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 .
The Applicant has amended independent claims 1, 3, and 11.
The pending claims are claims 1-3, 5-16, 18-21.
THIS ACTION IS MADE FINAL. 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.
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, 3, 11 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.
Regarding claims 1, 3, 11, the phrase "is configured to melt before the outermost layer and the intermediate layer when an internal temperature of the secondary battery increases to release a seal between a case of the secondary battery and the electrode terminal and thereby form a vent to release internal gases from the secondary battery" renders the claim indefinite because it is unclear whether the limitation(s) are part of the claimed invention. See MPEP § 2173.05(d).
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.
Claim(s) 1-3, 5-16, 18-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi Sung Jin, et al., KR 20110002958.
Regarding claim 1, Choi et al., teaches a terminal covering film (para 1 and 3) for covering an electrode terminal (para. 1-2) of a secondary battery (para 1-2), the terminal covering film comprising: an outermost layer formed from a first material (para. 5) (polypropylene resin) and configured to contact a case of the secondary battery (laminate pouch as an outer material) (para. 3); an innermost layer (para. 3) formed from a second material (para. 5) (polar polypropylene resin) and configured to contact the electrode terminal of the secondary battery (para. 3); and an intermediate layer disposed between the outermost layer and the innermost layer (non-stretched polypropylene film (para. 3), wherein the first material is different than the second material (polar polypropylene resin and nonpolar material) (para. 5) wherein the melting point of the innermost layer is in a range from 100°C to 120°C (para. 5-8),wherein a thickness of the intermediate layer (aluminum pouch 300) is greater than a thickness of the innermost layer (nonpolar polypropylene (casted polypropylene)) and a thickness of the outermost layer (non-stretchy propylene resin layer) (60 um thick), and wherein the thickness of the outermost layer (non-stretchy propylene resin layer) (60 um thick)) is greater than the thickness of the innermost layer (nonpolar polypropylene (casted polypropylene)) (para. 9, 11, 13).
Choi et al., does not teach wherein a melting point of the innermost layer is lower than a melting point of the outermost layer and a melting point of the intermediate layer.
However, any film that would eventually melt, as long as it melts before the battery case, is going to create a vent between the terminal and the case.
Regarding claim 2, Choi et al., teaches wherein the melting point of the intermediate layer is higher than the melting point of the outermost layer and the melting point of the innermost layer (para. 5, 6, 8).
Regarding claim 3, Choi et al., teaches a terminal covering film (para 1 and 3) for covering an electrode terminal of a secondary battery (para. 1-2), the terminal covering film comprising:
an outermost layer formed from a first material (para. 5) and configured to contact a case of the secondary battery (laminate pouch as an outer material) (para. 3);
an innermost layer (para. 3) formed from a second material and configured to contact the electrode terminal of the secondary battery (non-stretched polypropylene film, which is the innermost layer material of the aluminum pouch) (para. 3), (para. 5) and
an intermediate layer disposed between the outermost layer and the innermost layer (non-stretched polypropylene film, which is the innermost layer material, wherein the first material is different than the second material (para. 5) of the aluminum pouch (para. 3), wherein a melting point of the innermost layer is lower than a melting point of the outermost layer and a melting point of the intermediate layer,
wherein the melting point of the innermost layer is in a range from 100°C to 120°C ,
(para. 5-8),wherein a thickness of the intermediate layer (aluminum pouch 300) is greater than a thickness of the innermost layer (nonpolar polypropylene (casted polypropylene)) and a thickness of the outermost layer (non-stretchy propylene resin layer) (60 um thick), and wherein the thickness of the outermost layer (non-stretchy propylene resin layer) (60 um thick)) is greater than the thickness of the innermost layer (nonpolar polypropylene (casted polypropylene)) (para. 9, 11, 13).
Choi et al., does not teach wherein a melting point of the innermost layer is lower than a melting point of the outermost layer and a melting point of the intermediate layer.
However, any film that would eventually melt, as long as it melts before the battery case, is going to create a vent between the terminal and the case.
Regarding claim 5, Choi et al., teaches wherein the melting point of the outermost layer is in a range from 130°C and 140°C (para. 5, 6, 8).
Regarding claim 6, Choi et al., teaches wherein the melting point of the intermediate layer is in a range from 155°C and 180°C (para. 5, 6, 8).
Regarding claim 7, Choi et al., teaches wherein the innermost layer comprises at least one of polyethylene (para. 4), and casted polypropylene (para. 3 and 9).
Regarding claim 8, Choi et al., teaches wherein the outermost layer comprises at least one of polyethylene (para. 4) and casted polypropylene (para. 3 and 9).
Regarding claim 9, Choi et al., teaches wherein the intermediate layer comprises at least one of polypropylene (para. 3-6), and polyethylene terephthalate (para. 4).
Regarding claim 10, Choi et al., teaches wherein the intermediate layer comprises a heat resistant material (para. 3-4).
