Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
DETAILED ACTION
This Office action is in response to Application No. 18/463,379 to Gaugler, assigned to VARTA Microbattery GmbH, Ellwangen, Germany, filed 09/08/2023 as published on 12/28/2023 as U.S. PG Publication 2023/0420771A1.
This application is a continuation of U.S. Application No. 17/697,059, filed 03/17/2022, which is a divisional of U.S. Application No. 17/465,940, filed 09/03/2021 (now U.S. Patent No. 11,362,385), which is a divisional of U.S. Application No. 17/238,329, filed 04/23/2021 (now U.S. Patent No. 11,158,896), which is a divisional of U.S. Application No. 17/173,222 (now U.S. Patent No. 11,024,907), filed 02/11/2021, which is a divisional of U.S. Application No. 15/699,435, filed 09/08/2017 (now U.S. Patent No. 11,024,904), which is a divisional of U.S. Application No. 13/378,117 filed 12/14/2011 (now U.S. Patent No. 9,799,858), which is a §371 of International Application No. PCT/EP2010/058637, with an international filing date of 06/18/2010 (WO2010/146154A2, published 12/23/2010), which is based on German Patent Application Nos. 102009030359.6, filed 06/18/2009, and 10 2009 060 800.1, filed 12/31/2009.
Claims 1-20 are currently pending in this application.
Foreign Priority Benefit
Acknowledgment is made of applicant’s claim to foreign priority benefit from German patent application GERMAN 10 2009 030 359.6 filed 06/18/2009, GERMANY 10 2009 060 800.1 12/31/2009 Certified copy of the priority document GERMAN 10 2009 030 359.6 has been filed with Application No. 13/146,669 and is made of record. Certified copy of the priority document GERMAN 10 2009 060 800.1 12/31/2009 has been filed with Application No. 13/378,117 and is made of record.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/15/2023, 06/17/2024 and 01/10/2025 have been placed in the application file and the information referred to therein has been considered by the examiner. Duly initialed and signed copies are attached herewith. Accordingly, information disclosure statement(s) is/are being considered if signed and initialed by Examiner.
It is noted that the applicant has listed a large number of documents for consideration in the Information Disclosure Statements, IDS, submitted in this application on 09/15/2023. As noted in MPEP 2001.05, if information is not material, there is no duty to disclose the information to the Office. Information is not material unless it comes within the definition of 37 CFR 1.56(b)(1) or (2). As noted in MPEP 2004 (Section 13), it is desirable to avoid the submission of long lists of documents if it can be avoided. It is suggested that applicants eliminate clearly irrelevant and marginally pertinent cumulative information. If a long list is submitted, highlight those documents which have been specifically brought to applicant's attention and/or are known to be of most significance. In the case of lengthy documents, concise explanations (especially those which point out the relevant pages and lines) are helpful to the Office, particularly where documents are lengthy and complex and applicant is aware of a section that is highly relevant to patentability. Consideration by the examiner of the information submitted in an IDS means that the examiner has considered the documents in the same manner as other documents in Office search files are considered by the examiner while conducting a search of the prior art in a proper field of search, 609.05(b). Foreign language documents have been considered for relevance in light of information provided by applicant under guidelines in MPEP 609.04(a)(111). For further reference, see MPEP 609.04(a) III and MPEP 2004 (13).
Drawings
The drawings filed on 09/08/2023 are acceptable for examination purposes
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 AJA 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 AJA. A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The 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/ATA/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/process/file/efs/guidance/eTD-info-Ljsp
Claims 1-10 rejected on the ground of nonstatutory double patenting as being unpatentable over claims, 1, 2, 3, 4, 7, 10, 14, 15, 18 of U.S. Patent 11,158,896.
