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
The following is in response to the applicant’s remarks filed 4/23/26.
The applicant submits that the amendments overcome the previous rejection.
The examiner agrees, and the previous rejection is withdrawn. A new basis for rejection appears below as necessitated by amendment.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1 – 3 and 6 – 10 are rejected under 35 U.S.C. 103 as being unpatentable over Ueda, US20160197334A1, provided on Applicant’s IDS filed 5/5/2023.
Regarding claim 1, Ueda teaches an aluminum battery [0001], comprising:
a shell (case (14)) having an internal space [fig. 2];
an electric core (electrode group (12))[0093] disposed in the internal space [fig. 2],
wherein the electric core comprises a pole sheet group (current collector connection portions (26)(28))[fig. 2], and the pole sheet group has a pole lug (conductive spacer (30))[fig. 3];
a pole tab (connection member (70) comprising lead (62) and rivet (52))[0109][fig. 6A][fig. 3A] partially exposed from the shell [fig. 6A] and extended from the internal space to an outside of the shell (river comprising internal (52a) and external (52c) portions)[fig. 6A]; and
a joint (fastening members (34)(38)) penetrating the pole lug (30)[fig. 3] and the pole tab in the internal space (portions of connecting member (62)(52a) withing case (14))[fig. 3A][fig. 6A] to join and electrically connect the pole lug and the pole tab [fig. 3A][0103].
wherein a thickness of the electric core is between greater than 1 cm and less than 3 cm (metal porous body current collector 0.01 cm – 1 cm)[0071] Similarly, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. Titanium Metals Corp. of Americav.Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985)
wherein a thermal conductivity of the joint is greater than 237 W/m*K (inherent property of aluminum)[0056].
Regarding claim 2, combined Ueda teaches the aluminum battery according to claim 1.
Further, Ueda teaches wherein the joint comprises a rivet, a screw, or a combination thereof [0079].
Regarding claim 3, combined Ueda teaches the aluminum battery according to claim 1.
Further Ueda teaches wherein the pole lug (30) and the pole tab (62) respectively have holes, and joining performed by the joint comprises riveting, fixing, or a combination thereof [0079][fig. 3A].
Regarding claim 6, combined Ueda teaches the aluminum battery according to claim 1.
Further Ueda teaches wherein a material of the joint comprises metal, and an electrical conductivity of the metal is at least greater than 3.78∗107 S/m (inherent property of aluminum)[0073].
Regarding claim 7, combined Ueda teaches the aluminum battery according to claim 6.
Further Ueda teaches wherein the metal comprises gold, copper, silver, aluminum, or a combination thereof (aluminum)[0073].
Regarding claim 8, combined Ueda teaches the aluminum battery according to claim 1.
Further Ueda teaches wherein the pole sheet group comprises a plurality of positive pole sheets and a plurality of negative pole sheets, the negative pole sheets are aluminum pole sheets, and the positive pole sheets are nickel pole sheets (first and second collectors)[0096].
Regarding claim 9, combined Ueda teaches the aluminum battery according to claim 1.
Further Ueda teaches wherein the number of the joints penetrating the pole lug and the pole tab is greater than or equal to one (34)(38)[fig. 3].
Regarding claim 10, combined Ueda teaches the aluminum battery according to claim 1.
Further Ueda teaches wherein the joint (34)(38) is not in direct contact with the shell (14)[fig. 2].
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 PATRICK M GREENE whose telephone number is (571)270-1340. The examiner can normally be reached M-F 8-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at (571)270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK MARSHALL GREENE/Examiner, Art Unit 1724
/STEWART A FRASER/Primary Examiner, Art Unit 1724
