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 .
The Applicant has amended independent claim 1 and dependent claim 3; and canceled claims 2 and 6; and added new dependent claim 14. The pending claims are claims 1, 3-5, 7-14.
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.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1, 3-5, 7-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirasawa, JP 2021180084.
Regarding claim 1, Hirasawa teaches a secondary battery (0007) comprising: a positive electrode (0007); a negative electrode (0007); an aqueous electrolyte (0093); and a gas treatment structure (0009; 0011) configured to be capable of treating hydrogen gas (0007; 0012; 0015) using an electrical conduction (0048; 0051; 0053; 0067) between the gas treatment structure and the positive electrode (0007; 0011), wherein the gas treatment structure (0007; 0011) comprises: a conductive porous substrate connected to the positive electrode (0061-0062); and a gas treatment layer (0009; 0011) provided on the porous substrate (0061-0062) and comprising at least one of a hydrogen storage alloy (0015; 0104).
Regarding claim 3, Hirasawa teaches wherein the gas treatment structure (0007; 0011) further comprises: a layer provided on the other surface of the porous substrate (0061-0062) and having a gas flow path (0093).
Regarding claim 4, Hirasawa teaches wherein the gas treatment structure (0007; 0011) is electrically connected to the positive electrode (0085) via a resistor (0003; 0018; 0060).
Regarding claim 5, Hirasawa teaches wherein the gas treatment structure (0007; 0011) is electrically connected to the positive electrode (0085) via a switching element (0085; 0088).
Regarding claim 7, Hirasawa teaches wherein the secondary battery is a lithium ion secondary battery (0007; 0009).
Regarding claim 8, Hirasawa teaches battery pack comprising the secondary battery according to claim 1 (0010; 0085; 0087).
Regarding claim 9, Hirasawa teaches further comprising: an external power distribution terminal (0007; 0085; 0088); and a protective circuit (0007; 0011; 0017).
Regarding claim 10, Hirasawa teaches comprising a plurality of the secondary battery (0007; 0009), wherein the secondary batteries are electrically connected in series, in parallel, or in combination of series and parallel (Figures).
Regarding claim 11, Hirasawa teaches vehicle (0003) comprising the battery pack according to claim 8 (0010; 0085; 0087).
Regarding claim 12, Hirasawa teaches vehicle (0003) according to claim 11, comprising a mechanism configured to convert kinetic energy of the vehicle into regenerative energy (0025; 0030; 0038).
Regarding claim 13, Hirasawa teaches stationary power source (0096) comprising the battery pack according to claim 8 (0010; 0085; 0087).
Regarding claim 14, Hirasawa teaches the gas treatment structure converts hydrogen gas to water (0007; 0012; 0015).
Thus, the claims are anticipated.
Response to Arguments
Applicant's arguments filed 12/10/2025 have been fully considered but they are not persuasive. The Applicant argues that “Hirasawa discloses a binder resin composition used in a positive electrode (Hirasawa at [0092]-[0093]), which is different from the "aqueous electrolyte" of the present invention.”
However, Hirasawa teaches “an aqueous solution prepared by dissolving 0.968 g of ammonium persulfate as a polymerization initiator in 76 g of purified water was added.” (0093).
“Ammonium persulfate is used as an aqueous electrolyte in various electrochemical processes…It is produced by electrolyzing ammonium sulfate, where ammonium sulfate serves as the anode feedstock and ammonium persulfate is generated on the cathode side.” (Google.com).
Applicant argues that Hirasawa does not disclose that the metal layer is porous.
However, Hirasawa teaches a porous metal layer (porosity of the separator) (0007) (0062; 0104).
The Applicant argues that “the gas occlusion portion 7 disclosed in Hirasawa merely has the function of occluding hydrogen gas. See Hirasawa at [0012]. The structure and effect of the gas treatment structure recited in claim 1 of the present application thus differs from those of the gas occlusion portion 7 disclosed in Hirasawa.”
However, Hirasawa teaches a gas storage member 7 (0007; 0011-0015; 0086-0087).
Applicant argues that “the gas occlusion portion 7 disclosed in Hirasawa merely has the function of occluding hydrogen gas. See Hirasawa t [0012]. The structure and effect of the gas treatment structure recited in claim 1 of the present application thus differs from those of the gas occlusion portion 7 disclosed in Hirasawa.”
However, “occluding” refers to closing or shutting off or blocking an opening or passage. Hirasawa does not teach “hydrogen occlusion”; Hirasawa teaches gas storage (0007; 0011-0015; 0086-0087).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELA J MARTIN whose telephone number is (571)272-1288. The examiner can normally be reached 7am-4pm.
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ANGELA J. MARTIN
Examiner
Art Unit 1727
/ANGELA J MARTIN/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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