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 .
Response to Arguments
The applicant’s amendments to claims 24, 26, and 28 have overcome the objections in regards to those claims, and accordingly those objections are withdrawn.
Applicant’s arguments with respect to claim(s) 1-8, 10-13, and 21-28 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.
Here, the new grounds of rejection identifies the upper concave portions 132 of the member 130 as being the first part of the first battery cell or the second battery cell, as well as the second protection members being the upper couplers 210 which are provided in openings of the concave portions 132 as shown in figure 5, where the bottom portions of the second protection member are supported on a bottom surface of the concave portion.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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) 1-8, 10, 12, and 24-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizuhata (US 20210313660 A1).
Regarding Claim 1, Mizuhata is an analogous art to the instant application, disclosing structure which comprises a battery assembly comprising at least one battery cell assembly (Abstract, “A metal-air battery module includes a unit assembly having a plurality of battery units coupled using first couplers.”), where each of the at least one battery cell assemblies comprises a plurality of battery cells stacked in series, as depicted in Mizuhata’s figure 5, and where a pair of battery cells can be identified as a first battery cell and a second battery cell. Additionally, Mizuhata discloses structure wherein each of the at least one battery cell assembly, the first battery cell, and the second battery cell comprise tabs wherein the tabs comprise a first tab and a second tab (Paragraph 0057, “As such, the unit assembly 20 according to the first embodiment is configured such that the adjacent battery cells 100 have the air-electrode terminal 111 and the negative-electrode terminal 112 facing each other, and such that the air-electrode terminal 111 and the negative-electrode terminal 112 , which constitute the pair of connected terminals 110 , are directly connected together through welding or other methods.”). Additionally, Mizuhata discloses structure where one of the first tab and the second tab of the at least one first battery cell is electrically connected to the first tab and the second tab of the at least one second battery cell, to form a first series tab assembly (Paragraph 0057, “As such, the unit assembly 20 according to the first embodiment is configured such that the adjacent battery cells 100 have the air-electrode terminal 111 and the negative-electrode terminal 112 facing each other,”, Paragraph 0050, “The air-electrode terminal 111 and the negative-electrode terminal 112 facing each other in such a manner, which are close to each other, can be directly connected together through welding or other methods,”).
Additionally, Mizuhata discloses structure which comprises cables, wherein the cables are connected with two tabs of the at least one battery assembly (Paragraph 0051, “The air-electrode terminal 111 of the battery unit 10 at one end of the unit assembly 20 and the negative-electrode terminal 112 of the battery unit 10 at the other end do not form pairs of connected terminals 110 ; these terminals are connected to wire cords 230 , thus constituting terminals for extracting power from the unit assembly 20 .”).
Additionally, Mizuhata discloses structure which comprises an at least one first protection member, which is provided where one of the tabs are connected and covers the tabs (Paragraph 0053, “Each pair of connected terminals 110 is preferably covered with an insulating cover 240 , as illustrated in FIGS. 8(a ) to (d ) .”) which is configured for preventing short circuit of the at least one battery cell assembly (Paragraph 0053, “Avoiding an electric shock and short circuit resulting from human contact to the exposed pair of connected terminals 110 ;”).
However, in regards to the limitation which requires that the at least one first protection member be provided where one of the tabs and one of cables are connected, Mizuhata only discloses that the insulating cover is provided on each pair of connected terminals, and fails to disclose structure wherein the insulating cover is provided where the tabs and the cables are connected. However, where the connection between tab and cable presents similar functional structure as the connection between two tabs, that being a connection of conductive elements, and where the function of the insulating cover, that being covering the connected conductive elements so as to avoid electric shocks and short circuiting, the application of the insulating cover to the connection of the cables and tabs represents a predictable result. Accordingly, it would be obvious to one ordinarily skilled in the art to apply the insulating cover to the connection of the tabs and cables, so as to achieve the predicted result of protection from shock and short circuiting at a location where two conductive elements are connected, thereby reading upon and making obvious the limitation of the instant claim which requires structure where the at least one first protection member is provided where the one of the tabs and one of the cables are connected.
Additionally, Mizuhata discloses structure wherein each of the at first battery cell and the second battery cell comprises a first part and a second part, as depicted in Mizuhata’s figure 1, where a decomposed view of the battery comprises a first part which is the portion of the sheet 130 located above the opening for the electrode components, which comprises concave first cuts 132, for coupling of the battery cells (Paragraph 0048, “the second cuts (first cuts for coupling) 132 of the battery units 10”), which are concave, resulting in the first part being a concave part.
