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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10-18-2023 and 07-08-2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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) 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over WO 2015/145800 A1 hereinafter [English equivalent EP 3125341 A1] hereinafter Ichiroh in view of U.S. Pre-Grant Publication No. 2009/0166213 hereinafter Dobashi.
Regarding Claims 1-5, Ichiroh teaches a lead-acid battery comprising: an electrode group formed by stacking a negative electrode and a positive electrode via a separator, the negative electrode includes a negative electrode current collector on which a negative electrode active material is formed, the positive electrode includes a positive electrode current collector on which a positive electrode active material is formed; and an electrolyte solution, wherein the positive electrode current collector (positive lead foil) constituting the lead-acid battery is made of a lead alloy and containing 0.05 to 0.1 % by mass of Ca, 1.2 to 2.2 % by mass of Sn, and 0.002 to 0.03 % by mass of In, with unavoidable impurities containing at least 0.001 to 0.04 % by mass of Bi, and the remainder being Pb (paragraph 8).
Ichiroh teaches that the lead alloy further comprises 0.003 to 0.2 % by mass of Ag (paragraph 10) but does not specifically disclose that the lead ally comprises Cu and the maximum valley depth Rv of the front or back surface of the lead foil (current collectror).
However, Dobashi teaches a copper foil used as a current collector for lithium-ion batteries (paragraph 17), wherein the copper foil is characterized by a low profile of surface roughness (Rzjis) of the precipitation surface side of which is 1.0 µm or less, and a gloss (Gs (60°)) of 400 or more (paragraph 62). Dobashi further teaches that the surface treated copper foil is an electrolytic copper foil in which one or two or more treatments of a roughening treatment, a rust prevention treatment, a silane coupling agent treatment are applied on the precipitation surface of the electrolytic copper foil. Further, characterized in that the surface of the above-described surface-treated copper foil to which the insulating resin base material is attached has a low profile with surface roughness (Rzjis) of 2 µm or less.
Therefore, it would have been obvious to one ordinary skill in the art to form such surface treated current collector which is characterized by a low profile of surface roughness (Rzjis) of the precipitation surface side of which is 1.0 µm or less before the effective filing date of the claimed invention because Dobashi discloses that such configuration can improve the mechanical strength of the foil, it is excellent in solution stability and can be stably used in long-term electrolysis (paragraphs 30-31).
The use of a known technique to improve similar devices (methods or products) in the same way is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S._,_, 82 USPQ2cl 1385, 1395 - 97 (2007) (see MPEP § 2143, C.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OSEI K AMPONSAH whose telephone number is (571)270-3446. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NICHOLAS A SMITH can be reached at (571)272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OSEI K AMPONSAH/ Primary Examiner, Art Unit 1752
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