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 .
Response to Amendment
In response to the amendment received August 25, 2026:
Claims 1-19 are pending.
The previous 112 rejections have been withdrawn in light of the amendment.
The previous provisional nonstatutory double patenting rejection regarding copending Application No. 18/287,694 is withdrawn in light of the terminal disclaimer filed.
The core of the previous prior art rejection is maintained with slight changes made in light of the amendment. All changes to the rejection are necessitated by the amendment.
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.
Claims 1-19 are rejected under 35 U.S.C. 103 as being unpatentable over Hiraki et al. (WO 2019/244971A) in view of Echizen et al. (JP 2017/062872A). The U.S. version of Hiraki et al. (US 2021/0234222) is used as the English machine translation and is referenced below. The English machine translation of Echizen et al. is attached and is referenced below.
Regarding Claim 1, Hiraki et al. teaches an adhesive film for sealing a battery element (Para. [0065]) such as storage batteries (Para. [0177]) (i.e. that is used for an electrical storage device), the battery element (Fig. 2, #4) sealed in a packaging material (Fig. 2, #3) (Para. [0069]) (i.e. the electrical storage device having a structure in which an electrical storage device element housed in a packaging formed of an exterior material for electrical storage devices), the packaging material (Fig. 6, #3) (i.e. exterior material for electrical storage devices) includes a laminated sheet including at least a base material layer (Fig. 6. #31), a barrier layer (Fig. 6, #33), and a heat-sealable resin layer (Fig. 6, #34) (Para. [0048]) in this order (Para. [0151]) wherein the base material layer is an outermost layer (Para. [0152]) (i.e. in this order from the outside), wherein the heat-sealable resin layer is heat sealed with itself to provide the battery with the packaging material (Para. [0176]) (i.e. the electrical storage device element being housed in the packaging by heat-sealing portions of the heat-sealable resin layer of the exterior material for electrical storage devices) wherein the adhesive film is interposed between the metal terminal and heat-sealable resin layer to enable formation of a flange portion wherein the heat-sealable resin layer is heat-sealed with itself (Para. [0176]) (i.e. the adhesive film being used by being interposed between the portions of the heat-sealable resin layer at a location where portions of the heat-sealable resin layer are heat-sealed), the adhesive film having a multi-layered structure (Fig. 4 and 5, #1) and the adhesive film including at least one resin layer (Para. [0013]) having a melting peak within the range of 120 degrees Celsius or higher and 156 degrees Celsius or lower (i.e. the adhesive film including at least one resin layer L having a melting peak temperature overlapping with the range of 100 degrees Celsius or higher and 135 degrees or lower) (Para. [0014]) and a metal terminal (Fig. 2, #2) protruding to the outside of the exterior material (i.e. the electrical storage device includes a metal terminal being electrically connected to the electrical storage device element and protrudes to the outside of the exterior material for electrical storage devices). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I).
Hiraki et al. does not teach the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal.
However, Echizen et al. teaches an internal pressure release tab (Fig. 1, #7) (i.e. an adhesive film) having a thermoplastic resin (i.e. resin layer) (Para. [0036]) and a metal terminal (Fig. 1, #2 and #3) wherein the internal pressure tab is provided where the pair of electrode terminals do not protrude (Para. [0035]) (i.e. the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hiraki et al. to incorporate the teaching of the location of the internal pressure release tab (i.e. adhesive film) as taught by Echizen et al., as such a structure allows gas in the storage space to be quickly discharged to the outside, suppressing deterioration of the battery performance due to an increase in the internal pressure of the storage space (Para. [0069]).
Regarding Claim 2, Hiraki et al. as modified by Echizen et al. teaches all of the elements of the invention of claim 1 as explained above.
Hiraki et al. does not teach wherein a melting peak temperature of the resin layer is lower by 5 degrees or more than a melting peak of the heat-sealable resin layer of the exterior material for electrical storage devices.
However, Echizen et al. teaches an internal pressure release tab (Fig. 3, #7) (i.e. an adhesive film) having a thermoplastic resin (i.e. resin layer L) (Para. [0036]) that has a melting point that is 30 degrees Celsius or more lower than (i.e. a melting peak temperature of the resin layer L is lower by 5 degrees Celsius or more than) the melting point of a polypropylene resin of the sealant layers (Fig. 6, #601) (i.e. a melting peak temperature of a heat-sealable resin layer) wherein the sealant layers are part of the battery case (i.e. of the exterior material for electrical storage devices).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the melting peak temperature of the heat-sealable resin layer of Hiraki et al. to incorporate the teaching of the resin layer melting point is 30 degrees Celsius or more lower than a melting peak temperature of a heat-sealable resin layer of the exterior material for electrical storage devices as taught by Echizen et al., as this would allow for gas in the inside space to be quickly discharged to the outside, suppressing deterioration of the battery performance due to an increase in the internal pressure of the storage space (Para. [0069]).
Regarding Claim 3, Hiraki et al. as modified by Echizen et al. teaches all of the elements of the invention of claim 1 as explained above.
