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 § 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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Goto (JP2020047632A, Machine Translation, submitted on IDS filed 10/16/2025).
Regarding claims 1, 3, and 5, Goto discloses a power generation function-equipped secondary battery using a thermoelectric element, the power generation function-equipped secondary battery comprising (See Figs. 1-12, [0041]-[0173]):
the thermoelectric element (1), the thermoelectric element being in contact with a heat medium (11) that has a temperature equal to or higher than a temperature of outside air (necessarily present because heat energy is required to function [0060]) a secondary battery ([0165]-[0166]) electrically connected to the thermoelectric element, wherein the thermoelectric element includes a pair of electrodes having work functions different from each other ([0059]-[0060][0090]-[0091]) and wherein the pair of electrodes are sandwiched between the heat medium (11-formed of material able to store heat [0055]) (see Figs 1-12). The solvent medium ([0076]-[0081]) between electrodes will normalize the temperature gradient between electrodes and therefore the pair of electrodes will have the same temperature and Goto further discloses the thermoelectric element generates electricity even when there is no temperature difference between electrodes ([0060]).
Regarding claim 4, Goto discloses all of the claim limitations as set forth above.
In addition, the heating medium can further include the substrate that the secondary battery is mounted on (see Fig. 1a, element 1 and 502 are mounted on same substrate).
Regarding claim 2, Goto discloses all of the claim limitations as set forth above.
In addition, Goto discloses the thermoelectric element includes an intermediate portion (14) provided between the pair of electrodes and including a non-conductor layer containing fine particles, and the non-conductor layer supports the pair of electrodes ([0076]-[0083]).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3, 7, 8, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nguyen (Thermionic emission via a nanofluid for direct electrification from low-grade heat energy) in view of Wong (US 2018/0138387 A1).
Regarding claims 1 and 3, Nguyen discloses a power generation function-equipped secondary battery (See Fig. 1 and Fig. 2c) using a thermoelectric element, the power generation function-equipped secondary battery comprising:
the thermoelectric element, the thermoelectric element being in contact with a heat medium (substrates shown in Fig. 2c Abstract--we show that infilling a
nanofluid inside the inter-electrode gap raises thermionic emission rate enormously, such that considerable currents can be generated even at room temperature) that has a temperature equal to or higher than a temperature of outside air; and
wherein the thermoelectric element includes a pair of electrodes having work functions different from each other (see Fig. 1, WFc versus WFa).
In addition, Nguyen discloses a fluid medium filled with nanoparticles between the two electrodes (see Fig. 1) and discloses the temperature of the fluid medium (see Fig. 3) which indicates the temperature of the electrodes since the system will reach an equilibrium.
Therefore, Nguyen discloses “the pair of electrodes have the same temperature when the thermoelectric element generates electricity” for the above disclosed temperature of fluid and furthermore where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
However, Nguyen does not disclose a secondary battery electrically connected to the thermoelectric element.
Wong discloses a thermoelectric device connected to a secondary battery to store electricity generated by thermoelectric device on a circuit board ([0037], see Fig. 3B) which is used to power a watch (402 Fig. 4B [0061][0062]).
It would have been obvious to one of ordinary skill in the art at the time of the filing to modify the thermoelectric device of Nguyen to connect the thermoelectric device to a secondary battery mounted on a circuit board and power devices as disclosed by Wong because it will allow for energy to be stored and for electrical loads.
Regarding claim 2, modified Nguyen discloses all of the claim limitations as set forth above.
In addition, modified Nguyen discloses that the thermoelectric element includes an intermediate portion (CYTOP spacers and nanofluid, see Fig. 2c), provided between the pair of electrodes and including a non-conductor layer (CYTOP spacers and tetradecane) containing fine particles, and the non-conductor layer supports the pair of electrodes (See Fig. 2c).
Regarding claims 7 and 8, modified Nguyen discloses all of the claim limitations as set forth above.
In addition Wong discloses that the hat medium includes a circuit board, and
the thermoelectric element (modification of Nguyen above) is in contact with the circuit board (see Fig. 3B on Wong [0037]-[0038]) and wherein the thermoelectric element and the secondary battery are provided on an identical main surface of the circuit board.
Regarding claim 10, modified Nguyen discloses all of the claim limitations as set forth above.
In addition, Wong discloses the heat medium includes a drive portion (402) supplied with electric power from the secondary battery, and the thermoelectric element is in contact with the drive portion ([0062]).
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nguyen (Thermionic emission via a nanofluid for direct electrification from low-grade heat energy) in view of in view of Wong (US 2018/0138387 A1) as applied to claims 1-3, 7, 8, and 10 above and in further view of Nakamura (JP WO 2009063805 A1, Machine Translation).
