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 .
Specification
The disclosure is objected to because of the following informalities: In paragraph [0008], line 5, "surrounds the metal conductor for a circle" should read --surrounds the metal conductor circularly--.
Appropriate correction is required.
Claim Objections
Claims 1, 7-8, 13-14, 15-16, 17-18, and 19 are objected to because of the following informalities:
In claim 1, line 5, "surrounds the metal conductor for a circle:" should read --surrounds the metal conductor circularly:--.
In claim 7, line 29, and claim 8, line 3, "7-12g/10min" should read --7g/10min - 12g/10min--.
In claim 13, line 21, and claim 14, line 25, "3-10g/10min" should read --3g/10min - 10g/10min--.
In claim 15, line 29, and clam 16, line 3, "2-8g/min" should read --2g/10min - 8g/10min-.
In claim 17, line 7, and claim 18, line 11, "3-10g/min" should read --3g/min - 10g/10min--.
In claim 19, line 15 "7-12g/10min" should read --7g/10min - 12g/10min--.
Appropriate correction is required.
Applicant is advised that should claim 3 be found allowable, claim 4 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m).
Claim Interpretation
Claims 9-10 recite the limitation “a surface tension σ1 of the heat-sealing outer layer is ≥25mN/m”, which is interpreted such that the heat-sealing outer layer polymer precursor in its liquid state must have a surface tension σ1 of ≥25mN/m. However, examiner interprets the limitation “a surface tension σ1 of the heat-sealing outer layer is ≥25mN/m” as an instance of functional language that does not require the claimed heat-sealing outer layer polymer to be liquid.
Claims 9-10 recite the limitation “a surface tension σ2 of the low-softening point inner layer is ≥25mN/m”, which is interpreted such that the low-softening point inner layer polymer precursor in its liquid state must have a surface tension σ2 of ≥25mN/m. However, examiner interprets the limitation “a surface tension σ2 of the low-softening point inner layer is ≥25mN/m” as an instance of functional language that does not require the claimed low-softening point inner layer polymer to be liquid.
Claims 11-12 recite the limitation “a surface tension σ1 of the heat-sealing outer layer satisfies: 25mN/m≤σ1≤60mN/m”, which is interpreted such that the heat-sealing outer layer polymer precursor in its liquid state must have a surface tension σ1 satisfying 25mN/m≤σ1≤60mN/m. However, examiner interprets the limitation “a surface tension σ1 of the heat-sealing outer layer satisfies: 25mN/m≤σ1≤60mN/m” as an instance of functional language that does not require the claimed heat-sealing outer layer polymer to be liquid.
Claims 11-12 recite the limitation “a surface tension σ2 of the low-softening point inner layer satisfied 25mN/m≤σ2≤60mN/m”, which is interpreted such that the low-softening point inner layer polymer precursor in its liquid state must have a surface tension σ2 satisfying 25mN/m≤σ2≤60mN/m. However, examiner interprets the limitation “a surface tension σ2 of the low-softening point inner layer satisfied 25mN/m≤σ2≤60mN/m” as an instance of functional language that does not require the claimed low-softening point inner layer polymer to be liquid.
Claim Rejections - 35 USC § 102
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, 5, 7, 13, 17, and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takada (JP 2016091939), as cited on the IDS dated 6/7/2024, wherein an English machine translation is cited.
Regarding claim 1, Takada teaches a power storage device (Takada, [0023], lines 1-2) comprising:
A tab (corresponding to the claimed tab) (Takada, [0023], lines 1-2)
A pair of metal terminal main bodies 14-1 (corresponding to the claimed metal conductor) (Takada, [0041], lines 7-9)
A part of the metal terminal main bodies 14-1 exposed from the packaging material 13 (corresponding to the claimed first end of the metal conductor is a tab welding end) (Takada, [0041], lines 7-9)
A terminal resin film 16 (corresponding to the claimed insulation sealing gasket) (Takada, [0028], lines 1-3)
Fig. 4a from Takada shows a second end of the metal terminal 14-1 opposite to the part of the metal terminal exposed from the packaging material 13 (corresponding to the claimed second end of the metal conductor opposite to the first end is a tab protruding end) (See annotated Fig. 4a below). Fig. 4a from Takada also shows a part of the metal terminal between the exposed metal terminal end and the opposite end (corresponding to the claimed tab insulation zone is formed between the tab welding end and the tab protruding end) (See annotated Fig. 4a below). Takada teaches that the terminal resin film 16 covers a part of the outer peripheral surface of the metal terminal 14 (corresponding to the claimed insulating sealing gasket is arranged on the tab insulation zone) (Takada, [0046], lines 1-2; Figs. 1 & 4a).
