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 Rejections - 35 USC § 112
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.
Claims 1-5 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.
Claim 1 recites the limitation "the layers constituting the cell." There is insufficient antecedent basis for this limitation in the claim (it is noted that (1) Claim 1 recites a unit cell “comprising” the instantly claimed layers, and (2) it is unclear if “the layers constituting the cell” is in reference to all of the first current collector layer, first electrode active material layer, etc.).
Claim 6 is 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.
Claim 6 recites the limitation "the layers constituting the cell." There is insufficient antecedent basis for this limitation in the claim (it is noted that (1) Claim 6 recites a unit cell “including” the instantly claimed layers, and (2) it is unclear if “the layers constituting the cell” is in reference to all of the first current collector layer, first electrode active material layer, etc.).
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.
Claims 1-2, 4, 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hiramatsu (WO 2022/196358, using the provided machine translation for citation purposes).
Regarding Claim 1, Hiramatsu teaches a button cell battery (“unit cel”) ([0001]). As illustrated in Figure 4, Hiramatsu teaches that the battery (1) comprises a negative can (3) (“first current collector layer”), a negative electrode mixture layer (7) (“first electrode active material layer”), an “electrolyte layer”) (i.e. the layer of electrolyte comprised in the separator (6)), a positive electrode mixture layer (5) (“second electrode active material layer”), and a positive can (2) (“second current collector layer”) stacked in this order ([0024]-[0031]). As illustrated in Figure 4 (and the annotated Figure 4 below), the electrolyte layer and the positive electrode mixture layer have a “peripheral region” and an “inside region” located inside the peripheral region when viewed in a stacking direction of the aforementioned layers, wherein the negative electrode mixture layer is stacked only on the inside region, wherein the positive can is crimped (“folded” to at least some degree) so as to enclose the electrolyte layer and the positive electrode mixture layer, and is joined to the negative can via a gasket (4) (“insulating sealing member”) on the peripheral region to form a “joint portion,” thereby sealing the negative electrode mixture layer, the electrolyte layer, and the positive electrode mixture layer with the negative can, the gasket, and the positive can ([0025]-[0026]).
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Regarding Claim 2, Hiramatsu teaches the instantly claimed invention of Claim 1, as previously described.
As illustrated in the annotated Figure 4 (See Claim 1), a thickness of the joint portion of the negative can, the gasket, and the positive can in the stacking direction is equal to or smaller than a total thickness of the negative can and the negative electrode mixture layer.
Regarding Claim 4, Hiramatsu teaches the instantly claimed invention of Claim 1, as previously described.
As illustrated in the annotated Figure 4 (See Claim 1), the negative can, the gasket, and the positive can are stacked in the joint portion in an order of the positive can, the gasket, and the negative can from a side farther from the electrolyte layer.
Regarding Claim 6, Hiramatsu teaches a button cell battery (“unit cel”), and a method of manufacturing the button cell battery ([0001], [0026])). As illustrated in Figure 4, Hiramatsu teaches that the battery (1) comprises a negative can (3) (“first current collector layer”), a negative electrode mixture layer (7) (“first electrode active material layer”), an “electrolyte layer”) (i.e. the layer of electrolyte comprised in the separator (6)), a positive electrode mixture layer (5) (“second electrode active material layer”), and a positive can (2) (“second current collector layer”) stacked in this order ([0024]-[0031]).
As illustrated in Figure 4 (and the annotated Figure 4 below), Hiramatsu teaches that the method comprises providing a stack of the aforementioned layers, wherein the electrolyte layer and the positive electrode mixture layer have a “peripheral region” and an “inside region” located inside the peripheral region when viewed in a stacking direction of the aforementioned layers, and wherein the negative electrode mixture layer is stacked only on the inside region ([0024]-0026]),
As illustrated in Figure 4 (and the annotated Figure 4 below, Hiramatsu teaches that the method comprises crimping (“folding” to at least some degree) the positive can so as to enclose the electrolyte layer and the positive electrode mixture layer, and joining the positive can to the negative can via a gasket (4) (“insulating sealing member”) on the peripheral region to form a “joint portion,” thereby sealing the negative electrode mixture layer, the electrolyte layer, and the positive electrode mixture layer with the negative can, the gasket, and the positive can ([0024]-[0026]).
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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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Hiramatsu (WO 2022/196358, using the provided machine translation for citation purposes), and further in view of Jurca (US 4,725,515).
Regarding Claim 3, Hiramatsu teaches the instantly claimed invention of Claim 1, as previously described.
As illustrated in the annotated Figure 4 (See Claim 1), the negative can, the gasket, and the positive can are stacked in the joint portion in an order of the positive can, the gasket, and the negative can from a side farther from the electrolyte layer.
Hiramatsu does not explicitly teach that the said components are stacked in the joint portion in an order of the negative can, the gasket, and the positive can from a side farther from the electrolyte layer.
However, Jurca teaches an electrochemical cell (Abstract). As illustrated in Figure 1, Jurca teaches that the electrochemical cell is a button type electrochemical cell, wherein the electrochemical cell comprises an outer cover (60) which functions as a negative current collector, a cathode container (12) which functions as a positive current collector, and a gasket (40), wherein the outer cover, the gasket, and the cathode container are stacked in a joint portion of the electrochemical cell in an order of the outer cover, the gasket, and the cathode container from a side farther from an electrolyte layer of the electrochemical cell (col. 3 lines 9-37, col. 4 lines 54-55). Jurca teaches that the stacking orientation helps provide for improved and uniform gasket compression, as well as enhanced sealing characteristics (col. 5 lines 26-60).
Therefore it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would construct the battery of Hiramatsu such that the components of the joint portion are arranged in an order of the negative can, the gasket, and the positive can from a side farther from the electrolyte layer as disclosed by Jurca, based not only upon a desired and/or required outer configuration and/or orientation of the current collectors, but also because such a stacking orientation would help provide for improved and uniform gasket compression, as well as enhanced sealing characteristics.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hiramatsu (WO 2022/196358, using the provided machine translation for citation purposes), and further in view of Yamada et al. (US 2014/0315099).
Regarding Claim 5, Hiramatsu teaches the instantly claimed invention of Claim 1, as previously described.
Hiramatsu teaches that the battery is a silver oxide/zinc type battery ([0027]-[0028]).
Hiramatsu does not explicitly teach that the electrolyte layer is a solid electrolyte layer.
However, Yamada teaches a battery (Abstract). Yamada teaches that the battery comprises a silver oxide/zinc type battery ([0024]). Yamada teaches that the battery comprises a separator, wherein the separator comprises an inorganic solid electrolyte body ([0027]). Yamada teaches that the inorganic solid electrolyte body is dense, hard, and helps prevent short circuits ([0027]).
Therefore, it would have been obvious before the effective filing date of the claimed invention that one of ordinary skill in the art would form the electrolyte layer of Hiramatsu as an inorganic solid electrolyte body (“solid electrolyte layer”), as taught by Yamada, given that such a modification would provide for a dense and hard layer which would help prevent short circuit, and further reduce the presence of liquid electrolytic components in the battery.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MATTHEW W VAN OUDENAREN whose telephone number is (571)270-7595. The examiner can normally be reached 7AM-3PM EST M-F.
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/MATTHEW W VAN OUDENAREN/Primary Examiner, Art Unit 1728
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