DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-7, and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kato et al. (WO2021/177424A1 and using U.S. PGPub US 2023/0116359 A1 as cited in IDS as machine translation of English version), hereinafter Kato.
Regarding claim 1, Kato discloses a sealing film (i.e., at least adhesive film ref. 1 as disclosed in at least [0042], also see [0044], [0046], [0085], [0087]-[0093]) that seals a gap between an electrode lead wire (i.e., at least adhesive film ref. 1 seals a gap between an electrode lead wire such as a terminal ref. 2 as disclosed in [0042] and exterior material ref. 3 so as to be between said terminal and exterior material as shown in at least Figs. 1-3, also see [0044], [0046], [0085], [0087]-[0093]) electrically connected to a battery body (i.e., at least electrically connected to an electrode of an electrical storage device element ref. 4 as disclosed in [0042] and shown in at least Fig. 2, lacking any further distinction thereof as to said battery body, etc., also see [0044], [0045], [0119], etc.) and a housing vessel housing the battery body (i.e., at least exterior material ref. 3 as shown in at least Fig. 2 and disclosed in at least [0042], lacking any further distinction thereof as to said housing vessel, etc. also see [0044], [0045], [0119], etc.),
the sealing film comprising: one or a plurality of thermoplastic resin layers (i.e., at least as disclosed in [0045]-[0046] the adhesive film ref. 1 has a configuration in which at least a first polyolefin layer ref. 12a, a base material ref. 11 and a second polyolefin layer ref. 12b are laminated in the state order, etc., such that the polyolefin layer(s) are at least one or a plurality of thermoplastic resin layer(s) as evidenced by the instant specification in [0019]-[0020], etc., also see [0047]-[0051], [0084]-[0110]).
Although Kato is silent as to at least one of the thermoplastic resin layers includes a hydrogen-bonding resin having a structure allowing hydrogen bonding between molecules thereof, Kato necessarily possesses said limitation for the following reasons such that as disclosed in [0102] base material ref. 11 examples of the material include polyamide-based resins, polyester-based resins, polyolefin-based resins, polyurethane resins, etc., and whereby as evidenced by the instant specification in [0052] such that “a structure allowing hydrogen bonding may be an atomic group such as amide bonding, urethane bonding, or may be a functional group such as an amino group, a carbonyl group, a carboxy group, etc.”, etc., also see [0103]-[0105], [0132]-[0133], etc., and lacking any further structural and/or chemical distinction thereof.
Furthermore, since Kato discloses in [0102] base material ref. 11 examples of the material include polyamide-based resins, polyester-based resins, polyolefin-based resins, polyurethane resins, etc., which is an identical and/or substantially identical layer as that claimed, properties and/or functions such as a hydrogen-bonding resin having a structure allowing hydrogen bonding between molecules thereof, are presumed inherent as evidenced by the instant specification in [0052], etc., and lacking any further chemical distinction thereof (MPEP 2112.01, I., In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977) II., In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990)).
Regarding claim 2, Kato discloses the sealing film as discussed above in claim 1. Kato further discloses the plurality of thermoplastic resin layers are provided (i.e., at least as disclosed in [0086] whereby in the adhesive film ref. 1 the first polyolefin layer ref. 12a and the second polyolefin layer ref. 12b each contain a polyolefin-based resin, whereby examples of the polyolefin-based resin include acid-modified polyolefins, etc., such that excellent adhesion can be exhibited at an interface between the adhesive film ref. 1 for metal terminal and the metal terminal ref. 2 by disposing the first polyolefin layer ref. 12a formed of an acid-modified polyolefin on the metal terminal ref. 2 side, and in addition, further excellent adhesion can be exhibited at an interface between the adhesive film ref. 1 for metal terminal and the heat-sealable resin layer ref. 35 by disposing the second polyolefin layer ref. 12b formed of a polyolefin on the heat-sealable resin layer ref. 35 side of the exterior material ref. 3 for electrical storage devices, etc., also see Figs. 2, 4-5),
the plurality of thermoplastic resin layers include: a first thermoplastic resin layer serving as a first adhesive layer which adheres to the electrode lead wire (i.e., at least as discussed above, whereby excellent adhesion can be exhibited at an interface between the adhesive film ref. 1 for metal terminal and the metal terminal ref. 2 by disposing the first polyolefin layer ref. 12a formed of an acid-modified polyolefin on the metal terminal ref. 2 side, etc., also see Figs. 2, 4-5),
a second thermoplastic resin layer serving as a second adhesive layer which adheres to the housing vessel (i.e., at least as discussed above whereby further excellent adhesion can be exhibited at an interface between the adhesive film ref. 1 for metal terminal and the heat-sealable resin layer ref. 35 by disposing the second polyolefin layer ref. 12b formed of a polyolefin on the heat-sealable resin layer ref. 35 side of the exterior material ref. 3 for electrical storage devices, etc., also see Figs. 2, 4-5), and
a third thermoplastic resin layer serving as a base material layer which is provided between the first adhesive layer and the second adhesive layer (i.e., at least as disclosed in [0101]-[0105] such as base material ref. 11 such as polyamide-based resins, polyolefin-based resins, polyester-based resins, polyurethane resins, polycarbonate, and mixtures and copolymers thereof, etc., also see [0047]-[0051], [0085]-[0086]), and
the hydrogen-bonding resin is included in at least one of the first to third thermoplastic resin layers (i.e., at least as disclosed in [0101]-[0105] such as base material ref. 11 such as polyamide-based resins, polyolefin-based resins, polyester-based resins, polyurethane resins, polycarbonate, and mixtures and copolymers thereof, etc., which at least provides the hydrogen-bonding resin is included in at least one of the first to third thermoplastic resin layers from the group, etc., also see [0047]-[0051], [0085]-[0086]).
