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 Note
It is noted that all references hereinafter to Applicant’s specification (“spec”) are to the published application US 2024/0120582-A1, unless stated otherwise. Further, any italicized text utilized hereinafter is to be interpreted as emphasis placed thereupon.
Information Disclosure Statement
The information disclosure statement (IDS) filed December 16, 2023 is in compliance with 37 CFR 1.97 and have been considered.
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.
Claim 7 is rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
The term “depending on a site” is an ambiguous term which renders the claim indefinite – the location of the site is unclear, rendering the relationship between the variation in thickness and the site undefined. Is the site on another surface, such as on a desk, or on the resin layer itself? If on the resin layer, where on the resin layer should measurements be taken? The term “site” is not defined by the claim, nor is it explicitly defined by the specification. As such, one of ordinary skill in the art would not be reasonably apprised of the metes and bounds of the scope of the claimed invention, and the public would not be able to determine the boundaries of what constitutes infringement (see MPEP 2173, MPEP 2111.01(II)).
For examination on the merits, the phrase “depending on a site” is given the broadest reasonable interpretation in view of the specification (MPEP 2111, MPEP 2111.01(I), (II)) and is eliminated from the end 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) 1-6, 8, 12-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hiroshi (JP 2008293909 A; “Hiroshi”).
Regarding Claim 1, Hiroshi teaches a nonaqueous electrolyte secondary battery that can be widely used as a driving power source battery (third full paragraph of Page 1) (a power generator); and a battery exterior member (second full paragraph of Page 1) (covering material that covers the power generator), wherein the battery (power generator) includes a positive electrode with a positive electrode layer (third full paragraph of Page 5), a negative electrode with a negative electrode layer (seventh full paragraph of Page 5), and a solid electrolyte layer (last full paragraph of Page 6) that takes the place of the separator 13 (third full paragraph of Page 4) (positioned between the positive electrode layer and the negative electrode layer). The solid electrolyte layer contains a halogen (fluorine) in the following polymers: polyvinylidene fluoride, copolymers of vinylidene fluoride and hexafluoropropylene, copolymers of vinylidene (fourth full paragraph of Page 7). Hiroshi further teaches that the binder such as vinylidene fluoride (which contains a halogen, fluorine) may be present in the positive electrode layer (third full paragraph of Page 5) or the negative electrode layer (last full paragraph of Page 5) which can serve as a solid electrolyte.
Hiroshi teaches a battery exterior member (covering material) which contains the battery (fifth full paragraph of Page 5) and comprises a copolymer of vinylidene fluoride (contains a halogen, fluorine) and propylene (sixth full paragraph of Page 2). Please refer to the annotated Fig. 2 of Hiroshi for the arrangement of layers. Hiroshi teaches that the exterior member 20 includes a metal layer 21 and a resin layer 23 (resin layer) provided on the battery element 10 side of the metal layer 21 (the resin is disposed on a side facing the power generator and contains a halogen-containing polymer) via an adhesive layer 22 (interlayer) (fifth full paragraph of Page 5). Hiroshi also teaches an additional adhesive layer 24, which may be the base layer (first full paragraph of Page 5) in Embodiment W below:
Resin Layer 23 (Resin Layer)
Adhesive Layer 22 (Interlayer)
Adhesive Layer 24 (Base Layer)
Alternatively, the metal layer 21 may be interpreted as the base layer in Embodiment X (sixth full paragraph of Page 8):
Resin Layer 23 (Resin Layer)
Adhesive Layer 22 + Metal Layer 21 + Adhesive Layer 24 (All Interlayer)
Resin Layer 25 (Base Layer)
Embodiment Y:
Resin layer 23 (first resin layer)
Adhesive layer 22 (first interlayer)
Metal Layer 21 (Base Layer)
Embodiment Z:
Resin layer 25 (second resin layer) covered by resin piece 30
Metal Layer 21 (second interlayer)
Adhesive layer 22 (Base layer)
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Relevant layers are noted in the annotated Fig. 2 of Hiroshi below. Hiroshi teaches that the resin layer may contain poly (propylene-co-vinylidene fluoride) (P (P-VDF)), which is a halogen containing polymer (last paragraph of Page 4).
