DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 § 112
2. The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
3. Claims 1, 13, 17, 24, and 33 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
As to claim 1, “an aversive coating covering” is recited within line 7 and again within line 14. It is unclear if there are two different aversive coating coverings used within the present application or only a singular aversive coating covering. Additionally, the limitation “aversive coating covering” within claim 1 is unclear and ambiguous to what is covered within the claim.
As to claim 13, claim 13 contains the trademark/trade names Lubrizol 2063, Lubrizol 2062, DowSil Z-6136, DowSil 3-6121, and PP-6. Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify adhesion promotors and, accordingly, the identification is indefinite.
As to claim 17, claim 17 recites the limitation "the aversive taste agent" in line 2. There is insufficient antecedent basis for this limitation in the claim.
As to claim 24, claim 24 recites the limitation "the exterior" in line 2. There is insufficient antecedent basis for this limitation in the claim. Additionally, the limitation “aversive coating covering” within claim 24 is unclear and ambiguous to what is covered within the claim.
As to claim 33, claim 33 recites the limitation "the exterior" in line 2. There is insufficient antecedent basis for this limitation in the claim. Additionally, the limitation “aversive coating covering” within claim 33 is unclear and ambiguous to what is covered within the claim.
Claim Rejections - 35 USC § 102
4. 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.
5. Claims 1-3, 5, and 20 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Sano et al. (US-20240356118-A1, provided within IDS received on 10 October 2025).
As to claim 1, Sano discloses an electrochemical cell (figure 1, coin battery cell 1) comprising:
a positive terminal (figure 1, battery can 2) defining a first portion of an exterior of the electrochemical call (figure 1, battery can 2);
a negative terminal (figure 1, sealing plate 3) that is electrically insulated from the positive terminal (figure 1, gasket 7) and defining a second portion of the exterior of the electrochemical cell (figure 1, sealing plate 3);
wherein at least the part of the exterior of the electrochemical cell is prepared for adhesion with an aversive coating by performing a mechanical process or applying a composition to the exterior of the electrochemical cell to form a prepared exterior portion [0043];
an anode positioned within an interior of the electrochemical cell (figure 1, negative electrode 5) and in electrical connection with the negative terminal (figure 1, negative electrode 5);
a cathode positioned within the interior of the electrochemical cell (figure 1, positive electrode 4), wherein the cathode is electrically separated from the anode (figure 1, separator 6) and is in electrical connection with the positive terminal (figure 1, positive electrode 4); and
an aversive coating covering at least a part of the prepared exterior portion (figure 2, aversive layer 80, [0036]), wherein the aversive coating comprises:
an aversive agent composition [0036]; and
a water-soluble polymer [0041].
As to claim 2, Sano discloses the electrochemical cell as disclosed within claim 1, and further discloses wherein the aversive agent composition comprises at least on aversive taste agent selected from: denatonium benzoate (DNB), capsaicin, allyl isothiocyanate, or piperine [0037].
As to claim 3, Sano discloses the electrochemical cell as disclosed within claim 1, and further discloses wherein the water-soluble polymer is selected from the group consisting of polyvinyl alcohol (PVA), polyacrylic acid (PAA), polyacrylamide, and polyethylene glycol (PEG) [0041].
As to claim 5, Sano discloses the electrochemical cell as disclosed within claim 1, and further discloses wherein the aversive agent composition further comprises a colorant [0048-0051].
As to claim 20, Sano discloses the electrochemical cell as disclosed within claim 1, and further discloses wherein the electrochemical cell is a button cell or a coin cell (figure 1, coin battery cell 1).
6. Claims 24 and 33 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Knight et al. (WO-2020163546-A1, equivalent of US-20220127488-A1 provided within IDS received on 3 December 2024).
