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 .
Response to Amendment
In response to the amendment received 03/02/2026, the following have been withdrawn from the previous office action:
35 U.S.C. 102 rejections of claims 1 and 7-9
35 U.S.C. 103 rejection of claim 2
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 and 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20210384574A1, hereafter Ito.
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), wherein components of the polyolefin adhesive include a modified polyolefin polymer ([0061] component (A) is modified polyolefin with acid anhydride group-containing monomer) and a hardener ([0041] cross-linking agent); wherein the modified polyolefin polymer has a modified group, a structure of the modified group contains maleic anhydride ([0086] maleic acid anhydride);
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 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)).
Regarding claim 3, Ito further discloses wherein the step of preparing the polyolefin adhesive includes: melting and mixing a polyolefin and a modifier to form a modified polymer 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), and using the modified polymer to prepare the polyolefin adhesive ([0061] component (A) of adhesive composition is modified polyolefin with acid anhydride group-containing monomer); wherein a material of the modified polymer is the modified polyolefin polymer ([0230] production of component (A)).
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 polyolefin and the modified polymer are in the form of a pellet.
It would have been prima facie obvious 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 and unmodified polyolefin for processing as Ito elsewhere discloses for the test sample, since the polymer and modified polymer must have a form, and the pellet form is one such form found in the same disclosure.
Regarding claim 4, Ito discloses wherein the modifier is maleic anhydride ([0230] maleic anhydride).
Regarding claim 5, Ito further discloses wherein the step of preparing the polyolefin adhesive 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; wherein a material of the modified polymer is the modified polyolefin polymer, the mixed solvent includes a non-polar solvent and a polar solvent ([0156] methyl cyclohexane, methyl ethyl ketone, ethyl acetate; [0156] organic solvent may be combination of two or more), and a mass ratio of the non-polar solvent to the polar solvent ranges from 4:1 to 3:2 (page 14, table 2, methyl cyclohexane at 68g, methyl ethyl ketone at 17g, which is 4:1).
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 prima facie obvious 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 Ito elsewhere discloses for the test sample, since the modified polymer must have a form, and the pellet form is one such form found in the same disclosure.
Regarding claim 6, Ito discloses wherein the non-polar solvent is methylcyclohexane, and the polar solvent is methyl ethyl ketone (page 14, table 2, component A1, methyl cyclohexane at 68g, methyl ethyl ketone at 17g).
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, as stated above for claim 1, in view of Foreign Publication JP2015096563A, hereafter Watanabe (used 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 to add an outer polyester layer and polyester adhesive to bond the outer layer to the other side of the aluminum foil, in order to securely provide an insulating layer to the battery packaging material.
Response to Arguments
Applicant's arguments filed 03/02/2026 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 provides no teaching or suggestion regarding the specific selection of the narrow ranges of molecular weight, acid value, melting point, and melt flow index, the examiner notes, as stated in the rejection, the ranges disclosed in Ito overlap with the claimed ranges, and 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)), absent any evidence of criticality or unexpected results, which has not been demonstrated by applicant.
In response to applicant’s argument regarding claim 1 on page 6 of applicant’s remarks that one of ordinary skill in the art would not have been motivated to combine these specific narrow ranges so as to solve the technical problem of maintaining high adhesion strength over a long period within a harsh electrolyte environment, the examiner disagrees, and further recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, the claimed ranges overlap with the ranges of the primary reference, Ito, and overlapping ranges are sufficient to establish a prima facie case of obviousness (MPEP 2144.05 (I)). Further, the examiner notes regarding the stated technical problem of maintaining high adhesion strength over a long period within a harsh electrolyte environment, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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
/SEYED MASOUD MALEKZADEH/Primary Examiner, Art Unit 1754