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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/06/2026 has been entered.
Response to Amendment
In response to the amendment received 07/06/2026, the following have been withdrawn from the previous office action:
35 U.S.C. 103 rejection of claims 1, 3-8, and 10
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3-4, and 7-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20210384574A1, hereafter Ito, in view of Foreign Publication EP3878918A1, hereafter Nakajima.
Regarding claim 1, Ito discloses a method for manufacturing an aluminum plastic film for a lithium battery (Fig 1, [0211] producing thermally fusible member; metal layer 13, adhesive layer 12, thermally fusible resin layer 11; [0217] aluminum foil; [0224] packaging material for lithium ion batteries), comprising:
preparing a polyolefin adhesive ([0195-0196] producing adhesive composition; [0060] component (A) is modified polyolefin), which includes adding a mixed solvent to dissolve a modified polymer ([0155] organic solvent formulated for the purpose of dissolving component (A); [0156] organic solvent may be combination of two or more), and adding the hardener to form the polyolefin adhesive (([0041] cross-linking agent)),
wherein a material of the modified polymer is a modified polyolefin polymer ([0061] component (A) is modified polyolefin with acid anhydride group-containing monomer), the modified polyolefin polymer has a modified group, and a structure of the modified group contains maleic anhydride ([0086] maleic acid anhydride);
wherein the mixed solvent includes a non-polar solvent and a polar solvent ([0156] organic solvent may be combination of two or more), the non-polar solvent is methylcyclohexane, and the polar solvent is a mixture of methyl ethyl ketone and ethyl acetate ([0156] methyl cyclohexane, methyl ethyl ketone, ethyl acetate);
coating the polyolefin adhesive onto one surface of an aluminum foil layer (13) ([0219] adhesive composition applied by coating; [0217] applied on aluminum foil);
disposing an inner polyolefin layer (11) onto the polyolefin adhesive ([0199] thermally fusible resin layer 11; [0201] polyolefin; [0211] bringing adhesive layer 12 into contact with resin film for forming thermally fusible resin layer 11 and pressure bonding); and
drying the polyolefin adhesive ([0219] drying coating film), so that a polyolefin adhesive layer (12) is formed between the aluminum foil layer (13) and the inner polyolefin layer (11) (Fig 1); and
wherein the modified polyolefin polymer has a molecular weight of the modified polyolefin polymer ranges from 40,000 g/mol to 200,000 g/mol ([0111] 40,000 or more and 200,000 or less, which overlaps with the claimed range of 130,000 to 170,000. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05 (I))), an acid value of the modified polyolefin polymer ranges from 5 to 50 mgKOH/g ([0116], which overlaps with the claimed range of 4 mgKOH/g to 8 mgKOH/g. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05 (I))), a melting point of the modified polyolefin polymer ranges from 75°C to 85°C ([0256] Table 1, production examples A1 and A2 have melting points of 85°C and 80°C, respectively), and a melt flow index of from 50 g/10 min to 1000 g/10 min when measured under conditions of 190°C and a load of 2.17 kg ([0114]).
Ito also discloses un-acid-modified polymer pellets with anhydride modifier were stirred and melted and milled at 170°C for producing a test sample ([0315]).
Ito is silent on wherein the modified polymer is in the form of a pellet.
It would have been a prima facie case of obviousness to one of ordinary skill in the art, before the effective filing date of the present invention, to select the form of a pellet for the modified polyolefin for processing as disclosed by Ito in another example as utilizing known forms is well within the ambit of one of ordinary skill in the art.
Ito does not specifically state the melt flow index of the polymer to be 9 g/10 min to 20 g/10 min at 120°C and 2.16 kg, however the examiner notes that since the melt flow index at a given temperature and load is a property of the modified polyolefin polymer, and since the claimed modified polyolefin polymer is met by Ito as stated above, one skilled in the art would understand the melt flow index of for example the modified polyolefin component A1 ([0230]) of Ito to inherently be within the claimed range at the claimed temperature and load. “A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present” (MPEP 2112.01 (II)).
Ito is silent on wherein a mass ratio of the non-polar solvent to the polar solvent ranges from 7:3 to 3:2.
In the analogous art of battery packaging manufacturing, Nakajima discloses wherein a mass ratio of the non-polar solvent ([0043] mixed solvent of (C1), (C2), (C3), and (C4); [0044] (C1) may be methylcyclohexane) to the polar solvent ([0045] (C2) may be combination of methyl ethyl ketone and ethyl acetate) ranges from 7:3 to 3:2 ([0050] combination (i) is (C4) = 0 parts, (C3) = 100 parts, (C1) = 20 to 260 parts, (C2) = 5 to 300 parts; thus, when (C1) = 260 parts, and (C2) = 170 parts, C1:C2 = 1.53:1).
