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
This is a final office action in response to Applicant’s remarks and amendments filed on 08/05/2026. Claim 15 is currently amended. Claim 16 is new. Claims 6-13 remain withdrawn. Claims 1-4 and 14-16 are presented for examination.
The 35 U.S.C. § 103 rejections in the previous office action are maintained. A new ground of rejection necessitated by Applicant’s amendments is presented below.
Response to Arguments
Applicant's arguments filed 08/05/2026 have been fully considered but they are not persuasive.
Applicant argues Kanda does not teach bonding the sides of the electrode stack, while Seong is directed toward using a melted material to prevent vertical sagging of the central portion of a jelly-roll stack. Also, neither reference teaches “thermal fusion” of the film and the separators as would be understood in the art. Therefore, one of ordinary skill in the art would not modify the Kanda device that is not concerned with bonding the sides of the electrode stack with Seong’s teachings directed toward a jelly-roll electrode assembly.
Examiner respectfully disagrees. Kanda teaches that the side-plane insulating sheets (9) corresponding to the claimed film prevent short circuits between the electrode assembly and a battery casing ([0073]) and FIG. 1B depicts a connection between the film (9) and ends of the separators (7) of the electrode assembly. Seong teaches that protection film (130) corresponding to the claimed film and the insulating sheets (9) of Kanda prevent short circuit between the electrode assembly and a battery casing ([0055]-[0056]), and therefore one of ordinary skill in the art would find it obvious to apply the thermal fusion (thermal bonding) taught by Seong in order to improve the attachment between the film and the side surfaces of the electrode assembly as laid out in the rejection of claims 1 and 14 below. Kanda is not relied on to teach thermal fusion. The “thermal bonding” of Seong is considered analogous to the “thermal fusion” of the claimed invention because each result in a structure in which heat is used to melt or deform the film to connect it to ends of the separators.
Applicant argues the structure of Seong is different than that of the claimed invention because Seong teaches the end portion of each separator (125) is directly thermally bonded to the film (130), while the claimed invention requires thermal fusion between the film and bonding portions of the separators formed from end portions of multiple separators.
Examiner respectfully disagrees. In response to applicant's argument that Seong does not teach the claimed structure, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981). The rejection of claims 1 and 14 relies on the combination of Kanda, Seong, and Schlund to arrive at the claimed structure in which the film is thermally fused to bonding portions formed from end portions of multiple separators. Seong teaches the manner of connection between the film and separators, while Kanda and Schlund teach the connection points between the film and the separators.
Applicant argues the thermally bonded film of Seong differs from the thermally fused film of the instant claims because the product of Seong is not formed by a process in which pressure is applied between the film and the separators.
Examiner respectfully disagrees. In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., the film and the bonding portions are joined by applying both heat and pressure) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant argues Seong teaches only melting of its “film” rather than melting of the ends of its separators as required by amended claim 15 and new claim 16. This additional melting would be achieved using heat and pressure taught in present disclosure, but not using processes taught in Seong.
Examiner respectfully disagrees. Applicant’s argument that the heat and pressure would result in melting of the separators is not supported by the specification. Regardless, a new ground of rejection is made in view of Tomazic as laid out below.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 15 and 16 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 15 and 16 require each of the film and bonding portions or bonding portion of the separators are “melted and thermally fused to one another.” However, the specification only describes melting of the film (deformed when subject to heat and pressure, see [0014], [0021], and [0054] of published application US 2023/0143528 A1; separator is not deformed during thermal fusion, see [0024] and [0061]). Therefore, the limitations “the bonding portions of the separators are melted” (claim 15) and “the bonding portion of the separators are melted” (claim 16) are not supported by the specification.
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 1-3 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kanda (US 2011/0223465 A1, previously cited) in view of Seong (US 2016/0043374 A1, previously cited) and Schlund (US 2018/0323416 A1, previously cited).
