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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 09 October 2025 has been entered.
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 is incorrect, any correction of the statutory basis 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.
Claims 1-3, 5, 7, 11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Keates (US 2019/0305377 A1) in view of Kim et al (US 2012/0094168 A1) and Fauteux et al (US 2019/0363332 A1). These prior art references cited as Keates, Kim, and Fauteux, respectively, hereinafter.
Regarding claim 1, Keates discloses a unit cell (pertains to “Lithium-metal battery cells typically use a layer of lithium metal deposited on metal foil current collector for the anode, a metal oxide deposited on a sheet of different metal for the cathode, and a sheet of separator material between them to form a sandwich assembly configuration.” [0002], which is referred to as “a laminate 201” where “The anode sheet, separator sheet, and cathode sheet may be pressed together … with the fingers of the anode sheet aligned with the fingers of the cathode sheet.” [0020]) comprising:
a separator (“separator sheet 103” [0019]);
a positive electrode (“cathode sheet 102” [0019]) in which a positive electrode active material is applied to a surface of a positive electrode collector (“metal oxide deposited on a sheet of different metal for the cathode” [0002]); and
a negative electrode (“anode sheet 101” [0019]) in which a negative electrode active material is applied to a surface of a negative electrode collector (“a layer of lithium metal deposited on metal foil current collector for the anode” [0002]),
wherein the negative electrode, the separator, and the positive electrode are stacked and then folded in a zigzag shape (Fig. 4B; “4B show a view of the concertina configuration of FIG. 3, with each fold completed into a 180 degree fold” [0022] where “’concertina configuration' refers to a configuration of parallel, alternating, evenly-spaced individual folds in a sheet, or in multiple sheets pressed against each other” [0017]) to form a plurality of wrinkles (Fig. 4B – there are two wrinkles of the laminate for each 180 degree fold),
wherein the wrinkles are spaced apart from one another in a first direction (Fig. 4B – the two wrinkles for each 180 degree fold are spaced apart from each other in the lengthwise direction of the base end shown as the figure) between a first end surface and a second end surface (Fig. 4B – the ‘A’ exposed surface on the left end and the ‘C’ exposed surface on the right end of the base), the first end surface and the second end surface being planar (Fig. 4B – the aforementioned described surfaces are flat and rectangular as evident from the shape of the laminate in the aerial view of it shown in Fig. 2A),
wherein a top surface and a bottom surface extend between the first end surface and the second end surface (Fig. 4B – the series of wrinkles for each 180 degree fold form surfaces on the top and bottom of the base end shown),
wherein the top surface and the bottom surface are planar (Fig. 4B – the top and bottom surfaces formed by the series of wrinkles are flat),
wherein the wrinkles are formed by a negative electrode overlapping portion at which folding portions of the negative electrode collector overlap and contact each other when the negative electrode collector is folded (Fig. 4B – each ‘A’ 180 degree fold located at the bottom side of the base of the laminate has a vertical surface that makes contact with, and overlaps, another ‘A’ vertical surface) and a positive electrode overlapping portion at which folding portions of the positive electrode collector overlap and contact each other when the positive electrode collector is folded (Fig. 4B – each ‘C’ 180 degree fold located at the top side of the base of the laminate has a vertical surface that makes contact with, and overlaps, another ‘C’ vertical surface), and
wherein a negative electrode exposing surface of the negative electrode collector, which connects adjacent negative electrode overlapping portions to each other (Fig. 4B – each ‘A’ 180 degree fold has a horizontal surface that connects the two vertical ‘A’ surfaces of the 180 degree fold) and is exposed to the outside (Fig. 4B – the horizontal surface of each ‘A’ 180 degree fold forms a portion of the bottom surface of the base of the laminate), and a positive electrode exposing surface of the positive electrode collector, which connects the adjacent positive electrode overlapping portions to each other (Fig. 4B – each ‘C’ 180 degree fold has a horizontal surface that connects the two vertical ‘C’ surfaces of the 180 degree fold) and is exposed to the outside (Fig. 4B – the horizontal surface of each ‘C’ 180 degree fold forms a portion of the top surface of the base of the laminate), form the top surface and the bottom surface of the unit cell (Fig. 4B – the series of horizontal surfaces form the whole of the top and bottom surfaces of the base of the laminate).
