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 .
DETAILED ACTION
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/16/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
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 of carrying out his invention.
Claim 2 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.
Paragraph [0057] of the Specification recites “the frame is adhered to either major surface of the electrochemical stack.” Paragraph [0058] of the Specification recites “the frame is adhered to either major surface of the electrochemical stack with a pressure sensitive adhesive.” Support for the limitation “an adhesive bonding layer that adheres a face of the flat plate to a face of the cathode current collector or to a face of the anode current collector” is not found in the original disclosure.
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 2 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.
Regarding claim 2, the phrase “wherein the laminated pouch is in contact with two major surfaces” is unclear as to how it should be interpreted since claim 1 recites “wherein the laminated pouch is in contact with the flat plate and one of the major surfaces of the electrochemical stack”. It is unclear as to how the laminated pouch can be in contact with the flat plate and two major surfaces at the same time (see applicant’s drawing Fig. 7A, which indicates that when laminated pouch is applied, the flat plate would separate a major surface of the electrochemical stack and laminated pouch). Therefore, the phrase renders the claim indefinite.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 2, 4, 8, 10, 12-13, 16-20 and 37-40 are rejected under 35 U.S.C. 103 as being unpatentable over Kanai et al. (“Kanai”, US 20080171259 A1, disclosed in IDS) in view of Hiratsuka et al. (“Hiratsuka”, US 20040115527 A1, disclosed in IDS) and Birkholz et al. (“Birkholz”, US 20210175562 A1).
Regarding claim 1, Kanai teaches an electrochemical stack assembly (Kanai, Fig. 2, Abstract, [0047]) comprising:
one or more electrochemical cells, each electrochemical cell comprising an electrolyte to form an electrochemical stack with two major surfaces and four minor surfaces (Kanai, Figs. 2-3, [0046], [0047], e.g., electric power generating element 2 is provided with a cathode, an anode, and an electrolyte; (as shown in Figs. 2-3, electrochemical stack (electric power generating element 2) with two major surfaces and four minor surfaces));
a frame surrounding the electrochemical stack with space between the frame and each of the four minor surfaces (Kanai, Figs. 2-3, [0045], [0051], e.g., frame member 10 that is arranged to surround the periphery of electric power generating element 2; frame portion 10a is configured so that electric power generating element 2 can be arranged in space 10d surrounded by four sides, i.e., short side portions 10b and long side portions 10c; (as shown in Figs. 3a-3b, a frame (frame member 10) surrounding the at least one electrochemical stack with space between the frame and each of the four minor surfaces)); and
a laminated pouch surrounding the frame and the electrochemical stack, wherein the laminated pouch is in contact with one of the major surfaces of the electrochemical stack (Kanai, Abstract, Figs. 1-3, [0060], [0061], e.g., a laminate film (7) (which is being interpreted as a laminated pouch) so arranged as to surround the electric power generating element (2); electric power generating element 2 and frame portion 10 that holds electric power generating element 2 are stored and put in cup portions 7a of two laminate films 7; cup portion 7b is used to store electric power generating element 2 and frame portion 10 is previously formed in each laminate film 7; three sides among heat-sealed portions 7a of laminate film 7 are heat-sealed; after three sides are heat-sealed, vacuuming is performed; after vacuuming, one remaining side is heat-sealed, thereby electric power generating element 2 is sealed; cup portion 7b of laminate film 7 is approximately deformed by close to first portion 10f and second portion 10g of frame member 10 and main surface 2a of electric power generating element 2; (as shown in Figs. 1-3, a laminated pouch (laminate film 7) surrounding the frame (frame 10) and the electrochemical stack (electric power generating element 2), wherein the laminated pouch (laminate film 7) is in contact with one of the major surfaces of the electrochemical stack (electric power generating element 2))).
Kanai does not explicitly teach that the electrolyte is a solid-state electrolyte; a flat plate, comprising a thermally conductive material, attached to or integral with the frame; and the laminated pouch surrounding the flat plate, wherein the laminated pouch is in contact with the flat plate.
However, a solid-state electrolyte is well-known in the same field of battery.
