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 § 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) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Honda et al. WO2020183795 (See English US 2021/0391617)
With respect to claim 1, Honda et al. discloses a battery 1300 comprising:
a power generation element that includes a plurality of unit cells 2200 each including a positive electrode layer 120/220, a negative electrode layer 110/210, and a solid electrolyte layer 130 located between the positive electrode layer 120/220 and the negative electrode layer 110/210, [0102-01113; Figure 4B] wherein
the plurality of unit cells 2200 are electrically connected in parallel [0103] and are stacked in a direction normal to a main surface of the power generation element [Figure 4B],
the power generation element includes a first side surface and a second side surface [Figure 4B],
in the first side surface, each of the positive electrode layers 120/220 in the plurality of unit cells 2200 protrudes more than each of the negative electrode layers 110/210 in the plurality of unit cells 2200 such that first depressions and first projections arranged alternately in the direction normal to the main surface are provided, [Figure 4B]
in the second side surface, each of the negative electrode layers 110/210 in the plurality of unit cells 2200 protrudes more than each of the positive electrode layers 120/220 in the plurality of unit cells 2200 such that second depressions and second projections arranged alternately in the direction normal to the main surface are provided, [Figure 4B]
each of the first depressions includes a first inclination surface that is inclined relative to the direction normal to the main surface and is an end surface of the negative electrode layer 110/210, [Figure 4B]
each of the second depressions includes a second inclination surface that is inclined relative to the direction normal to the main surface and is an end surface of the positive electrode layer 120/220, [Figure 4B]
the battery further comprises:
a first conductive member 500 that is in contact with the first projections; and
a second conductive member 500 that is in contact with the second projections, (Current collecting leads 500 are connected to the respective exposed surfaces 300 of the negative electrode current collectors 210 or the positive electrode current collector of the battery cells 2200 by utilizing the laminating spaces 400) [0098-0108]
modification 3 of Embodiment 1 in Figure 4B does not specifically disclose one or a plurality of first insulating members that are arranged in the first depressions; one or a plurality of second insulating members that are arranged in the second depressions; [Figure 4B]
However, Figure 5, Figure 7 and Figure 8 (Embodiment 2) shows modification 3 of Embodiment 1 may further include a sealing member 700 [0111]
Therefore Honda et al. discloses one or a plurality of first insulating members 700 that are arranged in the first depressions; one or a plurality of second insulating members 700 that are arranged in the second depressions; [Figure 8]
wherein each of the positive electrode layers 120/220 in the plurality of unit cells are electrically connected via the first conductive member 500, and
each of the negative electrode layers 110/210 in the plurality of unit cells are electrically connected via the second conductive member 500. [Figure 1B]
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified Embodiment 1 of Honda et al. to include the insulating members of Embodiment 2 of Honda et al. in order to allow for sufficient spacing and increased safety.
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With respect to claim 2, Honda et al. discloses wherein the first conductive member 500 covers the one or the plurality of first insulating members 700, and the second conductive member 500 covers the one or the plurality of second insulating members 700. [Figures 5-8]
With respect to claim 3, Honda et al. discloses wherein each of the first projections includes a third inclination surface that is inclined relative to the direction normal to the main surface and is at least a part of an end surface of the positive electrode layer, and each of the second projections includes a fourth inclination surface that is inclined relative to the direction normal to the main surface and is at least a part of an end surface of the negative electrode layer. [Figure 4B]
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With respect to claim 4, Honda et al. discloses wherein the first inclination surface, the third inclination surface, and a part of an end surface of the solid electrolyte layer 130 are flush with each other, and the second inclination surface, the fourth inclination surface, and a part of an end surface of the solid electrolyte layer 130 are flush with each other. [Figure 4B]
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With respect to claim 5, Honda et al. discloses wherein each of the first projections includes a first flat surface that is parallel to the direction normal to the main surface and is at least a part of an end surface of the positive electrode layer 120/220, and each of the second projections includes a second flat surface that is parallel to the direction normal to the main surface and is at least a part of an end surface of the negative electrode layer 110/210. [Figure 8]
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With respect to claim 6, Honda et al. discloses wherein the one or the plurality of first insulating members 700 include a side surface that is flush with the first flat surface, and the one or the plurality of second insulating members 700 include a side surface that is flush with the second flat surface. [Figure 8]
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With respect to claim 7, Honda et al. discloses wherein each of the positive electrode layers 120/220 in the plurality of unit cells includes: a positive electrode current collector 220; and a positive electrode active material layer 120 that is arranged on a main surface of the positive electrode current collector 220 on a side of the negative electrode layer 110/210, and each of the negative electrode layers 110/210 in the plurality of unit cells includes: a negative electrode current collector 210; and a negative electrode active material layer 110 that is arranged on a main surface of the negative electrode current collector 210 on a side of the positive electrode layer 120/220. [Figure 4B]
With respect to claim 8, Honda et al. discloses wherein in the plurality of unit cells, an adjacent pair of the positive electrode layers 120/220 share the positive electrode current collector 220, and in the plurality of unit cells, an adjacent pair of the negative electrode layers 110/210 share the negative electrode current collector 210. [Figure 4B]
With respect to claim 9, Honda et al. discloses wherein at least one of the first conductive member or the second conductive member includes a multilayer structure. [Figure 1B]
With respect to claim 10, Honda et al. disclose does not disclose wherein an outermost layer in the multilayer structure is a plating layer or a solder layer.
The further limitation regarding “a plating layer or a solder layer” is a product-by-process limitation that does not further limit the scope of the claim.