Regarding claim 1, Kanda discloses an electrode assembly (FIG. 1B) comprising:
an electrode stack (formed by electrodes 2/3 and separator 7 described below, FIG. 1B) in which a negative electrode (3, FIG. 1B, [0060]), a separator (7, FIG. 1B, [0061]), and a positive electrode (2, FIG. 1B, [0060]) are repeatedly stacked (FIG. 1B), the electrode stack (2,7,3) having two side surfaces (left and right surfaces of FIG. 1B) at opposite sides of the electrode stack (2,7,3); and
a film (side-plane insulating auxiliary sheet 9, FIG. 1B, [0068]) covering a first one of the side surfaces (left or right surface of FIG. 1B) of the electrode stack (2,7,3), the film (9) being connected to the first one of the side surfaces (left or right surface of FIG. 1B) at discrete locations (discrete locations in annotated figure 1 below) that are separated from one another by intermediate portions (intermediate portions in annotated figure 1 below) of the film (9) that are not connected to the first one of the side surfaces (left or right surface of FIG. 1B),
wherein the film (9) is connected to ends of the separators (7) at the discrete locations.
PNG
media_image1.png
332
543
media_image1.png
Greyscale
Annotated figure 1
Kanda does not disclose wherein the film is attached to the first one of the side surfaces of the electrode stack by thermal fusion or wherein two or more sheets of the separators are merged together at an end of each of the two or more sheets of the separators and bonded to each other to form a bonding portion, and the film is thermally fused to the bonding portion at the discrete locations.
Seong teaches an electrode assembly (FIG. 2) comprising: an electrode stack (120, FIG. 2, [0041]) in which a negative electrode (121, FIG. 2, [0042]), a separator (125, FIG. 2, [0042]), and a positive electrode (123, FIG. 2, [0042]) are repeatedly stacked, the electrode stack (120) having two side surfaces at opposite sides of the electrode stack (120) (see FIG. 1); and a film (130, FIG. 2, [0041]) covering a first one of the side surfaces of the electrode stack (120) (FIG. 2), the film (130) being thermally fused (thermally bonded, [0058]) to the first one of the side surfaces (FIG. 2) and thermally fused to ends of the separators (125). A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to use thermal fusion to connect the film to the side surfaces of Kanda at the discrete locations because Seong teaches that doing so provides a secure attachment between the film and the separators without increasing capacity of a battery ([0063]). Further, Kanda teaches that the electrode assembly may be modified beyond the embodiments presented in the disclosure ([0059]).
The intermediate portions of Kanda in view of Seong would remain “not melted and not thermally fused to the first one of the side surfaces” because Kanda teaches connecting the film (9) only at the discrete locations (FIG. 1B and annotated figure 1 above).
Kanda in view of Seong does not disclose wherein two or more sheets of the separators are merged together at an end of each of the two or more sheets of the separators and bonded to each other. However, Kanda teaches that the separators have a bag shape (FIG. 1B, [0061]).
Schlund teaches an electrode assembly comprising: an electrode stack (230, Fig. 5b, [0038]) in which a first electrode (1, Fig. 5b, [0039]), a separator (5a and 5b, Fig. 5b, [0039]), and a second electrode (2, Fig. 5b, [0039]) are repeatedly stacked, the electrode stack (230) having two side surfaces at opposite sides of the electrode stack (230); and wherein two or more sheets of the separators (5a, 5b) are merged together at an end of each of the two or more sheets of the separators (5a, 5b) and bonded (laminated) to each other to form a bonding portion (arrows 7 indicate where separators 5a, 5b are connected, Fig. 4, [0036], and correspond to the left and right sides of the separators in 5a,5b in Fig. 5b). A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have bonded the ends of two or more sheets of the separators to form a bonding portion to form the bag-shaped separators of Kanda in view of Seong because Schlund teaches that this configuration is known in the art (Fig. 5b). Further, Kanda teaches that the electrode assembly may be modified beyond the embodiments presented in the disclosure ([0059]).
Regarding claim 2, Kanda in view of Seong and Schlund discloses wherein the film (9) is a first film, the electrode assembly further comprising a second film (9, FIG. 1B, [0068]) covering a second one of the side surfaces (left or right surface of FIG. 1B), the second film (9) being thermally fused to the second one of the side surfaces (see rejection of claim 1).
Regarding claim 3, Kanda in view of Seong and Schlund discloses wherein the film (9) is made of a thermoplastic material which is configured to be plastically deformed when subjected to heat and a pressure (Seong: first layer 132 of film 130 melts to thermally bond to separators 125, [0059]-[0060]).
