DETAILED ACTION
Claims 1-2, 4, 6, 8-10, and 12-13 are presented for examination, wherein claim 1 is currently amended. Claims 3, 5, 7, and 11 are cancelled.
The 35 U.S.C. § 103 rejection of claims 1-2, 4, 6, 8-10, and 12-13 over Takahagi is withdrawn, as a result of the amendment to claim 1, from which the other claims depend or incorporate by reference.
An English translation of the certified priority document has not been filed.
The June 21, 2024 Request for Participation in the Patent Prosecution Highway has been granted by the USPTO on August 6, 2024.
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 § 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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2, 4, 6, 8-10, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Tsumori et al (WO 2018/194176) with evidence from JIS H 4160-1994.
Regarding newly amended independent claim 1, Tsumori teaches a battery packaging material (e.g. item 10) with excellent moldability, said battery packaging material composed of a laminate having at least
(i) a protective layer (e.g. item 1—composed of a resin layer (e.g. item 1a), which is the outermost layer, and a bonding layer/adhesive layer (e.g. item 1b));
(ii) a base layer/substrate layer (e.g. item 2);
(iii) a barrier layer (e.g. item 3); and,
(iv) a heat-sealable resin layer (e.g. item 4), which is the innermost layer,
wherein said layers are provided in this order and each layer directly contacts its adjacent layer,
wherein said package may be formed by folding one battery packaging material and heat-sealing edges of opposing heat-sealable resin layers or formed by stacking two battery packaging materials so that the heat-sealable resin layers face each other and heat-sealing the edges
(e.g. ¶¶ 0000, 11-15, 17-18, 30-31, 68, 100, 120, 126, 151-155, and 178 plus e.g. Figures 1-3), reading on “pouch film laminate body,” said battery packaging laminate comprising:
(1) said barrier layer (e.g. item 3) (e.g. supra), wherein said barrier layer has a function of preventing water vapor, oxygen, light, and the like from penetrating into the inside of the battery in addition to improving the strength of said battery packaging material,
wherein a thickness of said barrier layer is may be e.g. 10-100 µm, noting the thickness is chosen so that it is sufficiently thick so that said barrier layer functions as a barrier against water vapor and the like,
wherein said barrier layer is preferably an aluminum alloy foil with a composition such as JIS H4160:1994 A8021H-O, JIS H4160:1994 A8079H-O, JIS H4000:2014 A8021P-O, JIS H4000:2014 A8079P-O in order to prevent pinholes and wrinkles from occurring in said barrier layer during the production of said battery package material
(e.g. ¶¶ 0087-89), establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on the newly amended, previously amended limitation “a gas barrier layer defining a thickness of 60 µm to 100 µm,” e.g. instant item 20, see also specification, at e.g. ¶¶ 0010-11, 26-27, 32, 44-46, and 58 plus e.g. instant Figure 1, noting the JIS H 4160-1994 standard provides the A8021 aluminum alloy has 1.2-1.7% iron and the A8079 aluminum alloy has 0.7-1.3% iron, see Table 2, third column (e.g. p.3), wherein said A8021H-O and A8079H-O aluminum alloys are optimized for packaging material with few pinholes and other defects harmful in use (p.2), further noting said taught aluminum alloy of JIS H4160:1994 A8021H-O is identical or substantially identical to the instant AA8021 alloy, see instant specification, at e.g. ¶¶ 0032, 51, and 74-75; plus, e.g. claims 8-10 and former claim 7;
(2) said protective layer (e.g. item 1) composed of said resin layer (e.g. item 1a) and said bonding layer/adhesive layer (e.g. item 1b),
wherein said resin layer is the outermost layer of battery packaging material, wherein said resin layer directly contacting said bonding layer/adhesive layer, and said bonding layer/adhesive layer directly contacting said base layer/substrate layer (e.g. item 2) (e.g. supra),
wherein said resin layer (e.g. item 1a) is preferably composed of a polyester resin, which is preferably composed of polyethylene terephthalate and may have a thickness of e.g. about 2 to 20 µm (e.g. ¶¶ 0017-18, 20, 31-32, 37, 58-60, and 64), corresponding with instant “polymer layer” (e.g. item 12, component of item 10, see instant specification, at e.g. ¶0036 plus instant Figure 1 plus; and,
wherein said bonding layer/adhesive layer (e.g. item 1b) may be composed of e.g. a polyester resin with good adhesion and have a thickness of e.g. 0.2-10 µm (e.g. ¶¶ 0017-18, 31-32, 36-60, and 65), corresponding with the instant “adhesive layer” (e.g. item 16a, component of item 10), see instant specification, at e.g. ¶¶ 0036-40; instant Figure 1; plus, e.g. claims 5-6,