“[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.” In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
With respect to claim 11, Honda et al. discloses a sealing member 700 that exposes a part of the first conductive member 500 [Figure 8] and a part of the second conductive member 500 and seals the power generation element. [Figure 8]
With respect to claim 12, Honda et al. discloses wherein at least one of the one or the plurality of first insulating members 700 includes a gap. [Figure 8]
With respect to claim 13, Honda et al. discloses wherein the first side surface and the second side surface face away from each other. [Figure 4B]
Response to Arguments
Applicant’s arguments with respect to claim(s) have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant's arguments filed have been fully considered but they are not persuasive.
Applicant Argues
However, battery 1300 disclosed in FIG. 4B is a battery including a plurality of unit cells 2200 which are "connected in series". Specifically, in paragraph [0103] of Honda, the description "connected in parallel" is an erroneous description and should read "connected in series", for the reasons stated below.
Examiner respectfully disagrees
Honda et al. discloses the plurality of battery cells may be electrically connected in parallel or series. [0028; 0045; 0070]
Applicant Argues
Honda does not describe the following configuration of the present application: "in the first side surface, each of the positive electrode layer in the plurality of unit cells protrudes more than each of the negative electrode layer in the plurality of unit cells such that first depressions and first projections arranged alternately in the direction normal to the main surface are provided, in the second side surface, each of the negative electrode layer in the plurality of unit cells protrudes more than each of the positive electrode layer in the plurality of unit cells such that second depressions and second projections arranged alternately in the direction normal to the main surface are provided".
Furthermore, Honda has an object of forming an exposed surface 300 of a current collector between adjacent battery cells, to secure the connection for the current collecting leads. Therefore, in the configuration of FIG. 1B, for example, if a (lower) negative electrode current collector 210 that does not protrude, among two overlapping negative electrode current collectors 210, is made to protrude, the exposed surface 300 cannot be secured, and thus the object disclosed in Honda would no longer be achievable. Therefore, in order to arrive at the present application from the disclosure of Honda, there is a teaching away in that the object of Honda would no longer be achievable, and thus there is no motive to arrive at the configuration of the present application from Honda. Accordingly, the present
application is not obvious from Honda.
Therefore, Honda does not teach, suggest, or render obvious the features of "the plurality of unit cells are electrically connected in parallel and are stacked in a direction normal to a main surface of the power generation element ... in the first side surface, each of the positive electrode layer in the plurality of unit cells protrudes more than each of the negative electrode layer in the plurality of unit cells such that first depressions and first projections arranged alternately in the direction normal to the main surface are provided, in the second side surface, each of the negative electrode layer in the plurality of unit cells protrudes more than each of the positive electrode layer in the plurality of unit cells such that second depressions and second projections arranged alternately in the direction normal to the main surface are provided," as recited in amended independent claim 1.
Therefore, amended independent claim 1 is not taught, suggested, or rendered obvious over Honda.
Examiner respectfully disagrees
In Figure 4B, Honda et al. discloses wherein the plurality of unit cells 2200 are electrically connected in parallel [0028; 0045; 0070; 0103] and are stacked in a direction normal to a main surface of the power generation element [Figure 4B],
in the first side surface, each of the positive electrode layers 120/220 in the plurality of unit cells 2200 protrudes more than each of the negative electrode layers 110/210 in the plurality of unit cells 2200 such that first depressions and first projections arranged alternately in the direction normal to the main surface are provided, [Figure 4B]
in the second side surface, each of the negative electrode layers 110/210 in the plurality of unit cells 2200 protrudes more than each of the positive electrode layers 120/220 in the plurality of unit cells 2200 such that second depressions and second projections arranged alternately in the direction normal to the main surface are provided, [Figure 4B]
Honda et al. does not teach away from having a lower negative electrode current collector 210 that does not protrude.
Figure 1B discloses wherein the negative electrode current collectors are electrically conducted via a first conductive member. Figure 1B further discloses a first and second conductive members/current collecting lead on exposed overlapping surfaces. [0070-0079]
Figure 7-8 discloses wherein the positive electrode current collectors are electrically conducted via a conductive member.
Honda et al. further discloses “When the battery cells which are laminated in the laminated battery have a flat plate-shape, the increase in size in the laminating direction significantly influences an increase in the volume of the laminated battery. Therefore, by connecting the current collecting lead to the exposed surface, an increase in size in the laminating direction due to a layer that does not contribute to the battery capacity can be prevented, so that the battery capacity density of the laminated battery is improved.” [0022]
Furthermore Honda et al. discloses sealing the laminated battery 1000, deterioration of the laminated battery 1000 by moisture can be prevented [0079]
Furthermore, Honda et al. discloses, in Figure 5, a sealing member for a laminated battery wherein the negative electrode current collector are protruding.
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified Embodiment 1 of Honda et al. to include the insulating members of Embodiment 2 of Honda et al. in order to allow for sufficient spacing and increased safety.
It is noted that disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments. In re Susi, 440 F.2d 442, 169 USPQ 423 (CCPA 1971). Furthermore, “[t]he prior art’s mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed….” In re Fulton, 391 F.3d 1195, 1201, 73 USPQ2d 1141, 1146 (Fed. Cir. 2004). (MPEP 2123(II)).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Asai et al. US 2018/0226687
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRAN QURAISHI AKHTAR whose telephone number is (571)270-7589. The examiner can normally be reached Monday-Thursday 9AM-7PM.
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/KIRAN QURAISHI AKHTAR/Primary Examiner, Art Unit 1751
