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 .
Response to Arguments
Applicant's arguments filed 3/02/2026 have been fully considered but they are not persuasive. The arguments are presented on pages 7-8 that Nishizawa would teach away from the claimed porosity. These arguments are not found persuasive due to the fact that Nishizawa teaches up to 10% porosity (which overlaps the claimed range) is considered non-porous [0008] and therefore would not teach away from the claimed range. With regard to the arguments drawn to the combination of Nishizawa and Murata, these arguments are considered moot due to the fact that Nishizawa is relied upon for teaching an overlapping porosity range as detailed in the claim rejections below.
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(s) 1 and 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishizawa (JP 2014-149996 A, hereafter Nishizawa).
With regard to claim 1, Nishizawa teaches a battery comprising a housing (battery case 2) and a battery cell (power generation element 3) accommodated in the housing [0016-0017, fig. 1]: wherein,
the battery further comprises an insulator (sheet-like insulating member 4) accommodated in the housing, wherein the insulator is located between the housing and the battery cell and is provided with a plurality of through holes (holes 4a) having a hole diameter of 200 microns (which falls within and anticipates the claimed range) [0020, fig. 3-4] and a porosity of the insulator is up to 10% (which overlaps and renders the claimed range obvious, see MPEP 2144.05) [0008].
With regard to claim 8, Nishizawa teaches the insulator comprises polypropylene [0020].
With regard to claim 9, Nishizawa teaches circular holes [0020, fig. 3-4].
With regard to claim 10, Nishizawa teaches circular holes with a hole diameter of 200 microns (which falls within and anticipates the claimed range) [0020, fig. 3-4].
With regard to claim 11, Nishizawa teaches a winding cell [0018].
Claim(s) 2-5, 7, and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishizawa as applied to claims 1 and 8-11 above, and further in view of Tao et al (US 2015/0207111 A1, hereafter Tao).
With regard to claim 2, Nishizawa teaches the battery cell comprises a first end portion and a second end portion opposite the first end portion (upper and lower ends) and a side surface connected between the first end portion and the second end portion (horizontal sides corresponding to uncoated portions 3a) [0019, fig. 2, fig. 5]; and
the battery cell is provided with a first tab and a second tab (positive electrode connecting portion 5 and negative electrode connecting portion 7) extending from the side surface and the insulator is located between the side surface and the housing (as seen in fig. 1 and fig. 5 the insulator would be between the housing (battery case 2) and side (uncoated portion 3a)) [0016-0019, fig. 1, fig. 5].
Nishizawa does not explicitly teach a laminated cell. However, laminated cells are well known in the art as alternatives to wound cells. In the same field of endeavor, Tao teaches laminated battery cells [0004]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to try a laminated cell since Tao teaches them as alternatives to wound cells and teaches they may have high energy density and desirable safety performance [0004, 0007].
With regard to claim 3, Nishizawa teaches the first tab and the second tab (positive electrode connecting portion 5 and negative electrode connecting portion 7) are located between the side surface and the insulator (as seen in fig. 1 and fig. 5 the tabs would be between the side (uncoated portion 3a) and the insulator) [0016-0019, fig. 1, fig. 5].
With regard to claim 4, Nishizawa teaches the tabs are located between the insulator (bottom surface) and the housing (lid 2b) [0016-0020, fig. 1, fig. 5].
With regard to claim 5, Nishizawa does not explicitly teach the first or second tab (positive electrode connecting portion 5 and negative electrode connecting portion 7) is provided with insulation glue. However, in the same field of endeavor, Tao teaches positive and negative leads (tabs) provided with insulating glue layers [0008]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the insulating glue of Tao with the battery cell of Nishizawa for the benefit of reducing short circuits and improving safety [Tao 0020].
With regard to claim 7, Nishizawa teaches the battery cell comprises a first end portion and a second end portion opposite the first end portion (upper and lower ends) and a side surface connected between the first end portion and the second end portion (horizontal sides corresponding to uncoated portions 3a) [0019, fig. 2, fig. 5]; and
the battery cell is provided with a first tab and a second tab (positive electrode connecting portion 5 and negative electrode connecting portion 7) extending from the side surface and the insulator is located between the second end portion and the housing (as seen in fig. 1 and fig. 5 the insulator would be between the housing (battery case 2) and send end portion (bottom portion)) [0016-0019, fig. 1, fig. 5].
Nishizawa does not explicitly teach a laminated cell. However, laminated cells are well known in the art as alternatives to wound cells. In the same field of endeavor, Tao teaches laminated battery cells [0004]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to try a laminated cell since Tao teaches them as alternatives to wound cells and teaches they may have high energy density and desirable safety performance [0004, 0007].
With regard to claim 15, Nishizawa teaches hole diameters of 0.2 mm [0020] but does not explicitly teach a thickness that would fall within the claimed range. However, this would only require a change in the size of the battery. In the same field of endeavor, Tao teaches a battery with a thickness of 3 mm [0036]. When used with the 0.2 mm hole diameter of Nishizawa the ratio of the hole diameter to the thickness would be equivalent to 3/45 and fall within and obviate the claimed range. It would have been obvious to one of ordinary skill in the art to use the battery size of Tao with the battery of Nishizawa to allow for use in applications requiring a 303482 battery size [Tao 0036].
