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 .
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-11 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/06/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 is objected to due to the phrasing “wherein stacked alternating anode assemblies and cathode assemblies to form an array of cells” due to an extra “to”. A suggested rephrasing is “wherein stacked alternating anode assemblies and cathode assemblies form an array of cells.
Additionally, Claim 1 is objected to due to the phrasing “one of the plurality insulating separators”. Here, a suggested rephrasing is “one of the plurality of insulating separators”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 2, 5, 6, and 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Giner (US 3990910 A).
Regarding Claim 1, Giner discloses a metal hydrogen battery (Abstract, “A rechargeable battery comprising two or more electrochemical cells using a reoxidizable nickel oxide at the positive electrode and hydrogen as the negative electrode reactant.”) comprising an electrode stack (Abstract, “The electrodes of the cells are disposed in a common chamber in a battery case and connected so as to series couple the cells between a pair of terminals.”), the electrode stack including a plurality of anode assemblies (Column 7 lines 35-36, “Each anode assembly”) shown in their figure 2, which depicts an electrode stack which comprises multiple nickel screens 4 (Column 7 lines 35-36, “Each anode assembly comprises a pair of nickel screens 4,”). Each of the anode assemblies comprises a plurality of layers of porous anode sheets, where the pair of nickel screens of the anode assemblies are porous (Column 7 line 45, “the pores of screens 4”), as well as a conducting anode bus bar 26 (Column 4 lines 5-7, “The several negative electrode assemblies in each cell stack 15 are electrically connected together by a nickel strap 24 which has tabs 26”), wherein the plurality of porous anode sheets are each electrically and mechanically connected on one end to the conducting anode bus bar (Column 4 lines 7-8, “a nickel strap 24 which has tabs 26 that are welded to each of the coarse screens 8 and to the screens 4”).
Additionally, Giner discloses that the electrode stack comprises a plurality of cathode assemblies (Column 2 lines 40-41, “each cell comprises a plurality of positive electrodes 2”), each of the plurality of the cathode assemblies comprising at least one layer of porous cathode sheet (Column 2 lines 41-42, “positive electrodes 2 which are in the form of flat, porous, sintered nickel plaques”), and a cathode bus bar 30 (Column 4 lines 11-12, “The positive electrodes 2 are electrically connected together by a second nickel strap 28 which has tabs 30”) wherein the at least one layer of porous cathode sheets are electrically and mechanically attached on one end to the conducting cathode bus bar (Column 4 lines 12-13, “a second nickel strap 28 which has tabs 30 that are welded to the sintered nickel plaques.”).
Additionally, Giner discloses that the electrode stack comprises a plurality of insulating separators 10 (Column 3 line 26, “a separator 10”), shown in their figure 2 as being present in plural, each of the plurality of insulating separators comprising at least one porous (Column 3 lines 26-27, “a separator 10 made of a porous material.”) insulating (Column 3 lines 27-28, “Preferably the separator is a polypropylene mat”) layer.
Additionally, Giner discloses that the stacked alternating anode assemblies form an array of cells of the electrode stack, as depicted in their figure 2 (Column 3 lines 30-31, “The positive and negative electrodes and separators are assembled in a stack in the order shown in FIG. 2”).
Additionally, in the electrode stack, each of the plurality of anode assemblies is separated from each of the plurality of cathode assemblies adjacent to it by one of the plurality of insulating separators, and that each of the plurality of cathode assemblies is separated from each of the plurality of anode assemblies adjacent to it by one of the plurality of insulating separators, shown in their figure 2, where the anode assemblies 4 are separated from the cathode assemblies 2 by the separators 10.
Additionally, Giner discloses that in the electrode stack, each conducting anode bus bar of the plurality of anode assemblies are electrically and mechanically attached to all of the other conducting anode bus bars of all of the plurality of anode assemblies in the electrode stack to form an anode conductor, via a nickel strap 24 which is connected to the tabs 26 (Column lines 5-8, “The several negative electrode assemblies in each cell stack 15 are electrically connected together by a nickel strap 24 which has tabs 26”), and that each conducting cathode bus bar of the plurality of cathode assemblies are electrically and mechanically attached to all of the other conducting cathode bus bars of all of the plurality of cathode assemblies in the electrode stack to form a cathode conductor, via a nickel strap 28 that is connected to the tabs 30 (Column 4 lines 11-12, “The positive electrodes 2 are electrically connected together by a second nickel strap 28 which has tabs 30”), such that the array of cells is connected in parallel, shown in their figures 1 and 2.
