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 .
Response to Amendment
The Amendment filed November 19th 2025 does not place the application in condition for allowance. The arguments to the 103 rejections of the claims have been fully considered but are not persuasive. The rejections in the Office Action dated July 21st 2025 have been maintained.
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1-4, 7-10, 12-15, & 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao et al. US 2020/0044222 A1 in further view of Yoshioka US 2022/0181705 A1.
Regarding Claim 1, Xiao discloses a flexible battery (Item 140 Figure 1B) comprising:
A stack comprising a positively charged layer and a negatively charged layer [0026], wherein the positively charged layer is disposed adjacent to the negatively charged layer [0030], see Xiao Annotated Figure 1A-B below
The positively charged layer (Item 100 “first electrode” Figure 1A) [0026] is physically divided by a plurality of gaps into a first plurality of segments (shown in Figure 1A as Items 105 & 109 “first and second coated segment”) [0026], see Xiao Annotated Figures 1A & 4A below
Xiao discloses that the first electrode is a cathode [0028]
The negatively charged layer (Item 110 “second electrode” Figure 1A) [0026] is physically divided by the plurality of gaps into a second plurality of segments (shown in Figure 1A as Items 115 & 119 “first and second coated segment”) [0027], see Xiao Annotated Figures 1A & 4A below
Xiao discloses that the second electrode is an anode [0028]
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Xiao Annotated Figure 1A-B
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Xiao Annotated Figures 1A & 4A
a first coated electrode segment (Item 102 “first cell” Figure 1B) [0029] comprising first segments of the positively charged layer and first segments of the negative charged layer (see Annotated Figure 1B below) [0030]
a second coated electrode segment (Item 103 “second cell” Figure 1B) [0029] comprising second segments of the positively charged layer and second segments of the negative charged layer (see Annotated Figure 1B below) [0030]
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Xiao Annotated Figure 1B
As shown in Figure 1B, Xiao illustrates that the first and second coated segments (first and second cells) are separated from each other by a gap. Additionally, Xiao discloses that the first and second coated segments (first and second cells) are connected by a connection [Figure 1B Item 126], and further discloses that the connection can “bend, stretch or twist accordingly” [0033] thus Xiao discloses that the first coated electrode segment (first cell) and the second coated electrode segment (second cell) are separated from and movably connected.
With regards to the plurality of positively charged layers and negatively charged layers, Xiao discloses in one embodiment a flexible battery having a plurality of cells, as in Figure 1B above, however in this embodiment each cell comprises a stacking cell (Item 610 Figure 6A) [0055]. Xiao discloses that each positively charged layer and negatively charged layer (“electrodes”) within the stacking cell comprises a tab, and states that there are a plurality of pairs of tabs in the stacking cell [0055], thus Xiao discloses that the stacking cell shown in Figure 6A comprises a plurality of positively charged layers and negatively charged layers.
Xiao discloses that a flexible battery in this embodiment can provide high energy density and high power density to wearable devices [0055].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to select the stacking cell embodiment of Xiao comprising a plurality of positively charged layers and a plurality of negatively charged layers to provide a flexible battery with high energy density and high power density for wearable devices.
Regarding a stack of alternating positively charged layers and negatively charged layers, Xiao is silent as to if the plurality of positively charged and negatively charged layers within the stacking cell are alternating, such that each positively charged layer is disposed adjacent to a corresponding negatively charged layer.
Yoshioka discloses a stacking cell (an electrode stacked body) wherein there is a plurality of electrode layers alternately stacked with each other and a separator (solid electrolyte layer) disposed between [0010]. Yoshioka discloses that the stacking cell has the configuration wherein each positively charged layer (first electrode layer, which Yoshioka states is a positive electrode layer [0021]) is disposed adjacent to a corresponding negatively charged layer (second electrode layer, which Yoshioka states is a negative electrode layer [0021]). See Yoshioka Annotated Figure 1A below.
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Yoshioka Annotated Figure 1A
Further, Yoshioka discloses that a stacking cell with this configuration has the advantage of suppressing deterioration of battery characteristics [0011].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to substitute one known stacking cell configuration, i.e. alternating stacked electrode layers of Yoshioka, for another stacking cell configuration, such as that of Xiao, with reasonable expectation of success and the advantage of suppressing deterioration of battery characteristics. The simple substitution of one stacking cell configuration for another to obtain predictable results is not patentable. See KSR International Co v. Teleflex Inc., 127 S. Ct. 1727,82 USPQ2d 1385 (2007); MPEP 2143 B.