Hiraki et al . further teaches the adhesive film includes a resin layer having a polyolefin backbone (Para. [0065]) (i.e. wherein the resin layer L contains a polyolefin backbone).
Regarding Claim 4, Hiraki et al. as modified by Echizen et al. teaches all of the elements of the invention of claim 1 as explained above.
Hiraki et al. further teaches the thickness of the adhesive film (Fig. 4, #1) comprising the resin layer (Fig. 5, #10) is 40 to 200 micrometers (Para. [0078]) (i.e. wherein a thickness of the resin layer L is 0.1 micrometers or more).
Regarding Claim 5, Hiraki et al. as modified by Echizen et al. teaches all of the elements of the invention of claim 1 as explained above.
Hiraki et al. further teaches the thickness of the adhesive film is 40 to 200 micrometers (Para. [0078]) (i.e. wherein a thickness of the adhesive film is 5 micrometer or more and 500 micrometers or less).
Regarding Claim 6, Hiraki et al. teaches an adhesive film for sealing a battery element (Para. [0065]) such as storage batteries (Para. [0177])), the battery element (Fig. 2, #4) sealed in a packaging material (Fig. 2, #3) (Para. [0069]) (i.e. an electrical storage device having a structure in which an electrical storage device element housed in a packaging formed of an exterior material for electrical storage devices), the packaging material (Fig. 6, #3) (i.e. exterior material for electrical storage devices) includes a laminated sheet (i.e. a laminate) including at least a base material layer (Fig. 6. #31), a barrier layer (Fig. 6, #33), and a heat-sealable resin layer (Fig. 6, #34) (Para. [0048]) in this order (Para. [0151]) wherein the base material layer is an outermost layer (Para. [0152]) (i.e. in this order from the outside), wherein the heat-sealable resin layer is heat sealed with itself to provide the battery with the packaging material (Para. [0176]) (i.e. the electrical storage device element being housed in the packaging by heat-sealing the portions of the heat-sealable resin layer of the exterior material for electrical storage devices) wherein the adhesive film is interposed between the metal terminal and heat-sealable resin layer to enable formation of a flange portion wherein the heat-sealable resin layer is heat-sealed with itself (Para. [0176]) (i.e. the adhesive film being used by being interposed between the portions of the heat-sealable resin layer at a location where the portions of the heat-sealable resin layer are heat-sealed), the adhesive film having a multi-layered structure (Fig. 4 and 5, #1) and the adhesive film including at least one resin layer (Para. [0013]) having a melting peak within the range of 120 degrees Celsius or higher and 156 degrees Celsius or lower (i.e. the adhesive film including at least one resin layer L having a melting peak temperature overlapping with the range of 100 degrees Celsius or higher and 135 degrees or lower) (Para. [0014]) and a metal terminal (Fig. 2, #2) protruding to the outside of the exterior material (i.e. the electrical storage device includes a metal terminal being electrically connected to the electrical storage device element and protrudes to the outside of the exterior material for electrical storage devices). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I).
Hiraki et al. does not teach the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal.
However, Echizen et al. teaches an internal pressure release tab (Fig. 1, #7) (i.e. an adhesive film) having a thermoplastic resin (i.e. resin layer) (Para. [0036]) and a metal terminal (Fig. 1, #2 and #3) wherein the internal pressure tab is provided where the pair of electrode terminals do not protrude (Para. [0035]) (i.e. the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hiraki et al. to incorporate the teaching of the location of the internal pressure release tab (i.e. adhesive film) as taught by Echizen et al., as such a structure allows gas in the storage space to be quickly discharged to the outside, suppressing deterioration of the battery performance due to an increase in the internal pressure of the storage space (Para. [0069]).
Regarding Claim 7, Hiraki et al. teaches an adhesive film for sealing a battery element (Para. [0065]) such as storage batteries (Para. [0177])), the battery element (Fig. 2, #4) sealed in a packaging material (Fig. 2, #3) (Para. [0069]) (i.e. an electrical storage device having a structure in which an electrical storage device element housed in a packaging formed of an exterior material for electrical storage devices), the packaging material (Fig. 6, #3) (i.e. exterior material for electrical storage devices) includes a laminated sheet (i.e. a laminate) including at least a base material layer (Fig. 6. #31), a barrier layer (Fig. 6, #33), and a heat-sealable resin layer (Fig. 6, #34) (Para. [0048]) in this order (Para. [0151]) wherein the base material layer is an outermost layer (Para. [0152]) (i.e. in this order from the outside), wherein the heat-sealable resin layer is heat sealed with itself to provide the battery with the packaging material (Para. [0176]) (i.e. the electrical storage device element being housed in the packaging by heat-sealing the portions of the heat-sealable resin layer of the exterior material for electrical storage devices) wherein the adhesive film is interposed between the metal terminal and heat-sealable resin layer to enable formation of a flange portion wherein the heat-sealable resin layer is heat-sealed with itself (Para. [0176]) (i.e. the adhesive film being used by being interposed between the portions of the heat-sealable resin layer at a location where the portions of the heat-sealable resin layer are heat-sealed), the adhesive film having a multi-layered structure (Fig. 4 and 5, #1) and the adhesive film including at least one resin layer (Para. [0013]) having a melting peak within the range of 120 degrees Celsius or higher and 156 degrees Celsius or lower (i.e. the packaging is capable of being unsealed at 120 degrees Celsius) and a metal terminal (Fig. 2, #2) protruding to the outside of the exterior material (i.e. the electrical storage device includes a metal terminal being electrically connected to the electrical storage device element and protrudes to the outside of the exterior material for electrical storage devices). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I).