(3) said base layer/substrate layer (e.g. item 2) on one side contacting said bonding layer/adhesive layer (e.g. item 1b) and on an opposite side contacting either said heat-sealable resin layer (e.g. item 4) or an optional adhesive layer (e.g. item 5) (e.g. supra, ¶¶ 0073-77, plus e.g. Figures 1-3),
wherein said base layer/substrate layer may be composed of a layer of nylon or multi-layers of laminated nylon, and may have a thickness of about 3-50 µm, preferably 10-35 µm (e.g. ¶¶ 0068-72), corresponding with the instant “polymer film” (e.g. item 14, component of item 10), see instant specification, at e.g. ¶¶ 0034-42; e.g. instant Figure 1; plus e.g. claim 6 and former claim 5,
a combination of said protective layer (e.g. item 1), said bonding layer (e.g. item 1b), and said base layer/substrate layer (e.g. item 2) reading on the previously amended limitation incorporating the subject matter of former claim 5, “a base layer disposed on one surface of the gas barrier layer, the base layer including a laminate structure of a polyethylene terephthalate film and a nylon film,” e.g. instant item 10 comprising instant items 12 and 14, see also specification, at e.g. ¶¶ 0010-11, 27, and 34-42 plus e.g. instant Figure 1,
(4) said optional adhesive layer (e.g. item 5) provided between said base layer (e.g. item 2) and said barrier layer (e.g. item 3), as necessary to firmly bond said layers,
wherein said optional adhesive layer may be composed of e.g. a polyester resin with good adhesion, such as a poly-urethane, and have a thickness of e.g. 1-10 µm or e.g. 2-5 µm (¶¶ 0071-75), corresponding with instant item 16b, see instant specification, at e.g. ¶0016 plus e.g. instant Figure 1; and,
(5) said heat-sealable resin layer (e.g. item 4) is the innermost layer of said battery packaging material, wherein said heat-sealable resin layer is on an opposite side of said barrier layer to said protective layer (e.g. supra),
wherein said heat-sealable resin layer may be composed of e.g. polypropylene and/or acid-modified polypropylene and may have a thickness of e.g. 20-100 µm
(e.g. ¶¶ 112-123), establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on the previously amened limitation incorporating the subject matter of former claim 11, “a sealant layer disposed on an opposite surface of the gas barrier layer, the sealant layer defining a thickness of 60 µm to 100 µm,” e.g. instant item 30, see specification, at e.g. ¶¶ 0010, 27, 32, and 52-59; e.g. instant Figure 1; plus, e.g. claims 11-12.
Tsumori does not expressly teach the limitation “a loop stiffness of the pouch film laminate body in a machine direction (MD) of the pouch film laminate body 750 mN to 1300 mN” or the previously added limitation “a ratio of a loop stiffness of the pouch film laminate body in a transverse direction of the pouch film laminate body to the loop stiffness in the machine direction is 0.9 to 1.1.”
However, Tsumori teaches a substantially identical battery packaging material laminate with excellent moldability (e.g. said battery packaging material laminate, wherein each layer of said laminate severably has an identical/substantially identical composition and substantially identical thickness to those of the instant invention, further each layer of said laminate is in a correspondingly similar order to that of the instant invention—see supra, incorporated herein by reference), severably establishing a prima facie case of obviousness of the claimed limitations, see also e.g. MPEP § 2112.01. See also infra. For example, the instant specification provides the following:
<Pouch Film Laminate Body>…[0028] When the loop stiffness in the MD direction of the pouch film laminate body 1 satisfies 750 mN to 1300 mN, a cup portion with a large molding depth may be formed due to excellent drawing moldability, and the clearance required for cup molding is small, so that a wall portion may be formed to have a sharp slope, and curling resistance is excellent after the molding. Specifically, when the MD direction loop stiffness of the pouch film laminate body is less than 750 mN, the drawing moldability is poor, so that there is a limitation in increasing the accommodation volume of a cup portion, and when the MD direction loop stiffness is greater than 1300 mN, curling may occur severely after cup forming. If the volume of a cup portion is small, it is not possible to implement high-energy density since there is a few number of battery assemblies which may be accommodated, and if curling occurs after cup molding, there may be a problem of a vacuum break phenomenon during pouch transfer for a battery assembly process and/or wrinkles of a battery case during a degas sealing process.