Thus, modified Xiao discloses, with the modification of Yoshioka’s configuration of a stack of alternating electrode layers, Xiao discloses a stack of alternating positively charged layers and negatively charged layers, wherein each positively charged layer is disposed adjacent to a corresponding negatively charged layer.
Regarding Claim 12, in addition to the elements listed in claim 1 above, incorporated herein, modified Xiao discloses a wearable device containing the flexible battery mentioned in Claim 1 above, such as “a gaming device, a medical device, a personal fitness tracker, or a sports tracker, etc.” [0042]. Figures 1E and 1F in Xiao’s disclosure show visuals of the wearable device.
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Regarding Claims 2 and 13, modified Xiao discloses that the first coated electrode segment (first cell) and the second coated electrode segment (second cell) are electrically coupled to each other [0006, 0054]. Modified Xiao further discloses that the first and second coated electrode segments (first and second cells) are electrically coupled to one another by a connection (as shown in Figure 1B Item 126, Figure 2B Item 226, Figure 3B Item 326, Figure 4B Item 426, Figure 5B 526) that comprises one or more strips that connect the first and second coated electrode segments (first and second cells) and is electrically conducting [0054]. Modified Xiao further discloses that the strips are current collectors [0054]. Modified Xiao discloses that the strips comprise a cathode current collector, which connects the first plurality of segments of positively charged layers across the plurality of gaps, and an anode current collector, which connects the second plurality of segments of negatively charged layers across the plurality of gaps [0054]. This is further illustrated in Figure 4A & 4B that shows the connection Item 426, comprising the current collectors as described, applied across the first and second plurality of segments of the positively and negatively charged layers and across the plurality of gaps.
Regarding Claims 3 and 14, Xiao discloses a separator disposed between the positive electrode layers and the negative electrode layers [Figure 1A Item 118], thus modified Xiao as modified by Yoshioka with regards to Claim 1 discloses a plurality of separators interposed between each adjacent positively charged layers and negatively charged layers. Modified Xiao discloses that the separator between the electrode layers is made of materials that improve stability and cyclability of the battery such as Polyethylene [0036] which act as an insulator between the anode and the cathode. Thus, modified Xiao discloses a plurality of separators between the positively charged layers and the negatively charged layers that insulates the positively charged layer from the negatively charged layer.
Regarding Claims 4 and 15, modified Xiao discloses a package [Figure 1B Item 130] that encloses the battery, which comprises the positively charged layers and the negatively charged layers, and acts a protective layer, and further discloses that the package material can be made of nylon or metal like aluminum [0039].
Regarding Claims 7 and 18, modified Xiao discloses an embodiment of the flexible battery that comprises a third coated electrode segment separated from and moveably coupled to the second coated electrode segment, including an additional flexible connection, wherein the third coated electrode segment comprises third segments of positively and negatively charged layers (Figure 6A Item 602 [0055]). Figure 6A illustrates a third and fourth coated electrode cell with the same structure as the previously mentioned electrode cells comprising a stacking cell, which as discussed with regards to Claim 1 has alternating positively charged layers and negatively charged layers as modified by Yoshioka. Xiao discloses in Figure 6B that the flexible battery can be used in a wearable device [0056].
Regarding Claims 8 and 19, modified Xiao discloses that each of the segments of the positive layers and each of the segments of the negative layers are both separated by uncoated segments [0026] comprising the connection [0030]. The uncoated segment (Figure 1A Item 106) forms a first gap between the coated segments of the positive layer and uncoated segment (Figure 1A Item 116) forms a second gap between the coated segments of the negative layers. In Figure 6A, a plurality of connections (Items 604) are shown, thus the plurality of gaps between the first, second, and third segments of each of the positively charged layers and the plurality of gaps between the first, second, and third segments of each of the negatively charged layers are shown (see Annotated Figures 1A & 6A below). Thus, Xiao discloses that the plurality of gaps separator the first, second, and third segments and of the positively and negatively charged layers.
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Annotated Figures 1A & 6A
Regarding Claim 9, as mentioned with regards to Claim 8 above, modified Xiao discloses that each of the segments of the positive layers and each of the segments of the negative layers are both separated by gaps (uncoated segments [0026]). Xiao discloses that the uncoated segments are uncoated or bare portions of the current collector, otherwise defined as inactive filler metal material between the two active portions of the positive layers and the negative layers [0027]. Thus, Xiao discloses that the gaps comprise filler material.