Claim 1 of instant application discloses a method of producing a button cell, the method comprising providing a metal cell cup, a metal cell top, a first electrode including an active material-free region and attaching a first metal foil conductor to the coating free region, a second electrode including an active material-free region. Claim 1 and claim 2 discloses applying an insulator to a rear side of the metal foil conductor. Claim 10 disclosing attaching a second metal foil to the coating free region of the current collector, and applying a second insulator to the second metal foil, Claim 3 and 10 discloses folding the first metal foil conductor, and the second metal foil conductor to bear flat on the first and second end faces of the cylindrical winding respectively, and the first insulator and second insulator between the first metal foil and the second metal foil and the first and second end faces of the electrode winding. Claim 1 discloses forming a cylindrical electrode winding by winding an electrode assembly including the first and second electrode and a first separator and a second separator in a spiral; where the first and second foil conductors extend out of the cylindrical electrode winding; and welding the first metal foil conductor to a fist housing part, the first housing part is one of the metal cell cup or the metal cell top, and assembling the metal cell cup and the metal cell top to form a housing in which the cylindrical electrode winding is disposed. Claim 1 of U.S. Patent 11,158,896 also recites a method of producing a button cell. The method comprising providing a first metal housing and a second metal housing, considered equivalent to the metal cell cup and metal cell top, providing a positive electrode and a negative electrode, considered equivalent to the first electrode and second electrode; Claim 14 discloses an uncoated portion of the first current collector and an uncoated region of the second current collector, equivalent to a first current collector partially coated with first active material. Claim 1 discloses positioning a first insulator between the first conductor and the first end side of the electrode winding, equivalent to applying insulator to a rear side of the first current collector; bending a portion of the first metal foil conductor, equivalent to the folding of the metal foil. Claim 2 also discloses bending a portion of the second metal foil, equivalent to the folding of the second metal foil. Claim 1 discloses providing a cylindrical electrode winding by winding an electrode assembly that includes the positive electrode, the negative electrode and a separator; providing a first conductor and a second conductor electrically connect to the first housing plane region and the second housing plane region, considered equivalent to the first and second metal foil conductors welded to the metal cell cup and metal cell top; and forming a cell housing by assembling together the first metal housing part and the second metal housing part.
Claim 4 and 5 of the instant application recite a method wherein a winding include an axial cavity and the metal foil conductor overlaps with an axial end of the winding core. Claim 7 of U.S. Patent 11,158, 896 recites the electrode winding includes a winding open cavity extending along the axis, equivalent to the axial cavity and the end of the conductive metal foil corresponds to the cavity.
Claim 6 of the instant application recites the second portion of the first metal foil conductor is welded to the housing part in a region of the first housing that overlaps the cavity. Claim 3 of U.S. Patent 11,158,896 discloses welding the strip-shaped second portion of the conductor metal foil.
Claim 7 of the instant application recites wherein the first metal foil conductor is a metal foil strip having first and second longitudinal edges extending along the length of the foil and terminal edge. Claim 1, 2, 3, 4 of the U.S. Patent 11,158,896 discloses the metal conductor foil has a strip shaped
Claim 8 of the instant application recites applying the insulator comprises adhesively bonding the insulator to a rear side of the metal foil. Claim 10, 18 of U.S. Patent 11,158,896 recites bonding fixing the first conductor to the first end side is carried with an adhesive insulator.
Claim 9 of the instant application recites wherein the method comprise welding the first portion of the first metal foil conductor to the active material-free region of the current collector. Claim 15 of U.S. Patent 11,158,896 discloses connecting the first conductor to the uncoated portion of the first current collector is performed by welding.
Claims 11-20 rejected on the ground of nonstatutory double patenting as being unpatentable over claims, 1, 3, 8, 9, 10, 11, 12, 13, 15, 18 U.S. Patent 11,217,844.
Claim 11 of the instant application recites a button cell comprising a metal cell cup, a cell top, a first electrode, and a second electrode, including a first and second current collectors coated with electrode active material, a metal foil conductor attached to the current collector along a first portion, and an insulator applied on the conductor metal foil on a rear side of the metal foil conductor along a second portion; and the second portion welded to the housing part; the electrode assembly is wound in spiral form and accommodated in the housing. Claim 12 of the instant application recites a further insulator applied to the current collector. Claim 20 of the instant application also recites a second metal foil conductor and a second insulator applied on the second metal conductor. Claim 1 of U.S. Patent 11,217,844 also recites a button cell comprising two metal housing components, an electrode separator assembly comprising a positive electrode, and a negative electrode, the electrode separator assembly is provided in the form of a winding, each of the positive electrode and negative electrode include a strip-shaped current collector comprising sections that are coated with active and section not coated with active material; a first metal conductor and a second metal conductor each electrically connected to the positive electrode and negative electrode and the housing components. Claim 10 of U.S. Patent 11,217,844 recites insulating tapes tape adhesively bonded to a side of the metal foil conductor.
