DETAILED ACTION
Claims 1-5 are presented for examination.
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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “gap between the negative electrode and the sealing unit” plus the “gap between the negative electrode and a bottom portion of the case” of independent claim 1 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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.
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.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi et al (US 2019/0157662, published May 23, 2019) with evidence from Chemical Book.
Regarding independent claim 1, Takahashi teaches an alkaline dry battery with an negative electrode with improved high-rate discharging performance suitable for powering devices, such as e.g. portable audio devices, electronic games, lighting devices, and toys (e.g. ¶¶ 0001, 11-19, and 121 plus e.g. Figure 1), said battery comprising:
(i) a battery case (e.g. item 1) having a closed-end cylindrical shape, which is closed at its bottom, composed of e.g. a metal and further may include on its inner surface a carbon coating film to improve adhesion between a positive electrode (e.g. item 2) and said battery case (e.g. ¶¶ 0034-37, 39-40, 62, 69-71, and 79-83 plus e.g. Figure 1);
(ii) said positive electrode (e.g. item 2) having a hollow cylindrical shape with a hollow space therein, wherein said positive electrode is in contact with an inner wall of said battery case (e.g. ¶¶ 0005-13, 33-39, 54-62, and 71-75 plus e.g. Figure 1);
(iii) a gel negative electrode (e.g. item 3) disposed/filled in said hollow space of said positive electrode having said hollow cylindrical shape,
wherein said gel negative electrode contains a zinc-containing negative electrode active material, which may be zinc or zinc alloy, terephthalic acid, an alkaline electrolyte solution, and a gelling agent,
wherein said terephthalic acid in said gel negative electrode is preferably 0.1 to 0.5 parts by mass relative to 100 parts by mass of said negative electrode active material,
wherein said gelling agent may be e.g. polyacrylic acid and may be present in an amount of e.g. 0.2-2.5 parts by mass relative to 100 parts by mass of said negative electrode active material
(e.g. ¶¶ 0005, 08, 11-19, 24-25, 33, 38-39, 44-51, 77 plus e.g. Figure 1);
(iv) a separator (e.g. item 4) interposed between said positive electrode and said gel negative electrode,
wherein said separator having a closed-end cylindrical shape and located on an inner surface of said hollow of said positive electrode, and
wherein said separator separating said positive electrode and said gel negative electrode and separating said gel negative electrode and said battery case
(e.g. ¶¶ 0008, 11, 13, 28-33, 36, 39. 63-66, 78-81 plus e.g. Figure 1);
(v) an alkaline electrolyte solution (not shown) provided in said positive electrode, said gel negative electrode, and said separator (e.g. ¶¶ 0008, 11, 36-38, 46, and 67-68 plus e.g. Figure 1); and,
(vi) a sealing unit (e.g. item 9) including a gasket (e.g. item 5), a negative electrode terminal plate (e.g. item 7), and a negative electrode current collector (e.g. item 6), said sealing unit placed at an opening of said battery case, sealing said opening of said battery case (e.g. ¶¶ 0040 and 82-83 plus e.g. Figure 1),
said alkaline dry battery (e.g. supra) reading on “alkaline dry battery,” said battery comprising:
(1) said battery case (e.g. item 1) having said closed-end cylindrical shape, which is closed at its bottom (e.g. supra), reading on “a bottomed cylindrical case;”
(2) said positive electrode (e.g. item 2) having said hollow cylindrical shape with said hollow space therein, wherein said positive electrode is in contact with said inner wall of said battery case (e.g. supra), reading on “a hollow cylindrical positive electrode that is in contact with the case from inside;”
(3) said gel negative electrode (e.g. item 3) disposed/filled in said hollow space of said positive electrode having said hollow cylindrical shape,
wherein said gel negative electrode contains said zinc-containing negative electrode active material, which may be zinc or zinc alloy, said terephthalic acid, said alkaline electrolyte solution, and said gelling agent,
wherein said terephthalic acid in said gel negative electrode is preferably 0.1 to 0.5 parts by mass relative to 100 parts by mass of said negative electrode active material,
wherein said gelling agent may be e.g. polyacrylic acid and may be present in said amount of e.g. 0.2-2.5 parts by mass relative to 100 parts by mass of said negative electrode active material
(e.g. supra),
a central portion of said gel negative electrode—in the X-direction—located in a central portion of the hollow cylindrical positive electrode—corresponding with the claimed “negative electrode;”
a top distal portion of said gel negative electrode—in the X-direction —located in a top distal portion of the hollow cylindrical positive electrode—corresponding with the claimed “gap between the negative electrode and the sealing unit; and,
a bottom distal portion of said gel negative electrode—in the X-direction—located in a bottom distal portion of the hollow cylindrical positive electrode—corresponding with the claimed “gap between the negative electrode and a bottom portion of the case,”
(see further Annotated Figure 1 infra), said central portion of said gel negative electrode within a central portion of said hollow cylindrical positive electrode reading on “a negative electrode filled in a hollow portion of the positive electrode, and including a negative electrode active material including zinc;”
