DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. Applicant’s election without traverse of Species A, claims 1-13 and 15-18 in the reply filed on 7/2/26 is acknowledged.
3. Claim 14 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 7/2/26.
Claim Rejections - 35 USC § 103
4. 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.
5. 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.
6. 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.
7. Claim(s) 1-11 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tamachi et al. (JP2012069508A) as cited in IDS dated 1/24/24 with citations from machine translation provided by Applicant in view of Sugawara (JP2008077922A) as cited in IDS dated 1/24/24 with citations from machine translation provided by Applicant.
Regarding claim 1, Tamachi discloses an electrochemical device (electrochemical cell 90, Figs. 10 & 11, [0102]-[0103]) including: a case including a recessed container having a bottom and a side wall (container body 10 having a flat bottom wall portion 10a and a frame shaped peripheral wall portion 10b, Fig. 10, [0030]), and a cap adapted to cover an opening of the recessed container(sealing plate 11, Fig. 10, [0030]); and a power generation element sealed in the case (electrochemical element 3, Fig. 10, [0040]) and including a first electrode layer located adjacent to the bottom (positive electrode (first electrode) 25, Fig. 10, [0040]), a second electrode layer located adjacent to the cap (negative electrode (second electrode) 27, Fig. 10, [0040]), and a separation layer located between the first electrode layer and the second electrode layer (separator (isolation member) 26, Fig. 10, [0040]), the electrochemical device comprising:
a conductive plate positioned between the power generation element and the cap (metal diaphragm shaped spring (elastic member) 71, Figs. 10 & 11, [0096], [0102]), wherein:
the first electrode layer is electrically connected to a first conductive path running from an interior of the case to an outside of the case([0033]); the second electrode layer is electrically connected to a second conductive path running from the interior of the case to the outside of the case via the conductive plate([0046]); the conductive plate being fixed to the side wall of the recessed container at a location radially outward of the power generation element as seen in plan view(peripheral wall 10b has a locking portion 91, Figs. 10 & 11, [0102]); and a clearance is formed between the conductive plate and the cap(see storage space S in Fig. 10) but does not explicitly disclose the conductive plate includes a flat portion facing the power generation element and a spring raised from the flat portion to press the power generation element toward the bottom of the recessed container.
Sugawara teaches a coin battery (1, Fig. 2, [0025]) comprising a negative electrode cup 2 (Fig. 2), a positive electrode can 3 (Fig. 2), a negative electrode mixture 4 (Fig. 2), and a positive electrode mixture 5 (Fig. 2), wherein even if the internal pressure increases and the battery swells, a plate spring shaped protrusion 13 that protrudes toward the direction of the positive electrode can 3 of a conductive plate part 11 of a positive electrode conductive plate 1 follows the deformation of the position electrode can 3, and thus the contact state between the positive electrode mixture 5 and the positive electrode can 3 is maintained via a positive electrode conductor 10 ([0025], [0031], Figs. 1-5).
It would have been obvious to one of ordinary skill in the art to modify the electrochemical device of Tamachi with the conductive plate includes a flat portion facing the power generation element and a spring raised from the flat portion to press the power generation element toward the bottom of the recessed container as taught by Sugawara as applying a known technique to a known device ready for improvement to yield predictable results. MPEP 2143.
Regarding claim 2, modified Tamachi discloses a thickness of a plate member of the conductive plate is 0.05 to 0.50 mm (Sugawara [0014]) which is within the claim range of not smaller than 0.05 mm, thus reading on the limitation.
Regarding claim 3, modified Tamachi discloses a thickness of a plate member of the conductive plate is 0.05 to 0.50 mm (Sugawara [0014]) which overlaps the clam range of not larger than 1.0 mm, thus reading on the limitation.
Modified Tamachi is explicitly silent to the claim range however “in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists”. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). MPEP 2144.05.
Regarding claim 4, modified Tamachi discloses a thickness of a plate member of the conductive plate is 0.05 to 0.50 mm (Sugawara [0014]) which is within the claim range of not larger than 0.5 mm, thus reading on the limitation.
Regarding claim 5, modified Tamachi discloses the conductive plate is formed from a stainless steel for a spring(Sugawara [0012]).
Regarding claim 6, modified Tamachi discloses the spring includes a spring piece cantilever-supported by the flat portion to press the power generation element toward the bottom of the recessed container(Sugawara, leaf spring like projection 13, Figs. 1-5, [0016]-[0017]).
Regarding claim 7, modified Tamachi discloses the conductive plate includes a plurality of springs raised from the flat portion to press the power generation element toward the bottom of the recessed container (Sugawara, Figs. 1 & 5).
