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 .
Response to Amendment
Applicant’s amendment filed 01/22/2026 has been entered. Claims 1-20 are currently pending. Claims 1, 2, 4, 7, 10, 11, 13, 16, 17, and 20 are amended. Support for the amendments is found in paragraphs 0048-0054 and figures 5-6 of the examined application.
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 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 1 recites the limitations “the first end comprising a first section… and a second section”, and “the second section including, a first area of a first section on the second end”. It is unclear how the second section, which is recited to be located on the first end, can include a first area on the second end of the stack structure. For examination purposes, it will be interpreted as the first section of the second end to be below the lateral axis as the second section of the first end is.
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, 5, 8, 10-12, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20130143109 A1).
Regarding claim 1, Kim discloses a battery cell (paragraph 0048, figure 5, secondary battery 100), comprising: a stack structure comprising a first end and a second end (paragraph 0064, annotated figure 8), the first end comprising a first section that is above a lateral axis defined by a width of the stack structure and a second section that is below the lateral axis, the first section including a first area on a first side of a vertical axis defined by a height of the stack structure, the second section including a second area, the second section including a first area of a first section on the second end located on the first side of the vertical axis and diagonally opposite the first area of the first end and a second area of a second section on the second end located on the first side of the vertical axis and diagonally opposite the second area of the first end (annotated figure 8), the stack structure comprising: an anode layer between the first end and the second end; a cathode layer between the first end and the second end (paragraph 0064, figure 8, cathode plate 50 and anode plate 51); a first anode tab on the first area of the first section (paragraphs 0067-0068, figure 8, anode tab 130), the first anode tab electrically coupled with the anode layer to define at least part of a negative terminal (paragraph 0056); a second anode tab on the second area of the second section on the first end on a second anode layer, the first anode tab diagonally opposite the second anode tab (paragraphs 0067-0068, figure 8); a first cathode tab on the first area of the first section, the first cathode tab electrically coupled with the cathode layer to define at least part of a positive terminal (paragraphs 0067-0068, 0056, figure 8, cathode tab 120); a second cathode tab on the second area of the second section on the second end on a second cathode layer, the first cathode tab diagonally opposite the second cathode tab (paragraphs 0067-0068, figure 8); the first anode tab of the first anode layer and the second anode tab of the second anode layer forming a first diagonally opposite tab configuration; and the first cathode tab in the cathode layer and the second cathode tab of the second cathode layer forming a second diagonally opposite tab configuration (annotated figure 8), wherein each anode layer and each cathode layer alternate within the stack structure (paragraphs 0064-0066, figure 8), wherein the first diagonally opposite tab configuration and the second diagonally opposite tab configuration intersect to form an x configuration to distribute thermal energy throughout the stack structure between the first end and the second end (paragraph 0089, the lead structure overcomes non-equity of heat generation, annotated figure 8). The configuration described by Kim in reference to figure 8 does not explicitly state that the first anode tab is on the first end of a longitudinal axis defined between the first end and the second end, and the first cathode tab is on the second end of the longitudinal axis. However, Kim discloses that the invention is not limited in this regard and that a variety of modifications depending on the direction and number of tabs is obvious. The reference teaches that the direction of the anode and cathode tabs in the upper and lower portions can be changed from that of figure 8 (Kim paragraphs 0067-0068). Kim is clearly and expressly teaching that the tab directions of the upper or lower tabs in the configuration of figure 8 may be changed, which may result in the claimed configuration, and that one of ordinary skill in the art could would find these modifications obvious (paragraphs 0068-0069).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the battery cell disclosed by Kim by changing the direction of the tabs so that the first anode tab is on the first end of a longitudinal axis defined between the first end and the second end, and the first cathode tab is on the second end of the longitudinal axis. The Supreme Court decided that a claim can be proved obvious merely by showing that the combination of known elements was obvious to try. In this regard, the Supreme Court explained that, “[w]hen there is a design need or market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill in the art has a good reason to pursue the known options within his or her technical grasp.” See KSR International Co. v. Teleflex Inc., 550 U.S. 421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, E.). Kim outlines design problems regarding the arrangement of battery tabs and leads (paragraphs 0018-0022). The reference further teaches a finite number of solutions and modifications including changing the direction of the positive and negative tabs, and that the modifications are obvious to one of ordinary skill in the art (paragraph 0068-0069).
