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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 14 April 2025 has been entered.
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.
Claims 6-7, 9-13 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor regards as the invention.
Claim 6 recites “wherein bending the gas pocket into contact with the case main body comprises bending the gas pocket multiple times into contact with the case main body”. Claim 6 is dependent on claim 1, which is amended to recite “bending the intermediate portion of the pouch-shaped case, which envelops the gas pocket, into contact with the case main body”. Therefore, there is lack of antecedent basis for “wherein bending the gas pocket into contact with the case main body” in claim 6. The examiner suggests amending the claim to recite “wherein bending the intermediate portion into contact with the case main body comprises bending the intermediate portion multiple times into contact with the case main body” in order to overcome rejection. The interpretation of the suggested amendment is taken on in this Office Action for purposes of compact prosecution.
Claim 7 recites “wherein bending the gas pocket into contact with the case main body comprises bending the gas pocket into a bellows structure that is in contact with the case main body”. Claim 7 is dependent on claim 1, which is amended to recite “bending the intermediate portion of the pouch-shaped case, which envelops the gas pocket, into contact with the case main body”. Therefore, there is lack of antecedent basis for “wherein bending the gas pocket into contact with the case main body” in claim 7. The examiner suggests amending the claim to recite “wherein bending the intermediate portion into contact with the case main body comprises bending the intermediate portion into a bellows structure that is in contact with the case main body” in order to overcome rejection. The interpretation of the suggested amendment is taken on in this Office Action for purposes of compact prosecution.
Claim 9 recites the limitation “wherein bending the gas pocket into contact with the case main body comprises bending the gas pocket into contact with at least one of the side surfaces of the case main body”. Claim 9 is dependent on claim 1, which is amended to recite “bending the intermediate portion of the pouch-shaped case, which envelops the gas pocket, into contact with the case main body”. Therefore, there is lack of antecedent basis for “wherein bending the gas pocket into contact with the case main body” in claim 9. The examiner suggests amending the claim to recite “wherein bending the intermediate portion into contact with the case main body comprises bending the intermediate portion into contact with at least one of the side surfaces of the case main body” in order to overcome rejection. The interpretation of the suggested amendment is taken on in this Office Action for purposes of compact prosecution. This rejection also applies to claims 10-11 due to the claims’ dependency on claim 9.
Claim 12 recites the limitation “wherein bending the gas pocket into contact with the case main body comprises bending the gas pocket into contact with the upper surface or the lower surface of the case main body”. Claim 12 is dependent on claim 1, which is amended to recite “bending the intermediate portion of the pouch-shaped case, which envelops the gas pocket, into contact with the case main body”. Therefore, there is lack of antecedent basis for “wherein bending the gas pocket into contact with the case main body” in claim 12. The examiner suggests amending the claim to recite “wherein bending the intermediate portion into contact with the case main body comprises bending the intermediate portion into contact with the upper surface or the lower surface of the case main body” in order to overcome rejection. The interpretation of the suggested amendment is taken on in this Office Action for purposes of compact prosecution.
Claim 13 recites the limitation “the gas pocket is bent into contact”. Claim 13 is dependent on claims 12, which is then dependent on claim 1 that is amended to recite “bending the intermediate portion of the pouch-shaped case, which envelops the gas pocket, into contact with the case main body”. Therefore, there is lack of antecedent basis for “the gas pocket is bent into content” in claim 13. The examiner suggests amending the claim to recite “the intermediate portion is bent into contact” in order to overcome rejection. The interpretation of the suggested amendment is taken on in this Office Action for purposes of compact prosecution.
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 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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4, 6, 9-19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jang (US 2020/0358044 A1). This reference cited as Jang in this Office Action hereinafter.
