer (heat resistant resin layer), which can improve the design of the packaging material, prevent scratching and color separation therefore improve durability ([0038]).
At the time the invention was made it would have been obvious for a person of ordinary skill in the art to include the colored layer/ a colored ink composition of Minamibori in the heat resistant substrate layer and/or between a metal foil layer (i.e., barrier layer) and the heat resistant resin layer of Kawakita. The rationale to do so would have been the motivation provided by the teachings of Minamibori that to do so would predictably improve the design of the packaging material, prevent scratching and color separation therefore improve durability ([0038]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AIQUN LI whose telephone number is (571)270-7736. The examiner can normally be reached Monday-Friday 9:00 am -4:00 pm.
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/AIQUN LI/ Ph.D., Primary Examiner, Art Unit 1766
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