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Takada also teaches that the terminal resin film 16 may comprise a cylindrical shape for a cylindrical terminal (corresponding to the claimed insulation sealing gasket surrounds the metal conductor circularly) (Taka, [0095], lines 1-2). Furthermore, annotated Fig. 4a. from Takada above shows the terminal resin film 16 circularly surrounding the metal terminal 14, similar to the shape of insulation sealing gasket cross-section in fig. 2 of the instant application.
Takada further teaches the terminal resin film 16 comprising:
A second outermost layer 32 (corresponding to the claimed heat-sealing outer layer) (Takada, [0046], lines 3-8)
A second intermediate layer between the second outermost layer 32 and the intermediate layer 33 (corresponding to the claimed outer transition layer) (Takada, [0105], lines 1-9)
An intermediate layer 33 (corresponding to the claimed core layer) (Takada, [0046], lines 3-8)
A second intermediate layer between intermediate layer 33 and the first outermost layer 31 (corresponding to the claimed inner transition layer) (Takada, [0105], lines 1-9)
A first outermost layer 31 (corresponding to the claimed low-softening-point inner layer) (Takada, [0046], lines 3-8)
The first outermost layer 31 in contact with the outer side surface of the metal terminal layer (corresponding to the claimed low-softening-point inner layer is arranged on a surface of the metal conductor) (Takada, [0046], lines 3-8)
As stated above, Takada teaches the multiple stacked layers within the terminal resin film 16 (corresponding to the claimed layers which are connected in sequence) (Takada, [0046], lines 3-8); [0105], lines 1-9; See annotated Fig. 3 below).
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Regarding claim 5, Takada teaches a range of 15µm to 50µm for the thickness of the first outermost layer 31 (corresponding to the claimed thickness D5 of the low-softening-point inner layer satisfies 10μm≤D5≤200μm) (Takada, [0056], lines 1-2). Takada also teaches that the second outermost layer 32 may have the same configurations as the first outermost layer 31 (Takada, [0057], lines 3-5). Therefore, Takada also teaches a range of 15µm to 50µm for the thickness of the second outermost layer 32 (corresponding to the claimed thickness D1 of the heat-sealing outer layer satisfies 10μm≤D1≤150μm). The remaining limitations for claim 5 are listed in the alternative, and therefore are not required to be met in the claim scope.
Regarding claim 7, Takada teaches the second outermost layer 32 (corresponding to the claimed heat-sealing outer layer) may comprise the same configurations as the first outermost layer 31 (Takada, [0057], lines 3-5). Furthermore, Takada teaches that the first outermost layer 31 may comprise a polyolefin resin (Takada, [0048], lines 1-4). Therefore, Takada teaches that the second outermost layer 32 may comprise a polyolefin resin (corresponding to the claimed heat-sealing outer layer is a polymer layer) (Takada, [0048], lines 1-4; [0057], lines 3-5). Takada also teaches that the polyolefin resin may comprise a polyolefin random copolymer with a melting point range of 125°C to 140°C (corresponding to the claimed softening point of a polymer of the heat-sealing outer layer is 100°C to 150°C) (Takada, [0049], lines 1; [0052], lines 1-3). The remaining limitations for claim 7 are listed in the alternative, and therefore are not required to be met in the claim scope.
Regarding claim 13, the instant specification states propylene homopolymer as an example polymer for the outer transition layer (Instant specification, [0035], lines 1-2). Takada teaches that the second intermediate layer between the intermediate layer 33 and the second outermost layer 32 (corresponding to the claimed outer transition layer) may comprise a heat-resistant layer (Takada, [0105], lines 1-9), wherein the heat-resistant layer may contain homopolypropylene (Takada, [0067], lines 8-10). Takada further teaches that homopolypropylene is a homopolymer of propylene (corresponding to the claimed outer transition layer is a polymer layer) (Takada, [0054], lines 1-3). Takada also teaches a melting point range of 150°C to 160°C for homopolypropylene (corresponding to the claimed softening point of a polymer of the outer transition layer is 130°C to 200°C) (Takada, [0064], lines 1-3). The remaining limitations for claim 13 are listed in the alternative, and therefore are not required to be met in the claim scope.
