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 .
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.
Claim 17 is 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.
Claim 17 recites the limitation “the side surface includes a first side surface and a second side surface facing the first side surface, and the first insulation film covers the first side surface and the second side surface”. This limitation renders the claim indefinite because the structure required by the claim is unclear. The limitation “the side surface” in the claim refers to the ‘side surface’ in “the power generation element includes…a side surface that connects the electrode main surface and the counter electrode main surface” in claim 1. It is unclear how the singular side surface includes multiple side surface (i.e., a first and second side surface), how the power generation element is structured such that a first side surface and a second side surface face one another, and how the first insulation film is structured to cover the first side surface and a second side surface of such a power generation element.
Claim Rejections - 35 USC § 102
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.
Claim(s) 1-3, 8-16, 18, 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP2012204160A, refer to English machine translation.
Regarding claim 1, JP2012204160A discloses a battery ([0001], Fig. 1-5), comprising:
a power generation element including at least one battery cell including an electrode layer, a counter electrode layer, and a solid electrolyte layer positioned between the electrode layer and the counter electrode layer (negative electrode 1, solid electrolyte layer 3 and positive electrode 2 [0012]);
a first insulation film (insulating material 6 [0014]);
an electrode terminal electrically connected to the electrode layer (positive electrode terminal 5P [0013]); and
a counter electrode terminal electrically connected to the counter electrode layer (negative electrode terminal 5N [0013]), wherein
the power generation element includes an electrode main surface that is a main surface formed of a surface of the electrode layer, a counter electrode main surface that faces the electrode main surface and is a main surface formed of a surface of the counter electrode layer, and a side surface that connects the electrode main surface and the counter electrode main surface (Fig. 1-3,5 show the battery having an externally facing positive electrode main surface, an externally facing negative electrode main surface and a side surface),
the first insulation film includes a first side surface covering portion that covers the side surface and a first main surface covering portion that is connected with the first side surface covering portion and covers the counter electrode main surface (insulating material 6 [0014], see Fig. 1-3,5 showing insulating material 6 covering the side surface and negative electrode main surface),
the electrode terminal includes a second side surface covering portion that covers the first side surface covering portion and an electrode contact portion that is connected with the second side surface covering portion and is joined to the electrode main surface (positive electrode terminal 5P along with positive electrode current collector 8 [0012]-[0015], Fig. 1-3,5),
the counter electrode terminal is joined to the counter electrode main surface (negative electrode terminal 5N [0012]-[0013], Fig. 1-3,5), and
the electrode terminal further includes a second main surface covering portion that is connected with the second side surface covering portion and covers the first main surface covering portion (positive electrode terminal 5P along with positive electrode current collector 8 [0012]-[0015], Fig. 1-3,5 show 5P and 8 connected to side surface of insulating material 6 and positive electrode).
Regarding 2, JP2012204160A discloses all of the claim limitations as set forth above. JP2012204160A further discloses the counter electrode terminal has a plate shape (negative electrode terminal 5N is a terminal electrode [0012]-[0013], Fig. 1-3,5 show 5N having a plate shape), and an entirety of the counter electrode terminal is overlapped with the counter electrode main surface in plan view (Fig. 1-3,5 show entirety of 5N overlapped by negative electrode 1).
Regarding 3, JP2012204160A discloses all of the claim limitations as set forth above. JP2012204160A further discloses the counter electrode terminal is one of a plurality of counter electrode terminals (conductive portions on both sides of the insulating substrate 4 formed around the through holes are connect to form negative terminal 5P [0017]).
Regarding 8, JP2012204160A discloses all of the claim limitations as set forth above. JP2012204160A further discloses a substrate that is arranged to face the counter electrode main surface (insulating substrate 4 [0012]-[0018], Fig. 1-3,5), wherein the counter electrode terminal is positioned between the substrate and the counter electrode layer (see Fig. 2-3,5), and the substrate includes an electrode connection portion that is joined with the electrode terminal and is electrically connected with the electrode layer (insulating substrate 4 is provided with a pair of through holes, the conductive portions on both sides of the insulating substrate 4 formed around the through holes are connected via the respective through holes, and the positive terminal 5P and The negative terminal 5N is used [0017]) and a counter electrode connection portion that is joined with the counter electrode terminal and is electrically connected with the counter electrode layer (insulating substrate 4 is provided with a pair of through holes, the conductive portions on both sides of the insulating substrate 4 formed around the through holes are connected via the respective through holes, and the positive terminal 5P and The negative terminal 5N is used [0017]).
Regarding 9, JP2012204160A discloses all of the claim limitations as set forth above. JP2012204160A further discloses a second insulation film that covers a part of the counter electrode main surface, wherein the second insulation film covers an outer periphery of the counter electrode terminal in plan view (insulating protective film 11 [0015], [0036], Fig. 5).