Additionally, Mizuhata discloses structure wherein each of the at first battery cell and the second battery cell comprises a second part, as depicted in Mizuhata’s figure 3, depicting a second part which is a negative electrode current collector (Paragraph 0040, “The positive-electrode current collector 103 and the negative-electrode current collector 107”). Additionally, Mizuhata discloses structure where the second part is adjacent to the first part, as depicted in Mizuhata’s figure 2, which depicts the compressed and laminated battery structure, where the portions of the battery, including the current collectors which are the second part being positioned within the sheet 130, next to the first parts 132.
Additionally, Mizuhata discloses structure wherein the battery cell assembly further comprises at least one second protection member, here the second protection members being the upper couplers 210 which are provided in openings of the concave portions 132 as shown in figure 5, where the bottom portions of the second protection member are supported on a bottom surface of the concave portion.
Here, Mizuhata further discloses that the coupling members are constructed of a foamable resin like the sheet 130 (Paragraph 0046, “Although the first couplers 210 are made of any material, a foamable resin sheet is preferably used, like the sheet 130 .”), where the sheet 130 material presents weight reduction, strength, corrosion resistance (Paragraph 0041, “Although the sheet 130 is made of any material, a foamable resin sheet is preferably used in view of weight reduction, strength, corrosion resistance, and other aspects.”). Additionally, where the foamable resin sheet 130 is shown to contact the battery tabs in Mizuhata’s figures 2 and 5, and where it does not impede function of the battery through said contact, it therefore must not conductively bridge the gap between the positive and negative electrodes, and accordingly acts as an electrical insulator. Therefore, the foamable resin further presents structure which acts as an electrical insulator, thereby inherently reading upon the structure required by the instant claim, where the third protection member is configured for performing insulation protection, thereby constituting a protection member
Additionally, the second protection members 210 are configured for directly supporting the tabs 111 and 112 after welding has occurred, as they are positioned such that if the tabs shown in figure 2 were to bend in their direction the bending would be obstructed by the second protection members. It is noted that the instant claim’s language requiring that the second protection member is configured for directly supporting the tabs after welding, does not require that the member support the tabs, but rather that it be capable of supporting the tabs.
Regarding Claim 2, Mizuhata makes obvious the invention of Claim 1. Additionally, Mizuhata discloses structure wherein at least one side surface of the at least one first battery cell and/or the at least one second battery cell is provided with the at least one first protection member, as depicted in Mizuhata’s figure 8, where the top face and opposite-facing side faces are covered by and are therefore provided with the at least one first protection member.
Regarding Claim 3, Mizuhata makes obvious the invention of Claim 2. Additionally, Mizuhata discloses structure wherein at least one side surface of the two opposite side surfaces of the at least one first battery cell and the at least one second battery cell is provided with the at least one first protection member, as depicted in Mizuhata’s figure 8, wherein the two inner facing opposite side surfaces of a pair of first and second battery cells are covered and therefore provided with the at least one first protection member.
Regarding Claim 4, Mizuhata makes obvious the invention of Claim 3. Additionally, Mizuhata discloses structure where the second part is adjacent to the first part, as depicted in Mizuhata’s figure 2, which depicts the compressed and laminated battery structure, where the portions of the battery, including the current collectors which are the second part and the upper portion of sheet 130 which is the first part, are all located together, and therefore adjacent.
Additionally, Mizuhata discloses structure wherein at least one side surface of the two opposite side surfaces of the second part of the at least one first battery cell and the second part of the at least one second battery cell is provided with the at least one first protection member, as depicted in Mizuhata’s figure 8. There, Mizuhata depicts structure wherein the two inner facing opposite side surfaces of a pair of first and second battery cells are covered and therefore provided with the at least one first protection member, where the second parts of each battery cell are provided with the first protection member, in that the first protection member covers and therefore is provided to the faces of the parts of the first and second battery cell and the associated second parts of each cell through covering the battery cells.