Regarding claim 17, the instant specification states propylene homopolymer as an example of the polymer of the inner transition layer (Instant specification, [0039], lines 1-3). Takada teaches a second intermediate layer between the intermediate layer 33 and the first outermost layer 31 (corresponding to the claimed inner transition layer) (Takada, [0104], lines 1-5) may comprise a heat resistant layer (Takada, [0105], lines 1-9). Takada further teaches that the heat-resistant layer may contain a homopolymer of propylene (corresponding to the claimed inner transition layer is a polymer layer) (Takada, [0067], lines 8-10; [0064], line 1). Takada further teaches a melting point range of 150°C to 160°C for a homopolymer of propylene (corresponding to the claimed softening point of a polymer of the inner transition layer is 130°C to 200°C) (Takada, [0064], lines 1-3). The remaining limitations for claim 17 are listed in the alternative, and therefore are not required to be met in the claim scope.
Regarding claim 20, Takada teaches a power storage device comprising the tab, as described in the rejection of claim 1 (Takada, [0002], lines 1-2). Takada further teaches a lithium ion secondary battery as an example of the power storage device (Takada, [0027], lines 2-4). Therefore, the claimed battery comprising the tab according to the instant claim 1 would result from the combination of the power storage device comprising the tab and the lithium ion secondary battery, explicitly disclosed by the prior art. See § MPEP 2112.
Claims 9-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takada (JP 2016091939), as cited in the IDS dated 6/7/2024, as evidenced by Yasuda et al. (US 20170229684 A1), hereinafter “Yasuda”.
Regarding claims 9-12, examiner notes that “a surface tension σ1 of the heat-sealing outer layer is ≥25mN/m” and “a surface tension σ1 of the heat-sealing outer layer satisfies: 25mN/m≤σ1≤60mN/m” are instances of functional language which only impart a structure that is capable of achieving the claimed polymer layer properties (See Claim Interpretation above). See MPEP 2173.05(g). The instant specification states a polyolefin polymer as an example for the polymer of the heat-sealing outer layer (Instant specification, [0027], lines 1-2). Takada teaches that the second outermost layer 32 may comprise a polyolefin resin (Takada, [0048], lines 1-4; [0057], lines 3-5), which corresponds and is identical to the disclosed polyolefin resin of the instant specification. Since Takada’s polyolefin resin second outermost layer 32 is identical to applicant’s heat-sealing outer layer, Takada’s polyolefin resin second outermost layer 32 would also be capable of achieving the claimed polymer layer properties.
Additionally, Yasuda teaches a battery packaging material comprising a resin layer (Yasuda, [0014], lines 4-8), wherein the resin layer may comprise polyolefin resin (Yasuda, [0043]). Yasuda further teaches a wet surface tension range of 35 mN/m or less for the resin layer (Yasuda, [0046], lines 1-5). Therefore, Takada evidenced by Yasuda would suggest the claimed heat-sealing outer layer, wherein a surface tension σ1 of the heat-sealing outer layer is ≥25mN/m.
Further regarding claims 9-12, examiner notes that “a surface tension σ2 of the low-softening-point inner layer is ≥25mN/m” and “a surface tension σ2 of the low-softening-point inner layer satisfies: 25mN/m≤σ2≤60mN/m” are instances of functional language which only impart a structure that is capable of achieving the claimed polymer layer properties (See Claim Interpretation above). See MPEP 2173.05(g). The instant specification states ethylene-propylene copolymer as an example of the polymer of the low-softening-point inner layer (Instant specification, [0041], lines 1-9). Takada teaches the first outermost layer 31 (corresponding to the claimed low-softening point inner layer) may comprise polyolefin resin (Takada, [0048], lines 1-4). Takada further teaches that polyolefin resin may include a polyolefin random copolymer, such as ethylene-propylene random copolymers (Takada, [0049], lines 1-4; [0050], lines 1-2), which corresponds to the disclosed ethylene-propylene copolymer of the instant specification. Since Takada’s ethylene-propylene random copolymer first outermost layer 31 is identical to applicant’s low-softening-point inner layer, Takada’s ethylene-propylene random copolymer first outermost layer 31 would also be capable of achieving the claimed polymer layer properties.
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.
Claims 2-4, 8, 14-16, and 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Takada (JP 2016091939), as cited in the IDS dated 6/7/2024, wherein an English machine translation is cited.