Additionally, Giner discloses that the metal hydrogen battery comprises a pressure vessel (Column 2 lines 8-11, “The case is evacuated and filled with hydrogen to a selected pressure”), the pressure vessel include a side wall, the case walls being depicted in their figure 1 (Column 4 line 14, “The cell stacks 15 are disposed in a nickel casing 32”), a cathode end plate and an anode end plate, here the nut/bearing that surrounds the respective terminal leads 44 and 46, depicted in Giner’s figure 1 (Column 4 line 25, “terminal leads 44 and 46”), the electrode stack being inserted within the pressure vessel, as shown in figure 1.
Additionally, Giner discloses an electrolyte contained within the electrode stack (Column 1 lines 65-66, “separator or matrix element which is wetted with an electrolyte”).
Regarding Claim 2, Giner anticipates the invention of Claim 1. Additionally, Giner further discloses that the metal hydrogen battery further includes a feedthrough 40 that attaches to the cathode end plate, as shown in their figure 1. Additionally, Giner discloses a feedthrough conductor 44 that attaches to the cathode conductor 28 and extends through the feedthrough 40.
Regarding Claim 5, Giner discloses the invention as set forth above. Additionally, in regards to the limitation of the instant claim which requires an isolator positioned between the cathode conductor and the cathode end plate, Giner discloses an end plate 14 which is located at an end of the electrode stack which comprise tie rods 16 (Column 3 lines 52-55, “Two end plates 14, identical to plates 12, are positioned at opposite ends of the array of stacks 15 and these are coupled to the intervening spacer plates 12 by means of two or more tie rods 16.”). Here, Giner discloses that the tie rods are insulative, and act to isolate the end plates 14 from the electrode stack 15 (Column 4 lines 55-60, “The tie rods may extend through matching holes formed in the electrodes and electrolyte matrices, in which case they must be insulated from the electrodes and matrices to prevent short-circuiting. This is best accomplished by making the tie rods of electrical insulating material.”). Accordingly, where the tie rods act as isolators, and they are positioned between portions of the cathode conductor and the cathode end plate, they therefore satisfy the limitation of the instant claim that requires an isolator positioned between the cathode conductor and the cathode end plate.
Regarding Claim 6, Giner anticipates the invention of Claim 1. Additionally, Giner discloses that the anode end plate is directly attached to the anode conductor as depicted in their figure 1, where the anode conductor 24 directly attaches to the anode end plate.
Regarding Claim 8, Giner anticipates the invention of Claim 1. Additionally, Giner discloses that the electrode stack further includes a frame surrounding the alternating anode assemblies and cathode assemblies, comprising plates 12 (Column 3 lines 44-45, “The stacks are separated by rigid insulating spacer plates 12”) and 14 (Column 3 lines 52-54, “Two end plates 14, identical to plates 12, are positioned at opposite ends of the array of stacks 15”). Additionally, Giner discloses that the electrode stack is welded while the electrode stack is pressed via pressurization of the pressure vessel, where the cathode and anode conductor are welded (Column 4 lines 7-13) and the electrode stacked is pressed via pressurization (Column 2 lines 7-8, “The case is hermetically sealed after being filled under pressure with hydrogen.”).
Claim Rejections - 35 USC § 103
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(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giner (US 3990910 A) as applied to claim 2 above, and further in view of Kang (US PGPUB 20220416289 A1).