Claim 13 of the instant application recites the first metal foil conductor extends out of the electrode winding first end and is folded towards the rear side such that it is flat on the first end face of the electrode winding. Claim 13 of U.S. Patent 11,217,844 also recites the first or second metal conductor is aligned axially at 90 degrees angle to the winding direction and folded down by 90 degrees to bear flat on an end side of the winding.
Claim 14 and 15 of the instant application recite the electrode winding include an axial cavity, wherein the second portion of the first metal foil and second metal foil overlap. Claims 8, 9, 11, 12 of U.S. Patent 11,217,844 recite the electrode winding has centrally located axis and an open cavity extending along the axis equivalent to the axial cavity.
Claim 16 recites the second portion of the metal foil conductor is welded to the first housing part. Claim 8 of the U.S. patent 11,217,844 recites the first or second metal conductor is attached by welding to the planar bottom region or the planar top region of the subregion of the housing.
Claim 17 of the instant application recites the metal foil conductor is a metal foil strip having a length and a terminal edge. Claim 18 of U.S. Patent 11,217,844 recites where one or both of the first meta conductor and the second metal conductor is a metal foil and has a length and an edge.
Claim 18 of the instant application recites the insulator is adhesively bonded to a rear side of the metal foil conductor. Claim 10 of the U.S. Patent 11,217,844 recites an insulating tape adhesively bonded to a side of the one of the metal foil conductors.
Claim 19 of the instant application recites the first portion of the metal foil conductor is welded to the active material-free region of the current collector. Claim 1, 3, 15 of U.S. Patent 11,217,844 recites the first or the second metal conductor is attached by welding to the uncoated section of the current collector.
Claim Rejections - 35 USC § 103
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 1-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi et al. (JP 2007294111, cited in the IDS filed 09/15/2023; English language translation filed 01/10/2025) in view of Isato et al. (JP 2008262825, also cited in the IDS dated 09/15/2023; the English language machine translation used here).
Regarding claim 1, 10, 11, 20 Kobayashi discloses a coin or button-shaped flat non-aqueous electrolyte secondary battery and a method of forming the battery (Kobayashi Fig. 1, paragraph 0001, 0012, 0046) comprising a metal case 22 serving as a negative electrode terminal and a metal case 21 serving as a positive terminal are fitted via insulating gasket for housing an electrode group (Kobayashi Fig. 10, paragraph 0013, 0046) considered equivalent to the metal cell cup and cell top.
Kobayashi discloses the positive electrode 1 and the negative electrode 2 each including a positive current collector 1a and a negative current collector 2a in the form of a metal foil coated on both sides with active electrode material, and each of the current collectors comprises an uncoated section 1c and 2c (Kobayashi Fig. 2, 3, 6); thus providing a first electrode current collector partially coated with a first active material and a second electrode current collector also partially coated with a second electrode active material.
Kobayashi discloses positive electrode terminal plate 4a and negative electrode terminal plate 5a functioning as conductors and electrically connecting the positive electrode 1 and the negative electrode 2 to the housing halves 11, 13, wherein both metal foils 4a and 5a bear flat on an inner surface of the planar bottom region 13 or the planar top region 11 (Kobayashi Fig. 1, 4, 5, 6), the electrode terminal plate 4a and 5a are considered equivalent to the first metal foil conductor recited in claim 1 and 11 and the second metal conductor recited in claim 10 and 20; the electrode terminal plates 4a, 5a, are attached and electrically connected to the uncoated portion 1c and 2c, one of the metal foils is attached by a weld to one of the uncoated sections and one of the planar bottom and top regions (Kobayashi paragraph 0018, 0033), another one of the metal foils is attached by a weld to another one of the uncoated sections and to another one of the planar bottom and top regions (Kobayashi paragraph 0034).
Kobayashi discloses insulators 8, 9 disposed to prevent direct electrical contact between one of the metal foil conductors 4a, 5a and an adjacent one of the end sides of the electrode separator assembly (Kobayashi Fig. 1), but is silent about applying an insulator to a rear side of the metal foil conductor along the second portion of the metal foil. Isato teaches a coin secondary battery cell (Isato paragraph 0009, Claim 1) having two metal housing haves 13, 15 forming a housing having a plane bottom region and a plane top region parallel to thereto (Isato Fig. 3, 4, 5). Isato also teaches an electrode separator assembly comprising of a negative and a positive electrode the electrode assembly is in the form of winding (Isato paragraph 0009). Isato teaches the metal foil negative electrode lead 12, equivalent to the metal conductor, bearing flat on the lid 15 and the insulating plate 14 (Isato Fig. 4), the lid 15 and the negative pole terminal 16 are insulated with insulating packing 17 equivalent to the insulator applied on the rear side of metal foil conductor (Isato paragraph 0033-0034, Fig. 4). Therefore, it would have been obvious to a person of ordinary skill in the art to have modified the battery of Kobayashi by the teaching of Isato and to have applied an insulator on the rear side of the conductor metal foil to prevent short circuit of the electrode assembly. Such a modification according to the MPEP is considered the use of known technique to improve similar devices (methods, or products) in the same way (MPEP 2143 I C).