As to claim 24, Knight discloses a method of preparing an electrochemical cell [0077-0078], wherein at least a part of the exterior of the electrochemical cell is prepared for adhesion with an aversive coating by applying a primer [0077-0078], wherein the aversive coating comprises an aversive agent composition [0067] and a water-soluble polymer [0067], the method comprising:
preparing a primer solution (figure 1, coating composition 30), wherein the primer solution comprises 0.1 wt% to 0.5 wt% of the water-soluble polymer dissolved in one or more solvents ([0033] and [0043]);
applying the primer solution to at least part of the exterior of the electrochemical cell [0078];
drying the primer solution onto the exterior of the electrochemical cell to form a prepared exterior portion [0089];
preparing a coating solution [0067-0068], wherein the coating solution comprises the aversive agent composition and the water-soluble polymer [0067];
applying the coating solution to the prepared exterior portion of the electrochemical cell [0072]; and
drying the coating solution onto the prepared exterior portion of the electrochemical cell [0089].
As to claim 33, Knight discloses a method of preparing an electrochemical cell [0077-0078], wherein at least a part of the exterior of the electrochemical cell is prepared for adhesion with an aversive coating by applying a surface treatment composition [0077-0078], wherein the aversive coating comprises an aversive agent composition [0067] and a water-soluble polymer [0067], the method comprising:
preparing a surface treatment solution (figure 1, coating composition 30), wherein the surface treatment solution comprises an adhesion promotor, a surfactant, or an acid [0060] dissolved in one or more solvents [0043];
applying the surface treatment solution to at least part of the exterior of the electrochemical cell [0078];
drying the surface treatment solution onto the exterior of the electrochemical cell to form a prepared exterior portion [0089];
preparing a coating solution [0067-0068], wherein the coating solution comprises the aversive agent composition and the water-soluble polymer [0067];
applying the coating solution to the prepared exterior portion of the electrochemical cell [0072]; and
drying the coating solution onto the prepared exterior portion of the electrochemical cell [0089].
Claim Rejections - 35 USC § 103
7. 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.
8. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Sano et al. (US-20240356118-A1, provided within IDS received on 10 October 2025) as applied to claim 1, and further in view of Lin et al. (US-20080107966-A1) and Knight et al. (WO-2020163546-A1, equivalent of US-20220127488-A1 provided within IDS received on 3 December 2024).
As to claim 4, Sano discloses the electrochemical cell as disclosed within claim 1, and further discloses wherein the water-soluble polymer is PVA [0041]. However, Sano does not disclose wherein the PVA has a molecular weight of about 75,000 and is about 88% hydrolyzed.
Lin discloses water-soluble polymer compounds used within batteries, wherein the molecular weight of PVA is about 75,000 [0036] to improve the adhesion properties of the polymer. However, Lin does not disclose wherein the PVA is about 88% hydrolyzed.
Knight discloses coating compositions used to coat the surfaces of substrates such as batteries, wherein PVA is used as a water-soluble polymer and the PVA is about 88% hydrolyzed [0067] to improve the adhesion properties of the polymer [0015-0016].
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrochemical cell as disclosed within Sano to further require that the PVA used for the water-soluble polymer have a molecular weight of about 75,000 as disclosed within Lin and be about 88% hydrolyzed as disclosed within Knight to improve the adhesion properties of the polymer.
9. Claims 8-11 and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Sano et al. (US-20240356118-A1, provided within IDS received on 10 October 2025) as applied to claim 1, and further in view of Knight et al. (WO-2020163546-A1, equivalent of US-20220127488-A1 provided within IDS received on 3 December 2024).
As to claim 8, Sano discloses the electrochemical cell as disclosed within claim 1, but does not disclose wherein the composition applied to the exterior of the electrochemical cell is a primer, wherein the primer has a dry-weight composition comprising at least 50 wt% of a water-soluble polymer.
Knight discloses coating compositions used to coat the surfaces of substrates such as batteries, wherein the composition applied to the exterior of the electrochemical cell is a primer (figure 1, coating composition 30), wherein the primer has a dry-weight composition comprising at least 50 wt% of a water-soluble polymer [0136] to improve the adhesion properties of the solution [0013-0014].