Regarding 10, JP2012204160A discloses all of the claim limitations as set forth above. JP2012204160A further discloses an outer periphery edge portion of the counter electrode terminal in plan view is sandwiched between the counter electrode main surface and the second insulation film (Fig. 5 shows 5N sandwiched between negative electrode and insulating protective film 11).
Regarding 13, JP2012204160A discloses all of the claim limitations as set forth above. JP2012204160A further discloses the first insulation film and the second insulation film are connected with each other (see Fig. 5).
Regarding 14, JP2012204160A discloses all of the claim limitations as set forth above. JP2012204160A further discloses the second insulation film contains resin (resin [0015]).
Regarding 15, JP2012204160A discloses all of the claim limitations as set forth above. JP2012204160A further discloses in plan view, a length of the electrode contact portion from the side surface is longer than a length of the second main surface covering portion from the side surface (Fig. 5 shows a length of portion from the side surface is longer than a length of the positive electrode covering portion).
Regarding 16, JP2012204160A discloses all of the claim limitations as set forth above. JP2012204160A further discloses the first insulation film covers an end portion of the electrode terminal (see Fig. 2-3,5 showing insulating material 6 covering an end portion of terminal 5P).
Regarding 18, JP2012204160A discloses all of the claim limitations as set forth above. JP2012204160A further discloses the first insulation film contains resin (resin [0033]).
Regarding 20, JP2012204160A discloses all of the claim limitations as set forth above. JP2012204160A further discloses the solid electrolyte layer includes solid electrolyte having lithium-ion conductivity (positive electrode active material and negative electrode active material include lithium intercalating materials [0021]-[0022], solid electrolyte includes lithium [0026]).
Regarding claim 11, JP2012204160A discloses a battery ([0001], Fig. 1-5), comprising:
a power generation element including at least one battery cell including an electrode layer, a counter electrode layer, and a solid electrolyte layer positioned between the electrode layer and the counter electrode layer (negative electrode 1, solid electrolyte layer 3 and positive electrode 2 [0012]);
a first insulation film (insulating material 6 [0014]);
a second insulation film (insulating protective film 11 [0015], [0036], Fig. 5); and
an electrode terminal electrically connected to the electrode layer (positive electrode terminal 5P [0013]), wherein
the power generation element includes an electrode main surface that is a main surface formed of a surface of the electrode layer, a counter electrode main surface that faces the electrode main surface and is a main surface formed of a surface of the counter electrode layer, and a side surface that connects the electrode main surface and the counter electrode main surface (Fig. 1-3,5 show the battery having an externally facing positive electrode main surface, an externally facing negative electrode main surface and a side surface),
the first insulation film includes a first side surface covering portion that covers the side surface and a first main surface covering portion that is connected with the first side surface covering portion and covers the counter electrode main surface (insulating material 6 [0014], see Fig. 1-3,5 showing insulating material 6 covering the side surface and negative electrode main surface),
the second insulation film covers the counter electrode main surface (insulating protective film 11 [0015], [0036], Fig. 5),
an opening that exposes a part of the counter electrode main surface is formed in the second insulation film (laminated power generation element 9 side is covered with a protective film 11 [0036] such that the front or back of the element 9 is exposed, see Fig. 1,5),
the electrode terminal includes a second side surface covering portion that covers the first side surface covering portion, and an electrode contact portion that is connected with the second side surface covering portion and is joined to the electrode main surface (positive electrode terminal 5P along with positive electrode current collector 8 [0012]-[0015], Fig. 1-3,5), and
the electrode terminal further includes a second main surface covering portion that is connected with the second side surface covering portion and covers the first main surface covering portion (positive electrode terminal 5P along with positive electrode current collector 8 [0012]-[0015], Fig. 1-3,5 show 5P and 8 connected to side surface of insulating material 6 and positive electrode).
Regarding 12, JP2012204160A discloses all of the claim limitations as set forth above. JP2012204160A further discloses a substrate that is arranged to face the counter electrode main surface (insulating substrate 4 [0012]-[0018], Fig. 1-3,5), wherein the second insulation film is positioned between the substrate and the counter electrode layer (see Fig. 2-3,5), and the substrate includes an electrode connection portion that is joined with the electrode terminal and is electrically connected with the electrode layer (insulating substrate 4 is provided with a pair of through holes, the conductive portions on both sides of the insulating substrate 4 formed around the through holes are connected via the respective through holes, and the positive terminal 5P and The negative terminal 5N is used [0017]) and a counter electrode connection portion that is joined with a portion in the counter electrode main surface exposed by the opening and is electrically connected with the counter electrode layer (insulating substrate 4 is provided with a pair of through holes, the conductive portions on both sides of the insulating substrate 4 formed around the through holes are connected via the respective through holes, and the positive terminal 5P and The negative terminal 5N is used [0017]).
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.