Keates does not disclose the features of the positive electrode active material is stacked to contact one surface of the separator,
the negative electrode active material is stacked to contact the other surface of the separator,
wherein a first end of the positive electrode collector is not coated with the positive electrode active material to form a positive electrode tab, and a first end of the negative electrode collector is not coated with the negative electrode active material to form a negative electrode tab,
wherein the positive electrode tab is bent to extend from the first end surface and be coplanar with the top surface and the negative electrode tab is bent to extend from the second end surface and be coplanar with the bottom surface, and
wherein at least two of said unit cells are stacked, and a respective separator spread flat is interposed between adjacent unit cells.
However, Kim discloses a unit cell (100 Fig 3; “electrode assembly” [0039]) comprising: a separator (“separator 130” [0039]); a positive electrode in which a positive electrode active material is applied to a surface of a positive electrode collector (“a cathode 110, having an active material layer 112 coated on one major surface of a current collector 111” [0039]); and a negative electrode in which a negative electrode active material is applied to a surface of a negative electrode collector (“an anode 120, having an active material layer 122 coated on one major surface of a current collector 121” [0039]), wherein the negative electrode, the separator, and the positive electrode are stacked and then folded in a zigzag shape (“the cathode 110 and the anode 120 are fitted to each other, such that the electrode active material layers 112 and 122 face each other, while a separator 130, which is bent in the same shape as the cathode 110 and the anode 120, is disposed between the cathode 110 and the anode 120” [0039]).
Kim teaches the features of the positive electrode active material is stacked to contact one surface of the separator (“the electrode active material layers 112 and 122 face each other, while a separator 130, which is bent in the same shape as the cathode 110 and the anode 120, is disposed between the cathode 110 and the anode 120” [0039], which implies that the active material layer of the cathode contacts the separator because the separator is disposed between the cathode and the anode arranged for their respective active materials layers to face each other); and
the negative electrode active material is stacked to contact the other surface of the separator (“the electrode active material layers 112 and 122 face each other, while a separator 130, which is bent in the same shape as the cathode 110 and the anode 120, is disposed between the cathode 110 and the anode 120” [0039], which implies that the active material layer of the anode contacts the separator because the separator is disposed between the cathode and the anode arranged for their respective active materials layers to face each other).
Kim further teaches that these features are utilized in the art to solve the problem of electrode active material layers being separated from electrode collectors when a force is applied to the folded stacking structure ([0010]).
Therefore, it would have been obvious for a person having ordinary skill in the art before the effective filing date of the instant application to select the stacking arrangement for the unit cell of Keates in view of Kim that includes features of the positive electrode active material being stacked to contact one surface of the separator, and the negative electrode active material being stacked to contact the other surface of the separator, in order to avoid a separation of the active material from the respective electrode collectors when a force is applied to the folded stacking structure of the unit cell.
Furthermore, Kim teaches wherein a first end of the positive electrode collector is not coated with the positive electrode active material to form a positive electrode tab (“At ends of the cathode 110 … are formed extensions C … No active material is coated on the current collectors 111 and 121 at the extensions C” [0040]), and a first end of the negative electrode collector is not coated with the negative electrode active material to form a negative electrode tab (“At ends of the … anode 120 are formed extensions C … No active material is coated on the current collectors 111 and 121 at the extensions C” [0040]), and that the positive electrode tab and the negative electrode tab located on respective first ends of each the positive electrode collector and the negative electrode collector are to be attached to electrode leads to accomplish electrical connection ([0040]).
Therefore, it would have been also obvious to the person of ordinary skill in the art to add tabs to the positive and negative electrode collectors of the unit cell of modified Keates in further view of Kim, wherein a first end of the positive electrode collector is not coated with the positive electrode active material to form a positive electrode tab, and a first end of the negative electrode collector is not coated with the negative electrode active material to form a negative electrode tab, in order to achieve electrical connection of the unit cell by means of attaching the tabs to electrode leads.
Additionally, Fauteux discloses a unit cell (“pouch cell battery” [0057]) that is folded in a zigzag shape form (see Figs. 8 and 15) to form a plurality of wrinkles (34, 35 Figs. 8 and 15) wherein the wrinkles are spaced from one another in a first direction (the direction of the pouch cell battery that extends along its depth/thickness dimension shown in Figs. 8 and 12-14) between a first end surface and a second end surface (the sides of the pouch cell battery that include the surface comprising its length x width dimension shown in Figs. 8 and 12-14), and wherein a top surface and a bottom surface extend between the first end surface and the second end surface (the sides of the pouch cell battery that include the surface comprising its depth x width dimension shown in Figs. 8 and 12-14).