[0029] In addition, the pouch film laminate body of the present invention may have a ratio of the loop stiffness in the TD direction to the loop stiffness in the MD direction of 0.8 to 1.2, preferably 0.9 to 1.1. When the ratio of the TD direction loop stiffness to the MD direction loop stiffness of the pouch film laminate body satisfies the above range, it is possible to suppress the occurrence of damage, wrinkles, or the like during a cup molding process.
…
[0032] Since the loop stiffness of a pouch film laminate body is affected by the thickness, material, and the like of each layer (i.e., a base layer, a gas barrier layer, a sealant layer) constituting the pouch film laminate body, it is possible to manufacture a pouch film laminate body having desired loop stiffness by controlling the thickness, material, and the like of each layer constituting the pouch film laminate body. For example, a gas barrier layer may be formed of a soft aluminum thin film (e.g. AA8021) having high elongation, a gas barrier layer may be formed thick to a thickness of 50 μm to 100 μm, and a base layer may be composed of a film or film laminate body having an MD direction breakage strength of 10 N/15 mm to 18 N/15 mm so as to manufacture a pouch film laminate body satisfying the loop stiffness of the present invention. However, a method for manufacturing a pouch film laminate body satisfying the loop stiffness value of the present invention is not limited thereto.
…
Base Layer
…
[0035] The base layer 10 may be made of a polymer material, and for example, may be made of a polymer material selected from the group consisting of polyethylene, polypropylene, polycarbonate, polyethylene terephthalate, polyvinyl chloride, acrylic polymer, polyacrylonitrile, polyimide, polyamide, cellulose, aramid, nylon, polyester, polyparaphenylene benzobisoxazole, polyarylate, and Teflon.
[0036] The base layer 10 may have a single-layered structure, or may have a multi-layered structure in which different polymer films 12 and 14 are laminated as illustrated in FIG. 1. When the base layer 10 has a multi-layered structure, an adhesive layer 16a may be interposed between the polymer films.
[0037] Meanwhile, the base layer 10 may have an overall thickness of 5 μm to 60 μm, preferably 10 μm to 50 μm, more preferably 20 μm to 50 μm. When the base layer has a multi-layered structure, the above thickness is a thickness including the thickness of an adhesive layer interposed between a film and a film. At this time, the thickness of the adhesive layer may be 1 μm to 10 μm, preferably 1 μm to 7 μm, more preferably 1 μm to 4 μm. When the thickness of the base layer 10 satisfies the above range, durability, insulation properties, and moldability are excellent. If a base layer is too thin, durability may be reduced, and the base layer may break during a molding process, and if too thick, moldability may be degraded, the overall thickness of the pouch film laminate film may increase, and a battery accommodation space may be reduced, resulting in a decrease in energy density.
…
[0043] The polyethylene terephthalate film may have a thickness of 5 μm to 20 μm, preferably 5 μm to 15 μm, more preferably 7 μm to 15 μm, and the nylon film may have a thickness of 10 μm to 40 μm, preferably 15 μm to 35 μm, more preferably 15 μm to 25 μm. When the thickness of the polyethylene terephthalate film and the thickness of the nylon film satisfy the above ranges, moldability, bendability, and durability are improved, and a loop stiffness value required in the present invention may be easily implemented.
Gas Barrier Layer
…
[0045] The gas barrier layer may have a thickness of 50 μm to 100 μm, preferably 55 μm to 90 μm, more preferably 55 μm to 80 μm. When the thickness of the gas barrier layer satisfies the above range, it is easy to implement a desired loop stiffness value, and moldability is increased, so that it is possible to mold a cup portion deep and sharp. Typically, a gas barrier layer is commonly formed using an aluminum alloy thin film having a thickness of 40 μm. However, when the thickness of a gas barrier layer is about 40 μm, the bendability of a pouch film laminate body is poor, so that it is difficult to implement a desired loop stiffness value, and the moldability is poor, so that there is a limitation in increasing a molding depth, and it is difficult to mold a cup portion to have a sharp edge.
