Prosecution Insights
Last updated: August 30, 2026
Application No. 18/427,125

BATTERY AND METHOD FOR PRODUCING BATTERY

Non-Final OA §103
Filed
Jan 30, 2024
Priority
Feb 07, 2023 — JP 2023-016823
Examiner
YUSIF, HUNSUYADOR MUGEESATU
Art Unit
Tech Center
Assignee
Toyota Motor Corporation
OA Round
1 (Non-Final)
100%
Grant Probability
Favorable
1-2
OA Rounds
7m
Est. Remaining
99%
With Interview

Examiner Intelligence

Grants 100% — above average
100%
Career Allowance Rate
3 granted / 3 resolved
+40.0% vs TC avg
Minimal +0% lift
Without
With
+0.0%
Interview Lift
resolved cases with interview
Typical timeline
3y 2m
Avg Prosecution
24 currently pending
Career history
25
Total Applications
across all art units

Statute-Specific Performance

§103
54.6%
+14.6% vs TC avg
§102
29.6%
-10.4% vs TC avg
§112
13.0%
-27.0% vs TC avg
Black line = Tech Center average estimate • Based on career data from 3 resolved cases

Office Action

§103
DETAILED ACTION Notice of Pre-AIA or AIA Status The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Claim Rejections - 35 USC § 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. Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tamaru et al. (US-20210280948-A1) in view of Motohashi et al. (US-20200321592-A1) and Akiyama et al. (JP 2021177478 A, translation used for citation). With regards to claim 1, Tamaru teaches a battery (electricity storage device) comprising a plurality of electrodes stacked in a stacking direction which reads on a layered member that includes an electrode layered body including a plurality of electrodes layered in a thickness direction (¶ 0039, ¶ 0041, and Fig. 1). Tamaru teaches a frame (20) formed at the peripheral edge of the electrode that retains the current collector plates (¶ 0045 and Fig. 1). In ¶ 0047, Tamaru teaches that this frame comprises a plurality of spacers (21) formed with an insulating resin and retains the current collector plates of the electrode stack. In an embodiment, Tamaru also teaches the frame including a first sealing portion or spacer (¶ 0082). The spacers taught by Tamaru read on a sealing member made of a resin arranged along an outer periphery of the electrode layered body. Tamaru teaches that the frame also includes a resin frame (25) that covers the outer peripheries of the spacers (¶ 0046 and ¶ 0049). This resin frame reads on a side surface member arranged at a side surface part of the layered member. As mentioned earlier, Tamaru teaches that the side surface member (resin frame) includes a resin (¶ 0049). As shown in Fig. 1, the resin layer includes a first protruding part and a second protruding part extending to a first direction orthogonal to the thickness direction; the sealing member (spacers) is arranged between the first protruding part and the second protruding part. In ¶ 0059, Tamaru teaches that the side surface member (resin frame) is integrated by welding. Since the first protruding part and the second protruding part are a part of the side surface member and are attached to the outer package (restraining plates), this reads on each of the first protruding part and the second protruding part being welded to the outer package. Tamaru goes on to teach a pair of restraining plates that restrains the electrode stack as well as the frame which include the side surface member (¶ 0051). Tamaru teaches that the retraining plates are provided with bolts and seal the interior of the frame (20) which comprises the electrode stack and the side surface member (¶ 0051). These retaining plates along with the bolts read on an outer package. However, Tamura does not specifically teach an outer package that covers the layered member and the side surface member, wherein when the battery is viewed from a side surface which is the side surface member side, the outer package is arranged to cover a surface configuring an outer periphery of the side surface member, and a PNG media_image1.png 870 821 media_image1.png Greyscale surface configuring an outer periphery of the layered member. See Fig. 1 below. PNG media_image2.png 826 797 media_image2.png Greyscale In a similar field of endeavor, Motohashi teaches a battery cell assembly comprising a plurality of stacked cells (¶ 0009). Motohashi teaches a casing for the battery assembly that supports the stacked battery cells (¶ 0058). Motohashi teaches that the casing comprising a first and second case along with a restraining plate (¶ 0057 and Fig. 2). As shown in Fig. 2 below, the first and second cases are disposed on the side surface of the stack with a restraining plate on the surface of the stack. In ¶ 0113 and Fig. 12A-12B, Motohashi teaches that the first and second case form an opening at the surface of the electrode stack that prevents the restraining plate from being directly placed on the cases which cause the case to deform. The side cases along with the restraining plate reads on an outer package that covers the stack as well as the side surfaces of the stack. See Figs. 2, 12A and 12B below. It would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to substitute the outer package (restraining plates and bolts) taught by Tamura with a first and second case on the side surfaces of the electrode stack that form an opening on the top surface of the battery along with a restraining plate as taught by Motohashi. This would predictably provide sufficient support for the battery while preventing damage to the outer package . Through this modification, modified Tamura teaches an outer package comprising restraining plates along with to side cases that form on opening on a surface of the electrode stack. This modified outer package covers the layered member and the side surface member, wherein when the battery is viewed from a side surface which is the side surface member side, the outer package is arranged to cover a surface configuring an outer periphery of the side surface member, and a surface configuring an outer periphery of the layered member. Although Tamaru teaches the resin of the side surface member (resin frame), Tamaru does not teach that the side surface member includes a metal foil. In a similar field of endeavor, Akiyama teaches a power storage device (battery) that includes a layered member (cell stack) in which a plurality of electrodes are stacked in a stacking direction (page 2 and Fig. 1). Similar to Tamaru, Akiyama teaches an insulating spacer (14) made