Hiraki et al. does not teach the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal.
However, Echizen et al. teaches an internal pressure release tab (Fig. 1, #7) (i.e. an adhesive film) having a thermoplastic resin (i.e. resin layer) (Para. [0036]) and a metal terminal (Fig. 1, #2 and #3) wherein the internal pressure tab is provided where the pair of electrode terminals do not protrude (Para. [0035]) (i.e. the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hiraki et al. to incorporate the teaching of the location of the internal pressure release tab (i.e. adhesive film) as taught by Echizen et al., as such a structure allows gas in the storage space to be quickly discharged to the outside, suppressing deterioration of the battery performance due to an increase in the internal pressure of the storage space (Para. [0069]).
Regarding Claim 8, Hiraki et al. teaches a method for interposing an adhesive film (Para. [0143]) for sealing a battery element (Para. [0065]) such as storage batteries (Para. [0177])), the battery element (Fig. 2, #4) sealed in a packaging material (Fig. 2, #3) (Para. [0069]) (i.e. a method of manufacturing an electrical storage device having a structure in which an electrical storage device element housed in a packaging formed of an exterior material for electrical storage devices), the packaging material (Fig. 6, #3) (i.e. exterior material for electrical storage devices) includes a laminated sheet (i.e. a laminate) including at least a base material layer (Fig. 6. #31), a barrier layer (Fig. 6, #33), and a heat-sealable resin layer (Fig. 6, #34) (Para. [0048]) in this order (Para. [0151]) wherein the base material layer is an outermost layer (Para. [0152]) (i.e. in this order from the outside), the battery element (i.e. electrical storage device element) is covered with the packaging material such that the adhesive film is interposed between a metal terminal and the heat-sealable resin later (Para. [0176]) (i.e. the method comprising a housing step of housing the electrical storage device element in the packaging by disposing an adhesive film so as to interpose the adhesive film between the portions of the heat-sealable resin layer) wherein the heat-sealable resin layer is heat sealed with itself to provide the battery with the packaging material (Para. [0176]) to enable formation of a flange portion wherein the heat-sealable resin layer is heat-sealed with itself (Para. [0176]) (i.e. at a location where the portions of the heat-sealable resin layer of the exterior material for electrical storage devices are heat-sealed, the heat-sealable resin layers with the adhesive film interposed therebetween), the adhesive film having a multi-layered structure (Fig. 4 and 5, #1) and the adhesive film including at least one resin layer (Para. [0013]) having a melting peak within the range of 120 degrees Celsius or higher and 156 degrees Celsius or lower (i.e. the adhesive film including at least one resin layer L having a melting peak temperature overlapping with the range of 100 degrees Celsius or higher and 135 degrees or lower) (Para. [0014]) and a metal terminal (Fig. 2, #2) protruding to the outside of the exterior material (i.e. the electrical storage device includes a metal terminal being electrically connected to the electrical storage device element and protrudes to the outside of the exterior material for electrical storage devices). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I).
Hiraki et al. does not teach the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal.
However, Echizen et al. teaches an internal pressure release tab (Fig. 1, #7) (i.e. an adhesive film) having a thermoplastic resin (i.e. resin layer) (Para. [0036]) and a metal terminal (Fig. 1, #2 and #3) wherein the internal pressure tab is provided where the pair of electrode terminals do not protrude (Para. [0035]) (i.e. the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Hiraki et al. to incorporate the teaching of the location of the internal pressure release tab (i.e. adhesive film) as taught by Echizen et al., as such a structure allows gas in the storage space to be quickly discharged to the outside, suppressing deterioration of the battery performance due to an increase in the internal pressure of the storage space (Para. [0069]).
Regarding Claim 9, Hiraki et al. as modified by Echizen et al. teaches all of the elements of the adhesive film of claim 1 as explained above.
