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 .
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.
Specification
The specification and drawings have been reviewed and no clear informalities or objections have been noted.
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 1-4 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.
In claim 1, Applicant claims “the metal layers facing each other” in lines 14-15. There is a lack of antecedent basis for this plurality of metal layers. As best understood, this appears to be directed toward the same metal layer defined in line 13, but its not clear how this metal layer turns into a plurality of metal layers facing each other. Clarification is required.
In claim 1, Applicant claims “inner surfaces of the laminate film are welded to each other”. It is not clear how there are multiple inner surfaces of the laminate film. In the claim, there is only mention of a single laminate film. It is not clear how the laminate film can have multiple inner surfaces when there is a single laminate film covering the electrode body. Clarification is required.
In claim 2, Applicant claims “the metal layer in the welded portion”. This is unclear which “metal layer” is being referred to. In claim 1, Applicant claims that there are multiple metal layers in the welded portion (see “in a welded portion, a first resin layer is disposed between the metal layers facing each other”, in lines 14-15 of claim 1). In claim 2, there is a recitation that “the metal layer” (singular) has a defined thickness. It is unclear which metal layer is being referred to.
In claim 3, Applicant adds “an inner resin layer” to the claimed battery. However, it is not clear where this “inner resin layer” is located. Per the claim “the first resin layer and the second resin layer each include the inner resin layer”. Does this mean that the first and second resin layer are actually multiple layers of material including the inner resin layer AND the first resin layer or the inner resin layer AND the second resin layer, respectively? Clarification is required to address this indefiniteness.
Allowable Subject Matter
The claims, in their current form, appear to be allowable as no prior art documents were found to render the claim obvious. The closest prior art, JP2004111303A teaches a similar structure of a laminated film that wraps around a terminal of a battery and includes a metal layer and heat-sealed/welded resin layers around the terminal, but fails to teach or suggests the claimed laminate film being welded to itself at the corner portion of the current collector terminal. However, it is noted that there are several clarity issues with the claims, as noted above in the rejections under 35 USC 112 and a full search will still need to be conducted once these clarity issues are resolved.
Relevant Prior Art
JP2011249343A – Discloses a laminate film (41) that is wrapped around electrode leads/terminals and comprises resin layers 43b, metal layer 41b and two additional resin layers (41a and 41c). This document, however, fails to teach or suggest laminating the inner surfaces of the laminate film together.
JP2004111303A – Discloses a current collector terminal disposed on a side surface portion of the electrode body and teaches heat sealing/welding a resin layer around the terminal. However, this reference does not teach the claimed laminate that is welded to itself at the corners of the terminal.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW J MERKLING whose telephone number is (571)272-9813. The examiner can normally be reached Monday - Thursday 8am-6pm.
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/MATTHEW J MERKLING/Primary Examiner, Art Unit 1725