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 1/20/2026 has been fully considered. Claim 9 is cancelled, claims 21 is new and claims 1-8 and 10-21 are pending.
Claim Rejections - 35 USC § 102
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 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 1-3, 5, 7-8, 10-14 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Zhong et al (CN 109988522 A).
A machine translation is being used as the English translation for Zhong et al (CN 109988522 A).
Regarding claim 1, Zhong discloses a binding piece for electrochemical apparatus (tape for an electrochemical device; pg. 1 of Zhong translation) comprising: an insulation layer (second adhesive layer; Fig. 1 #2; pg. 3 of Zhong translation), a substrate layer (conductive layer; Fig. 1 #3; pg. 3 of Zhong translation) and at least one binding layer stacked together (a first adhesive layer; Fig. 1 #1; pg. 3 of Zhong translation), wherein at least one binding layer forms an outer surface of the tape (the first adhesive layer provides an outer surface of the tape; Fig. 1 #1; pg. 3 of Zhong translation), wherein the substrate layer is a metallic layer made of at least one of gold, silver, copper and aluminum (conductive layer comprises a conductive material selected from gold, silver, copper and aluminum; pg. 4 of Zhong translation), wherein the first adhesive layer and the second adhesive layer are electrically insulating (Fig. 1 #1 and #2; pg. 3 of Zhong translation), wherein the second adhesive layer comprises an insulating adhesive polymer comprising nitrile rubber (pg. 4 of Zhong translation), wherein the second adhesive layer has a thickness of 1 to 30 µm (pg. 4 of Zhong translation) and wherein the conductive layer has a thickness of 1 to 50 µm (pg. 4 of Zhong translation).
Since the second adhesive layer comprises an insulating adhesive polymer comprising nitrile rubber, which is the same as Applicant’s preferred material for polymer of the insulation layer in claim 5, and has a thickness of 1 to 30 µm, which fall within the claimed range for the thickness of the insulation layer in claim 3, and the conductive layer comprises a conductive material selected from gold, silver, copper and aluminum; which are the same as some of Applicant’s preferred materials for the substrate layer in claim 1, and has a thickness of 1 to 50 µm, which falls within the claimed range for the thickness of the substrate layer in claim 8; the second adhesive layer and the conductive layer of Zhong would inherently meet the relationships: 10% ≤ L2 ≤ 100% and 1.2 ≤ L1/L2 ≤ 20 where L1 is the elongation rate of the insulation layer and L2 is an elongation rate of the substrate layer.
Regarding claim 2, Zhong discloses the binding piece of claim 1 as noted above and Zhong discloses the binding piece comprising the insulation layer comprising nitrile rubber and having a thickness of 1 to 30 µm (second adhesive layer comprising an insulating adhesive polymer comprising nitrile rubber and having a thickness of 1 to 30 µm; pg. 4 of Zhong translation).
Since the second adhesive layer comprises an insulating adhesive polymer comprising nitrile rubber, which is the same as Applicant’s preferred material for polymer of the insulation layer in claim 5, and has a thickness of 1 to 30 µm, which fall within the claimed range for the thickness of the insulation layer in claim 3; the second adhesive layer would inherently have a tensile strength from 5 MPa to 100 MPa.
Regarding claim 3, Zhong discloses the binding piece of claim 1 as noted above and Zhong discloses the binding piece comprising the insulation layer having a thickness of 1 to 30 µm (second adhesive layer having a thickness of 1 to 30 µm; pg. 4 of Zhong translation)
Regarding claim 5, Zhong discloses the binding piece of claim 1 as noted above and Zhong discloses the binding piece comprising the insulating layer comprising a polymer where the polymer comprises nitrile rubber (the second adhesive layer comprises an insulating adhesive polymer comprising nitrile rubber; pg. 4 of Zhong translation).
Regarding claim 7, Zhong discloses the binding piece of claim 1 as noted above and Zhong discloses the binding piece comprising the substrate layer being a metallic layer made of at least one of gold, silver, copper and aluminum and a having a thickness of 1 to 50 µm (conductive layer comprising a comprising a conductive material selected from gold, silver, copper and aluminum and having a thickness of 1 to 50 µm; pg. 4 of Zhong translation).