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Regarding claim 2, Kim discloses the limitations of claim 1. Kim further discloses that the stack structure includes a plurality of sections, the plurality of sections including the first section and the second section, the first section including the anode layer, the cathode layer, the first anode tab, and the first cathode tab, the second section including: the second anode layer between the first end and the second end; the second cathode layer between the first end and the second end; the second anode tab on the second area of the first end, the second anode tab electrically coupled with the second anode layer to define at least part of the negative terminal; and the second cathode tab on the first area of the second end, the second cathode tab electrically coupled with the second cathode layer to define at least part of the positive terminal (paragraphs 0056, 0067-0068, annotated figure 8).
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Regarding claim 3, Kim discloses the limitations of claim 1. Kim further discloses he stack structure including a plurality of sections, at least one of the plurality of sections including: a plurality of anode layers between the first end and the second end in a corresponding section; a plurality of cathode layers between the first end and the second end in the corresponding section, the plurality of cathode layers alternating with the plurality of anode layers (paragraphs 0067-0068, figure 8, annotated figure 8, anode plate 51, cathode plate 50, anode tabs 130, cathode tabs 120); a plurality of anode tabs on the first area of the first end in the corresponding section, each of the plurality of anode tabs electrically coupled with a corresponding anode layer of the plurality of anode layers to define at least part of the negative terminal (paragraphs 0054-0056); and a plurality of cathode tabs on the second area of the second end in the corresponding section, each of the plurality of cathode tabs electrically coupled with a corresponding cathode layer of the plurality of cathode layers to define at least part of the positive terminal (paragraphs 0054-0056, 0067-0068, annotated figure 8).
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Regarding claim 5, Kim discloses the limitations of claim 1. Kim further discloses the first end and the second end opposite of the first end, the first area of the second end aligned with the first area of the first end along the longitudinal axis, the second area of the second end aligned with the second area of the first end along a second longitudinal axis defined between the first end and the second end, the longitudinal axis substantially parallel with the second longitudinal axis (annotated figure 8).
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Regarding claim 8, Kim discloses the limitations of claim 1. Kim further discloses the first anode tab to couple with a first current carrier to electrically couple the first current carrier with the anode layer, the first cathode tab to couple with a second current carrier to electrically couple the second current carrier with the cathode layer (paragraphs 0054-0056).
Regarding claim 10, Kim discloses a method, comprising: disposing an anode layer between a first end and a second end of a stack structure; the first end comprising a first section that is above a lateral axis defined by the width of the stack structure and a second section that is below the lateral axis, the first section including a first area on a first side of a vertical axis defined by a height of the stack structure, the second section including a second area on a second side of the vertical axis, a first area of a first section on the second end located on the second side of the vertical axis and diagonally opposite the first area of the first end and a second area of a second section on the second end located on the first side of the vertical axis and diagonally opposite the second area of the first end (annotated figure 8); disposing a cathode layer between the first end and the second end of the stack structure (paragraph 0064); defining, a first anode tab on the first area of the first section on the first end (annotated figure 8), the first anode tab electrically coupled with the anode layer to define at least part of a negative terminal (paragraph 0056); defining, a second anode tab on the second area of the second section on the first end on a second anode layer, the first anode tab diagonally opposite the second anode tab (paragraphs 0067-0068, figure 8, anode plate 51 and anode tab 130); defining, a first cathode tab on the first area of the first section on the second end, the first cathode tab electrically coupled with the cathode layer to define at least part of a positive terminal (paragraphs 0056, 0067-0068, figure 8, cathode plate 50 and cathode tab 120); defining, a second cathode tab on the second area on the second end on a second cathode layer, the first cathode tab diagonally opposite the second cathode tab (paragraphs 0067-0068, figure 8); forming a first diagonally opposite tab configuration from the first anode tab of the first anode layer and the second anode tab of the second anode layer; and forming a second diagonally opposite tab configuration from the second anode tab in the second anode layer and the second cathode tab of the second cathode layer (annotated