Regarding Claim 10, modified Xiao discloses, as mentioned with regards to Claim 8 above, that the gaps are contained in the connections (Figure 1A Item 126 [0030]) and form folded structures such that the connections enable the battery, comprising each of the positively charged layers and each of the negatively charged layers, to bend, twist, or stretch [0033]. This is further illustrated in Figure 1D and further in Figure 4C below wherein the connections (Items 426) are enabling the first coated electrode segment (Item 402), the second coated electrode segment (Item 402), and the third coated electrode segment (Item 402) to be bent:
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Figure 4C
Regarding Claim 20, Xiao discloses a method of making the battery by:
assembling a stack comprising a positively charged layer and a negatively charged layer [0030], wherein the positively charged layer is disposed adjacent to the negatively charged layer (see Figure 1A)
The positively charged layer (Item 100 “first electrode” Figure 1A) [0026] is physically divided by a plurality of gaps into a first plurality of segments (shown in Figure 1A as Items 105 & 109 “first and second coated segment”) [0026], see Xiao Annotated Figures 1A & 4A below
Xiao discloses that the first electrode is a cathode [0028]
The negatively charged layer (Item 110 “second electrode” Figure 1A) [0026] is physically divided by the plurality of gaps into a second plurality of segments (shown in Figure 1A as Items 115 & 119 “first and second coated segment”) [0027], see Xiao Annotated Figures 1A & 4A below
Xiao discloses that the second electrode is an anode [0028]
Assembling a first coated electrode segment comprising first segments of the positively charged layer and first segments of the negatively charged layer [Figure 1A-B];
assembling a second coated electrode segment comprising second segments of the positively charged layer and second segments the negatively charged layer [Figure 1A-B]; and
movably and electrically coupling the first coated electrode segment to the second coated electrode segment to form a flexible battery [Figures 1C & 1B show the flexible connections; Figure 1D shows forming the device into shape].
With regards to the plurality of positively charged layers and negatively charged layers, Xiao discloses in one embodiment a flexible battery having a plurality of cells, as in Figure 1B above, however in this embodiment each cell comprises a stacking cell (Item 610 Figure 6A) [0055]. Xiao discloses that each positively charged layer and negatively charged layer (“electrodes”) within the stacking cell comprises a tab, and discloses that there are a plurality of pairs of tabs in the stacking cell [0055], thus Xiao discloses that the stacking cell comprises a plurality of positively charged layers and negatively charged layers.
Xiao discloses that a flexible battery in this embodiment can provide high energy density and high power density to wearable devices [0055].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to select the stacking cell embodiment of Xiao comprising a plurality of positively charged layers and a plurality of negatively charged layers to provide a flexible battery with high energy density and high power density for wearable devices.
Thus, Xiao discloses a method of stacking each of the plurality of positively charged layers and each of the plurality of negatively charged layers to assembly each of the first coated electrode segment and the second coated electrode segment.
Regarding the stack having alternating positively and negatively charged layers, , Xiao is silent as to if the layers within the stacking cell are alternating, such that the first and second coated electrode segments comprise positively charged layers alternately stacked with negatively charged layers.
Yoshioka discloses a stacking cell (an electrode stacked body) wherein there is a plurality of electrode layers alternately stacked with each other and a separator (solid electrolyte layer) disposed between [0010]. Yoshioka discloses that the stacking cell has the configuration wherein each positively charged layer (first electrode layer, which Yoshioka states is a positive electrode layer [0021]) is disposed adjacent to a corresponding negatively charged layer (second electrode layer, which Yoshioka states is a negative electrode layer [0021]). See Yoshioka Annotated Figure 1A below.
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Yoshioka Annotated Figure 1A
Further, Yoshioka discloses that a stacking cell with this configuration has the advantage of suppressing deterioration of battery characteristics [0011].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to substitute one known stacking cell configuration, i.e. alternating stacked electrode layers of Yoshioka, for another stacking cell configuration, such as that of Xiao, with reasonable expectation of success and the advantage of suppressing deterioration of battery characteristics. The simple substitution of one stacking cell configuration for another to obtain predictable results is not patentable. See KSR International Co v. Teleflex Inc., 127 S. Ct. 1727,82 USPQ2d 1385 (2007); MPEP 2143 B.
Thus, modified Xiao discloses, with the modification of Yoshioka’s configuration of a stack of alternating electrode layers, Xiao discloses a stack of alternating positively charged layers and negatively charged layers, wherein each positively charged layer is disposed adjacent to a corresponding negatively charged layer.
Thus, modified Xiao discloses a method comprising assembling a stack of alternating positively charged layers and negatively charged layers.
Claims 5, 6, 16, & 17 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao & Yoshioka, as applied to claims 4 & 15 above, and further in view of Liu US 10,535,845 B1.
