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 .
DETILED ACTION
This Office action regarding application 17/256,529 to Furutani et al. assigned to Maxwell Ltd., Kyoto, Japan, filed 12/28/2020, and published as U.S. PG Publication 2021/0280938 on 09/09/2021 is in response to applicant's arguments/remarks filed 12/05/2025. It is also in response to information disclosure statement, IDS, filed 12/05/2025. Applicant's response has been given full consideration.
Status of the Claims
The status of the claims stand as last filed on 04/29/2025. None of the claims were amended in the latest response filed 12/05/2025. The status of the claims stand as follows:
Previously presented 1, 3-4, 6, 8-12,
Original 2, 5, 7
Claims 1-12 are currently pending in this application.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 12/05/2025 has been placed in the application file and the information referred to therein has been considered by the examiner. A duly initialed and signed copy is attached herewith. Accordingly, information disclosure statement(s) is/are being considered if signed and initialed by Examiner.
Claim Rejections - 35 USC § 103 6.
The text of those sections of Title 35 U.S. Code not included in this section can be found in the prior Office Action.
Claim 1-2, 4-6, 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Masui Kirio et al. (JP2001118605 cited in the IDS dated 12/28/2020, here called JP '605; the English language machine translation filed with the IDS is used here) in view of Furutani et al. (U.S. PG Publication 2019/0363412)
This rejection was presented in the previous non-final Office action dated 08/05/2025 and is maintained in this Office action.
Regarding claim 1 and 9 JP '605 discloses a cell roll (JP "605 paragraph 0017) and a method of manufacturing (JP '605 claim 11, paragraph 0012) including an electrode forming step and forming a sheet-type continuous body by sealing individual cells 2 (JP '605 Fig. 1, paragraph 0015) and winding the sheet-type in a spiral form (JP '605 paragraph 0038).
The cell roll comprising a long tape shape (JP '605 paragraph 0017) equivalent to the sheet-type continuous body comprising a long-sheet-type outer case; the long tape shape 10, 11 constitute an exterior material, i.e., outer case (JP '605 Fig. 3, paragraph 0022) and a plurality of power generation elements (JP '605 paragraph 0022), where the long tape shape equivalent to the outer case comprise a plastic film (JP '605 paragraph 0022) considered equivalent to the resin film.
9. JP "605 discloses polymer battery having a plurality of positive electrode, negative electrodes and electrolyte material interposed between them (JP '605 paragraph 0022) considered equivalent to the power generation elements; and are individually sealed in the case body 10, 11, and are located side by side in a longitudinal direction of the sheet-type outer case (JP "605 Fig. 1, 3). The power generation elements include a positive electrode, a negative electrode a separator and an electrolyte (JP' 605 paragraph 0013, 0022, 0030). The long tape shape 10, 11, equivalent to the sheet-type outer case, and the positive electrode, negative electrode and polymer electrolyte (JP '605 paragraph 0013, 0022, 0030), considered equivalent to the power generation elements, form individual cells 2 (JP "605 Fig. 1,3) and the sheet-type continuous body is wound in a spiral fashion (JP '605 Fig. 1).
JP '605 discloses a polymer battery (JP ‘605 paragraph 0012) having a polymer solid electrolyte (JP ‘605 paragraph 0013), and is silent about the electrolyte being an aqueous solution. JP '605 is also silent about the negative electrode includes an active material made of metal foil.
Furutani discloses an air cell including an outer case, which contains a positive electrode having a catalyst layer, a negative electrode containing a metal material, a separator and an electrolyte (Furutani paragraph 0009, 0010), wherein the negative electrode can be a zinc-based sheet (zinc foil, zinc alloy foil, etc.) or a magnesium-based sheet (magnesium foil, magnesium alloy foil, etc.) (Furutani paragraph 0098), and the metal material can also be zinc material, magnesium material, or aluminum material and can be a zinc foil or zinc alloy foil (Furutani paragraph 0083, 0098, 0121), and the electrolyte is an aqueous solution (Furutani Abstract, 0009, 0010, 0035).