figure 8), wherein each anode layer and each cathode layer alternate within the stack structure (paragraphs 0064-0066, figure 8), wherein the first diagonally opposite tab configuration and the second diagonally opposite tab configuration intersect to form an x configuration to distribute thermal energy throughout the stack structure between the first end and the second end (paragraph 0089, the lead structure overcomes non-equity of heat generation, annotated figure 8). The configuration described by Kim in reference to figure 8 does not explicitly state that the first anode tab is on the first end of a longitudinal axis defined between the first end and the second end, and the first cathode tab is on the second end of the longitudinal axis. However, Kim discloses that the invention is not limited in this regard and that a variety of modifications depending on the direction and number of tabs is obvious. The reference teaches that the direction of the anode and cathode tabs in the upper and lower portions can be changed from that of figure 8 (Kim paragraphs 0067-0068). Kim is clearly and expressly teaching that the tab directions of the upper or lower tabs in the configuration of figure 8 may be changed, which may result in the claimed configuration, and that one of ordinary skill in the art could would find these modifications obvious (paragraphs 0068-0069).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the battery cell disclosed by Kim by changing the direction of the tabs so that the first anode tab is on the first end of a longitudinal axis defined between the first end and the second end, and the first cathode tab is on the second end of the longitudinal axis. The Supreme Court decided that a claim can be proved obvious merely by showing that the combination of known elements was obvious to try. In this regard, the Supreme Court explained that, “[w]hen there is a design need or market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill in the art has a good reason to pursue the known options within his or her technical grasp.” See KSR International Co. v. Teleflex Inc., 550 U.S. 421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, E.). Kim outlines design problems regarding the arrangement of battery tabs and leads (paragraphs 0018-0022). The reference further teaches a finite number of solutions and modifications including changing the direction of the positive and negative tabs, and that the modifications are obvious to one of ordinary skill in the art (paragraph 0068-0069).
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Regarding claim 11, Kim discloses the limitations of claim 10 comprising: defining, in the stack structure, a plurality of sections, the plurality of sections comprising the first section and the second section, the first section comprising the anode layer, the cathode layer, the single first anode tab, and the single first cathode tab; disposing the second anode layer between the first end and the second end in the second section of the stack structure; disposing the second cathode layer between the first end and the second end in the second section of the stack structure; defining the second anode tab on the second area of the first end aligned with the second area of the second end, the second anode tab electrically coupled with the second anode layer to define at least part of the negative terminal; and defining the second cathode tab on the first area of the second end aligned with the first area of the first end, the second cathode tab electrically coupled with the second cathode layer to define at least part of the positive terminal (paragraphs 0056, 0067-0068, annotated figure 8).
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Regarding claim 12, Kim discloses the limitations of claim 10, comprising defining, in the stack structure, a plurality of sections, at least one of the plurality of sections comprising: a plurality of anode layers between the first end and the second end in a corresponding section; a plurality of cathode layers between the first end and the second end in the corresponding section, the plurality of cathode layers alternating with the plurality of anode layers (paragraphs 0067-0068, figure 8, annotated figure 8, anode plate 51, cathode plate 50, anode tabs 130, cathode tabs 120); a plurality of anode tabs on the first area of the first end in the corresponding section, each of the plurality of anode tabs electrically coupled with a corresponding anode layer of the plurality of anode layers to define at least part of the negative terminal (paragraphs 0054-0056); and a plurality of cathode tabs on the second area of the second end in the corresponding section, each of the plurality of cathode tabs electrically coupled with a corresponding cathode layer of the plurality of cathode layers to define at least part of the positive terminal (paragraphs 0054-0056, 0067-0068, annotated figure 8).
Regarding claim 14, Kim discloses the limitations of claim 10, comprising: coupling the first anode tab with a first current carrier to electrically couple the first current carrier with the anode layer; and coupling the first cathode tab with a second current carrier to electrically couple the second current carrier with the cathode layer (paragraphs 0054-0056).
Claims 4 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20130143109 A1) in view of Harvey (WO 2020028278 A2).