Regarding claims 2, 3, and 4, Takada teaches a range of 30µm to 200µm for the total thickness of the first outermost layer 31, the second outermost layer 32, and the intermediate layer 33 (Takada, [0086], lines 1-3). Takada also teaches that the intermediate layer 33 may comprise a multi-layer structure of two or more layers (Takada, [0074] lines 1-5). As stated in the rejection of claim 1, Takada further teaches the intermediate layer 33 comprising a second intermediate layer between the second outermost layer 32 and the intermediate layer 33 (corresponding to the claimed outer transition layer) (Takada, [0105], lines 1-9) and a second intermediate layer between intermediate layer 33 and the first outermost layer 31 (corresponding to the claimed inner transition layer) (Takada, [0105], lines 1-9). Since Takada teaches a range for the entire thickness of intermediate layer 33, Takada’s total terminal resin thickness range of 30µm to 200µm (Takada, [0086], lines 1-3) must also comprise the thicknesses of the two second intermediate layers. Therefore, Takada’s range of 30µm to 200µm for total thickness of the terminal resin (Takada, [0086], lines 1-3) overlaps with the instantly claimed ranges of 41μm to 300μm and 55μm to 200μm for the thickness of the insulation sealing gasket. In the case where the claimed ranges “overlap or lie inside ranges disclosed by prior art” a prima facie case of obviousness exists. See MPEP §2144.05.
Regarding claim 8, as stated in the rejection of claim 7 above, Takada teaches that the second outermost layer 32 may comprise a polyolefin resin (corresponding to the claimed heat-sealing outer layer is a polymer layer) (Takada, [0048], lines 1-4; [0057], lines 3-5). Takada also teaches that the polyolefin resin may comprise a polyolefin random copolymer with a melting point range of 125°C to 140°C (corresponding to the claimed softening point of a polymer of the heat-sealing outer layer is 100°C to 150°C) (Takada, [0049], lines 1; [0052], lines 1-3). Takada further teaches a melt mass flow rate of 0.5g/10min to 15g/10min (Takada, [0054], lines 1-3), which overlaps with the instantly claimed range of 7g/10min to 12g/10min heat-sealing outer layer melt index. In the case where the claimed ranges “overlap or lie inside ranges disclosed by prior art” a prima facie case of obviousness exists. See MPEP § 2144.05. The remaining limitation for claim 8 is listed in the alternative, and therefore is not required to be met in the claim scope.
Regarding claim 14, as stated above in the rejection of claim 13, Takada teaches that the second intermediate layer between the intermediate layer 33 and the second outermost layer 32 (corresponding to the claimed outer transition layer) may comprise a heat-resistant layer (Takada, [0105], lines 1-9), wherein the heat-resistant layer may contain homopolypropylene (corresponding to the claimed outer transition layer is a polymer layer) (Takada, [0067], lines 8-10). Takada also teaches a melting point range of 150°C to 160°C for homopolypropylene (corresponding to the claimed softening point of a polymer of the outer transition layer is 130°C to 200°C) (Takada, [0064], lines 1-3). The remaining limitations for claim 14 are listed in the alternative, and therefore are not required to be met in the claim scope.
Regarding claims 15 and 16, the instant specification states propylene homopolymer as an example of the polymer of the core layer (Instant specification, [0037], lines 1-3). Takada teaches that the intermediate layer 33 (corresponding to the claimed core layer) may comprise a homopolypropylene, which is a homopolymer of propylene (corresponding to the claimed core layer is a polymer layer) (Takada, [0066], lines 1-3; [0064], lines 1-3). Takada also teaches that the intermediate layer may contain a resin with a melting point range of 200°C or higher (Takada, [0067], lines 3-5), which overlaps with the instantly claimed range of 170°C to 250°C for the softening point of a polymer of the core layer. In the case where the claimed ranges “overlap or lie inside ranges disclosed by prior art” a prima facie case of obviousness exists. See MPEP § 2144.05. The remaining limitations for claims 15 and 16 are listed in the alternative, and therefore are not required to be met in their respective claim scopes.
Regarding claim 18, as stated above in the rejection of claim 17, Takada teaches a second intermediate layer between the intermediate layer 33 and the first outermost layer 31 (corresponding to the claimed inner transition layer) (Takada, [0104], lines 1-5) may comprise a homopolymer of propylene (corresponding to the claimed inner transition layer is a polymer layer) (Takada, [0105], lines 1-9; [0067], lines 8-10; [0064], line 1). Takada further teaches a melting point range of 150°C to 160°C for a homopolymer of propylene (corresponding to the claimed softening point of a polymer of the inner transition layer is 130°C to 200°C) (Takada, [0064], lines 1-3). The remaining limitations for claim 18 are listed in the alternative, and therefore are not required to be met in the claim scope.
