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 with traverse of Group I (claims 19-31) in the reply filed on October 20, 2025 is acknowledged. The traversal is on the ground(s) that the subject matter of the independent claims are patentably distinct over Seki (US 2012/045685) because instead of free spaces cuts are made in both the positive electrode and negative electrode active material layers and this is a different structural arrangement which cannot be modified into free spaces separating two bodies of the anode and of the cathode respectively, as the cuts do not separate a primary body from a secondary body. This is not found persuasive because there is a lack of special technical feature due to the free spaces being present in the prior art (see pg. 6 of requirement for restriction/election office action on August 21, 2025). Additionally, the presence of a prior art rejection below further shows that there is lack of unity, as the method of manufacturing a plurality of batteries comprising the free spaces are is not a special technical feature as it does not make a contribution over the prior art.
The requirement is still deemed proper and is therefore made FINAL.
Claims 32-37 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on October 20, 2025.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference characters not mentioned in the description: “III” in Figure 1, “IV” in Figure 3 & 4.
Figure 14 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claim 22 objected to because of the following informalities:
In claim 22 “…include called small empty zones…” should recite “include small empty zones…” for purposes of clarity . Appropriate correction is required.
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 19-31 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 19 recites the limitation "the anode connection zone” and “the cathode connection zone” in line 3 of page 3. There is insufficient antecedent basis for this limitation in the claim. Examiner suggests the claim recite “an anode connection zone” and “a cathode connection zone”.
Claim 19 further recites the limitation “the free space” (singular) on page 3, line 20 and line 22. The claim previously recites “at least one free space” (singular or plural). This limitation lacks a clear antecedent basis since there are alternate interpretations regarding the scope of “the free space”. Accordingly, the metes and bounds of “the free space” is of ambiguous scope since it is unclear which one, ones or if all of the free spaces in the case of a plurality of free spaces is being referred to. Examiner suggests the claim recite “the at least one free space”.
Claims 20-31 also rejected due to dependency on claim 19.
Claim 22 recites the limitation “…small empty zones formed as slots…”. The term “small” in claim 22 is a relative term which renders the claim indefinite. The term “small” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For purposes of examination, empty zones formed as slots will be interpreted as reading on “small” empty zones”.
Claim 23 recites the limitation “…large empty zones formed as notches…”. The term “large” in claim 23 is a relative term which renders the claim indefinite. The term “large” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. For purposes of examination, empty zones formed as notches will be interpreted as reading on “large” empty zones”.
Claim 26 recites the limitation “…the separator layer…” in lines 4-5. The claim previously recites “each anode entity including…another layer of an electrolyte material or a separator impregnated with an electrolyte” and “each cathode entity including… another layer of an electrolyte material or a separator impregnated with an electrolyte”…”This limitation lacks a clear antecedent basis since there are alternate interpretations regarding the scope of “the separator layer”. Accordingly, the metes and bounds of “the separator layer” is of ambiguous scope since it is unclear which one, or if both of the separator layers is/are being referred to. Examiner suggests the claim recite “…each separator layer…” or similar.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 19-28 and 30-31 rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gaben et al. (US 2023/0076672).
The applied reference has a common inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed in the reference and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement.