In the same field of endeavor, Hiratsuka teaches a battery pack including a battery device having a cathode, an anode and a polymer electrolyte, with a terminal being taken out from each of the cathode and the anode (Hiratsuka, Title, [0008]); and as measures for combating the problem of liquid leakage, presented in case of employing a liquid type electrolyte, a so-called polymer lithium ion secondary battery employing an all-solid electrolyte, as an electrolyte, has been proposed (Hiratsuka, [0004]). Hiratsuka also teaches a flat plate, comprising a thermally conductive material, attached to or integral with the frame; and the laminated pouch surrounding the flat plate, wherein the laminated pouch is in contact with the flat plate (Hiratsuka, Figs. 5-6 and 10-12, [0080]-[0083], [0087]-[0088], e.g., the first packaging member 6 is substantially rectangular in shape and is formed with a housing recess 61 in which to accommodate the battery device 2 (first packaging member 6 or housing recess 61 is being interpreted as a flat plate); the rim of the housing recess 61 is a connecting piece 62; the first packaging member 6 is of a layered structure, comprised of an aluminum layer 65 (which is a thermally conductive material); the second packaging member 7 (which is being interpreted as laminated pouch) at least includes a substantially rectangular first area 71 and a substantially rectangular second area 72; the first area 71 proves an area covering up the first surface, exposed to outside, of the battery device 2, accommodated in the housing recess 61 of the first packaging member 6, while the second area 72 proves an area covering up the second surface of the battery device 2 in cooperation with the first packaging member 6; second packaging member 7 is an aluminum thin sheet on the inner facing side of which is formed a polypropylene layer; there is no limitation to the structure of the second packaging member 7 because a large variety of materials and laminated films having laminated structures may be used; the second packaging member 7 is placed with an offset, such that an outer edge of the second packaging member 7 is inwardly offset from an outer edge of the connecting piece 62 of the first packaging member 6; the first packaging member 6 then is bonded to the first area 71 of the second packaging member 7; (as shown in Figs. 5-6 and 10-12, a flat plate (first packaging member 6 or housing recess 61) attached to or integral with the frame; and the laminated pouch (second packaging member 7) surrounding the flat plate, wherein the laminated pouch is in contact with the flat plate)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a solid-state electrolyte, for the purpose of preventing liquid leakage (Hiratsuka, [0004]), and to have a flat plate, comprising a thermally conductive material, attached to or integral with the frame; and the laminated pouch surrounding the flat plate, wherein the laminated pouch is in contact with the flat plate, for the purpose of hermetically sealing the battery device (Hiratsuka, [0053]) and/or improving the production efficiency (Hiratsuka, [0074]) and/or improving reliability.
Choosing from a finite number of identified (solid-state electrolyte), predictable solutions, with a reasonable expectation for success, is likely to be obvious to a person if ordinary skill in the art (see MPEP § 2143, E.).
Kanai view of Hiratsuka does not teach wherein the flat plate is a single layer of metal selected from aluminum, anodized aluminum, magnesium, an alloy of aluminum, or an alloy of magnesium.
However, in the same field of endeavor, Birkholz teaches a cell assembly comprising a lithium-ion pouch cell 10 secured to the thermal plate 24 (the central portion of the thermal plate 24 is being interpreted as a flat plate) using an adhesive 40 (Birkholz, Title, Figs. 1-2, [0055]); and thermal plate 24 can be made of a thermally conductive material, in particular, the thermal plate 24 can be made of aluminum and the surface facing the pouch cell 10 can be coated with aluminum oxide (which is being interpreted as anodized aluminum), which is electrically insulative (Birkholz, Title, Figs. 1-2, [0056]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the flat plate is a single layer of anodized aluminum metal, for the purpose of providing thermal conductivity and electrical insulation (Birkholz, [0056]).
Regarding claim 2, Kanai in view of Hiratsuka and Birkholz teaches the electrochemical stack assembly of claim 1 as disclosed above.
Kanai teaches wherein each electrochemical cell comprises a cathode current collector and an anode current collector (Kanai, Fig. 2, [0047], e.g., electric power generating element 2 in a general lithium ion secondary battery is formed by opposing a cathode plate in which an active material, like a lithium and manganese compound oxide and lithium cobalt oxide, is applied to both sides of an aluminum foil (which is being interpreted as cathode current collector) or the like, and an anode plate in which a carbon material doped with lithium or dedoped is applied to both sides of a copper foil (which is being interpreted as anode current collector) or the like, with a separator and impregnating it with the electrolytic solution including lithium salt).
