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 .
Remarks
Claims 1 and 3 have been amended. Claims 2 and 4-10 are as previously presented. Claims 1-10 are currently examined.
Status of Objections and Rejections
The rejection as set forth within the previous office action has been modified as necessitated by the applicants amendments.
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.
Claims 1-3, 5-8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Tsinghua (CN 101867060 as cited within the IDS sent on 3/24/2023; translation sent on 9/25/2025), and further in view of Park (US 2018/0205007) and Ando (US 2010/0035150).
As to claim 1, Tsinghua discloses a flat-plate type metal battery (lithium energy storage battery… laminated type; page 1 and discussed throughout), comprising a positive electrode plate and a negative electrode plate (a positive electrode sheet and a negative electrode sheet; page 1 discussed throughout), the positive electrode plate provided with a first micro-through-hole arranged in an array on at least part of the surface thereof (page 1, and page 4 discussed the size of the through holes showing the through holes are micro sized; also discussed throughout), the negative electrode plate provided with a second micro-through-hole arranged in an array on at least part of the surface thereof (page 1, and page 4 discussed the size of the through holes showing the through holes are micro sized; also discussed throughout), wherein the first micro-through-hole and the second micro-through-hole have an overlapping area of ≥5% of the total area of the second micro-through-hole of the negative electrode plate (page 1, figures 3 and 4; discussed throughout), the second micro-through-hole has an aperture of from 1 μm to 20 μm (page 5, using the area of the circle, area is 0.001 mm to 13 mm).
Tsinghua discloses wherein the battery is a lithium ion battery and thus is silent to wherein the battery is a sodium battery, and wherein the second micro-through-hole is from 1 mm to 5 mm away from its adjacent second micro-through-hole.
Park discuss a lithium battery and a sodium metal battery ([0004], [0014] and discussed throughout). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the sodium battery from Park within Tsinghua in place of the lithium battery as a mere simple substitution of one known element for another to obtain predictable results (see MPEP 2143 I).
Ando discloses a battery ([0027], [0005]) and discussed throughout, with an electrode comprising a current collector wherein the current collector had throughout holes ([0008]) and wherein the ratio of the area of the trough holes to the area of current collector is a result effective variable that effects the amount of electrolyte that is permeated through the current collector ([0034]) the area has to be big enough to allow the appropriate about of electrolyte to pass through whereas if the area is to big the current collector would not excite of be able to supply support. It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to apply the logic from Ando within Tsinghua to adjust the space between the through holes as result effective variables if spacing has to be enough to preform the current collecting while providing support but not so much that the electrolyte is inhibited from passing through the holes (see MPEP 2144.05 II). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05 I).
As to claim 2, Tsinghua discloses wherein, (1) the first micro-through-hole has an aperture of from 1 μm to 100 μm (page 5); and/or (3) a ratio of an area of the first micro-through-hole to an area of the positive electrode plate is less than 1% (page 5 discussed throughout). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05 I).
As to claim 3, Tsinghua discloses wherein, a ratio of an area of the second micro-through-hole to an area of the negative electrode plate is less than 0.1% (page 5, discussed throughout). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05 I).
As to claim 5, Tsinghua discloses wherein, the negative electrode plate comprises a porous current collector and a conductive coating coated on at least part of the surface of the porous current collector (figures 3 and 4, pages 4-5; discussed throughout).
As to claim 6, Tsinghua discloses wherein, the conductive coating comprises a conductive agent and a binder, and the conductive agent comprises at least one of conductive carbon black, graphite, carbon fiber, single-walled carbon nanotubes, multi-walled carbon nanotubes, graphene, and fullerenes (page 5, discussed throughout).
As to claim 7, Tsinghua discloses wherein, the battery further comprises a separator wherein, the separator comprises at least one of polypropylene microporous films, polyethylene microporous films, polyimide microporous films, and polyethylene terephthalate microporous films (figures 3 and 4, page 6, discussed throughout).
As to claim 8, Tsinghua discloses wherein, the positive electrode plates and negative electrode plates are prepared by laser drilling, mechanical punching or a combination thereof (page 7, discussed throughout). Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself (see MPEP 2113 I).
As to claim 10, Tsinghua discloses an electrochemical device, comprising the battery according to claim 1 (page 1, a battery is an electrical device and comprises a battery; discussed throughout).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over modified Tsinghua (CN 101867060) as applied to claim 1 above, and further in view of Park (US 2018/0205077).
As to claim 4, Tsinghua is silent to wherein, the positive electrode plate comprises a positive active material, and the positive active material is at least one of sodium transition metal oxide, polyanionic compound, and Prussian blue compound. Park discuss a lithium battery and a sodium metal battery ([0004], [0014] and discussed throughout) wherein the positive electrode of the sodium battery is a sodium transitional metal oxide ([0029]-[0030]; [0085]-[0100], discussed throughout). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the sodium battery and associated active material and electrolyte from Park within Tsinghua in place of the lithium battery as a mere simple substitution of one known element for another to obtain predictable results (see MPEP 2143 I).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over modified Tsinghua (CN101867060) as applied to claim 1 above, and further in view of Wang (US 2020/0036034).
As to claim 9, Tsinghua is silent to wherein, the battery has a battery cell in a flat-plate structure, the battery cell has a length and width of from 400 mm to 1600 mm, the battery cell has a thickness of from 10 mm to 40 mm, a ratio of the length and the width of the battery cell is (1.1˜3.9):1, and a ratio of the length to the thickness of the battery cell is (10˜150):1. Wang discloses a lithium ion battery wherein the a battery cell in a flat-plate structure, the battery cell has a length and width of from 400 mm to 1600 mm, the battery cell has a thickness of from 10 mm to 40 mm, a ratio of the length and the width of the battery cell is (1.1˜3.9):1, and a ratio of the length to the thickness of the battery cell is (10˜150):1 ([0026], Wang). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the battery dimensions from Wang within Tsinghua as a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2143 I) and as a mere change in size (see MPEP 2144.04 IV A). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05).
Response to Arguments
Applicant’s arguments, see Applicants arguments, filed 12/25/2025, with respect to the rejections of claims 1-10 under Tsinghua have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Tsinghua as modified by Ando. Please see rejection above.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R OHARA whose telephone number is (571)272-0728. The examiner can normally be reached 7:30 AM-3:30 PM EST M-F.
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/BRIAN R OHARA/Examiner, Art Unit 1724