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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: P18 of specification describes “31”, “32” & “33” which are not in the drawings. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). 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.
The drawings are objected to because specification P8 [020] “100” but FIG. 1A has “1001” and specification P9 [022] “100” but FIG. 1B has “1002”. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). 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.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: the specification on P9 [022] does not describe “(O)”, but “(O)” is in FIG. 1B. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). 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.
Specification
The disclosure is objected to because of the following informalities: [004] “batter formation efficiency” should read “battery formation efficiency” as described in [001]. Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities: line 2 “batter formation efficiency” should read “battery formation efficiency”; line 3 “a electricity collector” should read “an electricity collector”.
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, 6, 12 and 20 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.
Regarding claim 1, in lines 4-5 “a first air-permeable layer comprising a non-metallic sheet material and provided on one side of the electricity collector layer” is unclear. In lines 6-8 “a second air-permeable layer comprising a non-metallic sheet material and provided on other side of the electricity collector layer in a corresponding manner to the first air-permeable layer” is unclear. It is unclear which sides the first air-permeable layer and second air-permeable layers are arranged and the instant specification [004] does not provide clarification. Appropriate correction is required.
Claims 6, 12 and 20 recite the limitation "thickness" in lines 1 and 2 of claim 6 and 12 and in lines 2 and 3 of claim 20. There is insufficient antecedent basis for this limitation in the claims.
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.
Claims 1, 3, 5-7, 9, 11-15, and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Deiters et al. (US 20210242449 A1, “Deiters”).
Regarding claim 1, Deiters discloses a lead-acid battery electrode plate for preventing lead sulfate dendrite growth (see abstract “lead acid battery” & “negative plates” & “positive plates”; see [0231] “mitigating dendrite growth” & “having reduced electrical resistance”; see [0014] “lead sulfates”), comprising: a electricity collector layer provided to be an electricity channel (see [0081] “flat plate construction is provided with a grid and active material”; see [0082] “grid is made of lead” which reads on electricity collector layer & see [0081] “active material in an electrode having a flat plate construction is formed by applying a paste onto the grid”; see [0179] “filler or fillers may contain various species (e.g., polar species, such as metals) that facilitate the flow of electrolyte and ions across the separator. Such also leads to decreased overall electrical resistance” which reads on increased conductivity); a first air-permeable layer comprising a non-metallic sheet material and provided on one side of the electricity collector layer (see [0115] “porous membrane” reads on first air-permeable layer & “being made from any material” & “polyethylene battery separator” reads on comprising a non-metallic sheet material; see [0119] “porous membrane 200” & see [0083] “porous membrane 200 is disposed adjacent to the negative electrode(s) 54”); and a second air-permeable layer comprising a non-metallic sheet material and provided on other side of the electricity collector layer in a corresponding manner to the first air-permeable layer (see FIG. 2A “porous membrane 200” & “fibrous mat 300” & “positive electrode 52” & “negative electrode 54”; see [0083] “porous membrane 200 is disposed adjacent to the negative electrode(s) 54 and the fibrous mat 300”; see [0083] “separator assembly 100 may provide the porous membrane 200 and fibrous mat 300 attached to one another via adhesives, heat-staking, ultrasonic welding or sealing, ultrasonic sewing, co-extrusion”), wherein the non-metallic sheet material has a porous structure to be air-permeable channels (see [0115] “porous membrane”; see [0119] “the porous membrane 200 is provided with a backweb 202 that may be provided with an array of one or more ribs 204, 206”; see FIG. 6B & FIG. 14B) and the first air-permeable layer is the same to the second air-permeable layer (see FIG. 2A “200” & “200) or different from the second air-permeable layer (see FIG. 2A “200” & “300”).
Regarding the limitation and enhancing battery formation efficiency, Deiters discloses in [0231] “having reduced electrical resistance. The specification of the instant invention provides evidence in [028] “to improve formation efficiency of the lead-acid battery, the non-metallic sheet material is made of electrical conductive material having high electrical conductivity”. A skilled artisan would find it obvious that a material with the same composition would exhibit the same property including high electrical conductivity which would exhibit enhanced battery formation efficiency, as evidenced by the specification (see [028]). Deiters discloses “having reduced electrical resistance” in [0231], a similar lead acid battery electrode plate (see Deiters Abstract) and a skilled artisan would find it obvious that electrical conductivity is inversely proportional to resistance which describes increased electrical conductivity.
