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 .
Claim Objections
Claims 1-3 are objected to because of the following informalities: Claims 1-3 recite “silicone”, which appears to be a typographical error. It is believed that these claims were intended to recite “silicon” instead. Appropriate correction is required.
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.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Harayama et al. (hereinafter “Harayama”) (U.S. Pub. No. 2016/0099441 A1) in view of Zguris et al. (hereinafter “Zguris”) (U.S. Pub. No. 2004/0096670 A1).
Regarding claim 1, Harayama teaches a lithium ion secondary battery 10 comprising a structure in which a wound electrode assembly 30 (electrode body) is housed with a suitable electrolyte solution in a rectangular outer case 20 (see paragraph 38). The outer case 20 includes a case main body 20 and a lid 22 (see paragraph 40). A terminal 40 connected to the electrode assembly 30 is led to the outside from a through hole 242 in the lid 22 and is separated from the lid outer surface 22A by an outside resin member 60 (see Abstract). The through hole 242 is sealed on a lid inner surface by an inside resin member 50 (resin member having an inner exposed surface exposed inside the case) (see paragraph 51). The inside resin member 50 may be formed from the same resin composition as the outside resin member 60 (see paragraph 78). This resin composition comprises a resin matrix 62 and an inorganic fiber 64 dispersed in the resin matrix 62 (see paragraph 64). The inorganic fiber 64 may comprise a glass fiber (glass filler) (see paragraph 66).
Although Harayama teaches that the inorganic fiber 64 may comprise SiO2 as a main component (see paragraph 66), Harayama does not explicitly teach a number of atoms ratio of group 2 elements to silicon in the glass filler
Zguris teaches a glass fiber composition suitable for use as a battery insulation material, the glass fiber composition comprising 54-70 wt% of SiO2, 3-7 wt% of CaO, 1-5 wt% of MgO, and 0-5 wt% of BaO (see paragraphs 12 and 41; Table 1). This composition corresponds to a number of atoms ratio of group 2 elements to silicon that is approximately 6.7% to approximately 31.3%. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have adapted the glass fiber composition of Zguris to the inorganic fiber of Harayama because the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Regarding claim 2, in the glass fiber composition of Zguris, a mass ratio magnesium to silicon is approximately 1.8% to approximately 11.9%.
Regarding claim 3, in the glass fiber composition of Zguris, a mass ratio of calcium to silicon is approximately 6.5% to approximately 19.8%.
Regarding claims 4-6, as described above, Harayama teaches that the terminal 40 connected to the electrode assembly 30 is led to the outside from a through hole 242 in the lid 22 and is separated from the lid outer surface 22A by an outside resin member 60 (see Abstract). The through hole 242 is sealed on a lid inner surface by an inside resin member 50 (see paragraph 51).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHAN J ESSEX whose telephone number is (571)270-7866. The examiner can normally be reached Monday - Friday, 8:30 am - 6:00 pm.
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, Barbara Gilliam can be reached at (571) 272-1330. 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.
/STEPHAN J ESSEX/Primary Examiner, Art Unit 1727
Prosecution Insights