Regarding Claim 5, Mizuhata makes obvious the invention of Claim 2. Additionally, Mizuhata discloses structure wherein the at least one first protection member comprises at least one insulation later and/or at least one high-temperature resistant layer, in disclosing that the first protection layer is an insulating cover (Paragraph 0053, “Each pair of connected terminals 110 is preferably covered with an insulating cover 240 ,”).
Regarding Claim 6, Mizuhata makes obvious the invention of Claim 5. Additionally, Mizuhata discloses structure wherein the each first protection member further comprises at least one adhesive layer (Paragraph 0053, “The insulating cover 240 can be a strip of insulating tape having an adhesive layer on one side;”).
Regarding Claim 7, Mizuhata makes obvious the invention of Claim 1. Additionally, Mizuhata discloses structure wherein each of the at first battery cell and the second battery cell comprises a first part and a second part, as depicted in Mizuhata’s figures 2 and 3, where a decomposed view of the battery comprises a second part which is a negative electrode current collector (Paragraph 0040, “The positive-electrode current collector 103 and the negative-electrode current collector 107”). Additionally, Mizuhata discloses structure where the first part is an upper portion of the sheet 130, as shown in figure 2. Additionally, Mizuhata discloses structure where the second part is adjacent to the first part, as depicted in Mizuhata’s figure 2, which depicts the compressed and laminated battery structure, where the portions of the battery, including the current collectors which are the second part and the portion of the sheet 130 which are the first part, are all located together, and therefore adjacent.
Additionally, Mizuhata discloses structure wherein the at least one first protection member each comprises an arm part and a first bending part, as depicted in Mizuhata’s figure 8d, where the first protection member comprises straight regions which are arm parts, and bending regions which are bending parts. Additionally, as depicted in Mizuhata’s figure 8d, the each first protection member is provided over the gap between battery cells, where it is therefore provided between the components of the battery cells. Accordingly, the first protection member is provided between the first part of the at least one first battery cell and the first part of the at least one secondary cell. Additionally, where the first protection member is provided around and above the upper face of the batteries and the first series tab assembly, it is provided away from the bottom side of the first series tab assembly.
Regarding Claim 8, Mizuhata makes obvious the invention of claim 7. Additionally, Mizuhata discloses structure, as depicted in their figure 8d, wherein the each first protection member further comprises a second bending part, depicting the first protection member including multiple bending regions which are bending parts.
Regarding Claim 10, Mizuhata makes obvious the invention of Claim 1. Additionally, Mizuhata discloses structure wherein the at least one protection member each is at least one of a foam and an insulation tape, disclosing structure where said member is a foamable resin (Paragraph 0046, “Although the first couplers 210 are made of any material, a foamable resin sheet is preferably used, like the sheet 130 .”).
Regarding Claim 12, Mizuhata makes obvious the invention of Claim 1. Additionally, Mizuhata discloses structure wherein a bottom surface or at least one side surface of the battery assembly is provided with third protection members that are configured for performing insulation protection. Here, Mizuhata’s third protection members are lower coupling members 210 (Paragraph 0045, “The unit assembly 20 in FIG. 5 couples the plurality of battery units 10 using three first couplers (couplers) 210 .”), where Mizuhata’s figure 5 depicts one coupler located on a bottom surface of the battery assembly. Here, Mizuhata further discloses that the coupling members are constructed of a foamable resin like the sheet 130 (Paragraph 0046, “Although the first couplers 210 are made of any material, a foamable resin sheet is preferably used, like the sheet 130 .”), where the sheet 130 material presents weight reduction, strength, corrosion resistance (Paragraph 0041, “Although the sheet 130 is made of any material, a foamable resin sheet is preferably used in view of weight reduction, strength, corrosion resistance, and other aspects.”). Additionally, where the foamable resin sheet 130 is shown to contact the battery tabs in Mizuhata’s figures 2 and 5, and where it does not impede function of the battery through said contact, it therefore must not conductively bridge the gap between the positive and negative electrodes, and accordingly acts as an electrical insulator. Therefore, the foamable resin further presents structure which acts as an electrical insulator, thereby inherently reading upon the structure required by the instant claim, where the third protection member is configured for performing insulation protection.