Kanai does not teach an adhesive bonding layer that adheres a face of the flat plate to a face of the cathode current collector or to a face of the anode current collector, wherein the laminated pouch is in contact with two major surfaces.
However, in the same field of endeavor, Hiratsuka teaches a flat plate facing a face of the cathode current collector or to a face of the anode current collector, and a laminated pouch is in contact with a major surface of the flat plate and a major surface of the electrochemical stack (Hiratsuka, Figs. 5-6 and 10-12, [0043]-[0044], [0080]-[0083], [0087]-[0088], e.g., with the battery device 2, a band-shaped cathode and a band-shaped anode are stacked together, with a polymer electrolyte layer and/or a separator in-between, and are coiled along the longitudinal direction; the cathode includes a layer of a cathode active material formed on a band-shaped cathode current collector; the anode includes a layer of an anode active material formed on a band-shaped anode current collector; the first packaging member 6 is substantially rectangular in shape and is formed with a housing recess 61 in which to accommodate the battery device 2 (first packaging member 6 or housing recess 61 is being interpreted as a flat plate); the rim of the housing recess 61 is a connecting piece 62; the second packaging member 7 (which is being interpreted as laminated pouch) at least includes a substantially rectangular first area 71 and a substantially rectangular second area 72; the first area 71 proves an area covering up the first surface, exposed to outside, of the battery device 2, accommodated in the housing recess 61 of the first packaging member 6, while the second area 72 proves an area covering up the second surface of the battery device 2 in cooperation with the first packaging member 6; there is no limitation to the structure of the second packaging member 7 because a large variety of materials and laminated films having laminated structures may be used; the second packaging member 7 is placed with an offset, such that an outer edge of the second packaging member 7 is inwardly offset from an outer edge of the connecting piece 62 of the first packaging member 6; the first packaging member 6 then is bonded to the first area 71 of the second packaging member 7; (as shown in Figs. 5-6 and 10-12, a flat plate (first packaging member 6 or housing recess 61) comprising two major surfaces, and a laminated pouch (second packaging member 7) is in contact with one of the two major surfaces).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a flat plate facing a face of the cathode current collector or to a face of the anode current collector, and a laminated pouch is in contact with a major surface of the flat plate and a major surface of the electrochemical stack, for the purpose of hermetically sealing the battery device (Hiratsuka, [0053]) and/or improving the production efficiency (Hiratsuka, [0074]) and/or improving reliability.
Kanai view of Hiratsuka does not teach an adhesive bonding layer that adheres a face of the flat plate to a face of the cathode current collector or to a face of the anode current collector.
However, in the same field of endeavor, Birkholz teaches a cell assembly comprising a lithium-ion pouch cell 10 secured to the thermal plate 24 (the central portion of the thermal plate 24 is being interpreted as a flat plate) using an adhesive 40 (Birkholz, Title, Figs. 1-2, [0055]). Birkholz teaches inside the pouch cell 10, a positive cell terminal 12i may be electrically coupled to one or more cathode layers while the negative cell terminal 12ii may be electrically coupled to one or more anode layers; the coupled layers may be made from an aluminum plate (which is being interpreted as cathode current collector) that are coated with a cathode active material; the anode layers may be made from copper plates (which is being interpreted as anode current collector) that are coated with an anode active material (Birkholz, Fig. 1, [0059]). Birkholz teaches the at least one cathode layer and the at least one anode layer are configured to form an electrochemical stack which may be implemented as a “jelly roll”, wherein the positive cell terminal 12i and the at least one cathode layer may be formed from a single continuous strip of aluminum foil and the negative cell terminal 12ii and the at least one anode layer may be formed from a single, continuous strip of copper foil; the aluminum foil strip and the copper foil strip may be stacked, along with a number of electrically insulating layers and wound to provide the electrochemical stack; in more detail, the aluminum foil strip and the copper foil strip may be stacked along with a number of electrically insulating layers and wound about a mandrel to provide the electrochemical stack (Birkholz, Fig. 1, [0060]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have an adhesive bonding layer that adheres a face of the flat plate to a face of the cathode current collector or to a face of the anode current collector, for the purpose of providing a secured structure (Birkholz, [0055]).
Regarding claim 4, Kanai in view of Hiratsuka and Birkholz teaches the electrochemical stack assembly of claim 1 as disclosed above. Kanai does not teach wherein the frame comprises a frame portion and a second frame portion, and the flat plate attached to both the frame portion and the second frame portion, and to which one of the two major surfaces of the at least one electrochemical stack is attached.
