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 .
Response to Amendment
The amendment filed on 07/08/2025 has been fully considered.
Status of Claims
Claims 1, 3-4, 10-14 are currently pending;
Claims 1 and 11 are amended;
Claims 12-14 are new.
Status of Rejections Pending since the Office Action of 04/08/2025
The 103 rejections of claims 1, 3, 4, 10, and 11 are maintained in view of Applicant’s amendment and argument;
New 103 rejections have been added for newly added claims 12-14;
New 112(b) rejections have been added to claims 1, 3-4, and 10-14 in view of Applicant’s amendment.
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.
Claim 1, 3-4, and 10-14 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.
Regarding claim 1, lines 11-12 includes the claim limitation “a sealant film integrated with a surface of the sheet-shaped positive electrode terminal and the sheet-shaped negative electrode terminal…” which assigns “a/the sealant film” to both the positive and negative sheet-shaped electrode terminals. This is then followed by the limitation starting in line 14 “the sealant film includes a notch part formed such that a width in a direction of extension of the sheet-shaped positive electrode terminal…” It is unclear how the sealant film in terms of the sheet-shaped negative electrode terminal could satisfy this limitation. For the sake of examination, the examiner is interpreting the limitation to mean that the sealant film of the sheet-shaped positive electrode terminal includes a notch part, and that the limitation is silent as to whether the sheet-shaped negative electrode terminal includes a notch part.
Further, regarding claim 1, the last section includes the limitation “the sealant film is arranged so as to cover a junction part”, again relating to both the positive and negative sheet-shaped electrode terminals as defined in lines 11-12. This section further limits that “the junction part is located at a portion farthest from the electrode body in the sheet-shaped positive electrode terminal and the sheet-shaped negative electrode terminal extending direction than the narrowest portion of the notch part…” In a similar manner as before, it is unclear to the examiner how the junction part in relation to the sheet-shaped negative electrode terminal can be located relative to the narrowest portion of the notch, that, as stated above, is being interpreted to only be included in the sealant film of the sheet-shaped positive electrode terminal.
Claims 3-4, and 10-14 are rejected due to their dependency on claim 1.
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.
Claims 1, 3, 4, 10-12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Cheon et al. (US 2006/0238162), hereinafter Cheon, further in view of Yageta et al. (US-7468220-B2), hereinafter Yageta, and further in view of Mizuta et al. (JP 2016004731), hereinafter Mizuta, using EPO English Machine Translation for citations.
Regarding claims 1 and 3, Cheon discloses a pouch type rechargeable battery 10 (film type battery) comprising an electrode assembly 20 formed by interposing a separator 24 between a positive electrode 22 and a negative electrode 23 and a case 30 for housing the electrode assembly 20 [0021], the case 30 is formed of a thin plate (film exterior body) [0028]. The electrode assembly 20 includes a positive electrode 22 and a negative electrode 23 (electrode) which are electrically connected to lead elements 25 and 26 (sheet-shaped positive and negative electrode terminals) [0023]. The lead elements 25 and 26 are long enough to protrude from the case 30, and are arranged to be closely adjacent to a sealant 27 (sealant film) at an area contacting the case 30 [0024]. The case 30 is sealed by forming a sealing region 34 (sealed part) along a flange of the case body 31. The sealant 27 is attached to each lead element 25/26 and is positioned to contact a part of the sealing region 34 [0030]. See figures 1 and 2, the sealing region 34 (sealed part) is provided at an edge of the film exterior body (case 30) on a side thereof which at least the terminal is extended. The sealant film (sealant 27) is integrated with a surface of a terminal on aside thereof opposed to the film exterior body.
Cheon further discloses the sealant 27 may have at least one groove [0034], formed as a notch 28 [0037]. The notch 28 denotes a place where the width of the sealant 27 sharply decreases in a lengthwise direction of the lead elements 25 and 26 [0037]. The sealant 27 has a notch 28 at the contacting area “A” with the case 30, where the sealant forms part of the sealing region 34, and so has a width that is reduced by the notch 28 [0038]. See figures 1 and 2 the leads have no through holes.