[0046] Meanwhile, the gas barrier layer may be made of a metal material, and may specifically be composed of an aluminum alloy thin film.
[0047] The aluminum alloy thin film may include aluminum, and a metal element other than the aluminum, for example, one or two or more selected from the group consisting of iron (Fe), copper (Cu), chromium (Cr), manganese (Mn), nickel (Ni), magnesium (Mg), silicon (Si) and zinc (Zn).
[0048] Preferably, the aluminum alloy thin film may have an iron (Fe) content of 1.2 wt % to 1.7 wt %, preferably 1.3 wt % to 1.7 wt %, more preferably 1.3 wt % to 1.45 wt %. When the iron (Fe) content in the aluminum alloy thin film is less than 1.2 wt %, the strength of the aluminum alloy thin film is degraded, which may cause cracks and pinholes during molding, and when greater than 1.7 wt %, the flexibility of the aluminum alloy thin film is reduced, so that there is a limit to improving moldability and bendability.
…
[0051] Specifically, the aluminum alloy thin film may be an aluminum alloy with the alloy number AA8021, but is not limited thereto.
Sealant Layer
…
[0054] The sealant layer 30 may be made of a polymer material, and for example, may be made of one or more selected from the group consisting of polyethylene, polypropylene, polycarbonate, polyethylene terephthalate, polyvinyl chloride, acrylic polymer, polyacrylonitrile, polyimide, polyamide, cellulose, aramid, nylon, polyester, polyparaphenylene benzobisazole, polyarylate, and Teflon, and among the above, it is particularly preferable that polypropylene (PP) is included, which has excellent mechanical properties such as tensile strength, stiffness, surface hardness, abrasion resistance, and heat resistance, and excellent chemical properties such as corrosion resistance.
[0055] More specifically, the sealant layer 30 may include polypropylene, cast polypropylene (CPP), acid-modified polypropylene, a polypropylene-butylene-ethylene copolymer, or a combination thereof.
[0056] The sealant layer 30 may have a single-layered structure, or may have a multi-layered structure including two or more layers composed of different polymer materials.
[0057] The sealant layer may have a total thickness of 60 μm to 100 μm, preferably 60 μm to 90 μm, more preferably 70 μm to 90 μm. If the sealant layer is too thin, the sealing durability and insulation properties may be reduced, and if too thick, the bendability may be reduced and the total thickness of the pouch film laminate body may increase, resulting in a decrease in energy density relative to volume.
(Instant specification, at e.g. ¶¶ 0001, 21, 28-29, 32, 35-37, 43, 45-51, 54-57, 102, and 150-151 emphasis added.)
A chart is compiled below to illustrate the disclosures in the instant application and the art, and is provided merely for ease of reference.
Claim 1 limitation:
Claim 2 limitation:
Instant specification provides:
Art teaches:
Overlap:
Base material Layer:
Claimed composition
Polyethylene terephthalate film &
Nylon film
Single-layered or multi-layered;
made of a polymer material, for example, may be polyethylene, polypropylene, polycarbonate, polyethylene terephthalate, polyvinyl chloride, acrylic polymer, polyacrylonitrile, polyimide, polyamide, cellulose, aramid, nylon, polyester, polyparaphenylene benzobisoxazole, polyarylate, and Teflon
(e.g. ¶¶ 35-36)
polyethylene terephthalate w/ thickness of about 2-20 µm; bonding layer/adhesive layer w/ thickness of e.g. 0.2-10 µm; plus,
nylon layer w/ thickness of about 3-50 µm
(e.g. supra)
polyethylene terephthalate; plus,
nylon layer
(e.g. supra)
Claimed thickness
None
5-60 µm
(e.g. ¶ 37)
about 2-20 µm; plus, about 3-50 µm
(e.g. supra)
5.2-60 µm
Gas Barrier Layer:
Claimed composition
None
a metal material, may be composed of an aluminum alloy thin film,
the aluminum alloy thin film may be an aluminum alloy with the alloy number AA8021, but is not limited thereto
(e.g. ¶¶ 46-48 and 51)
aluminum alloy foil with a composition such as JIS A8021H-O, A8079H-O, A8021P-O
