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 .
Status of Claims
Claims 6, 15-17, 20-21, 25, 27, and 31 are withdrawn.
Claims 1-5, 7-14, 18-19, 22-24, 26, and 28-30 are rejected.
Drawings
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: FIG. 2 “621” is not in the specification; FIG. 12B “622” is not in the specification. 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: in [0027] “call” should read “cell” & in [0057] “9Billustrate” should read “9B illustrate”. Appropriate correction is required.
Claim Objections
Claim 29 is objected to because of the following informalities: in line 4 “aonde” should read “anode”. Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 7-14, 18-19, 22-24, 28-30 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Zhang et al. (US 20180269437 A1, “Zhang”).
Regarding claim 1, Zhang discloses a header for an electrochemical cell, the header comprising: a planar plate configured to cover an internal volume of the electrochemical cell (see abstract “header” & “electrochemical cell” & see FIG. 2 “header 214”; FIG. 2 describes planar plate configured to cover an internal volume of the electrochemical cell); a side wall extending from an upper surface of the planar plate in a direction perpendicular to the upper surface (see FIG. 1 & 2 & [0050] describe “casing 210” has a side wall extending from an upper surface of the planar plate in a direction perpendicular to the upper surface); a recess defined by the upper surface of the planar plate and the side wall (see FIG. 1 describes the recess in the upper surface of the planar plate and the side wall); and a first step and a second step on a lower surface of the planar plate, the first step and the second step configured to seal the internal volume (see FIG. 7 describes “second step 714” which describes a first step and “first step 712” which describes a second step that seals the internal volume & in [0054] describes “712 may be designed around ball seal requirements” & “712 should have sufficient thickness so that the contact area of ball to header is adequate to hold the ball in place”).
Regarding claim 2, Zhang discloses the header of claim 1 and further discloses wherein the first step is directly on the lower surface of the planar plate (see FIG. 7 describes “714” is on the lower surface of the planar plate “lower portion 710” (see [0054]) and a length of the first step is less than a length of the planar plate (see FIG. 7 describes “714” length is less than a length of the planar plate & see [0054] describes FIG. 7 view 700 of the planar plate).
Regarding claim 3, Zhang discloses the header of claim 2 and further discloses wherein the second step is directly on a lower surface of the first step, and a length of the second step is less than a length of the first step (see FIG. 7 describes “712” is directly on a lower surface of “714” & length of “712” is less than length of “714”; see [0054] “712 should have sufficient thickness so that the contact area of ball to header is adequate to hold the ball in place” & “the thickness of this step of header can be smaller than the thickness of the second step”; see annotated FIG. 7 (“1” describes the first step & “2” describes the second step) describes second step can have smaller thickness than the first step).
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Regarding claim 4, Zhang discloses the header of claim 1 and further discloses wherein a width of the first step and a width of the second step are less than a width of the planar plate (see annotated FIG. 7).
Regarding claim 5, Zhang discloses the header of claim 1 and further discloses wherein a width of the first step and a width of the second step are the same (see annotated FIG. 7).
Regarding claim 7, Zhang discloses the header of claim 1 and further discloses further comprising an opening in the planar plate, an opening configured to receive a ball seal (see FIG. 2 & [0050] describe “opening 217 for receiving a ball seal”).
Regarding claim 8, Zhang discloses the header of claim 1 and further discloses an electrochemical cell comprising: an anode; a separator between the anode and cathode; a cathode (see abstract “electrochemical cell” & “anode” & “separator” & “cathode” & see FIG. 3 describes separator between anode and cathode); a cell casing housing the anode, the cathode, and the separator; and the header, the header installed on the cell casing (see [0032] describes “outer casing 110” & “electrochemical cell” & “header 112” & see FIG. 1).
Regarding claim 9, Zhang discloses an electrochemical cell comprising: a cathode assembly comprising a cathode; an anode assembly comprising an anode; a header (see abstract “electrochemical cell”, “anode”, “cathode” & see FIG. 1 describes “112 header” & see [0063] describes “cathode assembly” & “anode assembly”); an anode feedthrough pin extending through the header and protruding from a first lower surface of the header, wherein the anode feedthrough pin is electrically connected to the anode (see [0032] “pins 114 and 116” & “pin 114 is connected to the cathode current collector” & “pin 116 is connected to the anode current collector”); and a cathode feedthrough pin extending through the header and protruding from a second lower surface of the header, wherein the cathode feedthrough pin is electrically connected to the cathode (see [0032] “pins 114 and 116” & “pin 114 is connected to the cathode current collector” & “pin 116 is connected to the anode current collector”); wherein at least one of the cathode assembly includes a separator pouch, the separator pouch enclosing at least one of: the cathode and an interior portion of the cathode feedthrough pin (see [0050] “cathode separator pouch 232” & see annotated FIG. 3 annotated “SP” describes the separator pouch enclosing an inner portion of the cathode feed through pin & [0063] “feed thru pin 334”).