Cheon does not disclose the sealant 27 (sealant film) is welded to the film exterior body (case 30) at the sealed part (sealing region 34). However, it is well known in the art to weld a sealant film to a pouch case as shown by Yageta. Yageta discloses a film covered battery wherein a battery element and lead terminals are sealed by a casing ([Abstract]). A resin film containing a metal adhesive resin is fused to the lead terminals (col. 10, lines 25 – 31). The casing 11 is thermally welded (welded) around the battery element 13, including over the terminals in thermally sealing zone (welded) portion 14a, sandwiching the terminal coated in the metal adhesive resin (col. 6, lines 48 – 63; fig. 3).
It would have been obvious to one having ordinary skill in the art to weld the sealant 27 (sealant film) of Cheon to the film exterior body at the sealed part (sealing region 34), as shown by Yageta to further securely seal the exterior body and the battery components.
Modified Cheon does not disclose that the sheet-shaped positive electrode terminal is arranged at one end of the film exterior body in a long side direction, and the sheet-shaped negative electrode terminal is arranged at the other end of the film exterior body in the long side direction. However, this configuration is common in the art as shown by Yageta. Yageta discloses that the positive and negative lead terminals 12a, 12b are drawn from opposite sides of the film-covered battery (col. 6, lines 19 – 23).
It would have been obvious to one having ordinary skill in the art to rearrange the terminals of Cheon to opposite ends in the long side direction, as shown by Yageta. Doing so would allow the width of the lead terminals to be increased and the resistance reduced, therefore allowing the film covered battery to support a large current (Yageta col. 8, lines 4 – 9).
Modified Cheon does not disclose wherein a ratio of a minimum width of the sealant film (sealant 27) to a maximum width of the sealant film ranges from ¼ to ¾.
Modified Cheon discloses the sealant 27 is formed of an insulating resin and is used to prevent a short circuit between the case 30 and each lead element 25 and 26, and to seal therebetween, the sealant 27 also functions as a safety vent [0025]. Modified Cheon discloses the notch 28 denotes a place where the width of the sealant 27 sharply decreases in a lengthwise direction of the lead elements 25 and 26. The notch 28 may be shaped as a letter “V” with its tip pointing toward the center of the sealant [0037]. When the rechargeable battery 10 mounted with a sealant 27 having the notch 28 internally produces gas due to overcharge/over discharge or high temperature usage, thus increasing the internal pressure of the battery, the case 30 expands. The sealant 27 then ruptures at the notch 28 due to concentrated stresses as the internal pressure increases, internal gas of the battery is then released through the ruptured notch 28, preventing explosion or combustion of the battery [0039]. Examiner notes that the sealant film is made of an insulating material and is used to prevent a short circuit between the case and the leads and also functions as a safety vent due to the notch.
In an effort to optimize the role of the sealant 27 (sealant film) and notch 28 it would have been obvious to one having ordinary skill in the art to arrive at the claimed a ratio of a minimum width of the sealant film (sealant 27) to a maximum width of the sealant film ranges from ¼ to ¾, in order to further improve the sealing of the pouch case, insulating properties and to ensure prevention of a short circuit and the prevention of an explosion or combustion of the battery.
It has been held that when the general conditions are discloses in the art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller, 105 USPQ 233 (see MPEP 2144.05).
Modified Cheon does not disclose the electrode includes an electrode collector, however it is well known in the art for an electrode to include a current collector, as shown by Mizuta. Cheon does not disclose the lead (terminal) comprises a cladding material including a first metal of the same kind as the electrode collector, and a second metal different from the first metal, joined to each other. Modified Cheon does not disclose the sealant film (sealant 27) is arranged so as to cover a junction part of the first metal and the second metal. However, it is well known in the art for a terminal to include a first metal, and a second metal different from the first metal joined to each other, as shown by Mizuta.
