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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 22-32, in the reply filed on 9/29/2025 is acknowledged.
Claims 33-41 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 9/29/2025.
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 22-32 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 22 recites the limitation “each unit cell in the plurality of unit cells successively including an anode current-collecting substrate…and a cathode current-collecting substrate” followed by the limitation “the anode current-collecting substrate is the anode current-collecting substrate of two adjacent unit cells, and the cathode current-collecting substrate is the cathode current-collecting substrate of two adjacent unit cells”. The latter limitation renders the claim indefinite because the structure required to meet the claim is unclear. More specifically, the former limitation recites each unit cell comprise an anode current-collecting substrate and a cathode current-collecting substrate, while the latter limitation recites said anode current-collecting substrate (of each unit cell) and said cathode current-collecting substrate (of each unit cell) is the anode current-collecting substrate and the cathode current-collecting substrate of two adjacent cells. It is unclear how many anode current-collecting substrates and how many cathode current-collecting substrates are required in each unit cell. For the purposes of this Office Action, it is assumed that the stack requires a single cathode current-collecting substrate or anode current-collecting substrate that is shared by adjacent positive electrodes or anode electrodes, respectively.
Claim 29 recites the limitation “the encapsulation system comprises:…a second cover layer” followed by the limitation “when said second cover layer is present…”. The latter limitation renders the claim indefinite because the structure required to meet the claim is unclear. More specifically, the latter limitation recites a contingency/condition that a second cover layer is present which raises the question of whether or not the second cover layer is required by the claim. For the purposes of this Office Action, the latter limitation is assumed to be optional (i.e., “when said second cover layer is present”).
Claim 29 recites the limitation “when said second cover layer is present: a succession of said second cover layer and of said third cover layer can be repeated z times, where z≥1, and deposited on the outer periphery of at least the third cover layer, and the last layer of the encapsulation system being an impervious cover layer, preferably having a water vapour permeance (WVTR) of less than 10−5 g/m2.d, and being made of a ceramic material and/or a low melting point glass”. The limitation “deposited on the outer periphery of at least the third cover layer” renders the claim limitation because it is unclear as to which third cover layer among the “third impervious cover layer” or “third cover layer” repeated z times the limitation refers to. For the purposes of this Office Action, the limitation is assumed to be optional (i.e., “when said second cover layer is present”).
Regarding claim 29, the phrase "preferably" renders the claim indefinite because it is unclear whether the limitation(s) following the phrase are part of the claimed invention. It is unclear whether the last layer being an impervious cover layer has the claimed WVTR or not.
Dependent claims 23-32 are rendered indefinite due to their dependency on indefinite claim 22.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 31 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 31 recites the limitation “the anode contact member and the cathode contact member each comprises: a first electrical connection layer, disposed on the first longitudinal face comprising at least the anode connection zone and the second longitudinal face comprising at least the cathode connection zone, the first electrical connection layer comprising a graphite-filled polymeric resin, and a second electrical connection layer comprising a metal foil disposed on the first electrical connection layer” which fails to further limit the subject matter of claims 25 and 30 upon which claim 31 depends.
More specifically, the structure recited in claim 25 and 30 clearly distinguish the first longitudinal face from the second longitudinal face, i.e., the first longitudinal face being associated with the anode connection zone and covered by an anode contact member, and the second longitudinal face being associated with the cathode connection zone and covered by a cathode contact member (claim 25 recites “two longitudinal faces opposite one another in a parallel orientation, a first longitudinal face of the two longitudinal faces including at least one anode connection zone, and a second longitudinal face of the two longitudinal faces including at least one cathode connection zone that is laterally opposite to the at least one anode connection zone” and claim 30 recites “the first longitudinal face comprising at least the anode connection zone is covered by an anode contact member, the second longitudinal face comprising at least the cathode connection zone is covered by a cathode contact member”). However, claim 31 recites a structure that suggests each of the anode contact member and of the cathode contact member comprise a first electrical connection layer disposed on both the first longitudinal face and the second longitudinal face which fails to further limit a structure in which the anode contact member covers the first longitudinal face associated with the anode connection zone and a cathode contact member covering the second longitudinal face associated with the cathode connection zone.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 102
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) 22-24 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kato et al. (US 2019/0288246A1).