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention that the lead-acid battery electrode plate of Deiters would exhibit enhanced battery formation efficiency as required by the claimed limitation because Deiters discloses “having reduced electrical resistance” (see [0231]) and evidenced by the instant specification (see [028]) which describes enhanced battery formation efficiency is related to sheet material having high electrical conductivity and Deiters discloses a similar lead-acid battery electrode plate (see Abstract) as the claimed invention.
Regarding claim 3, Deiters discloses the lead-acid battery electrode plate of claim 1 and further discloses wherein the porous structure comprises an electrical conductive material, wherein the electrical conductive material comprises graphite and graphene (see [0053] “conductive carbon, graphite, graphene”); the corrosion-resistant material comprises glass fiber (see [0054] “porous membrane may be one or more of” & “glass fiber”).
Regarding claim 5, Deiters discloses the lead-acid battery electrode plate of claim 3 and further discloses wherein the electrical conductive material comprises graphite, graphene (see [0053] “conductive carbon, graphite, graphene”), and the corrosion-resistant material comprises glass fiber (see [0054] “porous membrane may be one or more of” & “glass fiber”; see [0310] “help defend against accelerated grid corrosion”).
Regarding claims 6, 12 and 20, Deiters discloses the lead-acid battery electrode plate of claim 1 and the method of claim 13 and further discloses wherein thickness of the first air-permeable layer and thickness of the second air-permeable layer (see [0124] “porous membrane” & “overall thickness” & “less than or equal to approximately 5.0 mm” & see FIG. 2B).
Deiters discloses a range of less than or equal to approximately 5.0 mm, which overlaps with the claimed range of 0.1 to 0.4 mm. MPEP 2144.05 I states that 'In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)'.
Regarding claim 7, Deiters discloses the lead-acid battery electrode plate of claim 1 and further discloses a lead-acid battery (see abstract) comprising: a seal case (see [0223] “battery case”); an electrode plate stack, sealed in the seal case (see abstract “positive plate” & “negative plate”; see FIG. 2B describes the electrode plate stack), comprising: a separator; a positive electrode plate comprising the lead-acid battery electrode plate (see [0321] “positive plate” & “negative plate” & “separators”), provided on one side of the separator (see FIG. 2B “100 separator assembly” & “porous membrane 200” & “positive electrodes 52”); and a negative electrode plate comprising the lead-acid battery electrode plate, provided on the other side of the separator in a corresponding manner to the positive electrode plate (see FIG. 2B “negative electrodes 54”); and an electrolyte solution, sealed in the seal case and immersing the electrode plate stack, dissolving acidic electrolyte (see [0077] “submerged in a sulfuric acid (H2SO4) electrolyte 56”; which describes acidic electrolyte & FIG. 1 & “positive electrodes 52” & “negative electrodes 54” & “separator assemblies 100”).
Regarding claim 9, Deiters discloses the lead-acid battery of claim 7 and further discloses wherein the porous structure comprises an electrical conductive material, wherein the electrical conductive material comprises graphite, graphene (see [0053] “conductive carbon, graphite, graphene”); the corrosion-resistant material comprises glass fiber (see [0054] “porous membrane may be one or more of” & “glass fiber”).
Regarding claim 11, Deiters discloses the lead-acid battery of claim 9 and further discloses wherein the electrical conductive material comprises graphite, graphene (see [0053] “conductive carbon, graphite, graphene”), and the corrosion-resistant material comprises glass fiber (see [0054] “porous membrane may be one or more of” & “glass fiber”; see [0310] “help defend against accelerated grid corrosion”).
