COPPER FOIL HAVING IMPROVED FLEXIBILITY, ELECTRODE COMPRISING THE SAME, SECONDARY BATTERY COMPRISING THE SAME, AND METHOD FOR MANUFACTURING THE SAME
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 3/15/2024 and 9/30/2024 are is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
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.
Claims 1-6 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 discloses room temperature “MIT 1 and 2” and high temperature “MIT 1 and 2” which refers to an “MIT” number. While the “MIT” number is defined, there is no explanation of “MIT” in the specification. It appears to be an acronym but it is not defined.
Claims 2-6 are rejected under 35 USC 112(b) for their dependence on claim 1.
Claim Rejections - 35 USC § 102/103
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 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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Chae et al. (KR 2019-0043275 A).
Regarding claim 1, Chae et al. teach a copper foil (Fig. 1, element 100) comprising a copper film including 99.9 wt% or more of copper (Fig. 1, element 110 discloses a copper layer made only of copper and so it is at 100%.). Further, comprising a protective layer formed on the copper film (Fig. 1, element 211 discloses an anticorrosive film on the copper layer, element 110.) which includes at least one of a chromium compound, a silane compound, and a nitrogen compound (Paragraph 0020). However, Chae et al. do not teach wherein the copper foil has a room temperature MIT 1 of 280 or more, a high-temperature MIT 1 of 130 or more, a room temperature MIT 2 of 14 or more, and a high-temperature MIT 2 of 25 or more, wherein the room temperature MIT 1 refers to an MIT number when a bending radius (R) is 0.38 mm at room temperature, the high-temperature MIT 1 refers to an MIT number when a bending radius (R) is 0.38 mm after heat treatment at 190 °C for one hour, the room temperature MIT 2 refers to an MIT number when a bending radius (R) is 0.1 mm at room temperature, and the high-temperature MIT 2 refers to an MIT number when a bending radius (R) is 0.1 mm after heat treatment at 190 °C for one hour.
MPEP 2112.01 Composition, Product, and Apparatus Claims
I. PRODUCT AND APPARATUS CLAIMS — WHEN THE STRUCTURE RECITED IN THE REFERENCE IS SUBSTANTIALLY IDENTICAL TO THAT OF THE CLAIMS, CLAIMED PROPERTIES OR FUNCTIONS ARE PRESUMED TO BE INHERENT
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977). "When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). Therefore, the prima facie case can be rebutted by evidence showing that the prior art products do not necessarily possess the characteristics of the claimed product. In re Best, 562 F.2d at 1255, 195 USPQ at 433. See also Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985)
II. COMPOSITION CLAIMS — IF THE COMPOSITION IS PHYSICALLY THE SAME, IT MUST HAVE THE SAME PROPERTIES
"Products of identical chemical composition cannot have mutually exclusive properties." In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present.
Regarding claim 2, Chae et al. teach the copper foil of claim 1, wherein the copper foil has a room temperature tensile strength of 50 kgf/mm2 or more (Paragraph 0065 discloses the copper foil has a room temperature tensile strength of 40-65 kgf/mm2.).
Regarding claim 3, Chae et al. teach the copper foil of claim 1, wherein the copper foil has a high temperature tensile strength of 40 kgf/mm2 or more (Paragraph 0066 discloses the copper foil has a high temperature tensile strength of 36-58 kgf/mm2.).
Regarding claim 4, Chae et al. teach the copper foil of claim 1, wherein the copper foil has a high-temperature grain size in a range of 1.4 µm to 3.1 µm (Paragraph 0074 discloses 0.8-1.7 µm after heat treatment at 190°C for 1 hour.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL S GATEWOOD whose telephone number is (571)270-7958. The examiner can normally be reached M-F 8:00-5:30.
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Daniel S. Gatewood, Ph.D.
Primary Examiner
Art Unit 1729
/DANIEL S GATEWOOD, Ph. D/Primary Examiner, Art Unit 1729 June 12th, 2026
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