Mizuta discloses an electrode terminal used for a battery using a film-like outer package (Mizuta:[0001]), the electrode terminal 3 is formed of a plate-like clad material in which copper as a first metal and aluminum as a second metal are integrally joined ((Mizuta: [0006;[0019]). One end portion 3a in the longitudinal direction is constituted by the copper portion 61 and the other end portion 3b in the longitudinal direction led from the exterior body 5 to the outside is constituted by the aluminum portion 62 ((Mizuta:[0019]), an interface 63 between the copper portion 61 and the aluminum portion 62 exists substantially in the middle of the length direction of the negative electrode terminal 3 ((Mizuta:[0020]). Mizuta further discloses a nickel-plating layer 71 is provided on the surface of the copper portion 61 ((Mizuta: [0021]). Mizuta further discloses a resin layer 41 (sealant film) is provided on the surface of the electrode terminal 3. It is not preferable from the viewpoint of electrolytic corrosion that the interface 63 (junction part) which is a contact surface of dissimilar metals in the clad material is exposed to the electrolyte and the outside air, and thus the resin layer 41 covers the periphery of the interface 63 at the negative electrode terminal 3 ((Mizuta:[0022]). Mizuta further discloses the electrode includes a current collector made of copper (Mizuta:[0012]).
It would have been obvious to one having ordinary skill in the art to provide the electrode of modified Cheon with a current collector made of copper, and to provide the leads 25/26 (sheet-shaped positive and negative electrode terminals) of modified Cheon with a cladding material including a first metal (copper) of the same kind as the current collector, and a second metal different from the first metal (aluminum), joined to each other, as taught by Mizuta, as the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP 2144.07.
Further, it would have been obvious to one having ordinary sill in the art to place the sealant film 27 of modified Cheon so as to cover the junction part between the first metal and the second metal of the sheet-shaped positive and negative electrode terminals (leads 25/26) taught by Mizuta, wherein the junction part is located at a portion farthest from the electrode body in the terminal extending direction than the narrowest portion of the notch part and is covered with the sealant film in order to prevent electrolytic corrosion at the junction between the two different metals and to further prevent exposure of the electrolyte and the battery components to the outside air.
Modified Cheon further discloses the lead 25/26 (terminal) comprises a cladding material including copper and aluminum joined to each other, and a nickel plating layer on a surface of a part of the copper (taught by Mizuta: [0006;[0019]). (Claims 1 and 3)
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Cheon et al. figures 1 and 2
Regarding claim 4, modified Cheon discloses all of the limitations as set forth above in claim 1. Modified Cheon further discloses the notch 28 denotes a place where the width of the sealant 27 sharply decreases in a lengthwise direction of the lead elements 25 and 26. The notch 28 may be shaped as a letter “V” with its tip pointing toward the center of the sealant [0037]. See figures 1 and 2, the notch 28 is formed such as the width gradually decreases from an inner edge towards an outer edge of the sealed part (sealing region 34). (Claim 4)
Regarding claim 10, modified Cheon discloses all of the limitations as set forth above in claim 1. Modified Cheon further discloses see figures 1 and 2, wherein a width of the sealant film (sealant 27) outside of the notch 28 is uniform. Modified Cheon does not disclose the notch 28 is a single notch part, however it has been held that rearrangement of essential working parts of a device is prima facie obvious. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). (Claim 10)
Regarding claim 11, modified Cheon discloses all of the limitations as set forth above in claim 1. Modified Cheon further discloses, see figures 1 and 2, the notch 28 is at a first surface of the sheet-shaped positive and negative electrode terminals (leads 25/26).
Modified Cheon does not disclose the electrode collector (taught in by Mizuta) is connected with a second surface of the sheet-shaped positive and negative electrode terminals, wherein the second surface is different from the first surface. However, the examiner notes that the notch part 28 expels the gasses formed due to the concentration of stresses and the rise of the internal pressure within the battery, and therefore it would have been obvious to one having ordinary skill in the art to ensure that the electrode collector is not exposed to or in contact with the gases.