Regarding claim 13, Deiters discloses a method for making a lead-acid battery electrode plate (see [0018] “methods of manufacture”; see title “lead acid batteries’ & “methods”; see abstract “negative plate” & “positive plate”) comprising: placing one first non-metallic sheet material and one second non-metallic sheet material on two sides of the electricity collector layer in a respective manner so as to obtain the lead-acid battery electrode plate (see [0115] “porous membrane” reads on first air-permeable layer & “being made from any material” & “polyethylene battery separator” reads on comprising a non-metallic sheet material; see [0119] “porous membrane 200” & see [0083] “porous membrane 200 is disposed adjacent to the negative electrode(s) 54”; see [0298] “methods of making”; see [0107] “sealing may be performed” & “a skilled artisan would understand that certain methods of sealing may be more appropriate depending on the material of the fibrous mat. For example, an adhesive sealing may be more appropriate for a predominantly glass fibrous mat, while adhesive sealing or heat sealing may be more appropriate if the fibrous mat includes a polymer that melts”; see [0104] “fibrous mat may be provided in sheet form” or “envelope” & “fibrous mat may envelope a negative electrode” which reads on sheets on each side of the electricity collector layer), wherein the first non-metallic sheet material and the second non-metallic sheet material have porous structures to be air-permeable channels of a first air-permeable layer and a second air-permeable layer (see FIG. 2A “porous membrane 200” & “fibrous mat 300” & positive electrode 52” & “negative electrode 54” & see [0083] “porous membrane 200 is disposed adjacent to the negative electrode(s) 54 and the fibrous mat 300” & “separator assembly 100 may provide the porous membrane 200 and fibrous mat 300 attached to one another via adhesives, heat-staking, ultrasonic welding or sealing, ultrasonic sewing, co-extrusion”; see [0115] “porous membrane”; see [0119] “the porous membrane 200 is provided with a backweb 202 that may be provided with an array of one or more ribs 204, 206” & see FIG. 6B & FIG. 14B), and the first air-permeable layer is the same as the second air-permeable layer (see FIG. 2A “200” & “200 porous membrane”) or different from the second air-permeable layer (see FIG. 2A “200” & “300 fibrous mat”).
Regarding claim 14, Deiters discloses the method of claim 13 and further discloses further comprising exerting a pressure on the lead-acid battery electrode plate so as to laminate the electricity collector layer, the first non-metallic sheet material and the second non-metallic sheet material in a more compact manner, wherein the pressurizing procedure can be rolling, or compressing by a compressor (see [0060] “methods of manufacture and/or use of such a battery; a battery with a porous membrane and a fibrous mat laminated thereto, wherein the fibrous mat is adjacent to a negative electrode in such battery” & see FIG. 2A; see [0107] “sealing” & “pressure rolls”; see [0219] “compressed using either a machine press or calendar stack or roll”).
Regarding claim 15, Deiters discloses the method of claim 14 and further discloses wherein the exerting pressure step is performed with a roller system (see [0060] “a battery with a porous membrane and a fibrous mat laminated thereto”; see FIG. 2A; see [0107] “Mechanical sealing may use pressure rolls”; see [0218] “rolls to form a continuous web” reads on roller system).
Regarding claim 16, Deiters discloses the method of claim 13 and further discloses before or after obtaining the lead-acid battery electrode plate (see [0060] “methods of manufacture” & “battery” & “battery with a porous membrane and a fibrous mat laminated thereto, wherein the fibrous mat is adjacent to a negative electrode in such battery” & see FIG. 2A), the method further comprising dipping & soaking a sulfuric acid to the first non-metallic sheet material, the second non-metallic sheet material or the lead-acid battery electrode plate (see [0225] “dipping the battery separator in the additive or a solution of the additive (solvent bath addition) and removing the solvent if necessary (e.g., by drying)”; see [0077] “submerged in a sulfuric acid (H2SO4) electrolyte 56” & FIG. 1 “positive electrodes 52” & “negative electrodes 54” & “separator assemblies 100”); and drying the first non-metallic sheet material, the second non-metallic sheet material or the lead-acid battery electrode plate at a drying temperature for a drying time, wherein the drying temperature is higher than or equal to room temperature (see [0225] “drying”; see [0291] “methods of manufacture” & “battery” & “battery with a porous membrane and a fibrous mat laminated thereto”; see [0218] “porous membrane may be made by passing the constituent parts through a heated extruder” & “heated presses” & “or rolls to form a continuous web” which reads on drying time and temperature higher than room temperature because extrusion takes time and is a heated process).