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrochemical cell as disclosed within Sano to further require that the composition applied to the exterior of the cell is a primer that has a dry-weight composition comprising at least 50 wt% of a water-soluble polymer to improve the adhesion properties of the solution as disclosed within Knight.
As to claim 9, modified Sano discloses the electrochemical cell as disclosed within claim 8, but does not disclose wherein the water-soluble polymer of the primer is PVA or PAA.
Knight discloses coating compositions used to coat the surfaces of substrates such as batteries, wherein the water-soluble polymer of the primer can be PVA or PAA [0013] to improve the adhesive properties of the solution.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the electrochemical cell as disclosed within Sano to additionally require that the water-soluble polymer of the primer be PVA or PAA to improve the adhesion properties of the solution as disclosed within Knight.
As to claim 10, Sano discloses the electrochemical cell as disclosed within claim 1, but does not disclose wherein the composition applied to the exterior of the electrochemical cell is a surface treatment composition.
Knight discloses coating compositions used to coat the surfaces of substrates such as batteries, wherein the composition applied to the exterior of the electrochemical cell is a surface treatment composition (figure 1, coating composition 30) for deterring ingestion of the item the coating is applied to [0014].
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrochemical cell as disclosed within Sano to further require that the composition applied to the exterior of the electrochemical cell is a surface treatment composition for deterring ingestion of the item the coating is applied to as disclosed within Knight.
As to claim 11, modified Sano discloses the electrochemical cell as disclosed within claim 10, but does not disclose wherein the surface treatment composition comprises an acid.
Knight discloses coating compositions used to coat the surfaces of substrates such as batteries, wherein the surface treatment composition comprises an acid [0037-0040] to decrease the amount of coating composition that shears apart during application.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the electrochemical cell as disclosed within Sano to additionally require that the surface treatment composition comprises an acid to decrease the amount of coating composition that shears apart during application as disclosed within Knight.
As to claim 15, Sano discloses the electrochemical cell as disclosed within claim 1, but does not disclose wherein the composition applied to the exterior of the electrochemical cell comprises a surfactant.
Knight discloses coating compositions used to coat the surfaces of substrates such as batteries, wherein the composition applied to the exterior of the electrochemical cell comprises a surfactant [0060-0061] to improve the dispersion of the coating composition.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrochemical cell as disclosed within Sano to further require that the composition applied to the exterior of the electrochemical cell comprises a surfactant to improve the dispersion of the coating composition as disclosed within Knight.
As to claim 16, modified Sano discloses the electrochemical cell as disclosed within claim 15, but does not disclose wherein the surfactant is sodium dodecyl sulfate (SDS).
Knight discloses coating compositions used to coat the surfaces of substrates such as batteries, wherein the surfactant used is sodium dodecyl sulfate (SDS) [0060-0061] to improve the dispersion of the coating composition.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the electrochemical cell as disclosed within Sano to additionally require that the surfactant used is sodium dodecyl sulfate (SDS) to improve the dispersion of the coating composition as disclosed within Knight.
As to claim 17, modified Sano discloses the electrochemical cell as disclosed within claim 8, but does not disclose wherein the primer further comprises up to 10 wt% of the aversive taste agent.
Knight discloses coating compositions used to coat the surfaces of substrates such as batteries, wherein the primer further comprises up to 10 wt% of the aversive taste agent [0050-0051] to improve the ease of mixing the agent with other components of the composition.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the electrochemical cell as disclosed within Sano to additionally require that the primer further comprises up to 10 wt% of the aversive taste agent to improve the ease of mixing the agent with other components of the composition as disclosed within Knight.
As to claim 18, modified Sano discloses the electrochemical cell as disclosed within claim 8, but does not disclose wherein the primer has a thickness of less than 1 µm.
Knight discloses coating compositions used to coat the surfaces of substrates such as batteries, wherein the primer has a thickness of less than 1 µm [0071] so that the coating will quickly dissolve.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the electrochemical cell as disclosed within Sano to additionally require that the primer has a thickness of less than 1 µm so that the coating will quickly dissolve as disclosed within Knight.