Regarding Claims 5 and 16, Xiao & Yoshioka are relied upon for the reasons given above in addressing Claims 4 & 15, but fail to disclose an adhesive applied between an interior portion of the package and one of the positively charged layers or the negatively charged layers.
Liu discloses a flexible chain battery comprising segments of battery cells electrically connected with a flexible cloth connection [Column 5 Lines 3-6]. Liu further discloses the chain battery is encased in a stretchable substrate, otherwise referred to as a pouch [Column 6 Lines 12-17]. Liu discloses that there is an adhesive that adheres the body portions of battery cells to the stretchable substrate [Column 9 Lines 60-67].
Liu discloses that adhering the body portions of the battery cells to the stretchable substrate provides additional mechanical connection and environmental protection [Column 10 Lines 1-3].
Therefore, it would have obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the flexible battery and wearable device containing the flexible battery of modified Xiao with the adhesive of Liu to improve the mechanical connection and environmental protection of the battery and wearable device.
Regarding Claims 6 and 17, Xiao & Yoshioka are relied upon for the reasons given above in addressing Claims 4 & 15, but fail to disclose the stiffener applied to an exterior portion of the package surrounding the coated electrode segment or the additional coated electrode segment.
Liu discloses an additional support structure to the flexible chain battery such as a mechanical stiffener [Column 14 Lines 28-30]. More specifically, Liu discloses that the stiffener can be applied within the flexible conductive cloth or on the outside of the stretchable substrate [Column 14 Lines 33-50].
Liu discloses that the addition of the stiffener to provide additional mechanical support to the batteries while enabling the flexibility [Column 14 Lines 26-28].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the invention to modify the flexible battery and wearable device containing the flexible battery of modified Xiao with the stiffener of Liu to improve the mechanical support of the battery and wearable device.
Response to Arguments
Applicant argues that the cited references do not disclose that the first and second coated electrode segments include alternating segments of the positively and negatively charged layers, more specifically, that Xiao does not disclose a stack of alternating positively and negatively charged layers. Examiner respectfully points out that modified Xiao, in view of Yoshioka, does disclose a flexible battery structure comprising a stack of alternating positive layers and negative layers (Figure 6A [Xiao 0055]), as described in the rejection above, wherein the stacking cell structure has alternating positive and negative electrodes (as modified by the suggestion of Yoshioka’s configuration for a stacked electrode body [Yoshioka 0010]). As stated in the rejection above, Xiao discloses in one embodiment (Figure 6A) that the flexible battery can comprise a plurality of stacking cells, wherein each stacking cell comprises a plurality of electrodes [Xiao 0055]. Xiao is silent as to the specific layering configuration of the stacking cell, however Yoshioka discloses a stacking cell having an alternating layering structure of positive electrodes alternatingly stacked with negative electrodes [Yoshioka 0010] that has the benefits of suppressing deterioration of battery characteristics [Yoshioka 0011]. Thus, it would have been obvious to substitute on configuration of a stacked cell for another, i.e. using the alternatingly stacked cell structure of Yoshioka in the stacking cell of Xiao with reasonable expectation of success, and the added benefit of suppressing deterioration of battery characteristics. Accordingly, for the reasons stated above, this argument is unpersuasive.
Applicant argues that the combination of Xiao and Yoshioka is improper as Yoshioka does not have coated segments, and Yoshioka has a different separator than Xiao that would not be compatible with the electrodes of Xiao. Examiner respectfully points out that Yoshioka was not used to teach the coated electrode segments and was not used to teach the separator, and instead Xiao was used to teach these elements. Additionally, Examiner points out that Yoshioka was only used to teach a configuration of the electrode stack in which the layers of positively and negatively charged layers are alternating and was used to modify the configuration of Xiao, and that Yoshioka was not used to change the material of the electrodes or the separator of Xiao. Accordingly, for the reasons stated above, this argument is unpersuasive.
Applicant argues that with regards to dependent claims 3 & 14, Xiao does not disclose a plurality of separators. Examiner respectfully points out that as stated in the rejection above, Xiao discloses a plurality of cells, each comprising a positive layer, negative layer, and a separator, based on the embodiment shown in Figure 6A [0055], and is further modified by Yoshioka to have the alternating stacked structure shown in Yoshioka Figure 1 wherein the plurality of positive layers, negative layers, and separator layers are alternating. Accordingly, for the reasons stated above, this argument is unpersuasive.
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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/A.E.G./Examiner, Art Unit 1726
/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 29 January 2026