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 .
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.
Claim(s) 1, 8, 10-12, 14-16, and 19-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hosaka et al. [JP2009266467A, as provided on the IDS dated March 27, 2023, machine translation relied upon provided], hereinafter Hosaka.
Regarding Claim 1, Hosaka discloses a bipolar storage battery, comprising:
a bipolar electrode including a positive electrode, a negative electrode, and a bipolar plate in which the positive electrode is provided on one surface of the bipolar plate and the negative electrode is provided on an opposing surface of the bipolar plate, wherein the bipolar electrode includes a covering member configured to cover a peripheral part of an opposite surface of the positive electrode in close contact with the peripheral part, the opposite surface being opposite to a surface of the positive electrode that bonded to the bipolar plate [Hosaka 0011, 0022, and throughout, Fig. 2, positive electrode 13, bipolar plate 11, negative electrode 15, covering member 16 on peripheral edge of the positive electrode 13].
Regarding Claim 8, Hosaka discloses the bipolar storage battery according to claim 1, wherein:
the covering member is disposed on an adhesive provided on the positive electrode [Hosaka 0032]; and an end part of the covering member is disposed to cover a region where the adhesive is provided [Hosaka 0032].
Regarding Claim 10, Hosaka discloses the bipolar storage battery according to claim 1, wherein the covering member is made of an acrylonitrile-butadiene-styrene copolymer or polypropylene [Hosaka 0030, 0033, Hosaka discloses polypropylene.].
Regarding Claim 11, Hosaka discloses the bipolar storage battery according to claim 1, wherein the covering member is fixed to a frame made of resin, the frame being disposed to surround a peripheral edge part of the positive electrode [Hosaka 0097, 0100, 0108, and throughout, Figs. 3, 4, and 8, The broadest reasonable interpretation of Hosaka is the uncured epoxy resin is the claimed frame made of resin (sealing portion 31) and the uncured resin penetrates coat the positive electrode surface forming the covering member (insulating portion 16’) which is 5mm in width around the peripheral edge surface of the positive electrode 13 as shown in Fig. 8.].
Regarding Claim 12, Hosaka discloses the bipolar storage battery according to claim 1, wherein the covering member has a frame shape covering an entire of the peripheral part [Hosaka 0014, 0029].
Regarding Claim 14, Hosaka discloses a bipolar storage battery, comprising:
a bipolar electrode including a positive electrode, a negative electrode, and a bipolar plate in which the positive electrode is provided on one surface on the bipolar plate and the negative electrode is provided on an opposing surface of the bipolar plate, wherein the bipolar electrode includes a covering member that is formed of an adhesive, the bipolar electrode is configured to cover a peripheral part of an opposite surface of the positive electrode in close contact with the peripheral part, and the opposite surface is opposite to a surface of the positive electrode that bonded to the bipolar plate [Hosaka 0011, 0022, 0032, 0097-0109, and throughout, Fig. 8, positive electrode 13, bipolar plate 11, negative electrode 15, The broadest reasonable interpretation is Hosaka’s disclosed 5 mm covering member of Fig. 8, which seals the bipolar battery and is made with a base compound containing epoxy resin is an adhesive [0097-0109].].
Regarding Claim 15 and 16, Hosaka discloses the bipolar storage battery according to claim 14 and discloses wherein the adhesive is formed of a hardened object of a reaction-curable adhesive [Hosaka 0097-0109, Hosaka discloses a base compound containing epoxy resin for the covering members 16 and 31 and discloses examples where the epoxy resin is cured. The broadest reasonable interpretation is Hosaka’s disclosed 5 mm covering member of Fig. 8, which seals the bipolar battery and is made with a base compound containing epoxy resin is an adhesive [0097-0109] where the adhesive is formed of a hardened object of a reaction-curable adhesive. The claim limitation “configured to cure by a reaction between a base compound containing epoxy resin and a hardening agent containing an amine compound” is considered a product-by-process claim per MPEP 2113. "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In this case, Hosaka’s curable resin would be expected to have a sufficient structure for use as an adhesive material for use in a bipolar battery and therefore reads on the claim limitations. Claim 16 recites specific amines used to cure the resin; therefore, Hosaka also recites sufficient structure for the limitation of claim 16.
Regarding Claim 19, Hosaka discloses the bipolar storage battery according to claim 14, wherein the covering member is fixed to a frame made of resin, the frame being disposed to surround a peripheral edge part of the positive electrode [Hosaka 0097, 0100, 0108, and throughout, Figs. 3, 4, and 8, The broadest reasonable interpretation of Hosaka is the uncured epoxy resin is the claimed frame made of resin (sealing portion 31) and the uncured resin penetrates coat the positive electrode surface forming the covering member (insulating portion 16’) which is 5mm in width around the peripheral edge surface of the positive electrode 13 as shown in Fig. 8.].
