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 .
Examiner’s Comments
Applicants’ response filed on 5/20/2026 has been fully considered. Claims 1-4, 6 and 8-12 are pending.
The Examiner is presenting a new non-final rejection due to the limitation of the auxiliary layer comprising OPS not being met by Miyata and Kim ‘471.
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.
Claims 1-4, 6 and 10-12 is rejected under 35 U.S.C. 103 as being unpatentable over Miyata et al (JP 2008-103131 A) in view of Kim et al (WO 2021/101082 A1).
A machine translation is being used as the English translation for Miyata et al (JP 2008-103131 A). Kim et al (US 2022/0367901 A1) is being used as the English translation for Kim et al (WO 2021/101082 A1).
Regarding claim 1, Miyata disclose a secondary battery (pg. 4 of Miyata translation) comprising:
a cylindrical can (case; Fig. 1 #4; pg. 4 of Miyata translation);
an electrode assembly in the cylindrical can with an electrolyte (electrode group in the can with an electrolyte; pg. 4 of Miyata translation), the electrode assembly comprising a cathode and an anode (electrode group comprises a positive electrode plate and a negative electrode plate; Fig. 1 #5; pg. 4 of Miyata translation);
a cap assembly coupled to a top of the cylindrical can (sealing plate coupled to the top of the case; Fig. 1 #1; pg. 4 of Miyata translation); and
a plate-shaped upper insulating plate between the electrode assembly and the cap assembly (insulating plate between the electrode group and the sealing plate; Fig. 1 #4; pg. 4 of Miyata translation), the plate-shaped upper insulating plate (insulating plate; Fig. 1 #4; pg. 4 of Miyata translation) comprising:
a main layer having a plurality of pores extending between an upper surface and a lower surface thereof (base material for insulating plate and being a mesh; pg. 4 of Miyata translation); and
an auxiliary layer adhered to at least one surface of the main layer (insulating material coated on upper surface of insulating plate; pg. 4 of Miyata translation).
Miyata does not disclose the secondary battery comprising the auxiliary layer comprising at least one of nylon, polystyrene (PS), or oriented polystyrene (OPS).
However, Kim ‘082 discloses a secondary battery (paragraph [0033]) comprising a cylindrical can (battery case; paragraph [0044]) and an auxiliary layer comprising polystyrene (OPS) (top insulator comprising insulating fibers comprising polystyrene or polypropylene; paragraphs [0049] and [0059]).
The insulating material of Miyata comprises polypropylene (see pg. 4 of Miyata translation).
It would have been obvious to one of ordinary skill in the art to modify the secondary battery of Miyata to substitute the polypropylene of the insulating material of Miyata for the polystyrene insulating fibers of Kim ‘082 because having an insulator with insulating fibers of polystyrene exhibits electrical insulating properties so that it is possible to prevent the occurrence of a short circuit (paragraph [0043] of Kim ‘082).
Regarding claim 2, Miyata and Kim ‘082 discloses the secondary battery of claim 1 as noted above and Miyata discloses the secondary battery comprising the main layer is a mesh film having regular pores extending between the upper and lower surfaces (insulating plate comprises a base material and having holes or notches; Fig. 1; pg. 4 of Miyata translation).
Regarding claim 3, Miyata and Kim ‘082 discloses the secondary battery of claim 1 as noted above and Miyata discloses the secondary battery comprising the main layer being stainless steel (base material comprising a SUS 304 metal plate; pg. 7 of Miyata translation).
Regarding claim 4, Miyata and Kim ‘082 discloses the secondary battery of claim 1 as noted above and Miyata discloses the secondary battery comprising main layer being a mesh film (the insulating plate comprises a base material and has holes or notches; Fig. 1; pg. 4 of Miyata translation)
Miyata does not disclose the secondary battery comprising the main layer having a mesh count in a range of 16 x 18 to 32 x 32 and a pore size of at least 700 µm.
However, it would have been obvious to one of ordinary skill in the art to adjust the amount of holes or notches in the base material in order to provide a mesh film with a mesh count in a range of 16 x 18 to 32 x 32 and to adjust the size of the holes or notches such that the pore size is at least 700 µm because doing so would provide the desired function as an insulator and the required strength at high temperatures (pg. 4 of Miyata translation).
Regarding claim 6, Miyata and Kim ‘082 disclose the secondary battery of claim 1 as noted above.
Miyata does not disclose the secondary battery comprising the main layer being a nonwoven fabric.
However, Kim ‘082 discloses a secondary battery comprising the main layer being a nonwoven fabric (top insulator comprising a non-woven fabric; paragraph [0042]).
It would have been obvious to one of ordinary skill in the art to modify the secondary battery of Miyata to substitute the base material of Miyata for the nonwoven fabric of Kim ‘082 because having an insulator with insulating fibers of polystyrene exhibits electrical insulating properties so that it is possible to prevent the occurrence of a short circuit (paragraph [0043] of Kim ‘082).
Regarding claim 10, Miyata and Kim ‘082 discloses the secondary battery of claim 6 as noted above and Miyata discloses the secondary battery comprising the thickness of the auxiliary layer being 0.05 mm or more (thickness of the insulating material being 0.4 mm; Fig. 1; pg. 7 of Miyata translation).
The thickness of the insulating material overlaps the claimed range for the thickness of the auxiliary layer.
It would have been obvious to one of ordinary skill in the art to select any portion of the disclosed ranges including the instantly claimed ranges from the ranges disclosed in the prior art reference in order to prevent contact with the metal plate (pg. 4 of Miyata translation). It has been held that “[i]n the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists.” Please see MPEP 2144.05, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); and In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 11, Miyata and Kim ‘082 discloses the secondary battery of claim 1 as noted above.