Regarding claim 4, Kim discloses the limitations of claim 1. Kim further discloses a housing to define a cavity within which to dispose the stack structure (paragraph 0048, figure 5, casing 160). Kim is silent regarding the housing including: a third side and a fourth side, the third side comprising a first region and a second region, a first region of the fourth side aligned with the first region of the third side and a second region of the fourth side aligned with the second region of the third side; a first structure on the first region of the third side, the first structure electrically coupled with the first anode tab to define at least part of the negative terminal; and a second structure on the second region of the second side, the second structure electrically coupled with the first cathode tab to define at least part of the positive terminal.
Harvey discloses battery cell comprising a stack structure (Harvey paragraph 0025, figures 8-10). Harvey further discloses a housing to define a cavity within which to dispose the stack structure (Harvey paragraph 0058, figure 12, module housing 753), the housing including: a first side and a second side (equivalent to the claimed third and fourth sides, respectively), the first side comprising a first region and a second region, a first region of the second side aligned with the first region of the first end and a second region of the second side aligned with the second region of the first side (Harvey paragraph 0060, annotated figure 12); a first structure on the first region of the first side, the first structure electrically coupled with the anode tab to define at least part of the negative terminal (Harvey paragraph 0060, annotated figure 12, negative terminal 757); and a second structure on the second region of the second side, the second structure electrically coupled with the cathode tab to define at least part of the positive terminal (Harvey paragraph 0060, annotated figure 12, positive terminal 753). The reference teaches that due to the module structure battery operation even during degradation of a weld within a cell may be maintained (Harvey paragraph 0060). Harvey and Kim are analogous because they both disclose battery cells comprising stack structures.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the battery cell disclosed by Kim to include the housing disclosed by Harvey. Doing so would allow battery operation even during degradation of a weld within a cell to be maintained.
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Regarding claim 13, Kim discloses the limitations of claim 10, disposing, within a cavity defined by a housing, the stack structure (paragraph 0048, figure 5, casing 160). Kim is silent regarding the housing including: a third side and a fourth side, the third side comprising a first region and a second region, a first region of the fourth side aligned with the first region of the third side and a second region of the fourth side aligned with the second region of the third side; a first structure on the first region of the third side, the first structure electrically coupled with the first anode tab to define at least part of the negative terminal; and a second structure on the second region of the second side, the second structure electrically coupled with the first cathode tab to define at least part of the positive terminal.
Harvey discloses battery cell comprising a stack structure (Harvey paragraph 0025, figures 8-10). Harvey further discloses a housing to define a cavity within which to dispose the stack structure (Harvey paragraph 0058, figure 12, module housing 753), the housing including: a first side and a second side (equivalent to the claimed third and fourth sides, respectively), the first side comprising a first region and a second region, a first region of the second side aligned with the first region of the first end and a second region of the second side aligned with the second region of the first side (Harvey paragraph 0060, annotated figure 12); a first structure on the first region of the first side, the first structure electrically coupled with the anode tab to define at least part of the negative terminal (Harvey paragraph 0060, annotated figure 12, negative terminal 757); and a second structure on the second region of the second side, the second structure electrically coupled with the cathode tab to define at least part of the positive terminal (Harvey paragraph 0060, annotated figure 12, positive terminal 753). The reference teaches that due to the module structure battery operation even during degradation of a weld within a cell may be maintained (Harvey paragraph 0060). Harvey and Kim are analogous because they both disclose battery cells comprising stack structures.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the battery cell disclosed by Kim to include the housing disclosed by Harvey. Doing so would allow battery operation even during degradation of a weld within a cell to be maintained.
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Claims 6, 9, and 15-19 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20130143109 A1) in view of Que (US 20210066687 A1).
Regarding claim 6, Kim discloses the limitations of claim 1. Kim further discloses that the single anode tab on the first area of the first end is situated on the diagonal axis relative to the single cathode tab situated on the second area of the second end (figure 8, anode tabs 120 and cathode tabs 130). Kim is silent regarding conveying electric current between the negative terminal and the positive terminal along the diagonal axis in the stack structure.