Nakajima further discloses a preferred ratio range of (the solvent (C1) + the solvent (C3))/(the solvent (C2) + the solvent (C4)) = 50 to 70/50 to 30, so that the solution state and the pot life properties of the adhesive composition are not poor ([0050]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Ito to select a ratio of the methylcyclohexane to the mixture of methyl ethyl ketone and ethyl acetate of 1.53:1 as disclosed by Nakajima in order to keep the solution state and the pot life properties of the adhesive composition from being poor, as suggested by Nakajima.
Regarding claim 3, modified Ito further discloses wherein the step of preparing the polyolefin adhesive includes: melting and mixing a polyolefin and a modifier to form the modified pellet at a temperature of from 160°C to 230°C ([0230] melting and mixing copolymer in twin screw extruder with maleic anhydride at 180°C to produce modified copolymer).
Regarding claim 4, Ito discloses wherein the modifier is maleic anhydride ([0230] maleic anhydride).
Regarding claim 7, Ito discloses wherein the modified polyolefin polymer is a propylene random copolymer ([0063] random copolymer of propylene), and the propylene random copolymer is polymerized from a propylene monomer ([0063] random copolymer of propylene); wherein, based on a total weight of the propylene random copolymer being 100 wt%, a proportion of the propylene monomer is greater than 50 Wt% ([0064] propylene unit in the polyolefin is 50% by weight or more).
Regarding claim 8, Ito discloses wherein the modified polyolefin polymer is a propylene random copolymer ([0063] random copolymer of propylene), and the propylene random copolymer is polymerized from an ethylene monomer, a propylene monomer, and a butylene monomer ([0063] random copolymer of propylene and ethylene, ethylene and 1-butene, propylene and 1-butene; [0064] propylene-ethylene-1-butene copolymer).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20210384574A1, hereafter Ito, in view of Foreign Publication EP3878918A1, hereafter Nakajima, as stated above for claim 1, in view of Foreign Publication JP2015096563A, hereafter Watanabe (used previously attached machine translation).
Regarding claim 10, Ito is silent on the method further comprising:
coating a polyester adhesive onto another surface of the aluminum foil layer;
disposing an outer layer onto the polyester adhesive, wherein the outer layer is a nylon layer or a polyester layer; and
drying the polyester adhesive, so that a polyester adhesive layer is formed between the aluminum foil layer and the outer layer.
In the analogous art, Watanabe discloses:
coating ([0059] solution applied as adhesive onto aluminum foil) a polyester adhesive ([0044] adhesive layer 12; polyester) onto another surface of the aluminum foil layer (13) ([0044] adhesive layer 12 bonds outer layer 11 and intermediate layer 13 together; [0045] aluminum foil);
disposing an outer layer onto the polyester adhesive ([0044] adhesive layer 12 bonds outer layer 11 and intermediate layer 13 together), wherein the outer layer is a polyester layer ([0043] outer layer 11 is made of insulating resin, such as polyester); and
drying the polyester adhesive ([0059] adhesive dried at 180°C), so that a polyester adhesive layer is formed between the aluminum foil layer and the outer layer (Fig 1, [0041] an outer layer 11, an adhesive layer 12, an intermediate layer (barrier layer) 13, an adhesive layer 14, and an inner layer 15 are laminated in this order).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Ito with all of the steps discussed above, in order to securely provide an insulating layer to the battery packaging material.
Response to Arguments
Applicant's arguments filed 0 have been fully considered but they are not persuasive.
In response to applicant’s argument regarding claim 1 on page 6 of applicant’s remarks that Ito merely provides a broad listing of possible solvent species and does not disclose or suggest a solvent system including methylcyclohexane as a non-polar solvent and a mixture of methyl ethyl ketone and ethyl acetate as a polar solvent, the examiner disagrees, and notes, as stated in the rejection, that Ito discloses that the solvent may be a mixture of two or more solvents ([0156]), and all three of these solvents are disclosed by Ito as well ([0156]). Further, the examiner notes that a reference may be relied upon for all that it would have reasonably suggested to one having ordinary skill in the art, including nonpreferred embodiments (MPEP 2123 (I)).
In response to applicant’s argument regarding claim 1 on page 6 of applicant’s remarks relating to the new limitation of the 7:3 to 3:2 solvent ratio, this argument is rendered moot in view of the new 35 U.S.C. 103 rejection of claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY HEMINGWAY whose telephone number is (571)272-0235. The examiner can normally be reached M-Th 6-4.
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/T.G.H./Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754
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