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 .
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 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.
Response to Arguments
Applicant's arguments filed 08 May 2026 have been fully considered but they are not persuasive.
Applicant argues the cracks recited in claim 20 are not mere defects that are accidently generated during winding, but rather are formed so as to originate from inner walls of the recessed portions and selectively connect between adjacent recessed portions to reduce stress and prevent breakage of the foil. Applicant further argues the references fails to disclose controlling the location, shape, or extension direction of cracks by the arrangement of recessed portions.
The examiner notes that the features upon which applicant relies (i.e., cracks originate from inner walls of the recessed portions and selectively connect between adjacent recessed portions to reduce stress and prevent breakage of the foil) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The claim as currently presented only requires that cracks are formed and said cracks are between recessed portions (there is no limitation requiring the cracks connect recessed portions to reduce stress and breakage); thus the combination discloses the claim as currently presented.
Claim Rejections - 35 USC § 103
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.
Claim(s) 20-27 & 29 is/are rejected under 35 U.S.C. 103 as being unpatentable over Akami et al. (US 6,375,688) in view of JP2007318007A hereafter referred to as Toyo and Furuta et al. (US 6,243,256).
In regards to claim 20,
Akami ‘688 discloses an electrolytic capacitor comprising:
a wound body (fig. 1; C3:L39-41); and
an electrolyte (C3:L42-43),
wherein the wound body is obtained by winding together an anode foil (101), a cathode foil (104) arranged opposite to the anode foil, and a separator (105) arranged between the anode foil and the cathode foil,
at least one of the anode foil and the cathode foil includes a metal foil including at least one porous portion and a core portion that is continuous to the porous portion (C4:L25-45 – etching will create porous portion and core),
the metal foil has at least one main surface in which pores in the porous portion are open (C4:L25-45 – etching will create porous portion that are open). Akami ‘688 fails to disclose the pores in the porous portion have an opening diameter smaller than 2 µm, the porous portion includes a plurality of recessed portions that are open in the main surface and distributed in a dot pattern in an in-plane direction of the main surface, the recessed portions have an opening diameter of 2 µm or more, and there are cracks between the recessed portions.
Toyo discloses an electrode foil for an electrolytic capacitor, comprising: a metal foil (1 – fig. 1; [0050]) that includes a porous portion and a core portion that is continuous to the porous portion ([0014] – wherein the etched portion is porous), wherein the metal foil has a main surface in which pores in the porous portion are open ([0014]), the porous portion includes a plurality of recessed portions (2 fig. 1; [0050]) that are open in the main surface and distributed in a dot pattern in an in-plane direction of the main surface ([0014] – dense regions), recessed portions that are adjacent to each other among the recessed portions have opening diameters 2 µm of more ([0050]).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to form the recess portions as taught by Toyo in the metal foil of Akami '688 thus obtaining cracks between the recessed portions (winding of the electrode will cause stress, cracks will form between the recesses) to obtain an anode with increased surface area and thus obtain a capacitor with a larger capacitance.
Furuta '256 discloses the pores in the porous portion have an opening length smaller than 2 µm (fig. 1; C5:L3-10).
It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to form the pores with an opening length of less than 2 µm as taught by Furuta '256 in the metal foil of Akami '688 to obtain an anode with increased surface area and thus obtain a capacitor with a larger capacitance.
In regards to claim 21,
Akami ‘688 as modified by Toyo and Furuta '256 further discloses wherein recessed portions that are adjacent to each other among the recessed portions have opening diameters D1 µm and D2 µm, respectively, and are spaced apart from each other by a distance L µm (fig. 1; [0014] of Toyo), the opening diameter D1 and the distance L satisfy 2≤D1 and 2≤L/D1≤50 ([0050] of Toyo – D1=5 mm & L=20mm therefore L/D1=4), and the opening diameter D2 and the distance L satisfy 2≤D2 and 2≤L/D2≤50 ([0050] of Toyo – D2=5 mm & L=20mm therefore L/D2=4).
In regards to claim 22,
Akami ‘688 as modified by Toyo and Furuta '256 further discloses wherein the metal foil has a length Lw2 mm in a direction perpendicular to a winding direction of the wound body. Akami ‘688 as modified by Toyo and Furuta '256 fails to disclose the number of recessed portions present per Lw2 mm2 of the main surface is 30 or more and 2660 or less.