Regarding Claim 24, Mizuhata makes obvious the invention of Claim 1. Additionally, Mizuhata discloses structure wherein at least one of the first protection member which protection member, which is provided where one of the tabs and one of the cables are connected and covers one of the tabs, is provided at at least one side surface of two opposite side surfaces of the second part of the first battery cell and the second part of the second battery cell, where Mizuhata makes obvious the covering of the cable/tab join with the first protection member, as discussed above in regards to claim 1, where the first protection portion is provided on a side surface of the second part of the first battery cell, which has an opposite counterpart in the second battery cell’s second part, thereby reading upon the limitation of the instant claim.
Regarding Claim 25, Mizuhata makes obvious the invention of Claim 1. Additionally, Mizuhata discloses structure wherein another one of the at least first protection member is provided at the first series tab assembly, shown in their figures 8a-8d, where the first protection member 240 is provided at the first series tab assembly and directly covers said tab assembly, specifically looking to figures 8b and 8c, where two of the first protection member are provided, thereby representing structure which comprises a claim compliant first and another first protection members.
Regarding Claim 26, Mizuhata makes obvious the invention of Claim 25. Additionally, Mizuhata discloses structure where the another one of the at least first protection members directly covering the first series tab assembly is provided at at least one side surface of two opposite side surfaces of the second part of the first battery cell and the second part of the second battery cell, shown in figure 8c, where the bottom instance of the first protection member is provided at upper side surfaces which are a part of the second parts of the battery cells, those being the opposed faces of the first part of the negative electrode current collector 107/negative tab 112 on each side of the first battery cell and second battery cell
Regarding Claim 27, Mizuhata makes obvious the invention of Claim 1. Additionally, Mizuhata discloses structure wherein the at least one first protection member comprises a high-temperature resistant tape (Paragraph 0053, “The insulating cover 240 can be a strip of insulating tape”)
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizuhata (US 20210313660 A1) as applied to claim 10 above, and further in view of Zhou (CN 115566375 A).
Regarding Claim 11, Mizuhata makes obvious the invention of Claim 10. Additionally, Mizuhata discloses structure wherein the at least second protection member provided on a side where an opening of the conclave part is located is the foam, where the sheet 130 is a foam (Paragraph 0041, “Although the sheet 130 is made of any material, a foamable resin sheet is preferably used in view of weight reduction, strength, corrosion resistance, and other aspects.”), depicted in Mizuhata’s figure 2 as being provided on a side where an opening of the concave part is located, where the sheet 130 surrounds and extends around the concave parts.
Additionally, in regards to the limitation which requires structure wherein the at least one second protection member provided on a side away from the opening of the conclave part is the insulating tape, Mizuhata is fails to disclose said structure, instead disclosing that the second protection member comprises a foamable resin.
Therefore, we look to Zhou, which is an analogous art to the instant application, disclosing an energy storage device (Abstract, “The application claims an energy storage device and electric device.”) which comprises an insulting tape (Abstract, “wherein some embodiments, the first insulating patch 13 is blue film glue, the blue film glue of the adhesive tape itself is made of PET polyethylene glycol terephthalate material of blue film, the blue film glue with glue water is acrylic. It can be understood that, in other embodiments, the first insulating patch 13 can be other types of insulating tape with a certain strength.”), where the insulating patch is further disclosed to prevent metal particles from piercing the patch (“wherein some embodiments, the thickness of the first insulating patch 13 is 50 μ m. Thus, the first insulating patch 13 has sufficient rigidity to prevent metal particles from piercing the first insulating patch 13.”). Additionally, where Zhou discloses that the insulating patch is placed about the seams of the battery components (“so as to, in the present application, because the first insulating patch 13 and covering the switching sheet 22, and extends to the first side 112, the first insulating patch 13 can furthest cover the switching sheet 22 and the tab 12. even if the patch 22 and the tab 12 on the welding slag falling, also will be adhered by the first insulating patch 13, will not enter into the naked battery core 111.”), it would be obvious to one ordinarily skilled in the art to apply the insulating tape patch of Zhou to the invention of Mizuhata about the second protection member at the joins of the foldable member 130, thereby preventing external metal particles from entering the interior of the battery as well as providing additional insulating and physical protection, and thereby reading upon and making obvious the limitations of the instant claim.
Claim(s) 13 and 22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizuhata (US 20210313660 A1) as applied to claim 1 above, and further in view of Oskengendler (US 20190131597 A1).