Regarding claim 18, Deiters discloses the method of claim 13 and further discloses wherein the porous structure comprises an electrical conductive material, wherein the electrical conductive material comprises graphite, graphene, (see [0053] “conductive carbon, graphite, graphene”); the corrosion-resistant material comprises glass fiber (see [0054] “porous membrane may be one or more of” & “glass fiber”).
Regarding claim 19, Deiters discloses the method of claim 18 and further discloses wherein the electrical conductive material comprises graphite, graphene (see [0053] “conductive carbon, graphite, graphene”), and the corrosion-resistant material comprises glass fiber (see [0054] “porous membrane may be one or more of” & “glass fiber”; see [0310] “help defend against accelerated grid corrosion”).
Claims 2, 4, 8, 10, and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Deiters et al. (US 20210242449 A1, “Deiters”) as applied to claims 1 and 13 above, and further in view of Miller et al. (US 20200035974 A1, “Miller”).
Regarding claims 2, 8 and 17, Deiters discloses the lead-acid battery electrode plate of claim 1 and the method of claim 13 and further discloses wherein the porous structure comprises one or more interwoven layers (see [0022] “woven material”; see [0033] “woven material is present between the ribs of the porous membrane”; see [0028] “carbon fiber woven material”). Regarding the limitation wherein an intersection angle formed between any one of the latitudinal threads intersecting with any one of the longitudinal threads is an acute angle or an obtuse angle, Deiters discloses in [0071] “fibrous mat” & FIG. 10 describes fibers intersect & acute angle or obtuse angle. Regarding the limitation the interwoven layers are made by interweaving a plurality of latitudinal threads and a plurality of longitudinal threads, Deiters discloses “fibrous mats” & “threads which are held together by mechanical interlocking, by fusing of the fibers” in [0092] & FIG. 10 describes the layers). Regarding the limitation interwoven layers, Deiters does not explicitly disclose.
Miller teaches interweaving (see FIG. 1F describes latitude & longitudinal threads & see [0051] “fibers” & “such bunches or bundles, in certain embodiments, may be twisted before the fibers are bonded together. In such embodiments, the twisting may occur and binder may be applied to hold such twisting in place. In such embodiments, separators comprising fibrous mats comprising bunches or bundles of fibers may exhibit increased strength compared to separators comprising conventional mats; similarly, where fibers are twisted, such separators comprising such fibrous mats may exhibit even more significant increases in strength compared with separators comprising conventional mats”).
Deiters and Miller are analogous to the current invention because they are related to the same field of endeavor, namely lead acid batteries and methods (see Miller title).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Miller to include interweaving threads (see [0051]) into the lead-acid battery electrode plate of Deiters because doing so increases the strength as suggested by Miller (see [0051]).
Regarding claim 4, Deiters discloses the lead-acid battery electrode plate of claim 3 and further discloses the porous structure & electrical conductive fiber materials (see abstract “porous membrane”; see [0053] “conductive carbon, graphite, graphene” & “carbon fiber”). Deiters does not explicitly disclose a fabric braid.
Miller teaches interweaving (see FIG. 1F & [0051] “where fibers are twisted, such separators comprising such fibrous mats may exhibit even more significant increase in strength compared with separators comprising conventional mats”).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Miller to include interweaving threads which reads on fabric braid (see [0051]) into the lead-acid battery electrode plate of Deiters because doing so increases the strength as suggested by Miller (see [0051]).
Regarding claim 10, Deiters discloses the lead-acid battery of claim 9 and further discloses the porous structure comprising woven from long electrical conductive fiber materials (see abstract “porous membrane”; see [0053] “conductive carbon, graphite, graphene” & “carbon fiber”). Deiters does not explicitly disclose a fabric braid.
Miller teaches interweaving (see FIG. 1F & [0051] “where fibers are twisted, such separators comprising such fibrous mats may exhibit even more significant increase in strength compared with separators comprising conventional mats”).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teaching of Miller to include interweaving threads which reads on fabric braid (see [0051]) into the lead-acid battery electrode plate of Deiters because doing so increases the strength as suggested by Miller (see [0051]).
Conclusion
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/S.A.A./Examiner, Art Unit 1725
/JAMES M ERWIN/Primary Examiner, Art Unit 1725 02/25/2026