Fauteux teaches wherein a positive electrode tab (35 Fig. 12, 351 Fig. 13) is bent (“The guide member 36 has a convex guiding surface that abuts the joined tabs 34, 35 extending between the adjacent cells and supports the joined tabs about a smooth radius between the adjacent cells 30.” [0053] with italics added for emphasis in the citation that suggest a bending of tabs 34, 35) to extend from the first end surface (tab 35 Fig. 8 extends from a surface of the pouch cell battery that comprises the length x width dimension) and be coplanar with the top surface (“respectively pair of tabs 34, 35 on different edges of the cell 30 and preferably on symmetrically opposite edges of the cell 30” [0050], “first free terminal tab 351 of the stacked cells 30 is folded back against a first surface of the case 50” [0058], which imply that tabs bend 180˚ from one edge of the cell 30 to the other to extend along the pouch cell battery that comprises the depth x width dimension) and a negative electrode tab (34 Fig. 12, 341 Fig. 14) is bent (“The guide member 36 has a convex guiding surface that abuts the joined tabs 34, 35 extending between the adjacent cells and supports the joined tabs about a smooth radius between the adjacent cells 30.” [0053] with italics added for emphasis in the citation that suggest a bending of tabs 34, 35) to extend from the second end surface (tab 34 Fig. 8 extends from a surface of the pouch cell battery that comprises the length x width dimension) and is coplanar with the bottom surface (“respectively pair of tabs 34, 35 on different edges of the cell 30 and preferably on symmetrically opposite edges of the cell 30” [0050], “second free terminal tab 341 of the stacked cells 30 is folded back against the second opposite surface of the case 50” [0058], which imply that tabs bend 180˚ from one edge of the cell 30 to the other to extend along the pouch cell battery that comprises the depth x width dimension).
Fauteux further teaches that the positive electrode tab and the negative electrode tab are folded to be coplanar with the top and bottom surfaces respectively to connect with respective conductive leads ([0058]-[0059]), and that this arrangement increases a ratio of combined battery volume to housing volume, or fill ration, allowing for smaller and more lightweight battery ([0062])
Therefore, it would have been also obvious for the person of ordinary skill in the art to add a fold to the positive electrode tab and the negative electrode tab of the unit cell of modified Keates in view of Fauteux wherein the positive electrode tab extends from the first end surface and is coplanar with the top surface and the negative electrode tab extends from the second end surface and is coplanar with the bottom surface, in order to increase a ratio of combined battery volume to housing volume, or fill ration, allowing for smaller and more lightweight battery.
Furthermore, Fauteux also teaches wherein at least two of said unit cells are stacked (the process shown in Figs. 10-12; “a stack of battery cells 30” [0056]), and a respective separator spread flat is interposed between adjacent unit cells (37 combined with 39 shown in Fig. 10; “cradle 39 has side edges 40 to provide mechanical protection for the sides of the battery cell 30 and integrally combines the resiliently deformable cell spacer substrate 37 , below the cell – channel” [0055]).
Fauteux teaches that this configuration involving the unit cell is known in the art to be applied to constructing batteries on a power tool, and supports the unit cell against shocks experienced during the use of the power tool ([0056]). Additionally, MPEP 2144.04 Section VI Part B discloses that “mere duplication of parts has no patentable significance unless a new and unexpected result is produced”.
Therefore, it would have been further obvious to add at least two of said unit cells to the invention of modified Keates in further view of Fauteux wherein the at least two unit cells are stacked, and a respective separator spread flat is interposed between adjacent unit cells, in order to achieve a battery useful on power tools and supports the unit cell against shocks experienced during the use of the power tool.
Regarding claim 2, modified Keates discloses the unit cell with all the features in set forth in claim 1 above, but does not disclose wherein the positive electrode active material is applied to only one surface of the positive electrode collector, which faces the separator, and the negative electrode collector is applied to only one surface of the negative electrode collector, which faces the separator.
However, Kim teaches wherein the positive electrode active material is applied to only one surface of the positive electrode collector (“a cathode 110, having an active material layer 112 coated on one major surface of a current collector 111” [0039]), which faces the separator (“the electrode active material layers 112 and 122 face each other, while a separator 130, which is bent in the same shape as the cathode 110 and the anode 120, is disposed between the cathode 110 and the anode 120” [0039], which implies that the active material layer of the cathode faces and contacts the separator because the separator is disposed between the cathode and the anode arranged for their respective active materials layers to face each other), and the negative electrode collector is applied to only one surface of the negative electrode collector (“an anode 120, having an active material layer 122 coated on one major surface of a current collector 121” [0039]), which faces the separator (“the electrode active material layers 112 and 122 face each other, while a separator 130, which is bent in the same shape as the cathode 110 and the anode 120, is disposed between the cathode 110 and the anode 120” [0039], which implies that the active material layer of the anode faces and contacts the separator because the separator is disposed between the cathode and the anode arranged for their respective active materials layers to face each other).