Regarding claim 1, Jang discloses a method of forming a pouch-shaped secondary battery (“the present invention provides a pouch-type secondary battery” [0016]), comprising:
folding a single laminate sheet at a fold (fold defined between 121 and 122 in Fig. 1A) so as to define a pouch-shaped case (“a pouch 120” [0034]) having an upper portion (122 Fig. 1A; “a second sheathing portion” [0040]) and a lower portion on opposing sides of the fold (121 Fig. 1B; “a first sheathing portion” [0040]), the upper and lower portions being integrally joined by an intermediate portion therebetween (124 Fig. 1B; “a pair of lengthwise seal portions” [0041]), the intermediate portion containing the fold (Fig. 1B shows that the pair of lengthwise seal portions 124 contains the fold located between 121 and 122 depicted in Fig. 1A, which is the bottom of the pouch 120), and the pouch-shaped case receiving and enclosing an electrode assembly between the upper and lower portions (“The pouch, pouch sheath material or laminate sheath material 120 accommodates the electrode assembly 110” [0040]);
sealing the electrode assembly within the pouch-shaped case by adhering contacting edges of the upper and lower portions to one another ([0040]) along an adhered interface (“the pouch 120 may include a pair of lengthwise seal portions 124 and one widthwise seal portion 125, which are provided such that edges of the first and second sheathing portions 121 and 122, corresponding to the outer circumferential edges of the electrode assembly 110, are thermally fused to each other” [0041]); and
contracting a gas pocket enveloped by the intermediate portion of the pouch-shaped case into an initial contracted configuration (Figs. 3B and 10; “in the pouch 120, a primary folded portion F1 and a secondly folded portion F2 may be located at the lengthwise seal portions 124 and the unsealed portion 130, respectively” [0063]) in which at least a portion of the gas pocket is contracted towards the electrode assembly (“the unsealed portion 130 located thereat may also include the primary folded portion F1 that is upwardly folded , and the secondly folded portion F2 that is further folded downwardly , and there may further be a predetermined space 131 ranging from the recess 123 to the secondly folded portion F2 . That is to say , the space 131 corresponds to the unsealed portion 130.” [0065]),
wherein the gas pocket is not sealed or is sealed with a predetermined lower sealing strength than a sealing strength of the adhered interface between the upper portion and the lower portion (“the lengthwise seal portion 124 located at the region having the unsealed portion 130 has the width W2 smaller than the width W1 of the lengthwise seal portions 124 located at the region without the unsealed portion 130, the gas may be generated in the pouch 120, and the pouch 120 may be excessively welled. In such a case, the lengthwise seal portion 124 located at the region having the unsealed portion 130 is ruptured/opened” [0060] such that widthwise seal portion 125 is not ruptured/opened),
wherein the pouch-shaped case comprises a case main body, in which the electrode assembly is received (“a recess 123 having a predetermined depth to accommodate the electrode assembly 110” [0040]), with the gas pocket being positioned to one side of the case main body (“the unsealed portion 130 may be connected to the recess 123 to thus share the gas produced in the recess 123” [0051]), and wherein the step of contracting the gas pocket into the initial configuration comprises bending the intermediate portion of the pouch-shaped case, which envelops the gas pocket (“the lengthwise seal portions 124 with the unsealed portion 130 located thereat may also include the primary folded portion F1 that is upwardly folded, and the secondly folded portion F2 that is further folded downwardly, and there may further be a predetermined space 131 ranging from the recess 123 to the secondly folded portion F2. That is to say, the space 131 corresponds to the unsealed portion 130” [0065]), into contact with the case main body (Figs. 3B and 10 depicts second sheathing portion 122 contacting extending region 126 of first sheathing portion 121), and
wherein the intermediate portion is configured such that, when gas is generated in the pouch-shaped case, the gas pocket expands away from the electrode assembly into an expanded configuration forming an enlarged space for collecting the gas (“the pouch 120 may be swelled by the generated gas” [0088] and Fig. 10 shows a difference in width of battery 100 in the event of gas being generated in the pouch).