Hiraki et al. further teaches a battery (Para. [0056]) (i.e. a kit) including the adhesive film for sealing a battery element (Para. [0065]) such as storage batteries (Para. [0177]) (i.e. that is used for an electrical storage device), the battery element (Fig. 2, #4) sealed in a packaging material (Fig. 2, #3) (Para. [0069]) (i.e. including an exterior material for electrical storage devices which is used for an electrical storage device, the adhesive film according to claim 1, the electrical storage device having a structure in which an electrical storage device element housed in a packaging formed of an exterior material for electrical storage devices), the packaging material (Fig. 6, #3) (i.e. exterior material for electrical storage devices) includes a laminated sheet including at least a base material layer (Fig. 6. #31), a barrier layer (Fig. 6, #33), and a heat-sealable resin layer (Fig. 6, #34) (Para. [0048]) in this order (Para. [0151]) wherein the base material layer is an outermost layer (Para. [0152]) (i.e. in this order from the outside), wherein the heat-sealable resin layer is heat sealed with itself to provide the battery with the packaging material (Para. [0176]) (i.e. the electrical storage device element being housed in the packaging by heat-sealing the heat-sealable resin layers of the exterior material for electrical storage devices) wherein the adhesive film is interposed between the metal terminal and heat-sealable resin layer to enable formation of a flange portion wherein the heat-sealable resin layer is heat-sealed with itself (Para. [0176]) (i.e. the adhesive film being used by being interposed between the portions of the heat-sealable resin layer at a location where the portions of the heat-sealable resin layer are heat-sealed at the time of use).
Regarding Claim 10, Hiraki et al. as modified by Echizen et al. teaches all of the elements of the invention of claim 2 as explained above.
Hiraki et al. further teaches the adhesive film includes a resin layer having a polyolefin backbone (Para. [0065]) (i.e. wherein the resin layer L contains a polyolefin backbone).
Regarding Claim 11, Hiraki et al. as modified by Echizen et al. teaches all of the elements of the invention of claim 2 as explained above.
Hiraki et al. further teaches the thickness of the adhesive film (Fig. 4, #1) comprising the resin layer (Fig. 5, #10) is 40 to 200 micrometers (Para. [0078]) (i.e. wherein a thickness of the resin layer L is 0.1 micrometers or more).
Regarding Claim 12, Hiraki et al. as modified by Echizen et al. teaches all of the elements of the invention of claim 2 as explained above.
Hiraki et al. further teaches the thickness of the adhesive film is 40 to 200 micrometers (Para. [0078]) (i.e. wherein a thickness of the adhesive film is 5 micrometer or more and 500 micrometers or less).
Regarding Claim 13, Hiraki et al. as modified by Echizen et al. teaches all of the elements of the adhesive film of claim 2 as explained above.
Hiraki et al. further teaches a battery (Para. [0056]) (i.e. a kit) including the adhesive film for sealing a battery element (Para. [0065]) such as storage batteries (Para. [0177]) (i.e. that is used for an electrical storage device), the battery element (Fig. 2, #4) sealed in a packaging material (Fig. 2, #3) (Para. [0069]) (i.e. including an exterior material for electrical storage devices which is used for an electrical storage device, the adhesive film according to claim 2, the electrical storage device having a structure in which an electrical storage device element housed in a packaging formed of an exterior material for electrical storage devices), the packaging material (Fig. 6, #3) (i.e. exterior material for electrical storage devices) includes a laminated sheet including at least a base material layer (Fig. 6. #31), a barrier layer (Fig. 6, #33), and a heat-sealable resin layer (Fig. 6, #34) (Para. [0048]) in this order (Para. [0151]) wherein the base material layer is an outermost layer (Para. [0152]) (i.e. in this order from the outside), wherein the heat-sealable resin layer is heat sealed with itself to provide the battery with the packaging material (Para. [0176]) (i.e. the electrical storage device element being housed in the packaging by heat-sealing the portions of the heat-sealable resin layer of the exterior material for electrical storage devices) wherein the adhesive film is interposed between the metal terminal and heat-sealable resin layer to enable formation of a flange portion wherein the heat-sealable resin layer is heat-sealed with itself (Para. [0176]) (i.e. the adhesive film being used by being interposed between the portions of the heat-sealable resin layer at a location where the portions of the heat-sealable resin layer are heat-sealed at the time of use).
Regarding Claim 14, Hiraki et al. as modified by Echizen et al. teaches all of the elements of the adhesive film of claim 3 as explained above.
Hiraki et al. further teaches a battery (Para. [0056]) (i.e. a kit) including the adhesive film for sealing a battery element (Para. [0065]) such as storage batteries (Para. [0177]) (i.e. that is used for an electrical storage device), the battery element (Fig. 2, #4) sealed in a packaging material (Fig. 2, #3) (Para. [0069]) (i.e. including an exterior material for electrical storage devices which is used for an electrical storage device, the adhesive film according to claim 3, the electrical storage device having a structure in which an electrical storage device element housed in a packaging formed of an exterior material for electrical storage devices), the packaging material (Fig. 6, #3) (i.e. exterior material for electrical storage devices) includes a laminated sheet including at least a base material layer (Fig. 6. #31), a barrier layer (Fig. 6, #33), and a heat-sealable resin layer (Fig. 6, #34) (Para. [0048]) in this order (Para. [0151]) wherein the base material layer is an outermost layer (Para. [0152]) (i.e. in this order from the outside), wherein the heat-sealable resin layer is heat sealed with itself to provide the battery with the packaging material (Para. [0176]) (i.e. the electrical storage device element being housed in the packaging by heat-sealing the portions of the heat-sealable resin layer of the exterior material for electrical storage devices) wherein the adhesive film is interposed between the metal terminal and heat-sealable resin layer to enable formation of a flange portion wherein the heat-sealable resin layer is heat-sealed with itself (Para. [0176]) (i.e. the adhesive film being used by being interposed between the portions of the heat-sealable resin layer at a location where the portions of the heat-sealable resin layer are heat-sealed at the time of use).