However, in the same field of endeavor, Hiratsuka teaches wherein the frame comprises a frame portion and a second frame portion, and the flat plate attached to both the frame portion and the second frame portion, and to which one of the two major surfaces of the at least one electrochemical stack is attached (Hiratsuka, Figs. 5-6 and 10-17, [0061], [0080]-[0083], [0087]-[0088], [0095], [0098], [0100], e.g., frame 4 is a frame-shaped member of a size conforming to the outer shape of the battery device 2, and is made up by a front wall section 4a, mounted towards a terminal of the battery device 2, a rear wall section 4b, mounted on the side opposite to the terminal of the battery device 2, and a sidewall section 4c, mounted on the lateral surface side of the battery device 2; with the frame 4, mounted on the perimeter of the battery device 2; the first packaging member 6 is substantially rectangular in shape and is formed with a housing recess 61 in which to accommodate the battery device 2 (first packaging member 6 or housing recess 61 is being interpreted as a flat plate); the rim of the housing recess 61 is a connecting piece 62; the first packaging member 6 is of a layered structure, comprised of an aluminum layer 65 (which is a thermally conductive material); the second packaging member 7 (which is being interpreted as laminated pouch) at least includes a substantially rectangular first area 71 and a substantially rectangular second area 72; the first area 71 proves an area covering up the first surface, exposed to outside, of the battery device 2, accommodated in the housing recess 61 of the first packaging member 6, while the second area 72 proves an area covering up the second surface of the battery device 2 in cooperation with the first packaging member 6; second packaging member 7 is an aluminum thin sheet on the inner facing side of which is formed a polypropylene layer; there is no limitation to the structure of the second packaging member 7 because a large variety of materials and laminated films having laminated structures may be used; the second packaging member 7 is placed with an offset, such that an outer edge of the second packaging member 7 is inwardly offset from an outer edge of the connecting piece 62 of the first packaging member 6; the first packaging member 6 then is bonded to the first area 71 of the second packaging member 7; the bonding piece 62 of the first packaging member 6 is folded back, as indicated by an arrow I in FIG. 15, so as to be mounted along the frame 4 placed around the battery device 2; the connecting piece 62, placed along the frame 4, is protruded from the first area of the second packaging member 7, placed along the frame 4, as indicated by arrow J, as shown in FIGS. 16 and 17; at the rear end of the frame 4, as on the lateral surface side, the protruded surface of the connecting piece 62 and the inwardly facing surface of the second area 72, which has covered up the first packaging member 6, are made to face each other and bonded together; (as shown in Figs. 5-6 and 10-17, the frame (frame 4) comprises a frame portion (bonding piece 62) and a second frame portion (another portion of bonding piece 62), and the flat plate (first packaging member 6 or housing recess 61) attached to both the frame portion and the second frame portion, and to which one of the two major surfaces of the at least one electrochemical stack (battery device 2) is attached).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a solid-state electrolyte, for the purpose of preventing liquid leakage (Hiratsuka, [0004]), and to have a flat plate, comprising a thermally conductive material, attached to or integral with the frame; and the laminated pouch surrounding the flat plate, wherein the laminated pouch is in contact with the flat plate, for the purpose of protecting against the impact (Hiratsuka, [0061]) and/or hermetically sealing the battery device (Hiratsuka, [0053]) and/or improving the production efficiency (Hiratsuka, [0074]) and/or improving reliability (Hiratsuka, [0103]).
Regarding claim 8, Kanai in view of Hiratsuka and Birkholz teaches the electrochemical stack assembly of claim 1 as disclosed above. Kanai does not teach wherein the frame comprises material selected from the group consisting of metal, plastic, plastic with thermal additives, thermoplastics, metal-plastic composites, aluminum, anodized aluminum, and combinations thereof.
However, in the same field of endeavor, Hiratsuka teaches wherein the frame comprises plastic/thermoplastic (Hiratsuka, [0080], e.g., the first packaging member 6 is of a layered structure, comprised of a polypropylene (PP) (plastic/thermoplastic) layer 64).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the frame comprises polypropylene (plastic/thermoplastic), for the purpose of withstanding twisting motions of up to 360 degrees without snapping and is very hard to snap and/or low cost and straightforward to produce and readily available in multiple countries and communities and/or improving reliability.