Regarding claim 2, Jang discloses the method of all the features set forth in claim 1 above, and wherein the intermediate portion extends along a first side of the electrode assembly (Figs. 3A, 3B and 10 show that the right side of the electrode assembly 110 corresponds to the claimed first side of the electrode assembly because this side contains the fold formed on the pouch 120), and wherein the adhering of the contacting edges to one another along the adhered interface is such that a complete perimeter of the pouch-shaped case encircling the electrode assembly in a first plane is closed (“the pouch 120 may include a pair of lengthwise seal portions 124 and one widthwise seal portion 125, which are provided such that edges of the first and second sheathing portions 121 and 122, corresponding to the outer circumferential edges of the electrode assembly 110, are thermally fused to each other” [0041]), the complete perimeter being defined by a combination of the intermediate portion extending along the first side of the electrode assembly and the adhered interface extending along the other sides of the electrode assembly other than the first side (Fig. 1B shows that lengthwise seal portions 124 and widthwise seal portion 125 comprises all sides of pouch 120 that contains the electrode assembly 110, including the side that the fold is formed in shown in Figs. 3A, 3B and 10).
Regarding claim 3, Jang discloses the method with all the features set forth in claim 2 above, and wherein the pouch-shaped case defines a first cross sectional area within the first plane when the intermediate portion is in the initial contracted configuration (the configuration shown in the top of Fig. 10), and wherein the intermediate portion is configured such that the pouch-shaped case defines a second cross sectional area within the first plane when the intermediate portion is in the expanded configuration (the configuration shown in the bottom of Fig. 10), the second cross sectional area being larger than the first cross sectional area (the configuration shown in the bottom of Fig. 10 has a larger width that the configuration shown in the top, which also corresponds to a larger cross sectional area due to this).
Regarding claim 4, Jang discloses the method with all the features set forth in claim 1 above, and wherein the pouch-shaped case has a planar quadrangular structure defining the complete perimeter (Fig. 1B shows that pouch 120 has a planar quadrangular structure), such that the complete perimeter is defined by the adhered interface along three sides of the quadrangular structure and by the fold along a fourth side of the quadrangular structure (Fig. 1B shows that lengthwise seal portions 124 and widthwise seal portion 125 defines all four sides of pouch 120, including the side that comprises unsealed portion 130 that is a constituent of the side that contains the fold shown in Figs. 3B and 10).
Regarding claim 6, Jang discloses the method with all the features set forth in claim 1 above, and wherein bending the gas pocket into contact with the case main body comprises bending the gas pocket multiple times into contact with the case main body (Fig. 3B shows that unsealed portion 130 is folded two times).
Regarding claim 9, Jang discloses the method with all the features set forth in claim 1 above, and wherein the case main body includes opposing upper and lower surfaces joined together by side surfaces that project transversely to the upper and lower surfaces (Figs. 1A, 2A and 2B show that first and second sheathing portions 121 and 122 has side edges that transversely projects from the sides of the electrode assembly 110) and extend around a perimeter of the upper and lower surfaces (the side edges of first and second sheathing portions 121 and 122 extends around the perimeter of planar region 128 shown in Fig. 1B), and wherein bending the gas pocket into contact with the case main body comprises bending the gas pocket into contact with at least one of the side surfaces of the case main body (Figs. 3A and 3B show that the folded side of pouch 120 contacts extending region 126).
Regarding claim 10, Jang discloses the method with all the features set forth in claim 9 above, and wherein the gas pocket is connected to the case main body along one of the side surfaces at an intermediate location between the upper and lower surfaces (Fig. 3B shows that unsealed portion 130 is connected to recess 123 of pouch 120).
Regarding claim 11, Jang discloses the method with all the features set forth in claim 9 above, and wherein the gas pocket is connected to the case main body along an edge where a first one of the side surfaces meets either the upper surface or the lower surface (Fig. 3 shows that unsealed region 130 is connected with the right side surface, or extending region 126 of pouch 120, that meets both first and second sheathing portions 121 and 122).