Regarding claim 19, the instant specification states ethylene-propylene copolymer as an example of the polymer of the low-softening-point inner layer (Instant specification, [0041], lines 1-9). Takada teaches the first outermost layer 31 (corresponding to the claimed low-softening point inner layer) may comprise polyolefin resin (Takada, [0048], lines 1-4). Takada further teaches that polyolefin resin may include a polyolefin random copolymer, such as ethylene-propylene random copolymers (corresponding to the claimed low-softening-point inner layer is a polymer layer) (Takada, [0049], lines 1-4; [0050], lines 1-2). Takada also teaches a polyolefin random copolymer melting point range of 125°C to 140°C (corresponding to the claimed softening point of a polymer of the low-softening-point inner layer is 100°C-150°C) (Takada, [0052], lines 1-3). Takada teaches a polyolefin random copolymer melt flow rate range of 0.5g/10min to 15g/10min (Takada, [0054], lines 1-3), which overlaps with the instantly claimed range of 7g/10min to 12g/10min for the melt index of the polymer of the low-softening-point inner layer. In the case where the claimed ranges “overlap or lie inside ranges disclosed by prior art” a prima facie case of obviousness exists. See MPEP § 2144.05. The remaining limitation for claim 19 is listed in the alternative, and therefore is not required to be met in the claim scope.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Takada (JP 2016091939) as applied to claims 2-4, 8, 14-16, and 18-19 above, and further in view of Muroi (US 20170005302 A1).
Regarding claim 6, Takada does not teach a Min(D2, D4), referring to a smaller thickness of the thickness D2 of the outer transition layer and the thickness D4 of the inner transition layer, wherein Min(D2, D4)/10≤D3≤Min(D2, D4)/2 is satisfied. However, Muroi teaches a secondary battery comprising a tab sealant (Muroi, [0014], lines 1-10; [0046], lines 1-8). Muroi further teaches that the tab sealant may comprise:
an outermost layer 43 farthest from the lead (corresponding to the claimed outer transition layer (Muroi, [0060], lines 1-3l; [0046], lines 1-8)
an intermediate layer 42 between the innermost layer 41 and the outermost layer 43 (corresponding to the claimed core layer) (Muroi, [0046], lines 1-8)
an innermost layer 41 closest to the lead (corresponding to the claimed inner transition layer) (Muroi, [0046], lines 1-8)
Muroi also teaches a thickness range of 20µm to 250µm for the outermost layer 43 (corresponding to the claimed thickness D2) (Muroi, [0069], lines 1-9). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Muroi's outermost layer 43 thickness range to Takada’s second intermediate layer between the second outermost layer 32 and the intermediate layer 33 in order to avoid using a large amount of heat during heat sealing (Muroi, [0069], lines 1-9).
Muroi teaches a thickness range of 20µm to 120µm for the intermediate layer 42 (corresponding to the claimed thickness D3) (Muroi, [0079], lines 4-8). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Muroi's intermediate layer 42 thickness range to the thickness of Takada’s intermediate layer 33 in order to ensure insulation properties (Muroi, [0081], lines 1-7.
Muroi teaches a thickness range of 20µm to 250µm for the innermost layer 41 (corresponding to the claimed D4 thickness) (Muroi, [0064], lines 1-9). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to add Muroi’s innermost layer 41 thickness range to the thickness of Takada’s second intermediate layer between the first outermost layer 31 and the intermediate layer 33 in order to prevent the deterioration of moisture barrier properties (Muroi, [0064], lines 1-9).
Muroi’s disclosed thickness ranges can be applied to the claimed inequality Min(D2, D4)/10≤D3≤Min(D2, D4)/2, such Muroi’s teachings overlap with the claimed limitation, as determined by examiner (See Table 1 below).
Thickness corresponding to D2
Thickness corresponding to D4
Thickness corresponding to D3
Thicknesses substituted into claimed inequality
100 µm
150 µm
20 µm
100
µ
m
10
≤
20
µ
m
≤
100
µ
m
2
10
µ
m
≤
20
µ
m
≤
50
µ
m
Table 1. Layer thicknesses taken from within Muroi’s disclosed ranges and substituted into to the instantly claimed inequality by examiner to demonstrate the overlap of Muroi’s teachings with the limitations of the instant claim 6.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Rachel Avina whose telephone number is (571)270-0429. The examiner can normally be reached M-F 7:30am-3:30pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Johnson can be reached at (571) 272-1177. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.M.A./ Examiner, Art Unit 1734
/NICHOLAS A WANG/Primary Examiner, Art Unit 1734
Prosecution Insights