Regarding claim 10, Kanai in view of Hiratsuka and Birkholz teaches the electrochemical stack assembly of claim 1 as disclosed above. Kanai in view of Hiratsuka and Birkholz teaches wherein the space between the frame and the four minor surfaces of the electrochemical stack as disclosed in claim 1 above. Since Kanai in view of Hiratsuka and Birkholz teaches all of the positively recited structure of the electrochemical stack assembly of claim 1 as disclosed above, the claimed properties or functions of preventing force application by the laminated pouch to the four minor surfaces of the electrochemical stack during charge and discharge cycles of the electrochemical stack without deforming, cracking, or otherwise damaging the solid-state electrolyte in each of the one or more electrochemical cells are presume to be inherent, the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2112).
Regarding claim 12, Kanai in view of Hiratsuka and Birkholz teaches the electrochemical stack assembly of claim 1 as disclosed above. Kanai in view of Hiratsuka and Birkholz teaches wherein the space between the frame and the four minor surfaces of the electrochemical stack as disclosed in claim 1 above. Since Kanai in view of Hiratsuka and Birkholz teaches all of the positively recited structure of the electrochemical stack assembly of claim 1 as disclosed above, the claimed properties or functions of providing space for the electrochemical stack to expand or contract during charge or discharge without deforming, cracking, or otherwise damaging the solid-state electrolyte in each of the one or more electrochemical cells are presume to be inherent, the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2112).
Regarding claim 13, Kanai in view of Hiratsuka and Birkholz teaches the electrochemical stack assembly of claim 1 as disclosed above. Since Kanai in view of Hiratsuka and Birkholz teaches all of the positively recited structure of the electrochemical stack assembly of claim 1 as disclosed above, the claimed properties or functions of wherein the laminated pouch provides about 20% of expansion and contraction in a direction normal to at least one of the two major surfaces of the electrochemical stack are presume to be inherent, the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2112).
Regarding claim 16, Kanai teaches wherein the laminated pouch comprises a pair of laminate forms with facing surfaces forming a seam, the facing surfaces being bonded with a seal at the seam (Kanai, Figs. 1-3, [0045], e.g., sealed by four sides of heat-sealed portion 7a (which is being interpreted as seam) of laminate film 7).
Regarding claim 17, Kanai teaches wherein the laminated pouch has a formed shape with two major surfaces, wherein a ratio of the surface area of each of the two major surfaces of the formed shape on the laminated pouch to the surface area of each of the two major surfaces of the electrochemical stack is greater than 1 (Kanai, Figs. 1-3, [0045], e.g., (as shown in figs. 1-3, a ratio of the surface area of each of the two major surfaces of the formed shape on the laminated pouch (laminate film 7) to the surface area of each of the two major surfaces of the electrochemical stack (electric generating element 2) is greater than 1)).
Regarding claim 18, Kanai teaches wherein a thickness of the formed shape of the laminated pouch is about 20% of the thickness of the electrochemical stack (Kanai, Fig. 3a (see annotated Fig. 3a below), [0045], e.g., (as shown in Fig. 3a (see annotated Fig. 3a below), a height/thickness of the formed shape of the laminated pouch (laminate film 7) is about 20% of the thickness of the electrochemical stack (electric generating element 2))).
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Regarding claim 19, Kanai teaches at least one positive electrode terminal and at least one negative electrode terminal, which extend through the frame and the laminated pouch (Kanai, Figs. 1-3, [0051], [0061], e.g., frame portion 10a is formed in a frame shape including short side portion 10b that corresponds to cathode electrode terminal 3 or anode electrode terminal 4, and long side portion 10 that corresponds to the longitudinal direction of electric power generating element 2; cathode electrode terminal 3 and anode electrode terminal 4 are extended from heat-sealed portions 7a).
Regarding claim 20, Kanai teaches wherein the at least one positive electrode terminal and at least one negative electrode terminal are flat (Kanai, Fig. 2, [0061], [0061], e.g., cathode electrode terminal 3 and anode electrode terminal 4; (as shown in Fig. 2, the at least one positive electrode terminal (cathode electrode terminal 3) and at least one negative electrode terminal (anode electrode terminal 4) are flat)).