Regarding claim 22, Kato discloses a battery (see Title, Abstract, Fig. 1-29), comprising:
a plurality of unit cells defining a stack (battery element 20, see Fig. 5-6, 8-9), each unit cell in the plurality of unit cells successively including an anode current-collecting substrate, an anode layer, at least one layer of an electrolyte material and/or at least one layer of a separator impregnated with an electrolyte, a cathode layer, and a cathode current-collecting substrate (battery element 20 has a configuration in which positive electrode layer 21 and negative electrode layer 22 are laminated via solid electrolyte layer 23, and the number of layers of the positive electrode layer, negative electrode layer and solid electrolyte layer are not limited [0143]-[0145]; the positive electrode layer 21 includes positive electrode collector layer 21A and positive electrode active material layer 21B, and negative electrode layer 22 includes negative electrode collector layer 22A and negative electrode active material layer 22B [0143]-[0145]), the plurality of unit cells being disposed one below another according to a frontal orientation relative to a main plane of the battery (Fig. 5-6, 8-9 show battery element 20 configured such that each of the positive electrode, negative electrode and solid electrolyte layers are disposed one below another according to a frontal orientation relative to a main plane of the battery) in a manner such that:
the anode current-collecting substrate is the anode current-collecting substrate of two adjacent unit cells (negative electrode layer 22 includes negative electrode collector layer 22A and negative electrode active material layer 22B on both surfaces of collector layer 22A [0143]-[0145], Fig. 5-6, 8-9), and
the cathode current-collecting substrate is the cathode current-collecting substrate of two adjacent unit cells (positive electrode layer 21 includes positive electrode collector layer 21A and positive electrode active material layer 21B on both surfaces of collector layer 21A [0143]-[0145], Fig. 5-6, 8-9),
wherein the stack has a plurality of faces (Fig.1-2 show the battery having a quadrangular shape; battery element 20 is a laminate [0051] such that battery element has a plurality of faces) that include:
two end faces opposite one another in a parallel orientation, and generally parallel to each anode current-collecting substrate, to each anode layer, to each electrolyte material or to each at least one layer of a separator impregnated with an electrolyte, to each cathode layer, and to each cathode current-collecting substrate (Fig. 5-6, 8-9 show two parallel, opposite ‘end faces’ parallel to each of the negative electrode layers, positive electrode layers and solid electrolyte layers),
two lateral faces opposite one another in a parallel orientation (battery element 20 includes two parallel, opposite ‘lateral faces’ positioned in a front and back relative to perspectives depicted in Fig. 5-6, 8-9), and
two longitudinal faces opposite one another in a parallel orientation, a first longitudinal face of the two longitudinal faces including at least one anode connection zone, and a second longitudinal face of the two longitudinal faces including at least one cathode connection zone that is laterally opposite to the at least one anode connection zone (collector layers 21A,22A exposed from first end face 11SA and second end face 11SB [0124]-[0127], Fig. 5-6, 8-9; battery element includes two parallel, opposite ‘lateral faces’ configured for positive and negative electrode terminal connection),
wherein:
in a first longitudinal direction of the battery, each anode current-collecting substrate protrudes from each anode layer, from each at least one layer of electrolyte material or each at least one layer of the separator impregnated with the electrolyte, from each cathode layer, and from each cathode current-collecting substrate layer (one end of the positive electrode collector layer 21A is exposed from the first end face 11SA and one end of the negative electrode layer 22 is exposed from the second end face 11SB [0124], Fig. 5-6, 8-9), and
in a second longitudinal direction of the battery that is opposite to the first longitudinal direction, each cathode current-collecting substrate protrudes from each anode layer, from each at least one layer of electrolyte material or each at least one layer of the separator impregnated with the electrolyte, from each cathode layer, and from each anode current-collecting substrate layer (one end of the positive electrode collector layer 21A is exposed from the first end face 11SA and one end of the negative electrode layer 22 is exposed from the second end face 11SB [0124], Fig. 5-6, 8-9).
