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 1-10, as filed 7 July 2023, are examined herein. No new matter is included.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
Claim 10 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Claim 10 includes the limitation “wherein the inner edge of the welded area is positioned outward of an outer edge of the first current collector and an outer edge of the second current collector when viewed in the facing direction.” At [0068] the instant specification states “The resin layers 31, 32, 33 are welded by pressing a heat plate against outer edges of the resin layers … or by heating the outer edges of the resin layers … with an infrared heating device … In doing so, the resin layers 31, 32 adjacent to each other in the facing direction D are welded to each other outside of the current collectors 21, 22. As a result, the power storage device 1A that includes the tubular member 4 formed by the plurality of the sealing portions 14 being integrated is obtained.” Examiner notes that while this does disclose welding outside of the current collectors, it does not disclose wherein the inner edge of the welded area is positioned outward of an outer edge of the first current collector and an outer edge of the second current collector when viewed in the facing direction. [0068] refers to FIG. 4 and FIG. which each show an inner edge 6, 7 of the welded area located inside an outer edge of the current collectors. Because the configuration of claim 10 contradicts the configuration of claim 1, patentable weight was not given to claim 10, and thus a rejection based on 102 or 103 is not made.
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) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (US 20200058935 A1, with priority to WO 2018/150829 A1) in view of Minagata (US 20190334195 A1).
Regarding claim 1, Nakamura teaches a power storage cell (abstract: battery) comprising:
a cathode having a first current collector (FIG. 1 current collector 11) and a cathode active material layer provided on one surface of the first current collector; (FIG. 1 and [0021] positive electrode layer 12)
an anode having a second current collector (FIG. 1 current collector 11), and an anode active material layer provided on one surface of the second current collector and facing the cathode active material layer; (FIG. 1 and [0021] negative electrode layer 13)
a separator disposed between the cathode active material layer and the anode active material layer in a facing direction in which the cathode active material layer and the anode active material layer face each other; (FIG. 1 and [0021] separator 7)
a frame-like sealing portion disposed between the first current collector and the second current collector to surround a periphery of the cathode active material layer and the anode active material layer when viewed in the facing direction, the sealing portion sealing an electrolyte in a space between the first current collector and the second current collector, wherein the sealing portion includes: (FIG. 1 and [0021] The stack 2 includes a plurality of spacers (resin members) 4. The spacer 4 is provided along the peripheral portion 11 c of the bipolar electrode 3 to ensure the clearance between the adjacent bipolar electrodes 3.)
a first resin layer spaced from the cathode active material layer and bonded to the one surface of the first current collector; (FIG. 1 and [0021] resin member/spacer 4; FIG. 5(a) resin member 4; [0049] resin member/spacer 4 is bonded to the current collector 11)
a second resin layer spaced from the anode active material layer and bonded to the one surface of the second current collector; (FIG. 1 and [0021] resin member/spacer 4; FIG. 5(a) resin member 4; [0049] resin member/spacer 4 is bonded to the current collector 11)
a third resin layer provided between the first resin layer and the second resin layer in the facing direction, (FIG. 1 casing 5; FIG. 5(a) casing 5; and [0026] the casing 5 is made of resin material and hence constitutes as “a third resin layer provided…”)
Nakamura teaches [0023] “The spaces in which the electrolyte is contained in between the bipolar electrodes 3,3 are liquid-tightly separated (sealed) from one another by the spacers 4” and [0031] “The peripheral portion 11c of the current collector 11 is bonded to the spacer 4 with the surface treatment layer 30 interposed therebetween. The surface treatment layer 30 is provided to ensure the strength and the liquid tightness between the current collector 11 made of a metal and the spacer 4 that is a resin member.” However Nakamura does not explicitly teach that the third resin layer is welded to the first resin layer and the second resin layer; a welded area formed by an outer edge portion of the first resin layer, an outer edge portion of the second resin layer, and an outer edge portion of the third resin layer being integrated with each other by welding.
Minagata, in the field of (abstract) stacked bipolar electrodes, discloses [0040] the use of welding between peripheral edge portions (E.G. resin member 4 and casing 5 of Nakamura) to create an airtight internal space. At [0054] entry of foreign matter into the frame body is prevented.
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to use welding as disclosed by Minagata for the resin member and casing of Nakamura, with a reasonable expectation of successfully creating an airtight space and preventing entry of foreign matter. This creates resin member/spacer 4 welded to casing 5.
