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 .
Drawings
The drawings were received on April 24, 2026. These drawings are acceptable.
Response to Amendment
In response to the amendment received April 24, 2026:
Claims 19-37 are pending. Claims 1-18 have been cancelled as per applicant’s request. Claims 32-37 are withdrawn.
The previous drawing and claim objections are withdrawn in light of the amendment and replacement drawings.
The previous 112 rejections have been withdrawn in light of the amendment.
The core of the previous rejection is maintained with slight changes made in light of the amendment. All changes to the rejection are necessitated by the amendment.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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. at least one 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 at least one 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 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 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 each 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
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 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]).
Response to Arguments
Applicant's arguments filed April 24, 2026 have been fully considered but they are not persuasive.
Applicant argues the Gaben reference does not constitute prior art because Gaben has an effective filing date of September 1, 2021, which is subsequent in time to the May 19, 2021 effective filing date of the instant application and the publication date of March 9, 2023 and does not quality as prior art under 102(a)(1), and that 102(b)(2)(A) expressly removes such disclosures from the prior art universe where the subject matter disclosed was obtained directly or indreictly from the inventor or a joint inventor.
Examiner respectfully disagrees. The prior art rejection of record was not rejected under 102(a)(1). Regarding 102(a)(2), which the rejection was made under, the effective filing date of Gaben (US 2023/0076672) is not September 1, 2021. The effective filing date is at least December 23, 2020 (PCT filing date). The term "effective filing date" for a claimed invention in a patent or application for patent means—
(A) if subparagraph (B) does not apply, the actual filing date of the patent or the application for the patent containing a claim to the invention; or
(B) the filing date of the earliest application for which the patent or application is entitled, as to such invention, to a right of priority under section 119, 365(a), 365(b), 386(a), or 386(b) or to the benefit of an earlier filing date under section 120, 121, 365(c), or 386(c). See 35 U.S.C. 100(i) and 35 U.S.C. 365(c).
Furthermore, Gaben names a different inventor and thus, the presence of the inventor Fabien Gaben in the reference does not trigger the statutory exception. To qualify as prior art under AIA 35 U.S.C. 102(a)(2), the prior art U.S. patent, U.S. patent application publication, or WIPO published application ("U.S. patent document") must "name[ ] another inventor." This means that if there is any difference in inventive entity between the prior art U.S. patent document and the application under examination or patent under reexamination, the U.S. patent document satisfies the "names another inventor" requirement of AIA 35 U.S.C. 102(a)(2). See MPEP 2154.01(c). Based on the given information, there is no evidence on the record that the information relevant to the rejection originated from Fabien Gaben. The 102(b)(2)(A) exception does not apply nor has it been established. Therefore, the reference may be used as prior art under 102(a)(2). Thus, the argument is not persuasive and the rejection of record is maintained.
*Examiner notes a 102(b)(2)(A) exception can be invoked by filing of a declaration or affidavit under 37 CFR 1.130(a) establishing that the subject matter disclosed was obtained directly or indirectly from the common joint inventor AND providing a reasonable explanation of additional name on the reference.
Applicant argues the rejection is improper as Gaben ‘695 (US 2023/0027695) is disqualified as prior art as the reference and the instant application were commonly owned or subject to an obligation of assignment to I-TEN and cites 102(b)(2)(C).
Examiner respectfully disagrees. This statement is not effective to establish the 102(b)(2)(C) exception for the instant application and the ‘695 publication because the statement must recite that the instant application and the application that gave rise to the ‘695 publication were commonly owned not later than the effective filing date of the claimed invention. Rather, the statement asserts that two ‘were commonly owned’ and then quotes the opening language of 102(b)(2)(C). Please note that the language of 102(b)(2)(C) includes a requirement that the common ownership was ‘in effect on or before effective filing date of the claimed invention’. See MPEP 717.02(b)(III). Thus, the statement is not sufficient and the rejection of record is maintained.
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.
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
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