Regarding Claim 15, Hiraki et al. as modified by Echizen et al. teaches all of the elements of the adhesive film of claim 4 as explained above.
Hiraki et al. further teaches a battery (Para. [0056]) (i.e. a kit) including the adhesive film for sealing a battery element (Para. [0065]) such as storage batteries (Para. [0177]) (i.e. that is used for an electrical storage device), the battery element (Fig. 2, #4) sealed in a packaging material (Fig. 2, #3) (Para. [0069]) (i.e. including an exterior material for electrical storage devices which is used for an electrical storage device, the adhesive film according to claim 4, the electrical storage device having a structure in which an electrical storage device element housed in a packaging formed of an exterior material for electrical storage devices), the packaging material (Fig. 6, #3) (i.e. exterior material for electrical storage devices) includes a laminated sheet including at least a base material layer (Fig. 6. #31), a barrier layer (Fig. 6, #33), and a heat-sealable resin layer (Fig. 6, #34) (Para. [0048]) in this order (Para. [0151]) wherein the base material layer is an outermost layer (Para. [0152]) (i.e. in this order from the outside), wherein the heat-sealable resin layer is heat sealed with itself to provide the battery with the packaging material (Para. [0176]) (i.e. the electrical storage device element being housed in the packaging by heat-sealing the portions of the heat-sealable resin layer of the exterior material for electrical storage devices) wherein the adhesive film is interposed between the metal terminal and heat-sealable resin layer to enable formation of a flange portion wherein the heat-sealable resin layer is heat-sealed with itself (Para. [0176]) (i.e. the adhesive film being used by being interposed between the portions of the heat-sealable resin layer at a location where the portions of the heat-sealable resin layer are heat-sealed at the time of use).
Regarding Claim 16, Hiraki et al. as modified by Echizen et al. teaches all of the elements of the adhesive film of claim 5 as explained above.
Hiraki et al. further teaches a battery (Para. [0056]) (i.e. a kit) including the adhesive film for sealing a battery element (Para. [0065]) such as storage batteries (Para. [0177]) (i.e. that is used for an electrical storage device), the battery element (Fig. 2, #4) sealed in a packaging material (Fig. 2, #3) (Para. [0069]) (i.e. including an exterior material for electrical storage devices which is used for an electrical storage device, the adhesive film according to claim 5, the electrical storage device having a structure in which an electrical storage device element housed in a packaging formed of an exterior material for electrical storage devices), the packaging material (Fig. 6, #3) (i.e. exterior material for electrical storage devices) includes a laminated sheet including at least a base material layer (Fig. 6. #31), a barrier layer (Fig. 6, #33), and a heat-sealable resin layer (Fig. 6, #34) (Para. [0048]) in this order (Para. [0151]) wherein the base material layer is an outermost layer (Para. [0152]) (i.e. in this order from the outside), wherein the heat-sealable resin layer is heat sealed with itself to provide the battery with the packaging material (Para. [0176]) (i.e. the electrical storage device element being housed in the packaging by heat-sealing the portions of the heat-sealable resin layer of the exterior material for electrical storage devices) wherein the adhesive film is interposed between the metal terminal and heat-sealable resin layer to enable formation of a flange portion wherein the heat-sealable resin layer is heat-sealed with itself (Para. [0176]) (i.e. the adhesive film being used by being interposed between the portions of the heat-sealable resin layer at a location where the portions of the heat-sealable resin layer are heat-sealed at the time of use).
Regarding Claim 17, Hiraki et al. as modified by Echizen et al. teaches all of the elements of the adhesive film of claim 10 as explained above.
Hiraki et al. further teaches a battery (Para. [0056]) (i.e. a kit) including the adhesive film for sealing a battery element (Para. [0065]) such as storage batteries (Para. [0177]) (i.e. that is used for an electrical storage device), the battery element (Fig. 2, #4) sealed in a packaging material (Fig. 2, #3) (Para. [0069]) (i.e. including an exterior material for electrical storage devices which is used for an electrical storage device, the adhesive film according to claim 10, the electrical storage device having a structure in which an electrical storage device element housed in a packaging formed of an exterior material for electrical storage devices), the packaging material (Fig. 6, #3) (i.e. exterior material for electrical storage devices) includes a laminated sheet including at least a base material layer (Fig. 6. #31), a barrier layer (Fig. 6, #33), and a heat-sealable resin layer (Fig. 6, #34) (Para. [0048]) in this order (Para. [0151]) wherein the base material layer is an outermost layer (Para. [0152]) (i.e. in this order from the outside), wherein the heat-sealable resin layer is heat sealed with itself to provide the battery with the packaging material (Para. [0176]) (i.e. the electrical storage device element being housed in the packaging by heat-sealing the portions of the heat-sealable resin layer of the exterior material for electrical storage devices) wherein the adhesive film is interposed between the metal terminal and heat-sealable resin layer to enable formation of a flange portion wherein the heat-sealable resin layer is heat-sealed with itself (Para. [0176]) (i.e. the adhesive film being used by being interposed between the portions of the heat-sealable resin layer at a location where the portions of the heat-sealable resin layer are heat-sealed at the time of use).