Regarding Claim 20, Hosaka discloses the bipolar storage battery according to claim 14, wherein the covering member has a frame shape covering an entirety of the peripheral part[Hosaka 0014, 0029].
Claim Rejections - 35 USC § 103
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hosaka as applied to claim 1 above.
Regarding Claim 2, Hosaka discloses the bipolar storage battery according to claim 1, wherein a distance from a peripheral edge part of the peripheral part to an end part of the covering member is equal to or more than 4.6 mm [Hosaka 0029, Hosaka discloses up to 5 mm, which overlaps and obviates the claimed range. Per MPEP 2144.05, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.]
Regarding Claim 3, modified Hosaka discloses the bipolar storage battery according to claim 2, wherein:
the covering member is disposed on an adhesive provided on the positive electrode [Hosaka 0032]; and an end part of the covering member is disposed to cover a region where the adhesive is provided [Hosaka 0032].
Regarding Claim 4, modified Hosaka discloses the bipolar storage battery according to claim 3, wherein the covering member has a thickness equal to or more than 0.5 mm but equal to or less than 8.0 mm [Hosaka 0022, Hosaka discloses the thickness is up to 0.1 mm, which would be considered merely close. Per MPEP 2144.05, in the case where the claimed ranges are merely close a prima facie case of obviousness exists.
Further, the skilled artisan would expect the thickness of the covering member to be a result effective variable dependent on design factors such as the material used for the covering member, the porosity of the covering member, the type of battery, the cathode material, the type of electrolyte, etc. Further, if the covering member is too thick, the structure of the bipolar battery will be difficult to keep uniform, and if the covering member is too thin, it will not protect the positive electrode. Further, Hosaka discloses the thickness of the covering member is substantially the same as the thickness of the electrolyte layer, which demonstrates another design requirement that must be considered [Hosaka 0021]. See MPEP 2144.04, aesthetic design change; MPEP 2144.04, changes in size.
It would have been obvious to one of ordinary skill in the art before the effective filing date to determine the workable thickness range for the covering member through routine experimentation in consideration of the various design requirements of the bipolar battery as discussed above. See MPEP 2144.05II,B routine optimization.
Regarding Claim 5, modified Hosaka discloses the bipolar storage battery according to claim 2, wherein a distance from the peripheral edge part to the end part of the covering member is less than 10 mm [Hosaka 0029, Hosaka discloses up to 5 mm, which overlaps and obviates the claimed range. Per MPEP 2144.05, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists.]
Regarding Claim 6, modified Hosaka discloses the bipolar storage battery according to claim 5, wherein:
the covering member is disposed on an adhesive provided on the positive electrode [Hosaka 0032]; and an end part of the covering member is disposed to cover a region where the adhesive is provided [Hosaka 0032].
Regarding Claim 7, modified Hosaka discloses the bipolar storage battery according to claim 6, wherein the covering member has a thickness equal to or more than 0.5 mm but equal to or less than 8.0 mm [Hosaka 0022, Hosaka discloses the thickness is up to 0.1 mm, which would be considered merely close. Per MPEP 2144.05, in the case where the claimed ranges are merely close a prima facie case of obviousness exists.
Further, the skilled artisan would expect the thickness of the covering member to be a result effective variable dependent on design factors such as the material used for the covering member, the porosity of the covering member, the type of battery, the cathode material, the type of electrolyte, etc. Further, if the covering member is too thick, the structure of the bipolar battery will be difficult to keep uniform, and if the covering member is too thin, it will not protect the positive electrode. Further, Hosaka discloses the thickness of the covering member is substantially the same as the thickness of the electrolyte layer, which demonstrates another design requirement that must be considered [Hosaka 0021]. See MPEP 2144.04, aesthetic design change; MPEP 2144.04, changes in size.
It would have been obvious to one of ordinary skill in the art before the effective filing date to determine the workable thickness range for the covering member through routine experimentation in consideration of the various design requirements of the bipolar battery as discussed above. See MPEP 2144.05II,B routine optimization.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hosaka, as applied to claims 1 and 8 above.
Regarding Claim 9, Hosaka discloses the bipolar storage battery according to claim 8, wherein the covering member has a thickness equal to or more than 0.5 mm but equal to or less than 8.0 mm [Hosaka 0022, Hosaka discloses the thickness is up to 0.1 mm, which would be considered merely close. Per MPEP 2144.05, in the case where the claimed ranges are merely close a prima facie case of obviousness exists.