Regarding Claim 19, Gaben et al. teaches a method of manufacturing a plurality of batteries (Para. [0052], [0053]) (i.e. a method for manufacturing a plurality of one batteries) comprising supplying a stack of alternating foils, comprising anode foils (Fig 24, #601) forming an anode layer and cathode foils (Fig. 24, #602) forming a cathode layer (Para. [0053]) forming a stack that includes in a perspective view, one (i.e. y) line of anode foils and cathode foils (Fig. 24) and three rows (i.e. x rows) of batteries (Fig. 24, #400’, #400, #400’’) (i.e. forming a stack that includes in a top view, 3rows and 1 line to form a number x*y [3*1] of batteries, with x being greater than 1 and y being equal to one, the stack being formed by an alternating succession of strata respectively cathode strata and anode strata, each cathode stratum forming 3 cathode entities and each anode stratum forming 3 anode entities), such that each anode stratum having a plurality of anode primary preforms, which form a primary anode body and a plurality of secondary anode preforms which form a secondary anode body, the primary anode preforms and the secondary anode preforms being mutually separated by an empty zone which forms at least one free space and each cathode stratum having a plurality of cathode primary preforms, which form a primary cathode body and a plurality of secondary cathode preforms which form a secondary cathode body, the primary cathode preforms and the secondary cathode preforms being mutually separated by empty zones (Para. [0242]) (Fig. 24, #614, #634) which forms at least one free space (see Annotated Gaben -- Fig. 24 below) wherein the anode groove (i.e. empty zones) and cathode grooves are superimposed (Para. [0061]) (i.e. when each battery includes a plurality of free spaces in a frontal direction of each battery: the empty zones of different anode strata are superimposed, the empty zones of different cathode strata are superimposed) and the empty zones of each anode and cathode are not coincident (see Fig. 24) (i.e. the empty zones of each anode stratum and each cathode stratum are not coincident), heat treating and/or mechanically compressing the previously supplied stack of alternating foils (i.e. conducting a heat treatment and/or mechanical compression of the formed stack to form a consolidated stack) and main cuts made to separate each battery from the batteries adjacent thereto (Fig. 24, #DY) (Para. [0245]) (i.e. making a pair of main cuts between two adjacent empty zones, in a top view, so as expose an anode connection zone and a cathode connection zone, and to separate a given battery formed from a given row from at least one other adjacent battery formed from at least one adjacent row), wherein a unit cell of a battery comprises at least one anode current collecting substrate coated with an anode layer and a cathode current-collecting substrate coated with a cathode layer, and optionally with an electrolyte or separator disposed on the anode layer or cathode layer (Para. [0110]) (i.e. wherein each battery in the formed batteries includes the anode entities and the cathode entities, disposed one above each other in alternating manner in the frontal direction of each battery, each anode entity including an anode current collector substrate, at least one anode layer, and a layer of an electrolyte material or a separator impregnated with an electrolyte, each cathode entity including a cathode current collector substrate, at least one cathode layer, and another layer of an electrolyte material or a separator impregnated with an electrolyte), the battery comprising lateral edges comprising at least one anode connection zone and at least one cathode connection zone, laterally opposite the anode connection zone, and longitudinal edges (Para. [0020] and Fig. 5) (i.e. interpreting the lateral edges and longitudinal faces and the longitudinal edges as lateral faces provides, a pair of lateral faces which are mutually parallel to each other, and a pair of longitudinal faces that include a first longitudinal face and a second longitudinal face which are mutually parallel to each other, first longitudinal face having the anode connection zone and the second longitudinal face having the cathode connection zone that is laterally opposite to the anode connection zone and having a pair of front faces (Fig. 12, #210’’ and #230’) which are mutually parallel to each other, parallel to each anode entity and to each cathode entity, wherein each anode entity includes the primary anode body separated from the secondary anode body by the empty zone (i.e. free space) which is free of any electrode material, electrolyte and current-collecting substrate (Para. [0024] and Fig. 24, #614, #634) (i.e. which is free of any electrode and current collector substrate material, and each cathode entity includes the primary cathode body separated from the secondary cathode body by the free space which is free of any electrode and current collector substrate material).
Annotated Gaben et al. – Fig. 24
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Regarding Claim 20, Gaben et al. teaches all of the elements of the current invention in claim 19 as explained above.
Gaben et al. further teaches each anode foil (Fig. 24, #601) and each cathode foil (Fig. 24, #602) comprises the empty zones (i.e. wherein each anode stratum and each cathode stratum is formed by a foil in one piece [before cutting], the empty zones corresponding to material falls in the foil).
Regarding Claim 21, Gaben et al. teaches all of the elements of the current invention in claim 19 as explained above.