Regarding Claim 18, Hiraki et al. as modified by Echizen et al. teaches all of the elements of the adhesive film of claim 11 as explained above.
Hiraki et al. further teaches a battery (Para. [0056]) (i.e. a kit) including the adhesive film for sealing a battery element (Para. [0065]) such as storage batteries (Para. [0177]) (i.e. that is used for an electrical storage device), the battery element (Fig. 2, #4) sealed in a packaging material (Fig. 2, #3) (Para. [0069]) (i.e. including an exterior material for electrical storage devices which is used for an electrical storage device, the adhesive film according to claim 11, the electrical storage device having a structure in which an electrical storage device element housed in a packaging formed of an exterior material for electrical storage devices), the packaging material (Fig. 6, #3) (i.e. exterior material for electrical storage devices) includes a laminated sheet including at least a base material layer (Fig. 6. #31), a barrier layer (Fig. 6, #33), and a heat-sealable resin layer (Fig. 6, #34) (Para. [0048]) in this order (Para. [0151]) wherein the base material layer is an outermost layer (Para. [0152]) (i.e. in this order from the outside), wherein the heat-sealable resin layer is heat sealed with itself to provide the battery with the packaging material (Para. [0176]) (i.e. the electrical storage device element being housed in the packaging by heat-sealing the portions of the heat-sealable resin layer of the exterior material for electrical storage devices) wherein the adhesive film is interposed between the metal terminal and heat-sealable resin layer to enable formation of a flange portion wherein the heat-sealable resin layer is heat-sealed with itself (Para. [0176]) (i.e. the adhesive film being used by being interposed between the portions of the heat-sealable resin layer at a location where the portions of the heat-sealable resin layer are heat-sealed at the time of use).
Regarding Claim 19, Hiraki et al. as modified by Echizen et al. teaches all of the elements of the adhesive film of claim 12 as explained above.
Hiraki et al. further teaches a battery (Para. [0056]) (i.e. a kit) including the adhesive film for sealing a battery element (Para. [0065]) such as storage batteries (Para. [0177]) (i.e. that is used for an electrical storage device), the battery element (Fig. 2, #4) sealed in a packaging material (Fig. 2, #3) (Para. [0069]) (i.e. including an exterior material for electrical storage devices which is used for an electrical storage device, the adhesive film according to claim 12, the electrical storage device having a structure in which an electrical storage device element housed in a packaging formed of an exterior material for electrical storage devices), the packaging material (Fig. 6, #3) (i.e. exterior material for electrical storage devices) includes a laminated sheet including at least a base material layer (Fig. 6. #31), a barrier layer (Fig. 6, #33), and a heat-sealable resin layer (Fig. 6, #34) (Para. [0048]) in this order (Para. [0151]) wherein the base material layer is an outermost layer (Para. [0152]) (i.e. in this order from the outside), wherein the heat-sealable resin layer is heat sealed with itself to provide the battery with the packaging material (Para. [0176]) (i.e. the electrical storage device element being housed in the packaging by heat-sealing the portions of the heat-sealable resin layer of the exterior material for electrical storage devices) wherein the adhesive film is interposed between the metal terminal and heat-sealable resin layer to enable formation of a flange portion wherein the heat-sealable resin layer is heat-sealed with itself (Para. [0176]) (i.e. the adhesive film being used by being interposed between the portions of the heat-sealable resin layer at a location where the portions of the heat-sealable resin layer are heat-sealed at the time of use).
Claim 1, 3, 6, 8 and 9 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 4, 9-10 and 15 of copending Application No. 18/698,533 (reference application) in view of Echizen et al. (JP 2017/062872A, cited above). Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 1 of this application is patentably indistinct from claim 1 of Application No. 18/698,533, which teaches all of the elements of the current invention of claim 1 wherein the melting peak temperature overlaps at 135 degrees Celsius except for the metal terminal being electrically connected to an electrical storage device element protrudes outside of the exterior material for electrical storage devices and the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I). Furthermore, Echizen et al. teaches an internal pressure release tab (Fig. 1, #7) (i.e. an adhesive film) having a thermoplastic resin (i.e. resin layer) (Para. [0036]) and a metal terminal (Fig. 1, #2 and #3) (i.e. the electrical storage device includes a metal terminal being electrically connected to the electrical storage device element and protrudes to the outside of the exterior material for electrical storage devices) wherein the internal pressure tab is provided where the pair of electrode terminals do not protrude (Para. [0035]) (i.e. the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention claim 1 of Application No. 18/698,533 to incorporate the teaching of the location of the internal pressure release tab (i.e. adhesive film) as taught by Echizen et al., as such a structure allows gas in the storage space to be quickly discharged to the outside, suppressing deterioration of the battery performance due to an increase in the internal pressure of the storage space (Para. [0069]).
