DETAILED ACTION
This Office Action is responsive to the July 10th, 2026 arguments and remarks (“Remarks”).
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 Amendments
In response to the amendments received in the Remarks on July 10th, 2026:
Claims 1-13 are pending in the current application. Claims 1-2, 4-7, and 9-10 have been amended.
The cores of the previous prior art-based rejections have been overcome in light of the amendment. All changes made to the rejection are as necessitated by the amendment.
Response to Arguments
Applicant’s arguments filed with the Remarks on July 10th, 2026 with respect to claims 1-13 are based on the claims as amended. While Applicant’s arguments are acknowledged, they are found to be moot in view of the new grounds of rejection, presented below, as necessitated by Applicant’s amendments to the Claims.
Prior Art
Kim US PG Publication 2007/0224494 (“Kim”)
Previously cited Fu CN111211279 (“Fu”)
Previously cited Joo US PG Publication 2018/0337379 (“Joo”)
Previously cited Hiroshi JP2015210944 (“Hiroshi”) **cited in IDS received on April 15th, 2022
Previously cited Kwon US PG Publication 2016/0099456 (“Kwon”)
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office Action.
Claims 1-4, 6, 8, and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kim US PG Publication 2007/0224494 in view of Fu CN111211279 (machine translation provided in a previous Office Action, for purposes of examination US PG Publication 2020/0168872 is cited throughout).
Regarding Claim 1, Kim discloses a rechargeable battery 200 (corresponding to the instantly claimed secondary battery) (Abstract, [0032], entire disclosure dependent upon) comprising:
an electrode assembly 205 (Abstract, Fig. 1, [0032]) comprising:
a positive electrode plate 210 (first electrode plate) comprising a positive electrode tab 215 (first electrode tab) that is a non-coated portion of the first electrode plate 210 that protrudes in one direction (Fig 3, [0033]-[0034], [0038]),
a negative electrode plate 220 (second electrode plate) (Fig. 3, [0033]), and
a separator 230 between the first electrode plate 210 and the second electrode plate 220 (Fig. 3, [0033]);
a can 240 (case) in which the electrode assembly 205 is received (Fig. 1, [0032]);
a cap assembly 280 (cap plate) for sealing an upper end portion of the case 240 (Fig. 1, [0032]); and
a first terminal part comprising a lamination tape attached to a welded portion between the first electrode tab 215 and the first electrode plate 210 of the electrode assembly 205, the first terminal part being exposed to an outside of the cap plate 280 (Fig. 1, [0038]),
wherein an outermost portion of the separator is positioned at an outermost part of the electrode assembly 205 in the instance wherein the separator covers the outer circumference of the electrode assembly 205 ([0037]), and a sealing tape 236 (coating layer) coated on a surface of the outermost portion of the separator 230 that is an exterior surface of the electrode assembly 205 ([0033], [0041]-[0043]), and
wherein the non-coated portion of the first electrode plate 210 as defined by the first electrode tab 215 extends past the separator 230 in the one direction (Figs. 1-3, [0032]-[0034], [0037]-[0038]).
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Annotated Figure 3 of Kim
Kim fails to explicitly disclose wherein the coating layer comprises a heat-resistant material1. However, Fu discloses a separator for a lithium ion battery (Abstract, entire disclosure dependent upon).
Fu teaches disposing the separator on the outmost surface of the electrode assembly such that when the battery is subject to force, the outermost separator is the first part of the electrode assembly subjected to force, thereby providing timely protection ([0049]), and that it is beneficial to include at least one coating layer on the separator that comprises temperature resistant materials such as polyimide in order to achieve a high thermal stability (Fig. 1-3, [0019], [0042]-[0044]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the secondary battery of Kim such that the coating layer comprises a heat-resistant material, such as polyimide, in order to achieve a high thermal stability, as taught by Fu.
1 The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
Regarding Claim 2, Kim in view of Fu teaches the instantly claimed secondary battery according to Claim 1, and Kim discloses wherein the electrode assembly 205 has a wound/cylindrical shape (Fig. 3, [0043], [0055]) comprising a wound stack of the first electrode plate 210, the separator 230, and the second electrode plate 220, and a negative electrode tab 225 (second electrode tab) that is a non-coated portion of the second electrode plate 220 protrudes in a direction opposite to the one direction (Fig. 3, [0032]-[0035], [0055]).
A person having ordinary skill in the art would recognize that the wound/cylindrical shape of Kim would read on the instantly claimed jelly roll shape. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See In re Dailey, 149 USPQ 47 (CCPA 1976) (see MPEP § 2144.04).