It would have been obvious to one having ordinary skill in the art to try to have the notch formed on a first surface of the sheet-shaped positive and negative electrode terminals, and to have the electrode collector connected with a second surface of the sheet-shaped positive and negative electrode terminals, wherein the second surface is different from the first surface, in order to ensure the electrode collector is not exposed to the internal gases formed that is expelled through the notch part. A finding that one of ordinary skill in the art could have pursued the known potential solutions with a reasonable expectation of success, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. The fact that a combination was obvious to try might show that it was obvious under § 103."KSR, 550 U.S. at 421, 82 USPQ2d at 1397. See MPEP 2143.(I)(E). (Claim 11)
Regarding claim 12, modified Cheon discloses all of the limitations of claim 1. Modified Cheon further discloses that the sealant film further includes a second notch at the sheet-shaped negative electrode terminal of the sealed part (see figures 1 and 2).
Regarding claim 14, modified Cheon discloses all of the limitations of claim 1. Modified Cheon further discloses that the sealant film has a planar surface along an entirety of the sealant film extending beyond the film exterior body (see figure 2 the sealant film extending beyond the film exterior body is smooth and flat/planar).
Claims 13 is rejected under 35 U.S.C. 103 as being unpatentable over Cheon et al. (US 2006/0238162), hereinafter Cheon, further in view of Yageta et al. (US-7468220-B2), s hereinafter Yageta, further in view of Mizuta et al. (JP 2016004731), hereinafter Mizuta, as applied to claim 1 above, and further in view of Yang et. al (US-20160028068-A1), hereinafter Yang.
Regarding claim 13, modified Cheon teaches all of the limitations of claim 1. Modified Cheon fails to teach that the sealant film has a uniform width along an entirety of the sheet-shaped negative electrode terminal of the sealed part.
Yang is considered analogous to the claimed invention because they are in the same field of secondary batteries ([0001]). Yang does disclose that the sealant film has a uniform width along an entirety of the sheet-shaped negative electrode terminal of the sealed part ([0057] first lead plate 31 and second lead plate 32 can serve as an anode lead (sheet-shaped negative electrode terminal); fig. 2 [0056] second sealant 35 (sealant film) has a uniform width along an entirety of the sealed part S [0076]).
In addition, Yang further discloses a first sealant 34 (see fig. 2 and [0056]) that achieves the same goal as modified Cheon of venting gas when the expansion pressure excessively increases (see Yang [0071]).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to replace the sealant film of the sheet-shaped negative electrode including a notch of modified Cheon with the sealant film of Yang. Doing so achieves the same goal as modified Cheon of venting gas when the expansion pressure excessively increases (see Yang [0071]).
Response to Arguments
Applicant's arguments filed 07/08/2025 have been fully considered but they are not persuasive. Applicant argues that the Office failed to establish a prima facie case of obviousness in regards to the limitation of claim 1 that “a ratio of a minimum width of the sealant film to a maximum width of the sealant film ranges from ¼ to ¾.” Applicant argues that this ratio would not be an obvious optimization as cited in the Office Action of 04/08/2025 in view of the evidence of criticality at least in the non-limiting example of paragraph 0036 of the Pre-Grant Publication of the instant application. The examiner respectfully disagrees that paragraph 0036 of the Pre-Grant Publication is enough to show criticality. In MPEP 2144.05, “The law is replete with cases in which the difference between the claimed invention and the prior art is some range or other variable within the claims. . . . In such a situation, the applicant must show that the particular range is critical, generally by showing that the claimed range achieves unexpected results relative to the prior art range." In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). In re Scherl, 156 F.2d 72, 74-75, 70 USPQ 204, 205 (CCPA 1946) ("Where the issue of criticality is involved, the applicant has the burden of establishing his position by a proper showing of the facts upon which he relies."); In re Becket, 88 F.2d 684 (CCPA 1937). Applicant has not sufficiently shown the facts or data that supports the criticality of the claimed range such as “a sufficient number of tests both inside and outside the claimed range to show the criticality of the claimed range. In re Hill, 284 F.2d 955, 128 USPQ 197 (CCPA 1960).” See MPEP 716.02(c). As such, the 103 rejection of claim 1 is maintained.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 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 MADISON L KYLE whose telephone number is (571)272-0164. The examiner can normally be reached Monday - Friday 9 AM - 5 PM ET.
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/M.L.K./Examiner, Art Unit 1722
/ANCA EOFF/Primary Examiner, Art Unit 1722