Regarding Claim 3, Giner discloses the invention set forth above. Additionally, though Giner discloses structure which comprises a feedthrough, Giner fails to disclose structure which includes a body portion that attaches to the cathode end plate and an insulator portion that inserts into the body portion and engages the cathode feedthrough conductor. Therefore, we look to Kang, which is an analogous art to the instant invention, disclosing structure which includes the manufacturing of an electrode lead (Abstract, “a method for manufacturing an electrode lead”) where the electrode lead further comprises a body portion which comprises the upper case 131 and lower case 132 which surrounds their leads 121 and 122 (Paragraph 0094, “Thus, when the upper case 131 and the lower case 132 are thermally fused, the insulation part 14 is maintained in shape to prevent the electrode lead 12 and the gas barrier layer from contacting each other even when the sealant layer is partially damaged to expose the gas barrier layer.”) as well as an insulator portion 14 which fits into the body portion and surrounds the electrode lead 12.
Additionally, Kang discloses that the structure of the insulation part which is surrounded by the body part has the benefit of preventing gas leaks between the interior and exterior of the battery (Paragraph 0094, “shape to prevent the electrode lead 12 and the gas barrier layer from contacting each other even when the sealant layer is partially damaged to expose the gas barrier layer.”) and further provides redundant protection to prevent the interior of the battery to being exposed to the exterior. Accordingly, where protection of the interior of a battery is a desirable characteristic, it would be obvious to one ordinarily skilled in the art to apply the lead protection structure of Kang to the feedthrough-conductor assembly of Giner, thereby reading upon and making obvious the limitations of the instant claim which requires that the feedthrough include a body portion that attaches to the cathode end plate and an insulator portion that inserts into the body portion and engages the cathode feedthrough conductor.
Regarding Claim 4, modified Giner discloses the invention as set forth above. Additionally, as discussed above Kang makes obvious structure wherein the body portion forms seals between the body portion, the insulator portion, and the cathode feedthrough conductor (Paragraph 0094, “Thus, when the upper case 131 and the lower case 132 are thermally fused, the insulation part 14 is maintained in shape to prevent the electrode lead 12 and the gas barrier layer from contacting each other even when the sealant layer is partially damaged to expose the gas barrier layer.”). Here, the limitation wherein the “body portion is crushed to form seals” is a product by process limitation, and therefore the specific method by which the seals are achieved is not required, as the scope of the instant claim is directed towards a product, rather than a process. Accordingly, where the teaching of Kang inherently comprises seals as discussed above, the combination of Kang and Giner inherently meets the limitations of the instant Claim, comprising seals between the body portion, the insulator portion, and the cathode feedthrough conductor.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giner (US 3990910 A) as applied to claim 1 above.
Regarding Claim 7, Giner discloses the invention as set forth above. Additionally, in regards to the limitation which requires that the anode end plate is welded to the anode conductor, Giner is silent in regards to the method by which the anode end plate is attached to the anode conductor.
Giner discloses the use of welding as a method to directly interconnect the anode conductor to the anode bus bars (Column 4 lines 7-10, “a nickel strap 24 which has tabs 26 that are welded to each of the coarse screens 8 when the latter are made of a conductive metal and to the screens 4”). Accordingly, based on the disclosure of welding being having a known result of connecting the anode conductor to another component in a manner which allows for electrical conductivity, it would be obvious to one ordinarily skilled in the art to use welding to connect the anode conductor to the anode end plate, based on a reasonable expectation of success using a technique known in the art, thereby making obvious the limitation which requires that the anode end plate is welded to the anode conductor.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giner (US 3990910 A) as applied to claim 1 above, further in view of Shibata (US 20120052380 A1).
Regarding Claim 9, Giner anticipates the invention of Claim 1. Additionally, in regards to the limitation which requires that the alternating anode assemblies and cathode assemblies of the electrode stack include one more anode assembly than cathode assembly, Giner fails to disclose said structure.
Therefore, we look to Shibata, which is an analogous art to the instant application, disclosing structure which includes a battery module having a positive plate having a cathode collector portion (Abstract, “Provided is a method of manufacturing a battery having an electrode module including: a positive plate having a cathode collector portion”), where the cathode collector portion is formed by means of a pre-welding process which combines the cathode collector with the positive plate (Abstract, “The method includes: a pre-welding positive plate forming process of forming a pre-welding positive plate, which is the positive plate before welding, such that the pre-welding positive plate has a projection projecting from a pre-welding cathode collector portion, which is the cathode collector portion before welding;”).
