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 .
Claims 1-10 are pending examination as discussed below.
Priority
Applicant’s claim for the benefit of a prior-filed application under 35 U.S.C. 119(e) or under 35 U.S.C. 120, 121, or 365(c) is acknowledged.
Information Disclosure Statement
The information disclosure statement filed on 12/8/22 has been placed in the application file and the information referred to therein has been considered as to the merits.
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 1-10 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.
Regarding claim 1, line 5 recites a “film-like” material, however, what is defined and what constitutes a film-like material and what doesn’t constitute a film-like material isn’t clear from the specification. As the metes and bounds of the term are unknown, the claim is found indefinite. It is suggested applicant delete the term “-like”.
Claims 2-10 are rejected for being dependent upon rejected claim 1.
Regarding claim 1, the last line uses the term “both components”, however there is nothing in the claim that corresponds to this term. It is presumed and being interpreted to mean the metal-air battery cell and the plate member make up the “both components”. Applicant is invited to make an appropriate change for clarity.
Claims 2-10 are rejected for being dependent upon rejected claim 1.
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.
Claims 1-10 are rejected under 35 U.S.C. 103(a) as being unpatentable over US 2020/0243937 (Kaga) in view of US 4547438 (McAurther) and US 2017/0104253 (Choi).
Regarding claims 1 & 9, Kaga teaches a metal air battery (abstract) with a packaging material provided with openings and a water repellant film [0044, 0048, 0050, 0078]) welded as to covert the opening ([0086]). It is noted that thermally bonding as described is seen as welding.
Kaga is silent to a plate member.
While Kaga teaches spacers between each of the batteries to allow air flow (Fig. 18, [0133]), Kaga doesn’t teach the spacers as being a plate. Choi teaches a metal air battery system that uses a plate member between each of the batteries and allows air flow to the cathode side of the battery (Figs. 2A-4; [0052, 0055-0061]). Choi teaches this allows for air to be directed to the cathode and the plate can be used as current collector.
Therefore, it would be obvious to one of ordinary skill in the art at the time of the invention to use the air flow plate of Choi in the battery module of Kaga to aid in air flow and use as a current collector.
Kaga is silent to a pair of fixing members.
McArthur teaches a battery assembly to house multiple metal air batteries (Abstract, Fig. 1, 2:1-11, 3:40-45). The housing includes a pair of fixing members (56, 58, 60) at a surface end in a surface direction, which are opposingly arranged and sandwich the cells together (Fig. 1, 4:35-55). The fixing members aid in keeping the cells from moving.
Therefore, it would be obvious to one of ordinary skill in the art at the time of the invention to use the fixing members of McArthur with the cells of Kaga to keep the cells and the plates from moving around when forming a battery assembly.
Regarding claims 2-4, Kaga in view of Choi shows the plate member has multiple contactors that make contact with the metal air battery (Fig. 2A). As for the contact density being denser in one region versus another, it is well known in the art to vary the protuberances of the flow plate to change and improve the air flow of the batteries or the electrical conductivity of the assembly. The contact regions face the openings and water repellant film.
Regarding claims 5 & 6, Choi teaches the contactor is a corrugated plate shape with a channel to parallel to the flow of air (Fig.2A).
Regarding claims 7, 8 & 10, Choi teaches the contactor can be cylindrical, spindle shaped and can have holes through it (Figs. 4A-5).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEITH WALKER whose telephone number is (571)272-3458. The examiner can normally be reached on Monday - .
The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Keith Walker/
Primary Examiner, Art Unit 1726
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