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 .
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 1-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Douke (US 2015/0372263 A1).
Regarding claim 1, Douke discloses an apparatus comprising: a base material (protection) layer 1; a metal layer 3, and a sealant (packaging) layer 4 stacked in sequence (see Figure 1 and paragraph 70), wherein the melting point of the sealant layer 4 is 90-245 °C (paragraph 117).
Regarding claims 2-4, Douke discloses that the sealant layer comprises random (atactic) propylene and ethylene (paragraph 106).
Regarding claim 5, Douke discloses that the sealant layer 4 comprises a first sealant layer 4a and a second sealant layer 4b (paragraph 201). Douke discloses that the melting point of the second sealant layer 4b is higher than that of the first sealant layer 4a (paragraph 216).
Regarding claim 6, Douke discloses that the second sealant layer 4b comprises polypropylene (paragraph 212).
Regarding claims 7 and 8, Douke discloses that the first and second sealant layers are adjacent and in contact (paragraph 127). Since either layer can be considered the first or second, either order is possible.
Regarding claims 9 and 10, Douke discloses four sealant layers (paragraph 221).
Regarding claim 11, Douke discloses that the sealant layer is 12-120 microns (paragraph 121).
Regarding claim 12, Douke discloses an adhesive (binding) layer between the sealant layer and metal layers (paragraph 71).
Regarding claim 13, Douke discloses an apparatus comprising: a battery enclosed in a bag (paragraph 391), the bag comprising a base material (protection) layer 1; a metal layer 3, and a sealant (packaging) layer 4 stacked in sequence (see Figure 1 and paragraph 70), wherein the melting point of the sealant layer 4 is 90-245 °C (paragraph 117).
Regarding claim 14, Douke discloses that the battery is sealed in the packaging (paragraph 58). It is the Office’s position that the apparatus would have the same properties because it is the same claimed materials. See MPEP 2112 I.
Regarding claim 15, Douke discloses an electric car (paragraph 2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IMRAN AKRAM whose telephone number is (571)270-3241. The examiner can normally be reached M-F 8a-4p.
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/IMRAN AKRAM/Primary Examiner, Art Unit 1725