Regarding claim 37, Kanai in view of Hiratsuka and Birkholz teaches the electrochemical stack assembly comprising the laminated pouch as disclosed in claim 1 above. A laminated pouch for battery having at least three layers is well-known in the art of battery. Kanai teaches that in order to reduce battery weight, a film covered battery has been developed using a laminate material formed Into a thin film by laminating a metal layer, like aluminum, and a thermal-melt resin layer through an adhesive layer on the covering body; and the laminate material generally has a structure, in which both surfaces of the thin metal layer, like aluminum, are covered with thin resin layers, and is resistant to acid and alkali and is lightweight and flexible (Kanai, [0002]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the laminated pouch having at least three layers, for the purpose of providing resistance to acid and alkali and/or lightweight and flexible (Kanai, [0002]).
Regarding claim 38, Kanai in view of Hiratsuka and Birkholz teaches the electrochemical stack assembly comprising the laminated pouch as disclosed in claim 1 above. Kanai teaches wherein the laminated pouch comprises aluminum (Kanai, [0045], e.g., laminate film 7 (which is being interpreted as a laminated pouch as disclosed in claim 1 above) formed by laminating a metal film, like aluminum).
Regarding claim 39, Kanai in view of Hiratsuka and Birkholz teaches the electrochemical stack assembly of claim 1 as disclosed above. Kanai also teaches wherein the flat plate is a single layer of anodized aluminum metal as disclosed in claim 1 above. The electrochemical stack assembly does not require the flat plate to be an aluminum alloy/ aluminum-copper alloy.
Regarding claim 40, Kanai in view of Hiratsuka and Birkholz teaches the electrochemical stack assembly of claim 1 as disclosed above. Kanai also teaches wherein the flat plate is a single layer of anodized aluminum metal as disclosed in claim 1 above. The electrochemical stack assembly does not require the flat plate to be a magnesium alloy/ magnesium-copper alloy.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2, 8, 10, 12-13 and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12, 14-16 and 19 of U.S. Patent No. 11831027. Although the claims at issue are not identical, they are not patentably distinct from each other because the subject matter of claims 1-2, 8, 10, 12-13 and 16 of the present application are fully anticipated by claims 1-12, 14-16 and 19 of U.S. Patent No. 11831027.
Response to Arguments
Applicant's arguments filed 07/16/2025 have been fully considered but they are not persuasive.
Applicant argues that “[A]s taught in paragraph [0223] of the instant application as published in US2023/0361390A1, the claimed flat plate is able to conduct heat away from the interior of the electrochemical cell: the center plate 1245 can wick heat away from the middle of the laminate over frame assembly, carrying the heat from an interior of each cell to the frame 1240. This problem was not known in Hiratsuka nor Birkholz. There was thus no reason to modify these disclosures to address this problem. Furthermore, there was no reasonable expectation that modifying the cited references would address this problem. To have a reasonable expectation that a problem would be addressed, the problem itself must at least be known, which is lacking in the instant case.” (Remarks, Page 7). “[t]he need to draw heat from the interior of an electrochemical cell that has a solid-state electrolyte was not recognized in the prior art.” (Remarks, Page 10).
Applicant’s argument is not persuasive.
Applicant’s argument is not commensurate with the scope of the claim. Prior does not have to solve same problem as the instant application.