However, Toyo discloses that the area/density (and thus number of) recessed portions is a result effective variable, particularly for ensuring a desired capacitance while having good foil strength ([0025-0028]).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to construct the capacitor of Akami ‘688 as modified by Toyo and Furuta '256 such that the number of recessed portions present per Lw2 mm2 of the main surface is 30 or more and 2660 or less to ensure good foil strength and capacitance, as taught by Toyo. Where the general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
In regards to claim 23,
Akami ‘688 as modified by Toyo and Furuta '256 further discloses wherein the cracks extend in such a manner as to connect at least two recessed portions among the recessed portions in a direction perpendicular to the winding direction of the metal foil (fig. 1; C3:L39-41 of Akami ‘688 and [0050] of Toyo – as winding of the electrode will cause stress, cracks will form between the recesses in such a manner as to connect at least two recessed portions among the recessed portions in a direction perpendicular to the winding direction of the metal foil).
In regards to claim 24,
Akami ‘688 as modified by Toyo and Furuta '256 further discloses wherein the cracks are present at least in a region P of the wound body, and
when a thickness of the wound body in a radial direction from an innermost circumferential surface to an outermost circumferential surface is denoted by t, the region P is a region from the innermost circumferential surface of the wound body to an area at a distance of t/4 in the radial direction(fig. 1; C3:L39-41 of Akami ‘688 and [0050] of Toyo – as winding of the electrode will cause stress, cracks will form between the recesses in such a manner as to connect at least two recessed portions among the recessed portions in a direction perpendicular to the winding direction of the metal foil).
In regards to claim 25,
Akami ‘688 as modified by Toyo and Furuta '256 further discloses wherein more cracks are present in the region P than in a remaining region of the wound body excluding the region P (fig. 1; C3:L39-41 of Akami ‘688 and [0050] of Toyo – as winding of the electrode will cause stress, cracks will form between the recesses in such a manner as to connect at least two recessed portions among the recessed portions in a direction perpendicular to the winding direction of the metal foil).
In regards to claim 26
Akami ‘688 as modified by Toyo and Furuta '256 further discloses wherein the at least one porous portion includes a first porous portion and a second porous portion arranged in such a manner as to sandwich the core portion ([0020] of Toyo – teaches etching pts (porous portion) and recess formed on at least one surface and thus teaches forming etching pits (porous portion) and recess on two surfaces),
the at least one main surface includes a first main surface in which pores in the first porous portion are open and a second main surface in which pores in the second porous portion are open ([0020] of Toyo – teaches etching pts (porous portion) and recess formed on at least one surface and thus teaches forming etching pits (porous portion) and recess on two surfaces), and
the plurality of recessed portions include a plurality of first recessed portions that are arranged in the first porous portion and open in the first main surface ([0020] of Toyo – teaches etching pts (porous portion) and recess formed on at least one surface and thus teaches forming etching pits (porous portion) and recess on two surfaces).
In regards to claim 27
Akami ‘688 as modified by Toyo and Furuta '256 further discloses wherein the plurality of recessed portions include a plurality of second recessed portions that are arranged in the second porous portion and open in the second main surface ([0020] of Toyo – teaches etching pts (porous portion) and recess formed on at least one surface and thus teaches forming etching pits (porous portion) and recess on two surfaces).
In regards to claim 29
Akami ‘688 as modified by Toyo and Furuta '256 further discloses wherein, in the wound body, the metal foil is wound in such a manner that the first main surface faces an outer circumferential surface side of the wound body (fig. 1; C3:L39-41 of Akami ‘688 & [0020] of Toyo – teaches recess on two surfaces and thus the surface facing the outer circumferential surface side of the wound body is considered the first main surface).
Allowable Subject Matter
Claim(s) 1-6 & 8-19 is/are allowed.
Claim(s) 28 is/are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The prior art does not teach or suggest (in combination with the other claim limitations) wherein a depth H pm of the recessed portions and a thickness T pm of the porous portion has a relationship: 0.05<H/T<1.2, (claims 1-6 & 8-19) & wherein the first recessed portions and the second recessed portions are provided at positions where the first recessed portions and the second recessed portions are not opposite to each other via the core portion (claim 28).
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Communication
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID M SINCLAIR whose telephone number is (571)270-5068. The examiner can normally be reached M-TH from 8AM-4PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TIMOTHY J DOLE can be reached at (571)272-2229. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/David M Sinclair/Primary Examiner, Art Unit 2847
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