Regarding claim 12, Jang discloses the method with all the features set forth in claim 1 above, and wherein the case main body includes opposing upper and lower surfaces joined together by side surfaces that project transversely to the upper and lower surfaces (Fig. 5 shows that first and second sheathing portions 121 and 122 has side edges that transversely projects from extending region 126 of first sheathing portion 121 and from unsealed portion 330 formed in second sheathing portion 122) and extend around a perimeter of the upper and lower surfaces (Fig. 1B shows that lengthwise seal portions 124 and widthwise seal portion 125 comprises all sides of pouch 120 that contains the electrode assembly 110, including the side that the fold is formed in shown in Figs. 3A, 3B and 10, and “the pouch 120 may include a pair of lengthwise seal portions 124 and one widthwise seal portion 125, which are provided such that edges of the first and second sheathing portions 121 and 122, corresponding to the outer circumferential edges of the electrode assembly 110, are thermally fused to each other” [0041]), and wherein bending the gas pocket into contact with the case main body comprises bending the gas pocket into contact with the upper surface or the lower surface of the case main body (Fig. 3B shows that unsealed portion 130 is bent to be in contact with extending region 126 of second sheathing portion 122).
Regarding claim 13, Jang discloses the method with all the features set forth in claim 12 above, and wherein the gas pocket is connected to the case main body along an edge where a first one of the side surfaces meets either the upper surface or the lower surface of the case main body into which the gas pocket is bent into contact (Fig. 3 shows that unsealed region 130 is connected with the right side surface, or extending region 126 of pouch 120, that meets both first and second sheathing portions 121 and 122).
Regarding claim 14, Jang discloses the method with all the features set forth in claim 1 above, and further comprising contracting a second gas pocket towards the electrode assembly, the second gas pocket being arranged at an opposite side of the pouch-shaped case from the gas pocket enveloped by the intermediate portion (Figs. 3B and 10; “in the pouch 120, a primary folded portion F1 and a secondly folded portion F2 may be located at the lengthwise seal portions 124 and the unsealed portion 130, respectively” [0063] where Fig. 1B shows that unsealed portion is disposed on both longitudinal sides of the battery 100).
Regarding claim 15, Jang discloses the method with all the features set forth in claim 1 above, and wherein the adhering of the contacting edges to one another comprises adhering the contacting edges of the upper and lower portions to one another by thermal welding (“seal portions 124 and 125 are thermally fused to allow the first insulation layers 120 a to be adhered to each other, thereby sealing the pouch 120” [0047]).
Regarding claim 16, Jang discloses a method of forming a battery module, comprising: combining a plurality of pouch- shaped secondary batteries, each of the plurality of pouch-shaped secondary batteries being formed by the method set forth in claim 1 above (“Although the reference did not disclose a plurality …, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.” MPEP 2144.04 Legal Precedent as Source of Supporting Rationale, VI, B.).
Regarding claim 17, Jang discloses a method of forming a battery pack, comprising: combining a plurality of battery modules, each of the plurality of battery modules being formed by the method set forth in claim 16 above (“Although the reference did not disclose a plurality …, the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced.” MPEP 2144.04 Legal Precedent as Source of Supporting Rationale, VI, B.).
Regarding claim 18, Jang discloses the method with all the features set forth in claim 1 above, and wherein, when in the initial configuration, an outer surface of the intermediate portion is in contact with an outer surface of the case main body (Fig. 3 shows that unsealed region 130 is connected with the right side surface, or extending region 126 of pouch 120, that meets both first and second sheathing portions 121 and 122).
Regarding claim 19, Jang discloses the method with all the features set forth in claim 1 above, and wherein, when in the initial configuration, the intermediate portion of the pouch shaped-case is at least double folded (Fig. 3B shows that unsealed portion 130 is folded two times) and an outer surface of the intermediate portion is in contact with an outer surface of the case main body (Fig. 3B shows that the side edge of second sheathing portion 122 in the folded configuration contacts extending region 126 of first sheathing portion 121 disposed over electrode assembly 110).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Jang (US 2020/0358044 A1) in view of Yageta et al (US 2006/0257732 A1). The latter reference cited as Yageta in this Office Action hereinafter.