Applicant argues that “Paragraph 10 of the Office Action concedes that Kanai does not disclose that the electrolyte is a solid-state electrolyte. The Office Action also concedes that Kanai does not disclose a flat plate comprising a thermally conductive material, attached to or integral with the frame; and the laminated pouch surrounding the flat plate, wherein the laminated pouch is in contact with the flat plate. Paragraph 11 alleges that a solid-state electrolyte is well-known in the same field of battery. However, no reference is cited to support this position. Paragraph 12 of the Office Action alleges that Hiratsuka discloses a flat plate in FIGs. 5-6 and 10-12 and paragraphs [0080]-[0083], [0087]-[0088], for example, the flat packaging member 6 or housing recess 61 is interpreted as a flat plate. The same paragraph on page 6 of the Office Action importantly acknowledges that first packaging member 6 is a layered structure, comprised of an aluminum layer 65. This point was also conceded during the Examiner Interview of July 8, 2025 - that feature 6 is a multilayer. Paragraph 13 alleges it would have been obvious to have a solid-state electrolyte, for the purpose of preventing liquid leakage (Hiratsuka, [0004]), and to have a flat plate, comprising a thermally conductive material, attached to or integral with the frame; and the laminated pouch surrounding the flat plate, wherein the laminated pouch is in contact with the flat plate, for the purpose of hermetically sealing the battery device (Hiratsuka, [0053]) and/or improving the production efficiency (Hiratsuka, [0074]) and/or improving reliability. Applicant respectfully disagrees. The flat plate in claim 1 is surrounded by the laminated pouch. The flat plate has nothing to do with the seal on the laminated pouch. The flat plate does not interface with the seal of otherwise affect the laminated pouch seal. The flat plate therefore does not prevent liquid leakage. The Office Action has not provided any reference to support the allegation that adding a flat plate would improve production efficiency. Adding a component not present would add a processing step. Adding a processing step does not increase efficiency. Reducing a processing step might, but that is not what the claimed invention does or is directed to. The Office Action's reasons for combining Kanai with Hiratsuka and Berkholz to add a flat plate are not supported by references or scientific theory. Critically, paragraph 14 states that it is obvious to allegedly choose from a finite number of identified (solid-state electrolyte), predictable solutions, with a reasonable expectation for success, citing MPEP § 2143, E.). This goes to the heart of Applicant's rebuttal in the instant case. There is no reasonable expectation of success in combining the features that the Office Action alleges would have been combined. There is no reason to expect that adding a flat plate would allow heat to be conducted from inside the electrochemical stack to the frame. The electrochemical cells in Hiratsuka and Birkholz use liquid electrolytes, even in the polymer electrolyte of Hiratsuka. The liquid electrolyte is conducting whatever heat may be present in those electrochemical cells. If anything, adding a plate would affect how those liquids conduct heat, for example, by preventing the liquid from flowing from one side of the plate to the other side. There is no reason to expect that this would assist in conducting heat from inside the electrochemical cell as the claimed invention does. The Office Action further concedes in paragraph 15 that Kanai in view of Hiratsuka does not teach wherein the flat plate is a single layer of metal selected from aluminum, anodized aluminum, magnesium, an alloy of aluminum, or an alloy of magnesium. However, in paragraph 16, the Office Action alleges that Birkholz teaches a cell assembly comprising a lithium-ion pouch cell 10 secured to a thermal plate 24, allegedly according to Figs. 1-2, and paragraph [0055]). However, as shown in these figures of Birkholz, the thermal plate 24 is outside the laminated pouch. A prior art reference must be considered "prior art for all that it teaches." See MPEP 2121.01. If Birkholz teaches a thermal plate outside of a laminated pouch, it is disingenuous to select just the thermal plate feature without also considering how that thermal plate is taught to be used. Birkholz in paragraph [0010] emphasizes that the thermal plate is designed to work outside of the laminated pouch: "the thermal management of the cell assembly can be ensured in a reliable way by means of a (rather) large contact surface between the lithium-ion pouch cell and the thermal plate." Emphasis added. To modify Hiratsuka by 1) substituting Hiratsuka's multilayer feature 6 with Birholz's thermal plate and 2) putting Birkholz's thermal plate inside the pouch cell is contrary to what Birkholz teaches. The Office Action says in paragraph 17 that it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the flat plate as a single layer of anodized aluminum metal, for the purpose of providing thermal conductivity and electrical insulation (Birkholz, [0056]). This is only true as to the outside of the lithium-ion pouch, as Birkholz teaches in the paragraph cited by the Office Action: "the thermal plate 24 can be made of aluminum and the surface facing the pouch cell 10 can be coated with aluminum oxide, which is electrically insulative." This teaches that the thermal plate should face the outside of pouch cell 10. The claimed invention is drawing heat from the interior of the solid-state electrochemical cell; not the outside of the pouch cell as in Birkholz.”
Applicant’s argument is not persuasive.
A solid-state electrolyte is well-known in the same field of battery. As taught by Hiratsuka, Hiratsuka teaches an all-solid electrolyte (Hiratsuka, [0004]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a solid-state electrolyte, for the purpose of preventing liquid leakage (Hiratsuka, [0004]). Choosing from a finite number of identified (solid-state electrolyte), predictable solutions, with a reasonable expectation for success, is likely to be obvious to a person if ordinary skill in the art (see MPEP § 2143, E.).