Since the conductive layer comprises a conductive material selected from gold, silver, copper and aluminum; which are the same as some of Applicant’s preferred materials for the substrate layer in claim 1, and has a thickness of 1 to 50 µm, which falls within the claimed range for the thickness of the substrate layer in claim 8; the conductive layer would inherently have a tensile strength between 200 MPa and 1500 MPa and an elongation rate between 12% and 200%.
Regarding claim 8, Zhong discloses the binding piece of claim 1 as noted above and Zhong discloses the binding piece comprising the substrate layer having a thickness of 1 to 50 µm (conductive layer having a thickness of 1 to 50 µm; pg. 4 of Zhong translation).
Regarding claim 10, Zhong discloses the binding piece of claim 1 as noted above and Zhong discloses the binding piece comprising at least one binding layer comprising polyurethane and having a thickness of 1 to 30 µm (first adhesive layer comprising an insulating adhesive polymer comprising polyurethane and the thickness of the first adhesive layer being 1 to 30 µm; pg. 4 of Zhong translation).
Since the first adhesive layer comprises an insulating adhesive polymer comprising polyurethane, which is the same as one of Applicant’s preferred materials for the at least one binding layer of a polyurethane compound; the first adhesive layer would inherently have a peel strength between 50 N/m to 1000 N/m.
Regarding claim 11, Zhong discloses the binding piece of claim 1 as noted above and Zhong discloses the binding piece comprising at least one binding layer comprising a polyurethane compound (first adhesive layer comprising an insulating adhesive polymer comprising polyurethane; pg. 4 of Zhong translation).
Regarding claim 12, Zhong discloses the binding piece of claim 1 as noted above and Zhong discloses the binding piece comprising the insulation layer disposed between the substrate layer and the one of the at least one binding layer (a first tie layer between the first adhesive layer and the conductive layer and comprising insulating adhesive polymer; pg. 3 of Zhong translation).
Regarding claim 13, Zhong discloses the binding piece of claim 1 as noted above and Zhong discloses the binding piece comprising the insulation layer comprising a first insulation layer and a second insulation layer (a first tie layer and a second tie layer each comprising insulating adhesive polymer; pg. 3 of Zhong translation) where the one of the at least one binding layer, the first insulation layer, the substrate layer and the second insulation layer are sequentially stacked (the first tie layer is between the first adhesive layer and the conductive layer and the second tie layer is between the second adhesive layer and the conductive layer; pg. 3 of Zhong translation).
The stacked structure of first adhesive layer/first tie layer/conductive layer/second tie layer/second adhesive layer would result in the claimed stacked structure of at least one binding layer/first insulation layer/substrate layer/second insulation layer.
Regarding claim 14, Zhong discloses the binding piece of claim 1 as noted above and Zhong discloses the binding piece comprising the at least one binding layer comprising a first binding layer and a second binding layer (first adhesive layer and second adhesive layer; pg. 3 of Zhong translation) where the first binding layer, the first insulation layer, the substrate layer, the second insulation layer and the second binding layer are sequentially stacked (the first tie layer is between the first adhesive layer and the conductive layer and the second tie layer is between the second adhesive layer and the conductive layer; pg. 3 of Zhong translation).
The stacked structure of first adhesive layer/first tie layer/conductive layer/second tie layer/ second adhesive layer would result in the claimed stacked structure of first binding layer/first insulation layer/substrate layer/second insulation layer/second binding layer.