(e.g. supra)
JIS A8021
Claimed thickness
60-100 µm
50-100 µm, e.g. 60 µm
(e.g. ¶¶ 45 & 74)
e.g. 10-100 µm
(e.g. supra)
60-100 µm
Sealant Layer:
Claimed composition
None
Single-layered or multi-layered;
a polymer material, for example, polyethylene, polypropylene, polycarbonate, polyethylene terephthalate, polyvinyl chloride, acrylic polymer, polyacrylonitrile, polyimide, polyamide, cellulose, aramid, nylon, polyester, polyparaphenylene benzobisazole, polyarylate, and Teflon
(e.g. ¶¶ 54-56)
heat-sealable resin layer may be composed of e.g. polypropylene and/or acid-modified polypropylene
(e.g. supra)
polypropylene and/or acid-modified polypropylene
Claimed thickness
60-100 µm
60-100 µm
(e.g. ¶ 57)
e.g. 20-100 µm
(e.g. supra)
60-100 µm
Property:
Loop stiffness in a machine direction
750-1300 mN
General teaching of loop stiffness: by controlling the thickness, material, and the like of each layer
(e.g. ¶29)
See supra
See supra
Loop stiffness in a transverse direction
750-1300 mN
General teaching of loop stiffness: by controlling the thickness, material, and the like of each layer
(e.g. ¶29)
See supra
See supra
Ratio of a loop stiffness in a transverse direction to the loop stiffness in the machine direction
0.9-1.1
General teaching of loop stiffness: by controlling the thickness, material, and the like of each layer
(e.g. ¶29)
See supra
See supra
Regarding claims 2 and 4, Tsumori teaches the battery packaging material laminate of claim 1, but does not expressly teach the limitations “loop stiffness of the pouch film laminate body in a transverse direction (TD) of the pouch film laminate body is 750 mN to 1300 mN” (claim 2) or “the base layer has a breakage strength of 10 N/15 mm to 18 N/15 mm in the machine direction” (claim 4).
However, Tsumori teaches a substantially identical battery packaging material laminate with excellent moldability to that of the instant invention (said battery packaging material laminate, wherein each layer of said laminate severably has an identical/substantially identical composition and substantially identical thickness to those of the instant invention, further each layer of said laminate is in a correspondingly similar order to that of the instant invention (see supra, incorporated herein by reference), establishing a prima facie case of obviousness of the claimed limitation, see also e.g. MPEP § 2112.01.
Regarding claim 6, Tsumori teaches the battery packaging material laminate of claim 1, wherein said laminate comprises said protective layer (e.g. item 1) composed of said resin layer (e.g. item 1a) and said bonding layer/adhesive layer (e.g. item 1b),
wherein said resin layer (e.g. item 1a) is preferably composed of said polyethylene terephthalate and may have said thickness of e.g. about 2 to 20 µm (e.g. supra), corresponding with instant “polymer layer” (e.g. item 12, component of item 10) see e.g. instant Figure 1; and,
wherein said bonding layer/adhesive layer (e.g. item 1b) may be composed of e.g. said polyester resin with good adhesion and have a thickness of e.g. 0.2-10 µm (e.g. supra), corresponding with the instant “adhesive layer” (e.g. item 16a, component of item 10),
wherein said base layer/substrate layer (e.g. item 2) may be composed of said layer of nylon or multi-layers of laminated nylon, and may have said thickness of about 3-50 µm, preferably 10-35 µm (e.g. supra), corresponding with the instant “polymer film” (e.g. item 14, component of item 10) see e.g. instant Figure 1,
a combination of said protective layer (e.g. item 1), said resin layer (e.g. item 1a), and said base layer/substrate layer (e.g. item 2) corresponding with the claimed “base layer,” e.g. instant item 10, severably establishing a prima facie case of obviousness of the claimed ranges, see also e.g. MPEP § 2144.05(I), reading on “the polyethylene terephthalate film has a thickness of 5 µm to 20 µm, and the nylon film has a thickness of 10 µm to 30 µm.”