Que discloses an electrode stack (Que paragraph 0053) that conveys electric current between the negative terminal and the positive terminal in a diagonal direction (Que paragraph 0147, figure 7F, path 594 from negative tab component 572 to positive tab component 574). Que further discloses that the path may be shorter than a path that is substantially parallel to the first electrode dimension (Que paragraph 0147, figure 7B, first electrode dimension 536). Que teaches that as a result, the electrochemical device may facilitate improvements in current density compared to a cell having current that flows parallel to a first electrode dimension (Que paragraph 0147). Que and Kim are analogous because they both disclose electrode stacks.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the stack structure disclosed by Kim to have current conveyed between the negative terminal and the positive terminal along the diagonal axis. Doing so would facilitate improvements in current density compared to a cell having current that flows parallel to a first electrode dimension.
Regarding claim 9, Kim discloses the limitations of claim 1. Kim is silent regarding the stack structure storing electric power to provide to at least one component of an electric vehicle.
Que discloses an electrode stack (Que paragraph 0053) that stores and provides power to at least one component of an electric vehicle (Que paragraphs 0004, 0062). Que further discloses that battery powered vehicles show promise as a transportation option as technical advances continue to be made in battery power, lifetimes, and cost, and that it is desirable to provide batteries capable of providing longer drive ranges and shorter charge times (Que paragraph 0004). Que and Kim are analogous because they both disclose electrode stack structures.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the stack structure to disclosed by Kim to store electric power to provide to at least one component of an electric vehicle as disclosed by Que. Doing so would contribute to providing capable batteries for a promising transportation option. Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, F.). The claim would have been obvious because design incentives or other market forces provided a reason to make an adaptation of a known device, and implementing the adaptation in a predictable manner results in the claimed invention. In this case, the design incentives to provide capable batteries to improve electric vehicles leads one skilled in the art to the use of the stack structure disclosed by Kim to provide energy to an electric vehicle.
Regarding claim 15, Kim discloses the limitations of claim 10. Kim further discloses situating the anode tab on the first area of the first end on a diagonal axis relative to the cathode tab situated on the second area of the second end (annotated figure 8, anode tab 130 and cathode tab 120). Kim is silent regarding conveying electric current between the negative terminal and the positive terminal along the diagonal axis in the stack structure.
Que discloses an electrode stack (Que paragraph 0053) that conveys electric current between the negative terminal and the positive terminal in a diagonal direction (Que paragraph 0147, figure 7F, path 594 from negative tab component 572 to positive tab component 574). Que further discloses that the path may be shorter than a path that is substantially parallel to the first electrode dimension (Que paragraph 0147, figure 7B, first electrode dimension 536). Que teaches that as a result, the electrochemical device may facilitate improvements in current density compared to a cell having current that flows parallel to a first electrode dimension (Que paragraph 0147). Que and Kim are analogous because they both disclose electrode stacks.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the stack structure disclosed by Kim to have current conveyed between the negative terminal and the positive terminal along the diagonal axis. Doing so would facilitate improvements in current density compared to a cell having current that flows parallel to a first electrode dimension.
