Patent Application 15734790 - ADHESIVE FILM FOR METAL TERMINAL METAL TERMINAL - Rejection
Appearance
Patent Application 15734790 - ADHESIVE FILM FOR METAL TERMINAL METAL TERMINAL
Title: ADHESIVE FILM FOR METAL TERMINAL, METAL TERMINAL WITH ADHESIVE FILM, AND BATTERY
Application Information
- Invention Title: ADHESIVE FILM FOR METAL TERMINAL, METAL TERMINAL WITH ADHESIVE FILM, AND BATTERY
- Application Number: 15734790
- Submission Date: 2025-04-07T00:00:00.000Z
- Effective Filing Date: 2020-12-03T00:00:00.000Z
- Filing Date: 2020-12-03T00:00:00.000Z
- National Class: 428
- National Sub-Class: 343000
- Examiner Employee Number: 87927
- Art Unit: 1759
- Tech Center: 1700
Rejection Summary
- 102 Rejections: 0
- 103 Rejections: 1
Cited Patents
The following patents were cited in the rejection:
Office Action Text
RESPONSE TO AMENDMENT 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 . Request for Continued Examination 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 18 February 2025 has been entered. Application Status Amendments to claim 1, filed on 18 February 2025, have been entered in the above-identified application. Claims 1-13 and 15-17 are pending, of which claims 16-17 remain withdrawn from consideration as described on pages 3-4 of the Office Action mailed on 14 June 2024. WITHDRAWN REJECTIONS The 35 U.S.C. § 103 rejection of claims 1-13 and 15 as over JP 2016-91939 A in view of Park (U.S. Pub. 2016/0177136), made of record on page 3, paragraph 5 of the office action mailed 19 November 2024 has been withdrawn due to Applicant’s amendment in the response filed 18 February 2025. In particular, Park teaches an adhesive surface roughness in excess of the presently claimed range. NEW REJECTIONS The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. Claim Rejections - 35 USC § 103 Claims 1-13 and 15 are rejected under 35 U.S.C. 103 as being obvious over JP 2016-91939 A in view of JP 2017/103027 A. Applicant’s provided translation of JP ‘939 (submitted with the IDS filed 03 December 2020) and a machine translation of JP 6,728,653 B2 were relied upon for analysis. Note that JP ‘653 is the Japanese patent which matured from JP ‘027. Regarding claim 1, JP ‘939 discloses an adhesive resin film for terminals of a power storage device, see paragraph [0001] of the translation. The reference describes a tab comprising a metal terminal and the terminal resin film which covers part of the outer peripheral surface of the metal terminal, see paragraph [0020]. See FIGS. 1-3 and description at paragraphs [0027] and [0030] and [0040]. PNG media_image1.png 455 768 media_image1.png Greyscale PNG media_image2.png 519 480 media_image2.png Greyscale Metal terminal body 14-1 includes a corrosion prevention layer 14-2 and is electrically connected to the negative electrode of the battery, see [0040]. Terminal resin film includes a first outermost layer 31 that is in contact with an outer peripheral side surface of the metal terminal and a second outermost layer 32 that is in contact with the packaging material 13. Intermediate layer 33 is laminated between these layers. The terminal resin film may include 1, 2, or 4 or more layers, see [0045]. First outermost layer 31 preferably contains an acid-modified polyolefin random copolymer with adhesion to the metal terminal 14. Maleic-anhydride modified polypropylene is exemplified, see [0054] and [0111]. This reads on a polyolefin backbone resin as claimed. The melting point of this material is from 120-145°C, preferably form 125-140°C. See [0051]. In Example 1, this acid-modified polypropylene has a melting point of 140°C which is within the claimed range of 120 to 156 °C. The melting point is measured by differential scanning calorimetry, see [0051]. This material thus teaches each element of the claim except for the surface roughness of the adhesive film on one side being 0.5 to 50 microns as recited in claim 1. JP ‘653 describes a non-aqueous secondary battery, see p. 1, first and second paragraphs. The battery includes an electrode, a porous film layer, and an adhesive layer, see p. 2, first full paragraph. By controlling the surface roughness of the surface of the porous film layer or the electrode in contact with the adhesive layer, the adhesiveness can be enhanced, see id. This improved adhesion also improves battery performance such as the battery state after repeated cycles, see id. The surface roughness Ra is controlled to be from 0.1 microns to 5.0 microns, see p. 2, third full paragraph. See also discussion at p. 12, bottom paragraph. The Examiner has presumed that the surface roughness of the porous film will coincide with the surface roughness of the adhesive layer upon being placed into contact, and thus the surface roughness of the adhesive layer will match that of the porous film. Note that the adhesive layer of JP ‘653 includes a binder and organic particles with a diameter larger than the surface roughness of the porous film layer such that the particles do not affect the surface unevenness of the porous film layer or the adhesiveness of the layer, see p. 5, first full paragraph. JP ‘939 and JP ‘653 are analogous because they are similar in structure and function, as they each disclose adhesive resin films used for batteries. It would have been obvious to one of ordinary skill in the art at the time of the invention to have a surface roughness of the adhesive film be in the range disclosed in JP ‘653 to arrive at the claimed invention. One would have been motivated to formulate the