Miyata does not disclose the secondary battery comprising the auxiliary layer comprising at least one of nylon, polystyrene (PS), or oriented polystyrene (OPS).
However, Kim ‘082 discloses a secondary battery (paragraph [0033]) comprising a cylindrical can (battery case; paragraph [0044]) and an auxiliary layer comprising polystyrene (OPS) (top insulator comprising insulating fibers comprising polystyrene or polypropylene; paragraphs [0049] and [0059]).
The insulating material of Miyata comprises polypropylene (see pg. 4 of Miyata translation).
It would have been obvious to one of ordinary skill in the art to modify the secondary battery of Miyata to substitute the polypropylene of the insulating material of Miyata for the polystyrene insulating fibers of Kim ‘082 because having an insulator with insulating fibers of polystyrene exhibits electrical insulating properties so that it is possible to prevent the occurrence of a short circuit (paragraph [0043] of Kim ‘082).
Miyata and Kim ‘082 do not disclose the secondary battery comprising the main layer being polystyrene.
However, it would have been obvious to duplicate the top insulator of Kim ‘082 in order to provide a main layer being polystyrene.
It has been held that "mere duplication of parts has no patentable significance unless a new and unexpected result is produced". Please see MPEP 2144.04 and In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). It would be obvious to duplicate OPS heat shrinkable film since the mere duplication of the top insulator would produce a known and unexpected result which would be increased electrical insulating properties so that it is possible have increased prevention of an occurrence of a short circuit
Regarding claim 12, Miyata and Kim ‘082 disclose the secondary battery of claim 1 as noted above and Miyata discloses the secondary battery comprising the plate-shaped upper insulating plate having a hole extending therethrough (pg. 4 of Miyata translation).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Miyata et al (JP 2008-103131 A) in view of Kim et al (WO 2021/101082 A1) in further view of Kim (US 2009/0269664 A1).
A machine translation is being used as the English translation for Miyata et al (JP 2008-103131 A). Kim et al (US 2022/0367901 A1) is being used as the English translation for Kim et al (WO 2021/101082 A1).
Regarding claim 8, Miyata and Kim ‘082 disclose the secondary battery of claim 6 as noted above.
Miyata and Kim ‘082 do not disclose the secondary battery comprising the auxiliary layer bonded to at least one of the upper and lower surfaces of the main layer by acrylic adhesive.
However, Kim ‘664 discloses the secondary battery comprising the auxiliary layer bonded to at least one of the upper and lower surfaces of the main layer by acrylic adhesive (insulating member #23c having an adhesive layer attached to one side where the adhesive layer is ethylene acetic acid vinyl copolymer; paragraphs [0056]-[0057]).
It would have been obvious to one of ordinary skill in the art to modify the secondary battery of Miyata and Kim ‘082 to include the adhesive layer of Kim ‘664 between the base material and insulating material of Miyata because having the required adhesive layer provides improved adhesion between layers.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Miyata et al (JP 2008-103131 A) in view of Kim et al (WO 2021/101082 A1) in further view of Kim (US 2011/0297302 A1).
A machine translation is being used as the English translation for Miyata et al (JP 2008-103131 A). Kim et al (US 2022/0367901 A1) is being used as the English translation for Kim et al (WO 2021/101082 A1).
Regarding claim 9, Miyata and Kim ‘082 disclose the secondary battery of claim 6 as noted above.
Miyata and Kim ‘082 do not disclose the secondary battery comprising the electrolyte being LiPF6 dissolved in a solvent having EC, EMC, DEC, PC and DMC mixed in equal volume ratios.
However, Kim ‘302 discloses the secondary battery comprising an electrolyte of LiPF6 (paragraphs [0093] and [0166]) and at least one carbonate solvent comprising EC, EMC, DEC, PC and DMC (paragraph [0093]).
Kim ‘302 does not disclose the secondary battery comprising solvent having EC, EMC, DEC, PC and DMC mixed in equal volume ratios.
However, it would have been obvious to one of ordinary skill in the art to adjust the amounts of EC, EMC, DEC, PC and DMC such that they are in equal ratio because doing so allows for the solvent to be easily permeated between molecules of the polymer in the base layer and has the base layer exhibiting an adhesive property (paragraph [0093] of Kim ‘302).
It would have been obvious to one of ordinary skill in the art to modify the secondary battery of Miyata and Kim ‘082 to substitute the electrolyte and solvent of Miyata for the electrolyte and solvent of Kim ‘302 because doing so allows for the solvent to be easily permeated between molecules of the polymer in the base layer and has the base layer exhibiting an adhesive property (paragraph [0093] of Kim ‘302).
Response to Arguments
Applicant’s arguments, see pg. 2, filed 5/20/2026, with respect to the 112(d) rejections have been fully considered and are persuasive.
The 112(d) rejections have been withdrawn.
Applicant's arguments filed 5/20/2026 have been fully considered but they are not persuasive.
Applicants argue that it would not be obvious to use the OPS heat shrinkable film in Kim ‘471 as it does not react with a electrolytic solution.
This argument is persuasive as it would not be obvious to use the OPS heat shrinkable film in Kim ‘471 as it does not react with a electrolytic solution. Therefore, the previous rejections involving Kim ‘471 have been withdrawn. However, new grounds of rejection have been noted above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SATHAVARAM I REDDY whose telephone number is (571)270-7061. The examiner can normally be reached Monday-Friday 9:00 AM-6:00 PM EST.
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/SATHAVARAM I REDDY/Primary Examiner, Art Unit 1785
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