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Regarding claim 10, Zhang discloses the electrochemical cell of claim 9 and further discloses wherein the separator pouch includes a cathode separator pouch and an anode separator pouch (see [0050] “cathode separator pouch 232” & “anode separator pouch 240”), the interior portion of the cathode feedthrough pin extends from the first lower surface of the header and is enclosed within the cathode assembly by the cathode separator pouch (see [0032] “pins 114 and 116” & “pin 114 is connected to the cathode current collector” & “pin 116 is connected to the anode current collector”), and the interior portion of the anode feedthrough pin extends from the second lower surface of the header and is enclosed within the anode assembly by the anode separator pouch (see [0063] “anode separator 316” & “cathode separator 312” & see FIG. 3).
Regarding claim 11, Zhang discloses the electrochemical cell of claim 9 and further discloses wherein the anode comprises an anode composition disposed on a surface of an anode current collector and the anode is enclosed within the anode separator pouch (see FIG. 3 & [0063] describes “anode current collector 324 and encased in an anode separator 316”), and the cathode comprises a cathode composition disposed on a surface of a cathode current collector and the cathode is enclosed within the cathode separator pouch (see [0037] “cathode formulation” reads on cathode composition & “pellet may then be disposed onto the cathode current collector” & [0050] “cathode pellet 230” & “cathode separator pouch 232” & see FIG. 2).
Regarding claim 12, Zhang discloses the electrochemical cell of claim 9 and further discloses wherein the header comprises a planar plate (see FIG. 2 “header 214” & see FIG. 2 describes planar plate), a side wall extending from an upper surface of the planar plate in a direction perpendicular to the upper surface of the planar plate (see FIG. 1 & 2 & [0050] describes “casing 210” has a side wall extending from an upper surface of the planar plate in a direction perpendicular to the upper surface), and a recess defined by the upper surface of the planar plate and the side wall (see FIG. 1).
Regarding claim 13, Zhang discloses the electrochemical cell of claim 12 and further discloses wherein a portion of the anode feedthrough pin and a portion of the cathode feedthrough pin each extends above an upper surface of the planar plate (see [0032] “pins 114 and 116” & “pin 114 is connected to the cathode current collector” & “pin 116 is connected to the anode current collector”; see FIG. 1; see FIG. 3 “stepped header 330” & see [0063] “header includes a feed thru pin 334”).
Regarding claim 14, Zhang discloses the electrochemical cell of claim 12 and further discloses wherein the header further comprises a first step on a lower surface of the planar plate and a second step on a lower surface of the first step (see FIG. 7 annotated (“1” describes the first step & “2” describes the second step) & describes “714” is on the lower surface of the planar plate “lower portion 710” (see [0054]) & FIG. 7 describes “714” which describes a first step).
Regarding claim 18, Zhang discloses the electrochemical cell of claim 14 and further discloses wherein the anode feedthrough pin and the cathode feedthrough pin each extend through the planar plate, the first step, and the second step (see FIG. 7 describes “718” & “720” & see [0054] “terminal pins 718 and 720”).
Regarding claim 19, Zhang discloses the electrochemical cell of claim 14 and further discloses wherein the portion of the cathode feedthrough pin protrudes from a lower surface of the second step (see FIG. 3 & [0063] “feed thru pin 334” & FIG. 7 describes “718” & describes the pin protruding from the lower surface of the second step (see annotated FIG. 7)) and the cathode separator pouch covers the portion of the cathode feedthrough pin extending from the lower surface of the second step (see FIG. 3 describes “cathode separator 312” covers a portion of “334 feed thru pin” & FIG. 3 describes extending from the lower surface).
Regarding claim 22, Zhang discloses a header for an electrochemical cell (see abstract “header” & “electrochemical cell” & see FIG. 2 “header 214”), comprising: a header body (see FIG. 2) including a planar plate having an upper surface, the upper surface defining a shape that corresponds to a shape of an electrochemical cell casing (see FIG. 2 describes planar plate & describes upper surface of “214” & “casing 210”); and a peripheral band configured to extend along a periphery of the upper surface (see annotated FIG. 1 describes a peripheral band “p”), the peripheral band configured to be sealed to the upper surface and the cell casing (see [0063] “cell may be closed with a stepped header 330 which is welded on its circumference with the cell casing by forming welding rings 332”).