Hiratsuka teaches a flat plate, comprising a thermally conductive material, attached to or integral with the frame; and the laminated pouch surrounding the flat plate, wherein the laminated pouch is in contact with the flat plate (Hiratsuka, Figs. 5-6 and 10-12, [0080]-[0083], [0087]-[0088], e.g., the first packaging member 6 is substantially rectangular in shape and is formed with a housing recess 61 in which to accommodate the battery device 2 (first packaging member 6 or housing recess 61 is being interpreted as a flat plate); the rim of the housing recess 61 is a connecting piece 62; the first packaging member 6 is of a layered structure, comprised of an aluminum layer 65 (which is a thermally conductive material); the second packaging member 7 (which is being interpreted as laminated pouch) at least includes a substantially rectangular first area 71 and a substantially rectangular second area 72; the first area 71 proves an area covering up the first surface, exposed to outside, of the battery device 2, accommodated in the housing recess 61 of the first packaging member 6, while the second area 72 proves an area covering up the second surface of the battery device 2 in cooperation with the first packaging member 6; second packaging member 7 is an aluminum thin sheet on the inner facing side of which is formed a polypropylene layer; there is no limitation to the structure of the second packaging member 7 because a large variety of materials and laminated films having laminated structures may be used; the second packaging member 7 is placed with an offset, such that an outer edge of the second packaging member 7 is inwardly offset from an outer edge of the connecting piece 62 of the first packaging member 6; the first packaging member 6 then is bonded to the first area 71 of the second packaging member 7; (as shown in Figs. 5-6 and 10-12, a flat plate (first packaging member 6 or housing recess 61) attached to or integral with the frame; and the laminated pouch (second packaging member 7) surrounding the flat plate, wherein the laminated pouch is in contact with the flat plate)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a flat plate, comprising a thermally conductive material, attached to or integral with the frame; and the laminated pouch surrounding the flat plate, wherein the laminated pouch is in contact with the flat plate, for the purpose of hermetically sealing the battery device (Hiratsuka, [0053]) and/or improving the production efficiency (Hiratsuka, [0074]) and/or improving reliability.
Paragraph [0053] of Hiratsuka discloses “[I]n an embodiment, the present invention uses the laminate material for hermetically sealing the battery device 2 and also as an exterior material for the battery pack 1, whereby the plastics casing may be dispensed with to improve the volumetric efficiency.” This is being interpreted as when the laminated pouch surrounds/wraps/covers around and seal the electrochemical stack and the frame along with the flat plate, this formation provides a hermetical seal.
Paragraph [0074] of Hiratsuka discloses “[B]y employing the laminate material of the battery device 2 common as the packaging unit, the designing may be simplified, while the battery device and the battery pack may be produced in an integrated process to diminish processing costs. Additionally, the production time may be shorter to improve the production efficiency.” This is being interpreted as having a flat plate attached to or integral with the frame, the stacked cell placing to the frame and wrapped by the pouch as shown in Figs. 14-17 provides an integrated process that diminishes processing costs, in which the production time may be shorter, thereby improves the production efficiency.
Applicant has not provided argument with regards the motivation of “improving reliability”.
Hiratsuka teaches a frame with a flat plate is being used in side a laminated pouch as disclosed above.
Kanai view of Hiratsuka does not teach wherein the flat plate is a single layer of metal selected from aluminum, anodized aluminum, magnesium, an alloy of aluminum, or an alloy of magnesium.
However, in the same field of endeavor, Birkholz teaches a cell assembly comprising a lithium-ion pouch cell 10 secured to the thermal plate 24 (the central portion of the thermal plate 24 is being interpreted as a flat plate) using an adhesive 40 (Birkholz, Title, Figs. 1-2, [0055]); and thermal plate 24 can be made of a thermally conductive material, in particular, the thermal plate 24 can be made of aluminum and the surface facing the pouch cell 10 can be coated with aluminum oxide (which is being interpreted as anodized aluminum), which is electrically insulative (Birkholz, Title, Figs. 1-2, [0056]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the flat plate is a single layer of anodized aluminum metal, for the purpose of providing thermal conductivity and electrical insulation (Birkholz, [0056]).
Birkholz does not teach that a frame with a single layer flat plate cannot be used inside a laminated pouch / a laminated pouch cannot enclose a frame with a single layer flat plate.
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.
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/HAIXIA ZHANG/Primary Examiner, Art Unit 1723