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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 1-3 is/are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “a 5% weight loss temperature of the binder resin”. It is unclear what “a weight loss temperature” means. This is not a term of art, and it is not defined by the specification.
Claim 3 recites “glassy protective layer”. It is unclear what structural or compositional limitations are required for layer to be considered “glassy”. The specification does not define “glassy protective layer”. A person of ordinary skill in the art would not be able to reasonably determine the scope of the claim.
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.
Claim(s) 1-2 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Dai et al. (US 20180102514 A1).
Regarding claim 1, Dai, drawn to packaging material for power storage device, discloses a laminated film (para 49, “packaging material 10” and/or para 184, “packaging material 100"; fig 1-3) comprising: a metallic foil 13/113 (para 49, ”metal foil layer 13” and/or para 184, “barrier layer 113 made of metal foil"; fig 1-3); and a sealant forming layer 15/111 (para 118, “sealant layer 15” constituting “inorganic filler 16” and/or para 184, “sealant layer 111” constituting para 198, “high melting point material 116”; fig 1-3) laminated on the metallic foil 13/113, the sealant forming layer including glass frit 16/116 (para 119, 199) and binder resin 15/111 (resin in layer 15/111, para 111-120, 187-196) mutually joining the glass frit (figs 1-3, para 49-128; 183-1247); wherein 5% weight loss temperature of the binder resin is lower than a glass transition point of glass constituting the glass frit (figs 1-3, para 49-128; 183-1247). The binder resin of Dai (para 223, “urethane resin”) is the same as resin disclosed by applicant in specifications (para 32, “urethane resin”). As such, 5% weight loss temperature of urethane binder resin disclosed by Dai is the same as “5% weight loss temperature” claimed in the instant application. Similarly, the glass constituting the glass frit of Dai (para 119, “zinc oxide”) is the same as glass disclosed by applicant in the specifications (para 39, “ZnO”). Accordingly, because Dai discloses identical binder resin and identical glass as recited in the instant application, the thermal properties including the 5% weight loss temperature of the binder resin and the glass transition point of glass constituting the glass frit are necessarily the same as claimed in instant application. MPEP 2112
Regarding claim 2, Dai discloses the glass transition point of the glass constituting the glass frit is 2500C or higher and 5000C or lower (para 119). As stated in claim 1, the glass constituting the glass frit of Dai (para 119, “zinc oxide”) is the same as glass disclosed by applicant in the specifications (para 39, “ZnO”). Accordingly, because Dai discloses identical glass as recited in the instant application, the thermal properties including the glass transition point of glass constituting the glass frit are necessarily the same as claimed in instant application. MPEP 2112
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Dai et al. (US 20180102514 A1).
Regarding claim 3, Dai discloses a protective layer (para 49/184/220, “substrate layer 11/115”; fig 1-3, said layer serves to “prevent breakage of the barrier layer”), wherein the protective layer, the metallic foil (para 49, ”metal foil layer 13” and/or para 184, “barrier layer 113 made of metal foil"; fig 1-3), and the sealant forming layer (para 118, “sealant layer 15” and/or para 184, “sealant layer 111” fig 1-3)) are included in the laminated film in this order (para 185; fig 1-3).
Dai does not explicitly use the term “glassy” to describe the protective layer (substrate layer 11/115).
Dai discloses the protective layer (substrate layer 115) constitutes “fillers such as silica” for anti-blocking purposes (para 224). There are a finite number of forms of silica- either crystalline or amorphous. Amorphous silica is glass, and thus use of amorphous silica in layer 11/115 would read on the term “glassy protective layer”.
A skilled artisan would have predictably chosen silica, specifically in amorphous form with reasonable expectation of success for anti-blocking purposes. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to choose amorphous silica for the protective layer, as amorphous silica has a reasonable expectation of success because it’s one of a finite number of predictable solutions as disclosed by Dai above. The presence of said amorphous silica would render the layer “glassy” for the reasons detailed above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Takezawa et al. (JP 2002225197 A) discloses a laminated film with anti-blocking agent and resin material. It further discloses anti-blocking agent is glass powder (para 13-13).
Shibata et al. (JP H11246705 A) discloses resin composition having excellent slip properties and transparency. It further discloses specific types of glass that can be used such as soda lime glass (para 9-13).
Sato et al. (WO2015030144 A1) discloses laminate with protective layer which contains filler component consisting of scratch resistant material such as glass powder (para 27).
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/A.K./Examiner, Art Unit 1746
/CHRISTOPHER T SCHATZ/Primary Examiner, Art Unit 1746
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