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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 1/27/2026 has been entered.
The Applicant has amended independent claim 1, and dependent claims 3 and 11; and added new claim 21.
The pending claims are claims 1-3, 5-16, 18-21.
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, "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
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 is greater than a thickness of the innermost layer and a thickness of the outermost layer,
wherein the thickness of the outermost layer is greater than the thickness of the innermost layer, and wherein the melting point of the outermost layer is higher than the melting point of the innermost layer and lower than the melting point of the intermediate layer.
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).
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 1/1/2026 have been fully considered but they are not persuasive. Applicant argues that “Assuming arguendo, that Choi’s non-polar polypropylene layer 110 is an “intermediate layer” and that Choi’s polar polypropylene layers 120 are an “inner layer” and an “outer layer,” the reference does not disclose or suggest that there is any difference between the polar polypropylene layers 120 in terms of their melting points and thicknesses.”
However, 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.
Additionally, Choi teaches that “it is preferable to have a thickness of 40 to 70 um (para. 10-11) in the innermost layer (non-polar polypropylene resin layer (110) (innermost layer reference 110 in Figs. 4 and 5 of Choi); while the polypropylene thickness is 20um to 50um (para. 11). In addition, the polar polypropylene resin layer (120) is not limited thereto, but when it is 20㎛ or less, the bonding strength with the electrode terminal made of a metal component is reduced, and when it is 50㎛ or more, the cost increases, so it is preferable to have a thickness of 20 to 50㎛. The polar polypropylene resin manufactured in this way is manufactured using a polypropylene resin of the same material as the non-polar polypropylene resin as a basic base, and thus has good interlayer bonding strength,” (para. 11).
A prima facie case of obviousness may be made when chemical compounds have very close structural similarities and similar utilities. "An obviousness rejection based on similarity in chemical structure and function entails the motivation of one skilled in the art to make a claimed compound, in the expectation that compounds similar in structure will have similar properties." In re Payne, 606 F.2d 303, 313, 203 USPQ 245, 254 (CCPA 1979). See In re Papesch, 315 F.2d 381, 137 USPQ 43 (CCPA 1963).
The Applicant argues that “the reference does not disclose or suggest that there is any difference between the polar polypropylene layers in terms of their melting points and thicknesses.”
However, regarding the thickness of the layers, Choi teaches that “it is preferable to have a thickness of 40 to 70 um (pg. 11).” It teaches “polar polypropylene resin layer (120) is not limited thereto, but when it is 20 um or less, the bonding strength with the electrode terminal made of a metal component is reduced, and when it is 50 um or more, the cost increases, so it is preferable to have a thickness of 20 to 50 um.” (para. 13).
Additionally, A prima facie case of obviousness may be made when chemical compounds have very close structural similarities and similar utilities. "An obviousness rejection based on similarity in chemical structure and function entails the motivation of one skilled in the art to make a claimed compound, in the expectation that compounds similar in structure will have similar properties." In re Payne, 606 F.2d 303, 313, 203 USPQ 245, 254 (CCPA 1979). See In re Papesch, 315 F.2d 381, 137 USPQ 43 (CCPA 1963).
Conclusion
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ANGELA J. MARTIN
Examiner
Art Unit 1727
/ANGELA J MARTIN/Examiner, Art Unit 1727
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