Regarding claims 8-9, Tsumori teaches the battery packaging material laminate of claim 1, wherein said laminate comprises said barrier layer (e.g. item 3),
wherein said barrier layer has said function of preventing water vapor, oxygen, light, and the like from penetrating into the inside of the battery in addition to improving the strength of said battery packaging material,
wherein said thickness of said barrier layer is may be e.g. 10-100 µm, noting the thickness is chosen so that it is sufficiently thick so that said barrier layer functions as said barrier against water vapor and the like,
wherein said barrier layer is preferably said aluminum alloy foil with said composition such as JIS H4160:1994 A8021H-O, JIS H4160:1994 A8079H-O, JIS H4000:2014 A8021P-O, JIS H4000:2014 A8079P-O in order to prevent pinholes and wrinkles from occurring in said barrier layer during the production of said battery package material, noting the JIS H 4160-1994 standard provides the A8021 aluminum alloy has 1.2-1.7% iron and the A8079 aluminum alloy has 0.7-1.3% iron, wherein said A8021H-O and A8079H-O aluminum alloys are optimized for packaging material with few pinholes and other defects harmful in use (p.2), further noting said taught aluminum alloy of JIS H4160:1994 A8021H-O is identical/substantially identical to the instant AA8021 alloy, severably establishing a prima facie case of obviousness of the claimed ranges, see also e.g. MPEP § 2144.05(I), reading on “the gas barrier layer comprises an aluminum alloy thin film” (claim 8); and, “the aluminum alloy thin film comprises 1.2 wt% to 1.7 wt% of iron” (claim 9).
Regarding claim 10, Tsumori teaches the battery packaging material laminate of claim 8, wherein said laminate comprises said barrier layer (e.g. item 3),
wherein said barrier layer is preferably said aluminum alloy foil with said composition such as JIS H4160:1994 A8021H-O, JIS H4160:1994 A8079H-O, JIS H4000:2014 A8021P-O, JIS H4000:2014 A8079P-O in order to prevent pinholes and wrinkles from occurring in said barrier layer during the production of said battery package material (e.g. supra), but does not expressly teach the limitation “the aluminum alloy thin film has a grain size of 10 µm to 13 µm.”
However, Tsumori teaches an identical/substantially identical composition (A8021H-O), noting the JIS H 4160-1994 standard provides the A8021 aluminum alloy has 1.2-1.7% iron, wherein said taught A8021H-O aluminum alloy is optimized for packaging material with few pinholes and other defects harmful in use, and said battery package material has excellent moldability (e.g. supra, compare with instant specification, at e.g. ¶¶ 0011 and 49-51), establishing a prima facie case of anticipation/obviousness of said limitation, see also e.g. MPEP § 2112.01.
Regarding claim 12, Tsumori teaches the battery packaging material laminate of claim 1, wherein said laminate comprises said heat-sealable resin layer (e.g. item 4) as the innermost layer of said battery packaging material,
wherein said heat-sealable resin layer may be composed of e.g. polypropylene and/or acid-modified polypropylene and may have a thickness of e.g. 20-100 µm (e.g. supra), establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on “the sealant layer comprises cast polypropylene, acid-treated polypropylene, a polypropylene-butylene-ethylene copolymer, or a combination thereof.”
Allowable Subject Matter
Claim 13 is objected to as incorporating a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of said base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: none of the timely art of record teaches or suggests the claimed invention of claim 13, specifically the claimed battery case comprising the pouch film laminate body of newly amended claim 1, wherein the battery case includes at least one cup portion, wherein the cup portion has a depth of 10 mm or greater, and a curl height of 25 mm or less.
Response to Arguments
Applicant’s arguments filed January 22, 2026 have been fully considered but they are not persuasive.
The applicant alleges the following regarding the separate 35 U.S.C. § 103 rejections of claims 1, 2, 4, 6, 8-10, and 12-13 over Takahagi; and, claims 1, 2, 4, 6, 8-10, and 12 over Tsumori with evidence from JIS H 4160-1994.
First, the applicant alleges the following.
The Legal Standard for Inherency Is Not Met
Inherency cannot be established by mere probabilities or possibilities. Rather, “[t]he mere fact that a certain thing may result from a given set of circumstances is not sufficient” to establish inherency. In re Robertson, 169 F.3d 743, 745 (Fed. Cir. 1999). A feature is inherent only if it is “necessarily present” and “would always result” from the prior art disclosure. See MPEP § 2112.01(I).
Here, neither Takahagi nor Tsumori measures, discloses, or even mentions loop stiffness. The Action's inherency finding rests entirely on the assumption that “similar laminate structures” would necessarily produce the claimed loop stiffness values. However, as demonstrated below, this assumption is incorrect - the claimed loop stiffness is conditions-dependent on specific layer thickness configurations, and Takahagi’s disclosed thicknesses differ materially from those required to achieve the claimed properties.