Regarding claim 16, Zhong discloses an electrochemical apparatus (electrochemical device; pg. 1 of Zhong translation) comprising: an electrode assembly (a lithium ion battery comprising a cathode pole piece, an anode pole piece, an isolating film and a electrolyte; pg. 5 of Zhong translation); a packaging bag (packaging; pg. 5 of Zhong translation) and a binding piece (tape; pg. 5 of Zhong translation); wherein the binding piece comprises: an insulation layer (second adhesive layer; Fig. 1 #2; pg. 3 of Zhong translation), a substrate layer (conductive layer; Fig. 1 #3; pg. 3 of Zhong translation) and at least one binding layer stacked together (a first adhesive layer; Fig. 1 #1; pg. 3 of Zhong translation), wherein at least one binding layer forms an outer surface of the tape (the first adhesive layer provides an outer surface of the tape; Fig. 1 #1; pg. 3 of Zhong translation), wherein the substrate layer is a metallic layer made of at least one of gold, silver, copper and aluminum (conductive layer comprises a conductive material selected from gold, silver, copper and aluminum; pg. 4 of Zhong translation), wherein the first adhesive layer and the second adhesive layer are electrically insulating (Fig. 1 #1 and #2; pg. 3 of Zhong translation), wherein the second adhesive layer comprises an insulating adhesive polymer comprising nitrile rubber (pg. 4 of Zhong translation), wherein the second adhesive layer has a thickness of 1 to 30 µm (pg. 4 of Zhong translation) and wherein the conductive layer has a thickness of 1 to 50 µm (pg. 4 of Zhong translation).
Since the second adhesive layer comprises an insulating adhesive polymer comprising nitrile rubber, which is the same as Applicant’s preferred material for polymer of the insulation layer in claim 5, and has a thickness of 1 to 30 µm, which fall within the claimed range for the thickness of the insulation layer in claim 3, and the conductive layer comprises a conductive material selected from gold, silver, copper and aluminum; which are the same as some of Applicant’s preferred materials for the substrate layer in claim 1, and has a thickness of 1 to 50 µm, which falls within the claimed range for the thickness of the substrate layer in claim 8; the second adhesive layer and the conductive layer of Zhong would inherently meet the relationships: 10% ≤ L2 ≤ 100% and 1.2 ≤ L1/L2 ≤ 20 where L1 is the elongation rate of the insulation layer and L2 is an elongation rate of the substrate layer.
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 15 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Zhong et al (CN 109988522 A).
A machine translation is being used as the English translation for Zhong et al (CN 109988522 A).
Regarding claim 15, Zhong discloses the binding piece of claim 14 as noted above and Zhong discloses the binding piece comprising the at least one binding layer comprising a first binding layer and a second binding layer (first adhesive layer and second adhesive layer; pg. 3 of Zhong translation) where the first binding layer, the first insulation layer, the substrate layer, the second insulation layer and the second binding layer are sequentially stacked (the first tie layer is between the first adhesive layer and the conductive layer and the second tie layer is between the second adhesive layer and the conductive layer; pg. 3 of Zhong translation).
Zhong does not disclose the binding piece comprising a third binding layer disposed between the substrate layer and the first insulation layer and the fourth binding layer disposed between the substrate layer and the second insulation layer.
However, it would have been obvious to one to duplicate the first tie layer and the second tie layer in order to provide a third binding layer disposed between the substrate layer and the first insulation layer and the fourth binding layer disposed between the substrate layer and the second insulation layer.
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 the first tie layer and the second tie layer since the mere duplication of the first tie layer and the second tie layer would produce a known and unexpected result which would be improved adhesion between the first adhesive layer and the conductive layer and improved adhesion.
Regarding claim 21, Zhong discloses the binding piece of claim 15 as noted above and Zhong discloses the binding price comprising the third binding layer and fourth binding layer being a different material than the first binding layer and the second binding layer (polymer of the first adhesive and polymer of the second adhesive layer can be the same or different; pg. 3 of Zhong translation).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Zhong et al (CN 109988522 A) in view of Kawabe et al (US 2017/0244087 A1).
A machine translation is being used as the English translation for Zhong et al (CN 109988522 A).
Regarding claim 4, Zhong discloses the binding piece of claim 1 as noted above Zhong discloses the binding piece comprising insulation layer comprising a binder the second adhesive layer comprises an insulating adhesive polymer comprising nitrile rubber (; pg. 4 of Zhong translation)
Zhong does not disclose the binding piece comprising the insulation layer comprising inorganic insulation particles comprising magnesium oxide.
However, Kawabe discloses a binding piece comprising the insulation layer comprising inorganic insulation particles comprising magnesium oxide (insulating tape comprising the pressure-sensitive adhesive layer comprising an insulating inorganic filler comprising magnesium oxide; paragraphs [0037] and [0039]).