Further, the skilled artisan would expect the thickness of the covering member to be a result effective variable dependent on design factors such as the material used for the covering member, the porosity of the covering member, the type of battery, the cathode material, the type of electrolyte, etc. Further, if the covering member is too thick, the structure of the bipolar battery will be difficult to keep uniform, and if the covering member is too thin, it will not protect the positive electrode. Further, Hosaka discloses the thickness of the covering member is substantially the same as the thickness of the electrolyte layer, which demonstrates another design requirement that must be considered [Hosaka 0021]. See MPEP 2144.04, aesthetic design change; MPEP 2144.04, changes in size.
It would have been obvious to one of ordinary skill in the art before the effective filing date to determine the workable thickness range for the covering member through routine experimentation in consideration of the various design requirements of the bipolar battery as discussed above. See MPEP 2144.05II,B routine optimization.
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hosaka, as applied to claim 1 above, in further view of Shaffer et al. [US20150140376A1, as provided on the IDS dated May 27, 2025], hereinafter Shaffer.
Regarding Claim 13, Hosaka discloses the bipolar storage battery according to claim 1. Hosaka does not explicitly disclose a positive-electrode current collector and a negative-electrode current collector made of lead or lead alloy.
Shaffer discloses a lead-acid bipolar battery where the positive electrode includes a positive-electrode current collector [Shaffer 0003, 0033, conductive sheet/foil];
the negative electrode includes a negative-electrode current collector [Shaffer 0003, 0033, conductive sheet/foil]; and
the positive-electrode current collector and the negative-electrode current collector are made of lead or lead alloy [Shaffer 0003, 0033, conductive sheet/foil made of lead]. It would be within the ambit of the skilled artisan to apply Hosaka’s use of a covering member as described in claim 1 above for a lead acid battery with a lead current collector for the cathode and anode. It would have been obvious to one of ordinary skill in the art before the effective filing date to apply the structure of Hosaka’s bipolar battery as described in claim 1 above to a lead-acid battery with the predicable result of a lead-acid bipolar battery that can suppress and prevent internal short circuits [Hosaka 0007] by providing an additional method for preventing short circuits complementing Shaffer’s use of a separator [Shaffer 0007-0008, 0032]. See MPEP 2143 (A).
Alternatively Claim(s) 15-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hosaka, as applied to claim 14 above, in further view of Ohsawa et al. [US20190067680A1], hereinafter Ohsawa.
Regarding Claim 15 and 16, Hosaka discloses the bipolar storage battery according to claim 14 and discloses wherein the adhesive is formed of a hardened object of a reaction-curable adhesive [Hosaka 0097-0109, Hosaka discloses a base compound containing epoxy resin for the covering members 16 and 31 and discloses examples where the epoxy resin is cured. The broadest reasonable interpretation is Hosaka’s disclosed 5 mm covering member of Fig. 8, which seals the bipolar battery and is made with a base compound containing epoxy resin is an adhesive [0097-0109] where the adhesive is formed of a hardened object of a reaction-curable adhesive. The claim limitation “configured to cure by a reaction between a base compound containing epoxy resin and a hardening agent containing an amine compound” is considered a product-by-process claim per MPEP 2113. "[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In this case, Hosaka’s curable resin would be expected to have a sufficient structure for use as an adhesive material for use in a bipolar battery and therefore reads on the claim limitations. Claim 16 recites specific amines used to cure the resin; therefore, Hosaka also recites sufficient structure for the limitations of claim 16.
Alternative U.S.C. 103-type rejection:
For purpose of compact prosecution, Hosaka does not explicitly disclose “configured to cure by a reaction between a base compound containing epoxy resin and a hardening agent containing an amine compound” of claim 15 and “wherein the amine compound is at least one of an aliphatic polyamine compound, an alicyclic polyamine compound, or an aromatic polyamine compound” of claim 16. Ohsawa discloses a liquid phase curable epoxy resin for use in a bipolar battery which is impermeable to an electrolyte solution [Ohsawa 0125-0137]. Further, Ohsawa discloses the epoxy resin is “configured to cure by a reaction between a base compound containing epoxy resin and a hardening agent containing an amine compound” of claim 15 [Ohsawa 0126-0130] and “wherein the amine compound is at least one of an aliphatic polyamine compound, an alicyclic polyamine compound, or an aromatic polyamine compound” of claim 16 [Ohsawa 0126-0130, The broadest reasonable interpretation of Ohsawa’s disclosure of an epoxy resin which reacts with a polyamine compound [0126], aliphatic type epoxy resin [0129], and alicyclic epoxy resin [0130] is that Ohsawa’s invention meets the limitations of claim 16.]. It would be within the ambit of the skilled artisan to apply Ohsawa’s teachings about epoxy resins to the epoxy resin disclosed by Hosaka with the predictable result of an epoxy for use as an adhesive in a bipolar battery that is impermeable to an electrolyte solution [Ohsawa 0125-0137]. See MPEP 2143(A).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hosaka, as applied to claims 14 and 15 above, in further view of Shaffer et al. [US20150140376A1, as provided on the IDS dated May 27, 2025], hereinafter Shaffer.