adhesive layer to have a surface roughness as disclosed in JP ‘653 to improve battery performance after repeated cycles, see p. 2, first full paragraph. Regarding claim 2, The adhesive film of JP ‘939 includes a block polypropylene in which ethylene-propylene rubber and polyethylene are dispersed in homopolypropylene with a sea-island structure, see paragraph [0059]. This is included in the intermediate layer 33, see paragraph [0058]. Regarding claims 3 and 4, JP ‘939 is relied upon as described above. The reference is silent regarding the residual thickness ratio and heat shrinkage ratio as recited in the claims. However, the Examiner notes that the prior art generally teaches the claimed invention including the use of acid-modified polypropylene resin in a heat-sealable laminate structure for a metal terminal for a battery, and as such it would be expected to have similar properties. The examiner notes that the courts have held that where the claimed and prior art products are identical or substantially identical, or are produced by identical or substantially identical processes, “the PTO can require an applicant to prove that the prior art products do not necessarily or inherently possess the characteristics of the claimed product. Whether the rejection is based on ‘inherency’ under 35 USC 102, or ‘prima facie obviousness’ under 35 USC 103, jointly or alternatively, the burden of proof is the same, and its fairness is evidenced by the PTO’s inability to manufacture products or to obtain and compare prior art products.” In re Fitzgerald, 619 F.2d 67, 70, 205 USPQ 594, 596 (CCPA 1980) (quoting In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433-34 (CCPA 1977)). The Examiner notes that the prior art discloses an adhesive composition having the same components and some properties including melting point for the adhesive film as claimed in claim 1 as described above. Therefore, one of ordinary skill in the art would expect the same or similar properties to arise. Since the prior art discloses the adhesive film for a metal terminal for a battery of claim 1, the examiner believes the claimed properties are either anticipated or highly obvious. Regarding claim 5, as the acid-modified polyolefin of JP ‘939 is maleic anhydride-modified polypropylene (see paragraphs [0054] and [0111]), a peak derived from maleic anhydride will be present when analyzed by infrared spectroscopy. Regarding claim 6, random acid-modified polypropylene is used in the resin film of JP ‘939, see Example 1 at paragraph [0111]. Regarding claim 7, a block polypropylene is present in the resin layer of JP ‘939, see Example 1 at paragraph [0111]. Regarding claim 8, random acid-modified polypropylene is used in the resin film of JP ‘939, see Example 1 at paragraph [0111]. Regarding claim 9, JP ‘939 describes the resin film laminate example at paragraphs [0111-0114]. No stretching is described for the polypropylene, thus unstretched polypropylene is presumed to be present. Regarding claim 10, Example 1 of JP ‘939 describes a laminate comprising a first outermost layer comprising random acid-modified polypropylene, an intermediate layer of block polypropylene, and a second outermost layer of random acid-modified polypropylene, see paragraph [0111]. Regarding claim 11, JP ‘939 does not specify the ratio of an area of island portions in the sea-island structure as claimed. However, the ratio of area of the islands in the sea structure depends upon the relative amounts of the composition of the layer. JP ‘939 does describe the content of the adhesive resin film layers, and notes that the content of propylene random copolymer and its acid-modified product in the polyolefin contained in the first outermost layer is 25% by mass or more, preferably 50% by mass or more, see paragraph [0054]. The claimed area ratio is expected to be necessarily present by such an amount of polyolefin content in the composition. Thus, the Examiner has considered this teaching to anticipate the claim. Regarding claims 12-13, random acid-modified polypropylene is used in the resin film, see Example 1 at paragraph [0111]. Regarding claim 15, as shown in FIG. 3 of JP ‘939 (copied above for reference), metal terminal body 14-1 includes a corrosion prevention layer 14-2 and is electrically connected to the negative electrode of the battery, see [0040]. Terminal resin film includes a first outermost layer 31 that is in contact with an outer peripheral side surface of the metal terminal and a second outermost layer 32 that is in contact with the packaging material 13. Intermediate layer 33 is laminated between these layers. The terminal resin film may include 1, 2, or 4 or more layers, see [0045]. The laminate is heat sealed, see Example 1, paragraph [0114] RESPONSE TO APPLICANT’S ARGUMENTS Applicant’s arguments in the response filed 18 February 2025 regarding the 35 U.S.C. § 103 rejection of claims 1-13 and 15 of record over JP ‘939 in view of Park (U.S. Pub. 2016/0177136) have been considered but are moot due to the new grounds of rejection. Conclusion All claims are rejected. Any inquiry concerning this communication or earlier communications from the examiner should be directed to Scott R. Walshon whose telephone number is (571)270-5592. The examiner can normally be reached Mon-Fri from 9am - 6pm. 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, Curtis Mayes can be reached on (571) 272-1234. 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. /Scott R. Walshon/ Primary Examiner, Art Unit 1759