Claim(s) 12-13, and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishizawa as applied to claims 1 and 8-11 above, and further in view of Jiang et al. (US 2009/0023054 A1, hereafter Jiang).
With regard to claim 12, Nishizawa teaches the housing comprises a first housing body (metal case) and a second housing body (metal cover) covering the first housing body and the first housing body being welded to the second housing body [0016];
the body further comprising a pole (positive electrode terminal 6) arranged on the second housing body and insulated from the second housing body (the components separating the terminals from the metal cover seen in fig. 2 would need to be insulating in order for the battery of Nishizawa to function) [0019, fig. 2]. Nishizawa teaches the first tab (positive electrode connection portion) is electrically connected to the pole [0019]. Nishizawa does not explicitly teach the second tab is electrically connected to the first housing body. However, this arrangement is well known in the art as evidenced by Jiang which teaches a second tab (metal tab 44) connected to a first housing body (casing 24) [0083, fig. 3]. It would have been obvious to use the second tab (metal tab 44) connected to a first housing body (casing 24) [0083, fig. 3] since it allows for easy welding and is compatible with common form factors like AA and AAA [Jiang 0072, 0083].
With regard to claim 13, Nishizawa teaches the housing comprises a first housing body (metal case) and a second housing body (metal cover) covering the first housing body [0016]. Nishizawa does not explicitly teach the claimed seal or tab connections. However, this arrangement is well known in the art as evidenced by Jiang which teaches a tab (metal tab 44) connected to a first housing body (casing 24) and a second tab electrically (metal tab 25) connected to the second housing body (end cap 18) and with the housing bodies connected through a seal ring (insulating disk 80 with peripheral edge 85) [0082-0083, fig. 3]. It would have been obvious to use the tab and seal arrangement of Jiang with the battery of Nishizawa since it allows for easy welding and is compatible with common form factors like AA and AAA [Jiang 0072, 0083].
With regard to claim 16, Nishizawa does not explicitly teach an electric apparatus comprises the battery. However, the use of batteries in electric devices is well known in the art as evidenced by Jiang which teaches the use of batteries to power devices such as digital cameras [0030].
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishizawa and Tao as applied to claims 2-5, and 7 above, and further in view of Jiang.
With regard to claim 6, Nishizawa teaches an insulator (sheet like insulating member 4) [0020, fig. 3-4] but does not explicitly teach an annular insulator. However, in the same field of endeavor, Jiang teaches a cylindrical cell with an annular insulating member [0080, fig. 1-3]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the cylindrical cell and annular insulating member shape of Jiang with the battery cell of Nishizawa since it is taught to be a preferred shape that would correspond to common form factors like AA and AAA [Jiang 0072].
Claim(s) 17 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nishizawa and Jiang as applied to claims 12-13 and 16 above, and further in view of Tao.
With regard to claim 17, Nishizawa teaches the battery cell comprises a first end portion and a second end portion opposite the first end portion (upper and lower ends) and a side surface connected between the first end portion and the second end portion (horizontal sides corresponding to uncoated portions 3a) [0019, fig. 2, fig. 5]; and
the battery cell is provided with a first tab and a second tab (positive electrode connecting portion 5 and negative electrode connecting portion 7) extending from the side surface and the insulator is located between the second end portion and the housing (as seen in fig. 1 and fig. 5 the insulator would be between the housing (battery case 2) and send end portion (bottom portion)) [0016-0019, fig. 1, fig. 5].
Nishizawa does not explicitly teach a laminated cell. However, laminated cells are well known in the art as alternatives to wound cells. In the same field of endeavor, Tao teaches laminated battery cells [0004]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to try a laminated cell since Tao teaches them as alternatives to wound cells and teaches they may have high energy density and desirable safety performance [0004, 0007].
With regard to claim 19, Nishizawa teaches hole diameters of 0.2 mm [0020] but does not explicitly teach a thickness that would fall within the claimed range. However, this would only require a change in the size of the battery. In the same field of endeavor, Tao teaches a battery with a thickness of 3 mm [0036]. When used with the 0.2 mm hole diameter of Nishizawa the ratio of the hole diameter to the thickness would be equivalent to 3/45 and fall within and obviate the claimed range. It would have been obvious to one of ordinary skill in the art to use the battery size of Tao with the battery of Nishizawa to allow for use in applications requiring a 303482 battery size [Tao 0036].
With regard to claim 20, Nishizawa does not explicitly teach the first or second tab (positive electrode connecting portion 5 and negative electrode connecting portion 7) is provided with insulation glue. However, in the same field of endeavor, Tao teaches positive and negative leads (tabs) provided with insulating glue layers [0008]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the insulating glue of Tao with the battery cell of Nishizawa for the benefit of reducing short circuits and improving safety [Tao 0020].
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.
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/BRENT C THOMAS/Examiner, Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724
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