[AltContent: textbox (Resin )]
[AltContent: textbox (Adhesive Layer)][AltContent: textbox (Metal )]
[AltContent: textbox (Resin)][AltContent: textbox (Adhesive Layer)]
Fig. 2, duplicated from Fig. 2 of Hiroshi
Regarding Claim 2, Hiroshi teaches that the metal layer is positioned between the base layer and the interlayer, where the base layer is Adhesive Layer 24 and the interlayer is Adhesive Layer 22 - as defined in Embodiment W above (please see Fig. 2 of Hiroshi above).
Regarding Claim 3, Hiroshi teaches that the metal layer made be composed of aluminum (fifth full paragraph of Page 4).
Regarding Claim 4, Hiroshi teaches that the metal layer made be composed of aluminum (fifth full paragraph of Page 4).
Regarding Claim 5, Hiroshi teaches that an ionic radius of halogen contained in the resin layer is the same as the ionic radius of the halogen contained in the solid electrolyte. Hiroshi teaches that the polymer solid electrolyte may be polyvinylidene fluoride (fifth full paragraph of Page 5) and states that it is desirable to use a fluorine-based polymer compound from the viewpoint of redox stability (last full paragraph of Page 6). Hiroshi teaches that the resin layer may contain poly (propylene-co-vinylidene fluoride) (P (P-VDF)), which contains fluorine as the halogen, the same as the solid electrolyte (last paragraph of Page 4).
Regarding Claim 6, Hiroshi teaches that the resin layer has a thickness of 25 microns which is less than the thickness of the interlayer, which is 60 microns – the adhesive layer, metal layer and second adhesive layer constitute the interlayer in embodiment X (sixth full paragraph of Page 8).
Regarding Claim 8, Hiroshi teaches the following first covering material in Embodiment Y:
Resin layer 23 (first resin layer)
Adhesive layer 22 (first interlayer)
Metal Layer 21 (Base Layer)
Regarding the second covering material, from Embodiment Z:
Resin layer 25 (second resin layer) covered by resin piece 30
Metal Layer 21 (second interlayer)
Adhesive layer 22 (Base layer)
The first and second covering material include a first resin layer and a second resin layer, the interlayer includes a first interlayer and a second interlayer which face each other and are in contact with each other (please see annotated Fig. 2 of Hiroshi above for the arrangement of these layers). In addition, Hiroshi teaches a resin piece that is made of poly (propylene-co-vinylidene fluoride) that is inserted between the exterior member and the positive electrode terminal and the negative electrode terminal of the battery element to prevent intrusion of outside air (second full paragraph of Page 4). Hiroshi teaches that that the poly (propylene-co-vinylidene fluoride) copolymer, a halogen-containing polymer, may be on the outermost surface of the seal part or in a form coated on another resin (second full paragraph of Page 4).
Regarding Claim 12, Hiroshi teaches that the resin layer which contains the halogen containing polymer may contain poly (propylene-co-vinylidene fluoride) (P (P-VDF)), a polymer which contains fluorine as the halogen (last paragraph of Page 4).
Regarding Claims 13-15, Hiroshi teaches that the resin layer may contain poly (propylene-co-vinylidene fluoride) (P (P-VDF)), which contains fluorine as the halogen, the same as the solid electrolyte (last paragraph of Page 4).