Regarding claim 23, Kato discloses all of the claim limitations as set forth above. Kato further discloses each anode current-collecting substrate protrudes from a first end plane defined by first longitudinal ends of: each anode layer, each at least one layer of electrolyte material or each at least one layer of the separator impregnated with the electrolyte, each cathode layer, and each cathode current-collecting substrate layer (one end of the positive electrode collector layer 21A is exposed from the first end face 11SA and one end of the negative electrode layer 22 is exposed from the second end face 11SB [0124], Fig. 5-6, 8-9).
Regarding claim 24, Kato discloses all of the claim limitations as set forth above. Kato further discloses each cathode current-collecting substrate protrudes from a second end plane defined by second longitudinal ends of: each anode layer, each at least one layer of electrolyte material or each at least one layer of the separator impregnated with the electrolyte, each cathode layer, and each anode current-collecting substrate layer (one end of the positive electrode collector layer 21A is exposed from the first end face 11SA and one end of the negative electrode layer 22 is exposed from the second end face 11SB [0124], Fig. 5-6, 8-9).
Claim Rejections - 35 USC § 103
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.
Claim(s) 25-28, 30, 32 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato et al. (US 2019/0288246A1), as applied to claims 22-24 above.
Regarding claim 25, Kato discloses all of the claim limitations as set forth above. Kato further discloses an encapsulation system covering at least part of an outer periphery of the stack (exterior material 14 covering the surface of the battery element 20 [0050]-[0065]), the encapsulation system including at least one impervious cover layer having a water vapour permeance (WVTR) of less than 10−5 g/m2.d (moisture permeability is 0.5 g/m2/day or less [0061]; It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.), the encapsulation system being in direct contact at each longitudinal face, with each at least one layer of electrolyte material or each at least one layer of the separator impregnated with the electrolyte (exterior material 14 covering the surface of the battery element 20 [0050]-[0065]).
Regarding claim 26, Kato discloses all of the claim limitations as set forth above. Kato further discloses the encapsulation system is also in direct contact at each longitudinal face, with the anode layer, the cathode layer, and a non-protruding current-collecting substrate (exterior material 14 covering the surface of the battery element 20 [0050]-[0065]).
Regarding claim 27, Kato discloses all of the claim limitations as set forth above. Kato further discloses the encapsulation system is electrically insulating and has a conductivity that is less than 10e-12 S.m−1 (1×10−8 S/cm or less [0064]; It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.).
Regarding claim 28, Kato discloses all of the claim limitations as set forth above. Kato further discloses the encapsulation system covers end faces of the stack, the lateral faces, and at least part of the longitudinal faces (exterior material 14 covering the surface of the battery element 20 [0050]-[0065]) such that: only each anode edge of each anode current-collecting substrate protruding from each anode layer, from each at least one layer of electrolyte material or each at least one layer of the separator impregnated with the electrolyte, from each cathode layer, and from each cathode current-collecting substrate layer in the first longitudinal direction of the battery, lies flush with the first longitudinal face (one end of the positive electrode collector layer 21A is exposed from the first end face 11SA and one end of the negative electrode layer 22 is exposed from the second end face 11SB [0124], Fig. 5-6, 8-9), and only each cathode edge of each cathode current-collecting substrate protruding from each anode layer, from each at least one layer of electrolyte material or each at least one layer of the separator impregnated with the electrolyte, from each cathode layer, and from each anode current-collecting substrate layer in the second longitudinal direction of the battery, lies flush with the second longitudinal face, the second longitudinal face being opposite and parallel to the first longitudinal face, and each anode edge defines an anode connection zone and each cathode edge defines a cathode connection zone (one end of the positive electrode collector layer 21A is exposed from the first end face 11SA and one end of the negative electrode layer 22 is exposed from the second end face 11SB [0124], Fig. 5-6, 8-9).
