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 .
Claim Status
Claims 53, 92, 96 have been amended; support for claim 53 is found in [0109], support for claim 92 is found in [0182], and the amendment to claim 96 was a minor editorial amendment.
Claims 2-15, 17, 19-52, 55-75, 77-82, 84-89, 93, 98, and 100 have been cancelled.
Claims 104-105 have been added, support is found in [0041] for claim 104 and [0182] for claim 105. No new matter has been added.
Claims 1, 16, 18, 53-54, 76, 83, 90-92, 94-97, 99, 101-105 are currently pending and have been examined on the merits in this office action.
Response to Arguments
Applicant’s arguments dated 05/28/2025 relating to independent claim 1 are noted and are found to be persuasive. Applicant argues that the amended claim 1 is not taught by the prior art as the prior art fails to disclose: (1) the nested enveloped fibrous mat/porous membrane separator structure, and (2) the presently claimed fibrous mat material. Applicant argues that the fibrous mat envelope is not taught as the claim requires two envelopes, one enclosing the negative electrode and the second enclosing the first and thus the nested envelope separator structure is not taught nor rendered obvious. This argument is found to be persuasive.
Applicant further argues that the independent claim 53 is not taught by the prior art as the prior art fails to disclose (1) the presently claimed fibrous mat material, and (2) that twisted bundles of fibers selected from the group consisting of glass fibers and synthetic fibers are disposed on a surface of said fibrous mat envelope. Argument (1) is found to be persuasive similarly to the argument of claim 1. Argument (2) is noted in view of the amended claims. The rejection has been updated rendering argument (2) moot.
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 53-54, 76, 94-97, 101-105 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.
Claim 53 recites the limitations “said fibrous mat envelope" and “said envelope “ in lines 6-8 and 6 respectively. There is insufficient antecedent basis for this limitation in the claim. Applicant discloses the porous membrane as “a porous membrane enveloping at least…”, however, does not have support for “said envelope” nor “said fibrous mat envelope” as an envelope nor a fibrous mat envelope has been introduced in the claim and thus the claim is indefinite. Claims 54, 76, 94-97, 101-105 are rejected for depending upon claim 53.
Allowable Subject Matter
Claims 1, 16, 18, 83, 90-92, and 99 are allowed.
The following is an examiner’s statement of reasons for allowance: The prior art fails to teach nor render obvious the structure of the independent claim 1, specifically the structure of the fibrous mat envelope having a negative electrode disposed therein and a porous membrane envelope having the fibrous mat envelope disposed within for the separator of the lead acid battery. The prior art fails to disclose nor teach a nested envelope separator structure comprising the fibrous mat envelope having the negative electrode within and a porous membrane envelope having the fibrous mat envelope disposed within. The closest prior art is considered to be Perry et al. (WO 2017/210405 A1), Martinez et al. (US 2014/0329137 A1), Kanazawa (US 2003/0087982 A1) and Murata et al. (US 4,153,759 A).
Perry et al. (WO 2017/210405 A1)- discloses a lead acid battery having a mat adjacent to at least one of the positive electrodes, negative electrodes or separator wherein the separator is a microporous membrane that can cover a negative electrode. Perry fails to teach nor disclose the nested separator envelope structure required by the independent claim 1 as well as the material for the fibrous mat being a carbon material, having 10-50% integration of the negative electrode into the fibrous mat, and the fibrous mat having a corrugated surface.
Martinez et al. (US 2014/0329137 A1)- discloses a flooded lead acid battery and is analogous with the instant invention as being related to lead acid batteries. Martinez discloses wherein a pasting paper substrate is embedded into the active material of one or more surfaces of the negative or positive electrode plates and wherein the degree of embedding can vary depending on the design (Martinez [0018]). Martinez further discloses wherein at least 10% of its normal thickness is embedded into the active material and in other embodiments 20-100% can be embedded, or 50-75% embedded ([0018]). The embedding of the pasting substrate can provide enhanced plate strength and structural integrity to the active material. Martinez further discloses wherein the pasting substate is preferred to be glass fiber but can also be other substrates such as polymeric fibers ([0018-0020], [0026]). Additionally, the pasting substate can be a part of the separator, an integral part of the separator or acts as the separator ([0021]). Martinez fails to teach nor render obvious the nested separator structure of the independent claim and fails to cure the deficiencies of the other cited references.
Kanazawa (US 2003/0087982 A1)- discloses polymeric material and method of manufacturing a polymeric material that can be used for a separator (abstract). Kanazawa is analogous to the instant invention as being related to a polymeric material that can be used as a separator within batteries. Kanazawa further discloses wherein a battery separator can be made of a plurality of materials including polymer materials such as polyolefin resins and can be mixed with carbon fibers to improve the adhesion property of the polymeric material ([0017-0023], [0277]). Kanazawa fails to teach nor render obvious the nested separator structure of the independent claim and fails to cure the deficiencies of the other cited references.
Murata et al. (US 4,153,759 A)- discloses a storage battery and a separator within the storage battery and is analogous with the instant invention as being within the same field of endeavor of lead acid battery cells. Murata discloses wherein a corrugated type separators are beneficial as they have an excellent advantage in that no additional material for the spacer such as glass mat or amour ribs is required and the defects occur if the separator is a thin sheet (Col. 2 lines 38-50). Murata fails to teach nor render obvious the nested separator structure of the independent claim and fails to cure the deficiencies of the other cited references.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Komura (US 2018/0097218 A1)-discloses a separator integrated electrode plate for a battery.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam J Francis whose telephone number is (571)272-1021. The examiner can normally be reached M-Th: 7 am-4 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at (571)270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J FRANCIS/Primary Examiner, Art Unit 1728