The instant specification also discloses that the sheet-type continuous body 100a of cells (Instant Specification Fig. 3) is an example of a body including a plurality of air cells (Instant Specification paragraph 0016), the cell has a positive electrode, a negative electrode, a separator and an electrolyte (Instant Specification paragraph 0013), and the negative electrode includes zinc material (Instant Specification 0052) and the zinc material may be zinc foil (Instant Specification paragraph 0060), and the electrolyte being an aqueous solution (Instant Specification paragraph 0072).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to have modified the cell roll of JP '605 by the teaching of Furutani and used an air cell with a zinc metal negative electrode foil and an aqueous solution electrolyte as taught by Furutani (Furutani paragraph 0083, 0098, 0121, 0123) in the cell roll of JP '605 (JP '605 paragraph Fig. 3, 0017, 002) since such a modification is considered simple substitution of one known element for another to obtain predictable results (MPEP 2143 B); thus, substituting the cells of JP '605 by the air cells of Furutani having a zinc foil or zinc alloy foil negative electrode, and an aqueous solution electrolyte.
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Instant Application Fig. 3
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Masui Kirio JP ‘605 Fig. 1
Regarding claim 2, JP '605 discloses the power generation elements are located in a row in the longitudinal direction of the long tape shape 10, 11 (JP '605 Fig. 3), and so will the air cells in the cell roll of JP '605 as modified by the air cells of Furutani (Furutani paragraph 0083, 0098, 0121, 0123).
Regarding claim 4 Furutani discloses the negative electrode metal sheet has a thickness preferably 10 to 500 µm (Furutani paragraph 0098). This range is identical to the claimed thickness of the metal foil of 10 µm or more and 500 µm or less. In one specific example the thickness of the zinc material foil for the negative electrode has a thickness of 0.05 mm (Furutani paragraph 0121), which is equal to 50 µm. This value is included in the claimed range of 10 µm or more and 500 µm or less.
Regarding claim 5, Furutani discloses the air cell wherein the negative electrode metal sheet includes a main body and a lead portion (Furutani claim 1, claim 13).
Regarding claim 6, Furutani discloses air cells (Furutani Title, Abstract, Fig. 1,2, paragraph 0009,0010), and the positive electrode is the air electrode (Furutani paragraph 0059). Furutani also discloses a plurality of air holes 61 for taking air into the positive electrode are formed in one face of the sheet-like outer case 60 on the side where the positive electrode 20 is disposed (Furutani paragraph 0107).
Regarding claim 10 Furutani discloses the negative electrode 30 is also connected to a negative electrode external terminal 31 via a lead within the cell 1 (Furutani Fig. 2, paragraph 0106).
Regarding claim 11 Furutani discloses the positive electrode has a porous carbon sheet that functions as a catalyst and as current collector (Furutani paragraph 0075).
Regarding claim 12, Furutani discloses about the air cells wherein the positive electrode has a porous carbon sheet (Furutani paragraph 0075), but is silent that part of the carbon sheet constitutes an external terminal of the positive electrode. It would have also been obvious to a person of ordinary skill in the art to have used the same porous carbon sheet to constitute an external terminal of the positive electrode since it is conductive according to Furutani (Furutani paragraph 0075) and is capable of carrying electrical current from the battery to an outside load.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Masui Kirio et al. (JP2001118605) in view of Furutani et al. (U.S. PG Publication 2019/0363412) as applied to claim 1, and further in view of Tucholski et al. (U.S. PG Publication 2010/0196744)
The discussion of JP '605 and Furutani as applied to claim 1 above is fully incorporated here and is relied upon for the limitation of the claim in this section.
Regarding claim 3 JP 605 discloses individual cells 2 in the winding of cells are separated by stiches 6, 7 in the width direction that are formed on the front and rear sides of the thin polymer battery 2 at regular intervals in order to separate the individual polymer batteries from each other and to be separable (JP '605 paragraph 0019, 0036). JP '605, however, is silent about perforations formed between adjacent individual cells.
Tucholski discloses an electronic device formed by integrating an electrical circuit, antenna or skin patch with one or more cell batteries (Tucholski paragraph 0028) printed and/or laminated on a continuous, flexible substrate formed into a roll (Tucholski paragraph 0028). The individual device can be removed from the roll one at a time, wherein perforations of the flexible substrate roll can be provided for easy tear off (Tucholski Fig. 4, paragraph 0028, 0081) and facilitates separation of the integrated electronic device from the roll (Tucholski Fig. 4, 12, paragraph 0124).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to have modified the cell roll of JP '605 (JP "605 Fig. 1, paragraph 0017) as modified by the air cells of Furutani (Furutani paragraph 0009, 00 10, 0098) by the disclosure of Tucholski and to have used instead of the stitches 6,7, between adjacent cells (JP '605 paragraph 0019, 0036) perforations in the sheet-type outer case of the roll for easy tear of and for facilitating separation of the individual cells in the roll of JP '605 as taught by Tucholski (Tucholski Fig. 4, 12, paragraph 0028, 0081, 0124). According to the MPEP such a modification is considered the use of known technique to improve similar devices (methods, or products) in the same way (MPEP 2143 IC).