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Regarding claim 16, Kim discloses a battery pack (paragraphs 0016, 0048, figure 5, secondary battery 100), a housing arranged in the battery pack, defining a cavity (paragraph 0048, figure 5, casing 160); and a stack structure disposed in the housing, the stack structure comprising: a first end and a second end (paragraph 0064, annotated figure 8), the first end comprising a first section that is above a lateral axis defined by a width of the stack structure and a second section that is below the lateral axis, the first section including a first area on a first side of a vertical axis defined by a height of the stack structure, the second section including a second area, the second section including a first area of a first section on the second end located on the first side of the vertical axis and diagonally opposite the first area of the first end and a second area of a second section on the second end located on the first side of the vertical axis and diagonally opposite the second area of the first end (annotated figure 8), the stack structure comprising: an anode layer between the first end and the second end; a cathode layer between the first end and the second end (paragraph 0064, figure 8, cathode plate 50 and anode plate 51); a first anode tab on the first area of the first section (paragraphs 0067-0068, figure 8, anode tab 130), the first anode tab electrically coupled with the anode layer to define at least part of a negative terminal (paragraph 0056); a second anode tab on the second area of the second section on the first end on a second anode layer, the first anode tab diagonally opposite the second anode tab (paragraphs 0067-0068, figure 8); a first cathode tab on the first area of the first section, the first cathode tab electrically coupled with the cathode layer to define at least part of a positive terminal (paragraphs 0067-0068, 0056, figure 8, cathode tab 120); a second cathode tab on the second area of the second section on the second end on a second cathode layer, the first cathode tab diagonally opposite the second cathode tab (paragraphs 0067-0068, figure 8); the first anode tab of the first anode layer and the second anode tab of the second anode layer forming a first diagonally opposite tab configuration; and the first cathode tab in the cathode layer and the second cathode tab of the second cathode layer forming a second diagonally opposite tab configuration (annotated figure 8), wherein each anode layer and each cathode layer alternate within the stack structure (paragraphs 0064-0066, figure 8), wherein the first diagonally opposite tab configuration and the second diagonally opposite tab configuration intersect to form an x configuration to distribute thermal energy throughout the stack structure between the first end and the second end (paragraph 0089, the lead structure overcomes non-equity of heat generation, annotated figure 8). The configuration described by Kim in reference to figure 8 does not explicitly state that the first anode tab is on the first end of a longitudinal axis defined between the first end and the second end, and the first cathode tab is on the second end of the longitudinal axis. However, Kim discloses that the invention is not limited in this regard and that a variety of modifications depending on the direction and number of tabs is obvious. The reference teaches that the direction of the anode and cathode tabs in the upper and lower portions can be changed from that of figure 8 (Kim paragraphs 0067-0068). Kim is clearly and expressly teaching that the tab directions of the upper or lower tabs in the configuration of figure 8 may be changed, which may result in the claimed configuration, and that one of ordinary skill in the art could would find these modifications obvious (paragraphs 0068-0069).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the battery cell disclosed by Kim by changing the direction of the tabs so that the first anode tab is on the first end of a longitudinal axis defined between the first end and the second end, and the first cathode tab is on the second end of the longitudinal axis. The Supreme Court decided that a claim can be proved obvious merely by showing that the combination of known elements was obvious to try. In this regard, the Supreme Court explained that, “[w]hen there is a design need or market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill in the art has a good reason to pursue the known options within his or her technical grasp.” See KSR International Co. v. Teleflex Inc., 550 U.S. 421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, E.). Kim outlines design problems regarding the arrangement of battery tabs and leads (paragraphs 0018-0022). The reference further teaches a finite number of solutions and modifications including changing the direction of the positive and negative tabs, and that the modifications are obvious to one of ordinary skill in the art (paragraph 0068-0069).
Kim is silent regarding an electric vehicle comprising the disclosed battery pack to power one or more components of the electric vehicle.
Que discloses a battery pack containing a stack structure (Que paragraphs 0052-0053) and an electric vehicle comprising the battery to power one of more components of the electric vehicle (Que paragraphs 0004, 0062). Que further discloses that battery powered vehicles show promise as a transportation option as technical advances continue to be made in battery power, lifetimes, and cost, and that it is desirable to provide batteries capable of providing longer drive ranges and shorter charge times (Que paragraph 0004). Que and Kim are analogous because they both disclose electrode stack structures.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the stack structure to disclosed by Kim to be a part of an electric vehicle and store to provide power to at least one component of an electric vehicle as disclosed by Que. Doing so would contribute to providing capable batteries for a promising transportation option. Known work in one field of endeavor may prompt variations of it for use in either the same field or a different one based on design incentives or other market forces if the variations are predictable to one of ordinary skill in the art. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, F.). The claim would have been obvious because design incentives or other market forces provided a reason to make an adaptation of a known device, and implementing the adaptation in a predictable manner results in the claimed invention. In this case, the design incentives to provide capable batteries to improve electric vehicles leads one skilled in the art to the use of the stack structure disclosed by Kim to be used within an electric vehicle to provide energy to an electric vehicle as disclosed by Que.