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2012204160A, refer to English machine translation, as applied to claims 1-3, 8-16, 18, 20 above, in view of Sato et al. (US 2010/0151329A1).
Regarding claim 4, JP2012204160A discloses all of the claim limitations as set forth above. Although JP2012204160A further discloses the terminal is made of gold or copper ([0017]), the reference does not disclose at least one of the electrode terminal or the counter electrode terminal includes conductive resin.
Sato discloses a battery, wherein materials usable for a terminal include metal foil made of copper or the like, and a thin film made of conductive resin (Title, Abstract, [0028]).
Since Sato recognizes the equivalency of metal foil made of copper or the like, and a thin film made of conductive resin in the field of electrode terminal materials, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the metal terminal of JP2012204160A with a conductive resin of Sato as it is merely the selection of functionally equivalent electrode terminal materials recognized in the art and one of ordinary skill in the art would have a reasonable expectation of success in doing so.
Claim(s) 5-7, 19, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2012204160A, refer to English machine translation, as applied to claims 1-3, 8-16, 18, 20 above, in view of JP2019029642A, refer to English machine translation.
Regarding claim 5, JP2012204160A discloses all of the claim limitations as set forth above. However, JP2012204160A does not disclose an electrode solder layer that covers the electrode terminal and contains solder as a main component; and a counter electrode solder layer that covers the counter electrode terminal and contains solder as a main component.
JP2019029642A discloses an electrochemical cell module, wherein the terminal portion is formed using metals having food solder wettability ([0025], [0032], [0077]-[0086]). JP2019029642A further discloses improving electrical characteristics, corrosion resistance of the electrochemical cell module ([0009]).
JP2012204160A and JP2019029642A are analogous art because they are concerned with the same field of endeavor, namely battery terminals.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify JP2012204160A by including a solder layer containing solder as a main component because JP2019029642A teaches improved cell electrical characteristics and stability.
Regarding claim 6, JP2012204160A discloses all of the claim limitations as set forth above. JP2019029642A further discloses each of the electrode solder layer and the counter electrode solder layer is formed of a solder plating film ([0025], [0032], [0077]-[0086]).
Regarding claim 7, JP2012204160A discloses all of the claim limitations as set forth above. JP2019029642A further discloses the solder plating film includes a nickel plating foundation film and a tin plating film formed on the nickel plating foundation film (tin nickel alloy [0079]).
Regarding claim 19, JP2012204160A discloses all of the claim limitations as set forth above. However, JP2012204160A does not disclose the at least one battery cell includes a plurality of battery cells, and the plurality of battery cells are electrically connected in series and laminated.
JP2019029642A discloses an electrochemical cell module comprising a plurality of single cells electrically connected in series ([0029], two-serial lithium ion batteries [0033]).
An obviousness determination is not the result of a rigid formula disassociated from the consideration of the facts of a case. Indeed, the common sense of those skilled in the art demonstrates why some combinations would have been obvious where others would not. Leapfrog Enterprises Inc. v. Fisher-Price Inc., 82 USPQ2d 1687 (Fed. Cir. 2007); see also KSR v. Teleflex, 82 USPQ2d 1385, 127 S. Ct. 1727 (2007).
The claim would have been obvious because a particular known technique was recognized as part of the ordinary capabilities of one skilled in the art.
The claim would have been obvious because “a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If the leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense.”
It has been held that choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success is generally within the skill of the art.
Regarding claim 21, JP2012204160A discloses all of the claim limitations as set forth above. JP2012204160A further discloses a laminated battery ([0012]-[0013], Fig. 1-5, comprising: one first battery ([0012]-[0013], Fig. 1-5); wherein the one first battery is the battery according to claim 1 (see rejection of claim 1 above).
However, JP2012204160A does not further disclose one or more second batteries laminated on the one first battery, and the one or more second batteries are laminated on the electrode main surface of the one first battery.
JP2019029642A discloses an electrochemical cell module comprising a plurality of single cells electrically connected in series ([0029], two-serial lithium ion batteries [0033]).
An obviousness determination is not the result of a rigid formula disassociated from the consideration of the facts of a case. Indeed, the common sense of those skilled in the art demonstrates why some combinations would have been obvious where others would not. Leapfrog Enterprises Inc. v. Fisher-Price Inc., 82 USPQ2d 1687 (Fed. Cir. 2007); see also KSR v. Teleflex, 82 USPQ2d 1385, 127 S. Ct. 1727 (2007).
The claim would have been obvious because a particular known technique was recognized as part of the ordinary capabilities of one skilled in the art.
The claim would have been obvious because “a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If the leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense.”
It has been held that choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success is generally within the skill of the art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES LEE whose telephone number is (571)270-7937. The examiner can normally be reached M-F: 9AM - 5PM.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NICOLE BUIE-HATCHER can be reached at (571)270-3879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/James Lee/Primary Examiner, Art Unit 1725 2/20/2026