Gaben further teaches three of batteries (Fig. 24, #400’, #400, #400’’) (i.e. wherein each anode stratum and each cathode stratum is formed by a plurality of independent strips), with empty zones defining edges between batteries (Para. [0242]) (Fig. 24, #614, #634) (i.e. the empty zones being defined between edges facing the adjacent strips).
Regarding Claim 22, Gaben et al. teaches all of the elements of the current invention in claim 19 as explained above.
Gaben et al. further teaches the empty zones formed as slots (see Fig. 24, #614, #634) (i.e. wherein the empty zones include small empty zones formed as slots which form a single free space).
Regarding Claim 23, Gaben et al. teaches all of the elements of the current invention in claim 22 as explained above.
Gaben et al. further teaches the empty zones formed as notches (see Fig. 24, #614, #634) (i.e. wherein the empty zones include large empty zones formed as notches which form a plurality of free spaces in a same row).
Regarding Claim 24, Gaben et al. teaches all of the elements of the current invention in claim 19 as explained above.
Gaben et al. further teaches the empty zones have an I-shape (see Fig. 24, #614, #634).
Regarding Claim 25, Gaben et al. teaches all of the elements of the current invention in claim 19 as explained above.
Gaben et al. further teaches wherein pairs of cuts are made near opposing longitudinal ends of each I-shaped groove (i.e. near the top and bottom) and additional so-called main cuts are then made to separate each battery, belonging toa given line, from the batteries adjacent thereto (Para. [0244], [0245]) (i.e. further comprising, after making the pair of main cuts, making a pair of accessory cuts that facilitate a separation of a given line of batteries from at least one adjacent line of the consolidated stack).
Regarding Claim 26, Gaben et al. teaches all of the elements of the current invention in claim 25 as explained above.
Gaben et al. further teaches after producing the cut stack, impregnating the cut stack with a phase carrying lithium ions such as liquid electrolytes (Para. [0064]) such that a separator is impregnated with an electrolyte (Para. [0109]) (i.e. impregnating the consolidated stack with liquid electrolytes, such that the separator layer is impregnated with an electrolyte).
Regarding Claim 27, Gaben et al. teaches all of the elements of the current invention in claim 26 as explained above.
Gaben et al. further teaches after impregnating the cut stack with electrolyte (Para. [0064], [0065]) encapsulating the cut stack (Para. [0065]) by depositing a first cover layer at the outer periphery of the stack of the anode and cathode foils (Para. [0046]) (i.e. after impregnating the consolidated stack or the impregnation of the line of batteries: encapsulating the consolidated stack or the line of batteries) and the encapsulating system further comprises a second cover layer (Para. [0045]) (i.e. with a multi-layered encapsulating structure that covers an outer periphery of the consolidated stack or the line of batteries).
Regarding Claim 28, Gaben et al. teaches all of the elements of the current invention in claim 27 as explained above.
Gaben et al. further teaches the first cover layer includes parylene, parylene F, polyimide, epoxy resins, silicone, polyamide, sol-gel silica, organic silica and/or a mixture thereof (Para. [0044]) (i.e. wherein the multi-layered encapsulation structure comprises at least one first cover layer selected from parylene, parylene F, polyimide, epoxy resins, silicone, polyamide, sol-gel silica, organic silica and/or a mixture thereof), a second cover layer consisting of an electrically insulating material (Para. [0045]) (i.e. a second cover layer composed of an electrically insulating material) and further comprising at least one first cover layer with a WTVR of less than 10-5 g/m2*d (Para. [0046]) (i.e. at least one third cover layer serving as a waterproof layer having a water vapor permeance of less than 10-5 g/m2*d), comprising a ceramic material or a lower melting point glass with a melting point below 600 degrees Celsius (Para. [0048], [0049]) (i.e. at least one third cover layer being composed of a ceramic material and/or a low melting point glass, having a melting point below 600 degrees Celsius).