Claim 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Masui Kirio et al. (JP2001118605) in view Furutani et al. (U.S. PG Publication 2019/0363412) as applied to claim 1 and 6, and further in view of Burchardt et al. (U.S. PG Publication 2011/0027664)
The discussion of JP '605 and Furutani as applied to claim 1 and 6 above is fully incorporated here and is relied upon for the limitation of the claims in this section.
Regarding claim 7 and 8 JP '605 discloses the long tape shape (JP '605 paragraph 0017), considered equivalent to the sheet-type continuous body wound in a spiral fashion (JP '605 Fig 1), but it is silent about the wound in a spiral fashion modified with the air cell of Furutani has a resin sheet being on the surface of sheet-type outer case body where the air holes are provided.
Burchardt discloses a metal-air battery cell or cell (Burchardt paragraph 0024), and it includes a metal electrode and an air electrode, and an oxygen selective siloxane membrane (Burchardt paragraph 0031) disposed adjacent to the air electrode between the gas diffusion layer and the holes in the housing (Burchard paragraph 0059). The siloxane membrane is considered equivalent to the resin sheet. Burchardt discloses the siloxane membrane is a selective membrane that allows gases such as oxygen to pass through the membrane while acting as a moisture barrier to prevent moisture from entering and exiting the battery (Burchardt paragraph 0059), which helps to maintain the water balance within the battery.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to have modified the cell roll of JP '605 as modified by Furutani by the disclose of Burchardt and to have wound the spiral fashion (JP ‘605 Fig. 1) by the siloxane membrane, equivalent to the resin sheet, of Burchardt so that it creates a moisture barrier, while allowing oxygen, so as to maintain the water balance within the battery as taught by Burchardt (Burchardt paragraph 0059). Such a modification is considered the use of known technique to improve similar devices (methods, or products) in the same way (MPEP 2143 IC).
Response to Arguments
In the response filed on 12/05/2025 applicant argues that a prima facie case of obviousness has not been established. Examiner notes that the primary reference of JP ‘605 discloses a cell roll comprising long tape-shape continuous body comprising a plurality of power generating elements, i.e. battery cells, in roll-type structure that is identical to the claimed cell roll, the difference between the instant invention and the disclosure of JP ‘605 being the different type of battery cells.
Thus, while the instant invention disclose battery cells having a zinc metal foil negative electrode and an electrolyte that is an aqueous solution, the cell roll of JP ‘605 having battery cells having a polymer electrolyte is silent about having a zinc metal negative electrode. Thus, in the presented rejection the cell roll of JP ‘605 is modified by the air cell of Furutani that has a zinc-based negative electrode and an electrolyte that is aqueous solution.
Therefore, the modification of the cell roll of JP ‘605 by the battery cells of Furutani to arrive at the disclosed invention is proper and would have been obvious to a person of ordinary skill in the art. Examiner also notes that adequate explanation and the reasoning and the rationale of the rejection is provided in the previous Office action, which is not repeated here for brevity purpose.
In the arguments presented by applicant the particulars of the battery cells of the primary reference of JP ‘605 is compared with the particulars of the battery cells of the instant invention, also with the battery cells of the secondary reference of Furutani. Applicant then points at the different type of battery cells and argues that the combination of the references of JP ’605 and Furutani is not proper.
Examiner, however, notes that arriving at the instant invention from the disclosure of the JP ‘605 cell roll by modifying one type of battery cell, namely lithium-ion polymer battery cells, by a different type of battery cells, namely air battery cells with zinc metal negative electrode and aqueous solution electrolyte disclosed by a secondary reference of Furutani would have been obvious to a person of ordinary skill. Applicant has not persuasively argued that such a modification is not obvious to a person of ordinary skill.
For reason presented here and in the previous Office action the combined teachings of the references of JP ‘605 and Furutani renders the claimed invention obvious. This Office action is made final.
Conclusion
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 OMAR M KEKIA whose telephone number is (571)270-5918. The examiner can normally be reached 9:00am-5:00 pm,.
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/OMAR M KEKIA/Examiner, Art Unit 1722
/NIKI BAKHTIARI/Supervisory Patent Examiner, Art Unit 1722
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