The Prior Art Structures Are Not “Substantially Identical”
The Action's inherency rationale depends on a finding that the prior art teaches “substantially identical” structures. This finding is not supported by the record. A side-by-side comparison reveals significant differences in the thickness ranges disclosed by the present application versus Takahagi.
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Most critically, the gas barrier layer thickness ranges do not meaningfully overlap. Takahagi discloses a range of 10-50 µm, while the present invention requires 50-100 µm. The claimed range begins where Takahagi’s range ends. This is not a case of overlapping ranges from which one of ordinary skill would have been motivated to select - it is a case of deliberately selecting a thicker gas barrier layer to achieve specific functional properties. Furthermore, the present specification explicitly teaches that a gas barrier layer thickness of approximately 40 µm - squarely within Takahagi’s preferred range - is insufficient to achieve the desired loop stiffness:
[0045] The gas barrier layer may have a thickness of 50 µm to 100 µm, preferably 55 µm to 90 µm, more preferably 55 µm to 80 µm. When the thickness of the gas barrier layer satisfies the above range, it is easy to implement a desired loop stiffness value, and moldability is increased, so that it is possible to mold a cup portion deep and sharp. Typically, a gas barrier layer is commonly formed using an aluminum alloy thin film having a thickness of 40 µm. However, when the thickness of a gas barrier layer is about 40 µm, the bendability of a pouch film laminate body is poor, SO that it is difficult to implement a desired loop stiffness value, and the moldability is poor, SO that there is a limitation in increasing a molding depth, and it is difficult to mold a cup portion to have a sharp edge.
This disclosure directly contradicts the Action’s position that Takahagi’s structure would inherently exhibit the claimed loop stiffness.
(Remarks, at 5:3-7:2, emphasis in the original.)
In response, regarding the 35 U.S.C.103 rejection over Takahagi, the examiner respectfully refers supra, noting that the amendment to claim 1, from which the other claims depend or incorporate by reference, overcomes the rejection.
In response, regarding the 35 U.S.C.103 rejection over Tsumori, the examiner respectfully refers supra, noting the argument is not commensurate with the scope of newly amended claim 1, from which the other claims depend or incorporate by reference.
Second, the applicant alleges the following.
Applicant’s Experimental Data Affirmatively Disproves Inherency
The present specification provides experimental evidence that conclusively demonstrates the loop stiffness values recited in claim 1 are not inherent in structures having the prior art's thickness ranges.
Comparative Example 1 uses a gas barrier layer thickness of 40 µm - within Takahagi’s disclosed range of 10-50 µm. The results are unambiguous:
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These results are dispositive. When the gas barrier thickness falls within the prior art's range (40 µm), the resulting loop stiffness (600 mN) falls outside the claimed range of 750-1300 mN, and performance suffers dramatically - limit molding depth decreases by nearly 50%, and curl height increases by approximately 800%.
The specification further confirms that loop stiffness is not an inherent property of any particular laminate structure, but rather is controlled by the specific thickness and material selections:
[0032] Since the loop stiffness of a pouch film laminate body is affected by the thickness, material, and the like of each layer (i.e., a base layer, a gas barrier layer, a sealant layer) constituting the pouch film laminate body, it is possible to manufacture a pouch film laminate body having desired loop stiffness by controlling the thickness, material, and the like of each layer constituting the pouch film laminate body. For example, a gas barrier layer may be formed of a soft aluminum thin film (e.g. AA8021) having high elongation, a gas barrier layer may be formed thick to a thickness of 50 µm to 100 µm, and a base layer may be composed of a film or film laminate body having an MD direction breakage strength of 10 N/ 15 mm to 18 N/ 15 mm so as to manufacture a pouch film laminate body satisfying the loop stiffness of the present invention. However, a method for manufacturing a pouch film laminate body satisfying the loop stiffness value of the present invention is not limited thereto.
Because loop stiffness is a controlled, conditions-dependent property - not an inevitable consequence of any laminate structure - the Action’s inherency findings over both Takahagi and Tsumori cannot stand. Applicant has provided clear experimental evidence that a structure within both references’ disclosed ranges fails to achieve the claimed loop stiffness. This is precisely the type of evidence that rebuts a prima facie case of inherency. Inherency requires that the missing limitation “must necessarily be present.”