Regarding claim 11, Choi et al., teaches a secondary battery (para. 1, 3, 5-9) comprising: an electrode assembly comprising at least one electrode terminal (para. 1, 2, 4); a case accommodating the electrode assembly (para. 3) such that the at least one electrode terminal protrudes outside of the case (Fig. 2; last para.); and at least one terminal covering film covering at least a part of the at least one electrode terminal (last para.), wherein the at least one terminal covering film comprises: an outermost layer formed from a first material (para. 5) and in contact with the case (last para.), an innermost layer formed from a second material (para. 5) and in contact with the electrode terminal (last para.), and an intermediate layer disposed between the outermost layer and the innermost layer (last para.) wherein the first material is different than the second material (para. 5), and wherein a melting point of the innermost layer is lower than a melting point of the outermost layer (para-8) and a melting point of the intermediate layer, wherein the melting point of the innermost layer is in a range from 100°C to 120°C (para. 5-8),wherein a thickness of the intermediate layer is greater than a thickness of the innermost layer and a thickness of the outermost layer (para. 9, 11, 13), and wherein the thickness of the outermost layer is greater than the thickness of the innermost layer (para. 9, 11, 13).
Choi et al., does not teach wherein a melting point of the innermost layer is lower than a melting point of the outermost layer and a melting point of the intermediate layer.
However, any film that would eventually melt, as long as it melts before the battery case, is going to create a vent between the terminal and the case.
Regarding claim 12, Choi et al., teaches wherein the at least one terminal covering film (last para.) is attached to the case and the at least one electrode terminal to form a seal between the case (pouch) (para. 3-4) and the at least one electrode terminal (para. 3).
Regarding claim 13, Choi et al., teaches wherein the at least one electrode terminal (para. 1-3) comprises a positive electrode terminal (para. 3) and a negative electrode terminal (para. 3), and wherein the at least one terminal covering film (last para.) comprises a first film covering (last para.) at least a part of the positive electrode terminal and a second film covering at least a part of the negative electrode terminal (last para.).
Regarding claim 14, Choi et al., teaches wherein the at least one terminal covering film (last para.) comprises a first region disposed outside of the case (last para.) and a second region disposed inside of the case (last para.).
Regarding claim 15, Choi et al., teaches wherein the secondary battery is a pouch-type lithium-ion secondary battery (para. 1- 3).
Regarding claim 16, Choi et al., teaches wherein the melting point (para. 5-11) of the intermediate layer is higher than the melting point of the outermost layer and the melting point of the innermost layer (para. 5-11).
Regarding claim 18, Choi et al., teaches wherein the innermost layer comprises at least one of polyethylene (para. 4), and casted polypropylene (para. 3 and 9).
Regarding claim 19, Choi et al., teaches wherein the outermost layer comprises at least one of polyethylene (para. 4), and casted polypropylene (para. 3 and 9).
Regarding claim 20, Choi et al., teaches wherein the intermediate layer comprises at least one of polypropylene (para. 3-6), and polyethylene terephthalate (para. 4).
Regarding claim 21, Choi et al., teaches first material is casted polypropylene (“cast polypropylene (CPP”) (para. 2) and second material is polyethylene (para. 2; para. 4).
Response to Arguments
Applicant's arguments filed 6/10/2026 have been fully considered but they are not persuasive. Applicant argues that “Amended claim 1 recites a terminal covering film that is intentionally configured, under increased internal battery temperature, to release the seal between the case and the electrode terminal so as to form a vent path for internal gases.”
However, Choi teaches a “sealing for an electrode terminal of a lithium polymer secondary battery” (para. 3). Additionally, Choi teaches “if the heat fusion process is performed above the melting point of the non-polar polypropylene resin, both the non-polar polypropylene resin and the polar polypropylene resin constituting the film (100) are melted, and as a result, the part where the electrode terminal film (100) is heat-fused to each other on the side of the electrode terminal (200) shrinks and contracts, so
there is a risk that the internal electrolyte of the lithium polymer secondary battery may leak out through this shrinking part.” (pg. 10, last para.).
Applicant argues that “Nothing in Choi suggests that the layer contacting the electrode terminal is intended to melt during an overheating event in order to release the seal and vent gas.“
However, Choi teaches “the polar polypropylene resin is melted, and the non polar polypropylene resin is not melted at a temperature in which the film for the electrode terminal and the electrode terminal are heat-fused, so that the film can be heat-fused to the electrode terminal while maintaining its original shape.” (pg. 9, last para.).
The Applicant argues that “if Choi is assumed to disclose some of the structural aspects of the claimed multilayer film, Choi still fails to disclose or suggest the claimed feature that the innermost layer melts before the outermost and intermediate layers upon increased internal battery temperature to release the seal and form a vent for internal gases.
However, if Choi is assumed to disclose some of the structural aspects of the claimed multilayer film, Choi necessarily suggests the claimed feature that the innermost layer melts before the outermost and intermediate layers upon increased internal battery temperature to release the seal and form a vent for internal gases.
Additionally, Choi teaches a terminal film structure comprising a non-polar polypropylene layer and a polar polypropylene layer, wherein the terminal film is bonded to an aluminum structure (para. 5). Thus, the structure of the terminal film with the aluminum structure would provide differences in melting points because the addition of the aluminum with the film would increase the overall melting point.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELA J MARTIN whose telephone number is (571)272-1288. The examiner can normally be reached 7am-4pm.
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, Barbara Gilliam can be reached at 571-272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
ANGELA J. MARTIN
Examiner
Art Unit 1727
/ANGELA J MARTIN/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
Prosecution Insights