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election without traverse of Species 1 in the reply filed on 12/12/2025 is acknowledged., Claims 3 and 5-7 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim.
Information Disclosure Statement
The information disclosure statement filed 03/16/2023 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. Specifically, the cited NPL reference “U.S. Patent Application No. 16/336,126 filed March 25, 2019 in the name of Masahiro NAKAMOTO et al.” was not found in the application file. Accordingly, the information referred to therein has not been considered.
Drawings
Figure 4 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated as evidenced by [0023, 0050-0052] of the instant specification. 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.
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 1-2 and 4 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.
Claim 1 recites:
“wherein each of the cells includes an outer encasement member accommodating an electrolytic solution inside, and a first terminal portion and a second terminal portion protruding from the outer encasement member,
wherein the first terminal portion and the second terminal portion protrude from the outer encasement member in a first protruding direction and in a second protruding direction that is different from the first protruding direction, respectively, and are disposed arrayed alternating in the up-down direction, as viewed from above, and
wherein each of the spacers includes a first end portion that protrudes further outward than an end portion of the outer encasement member in the first protruding direction, and a second end portion that protrudes further outward than an end portion of the outer encasement member in the second protruding direction, and each of the first end portion and the second end portion is provided with an extending portion heading to one side in the up-down direction” (emphasis added).
The claim recites “the first terminal portion”; “the second terminal portion”; and “the outer encasement member” various times (see emphasis added, above). Since the claim previously indicates that “each of the cells” includes these structures, it is unclear whether the subsequent recitations of these structures refers to 1) a particular first terminal portion, second terminal portion and outer encasement member, or 2) each of the first terminal portions, second terminal portions and outer encasement members. Examiner notes that either interpretation is supported by the instant specification (Figs. 1-3). As such, Claim 1 and dependent Claims 2 and 4 are rejected as being indefinite. For the sake of compact prosecution, the second interpretation will be applied to the claims.
Claim 2 recites, “wherein the extending portion extends toward a lower side” (emphasis added). Since it is understood that the first end portion and the second end portion each have an extending portion, and that each of the multiple spacers includes a first end portion and a second end portion (see Claim 1), it is unclear which extending portion is referenced in Claim 2. It could be interpreted that “the extending portion” refers to 1) each of the extending portions, or 2) a particular extending portion. As such, Claim 2 is rejected as being indefinite. For the sake of compact prosecution, the first interpretation will be applied, as supported by the instant specification (Fig. 2; [0042-0043]).
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.
Claim(s) 1-2 and 4 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki et al. (JP-2010010381-A; cited in IDS filed 04/01/2025; see also English translation provided by Applicant on 04/01/2025).
Regarding Claim 1, Suzuki discloses an electric power storage device (power storage unit 10, Fig. 3) comprising (see annotation of Fig. 3, below):
multiple cells (power storage cells 11, Fig. 3) that are arrayed in an up-down direction (thickness direction; Fig. 3; [0009-0010, 0029]); and
multiple spacers (particular adhesive resins 75, see annotation of Fig. 3, below; [0045, 0056]) that are stacked alternating with the cells in the up-down direction, each of the spacers being disposed between cells that are adjacent in the up-down direction (see annotation of Fig. 3, below).
wherein each of the cells includes an outer encasement member (container 61, Figs. 4-5) accommodating an electrolytic solution inside [0042, 0054], and a first terminal portion (positive external terminal 25, Figs. 4-5) and a second terminal portion (negative external terminal 35, Figs. 4-5) protruding from the outer encasement member [0042-0043].
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Annotation of Suzuki Fig. 3.
Suzuki further discloses:
wherein the first terminal portion and the second terminal portion protrude from the outer encasement member in a first protruding direction and in a second protruding direction that is different from the first protruding direction (see annotation of Fig. 3, above; [0042-0043]), respectively, and are disposed arrayed alternating in the up-down direction [0029, 0048, 0057], as viewed from above,
wherein each of the spacers includes a first end portion that protrudes further outward than an end portion of the outer encasement member in the first protruding direction (see annotation of Fig. 6, below), and a second end portion that protrudes further outward than an end portion of the outer encasement member in the second protruding direction (see annotation of Fig. 6, below), and each of the first end portion and the second end portion is provided with an extending portion heading to one side in the up-down direction (see annotation of Fig. 6, below).
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Annotation of Suzuki Fig. 6.
Here, the limitation “an end portion of the outer encasement member in the first protruding direction” is broadly and reasonably interpreted as any “end portion” of the outer encasement member, and here it is interpreted as the portion, in the first protruding direction, wherein the outer encasement member changes from a rectangular shape to triangular shape (i.e. where the rectangular shape of the outer encasement member ends; see annotation of Fig. 6, above). Similarly, the limitation “an end portion of the outer encasement member in the second protruding direction” is broadly and reasonably interpreted as the portion, in the second protruding direction, wherein the outer encasement member changes from a rectangular shape to triangular shape (i.e. where the rectangular shape of the outer encasement member ends; see annotation of Fig. 6, above).
Regarding Claim 2, Suzuki anticipates the limitations as set forth above. Suzuki further discloses that each of the extending portions (see 112(b) rejection, above) extends toward a lower side (see annotation of Fig. 6, above).
Regarding Claim 4, Suzuki anticipates the limitations as set forth above. Suzuki further discloses that the spacers (adhesive resin 75) can be formed of an epoxy resin [0045]. Since an epoxy resin inherently has some chemical resistance, and the claim does not specify a particular level or metric for “electrolytic solution withstanding properties” it is broadly and reasonably interpreted that an epoxy resin exhibits “electrolytic solution withstanding properties”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DREW C NEWMAN whose telephone number is (571)272-9873. The examiner can normally be reached M - F: 10:00 AM - 6:00 PM.
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/D.C.N./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 1/22/2026