Regarding claim 30, Kato discloses all of the claim limitations as set forth above. Kato further discloses the first longitudinal face comprising at least the anode connection zone is covered by an anode contact member, the second longitudinal face comprising at least the cathode connection zone is covered by a cathode contact member, the anode contact member and the cathode contact member produce an electrical contact between the stack and an external conductive element (positive electrode terminal 12 provided on the first end face 11SA, and a negative electrode terminal 13 provided on the second end face 11SB [0042]-[0045], Fig. 5-6, 8-9).
Regarding claim 32, Kato discloses all of the claim limitations as set forth above. Kato further discloses a smallest distance between the first longitudinal face and a first end plane defined by the first longitudinal ends of each anode layer, each at least one layer of electrolyte material and/or each at least one layer of the separator impregnated with the electrolyte, each cathode layer, and each cathode current-collecting substrate layer, is between 0.01 mm and 0.5 mm, and/or
a smallest distance between the second longitudinal face and the second end plane defined by the second longitudinal ends of each anode layer, of each at least one layer of electrolyte material and/or each at least one layer of the separator impregnated with the electrolyte, each cathode layer, and each anode current-collecting substrate layer, is between 0.01 mm and 0.5 mm (the average thickness of exterior material 14 is preferably 50 µm or less [0065] such that the distance between a first or second longitudinal face and a first or second end plate, respectively, would be the same as the thickness of the exterior material present on the first or second longitudinal faces; It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.).
Claim(s) 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato et al. (US 2019/0288246A1), as applied to claims 22-24 above, in view of Gaben (WO2019/002768A1, refer to English equivalent US2020/0152925A1).
Regarding claim 29, Kato discloses all of the claim limitations as set forth above. However, Kato does not further disclose the encapsulation system comprises: a first cover layer deposited on at least part of the outer periphery of the stack, the first cover layer being chosen from among parylene, parylene F, polyimide, epoxy resins, silicone, polyamide, sol-gel silica, organic silica and/or a mixture thereof, a second cover layer deposited by atomic layer deposition on at least part of the outer periphery of the stack or the first cover layer, the second cover layer composed of an electrically insulating material, a third impervious cover layer deposited on at least part of the outer periphery of the stack or the first cover layer, the third impervious cover layer composed of a ceramic material and/or a low melting point glass having a melting point below 600° C., the third impervious cover layer having a water vapour permeance (WVTR) of less than 10-5 g/m2.d, when said second cover layer is present: a succession of said second cover layer and of said third cover layer can be repeated z times, where z≥1, and deposited on the outer periphery of at least the third cover layer, and the last layer of the encapsulation system being an impervious cover layer, preferably having a water vapour permeance (WVTR) of less than 10−5 g/m2.d, and being made of a ceramic material and/or a low melting point glass.
Gaben discloses an encapsulation system for batteries (see Title, Abstract) comprising multiple repeating layers ([0160]-[0163], see Fig. 30-31), wherein the first covering layer consists of Al2O3, SiO2, SiOyNx and epoxy resins, or ceramic material, made of glass material or made of glass-ceramic material generally consisting of oxides, of the type Al2O3, of nitride, of phosphates, of oxynitride, of siloxane ([0165], [0167], [0187]), the second covering layer consists of parylene or polyimide which are electrically insulating ([0162], [0175], [0182]). Gaben discloses an embodiment comprising a first cover layer (i.e., first layer 31a), a second cover layer (i.e., second layer 32a) and a third cover layer (i.e., first layer 31b). Gaben further discloses the encapsulation system helps avoid exposure of the active materials of the lithium-ion battery to air and to water and prevent this type of aging, and to provide batteries with very long service life and having low self-discharge ([0008], [0016]).
Kato and Gaben are analogous art because they are concerned with the same field of endeavor, namely exterior material covering/encapsulation systems for batteries.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify the exterior material of Kato to have a multiple layers including a first layer consisting of Al2O3, SiO2, SiOyNx and epoxy resins, a second layer consisting of an insulating material and a third layer consisting of ceramic material, made of glass material or made of glass-ceramic material generally consisting of oxides, of the type Al2O3, of nitride, of phosphates, of oxynitride, of siloxane because Gaben teaches improving battery life by preventing aging due to exposure to air and water.
Conclusion
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/James Lee/Primary Examiner, Art Unit 1725 11/26/2025