Regarding claim 8, modified Tamachi discloses each of the plurality of springs includes a spring piece cantilever-supported by the flat portion to press the power generation element toward the bottom of the recessed container(Sugawara, Figs. 1-5).
Regarding claim 9, modified Tamachi discloses the spring pieces of the plurality of springs are disposed in line symmetry or point symmetry as seen in plan view(Sugawara, Figs. 1 & 5).
Regarding claim 10, modified Tamachi discloses the spring pieces of the plurality of springs are radially disposed as seen in plan view (Sugawara, Figs. 1 & 5).
Regarding claim 11, modified Tamachi discloses an extreme end portion of the spring piece is bent in a direction away from the power generation element(Tamachi [0045], Fig. 1).
Regarding claim 15, modified Tamachi discloses an amount of axial displacement of the spring is larger than an axial dimension of the clearance, the amount of axial displacement being calculated from a change in a position of the spring determined by comparing the spring when pressing the power generation element and the spring when not pressing the power generation element(Sugawara [0029]).
8. Claim(s) 12 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tamachi et al. (JP2012069508A) as cited in IDS dated 1/24/24 with citations from machine translation provided by Applicant in view of Sugawara (JP2008077922A) as cited in IDS dated 1/24/24 with citations from machine translation provided by Applicant as applied to claim 1 above, and further in view of Kim et al. (JP2015533013A) as cited in IDS dated 1/24/24 with citations from equivalent (US2015/0221925).
Regarding claim 12, modified Tamachi discloses the first current collector 15 and the second current collector 20 are preferably made of tungsten, silver or gold (Tamachi [0038]) but does not explicitly disclose the power generation element further includes a porous metal layer on a surface of at least one of the first electrode layer and the second electrode layer.
Kim teaches a metal foam 250 as a conducting member and having a function of pressing the power generation element ([0064]-[0067], Figs. 9 and 10). Kim teaches the metal foam may be compressed between the electrode assembly and the outer cap so as to be entirely or partially reduced in thickness, or may be compressed between the electrode assembly and the outer can so as to be entirely or partially reduced in thickness([0017]). Kim teaches a metal foam which is positioned between an outermost second electrode plate among the multiple second electrode plates and the outer cap to electrically connect the second electrode plate and the outer cap, or positioned between the outermost second electrode plate and the outer can to electrically connect the second electrode plate and the outer can, and has compressibility ([0016]).
It would have been obvious to one of ordinary skill in the art to modify the electrochemical device of modified Tamachi with the power generation element further includes a porous metal layer on a surface of at least one of the first electrode layer and the second electrode layer as taught by Kim as applying a known technique to a known device ready for improvement to yield predictable results. MPEP 2143.
Regarding claim 13, modified Tamachi discloses the first electrode layer is formed from a first electrode mixture(Kim [0044]); the second electrode layer is formed from a second electrode mixture(Kim [0044]); and the porous metal layer is a porous metal base material embedded in at least one of the first electrode mixture and the second electrode mixture(Kim [0066]).
Allowable Subject Matter
9. Claim 16 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
In particular, the allowable limitation is the side wall includes an indentation having an opening in a surface of the side wall, and a locking portion located at least one of above the opening of the indentation and on an inner side surface; the conductive plate includes a press-fit portion located radially outward of the power generation element as seen in plan view to be press-fitted into the indentation of the side wall; the press-fit portion includes a locked portion and is constructed such that, when the conductive plate moves toward the cap, the locked portion abuts the locking portion to be able to stop movement of the conductive plate before the conductive plate contacts the cap.
Tamachi discloses the side wall includes a locking portion located on an inner side surface (locking portion 91, Figs. 10-13, [0102]-[0104]) but does not disclose, teach or render obvious the side wall includes an indentation having an opening in a surface of the side wall, and a locking portion located at least one of above the opening of the indentation and on an inner side surface; the conductive plate includes a press-fit portion located radially outward of the power generation element as seen in plan view to be press-fitted into the indentation of the side wall; the press-fit portion includes a locked portion and is constructed such that, when the conductive plate moves toward the cap, the locked portion abuts the locking portion to be able to stop movement of the conductive plate before the conductive plate contacts the cap.
10. Claims 17 & 18 are objected to as being dependent upon allowable claim, but would be allowable if rewritten in independent form including all of the limitations of the allowable claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA HOM LYNCH whose telephone number is (571)272-0489. The examiner can normally be reached 7:30 AM - 4:30 PM EST M-F.
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/VICTORIA H LYNCH/Primary Examiner, Art Unit 1724
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