It would have been obvious to one of ordinary skill in the art to modify the binding price of Zhong to include the insulating inorganic filler of Kawabe in the second adhesive layer of Zhong because having an inorganic insulating filler in the pressure-sensitive adhesive layer imparts an insulating property to the pressure-sensitive adhesive layer (paragraph [0063] of Kawabe).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Zhong et al (CN 109988522 A) in view of Cordova et al (US 2017/0348947 A1).
A machine translation is being used as the English translation for Zhong et al (CN 109988522 A).
Regarding claim 6, Zhong discloses the binding piece of claim 1 as noted above.
Zhong does not disclose the binding piece comprising the insulation layer being a non-woven fabric and comprising polyethylene terephthalate.
However, Cordova discloses a binding piece comprising the insulation layer being a non-woven fabric and comprising polyethylene terephthalate (adhesive tape comprising a carrier comprising PET and also being a non-woven material; paragraph [0036]).
It would have been obvious to one of ordinary skill in the art to modify the binding piece of Zhong to include the non-woven carrier of PET between the conductive layer and second adhesive layer of Zhong because having non-woven carrier of a material, such as PET, provides the same mechanical properties in all directions (paragraph [0036] of Cordova).
Claims 16-20 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al (WO 2019/146905 A1) in view of Zhong et al (CN 109988522 A).
Machine translations are being used as the English translations for Choi et al (WO 2019/146905 A1) and Zhong et al (CN 109988522 A).
Regarding claim 16, Choi discloses a electrochemical apparatus (secondary battery; pg. 2 of Choi translation) comprising an electrode assembly (pg. 2 of Choi translation), a packaging bag (case having a space therein; pg. 2 of translation) and a binding piece (finishing tape; pg. 2 of translation).
Choi does not disclose the electrochemical apparatus comprising the binding piece comprising an insulation layer, a substrate layer, and at least one binding layer stacked together; wherein one of the at least one binding layer forms on an outer surface of the binding piece; wherein 10% ≤ L2 ≤ 100% and 1.2 ≤ L1/L2 ≤ 20, wherein L1 is an elongation rate of the insulation layer, and L2 is an elongation rate of the substrate layer
However, Zhong discloses a binding piece for electrochemical apparatus (tape for an electrochemical device; pg. 1 of Zhong translation) comprising: an insulation layer (second adhesive layer; Fig. 1 #2; pg. 3 of Zhong translation), a substrate layer (conductive layer; Fig. 1 #3; pg. 3 of Zhong translation) and at least one binding layer stacked together (a first adhesive layer; Fig. 1 #1; pg. 3 of Zhong translation), wherein at least one binding layer forms an outer surface of the tape (the first adhesive layer provides an outer surface of the tape; Fig. 1 #1; pg. 3 of Zhong translation), wherein the substrate layer is a metallic layer made of at least one of gold, silver, copper and aluminum (conductive layer comprises a conductive material selected from gold, silver, copper and aluminum; pg. 4 of Zhong translation), wherein the first adhesive layer and the second adhesive layer are electrically insulating (Fig. 1 #1 and #2; pg. 3 of Zhong translation), wherein the second adhesive layer comprises an insulating adhesive polymer comprising nitrile rubber (pg. 4 of Zhong translation), wherein the second adhesive layer has a thickness of 1 to 30 µm (pg. 4 of Zhong translation) and wherein the conductive layer has a thickness of 1 to 50 µm (pg. 4 of Zhong translation).
Since the second adhesive layer comprises an insulating adhesive polymer comprising nitrile rubber, which is the same as Applicant’s preferred material for polymer of the insulation layer in claim 5, and has a thickness of 1 to 30 µm, which fall within the claimed range for the thickness of the insulation layer in claim 3, and the conductive layer comprises a conductive material selected from gold, silver, copper and aluminum; which are the same as some of Applicant’s preferred materials for the substrate layer in claim 1, and has a thickness of 1 to 50 µm, which falls within the claimed range for the thickness of the substrate layer in claim 8; the second adhesive layer and the conductive layer of Zhong would inherently meet the relationships: 10% ≤ L2 ≤ 100% and 1.2 ≤ L1/L2 ≤ 20 where L1 is the elongation rate of the insulation layer and L2 is an elongation rate of the substrate layer.