Regarding Claim 3, Kim in view of Fu teaches the instantly claimed secondary battery according to Claim 1, and Kim discloses wherein the electrode assembly 205 is a stack form in which the first electrode plate 210, the separator 230, the second electrode plate 220, and the separator 230 are sequentially stacked (Fig. 3, [0032]-[0037]), and a negative electrode tab 225 (second electrode tab) that is a non-coated portion of the second electrode plate 220 protrudes in a direction opposite to the one direction (Fig. 3, [0032]-[0035], [0055]).
Regarding Claim 4, Kim in view of Fu teaches the instantly claimed secondary battery according to Claim 2, and Kim discloses wherein the coating layer 236 is coated to cover all outer surfaces of the separator 230 (by extending between top plate 234 and bottom plate 232) (Fig. 3, [0042]), and the first electrode tab 215 and the second electrode tab 225 protrude from the coating layer 236 to opposite sides in a longitudinal direction of the electrode assembly 205, respectively (Fig. 3, [0032]-[0036]).
Regarding Claim 6, Kim in view of Fu teaches the instantly claimed secondary battery according to Claim 2, and Kim discloses wherein the coating layer 236 is coated to cover the separator 230 on a long side of the exterior of the electrode assembly 205 (Fig. 3, [0032]-[0043), and the separator is exposed to an outside of the case 240 via holes 235 in the upper and lower surfaces of the case 240 comprising the electrode assembly 205 (Figs. 2-3, [0040]).
Regarding Claim 8, Kim in view of Fu teaches the instantly claimed secondary battery according to Claim 3. While Kim does not explicitly disclose wherein the coating layer 236 is coated on an inner surface of the outermost portion of the separator, Fu teaches that it is beneficial to include at least one coating layer on the separator that comprises temperature resistant materials such as polyimide in order to achieve a high thermal stability (Fig. 1-3, [0019], [0042]-[0044]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the battery of Kim in view of Fu such that the inner surface of the outermost portion of the separator is coated with the polyimide temperature resistant material in order to achieve a high thermal stability, as taught by Fu.
Regarding Claim 11, Kim in view of Fu teaches the instantly claimed secondary battery according to Claim 1. While Kim discloses wherein the separator 230 is a porous polymer film ([0037]), Kim fails to explicitly disclose the material1.
However, Fu teaches a separator comprising a polymer film made of polyethylene (PE) has high thermal stability and has good toughness while still being easy to bend ([0046]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the battery of Kim in view of Fu such that the separator comprises polyethylene (PE) (which meets the claim limitation of polystyrene (PS), polyethylene (PE), polypropylene (PP), polyvinylidene fluoride (PVdF), polytetrafluoroethylene (PTFE), polyurethane (PU), polymethyl pentene (PMP), polyethylene terephthalate (PET), polycarbonate (PC), polyester, polyvinyl alcohol (PVA), polyacrylonitrile (PAN), silicon acrylic rubber, ethylene-methyl acrylate copolymer, polymethylene oxide (PMO), polymethyl methacrylate (PMMA), polyethylene oxide (PEO), polyamide (PA), polyamideimide (PAI), Polysulfone (PSF), polyethylsulfone (PES), polyphenylene sulfide (PPS), polyarylate (PAR), polyimide (PI), polyaramid (PA), cellulose, modified cellulose, a melamine-based resin, and a phenol-based resin) in order for the separator to have high thermal stability and good toughness while still being easy to bend, as taught by Fu.
1 The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.).
Regarding Claim 12, Kim in view of Fu teaches the instantly claimed secondary battery according to Claim 1, and (as previously disclosed in the rejection of Claim 1) Kim in view of Fu discloses wherein the coating layer is a single substance selected from the group consisting of polyimide (Fu [0019]) (which meets the claim limitation of a single substance or a mixture of two or more selected from the group consisting of polyimide, polybutylene terephthalate (PBT), polyamideimide (PAI), perfluoroalkoxy (PFA), Polysulfone (PSF), polyarylsulfone (PAS), polytetrafluoroethylene (PTFE), fluorinated ethylene propylene (FEP), ethylene tetrafluoroethylene (ETFE), and polyethylene naphthalene (PEN)).
The skilled artisan would recognize that the polyimide of Kim in view of Fu is a liquid polymer material having strong heat resistance (as evidenced by Applicant’s own PG Publication paragraph [0042]).
Regarding Claim 13, Kim in view of Fu teaches the instantly claimed secondary battery according to Claim 1, and Kim discloses wherein the coating layer 236 is not on an inner portion of the separator 230 that is within the electrode assembly 205 (Fig. 3, [0041]-[0043]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kim US PG Publication 2007/0224494 in view of Fu CN111211279, as applied to Claim 4, further in view of Joo US PG Publication 2018/0337379.
Regarding Claim 5, Kim in view of Fu teaches the instantly claimed secondary battery according to Claim 4.