Regarding Claims 13 and 22, Mizuhata makes obvious the invention of Claim 1. Here, Claim 13 requires structure wherein an outside of the battery assembly is provided with a fourth protection member that is configured for shrinking a battery cell assembly. Here, this claim has been interpreted under 35 U.S.C 112(f), thereby being interpreted in light of the instant specification which discloses in paragraph 25 that “Preferably, the fourth protection member is a polyvinyl chloride (PVC) thermo-shrink film.”. Here, Mizuhata fails to disclose structure which comprises a thermo-shrink film, and we therefore look to Oskengendler, which is an analogous art to the instant application, disclosing methodology and architecture for a ruggedized battery pack (Abstract, “Techniques and architectures are disclosed…”). Here, Oskengendler discloses structure which includes wrapping the batteries and their mounting plate with a flexible wrapping agent, which may be a PVC plastic shrink wrap (Paragraph 0024, “The batteries are attached to the battery mounting plate with a wrapping or flexible bonding agent. In some example embodiments, the wrapping can be PVC plastic wrap or other shrink wrap material, which can be subsequently heated (e.g., using a heat gun) to form a tight seal around the battery mounting plate and batteries.”). Here, where Oskengendler discloses the benefit of the thermos-shrink wrap member forming a tight seal around the batteries, which would prevent the batteries from being exposed to external contaminants and fluids, it would be obvious to one ordinarily skilled in the art to apply it to the invention of Mizuhata as a thermos-shrink film as a fourth protection member, thereby reading upon and making obvious the limitations of the instant Claims 13 and 22.
Claim(s) 23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizuhata (US 20210313660 A1) in view of Oskengendler (US 20190131597 A1) as applied to claim 22 above, and further in view of Kim (US 20200052255 A1).
Regarding Claim 23, modified Mizuhata makes obvious the invention of Claim 22. Additionally, in regards to the limitation of the instant claim which requires structure wherein a second foam is attached to the outside of the fourth protection member, where Oskengendler makes obvious a shrink-wrap layer surrounding the battery assembly, Mizuhata discloses a protective casing that surrounds the battery assembly, shown in their figures 9 and 10, where the casing houses the assembly (Paragraph 0059, “The metal-air battery module 30 is configured such that the aforementioned unit assembly 20 is housed in the casing 300”). Here, Mizuhata discloses that the preferable material for their casing is plastic (Paragraph 0059, “The casing 300 can be made of, but not limited to, plastic or paper (cardboard); plastic is preferably used when water resistance is particularly required.”), but does not specify the type of plastic preferred.
Therefore, we look to Kim, which is an analogous art to the instant application, disclosing a battery case for containing a secondary battery (Abstract, “a module case including a cover portion covering the folded portion of the unit pouch-type secondary battery”). Here, Kim discloses that their case comprises a mixed composition of polyurethane foam (Paragraph 0047, “In this case, the blending amount of the engineering plastic may be preferably 10 to 30% by weight, based on 100% by weight of the total amount of at least one selected from the group of rubber, polyurethane foam,”), where said structure allows for an improved strength and heat resistance (Paragraph 0048, “With such a blending amount, an effect of improving the strength and heat resistance by the engineering plastic may be sufficiently implemented”). Accordingly, based on these benefits, it would be obvious for one ordinarily skilled in the art to make use Kim’s case composition for the case of Mizuhata, thereby resulting in structure where the case surrounding the fourth protection member includes a foam, thereby resulting in structure wherein a second foam is attached to the outside of the fourth protection member, reading upon and making obvious the limitation of the instant claim.
Claim(s) 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizuhata (US 20210313660 A1) as applied to claim 12 above, and further in view of Deng (CN 113707981 A with EPO machine translation used for citation purposes).
Regarding Claim 21, Mizuhata makes obvious the invention of Claim 12. Additionally, in regards to the limitation of the instant claim which requires structure wherein the third protection members are highland barley paper bonded to the battery assembly, Mizuhata discloses structure wherein the third protection members are fitted to the battery assembly by means of fitting (Paragraph 0048, “In the unit assembly 20 , two of the first couplers 210 couple the battery units 10 on the upper side, and one of the first couplers 210 couples the battery units 10 on the lower side, as illustrated in FIG. 5. That is, on the upper sides of the battery units 10 , the fourth cuts (second cuts for coupling) 211 of the first couplers 210 are fitted into the second cuts (first cuts for coupling) 132 of the battery units 10 , and on the lower sides of the battery units 10 , the fourth cuts (second cut for coupling) 211 of the first coupler 210 are fitted into the third cuts (first cuts for coupling) 133 of the battery units 10”), but fails to disclose structure where the third protection members comprise highland barley paper, though they do disclose that they may be made of any material (Paragraph 0046, “Although the first couplers 210 are made of any material,”).