It would have been obvious to one of ordinary skill in the art to modify the electrochemical apparatus of Choi to substitute the finishing tape of Choi for the tape of Zhong because having the required tape prevents short circuit of the battery and provides electrochemical stability (pg. 2 of Zhong translation).
Regarding claim 17, Choi and Zhong disclose the electrochemical apparatus of claim 16 as noted above and Choi discloses the electrochemical apparatus comprising an electrode assembly positioned in the space of the case (electrode assembly disposed in the packaging bag; pg. 2 of Choi translation) and the binding piece disposed between the electrode assembly and the packaging bag and adhered to the outer surface of the electrode assembly (finishing tape coupled to the winding end of the electrode assembly; pg. 2 of Choi translation).
Regarding claim 18, Choi and Zhong disclose the electrochemical apparatus of claim 17 as noted above and Choi discloses the electrochemical apparatus comprising the electrode assembly having a winding structure (pg. 2 of Choi translation), wherein he electrode assembly has a tab (pg. 4 of Choi translation), and one of the at least one binding layer is adhered to the first surface (finishing tape adhered on the end of the electrode assembly; pg. 2 of Choi translation).
Choi does not disclose the secondary battery comprising H1/H2 > 1.
However, it would have been obvious to one of ordinary skill in the art to have H1/H2 > 1 because doing so would provide the desired placement for the tab in the electrode assembly.
Regarding claim 19, Choi and Zhong disclose the electrochemical apparatus of claim 17 as noted above and Choi discloses the electrochemical apparatus comprising the electrode assembly comprising a tab (pg. 4 of Choi translation) and an electrode plate (positive electrode plate and a negative electrode plate; pg. 4 of Choi translation), wherein the electrode plate comprises a connection region where the tab is connected to the electrode plate at the electrode region (tab extends from the electrode assembly; pg. 4 of Choi translation) and an orthographic projection of binding piece and orthographic projection of connection region overlapping in a thickness direction (tab and the finishing tape overlap; Fig. 2; pg. 4 of Choi translation).
Regarding claim 20, Choi discloses an electronic apparatus comprising an electrochemical apparatus (secondary battery for electronic equipment; pg. 2 of Choi translation) comprising an electrode assembly (pg. 2 of Choi translation), a packaging bag (case having a space therein; pg. 2 of translation) and a binding piece (finishing tape; pg. 2 of translation).
Choi does not disclose the electrochemical apparatus comprising the binding piece comprising an insulation layer, a substrate layer, and at least one binding layer stacked together; wherein one of the at least one binding layer forms on an outer surface of the binding piece; wherein 10% ≤ L2 ≤ 100% and 1.2 ≤ L1/L2 ≤ 20, wherein L1 is an elongation rate of the insulation layer, and L2 is an elongation rate of the substrate layer
However, Zhong discloses a binding piece for electrochemical apparatus (tape for an electrochemical device; pg. 1 of Zhong translation) comprising: an insulation layer (second adhesive layer; Fig. 1 #2; pg. 3 of Zhong translation), a substrate layer (conductive layer; Fig. 1 #3; pg. 3 of Zhong translation) and at least one binding layer stacked together (a first adhesive layer; Fig. 1 #1; pg. 3 of Zhong translation), wherein at least one binding layer forms an outer surface of the tape (the first adhesive layer provides an outer surface of the tape; Fig. 1 #1; pg. 3 of Zhong translation), wherein the substrate layer is a metallic layer made of at least one of gold, silver, copper and aluminum (conductive layer comprises a conductive material selected from gold, silver, copper and aluminum; pg. 4 of Zhong translation), wherein the first adhesive layer and the second adhesive layer are electrically insulating (Fig. 1 #1 and #2; pg. 3 of Zhong translation), wherein the second adhesive layer comprises an insulating adhesive polymer comprising nitrile rubber (pg. 4 of Zhong translation), wherein the second adhesive layer has a thickness of 1 to 30 µm (pg. 4 of Zhong translation) and wherein the conductive layer has a thickness of 1 to 50 µm (pg. 4 of Zhong translation).