Regarding Claim 30, Gaben et al. teaches all of the elements of the current invention in claim 25 as explained above.
Gaben et al. further teaches the cutting may be done via laser cutting (Para. [0130], [0151])) (i.e. the pair of main cuts are performed by laser ablation, and the pair of accessory cuts are performed by laser ablation).
Regarding Claim 31, Gaben et al. teaches all of the elements of the current invention in claim 19 as explained above.
Gaben et al. further teaches the anode groove (i.e. free space) includes two longitudinal parts (Fig. 6, #16, #36) and a lateral part (Fig. 6, #18, #38) connecting said longitudinal parts and extending to an adjacent main cut (Fig. 6, #Dn, Para. [0061]) (i.e. further comprising forming at least one transverse channel from the empty zones, the at least transverse channel extending at least to an adjacent main cut to facilitate impregnation of the consolidated stack or the line of batteries with liquid electrolytes or an ionic liquid containing lithium salts).
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.
Claim 29 is rejected under 35 U.S.C. 103 as being obvious over Gaben et al. (US 2023/0076672) in view Gaben (US 2023/0027695), referred to hereinafter as Gaben ‘695.
The applied references each have a common inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Regarding Claim 29, Gaben et al. teaches all of the elements of the current invention in claim 28 as explained above.
Gaben et al. further teaches after encapsulation (Para. [0207]), terminations (electrical contacts) are added where the cathode or anode connections are apparent (Para. [0050], [0208]) to collect the current and allow positive and negative electrical connections to be made on the top and bottom faces of the battery (Para. [0211]) (i.e. covering at least the first longitudinal face that include the anode connection zone with an anode contact member operable to ensure electrical contact between the consolidated stack and an outer conductive element, and covering at least the second longitudinal face that include the cathode connection zone with a cathode contact member operable to ensure electrical contact between the consolidated stack and an outer conductive element), the termination system successively comprising first layer of a conductive polymer which is a silver-filled resin (Para. [0051]) (i.e. depositing on at least the first longitudinal face that includes the anode connection zone and on at least the second longitudinal face that includes the cathode connection zone, a first electrical connection layer of a material loaded with electrically conductive particles, said first electrical connection layer being formed of polymeric resin loaded with electrically conductive particles), a second layer of nickel deposited on the first layer (Para. [0209]) (i.e. depositing, on the first electrically connection layer, a second electrical connection layer comprising a metal), and a third layer of tin deposited on the second layer (Para. [0209]) (i.e. depositing on the second electrical connection layer, a third electrical connection layer).
Gaben et al. does not teach drying and polymerizing the polymeric resin, the second electrical connection layer comprising a metal foil, or the third electrical connection layer comprising a conductive ink.
However, Gaben ‘695 teaches the production of anode and cathode contact members (Para. [0072]) comprising a first electrical connection layer made of polymeric resin filled with conductive particles (Para. [0073]) and a drying step by followed by a step of polymerizing said polymeric resin (Para. [0074]), a second electrically connection layer deposited on the first electrical connection layer comprising a metal foil (Para. [0075]) and a third electrical connection layer deposited on the second electrical connection layer comprising a conductive ink (Para. [0109]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Gaben et al. to incorporate the teaching of drying and polymerizing the polymeric resin, the metal foil, and the conductive ink, as such a method would provide a first electrical connection layer allowing a second electrical connection layer to be fastened, while providing flexibility at the connection without breaking electrical contact when subjected to thermal and/or vibratory stresses (Para. [0107]), a second electrical connection layer with lasting protection against moisture with a highly impervious layer increasing calendar life of the battery (Para. [0108]), and a third electrical connection layer providing increased battery life (Para. [0109]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARMINDO CARVALHO JR. whose telephone number is (571)272-5292. The examiner can normally be reached Monday-Thursday 7:30a.m.-5p.m..
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/ARMINDO CARVALHO JR./ Primary Examiner, Art Unit 1729