Kobayashi discloses the cathode and the anode, equivalent to the first electrode and second electrode, both in a sheet form, are wound to be opposite each other via a separator (Kobayashi Fig. 1, paragraph 0015, 0032) considered equivalent to the electrode assembly that is wound in spiral to form an electrode winding.
Kobayashi also discloses the positive electrode terminal plate 4a and negative electrode terminal 5a considered equivalent to the first metal foil conductor recited in claim 1 and claim 11 and the second metal conductor recited in claim 10 and claim 20 are welded to parts of the housing functioning as the electrode terminals (Kobayashi paragraph 0018, 0033).
Regarding claim 2 and 12 regarding applying a further insulator applied to the active material free region of the current collector and / or on a frontside of the first metal foil conductor would have been obvious to a person of ordinary skill for further preventing short circuiting of the electrode assembly as taught by Isato (Isato paragraph 0033-0034, Fig. 4) and only constitute duplication of parts since according to the MPEP duplication of part is duplication of parts or rearrangement of parts has no patentable significance unless a new and unexpected result is provided. According to the MPEP mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04 VI B.
Regarding claim 3 and 13 Kobayashi discloses the electrode terminal 4, 5 considered equivalent to the metal foil conductor has a bend shape (Kobayashi Fig, 4, 5), and thus, is considered to be folded such one side bear flat on the end face of the winding electrode. Thus, the electrode assembly of Kobayashi as modified by the insulator of Isato (Isato paragraph 0033-0034, Fig. 4) will have the insulator disposed between the second electrode terminal and the face end of the winding electrode.
Regarding claim 4, 5, 14, 15 Kobayashi discloses the winding electrode assembly has a spiral shape and has a winding shaft core (Kobayashi paragraph 0009, 0030), and the electrode terminal plate are placed on the winding shaft center 7 (Kobayashi paragraph 0031), thus, overlapping with the axial wining shaft core.
Regarding claim 6 and 16 Kobayashi discloses welding of the negative electrode terminal and the negative electrode case, and welding of the positive electrode terminal to the positive electrode case (Kobayashi paragraph 0034).
Regarding claim 7 and 17 Kobayashi discloses a disk-shaped positive electrode terminal plate 4a and a terminal connecting portion 4b, and a disk-shaped negative electrode terminal plate 5a and a terminal connecting portion 5b (Kobayashi paragraph 0028). However, it would have been obvious to a person of ordinary skill to have made the shape of the electrode terminal plate into a strip shape since according to the MPEP it would only constitute a change is shape, and is a matter of design choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular shapes of electrode terminal are significant (In re Dailey, 357 F. 2d 669, 149 USPQ 47 (CCPA 1966) (See MPEP 2144 IV B). The terminal plate is considered equivalent to the metal foil conductor. It would have also been obvious to the person of ordinary skill to have made the insulator extend along the length of the strip and beyond the terminal edge to ensure complete insulation of the metal strip.
Regarding claim 8 and 18 Isato discloses the lid 15 and the negative pole terminal 16 are insulated with insulating packing 17 (Isato paragraph 0033-0034, Fig. 4), and the insulating packing 17 is a polymeric material such as polypropylene (PP) (Isato paragraph 0033) considered equivalent to the insulating tape adhesively bonded to the metal foil conductor.
Regarding claim 9 and 19 Kobayashi discloses the electrode terminal plates 4a, 5a, are attached and electrically connected to the uncoated portion 1c and 2c of the current collector, one of the metal foils is attached by a weld to one of the uncoated sections (Kobayashi paragraph 0018).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR M KEKIA whose telephone number is (571)270-5918. The examiner can normally be reached 9:00am-5:00 pm,.
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/OMAR M KEKIA/Examiner, Art Unit 1722
/ANCA EOFF/Primary Examiner, Art Unit 1722