Therefore, we look to Deng, which is an analogous art to the instant application, disclosing a battery pack (Abstract, “The invention relates to the technical field of battery, especially a cylindrical battery pack battery,”) which comprises an insulating highland barley paper fixed to a plate frame to avoid generating electricity leakage (Abstract, “The insulating highland barley paper is fixedly connected to the epoxy plate frame; the insulating highland barley paper is located between the electric core and the epoxy plate frame; the epoxy plate frame and the insulating highland barley paper are insulated from the electric core; It avoids generating electricity leakage.”). Here, where Deng discloses that the highland barley paper is used to contain the components to which it is contacting, as well as electrically isolating them (Paragraph 0041, “and the insulating barley paper 6 is used to isolate the battery core 1, avoiding leakage and insulating the barley.”), and where Mizuhata discloses that their third protection member has the function of containing the plurality of batteries (Paragraph 0047, “The first coupler 210 has a comb shape with a plurality of groove-shaped fourth cuts 211 in the form of comb teeth arranged at predetermined intervals along one side in its longer-side direction. The fourth cuts may or may not be arranged at regular intervals. The unit assembly 20 includes any number of connectable battery units 10 as long as there are as many such battery units 10 as the fourth cuts 211 of the first coupler 210 .”), it would therefore be obvious to one ordinarily skilled in the art to make use of Deng’s highland barley paper in the third protection member 210 of Mizuhata, thereby reading upon and making obvious the limitation of the instant claim.
Claim(s) 28 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizuhata (US 20210313660 A1) as applied to claim 12 above, and further in view of Yang (US 20220251432 A1).
Regarding Claim 28, Mizuhata makes obvious the invention of Claim 1. Additionally, in regards to the limitation of the instant claim which requires structure wherein the at least one first protection member comprises a release paper, Mizuhata fails to disclose said structure, where they disclose that the first protection member 240 comprises a strip of insulating tape having an adhesive layer on one side (Paragraph 0053, “The insulating cover 240 can be a strip of insulating tape having an adhesive layer on one side;”). Therefore, we look to Yang, which is an analogous art to the instant application, disclosing a battery pack comprising a curable pressure-sensitive adhesive tape (Abstract, “In addition, the present invention further provides a curable pressure-sensitive adhesive tape and a battery pack including the curable pressure-sensitive adhesive composition.”).
Here, Yang discloses that its adhesive tape is insulative (Paragraph 0019, “According to some specific embodiments of the present invention, the curable pressure-sensitive adhesive tape is a single-sided curable pressure-sensitive adhesive tape, and the single-sided curable pressure-sensitive adhesive tape includes an electrical insulating layer”), and that their adhesive tape further comprises a release paper (Paragraph 0097, “According to some specific embodiments of the present invention, a piece of single-sided release paper or release film with certain thickness may further be provided on one side of the adhesive film away from the electrical insulating layer.”). Here, Yang discloses that the release paper layer allows for the protection of the adhesive layer of the tape (Paragraph 0097, “The release layer forms contact with an outer surface of the pressure-sensitive adhesive layer, that is, the release layer forms contact with a surface of the pressure-sensitive adhesive layer opposite to the surface in contact with the substrate, so as to protect the pressure-sensitive adhesive layer.”), and allows for the removal of sections of the release paper covering the surfaces of the adhesive which are intended to be bonded to a substrate, allowing said bonding (Paragraph 0097, “During use, the release layer can be peeled off to expose the pressure-sensitive adhesive layer for use.”). Accordingly, based on these benefits, it would be obvious to one ordinarily skilled in the art to make use of a release paper on the adhesive surfaces of the first protection member of Mizuhata to protect said surfaces, as well as allowing for a targeted application of the needed adhesive surfaces onto the surfaces on which the first protection member is applied, thereby reading upon and making obvious the limitation of the instant claim.
Conclusion
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.
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/J.W.E./Examiner, Art Unit 1725
/BASIA A RIDLEY/Supervisory Patent Examiner, Art Unit 1725
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