Regarding Claim 17, Hosaka discloses the bipolar storage battery according to claim 15. Hosaka does not explicitly disclose a positive-electrode current collector and a negative-electrode current collector made of lead or lead alloy.
Shaffer discloses a lead-acid bipolar battery where the positive electrode includes a positive-electrode current collector [Shaffer 0003, 0033, conductive sheet/foil];
the negative electrode includes a negative-electrode current collector [Shaffer 0003, 0033, conductive sheet/foil]; and
the positive-electrode current collector and the negative-electrode current collector are made of lead or lead alloy [Shaffer 0003, 0033, conductive sheet/foil made of lead]. It would be within the ambit of the skilled artisan to apply Hosaka’s use of a covering member as described in claim 15 above for a lead acid battery with a lead current collector for the cathode and anode. It would have been obvious to one of ordinary skill in the art before the effective filing date to apply the structure of Hosaka’s bipolar battery as described in claim 15 above to a lead-acid battery with the predicable result of a lead-acid bipolar battery that can suppress and prevent internal short circuits [Hosaka 0007] by providing an additional method for preventing short circuits complementing Shaffer’s use of a separator [Shaffer 0007-0008, 0032].
Alternatively Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hosaka in further view of Ohsawa, as applied claim 15 above, in further view of Shaffer et al. [US20150140376A1, as provided on the IDS dated May 27, 2025], hereinafter Shaffer.
Regarding Claim 17, modified Hosaka discloses the bipolar storage battery according to claim 15 above. Hosaka does not explicitly disclose a positive-electrode current collector and a negative-electrode current collector made of lead or lead alloy.
Shaffer discloses a lead-acid bipolar battery where the positive electrode includes a positive-electrode current collector [Shaffer 0003, 0033, conductive sheet/foil];
the negative electrode includes a negative-electrode current collector [Shaffer 0003, 0033, conductive sheet/foil]; and
the positive-electrode current collector and the negative-electrode current collector are made of lead or lead alloy [Shaffer 0003, 0033, conductive sheet/foil made of lead]. It would be within the ambit of the skilled artisan to apply Hosaka’s use of a covering member as described in claim 15 above for a lead acid battery with a lead current collector for the cathode and anode. It would have been obvious to one of ordinary skill in the art before the effective filing date to apply the structure of Hosaka’s bipolar battery as described in claim 15 above to a lead-acid battery with the predicable result of a lead-acid bipolar battery that can suppress and prevent internal short circuits [Hosaka 0007] by providing an additional method for preventing short circuits complementing Shaffer’s use of a separator [Shaffer 0007-0008, 0032].
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hosaka, as applied to claim 14 above, in further view of Shaffer et al. [US20150140376A1, as provided on the IDS dated May 27, 2025], hereinafter Shaffer.
Regarding Claim 18, Hosaka discloses the bipolar storage battery according to claim 14. Hosaka does not explicitly disclose a positive-electrode current collector and a negative-electrode current collector made of lead or lead alloy.
Shaffer discloses a lead-acid bipolar battery where the positive electrode includes a positive-electrode current collector [Shaffer 0003, 0033, conductive sheet/foil];
the negative electrode includes a negative-electrode current collector [Shaffer 0003, 0033, conductive sheet/foil]; and
the positive-electrode current collector and the negative-electrode current collector are made of lead or lead alloy [Shaffer 0003, 0033, conductive sheet/foil made of lead]. It would be within the ambit of the skilled artisan to apply Hosaka’s use of a covering member as described in claim 14 above for a lead acid battery with a lead current collector for the cathode and anode. It would have been obvious to one of ordinary skill in the art before the effective filing date to apply the structure of Hosaka’s bipolar battery as described in claim 14 above to a lead-acid battery with the predicable result of a lead-acid bipolar battery that can suppress and prevent internal short circuits [Hosaka 0007] by providing an additional method for preventing short circuits complementing Shaffer’s use of a separator [Shaffer 0007-0008, 0032].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Koga [US20210305664A1]
Koga’s disclosure of an amine epoxy resins [0104] for use in a bipolar battery is considered relevant to claims 15-16.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to M. T. LEONARD whose telephone number is (571)270-1681. The examiner can normally be reached Mon-Fri 8:30-5 EST.
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/M. T. LEONARD/Examiner, Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724