Regarding Claim 16, Hiroshi teaches that the interlayer does not contain fluorine. As such, the concentration of the halogen must increase in the resin layer in a stepwise fashion when crossing the border from a side of the interlayer to a side facing away from the interlayer (a concentration of halogen of the resin layer increasing continuously or stepwise from a side of the interlayer to a side facing away from the interlayer). Hiroshi teaches a resin piece that is made of poly (propylene-co-vinylidene fluoride) that is inserted between the exterior member and the positive electrode terminal and the negative electrode terminal of the battery element to prevent intrusion of outside air (second full paragraph of Page 4). Hiroshi teaches that that the poly (propylene-co-vinylidene fluoride) copolymer may be on the outermost surface of the seal part or in a form coated on another resin (second full paragraph of Page 4). Because it is on the outermost surface and on the exterior member, and because the top layer is comprised of Polyethylene tetraphalate, the concentration of the halogen in the resin must increase in a stepwise fashion when crossing the border between these two sublayers.
Regarding Claim 17, Hiroshi teaches a battery exterior member which contains the battery (fifth full paragraph of Page 5) and comprises a copolymer of vinylidene fluoride (contains a halogen, fluorine) and propylene (sixth full paragraph of Page 2). Hiroshi further teaches that the exterior member 20 includes a metal layer 21 and a resin layer 23 (resin layer) provided on the battery element 10 side of the metal layer 21 (the resin is disposed on a side facing the power generator and contains a halogen-containing polymer) via an adhesive layer 22 (interlayer) (fifth full paragraph of Page 5). Hiroshi also teaches an additional adhesive layer 24 (base layer) (first full paragraph of Page 5). Hiroshi teaches that the resin layer may contain poly (propylene-co-vinylidene fluoride) (P (P-VDF)), which is a halogen containing polymer (last paragraph of Page 4).
Regarding Claim 18, Hiroshi teaches that the metal layer is positioned between the base layer and the interlayer (please see Fig. 2 of Hiroshi above).
Regarding Claim 19, Hiroshi teaches that the metal layer made be composed of aluminum (fifth full paragraph of Page 4).
Regarding Claims 20-23, Hiroshi teaches that the resin layer may contain poly (propylene-co-vinylidene fluoride) (P (P-VDF)), which is the halogen-containing polymer and is a polymer containing fluorine or a fluorine atom.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over by Hiroshi (JP 2008293909 A; “Hiroshi”) in view of Yamashita (JP-2012164680-A; “Yamashita”).
Regarding Claims 9-10, Hiroshi teaches the limitations of Claims 1 as discussed above.
Regarding Claim 9-10, Hiroshi teaches that the adhesive layer (interlayer) is an adhesive polyolefin/isocyanate system (sixth full paragraph of Page 8).
Hiroshi is silent on a composition of the interlayer containing two substances wherein the filler has a softening point higher than the other material.
Yamashita teaches multilayered inner layer with the following compounds (fourth full paragraph of Page 6 through eighth full paragraph of Page 6):
Homotype polypropylene (melting point 150 ° C or higher, Vicat softening point 140 ° C or higher)
Ethylene-propylene copolymer (random-type propylene or graft-type propylene having a melting point of 110 ° C or higher and a Vicat softening point of 100 ° C or higher)
Low density polyethylene having a melting point of 90 ° C. or higher and a Vicat softening point of 80 ° C.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery of Hiroshi by inserting the multilayered inner layer characterized by different melting and softening points as taught by Yamashita between the resin layer 23 and the adhesive layer 22 in Embodiment W above. Hiroshi and Yamashita each constitute prior art which is directly analogous to claimed invention (MPEP 2141.01(a)(I)). Yamashita provides the adequate motivation for incorporating these features readily known in the art; Yamashita teaches that an olefin has a high melting point in order to increase the heat resistance of the innermost layer (third full paragraph of Page 14). Cracks and pinholes are easily generated. When a single-layer resin is used, it must be welded at high temperature, high pressure and for a long time. In this case, the function of the packaging material may be deteriorated by deteriorating the characteristics of the battery in which the heat welding itself is the content, or by causing other constituent layers of the packaging material such as polyester or nylon of the outer layer to undergo thermal shrinkage (third full paragraph of Page 14). Yamashita teaches that by multilayering the inner layer as stated above, the above-mentioned problems are resolved (first full paragraph of Page 15).