(4) said separator (e.g. item 4) interposed between said positive electrode and said gel negative electrode, wherein said separator having said closed-end cylindrical shape and located on said inner surface of said hollow of said positive electrode; and, said separator separating said positive electrode and said gel negative electrode and separating said gel negative electrode and said battery case (e.g. supra), reading on “a separator disposed between the positive electrode and the negative electrode;”
(5) said alkaline electrolyte solution (not shown) provided in said positive electrode, said gel negative electrode, and said separator (e.g. supra), reading on “an alkaline electrolyte included in the positive electrode, the negative electrode, and the separator;” and,
(6) said sealing unit (e.g. item 9) placed at said opening of said battery case, sealing said opening of said battery case (e.g. supra), reading on “a sealing unit covering an opening of the case,”
wherein said gel negative electrode (e.g. item 3) disposed/filled in said hollow space of said positive electrode having said hollow cylindrical shape,
wherein said gel negative electrode contains said zinc-containing negative electrode active material, which may be zinc or zinc alloy, said terephthalic acid, said alkaline electrolyte solution, and said gelling agent, which may be e.g. polyacrylic acid
(e.g. supra),
a central portion of said gel negative electrode—in the X-direction—located in a central portion of said hollow space of said hollow cylindrical positive electrode—corresponding with the claimed “negative electrode;”
a top distal portion of said gel negative electrode—in the X-direction—located in a top distal portion of said hollow space of said hollow cylindrical positive electrode—corresponding with the claimed “gap between the negative electrode and the sealing unit; and,
a bottom distal portion of said gel negative electrode—in the X-direction—located in a bottom distal portion of said hollow space of said hollow cylindrical positive electrode—corresponding with the claimed “gap between the negative electrode and a bottom portion of the case,”
(see further Annotated Figure 1 infra), noting the process limitation “charged in” does not patentably distinguish the claimed product, see e.g. MPEP § 2113, see also the instant specification, at e.g. ¶¶ 0008, 12, 15, 23-25, 33-34, 55, and 58,
wherein said terephthalic acid; alternatively, terephthalic acid and polyacrylic acid gelling agent of said gel negative electrode, which is/are filled in said hollow space of said positive electrode in said top distal portion of said gel negative electrode reading on “an additive is charged in a gap between the negative electrode and the sealing unit,” as claimed; and/or, said terephthalic acid; alternatively, terephthalic acid and polyacrylic acid gelling agent of said gel negative electrode, which is/are filled in said hollow space of said positive electrode in said bottom distal portion of said gel negative electrode reading on “an additive is charged in … a gap between the negative electrode and a bottom portion of the case,” as claimed.
Takahashi teaches said gel negative electrode (e.g. item 3) disposed/filled in said hollow space of said positive electrode having said hollow cylindrical shape, wherein said gel negative electrode contains said terephthalic acid, and said gelling agent, which may be e.g. polyacrylic acid (e.g. supra), but does not expressly teach the limitation “the additive includes an organic acid having a melting point of 90° C. or more.”
However, Takahashi teaches a substantially identical composition, terephthalic acid (compared with instant specification, at e.g. ¶¶ 0020, 23, and 62), establishing a prima facie case of obviousness of the claimed limitation, see also e.g. MPEP § 2112.01; further, regarding the polyacrylic acid gelling agent, polyacrylic acid is an organic acid that is considered to have a melting point of ~95°C, establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on the claimed limitation.
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Regarding claims 2-4, Takahashi teaches the battery of claim 1, wherein said gel negative electrode (e.g. item 3) contains said terephthalic acid and said gelling agent, which may be e.g. polyacrylic acid (e.g. supra), reading on “the organic acid includes carboxylic acid” (claim 2); “the carboxylic acid has 4 or less carboxy groups per 1 molecule” (claim 3); and, “the carboxylic acid includes at least one selected from the group consisting of succinic acid, adipic acid, benzoic acid, isophthalic acid, terephthalic acid, and trimesic acid” (claim 4).
Regarding claim 5, Takahashi teaches the battery of claim 1, wherein said terephthalic acid in said gel negative electrode is preferably 0.1 to 0.5 parts by mass relative to 100 parts by mass of said negative electrode active material; plus, said gelling agent may be e.g. polyacrylic acid and may be present in an amount of e.g. 0.2-2.5 parts by mass relative to 100 parts by mass of the negative electrode active material (e.g. supra), establishing a prima facie case of obviousness of the claimed ratio, see also e.g. MPEP § 2144.05(I), reading on the limitation “20 mg or more and 2000 mg or less of the organic acid is included per 1 g of zinc in the negative electrode active material,” as claimed.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSHITOSHI TAKEUCHI whose telephone number is (571)270-5828. The examiner can normally be reached M-F, 9-6.
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/YOSHITOSHI TAKEUCHI/Primary Examiner, Art Unit 1723