of resin that is formed along the edge of the current collectors and functions as a sealing portion (page 5 and Fig. 1). This spacer reads on the sealing member made of resin. Akiyama teaches that a metal foil (metal layer (15)) may be formed on the outer surface of the spacer (page 10). On page 11, Akiyama goes on to teach a resin layer (17) that may be formed on the outer surface of the metal layer. This resin layer reads on the side surface member and includes a metal layer on the inner side, between the sealing member and the side surface member as shown in Fig. 1 below. Akiyama teaches that the metal layer prevents gas from permeating through the spacer, suppressing deterioration caused by the gas in the battery PNG media_image3.png 616 1129 media_image3.png Greyscale (power storage device) (page 11). See Fig. 1 below. It would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to include a metal layer between the sealing member and the side surface member (resin frame) taught by modified Tamaru as taught by Akiyama. This will predictably suppress deterioration caused by gas in the battery. Through this modification, the side surface member taught by modified Tamaru includes a metal foil and a resin arranged on one main surface of the metal foil. With regards to claim 2, modified Tamaru teaches the battery according to claim 1. Tamaru teaches that each of the plurality of electrodes includes a first current collector (collector plate, 11), and an electrode layer arranged on at least one surface of the first current collector in the thickness direction (¶ 0039 and Fig. 1); the electrode layered body includes a second current collector (collector plate, 18) at an end part in the thickness direction (¶ 0043 and Fig. 1). Tamaru in view of Motohashi teaches an outer package that includes a first and second case on the side surfaces of the electrode stack along with restraining plates on the surface of the stack. As discussed above, modified Tamaru teaches that the outer package comprises a first and second case form an opening on the top surface of the battery. Since the surface of the stack or layered body taught by Tamaru comprises the second current collector, the modification will result in an outer package that includes an exposing part (opening) where PNG media_image4.png 870 821 media_image4.png Greyscale the second current collector is exposed in the thickness direction. See Fig. 1 below. PNG media_image5.png 858 790 media_image5.png Greyscale With regards to claim 3, Tamaru shows in Fig. 1 that the side surface member (resin frame) is in surface contact with a surface of the sealing member in the first direction. See Fig. 1 below. With regards to claim 4, Tamaru teaches a plurality of bipolar electrodes stacked in a stacking direction which reads the electrode layered body including a plurality of bipolar electrodes as the plurality of electrodes (¶ 0039 and ¶0041). With regards to claim 5, Tamaru teaches that the sealing portion provided in the battery prevents liquid junction due to leakage of an electrolytic solution from the electrolyte layer (¶ 0002). This suggests that the battery is a liquid -based battery in which the electrode layered body contains a liquid electrolyte. With regards to claim 6, Tamaru teaches a method for manufacturing the battery comprising a process of fixing the separator to the electrode including the collector plate, the positive electrode layer, and the negative electrode layer (¶ 0054). This reads on a preparing step of preparing the layered member and the side surface member. Tamaru teaches forming the side surface member (resin frame) on the outer sides of the sealing member (spacer) fixed to the stacked electrodes (¶ 0053). As shown in Fig. 1, the sealing member (spacer) is arranged between the first protruding part and the second protruding part of the side surface member (resin frame). This reads on an arranging step of arranging the side surface member at the side surface part of the layered member so that the sealing member is arranged between the first protruding part and the second protruding part. As discussed above, modified Tamaru teaches including a first and second case formed on the side surfaces of the layered member (electrode stack) along with a restraining plate to form the outer package of the layered member. This reads on a covering step of covering the surface configuring the outer periphery of the side surface member and the surface configuring the outer periphery of the layered member with the outer package. As discussed earlier, Tamaru also teaches that the side surface member (resin frame) may be integrated by welding. As shown in Fig. 1, the first and second protruding parts are in contact with the restraining plates which are a part of the modified outer package. Since welding requires melting pieces together to bond materials together and the restraining plates which are a part of the outer package are in contact with the side surface member via welding, the integration of the side surface member by welding taught by Tamaru reads on a welding step of welding the outer package to the first protruding part and the second protruding part by heating a part of the outer package that covers the side surface member. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNSUYADOR YUSIF whose telephone number is (571)272-4531. The examiner can normally be reached 7 am - 5 pm (M-R). Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Galen H Hauth can be reached at (571) 270-5516. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /HUNSUYADOR MUGEESATU YUSIF/Examiner, Art Unit 1743 /ADAM J FRANCIS/Primary Examiner, Art Unit 1728
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Prosecution Timeline

Jan 30, 2024
Application Filed
Aug 11, 2026
Non-Final Rejection mailed — §103 (current)

Precedent Cases

Applications granted by this same examiner with similar technology

Patent 12665222
ELECTROLYTES COMPRISING TRIALKYLSILYL PHOSPHORUS ESTER ADDITIVES
3y 3m to grant Granted Jun 23, 2026
Study what changed to get past this examiner. Based on 1 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
100%
Grant Probability
99%
With Interview (+0.0%)
3y 2m (~7m remaining)
Median Time to Grant
Low
PTA Risk
Based on 3 resolved cases by this examiner. Grant probability derived from career allowance rate.

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