Regarding claim 3, Kato discloses the sealing film as discussed above in claim 2. Kato further discloses the first thermoplastic resin layer includes an acid-modified polyolefin (i.e., at least as discussed above in claim 2, whereby excellent adhesion can be exhibited at an interface between the adhesive film ref. 1 for metal terminal and the metal terminal ref. 2 by disposing the first polyolefin layer ref. 12a formed of an acid-modified polyolefin on the metal terminal ref. 2 side, etc., also see Figs. 2, 4-5, also see [0047]-[0051], [0084]-[0110]).
Regarding claim 4, Kato discloses the sealing film as discussed above in claim 2. Kato further discloses the hydrogen-bonding resin is included in the first thermoplastic resin layer (i.e., at least as disclosed in [0088]-[0089] where the acid-modified polyolefin is not particularly limited as long as it is a polyolefin modified with an acid, etc., whereby specific examples of the polyolefin to be acid-modified include polyethylenes, etc., as well as carboxylic acid-modified cyclic polyolefin as disclosed in [0090], etc., such that the skilled artisan would appreciate that since said carboxylic acid-modified polyolefin(s) is provide that this at least provides a carbonyl/carboxy group for hydrogen-bonding, etc., as evidenced by the instant specification in [0052] such that “a structure allowing hydrogen bonding may be an atomic group such as amide bonding, urethane bonding, or may be a functional group such as an amino group, a carbonyl group, a carboxy group, etc.”, etc., and lacking any further distinction thereof, also see [0090]-[0092]).
Regarding claim 5, Kato discloses the sealing film as discussed above in claim 2. Kato further discloses the hydrogen-bonding resin is included in the third thermoplastic resin layer (i.e., at least as discussed above in claim 2 and disclosed in [0101]-[0105] such as base material ref. 11 such as polyamide-based resins, polyolefin-based resins, polyester-based resins, polyurethane resins, polycarbonate, and mixtures and copolymers thereof, etc., which at least provides the hydrogen-bonding resin is included in the third thermoplastic resin layer, etc., also see [0047]-[0051], [0085]-[0086]).
Regarding claim 6, Kato discloses the sealing film as discussed above in claim 3. Kato further discloses the first thermoplastic resin layer includes 50 mass% or more of the acid-modified polyolefin (i.e., at least as discussed above in claim 3, whereby excellent adhesion can be exhibited at an interface between the adhesive film ref. 1 for metal terminal and the metal terminal ref. 2 by disposing the first polyolefin layer ref. 12a formed of an acid-modified polyolefin on the metal terminal ref. 2 side, etc., such that the skilled artisan would appreciate that since said first polyolefin layer is an acid-modified polyolefin that this at least provides a value (i.e., 100 mass%) that is within the claimed range of the first thermoplastic resin layer includes 50 mass% or more of the acid-modified polyolefin, thus a prima facie case of anticipation exists (MPEP 2131.03, I., Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985)), also see Figs. 2, 4-5, also see [0047]-[0051], [0084]-[0110], etc.).