Claim 3 of this application is patentably indistinct from claim 4 of Application No. 18/698,533, which teaches all of the elements of the current invention of claim 3.
Claim 6 of this application is patentably indistinct from claim 10 of Application No. 18/698,533, which teaches all of the elements of the current invention of claim 6 wherein the melting peak temperature overlaps at 135 degrees Celsius except for the metal terminal being electrically connected to an electrical storage device element protrudes outside of the exterior material for electrical storage devices and the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I). Furthermore, Echizen et al. teaches an internal pressure release tab (Fig. 1, #7) (i.e. an adhesive film) having a thermoplastic resin (i.e. resin layer) (Para. [0036]) and a metal terminal (Fig. 1, #2 and #3) (i.e. the electrical storage device includes a metal terminal being electrically connected to the electrical storage device element and protrudes to the outside of the exterior material for electrical storage devices) wherein the internal pressure tab is provided where the pair of electrode terminals do not protrude (Para. [0035]) (i.e. the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention claim 6 of Application No. 18/698,533 to incorporate the teaching of the location of the internal pressure release tab (i.e. adhesive film) as taught by Echizen et al., as such a structure allows gas in the storage space to be quickly discharged to the outside, suppressing deterioration of the battery performance due to an increase in the internal pressure of the storage space (Para. [0069]).
Claim 8 of this application is patentably indistinct from claim 9 of Application No. 18/698,533, which teaches all of the elements of the current invention of claim 8 wherein the melting peak temperature overlaps at 135 degrees Celsius except for the metal terminal being electrically connected to an electrical storage device element protrudes outside of the exterior material for electrical storage devices and the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I). Furthermore, Echizen et al. teaches an internal pressure release tab (Fig. 1, #7) (i.e. an adhesive film) having a thermoplastic resin (i.e. resin layer) (Para. [0036]) and a metal terminal (Fig. 1, #2 and #3) (i.e. the electrical storage device includes a metal terminal being electrically connected to the electrical storage device element and protrudes to the outside of the exterior material for electrical storage devices) wherein the internal pressure tab is provided where the pair of electrode terminals do not protrude (Para. [0035]) (i.e. the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention claim 9 of Application No. 18/698,533 to incorporate the teaching of the location of the internal pressure release tab (i.e. adhesive film) as taught by Echizen et al., as such a structure allows gas in the storage space to be quickly discharged to the outside, suppressing deterioration of the battery performance due to an increase in the internal pressure of the storage space (Para. [0069]).
Claim 9 of this application is patentably indistinct from claim 15 of Application No. 18/698,533, which teaches all of the elements of the current invention of claim 9 wherein the melting peak temperature overlaps at 135 degrees Celsius except for the metal terminal being electrically connected to an electrical storage device element protrudes outside of the exterior material for electrical storage devices and the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).” See MPEP §2144.05(I). Furthermore, Echizen et al. teaches an internal pressure release tab (Fig. 1, #7) (i.e. an adhesive film) having a thermoplastic resin (i.e. resin layer) (Para. [0036]) and a metal terminal (Fig. 1, #2 and #3) (i.e. the electrical storage device includes a metal terminal being electrically connected to the electrical storage device element and protrudes to the outside of the exterior material for electrical storage devices) wherein the internal pressure tab is provided where the pair of electrode terminals do not protrude (Para. [0035]) (i.e. the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention claim 15 of Application No. 18/698,533 to incorporate the teaching of the location of the internal pressure release tab (i.e. adhesive film) as taught by Echizen et al., as such a structure allows gas in the storage space to be quickly discharged to the outside, suppressing deterioration of the battery performance due to an increase in the internal pressure of the storage space (Para. [0069]).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 1, 3 and 6-9 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1, 33, 9-10 and 16 of copending Application No. 18/698,425 (reference application) in view of Echizen et al. (JP 2017/062872A, cited above. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Claim 1 of this application is patentably indistinct from claim 1 of Application No. 18/698,425, which teaches all of the elements of the current invention of claim 1 except for the metal terminal being electrically connected to an electrical storage device element protrudes outside of the exterior material for electrical storage devices and the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal. However, Echizen et al. teaches an internal pressure release tab (Fig. 1, #7) (i.e. an adhesive film) having a thermoplastic resin (i.e. resin layer) (Para. [0036]) and a metal terminal (Fig. 1, #2 and #3) (i.e. the electrical storage device includes a metal terminal being electrically connected to the electrical storage device element and protrudes to the outside of the exterior material for electrical storage devices) wherein the internal pressure tab is provided where the pair of electrode terminals do not protrude (Para. [0035]) (i.e. the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of claim 1 of Application No. 18/698,425 to incorporate the teaching of the location of the internal pressure release tab (i.e. adhesive film) as taught by Echizen et al., as such a structure allows gas in the storage space to be quickly discharged to the outside, suppressing deterioration of the battery performance due to an increase in the internal pressure of the storage space (Para. [0069]).