Regarding claims 7 and 8, Jang discloses the method with all the features set forth in claim 1 above, but does not disclose wherein bending the gas pocket into contact with the case main body comprises bending the gas pocket into a bellows structure that is in contact with the case main body, and
wherein bending the gas pocket into the bellows structure comprises attaching portions of the bellows structure to each other via an adhesive.
However, Yageta discloses a method of forming a pouch-shaped secondary battery (“a process for fabricating the film packaged battery” [0139]) comprising a pouch-shaped case having an upper portion and a lower portion (“The package has an upper component part and a lower component part” [0089]), and the pouch-shaped case receiving and enclosing an electrode assembly between the upper and lower portions (“The package has an upper component part and a lower component part. … A recess, in which the electrolyte cell is received, is formed in the lower component part.” [0089]), sealing the electrode assembly within the pouch-shaped case by adhering contacting edges of the upper and lower portions to one another along an adhered interface (“the upper component part is secured to the lower component part. It is preferable that the upper component part is fusion bonded to the lower component part.” [0089]), and contracting a gas pocket enveloped by the intermediate portion of the pouch-shaped case into an initial contracted configuration (“The resultant structure is placed in a vacuum chamber, and the flat upper component part 331 is fusion boded to the lower component part 332 along the peripheries thereof.” [0147]) in which at least a portion of the gas pocket is contracted towards the electrode assembly (“The electrolyte cell 111 is sealed in the film package 330.” [0147], configuration shown in Fig. 12B), wherein the intermediate portion is configured such that, when gas is generated in the pouch-shaped case, the gas pocket expands away from the electrode assembly into an expanded configuration forming an enlarged space for collecting the gas (“now that the film packaged battery 101 is operating in the abnormal conditions, gas is internally generated, and gives rise to increase of the internal pressure. The part of the lower component part 232 is stretched, and the lower component part 232 is recovered to the initial shape before the sealing.” [0136])
Yageta teaches wherein bending the gas pocket into contact with the case main body comprises bending the gas pocket into a bellows structure that is in contact with the case main body (Fig. 12B shows that multiple folds are involved to form the bulge portion 332b), and that bellows structure that is in contact with the case main body smoothly recovers and has a tendency to return to the expanded configuration from the contracted configuration as this is inherent of the bellows structure ([0149]).
Additionally, Yageta teaches wherein bending the gas pocket into the bellows structure comprises attaching portions of the bellows structure to each other via an adhesive (“The metal/alloy film may be shaped into the package shown in FIGS. 18 to 21 through a deep drawing for storing the electrolyte cell at high spacious efficiency. In case where a laminate film or laminate thin plate, which are an aluminum plate or steel plate of 30 microns thick to 500 microns thick having one or both surfaces coated with thermoplastic resin or metal adhesive resin of 5 microns thick to 100 microns thick, is used for the package” [0162] and “The upper component part 201 has a metal layer 212 sandwiched between metal adhesive resin layers 211” [0182], and Fig. 29 where warped portion 231 is formed on the upper component part of the pouch-shaped battery), and that the attaching portions via an adhesive hardly breaks, or maintains, the bends of the bended gas pocket when internal gas is generated (“This feature is desirable, because internally generated gas hardly breaks the pinched portions.” [0164]).
Therefore, it would have been obvious for a person having ordinary skill in the art to add to the method of Jang in view of Yageta wherein bending the gas pocket into contact with the case main body comprises bending the gas pocket into a bellows structure that comprises attaching portions of the bellows structure to each other via an adhesive in order to achieve a bending structure of the gas pocket that smoothly recovers and has a tendency to return to the expanded configuration from the contracted configuration as this is inherent of the bellows structure, and one that hardly breaks, or in other words maintains, the bends of the bended gas pocket in the bellows structure when internal gas is generated.
Response to Arguments
Applicant’s arguments with respect to claim 1 has been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLENE BERMUDEZ whose telephone number is (571)272-0610. The examiner can normally be reached Tuesdays and Thursdays generally from 10 AM to 7 PM EST.
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/CHARLENE BERMUDEZ/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721