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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 12/12/2023 is 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 § 102
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 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.
Claims 1-3, 5, 8-12, and 14-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kiyono (JP 2008293909 A).
Regarding claim 1, Kiyono discloses a battery comprising:
A power generator (Figure 1; battery element 1); and
A covering body coving the power generator (Figures 1-2; rectangular exterior member 20), wherein
The power generator includes:
A positive electrode layer (positive electrode 11; [0023]);
A negative electrode layer (negative electrode 12; [0027]); and
A solid electrolyte layer positioned between the positive electrode layer and the negative electrode layer (Figure 3; [0035] electrolyte layer 14 have be a solid electrolyte and placed between the positive and negative electrodes [0040]),
At least one selected from the group consisting of the positive electrode layer, the solid electrolyte layer, and the negative electrode layer contains a halogen-containing solid electrolyte ([0040] polyvinylidene fluoride can be used as well as tetrafluoroethylene and other materials),
The covering body includes:
A base material layer (Figure 2; resin layer 25);
A resin layer (Figure 2; inner resin layer 23); and
A metal layer positioned between the base material layer and the resin layer (Figure 2; metal layer 21), and
The resin layer is disposed so as to face the power generator and contains a halogen-containing polymer (Figure 2; inner resin layer 23 faces electrode assembly; [0020] resin layer can be a poly (propylene-co-vinylidene fluoride, as well as vinylidene fluoride copolymers).
Regarding claims 2-3, Kiyono discloses all the claim limitations of claim 1. Kiyono further discloses wherein the metal layer contains aluminum ([0050] metal layer is aluminum).
Regarding claim 5, Kiyono discloses all the claim limitations of claim 1. Kiyono further discloses a primer layer positioned between the metal layer and the resin layer (Figure 2; adhesive layer 22 is read as the primer layer as the primer layer can be an adhesive).
Regarding claim 8, Kiyono discloses all the claim limitations of claim 1. Kiyono further discloses wherein the resin layer further contains a polymer containing no halogen ([0020] inner resin layer 23 can be a copolymer that can include propylene).
Regarding claim 9, Kiyono discloses all the claim limitations of claim 1. Kiyono further discloses wherein the halogen containing polymer is a polymer containing fluorine atoms or chlorine atoms ([0020] vinylidene fluoride can be a copolymer with the propylene).
Regarding claims 10-12, Kiyono discloses all the claim limitations of claim 9. Kiyono further discloses wherein the halogen containing polymer is a fluorine containing polymer ([0020] vinylidene fluoride can be a copolymer with the propylene), and
The fluorine containing polymer contains at least one selected from the group consisting of tetrafluoroethylene, polyvinylidene fluoride ([0020] vinylidene fluoride can be a copolymer with the propylene).
Regarding claim 14, Kiyono discloses a battery body comprising:
A base material layer (Figure 2; resin layer 25);
A resin layer (Figure 2; inner resin layer 23); and
A metal layer positioned between the base material layer and the resin layer (Figure 2; metal layer 21), and
The resin layer contains a halogen-containing polymer (Figure 2; inner resin layer 23 faces electrode assembly; [0020] resin layer can be a poly (propylene-co-vinylidene fluoride, as well as vinylidene fluoride copolymers).
Regarding claim 15, Kiyono discloses all the claim limitations of claim 14. Kiyono further discloses a primer layer positioned between the metal layer and the resin layer (Figure 2; adhesive layer 22 is read as the primer layer as the primer layer can be an adhesive).
Regarding claim 16, Kiyono discloses all the claim limitations of claim 14. Kiyono further discloses wherein the metal layer contains aluminum ([0050] metal layer is aluminum).
Regarding claim 17, Kiyono discloses all the claim limitations of claim 14. Kiyono further discloses wherein the halogen containing polymer is a polymer containing fluorine atoms or chlorine atoms ([0020] vinylidene fluoride can be a copolymer with the propylene).
Regarding claims 18-20, Kiyono discloses all the claim limitations of claim 17. Kiyono further discloses wherein the halogen containing polymer is a fluorine containing polymer ([0020] vinylidene fluoride can be a copolymer with the propylene), and
The fluorine containing polymer contains at least one selected from the group consisting of tetrafluoroethylene, polyvinylidene fluoride ([0020] vinylidene fluoride can be a copolymer with the propylene).