Claim 3 of this application is patentably indistinct from claim 3 of Application No. 18/698,425, which teaches all of the elements of the current invention of claim 3.
Claim 6 of this application is patentably indistinct from claim 10 of Application No. 18/698,425, which teaches all of the elements of the current invention of claim 6 except for the metal terminal being electrically connected to an electrical storage device element protrudes outside of the exterior material for electrical storage devices and the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal. However, Echizen et al. teaches an internal pressure release tab (Fig. 1, #7) (i.e. an adhesive film) having a thermoplastic resin (i.e. resin layer) (Para. [0036]) and a metal terminal (Fig. 1, #2 and #3) (i.e. the electrical storage device includes a metal terminal being electrically connected to the electrical storage device element and protrudes to the outside of the exterior material for electrical storage devices) wherein the internal pressure tab is provided where the pair of electrode terminals do not protrude (Para. [0035]) (i.e. the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of claim 10 of Application No. 18/698,425 to incorporate the teaching of the location of the internal pressure release tab (i.e. adhesive film) as taught by Echizen et al., as such a structure allows gas in the storage space to be quickly discharged to the outside, suppressing deterioration of the battery performance due to an increase in the internal pressure of the storage space (Para. [0069]).
Claim 7 of this application is patentably indistinct from claim 13 of Application No. 18/698,425, which teaches all of the elements of the current invention of claim 7 except for the metal terminal being electrically connected to an electrical storage device element protrudes outside of the exterior material for electrical storage devices and the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal. However, Echizen et al. teaches an internal pressure release tab (Fig. 1, #7) (i.e. an adhesive film) having a thermoplastic resin (i.e. resin layer) (Para. [0036]) and a metal terminal (Fig. 1, #2 and #3) (i.e. the electrical storage device includes a metal terminal being electrically connected to the electrical storage device element and protrudes to the outside of the exterior material for electrical storage devices) wherein the internal pressure tab is provided where the pair of electrode terminals do not protrude (Para. [0035]) (i.e. the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of claim 13 of Application No. 18/698,425 to incorporate the teaching of the location of the internal pressure release tab (i.e. adhesive film) as taught by Echizen et al., as such a structure allows gas in the storage space to be quickly discharged to the outside, suppressing deterioration of the battery performance due to an increase in the internal pressure of the storage space (Para. [0069]).
Claim 8 of this application is patentably indistinct from claim 9 of Application No. 18/698,425, which teaches all of the elements of the current invention of claim 8 except for the metal terminal being electrically connected to an electrical storage device element protrudes outside of the exterior material for electrical storage devices and the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal. However, Echizen et al. teaches an internal pressure release tab (Fig. 1, #7) (i.e. an adhesive film) having a thermoplastic resin (i.e. resin layer) (Para. [0036]) and a metal terminal (Fig. 1, #2 and #3) (i.e. the electrical storage device includes a metal terminal being electrically connected to the electrical storage device element and protrudes to the outside of the exterior material for electrical storage devices) wherein the internal pressure tab is provided where the pair of electrode terminals do not protrude (Para. [0035]) (i.e. the adhesive film is not located between the metal terminal and the exterior material for electrical storage devices and is not in contact with the metal terminal). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the invention of claim 9 of Application No. 18/698,425 to incorporate the teaching of the location of the internal pressure release tab (i.e. adhesive film) as taught by Echizen et al., as such a structure allows gas in the storage space to be quickly discharged to the outside, suppressing deterioration of the battery performance due to an increase in the internal pressure of the storage space (Para. [0069]).
Claim 9 of this application is patentably indistinct from claim 16 of Application No. 18/698,425 , which teaches all of the elements of the current invention of claim 9.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Response to Arguments
Applicant's arguments filed August 25, 2026 have been fully considered but they are not persuasive.
Applicant argues Echizen is silent with respect to the melting peak temperature of 100 degrees or higher and 135 degrees of lower and thus, fails to render claims 1 and 6-8 obvious.
Examiner respectfully disagrees. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Echizen is not relied upon for teaching the melting peak temperature. Rather, Hiraki et al. is relied upon for teaching this limitation as Hiraki et al. teaches a melting peak within the range of 120 degrees Celsius or higher and 156 degrees Celsius or lower (i.e. the adhesive film including at least one resin layer having a melting peak temperature overlapping with the range of 100 degrees Celsius or higher and 135 degrees or lower) (Para. [0014]). Thus, the argument is not persuasive and the rejection of record is maintained.
Applicant argues that the dependent claims are distinct from the prior art of record for the same reason as the independent claims.
Examiner respectfully disagrees. The rejection with respect to the independent claims have been maintained, and thus the rejections to the dependent claims are maintained as well.
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.
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/ARMINDO CARVALHO JR./ Primary Examiner, Art Unit 1729
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