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Regarding claim 17, modified Kim discloses the limitations of claim 16. Kim further discloses the stack structure including a plurality of sections, the plurality of sections comprising the first section and the second section, the first section including the anode layer, the cathode layer, the first anode tab, and the first cathode tab, the second section including: the second anode layer between the first end and the second end; the second cathode layer between the first end and the second end; the second anode tab on the tab edge of the second area of the first end, the second anode tab electrically coupled with the second anode layer to define at least part of the negative terminal; and the second cathode tab on the first area of the second end, the second cathode tab electrically coupled with the second cathode layer to define at least part of the positive terminal (paragraphs 0056, 0067-0068, annotated figure 8).
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Regarding claim 18, modified Kim discloses the limitations of claim 16. Kim further discloses that the stack structure comprises: a plurality of anode layers between the first end and the second end in a corresponding section; a plurality of cathode layers between the first end and the second end in the corresponding section, the plurality of cathode layers alternating with the plurality of anode layers(figure 8 anode plates 51 and cathode plates 50); a plurality of anode tabs on the first area of the first end in the corresponding section, each of the plurality of anode tabs electrically coupled with a corresponding anode layer of the plurality of anode layers to define at least part of the negative terminal; and a plurality of cathode tabs on the second area of the second end in the corresponding section, each of the plurality of cathode tabs electrically coupled with a corresponding cathode layer of the plurality of cathode layers to define at least part of the positive terminal (paragraphs 0054-0056, 0067-0068, figure 8, cathode tabs 120 and anode tabs 130).
Regarding claim 19, modified Kim discloses the limitations of claim 16, comprising: the first anode tab to couple a first current carrier with the anode layer; and the first cathode tab to couple a second current carrier with the cathode layer (paragraphs 0054-0056).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 20130143109 A1) in view of Que (US 20210066687 A1) as applied to claim 16, and further in view of Harvey (WO 2020028278 A2).
Regarding claim 20, modified Kim discloses the limitations of claim 16. Kim is silent regarding the housing comprising: a third side and a fourth side, the third side comprising a first region and a second region, a first region of the fourth side aligned with the first region of the third side and a second region of the fourth side aligned with the second region of the third side; a first structure on the first region of the third side, the first structure electrically coupled with the first anode tab to define at least part of the negative terminal; and a second structure on the second region of the fourth side, the second structure electrically coupled with the first cathode tab to define at least part of the positive terminal.
Harvey discloses battery cell comprising a stack structure (Harvey paragraph 0025, figures 8-10). Harvey further discloses a housing to define a cavity within which to dispose the stack structure (Harvey paragraph 0058, figure 12, module housing 753), the housing including: a first side and a second side (equivalent to the claimed third and fourth sides, respectively), the first side comprising a first region and a second region, a first region of the second side aligned with the first region of the first end and a second region of the second side aligned with the second region of the first side (Harvey paragraph 0060, annotated figure 12); a first structure on the first region of the first side, the first structure electrically coupled with the anode tab to define at least part of the negative terminal (Harvey paragraph 0060, annotated figure 12, negative terminal 757); and a second structure on the second region of the second side, the second structure electrically coupled with the cathode tab to define at least part of the positive terminal (Harvey paragraph 0060, annotated figure 12, positive terminal 753). The reference teaches that due to the module structure battery operation even during degradation of a weld within a cell may be maintained (Harvey paragraph 0060). Harvey and Kim are analogous because they both disclose battery cells comprising stack structures.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the battery cell disclosed by Kim to include the housing disclosed by Harvey. Doing so would allow battery operation even during degradation of a weld within a cell to be maintained.
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Response to Arguments
Applicant's arguments filed 01/22/2026 have been fully considered but they are not persuasive.
Applicant argues that the independent claims as amended recite features not taught by the cited prior art. However, Kim does disclose the claimed configuration, rendering it obvious in view of Kim’s teaching (see claim 1 rejection). Kim discloses a substantially similar configuration to the claimed invention and explicitly discloses that modifications regarding the tab directions are obvious to one of ordinary skill in the art. Therefore, the claimed invention is obvious in view of the teachings of Kim, and a person of ordinary skill in the art would easily arrive at the claimed invention.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
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/B.T.L./Examiner, Art Unit 1727
/Maria Laios/Primary Examiner, Art Unit 1727