Kim further teaches that these features easily manufacture the unit cell through the simple process of bending the positive electrode and the negative electrode into a predetermined shape and fitting them to each other such that the positive electrode and the negative electrode overlap each other ([0015]).
Therefore, it would have been obvious for a person having ordinary skill in the art before the effective filing date of the instant application to further modify the unit cell of modified Keates in further view of Kim wherein the positive electrode active material is applied to only one surface of the positive electrode collector, which faces the separator, and the negative electrode collector is applied to only one surface of the negative electrode collector, which faces the separator. This modification achieves efficient manufacture of the unit cell of a simple bending into a predetermined shape process of the positive and negative electrodes and fitting of the electrodes to overlap each other.
Regarding claim 3, modified Keates discloses the unit cell with all the features set forth in claim 2 above, and wherein the wrinkles formed by folding the negative electrode, the separator, and the positive electrode are continuously formed (Keates Fig. 4B – one base end of the laminate consists of continuous 180 degree folds of the negative electrode, the separator, and the positive electrode).
Regarding claim 5, modified Keates discloses the unit cell with all the features set forth in claim 1 above, and wherein a vertical distance between the negative electrode exposing surface and the positive electrode exposing surface is constant (Keates Fig. 4B – the folded laminate has a constant height throughout the length of the laminate).
Regarding claim 7, modified Keates discloses a secondary battery manufactured by connecting the plurality of unit cells with all the features set forth in claim 1 above (Keates “manufacture of the battery” [0026] and “method of forming the previously described elements of a battery” [0028]).
Regarding claim 11, modified Keates discloses the unit cell with all the features set forth in claim 1 above, and wherein the positive electrode forms the bottom surface (Regarding the disposition of the positive electrode, or the cathode, in the unit cell of Keates, MPEP 2144.04 Section VI Part C holds that “the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice” in re Kuhle, and “would not have modified the operation of the device” in re Japikse. From this disclosure, the ‘C’ layer of the laminate shown in Keates Fig. 4B may be disposed in either the bottom or the top of the laminate as this is held to be an obvious matter of design choice that does not modify the operation of the device, and Fauteux “respectively pair of tabs 34, 35 on different edges of the cell 30 and preferably on symmetrically opposite edges of the cell 30” [0050], “first free terminal tab 351 of the stacked cells 30 is folded back against a first surface of the case 50” [0058]) and the negative electrode collector forms the top surface (Regarding the disposition of the negative electrode, or the anode, in the unit cell of Keates, MPEP 2144.04 Section VI Part C holds that “the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice” in re Kuhle, and “would not have modified the operation of the device” in re Japikse. From this disclosure, the ‘A’ layer of the laminate shown in Keates Fig. 4B may be disposed in either the bottom or the top of the laminate as this is held to be an obvious matter of design choice that does not modify the operation of the device, and Fauteux “respectively pair of tabs 34, 35 on different edges of the cell 30 and preferably on symmetrically opposite edges of the cell 30” [0050], “second free terminal tab 341 of the stacked cells 30 is folded back against the second opposite surface of the case 50” [0058]).
Regarding claim 14, modified Keates discloses the unit cell with all the features set forth in claim 1 above, and wherein the negative electrode collector forms the first end surface (Keates Fig. 4B – the ‘A’ exposed surface on the left end where “'A' indicates the edge of the anode sheet” [0022] and the negative electrode collector is coplanar with the negative electrode because the negative electrode is simply claimed to be the negative electrode active material applied to the surface of the negative electrode collector).
Response to Arguments
Applicant's arguments filed 09 October 2025 have been fully considered but they are not persuasive.
Applicant appears to remark that the combination of prior art does not disclose the unit cell recited in amended claim 1.
In response to applicant, and for clarity purposes, the rejection of claim 1 is added onto in this Office Action above to cite and expound how the current prior art of record combines to disclose the unit cell now recited in claim 1.
Conclusion
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/CHARLENE BERMUDEZ/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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