Claims 7, 11 are rejected under 35 U.S.C. 103 as being unpatentable over by Hiroshi (JP 2008293909 A; “Hiroshi”) in view of Kidosaki (US2019157647A1; “Kidosaki”).
Regarding Claims 7 and 11, Hiroshi teaches the limitations of Claims 1 as discussed above.
Regarding Claim 7, Hiroshi teaches that the thickness of the resin layer 23 is preferably 50 microns or less, and more preferably 3 microns or more. Hiroshi teaches that if the thickness is larger than 50 microns, a large amount of moisture may enter the battery, and if the thickness is smaller than 3 microns, the heat-fusibility decreases (first paragraph of Page 5). This establishes the variability of the thickness of each resin layer as a whole, setting the bounds for potential variability within the layer.
Hiroshi does not teach a variation in the thickness of the resin layer.
Kidosaki teaches a polyolefin microporous membrane with a small fluctuation in thickness. The coefficient of variation is indicated as adjusted in the range of 0.001 to 0.030 ([0097]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery of Hiroshi by varying the thickness of the resin layer as taught by Kidosaki. Hiroshi and Kidosaki each constitute prior art which is directly analogous to claimed invention (MPEP 2141.01(a)(I)). -Kidosaki teaches a range in variation in thickness to suppress the surface roughness of the polyolefin micro-porous film to a predetermined value, which provides the adequate motivation for incorporating these features readily known in the art ([0097]).
Regarding Claim 11, Hiroshi teaches P (P-VDF) copolymer can be used for at least the exterior member in the battery (second full paragraph of Page 4).
Hiroshi does not teach that the external membrane cover has pores.
Kidosaki teaches a large number of pores included in the polyolefin microporous membrane 10 ([0115]). Kidosaki teaches that the heat-resistant porous layer may be applied on one side or both sides of the micro-porous film by coating the layer by a method such as a process of mixing heat-resistant fine particles and an organic binder ([0140]). Kidosaki also teaches that the heat-resistant porous layer contains pores ([0151]). Kidosaki teaches an organic material such as a fluorine resin may be coated on the heat-resistant porous layer to give an adhesive layer ([0140]) (the heat-resistant layer and the adhesive layer constitute the resin layer of Claim 1). Further, a functional layer may be provided by a method of mixing organic particles or the like and a binder on the adhesive layer and then performing a coating process ([0140]). Kidosaki also teaches a three-layer structure for the polyolefin micro-porous film ([0073]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery of Hiroshi by substituting the heat-resistant layer and adhesive layer of Kidosaki for the resin layer of Hiroshi. Hiroshi and Kidosaki each constitute prior art which is directly analogous to claimed invention (MPEP 2141.01(a)(I)). --Kidosaki provides the adequate motivation for incorporating these features readily known in the art, by teaching that the pores overall are overall part of a structure that is heat resistant ([0150]), and the ability to resist heat by preventing heat shrinking of the film ([122]) is a critical part of battery casing.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20050136324 A1 to Yamada H. - teaches a laminate material with a three-layer structure including a polypropylene layer, a soft aluminum layer, and a nylon layer or PET layer. The second laminate material has a similar structure but includes a hard aluminum layer (Abstract). Yamada also teaches a fluorine polymer for the polymer electrolyte ([0035]).
US 20120121967 A1 to Nakamura T. – teaches a porous polymer layer containing vinylidene fluoride between the laminate film and the battery device (please see labeled part below in Fig 1D of Nakamura) (Abstract)
[AltContent: textbox (14 – Porous Polymer Layer)]
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Conclusion
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/WILLIAM FADDOUL SAVAGE/
Examiner, Art Unit 1782
/AARON AUSTIN/ Supervisory Patent Examiner, Art Unit 1782
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