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 .
Status of Claims
Claim(s) 1-6 are pending in the current application and under consideration on the merits.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 29 February 2024 have been considered by the examiner.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sanyo Electric Co. (JP 603855 A "Sanyo").
Regarding claim 1, Sanyo teaches a nickel-zinc secondary battery (nickel-zinc storage battery, pg. 1 line 53) comprising, in a sealed container (FIG. 1) a positive electrode (pg. 1, lines 38-39), a negative electrode (pg. 1 line 10), a separator (plurality of layers of separators, pg. 1, line 22) provided between the positive electrode and the negative electrode (pg. 1, lines 22-23), and an electrolytic solution (pg. 1, line 42), wherein an oxygen absorber (e.g. vinylon nonwoven fabric, pg. 1, line 49) is provided in a position where oxygen generated in the positive electrode in the sealed container is absorbable.
Regarding claim 2, Sanyo teaches the nickel-zinc secondary battery according to claim 1, wherein the position where oxygen generated in the positive electrode is absorbable in a position between the positive electrode and the negative electrode (e.g. A plurality of layers of separators are provided between the two electrodes [pg. 1 lines, 22-23]).
Regarding claim 3, Sanyo teaches the nickel-zinc secondary battery according to claim 1, wherein the oxygen absorber comprises vinylon(e.g. vinylon nonwoven fabric, pg. 1, line 49).
Regarding claim 4, Sanyo teaches the nickel-zinc secondary battery according to claim 1, wherein the oxygen absorber is in the form of a nonwoven fabric, and the positive electrode and/or the negative electrode is covered with the nonwoven fabric (a non-woven nylon fabric is used as the separator in contact with the positive electrode to form a multilayer separator, pg. 1, lines 27-28).
Regarding claim 5, Sanyo teaches the nickel-zinc secondary battery according to claim 4, wherein the nonwoven fabric contains vinylon (nonwoven fabric composed of cellulosic fiber and vinylon fiber in contact with the positive electrode, pg. 2, lines 63-64).
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 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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sanyo Electric Co. (JP 603855 A "Sanyo") in view of Imoto et al., (US 20190190083 A1, “Imoto”).
Sanyo teaches the nickel-zinc secondary battery of claim 1 as described above. Sanyo also teaches the use of zinc as a negative electrode active material (pg. 1, lines 9-10)
Sanyo fails to teach that the positive electrode contains nickel hydroxide and/or nickel oxyhydroxide.
Imoto teaches a nickel hydrogen secondary battery including a positive electrode, an alkali electrolyte solution, a separator, and a negative electrode [0061-0062]. The positive electrode active substance contains nickel hydroxide [0024].
Sanyo and Imoto each constitute prior art which is analogous to the claimed invention – a nickel-based battery. It would have been obvious to one having ordinary skill in the art at the time the invention was made for the positive electrode of Sanyo to contain nickel hydroxide as taught in Imoto improve the conductivity of the battery (Imoto, [0025]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANDRA BROWN whose telephone number is (571)270-0345. The examiner can normally be reached Monday thru Thursday 6:15 am - 4:45 pm EST.
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, Aaron Austin can be reached at (571) 272-8935. 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.
/SANDRA BROWN/Examiner, Art Unit 1782
/AARON AUSTIN/Supervisory Patent Examiner, Art Unit 1782
Prosecution Insights