Kim in view of Fu fails to disclose wherein the coating layer is formed such that a plurality of holes are arranged in a dot array or matrix form, and the separator is exposed to the outside through the plurality of holes.
However, Joo discloses a separator for a battery ([0004]). Joo teaches coating the separator in a porous film ([0007], [0020]) wherein the porous film is a ceramic coating having a continuous matrix ([0020]) with a pattern of pores ([0061]) in order to allow the electrolyte to infiltrate the pores ([0061]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the secondary battery of Kim in view of Fu such that the coating layer is formed such that a plurality of holes, such as pores, are arranged in a matrix form in order to allow an electrolyte to infiltrate through the pores, as taught by Joo.
The skilled artisan would recognize that if the coating layer of Kim in view of Fu and Joo separates the separator from the outside, then holes in the separator would allow the separator to be exposed to the outside through the plurality of holes of the coating layer.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kim US PG Publication 2007/0224494 in view of Fu CN111211279, as applied to Claim 6, further in view of Joo US PG Publication 2018/0337379.
Regarding Claim 7, Kim in view of Fu teaches the instantly claimed secondary battery according to Claim 6.
Kim in view of Fu fails to disclose wherein the coating layer is formed such that a plurality of holes are arranged in a dot array or matrix form, and the separator is exposed to the outside through the plurality of holes.
However, Joo discloses a separator for a battery ([0004]). Joo teaches coating the separator in a porous film ([0007], [0020]) wherein the porous film is a ceramic coating having a continuous matrix ([0020]) with a pattern of pores ([0061]) in order to allow the electrolyte to infiltrate the pores ([0061]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the secondary battery of Kim in view of Fu such that the coating layer is formed such that a plurality of holes, such as pores, are arranged in a matrix form in order to allow an electrolyte to infiltrate through the pores, as taught by Joo.
The skilled artisan would recognize that if the coating layer of Kim in view of Fu and Joo separates the separator from the outside, then holes in the separator would allow the separator to be exposed to the outside through the plurality of holes of the coating layer.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kim US PG Publication 2007/0224494 in view of Fu CN111211279, as applied to Claim 2, further in view of Hiroshi JP2015210944 (machine translation provided in a previous office action).
Regarding Claim 9, Kim in view of Fu teaches the instantly claimed secondary battery according to Claim 2.
Kim in view of Fu fails to explicitly disclose a first and second current collector plate.
However, Hiroshi discloses a secondary battery ([0001], [0007]) comprising a wound electrode body comprising a separator interposed between a positive electrode and a negative electrode ([0008]).
Hiroshi teaches a positive electrode current collector 180 and a negative electrode current collector 190 that are respectively joined to the positive and negative electrodes via a positive electrode foil 34c and a negative electrode foil 32c via ultrasonic welding inside a battery can 1 such that the wound group can fit within the battery can 1 allowing the insulating protective sheet to electrically insulate the battery can 1 ([0014]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the secondary battery of Kim in view of Fu such that the first electrode tab is connected to a first current collector plate accommodated inside the case at the first terminal part, and the second electrode tab is connected to a second current collector plate accommodated inside the case at the second terminal part exposed to the outside of the cap plate in order to allow the electrode assembly to fit within the case and thereby allow the heat resistant coating layer to protect the contents within the case, as taught by Hiroshi.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Kim US PG Publication 2007/0224494 in view of Fu CN111211279 and Hiroshi JP2015210944, as applied to Claim 9, further in view of Kwon US PG Publication 2016/0099456.
Regarding Claim 10, Kim in view of Fu and Hiroshi teaches the instantly claimed secondary battery according to Claim 9.
Kim in view of Fu and Hiroshi fails to disclose wherein the coating layer is coated to cover a fixing tape for fixing the outermost separator to the outermost surface of the electrode assembly, and the first and second current collector plates.
However, Kwon discloses an electrode assembly comprising a first electrode plate, a second electrode plate, and a separator interposed between ([0009]) and wherein each electrode plate comprises a current collector ([0010]). Kwon teaches the use of a fixing member ([0047]) including tapes 21a, 21b, and 21c for fixing the wound electrode assembly by covering the entire area of the upper surfaces of the electrode assembly and bonded with the separator in order to effectively prevent direct electrical contact between the electrode plates by fixing the separator ([0117]-[0118]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the secondary battery of Kim in view of Fu and Hiroshi such that wherein the coating layer is coated to cover a fixing tape for fixing the outermost separator to the outermost surface of the electrode assembly, and the first and second current collector plates in order to effectively prevent direct electrical contact between the electrode plates by fixing the separator, as taught by Kwon.
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 extension fee 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 date of this final action.
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/O.M.M./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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