Here, Shibata discloses that the structure of the combined positive electrode plate with the current collector and active material facilitate high reliability (Paragraph 0014, “With the structure described above, because the projection is formed at the pre-welding cathode collector portion of the pre-welding positive plate, the pre-welding positive plate and the pre-welding cathode collector plate are reliably welded to each other in the battery. “, “Thus, the battery having high reliability is obtained.”). Accordingly, based on the benefit of improved reliability, it would be obvious to one ordinarily skilled in the art to make use of the structure of Shibata in conjunction with the invention of Giner, thereby achieving improved reliability, as well as facilitating structure where the bottom cathode is merged to and welded to the terminal cathode plate, which will result in structure where the final cathode assembly is no longer a distinct cathode assembly, and therefore the alternating anode assemblies and cathode assemblies include one more anode assembly than cathode assembly.
Additionally, Giner discloses that their electrode stack includes an anode assembly on each side of the electrode stack, as shown in figure 1, where an anode assembly is located at a top side, and on a bottom side of the electrode stack.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giner (US 3990910 A) as applied to claim 1 above, further in view of Hatayama (US 20210273295 A1).
Regarding Claim 10, Giner anticipates the invention of Claim 1. Additionally, in regards to the limitation which requires that each of the plurality of separators includes a plurality of porous insulating layers, Giner fails to disclose said structure. Therefore we look to Hatayama, which is an analogous art to the instant application, being directed towards the art of insulating (see paragraph 0110) porous separators (Abstract, “multilayer separator that comprises porous layer”) which may be used in metal hydrogen batteries (see Paragraph 0113). Here, Hatayama discloses a multilayer porous separator (Abstract, “multilayer separator that comprises porous layer A”) which demonstrates improved heat resistance and insulation (Paragraph 0110, “When the total thickness of the porous layer B is larger than the total thickness of the porous layer A, the heat resistance or insulation of the multilayer separator tends to be improved.”), as well as being free of an interface layer, thereby eliminating an ion diffusion barrier (Paragraph 0052, “the multilayer separator is substantially free of an interlayer interface, and an ion diffusion barrier is advantageously eliminated”) and that the separator allows for an increase of battery capacity (Paragraph 0107, “ tends to be advantageous in increasing the battery capacity.”). Based on these benefits, it would be obvious to one ordinarily skilled in the art to make use of the multilayer separator of Hatayama in the invention of Giner, thereby making obvious the limitation of the instant claim which requires that each of the plurality of separators includes a plurality of porous insulating layers.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Giner (US 3990910 A) as applied to claim 1 above, and further in view of Fritts (US 4395469 A).
Regarding Claim 11, Giner anticipates the invention of Claim 1. Additionally, in regards to the limitation which requires that each of the plurality of insulating separators includes wick tabs extending from the electrode stack to contact the pressure vessel, Giner fails to disclose that the separator comprises wicking tabs. Therefore, we look to Fritts, which is an analogous art to the instant application, disclosing structure which comprises a hydrogen battery (Abstract, “The battery system has the hydrogen gas stored at high pressure separately from the nickel-hydrogen cells.”) which includes separators which absorb electrolyte by means of wick action (Column 3 lines 47-51, “Note that the cell is operated in a starved electrolyte (non-flooded) condition to prevent flooding of the negative electrodes. This means that there is a small amount of electrolyte 60 which is absorbed in the separators 54 by wick action.”). As Fritts discloses that the use of the separators for wicking functions prevents the flooding of negative electrodes of fluids in the battery, this benefit, which facilitates the proper function of the components of the battery would be obvious to one ordinarily skilled in the art to apply to the invention of Giner, further making obvious the extension of the wick tabs extending from the electrode stack to contact the pressure vessel, to allow for wicking of battery fluids throughout the battery. Accordingly, with the application of Giner and Fritts, where each of the plurality of insulating separators includes wick tabs extending from the electrode stack to contact the pressure vessel, and therefore are wick tabs, thereby reading upon and making obvious the limitations of the instant Claim.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/J.W.E./Examiner, Art Unit 1725
/BASIA A RIDLEY/Supervisory Patent Examiner, Art Unit 1725
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