Since the second adhesive layer comprises an insulating adhesive polymer comprising nitrile rubber, which is the same as Applicant’s preferred material for polymer of the insulation layer in claim 5, and has a thickness of 1 to 30 µm, which fall within the claimed range for the thickness of the insulation layer in claim 3, and the conductive layer comprises a conductive material selected from gold, silver, copper and aluminum; which are the same as some of Applicant’s preferred materials for the substrate layer in claim 1, and has a thickness of 1 to 50 µm, which falls within the claimed range for the thickness of the substrate layer in claim 8; the second adhesive layer and the conductive layer of Zhong would inherently meet the relationships: 10% ≤ L2 ≤ 100% and 1.2 ≤ L1/L2 ≤ 20 where L1 is the elongation rate of the insulation layer and L2 is an elongation rate of the substrate layer.
It would have been obvious to one of ordinary skill in the art to modify the electronic apparatus of Choi to substitute the finishing tape of Choi for the tape of Zhong because having the required tape prevents short circuit of the battery and provides electrochemical stability (pg. 2 of Zhong translation).
Response to Arguments
Applicant's arguments filed 1/20/2026 have been fully considered but they are not persuasive.
Applicants argue that Zhong does not disclose the substrate layer being a metallic layer made of at least one of gold, gold alloy, silver, silver alloy, platinum, platinum alloy, copper, copper alloy, magnesium, magnesium alloy, aluminum, aluminum alloy, titanium alloy, nickel, nickel alloy, stainless steel or another iron alloy.
This argument is not persuasive there is no definition in Applicant’s Specification for “metallic layer”. A metallic layer can be any layer that contains metal. This can include a layer that consists of metal or a layer containing metal particles. The conductive layer of Zhong would be considered to be a metallic layer as it contains metal particles. Based on these reasons, the conductive layer of Zhong would be a metallic layer.
Applicants argue that the cited prior art does not disclose the relationships: 10% ≤ L2 ≤ 100% and 1.2 ≤ L1/L2 ≤ 20 where L1 is the elongation rate of the insulation layer and L2 is an elongation rate of the substrate layer.
This argument is not persuasive as the relationships: 10% ≤ L2 ≤ 100% and 1.2 ≤ L1/L2 ≤ 20 where L1 is the elongation rate of the insulation layer and L2 is an elongation rate of the substrate layer would inherently be met by the tape of Zhong.
Since the second adhesive layer comprises an insulating adhesive polymer comprising nitrile rubber, which is the same as Applicant’s preferred material for polymer of the insulation layer in claim 5, and has a thickness of 1 to 30 µm, which fall within the claimed range for the thickness of the insulation layer in claim 3, and the conductive layer comprises a conductive material selected from gold, silver, copper and aluminum; which are the same as some of Applicant’s preferred materials for the substrate layer in claim 1, and has a thickness of 1 to 50 µm, which falls within the claimed range for the thickness of the substrate layer in claim 8; the second adhesive layer and the conductive layer of Zhong would inherently meet the relationships: 10% ≤ L2 ≤ 100% and 1.2 ≤ L1/L2 ≤ 20 where L1 is the elongation rate of the insulation layer and L2 is an elongation rate of the substrate layer.
Also, compared to the data in Applicant’s Specification. The Examiner is relying on the thickness of the layers as well in regard to inherency, which the data does not refer to in regard to the elongation rates.
Applicants argue that the duplication of parts does not address the specific arrangement of layers.
This argument is not persuasive as the stacked structure of first adhesive layer/first tie layer/conductive layer/second tie layer/ second adhesive layer would result in the claimed stacked structure of first binding layer/first insulation layer/substrate layer/second insulation layer/second binding layer.
Duplicating the tie layers which also function as binding layers would provide the a third binding layer between the substrate layer and first insulation layer and a fourth binding layer between the substrate layer and the second insulation layer.
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 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/Examiner, Art Unit 1785
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