Moreover, even setting aside the inherency issue, Tsumori affirmatively teaches away from the claimed gas barrier layer thickness. Tsumori discloses that the barrier layer thickness is “preferably about 100 µm or less, more preferably about 10 to 100 µm. More preferably, about 10-80 micrometers is mentioned.” Critically, Tsumori expressly states that this preference is motivated by “the viewpoint of reducing the thickness of the battery packaging material.” In other words, Tsumori’s express teaching is to minimize, not maximize - barrier layer thickness. Tsumori’s “more preferred” range of 10-80 µm, guided by the goal of thickness reduction, would lead one of ordinary skill in the art toward the lower end of this range, not toward a thicker gas barrier layer recited in claim 1. A reference that expressly motivates selecting thinner barrier layers cannot render obvious a claim requiring a thicker barrier layer specifically chosen to achieve the claimed loop stiffness properties. A reference teaches away when it would discourage a POSA from following the path taken by the Applicant.
(Remarks, at 7:3-8:3, emphasis in the original.)
In response, regarding the 35 U.S.C.103 rejection over Takahagi, the examiner respectfully refers supra, noting that the amendment to claim 1, from which the other claims depend or incorporate by reference, overcomes the rejection.
In response, regarding the 35 U.S.C.103 rejection over Tsumori, the examiner respectfully notes that the argument is not commensurate with the scope of the rejection. The rejection supra is incorporated herein by reference.
For example, the examiner notes that not only does Tsumori teach the claimed laminate, with corresponding layers, compositions of each, and thicknesses of each, but it further teaches said laminate is for the same purpose as the instant invention, a battery packaging material, and further teaches said battery packaging material laminate has excellent moldability.
In comparison, the instant specification provides that the gas barrier layer may be the following.
Gas Barrier Layer
[0044] The gas barrier layer 20 is to secure mechanical strength of the battery case, block access of gas, moisture, or the like outside a secondary battery, and prevent leakage of an electrolyte.
[0045] The gas barrier layer may have a thickness of 50 μm to 100 μm, preferably 55 μm to 90 μm, more preferably 55 μm to 80 μm. When the thickness of the gas barrier layer satisfies the above range, it is easy to implement a desired loop stiffness value, and moldability is increased, so that it is possible to mold a cup portion deep and sharp. Typically, a gas barrier layer is commonly formed using an aluminum alloy thin film having a thickness of 40 μm. However, when the thickness of a gas barrier layer is about 40 μm, the bendability of a pouch film laminate body is poor, so that it is difficult to implement a desired loop stiffness value, and the moldability is poor, so that there is a limitation in increasing a molding depth, and it is difficult to mold a cup portion to have a sharp edge.
(Instant specification, at e.g. ¶0044, emphasis added.)
Further, the data provided is not commensurate with the scope of the data. For example, as the applicant notes above, the loop stiffness property of the laminate depends on the composition and thickness of each layer.
However, for example, claim 1 does not provide for a composition of the gas barrier layer to be a metal, let alone aluminum or AA2021 aluminum alloy, which is the composition provided in examples 1-3.
[0046] Meanwhile, the gas barrier layer may be made of a metal material, and may specifically be composed of an aluminum alloy thin film.
…
[0051] Specifically, the aluminum alloy thin film may be an aluminum alloy with the alloy number AA8021, but is not limited thereto.
(Instant specification, at e.g. ¶¶ 0045 and 51, emphasis added.)
As a result, the examiner respectfully notes that a proper prima facie case of obviousness has been established.
Conclusion
The art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kang et al (US 2025/0062451);
Imamoto et al (US 2020/0091473);
Yoshino et al (US 2020/0215795);
Yu et al (US 2018/0269434);
Muraki et al (US 2018/0233709);
Han et al (US 2018/0138480);
Taniguchi (US 2017/0025647);
Yamashita et al (US 2016/0197318);
Hwang et al (US 2016/0133884);
Hwang et al (US 2016/0133883);
Lee et al (US 2016/0133882);
Kim et al (US 2013/0011721);
Son et al (US 2009/0104467); and,
Yamashita et al (US 2003/0054241).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSHITOSHI TAKEUCHI whose telephone number is (571)270-5828. The examiner can normally be reached M-F, 8-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TIFFANY LEGETTE-THOMPSON can be reached at (571)270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YOSHITOSHI TAKEUCHI/Primary Examiner, Art Unit 1723