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Regarding claim 23, Zhang discloses the header of claim 22 and further discloses wherein the planar plate is configured to be installed on the casing so that a recess is formed above the planar plate, the recess defined by the upper surface and a wall of the casing (see FIG. 1 describes the recess in the upper surface of the planar plate and the side wall).
Regarding claim 28, Zhang discloses the header of claim 22 and further discloses wherein the header is configured to be connected in a sealing arrangement to an implantable medical device (see [0074] “implantable medical device”).
Regarding claim 29, Zhang discloses an electrochemical cell (see abstract) comprising: an anode; a cathode; a separator between the anode and cathode (see abstract “anode”, “separator”, “cathode” & see FIG. 3 describes separator (“312” & “316” in [0063]) is between the anode and cathode); a cell casing housing the anode, the cathode, and the separator; and the header (see [0032] describes “outer casing 110” & “electrochemical cell” & “header 112”); the header installed on the cell casing (see FIG. 1).
Regarding claim 30, Zhang discloses the header of claim 1 and regarding the method limitations recited in claim 1 including a method of manufacturing an electrochemical cell including providing a header, and installing the header on a cell casing, the Office notes that even though a product-by-process is defined by the process steps by which the product is made, determination of patentability is based on the product itself. In re Thorpe, 777 F.2d 695, 227 USPQ 964 (Fed. Cir. 1985). As the court stated in Thorpe, 777 F.2d at 697, 227 USPQ at 966 (The patentability of a product does not depend on its method of production. In re Pilkington, 411 F. 2d 1345, 1348, 162 USPQ 145, 147 (CCPA 1969). If the product in a 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). See MPEP § 2113.
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.
Claim 26 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (US 20180269437 A1, “Zhang”) as applied to claim 1 above, and further in view of Pyszczek (US 20110151310 A1, “Pyszczek”).
Regarding claim 26, Zhang discloses the header of claim 22 and further discloses further comprising a first passage configured to accommodate a cathode connection member (see abstract “header” & see FIG. 2 “header 214” & describes a first passage configured to accommodate a cathode connection member; see [0049] “pin extenders 220 and 222”), and a second passage configured to accommodate an anode connection member (see FIG. 2 & [0050] describes “openings 224 and 226”). Regarding the limitations and wherein the first passage has a size selected to support a portion of the cathode connection member and a first sealing substrate within the first passage, and the second passage has a size selected to support a portion of the anode connection member and a second sealing substrate within the second passage, Zhang discloses first and second passage (see [0049] “openings 224 and 226 for connecting a tab portion 229 of a cathode current collector 228 and a tab portion of an anode current collector 238 to pin extenders 220 and 222 respectively”; see [0054] “sufficient thickness so that the glass in the glass-to-metal seal can have sufficient thickness to form a hermetic seal” & “terminal pins 718 and 720”). Zhang discloses “the first step is to fulfill the ball seal requirements, and the second step is to fulfill the glass sealing requirements” (see [0031]). Zhang does not explicitly disclose a size of the first and second passage.
Pyszczek teaches a size of the “feed-through pin 10” in the “outer metallic ferrule 30” with a diameter suitable to provide a weld zone (see FIG. 11 describes “insulative material 20” & “header assembly 30” & “feed-through pin 10”; see [0239] & FIG. 11 describes “joining a current collecting lead 40 to a feed-through pin 10 in a manner that confers distinct advantages to the high energy density battery such as reduced size. The feed-through pin 10 can be fabricated with a diameter suitable to provide a weld zone 60 on the circular cross-section of the pin. The electrical feed-through pin 10 can be insulated from an outer metallic ferrule 30 by means of an electrically insulative material 20 known in the art such as a glass or ceramic.”).
Zhang and Pyszczek are analogous to the current invention because they are related to the same field of endeavor, namely batteries with header assemblies (see Pyszczek Abstract & [0015]).
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 size of the first and second passages disclosed by Zhang must be made with some diameter/size, so it would have been prima facie obvious to routinely design the first and second passages with a diameter/size “suitable to provide a weld zone”, as suggested by Pyszczek (see [0239]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARAH APPLEGATE whose telephone number is (571)270-0370. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm ET.
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/S.A.A./ Examiner, Art Unit 1725
/JAMES M ERWIN/ Primary Examiner, Art Unit 1725 01/28/2026