Regarding claim 9, modified Nguyen discloses all of the claim limitations as set forth above.
Nakmura discloses that a secondary battery (2) with housing portions (portions surrounding battery 2 can be stacked on a thermoelectric device (1) (Abstract, see Fig. 1).
It would have been obvious to one of ordinary skill in the at the time of filing to modify the position of the secondary battery (including housing portion of battery) of Nguyen so that it is stacked over the thermoelectric element as disclosed by Nakamura because Nakamura discloses that such an arrangement is known in the art between a thermoelectric module and a battery.
Modified Nguyen will thus have the thermoelectric element be in between the circuit board (modification with Wong) and the housing portion of battery.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nguyen (Thermionic emission via a nanofluid for direct electrification from low-grade heat energy) in view of Shibano (JP2004127744 A, Machine Translation).
Regarding claims 1 and 3, Nguyen discloses a power generation function-equipped secondary battery (See Fig. 1 and Fig. 2c) using a thermoelectric element, the power generation function-equipped secondary battery comprising:
the thermoelectric element, the thermoelectric element being in contact with a heat medium (substrates shown in Fig. 2c Abstract--we show that infilling a
nanofluid inside the inter-electrode gap raises thermionic emission rate enormously, such that considerable currents can be generated even at room temperature) that has a temperature equal to or higher than a temperature of outside air and not requiring a temperature difference between electrodes; and
wherein the thermoelectric element includes a pair of electrodes having work functions different from each other (see Fig. 1, WFc versus WFa).
However, Nguyen does not disclose a secondary battery electrically connected to the thermoelectric element.
In addition, Nguyen discloses a fluid medium filled with nanoparticles between the two electrodes (see Fig. 1) and discloses the temperature of the fluid medium (see Fig. 3) which indicates the temperature of the electrodes since the system will reach an equilibrium.
Therefore, Nguyen discloses “the pair of electrodes have the same temperature when the thermoelectric element generates electricity” for the above disclosed temperature of fluid and electrodes and furthermore where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
Shibano discloses a thermoelectric device connected to a secondary battery to store electricity generated by thermoelectric device and also electrical energy is harnessed from heat generated by storage battery (Abstract).
It would have been obvious to one of ordinary skill in the art at the time of the filing to modify the thermoelectric device of Nguyen to connect the thermoelectric device to a secondary battery as disclosed by Shibano because it will allow for energy to be stored.
Regarding claim 2, modified Nguyen discloses all of the claim limitations as set forth above.
In addition, Nguyen discloses that the thermoelectric element includes an intermediate portion (CYTOP spacers and nanofluid, see Fig. 2c), provided between the pair of electrodes and including a non-conductor layer (CYTOP spacers and tetradecane) containing fine particles, and the non-conductor layer supports the pair of electrodes (See Fig. 2c).
Regarding claim 4, modified Nguyen discloses all of the claim limitations as set forth above.
In addition, Shibano discloses the heat medium includes a housing portion (109) of the secondary battery, the thermoelectric element is provided in contact with the housing portion (109) ([0016]).
Regarding claim 5, modified Nguyen discloses all of the claim limitations as set forth above.
In addition, Shibano discloses the heat medium includes a heat storage portion (117) that stores thermal energy, and the thermoelectric element (111) is provided in contact between the housing portion (109) and the heat storage portion (117) ([0016]).
Regarding claim 6, modified Nguyen discloses all of the claim limitations as set forth above.
In addition, Nguyen discloses that the heat medium includes a container(117) internally provided with the thermoelectric element (111) and the secondary battery (107), and the thermoelectric element (111) is in contact with an inner wall of the container (117) ([0014]-[0018]).
Response to Arguments
Applicant submits that Nguyen does not disclose or suggest “the pair of electrodes have the same temperature when the thermoelectric element generates electricity”.
Nguyen discloses a fluid medium filled with nanoparticles between the two electrodes (see Fig. 1) and discloses the temperature of the fluid medium (see Fig. 3) which indicates the temperature of the electrodes since the system will reach an equilibrium.
Therefore, Nguyen discloses “the pair of electrodes have the same temperature when the thermoelectric element generates electricity” for the above disclosed temperature of fluid and furthermore where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
Conclusion
Applicant's submission of an information disclosure statement under 37 CFR 1.97(c) with the timing fee set forth in 37 CFR 1.17(p) on 10/16/2025 prompted the new ground(s) of rejection presented in this Office action. In addition, Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 609.04(b) and § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVINA PILLAY whose telephone number is (571)270-1180. The examiner can normally be reached Monday-Friday 9:30-6:00.
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DEVINA PILLAY
Primary Examiner
Art Unit 1726
/DEVINA PILLAY/Primary Examiner, Art Unit 1726
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