Regarding claim 7, Kato discloses the sealing film as discussed above in claim 2. Kato further discloses in the third thermoplastic resin layer includes 10 mass% or more of acid-modified polyolefin (i.e., at least as disclosed in [0101]-[0105] such as base material ref. 11 such as polyamide-based resins, polyolefin-based resins, polyester-based resins, polyurethane resins, polycarbonate, and mixtures and copolymers thereof, etc., whereby as disclosed in [0102] the material that forms the base material ref. 11 is preferably a resin containing an acid-modified polyolefin, etc., such that as disclosed in [0107] the base material ref. 11 may be a single layer, etc.,, which at least provides a value (e.g., 100%) that is within the claimed range of the third thermoplastic resin layer includes 10 mass% or more of acid-modified polyolefin, thus a prima facie case of anticipation exists (MPEP 2131.03, I., Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985)), also see [0047]-[0051], [0085]-[0086]).
Regarding claim 9, Kato discloses the sealing film as discussed above in claim 1. Kato further discloses the hydrogen-bonding resin is a polyamide-based resin (i.e., at least as discussed and disclosed in [0101]-[0105] such as base material ref. 11 such as polyamide-based resins, polyolefin-based resins, polyester-based resins, polyurethane resins, polycarbonate, and mixtures and copolymers thereof, etc., which at least provides the hydrogen-bonding resin is a polyamide-based resin, etc., also see [0047]-[0051], [0085]-[0086]).
Regarding claim 10, Kato discloses an electrode lead wire member comprising: the sealing film as discussed above in claim 1. Kato further discloses the electrode lead wire extending in one direction (i.e., at least as shown in Fig. 2 whereby the metal terminal ref. 2 is extending in the x1 to x2 direction, and lacking any further distinction thereof).
Regarding claim 11, Kato discloses the electrode lead wire member as discussed above in claim 10. Kato further discloses a battery (i.e., at least electrode storage device ref. 10 as disclosed in [0051] and shown in at least Figs. 1-3, and lacking any further distinction thereof) comprising: a battery body (i.e., at least electrical storage device element ref. 4 as discussed above in claim 1 and disclosed in [0042] and shown in at least Fig. 2, lacking any further distinction thereof as to said battery body, etc., also see); a housing vessel housing the battery body (i.e., at least exterior material ref. 3 as shown in at least Fig. 2 and disclosed in at least [0042], lacking any further distinction thereof as to said housing vessel, etc. also see); and the electrode lead wire member according to claim 10 (i.e., at least as discussed above in claim 10).
Furthermore, the examiner asserts that since Kato discloses the battery body, housing vessel housing the battery body; and the electrode lead wire member according to claim 10 and as further disclosed in claim 1, the preamble “a battery comprising” does not further limit the claim (MPEP 2111.02, In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997)), lacking any further distinction thereof.
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 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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kato as applied to claim 1 above, and further in view of Atsuko et al. (JP2017143062(A) as cited in IDS and using Machine Translation as English version), hereinafter Atsuko.
Regarding claim 8, Kato discloses the sealing film including the hydrogen-bonding resin as discussed above in claim 1.
However, Kato is silent as to an addition amount of the hydrogen-bonding resin in the entire sealing film is 0.2 mass% or more and 30 mass% or less.
Atsuko teaches an adhesive film for sealing power storage device metal terminal (Title). Atsuko further teaches in [0022] the proportion of the unsaturated carboxylic acid, etc., in the acid-modified polyolefin resin is preferably 0.1% by mass or more and 30% by mass or less in the polyolefin layer ref. 2, etc., which at least provides a range that overlaps and/or encompasses the claimed range of an addition amount of the hydrogen-bonding resin in the entire sealing film is 0.2 mass% or more and 30 mass% or less, thus a prima facie case of obviousness exists (MPEP 2144.05, I., II., A.) (also see [0022], [0036], etc.).
Atsuko further teaches in [0011] providing an adhesive film for sealing metal terminals of energy storage devices that has extremely excellent insulating properties, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Kato with the teachings of Atsuko, whereby the sealing film including the hydrogen-bonding resin, etc., as disclosed by Kato further includes an addition amount of the hydrogen-bonding resin in the entire sealing film is 0.2 mass% or more and 30 mass% or less as taught by Atsuko so as to provide an adhesive film for sealing metal terminals of energy storage devices that has extremely excellent insulating properties, etc.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Orihara et al. (U.S. PGPub US 2013/0130007 A1) discloses a method for producing terminal bonding tape, and terminal bonding tape (Title), whereby as disclosed in [0033] the present invention further provides a terminal bonding tape, comprising: [0034] a first surface layer of a first radiation cross-linked linear polyethylene, [0035] a second surface layer of an acid-modified polyethylene, etc.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA PATRICK MCCLURE whose telephone number is (571)272-2742. The examiner can normally be reached Monday-Friday 8:30am-5:00pm.
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/JOSHUA P MCCLURE/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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