10. Claims 12 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Sano et al. (US-20240356118-A1, provided within IDS received on 10 October 2025) as applied to claim 1, and further in view of Edgington (US-6037014-A).
As to claim 12, Sano discloses the electrochemical cell as disclosed within claim 1, but does not disclose wherein the composition applied to the exterior of the electrochemical cell comprises an adhesion promoter.
Edgington discloses a coating composition for coating a substrate, wherein the coating composition applied to the exterior of the substrate comprises an adhesion promoter (column 8 lines 11-27) to improve the adhesion of the coating to a substrate. Edgington is analogous art with the present application because it would be reasonably pertinent to use the teachings of Edgington to solve the problem of the present application of needing to add an adhesion promotor to the composition to improve adhesion to the electrochemical cell.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrochemical cell as disclosed within Sano to further require that the coating composition applied to the exterior of the substrate comprises an adhesion promotor to improve the adhesion of the coating to a substrate as disclosed within Edgington.
As to claim 13, modified Sano discloses the electrochemical cell as disclosed within claim 12, but does not disclose wherein the adhesion promoter is Lubrizol 2063, Lubrizol 2062, DowSil Z-6137, DowSil 3-6121, or PP-6.
Edgington discloses a coating composition for coating a substrate, wherein the adhesion promoter is Lubrizol 2062 (column 8 lines 11-27) to improve the adhesion of the coating to a substrate. Edgington is analogous art with the present application because it would be reasonably pertinent to use the teachings of Edgington to solve the problem of the present application of needing to add Lubrizol 2062 as an adhesion promotor to the composition to improve adhesion to the electrochemical cell.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the electrochemical cell as disclosed within Sano to additionally require that the adhesion promoter used is Lubrizol 2062 to improve the adhesion of the coating to a substrate as disclosed within Edgington.
11. Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Sano et al. (US-20240356118-A1, provided within IDS received on 10 October 2025) as applied to claim 1, and further in view of Laulicht et al. (US-20240014474-A1, equivalent of US-12315942 provided within IDS received on 10 October 2025).
As to claim 19, Sano discloses the electrochemical cell as disclosed within claim 1, but does not disclose wherein the exterior of the electrochemical cell is prepared for adhesion by sandblasting, abrasion with sandpaper, tumbling, or milling.
Laulicht discloses an electrochemical cell having a coating, wherein the exterior of the electrochemical cell is prepared for adhesion by sandblasting [604] to increase the surface roughness of the exterior. However, it is appreciated that while Laulicht discloses using sandblasting to prepare the surface of the electrochemical cell for adhesion, the product-by-process limitations of claim 19 (sandblasting, abrasion with sandpaper, tumbling, or milling) are not given patentable weight since the courts have held that patentability is based on a product itself, even if the prior art product is made by a different process (In re Thorpe, 227 USPQ 964, 1985). Moreover, a product-by-process limitation is held to be obvious if the product is similar to a prior art product (In re Brown, 173 USPQ, and In re Fessman, 180 USPQ 32).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrochemical cell as disclosed within Sano to further require that the exterior of the electrochemical cell is prepared for adhesion by sandblasting to increase the surface roughness of the exterior as disclosed within Laulicht.
12. Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Sano et al. (US-20240356118-A1, provided within IDS received on 10 October 2025) as applied to claim 1, and further in view of Kuo et al. (US-20160226039-A1, provided within IDS received on 10 October 2025).
As to claim 23, Sano discloses the electrochemical cell as disclosed within claim 1, but does not disclose wherein the electrochemical cell is packaged in child-resistant packaging.
Kuo discloses a safe package for micro batteries, wherein the electrochemical cell is packaged in child resistant packaging (figure 1, package 100, abstract) to prevent children from accessing and swallowing the battery.
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrochemical cell as disclosed within Sano to further require that the electrochemical cell be packaged in child resistant packing to prevent children from accessing and swallowing the battery as disclosed within Kuo.
Conclusion
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/J.J.S./ Examiner, Art Unit 1727
/Maria Laios/ Primary Examiner, Art Unit 1727
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