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kiyono (JP 2008293909 A).
Regarding claim 4, Kiyono discloses all the claim limitations of claim 1. Kiyono further discloses wherein the resin layer contains a poly(propylene-co-vinylidene fluoride copolymer ([0020]) and discloses a thickness of 3-50 μm for the inner resin layer ([0020]). Kiyono further discloses wherein the solid electrolyte can be made of a copolymer of vinylidene fluoride ([0035]) and thus made of a same halogen containing polymer than that of the resin. Figures 1-3 shows approximately that the resin layer could be the same or similar thickness with the solid electrolyte. While Kiyono is silent with respect to wherein an ion radius of halogen contained in the resin layer being equal to or smaller than an ion radius of halogen contained in the solid electrolyte, it would have been obvious for the ion radius of the halogen containing material to be the same in the resin layer and the solid electrolyte as both can be made of a vinylidene fluoride material and thus both contain the fluoride halogen material and thus would be expected to have the same ion radius absent evidence of criticality or any unexpected results. Therefore, Kiyono would render obvious all the claim limitations of claim 4 as the halogen containing material is the same material (vinylidene fluoride) used in the solid electrolyte layer and the resin layer and thus would be expected to have the same ion radius for the halogen (fluoride ion).
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kiyono (JP 2008293909 A) as applied to claim 5 above, and further in view of Shimamura et al. (US 2004/0043289 A1).
Regarding claims 6-7, Kiyono discloses all the claim limitations of claim 5. Kiyono discloses an adhesive layer that reads as the primer layer, however, is silent with respect to the material of the adhesive layer being a titanate coupling agent.
Shimamura discloses a laminate packaging flat cell and is analogous with the instant invention as being within the same field of endeavor of battery cells. Shimamura further discloses an olefin resin that is used as an adhesive layer for within the laminate film that is formed of a titanate coupling agent for adhering the laminate ([0006]).
Therefore, it would have been obvious in view of a skilled artisan to use the adhesive titanate coupling agent of Shimamura for the adhesive of Kiyono that is provided between the metal layer and the resin layer to adhere the resin layer and the metal layer together. The titanate coupling agent is a known material that is used for an adhesive and thus it would have been obvious in view of a skilled artisan to use the titanate coupling agent in place of the adhesive of Kiyono. Thus all the claim limitations of claims 6-7 are rendered obvious as the titanate coupling agent is made out of titanium.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kiyono (JP 2008293909 A) as applied to claim 1 above, and further in view of Momma et al. (US 2023/0055781 A1).
Regarding claim 13, Kiyono discloses all the claim limitations of claim 1. Kiyono is silent with respect to a concentration gradient of the halogen of the resin layer.
Momma discloses a secondary battery comprising a positive electrode and is analogous with the instant invention as being within the same field of endeavor of batteries. Momma discloses wherein an element x that can include a halogen has a concentration gradient that increases from the inner portion towards a surface in order to provide reinforcement and prevent cracks from forming due to stress ([0126-0129]). Momma discloses an active material having the concentration gradient, however, the same principles can be used within the halogen containing resin layer of the housing to provide structural support and prevent cracks from occurring within the housing and resin layer.
Therefore, it would have been obvious in view of a skilled artisan to incorporate the teaching of Momma such that the halogen containing resin layer has a concentration gradient that becomes higher from a side facing the metal layer toward a side facing away from the metal layer to provide structural support and prevent cracks from occurring in the housing of Kiyono. The resulting modification would render obvious all the claim limitations of claim 13.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kuriki et al. (US 2023/0327092 A1)- discloses an electrode and secondary battery having a region that can contain a halogen and may have a concentration gradient in which the element such as the halogen decreased gradually from the surface or the vicinity of the surface to the inner portion. Kuriki is analogous with the concentration gradient of the claimed invention.
Yamashita (JP 2012164680 A-as cited in the IDS)- discloses a polymer battery having a casing structure that contains a halogen resin such as a fluorine resin and is analogous with the instant invention as being related to the battery housing of the claimed invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adam J Francis whose telephone number is (571)272-1021. The examiner can normally be reached M-Th: 7 am-4 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at (571)270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM J FRANCIS/Primary Examiner, Art Unit 1728
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