Returning to Nakamura, Nakamura in view of Minagata further discloses wherein an inner edge of the welded area (FIG. 5(a) where 4 contacts 5) is positioned outward of an inner edge of a bonded area between the first resin layer and the first current collector and an inner edge of a bonded area between the second resin layer and the second current collector (FIG. 5(a) and [0049]) when viewed in the facing direction, and wherein the third resin layer has a portion not welded to the first resin layer or the second resin layer inward of the welded area when viewed in the facing direction. (inner wall 5(a) as shown FIG. 5(a))
Regarding claim 2, Nakamura in view of Minagata teaches all of the limitations as set forth above, and Nakamura further teaches wherein an inner edge of the first resin layer and an inner edge of the second resin layer are positioned inward of an inner edge of the third resin layer when viewed in the facing direction. (as shown FIG. 5(a) and FIG. 1, where the inner edge of resin member/spacer 4 is inward of inner wall 5a of casing 5)
Regarding claim 3, Nakamura in view of Minagata teaches all of the limitations as set forth above, and Nakamura further teaches wherein the inner edge of the bonded area between the first resin layer and the first current collector and the inner edge of the bonded area between the second resin layer and the second current collector are positioned inward of the inner edge of the third resin layer when viewed in the facing direction. (as shown FIG. 5(a) and FIG. 1, where the inner edge of resin member/spacer 4 is inward of inner wall 5a of casing 5)
Regarding claim 4, Nakamura in view of Minagata teaches all of the limitations as set forth above, and Nakamura further teaches wherein the welded area overlaps the bonded area between the first resin layer and the first current collector and the bonded area between the second resin layer and the second current collector when viewed in the facing direction. (as shown FIG. 5(a) and FIG. 1, where the inner edge of resin member/spacer 4 is inward of inner wall 5a of casing 5)
Regarding claim 5, Nakamura in view of Minagata teaches all of the limitations as set forth above, and Nakamura further teaches wherein the bonded area between the first resin layer and the first current collector is formed by an entire interface between the first resin layer and the one surface of the first current collector, and wherein the bonded area between the second resin layer and the second current collector is formed by an entire interface between the second resin layer and the one surface of the second current collector. ([0049] current collector 11 is bonded to resin member/spacer 4, as shown FIG. 5(a) where surface treatment layer 30 is continuous)
Regarding claim 6, Nakamura in view of Minagata teaches all of the limitations as set forth above, and Nakamura further teaches wherein thicknesses of the first resin layer and the second resin layer are less than or equal to a thickness of the third resin layer in the facing direction. (as shown FIG. 5(a))
Regarding claim 7, Nakamura in view of Minagata teaches all of the limitations as set forth above, and Nakamura further teaches that the separator (FIG. 1 separator 11) is fixed to an end portion of the exposed portion of the third resin layer. (FIG. 1 casing 5)
Claim(s) 8 -9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakamura (US 20200058935 A1, with priority to WO 2018/150829 A1) in view of Minagata (US 20190334195 A1), as set forth in claim 1, above, and in further view of Sasaki (US 20160315346 A1).
Regarding claim 8, Nakamura in view of Minagata teaches all of the limitations as set forth above, and further (FIG. 1) teaches a power storage device comprising a stack in which a plurality of the power storage cells according to claim 1 are stacked in the facing direction. However Nakamura does not explicitly teach wherein the first current collector of one of the power storage cells adjacent to each other in the facing direction is electrically connected to the second current collector of another of the power storage cells.
Sasaki, in the field of (abstract) power generating elements, discloses (FIG. 8, FIG. 9, [0113]) battery cells where negative current collector NC1 is in contact with positive current collector PC2. At [0116-0122], if one element is damaged, other power generating elements can maintain the power generating function, improving reliability.
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to modify the battery of modified Nakamura with the negative current collector in contact with positive current collector as taught by Sasaki, with a reasonable expectation of improving reliability.
Regarding claim 9, Nakamura in view of Minagata teaches all of the limitations as set forth above, and Nakamura further teaches wherein the first resin layer is provided to extend beyond the first current collector when viewed in the facing direction, wherein the second resin layer is provided to extend beyond the second current collector when viewed in the facing direction, and (as shown FIG. 5(a) current collector 11 and resin member/spacer 4)
Nakamura does not explicitly teach wherein the first resin layer and the second resin layer respectively provided on the first current collector and the second current collector adjacent to each other in the facing direction are welded to each other outside of the first current collector and the second current collector when viewed in the facing direction. However, in FIG. 5(a) the resin layer 4 surrounds the current collector edge in a “U” shape such that the upper and lower layers are connected by the vertical section, therefore it would have been obvious that Nakamura can be further modified to include claimed configuration.
Sasaki, in the field of (abstract) power generating elements, discloses (FIG. 8, FIG. 9, [0113]) battery cells where negative current collector NC1 is in contact with positive current collector PC2. At [0116-0122], if one element is damaged, other power generating elements can maintain the power generating function, improving reliability.
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to modify the battery of modified Nakamura with the negative current collector in contact with positive current collector as taught by Sasaki, with a reasonable expectation of improving reliability. However, Nakamura as modified by Sasaki does not explicitly teach wherein the first resin layer and the second resin layer respectively provided on the first current collector and the second current collector adjacent to each other in the facing direction are welded to each other.
Minagata, in the field of (abstract) stacked bipolar electrodes, discloses [0040] the use of welding between peripheral edge portions to create an airtight internal space. At [0053-0054] hot pressing is used, and entry of foreign matter into the frame body is prevented.
A person of ordinary skill in the art would have been motivated, as of before the effective filing date of the instant invention, to use hot pressing as disclosed by Minagata for the cell of modified Nakamura, with a reasonable expectation of successfully creating a weld between the first and second resin layers.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CLAIRE A RUTISER whose telephone number is (571)272-1969. The examiner can normally be reached 9:00 AM to 5:00 PM M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at 571-270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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CLAIRE A. RUTISER
Examiner
Art Unit 1751
/C.A.R./Examiner, Art Unit 1751
/Haroon S. Sheikh/Primary Examiner, Art Unit 1751