Regarding claim 14, Kanda discloses an electrode assembly comprising:
an electrode stack (formed by electrodes 2/3 and separator 7 described below, FIG. 1B) in which a negative electrode (3, FIG. 1B, [0060]), a separator (7, FIG. 1B, [0061]), and a positive electrode (2, FIG. 1B, [0060]) are repeatedly stacked (FIG. 1B), the electrode stack (2,7,3) having two side surfaces (left and right surfaces of FIG. 1B) at opposite sides of the electrode stack (2,7,3); and
a film (side-plane insulating auxiliary sheet 9, FIG. 1B, [0068]) covering a first one of the side surfaces (left or right surface of FIG. 1B) of the electrode stack (2,7,3), the film (9) being connected to the first one of the side surfaces (left or right surface of FIG. 1B) at discrete locations (discrete locations in annotated figure 1 below) and not connected to the side surface (left or right surface of FIG. 1B) at intermediate portions (intermediate portions in annotated figure 1 below) of the film (9) separating the discrete locations (discrete locations).
PNG
media_image1.png
332
543
media_image1.png
Greyscale
Annotated figure 1
Kanda does not disclose wherein the film is attached to the first one of the side surfaces of the electrode stack by thermal fusion or wherein two or more sheets of the separators are merged together at an end of each of the two or more sheets of the separators and bonded to each other to form a bonding portion, and the electrode stack has at least two of the bonding portions.
Seong teaches an electrode assembly (FIG. 2) comprising: an electrode stack (120, FIG. 2, [0041]) in which a negative electrode (121, FIG. 2, [0042]), a separator (125, FIG. 2, [0042]), and a positive electrode (123, FIG. 2, [0042]) are repeatedly stacked, the electrode stack (120) having two side surfaces at opposite sides of the electrode stack (120) (see FIG. 1); and a film (130, FIG. 2, [0041]) covering a first one of the side surfaces of the electrode stack (120) (FIG. 2), the film (130) being thermally fused (thermally bonded, [0058]) to the first one of the side surfaces (FIG. 2) and thermally fused to ends of the separators (125). A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to use thermal fusion to connect the film to the side surfaces of Kanda at the discrete locations because Seong teaches that doing so provides a secure attachment between the film and the separators without increasing capacity of a battery ([0063]). Further, Kanda teaches that the electrode assembly may be modified beyond the embodiments presented in the disclosure ([0059]).
The intermediate portions of Kanda in view of Seong would remain “not melted” because Kanda teaches connecting the film (9) only at the discrete locations (FIG. 1B and annotated figure 1 above).
Kanda in view of Seong does not disclose wherein two or more sheets of the separators are bent in opposite directions toward each other and are merged together at an end of each of the two or more sheets of the separators and bonded to each other to form a bonding portion, and the electrode stack has at least two of the bonding portions. However, Kanda teaches that the separators have a bag shape (FIG. 1B, [0061]).
Schlund teaches an electrode assembly comprising: an electrode stack (230, Fig. 5b, [0038]) in which a first electrode (1, Fig. 5b, [0039]), a separator (5a and 5b, Fig. 5b, [0039]), and a second electrode (2, Fig. 5b, [0039]) are repeatedly stacked, the electrode stack (230) having two side surfaces at opposite sides of the electrode stack (230); and wherein two or more sheets of the separators (5a, 5b) are bent in opposite directions toward each other and are merged together at an end of each of the two or more sheets of the separators (5a, 5b) and bonded (laminated) to each other to form a bonding portion (arrows 7 indicate where separators 5a, 5b are connected, Fig. 4, [0036], and correspond to the left and right sides of the separators in 5a,5b in Fig. 5b), and the electrode stack (230) has at least two of the bonding portions (7). A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have bent adjacent two sheets of the separators in opposite directions toward each other and merged the sheets together and bonded the ends of two or more sheets of the separators to form a bonding portion to form the bag-shaped separators of Kanda in view of Seong, such that the electrode stack has at least two of the bonding portions, because Schlund teaches that this configuration is known in the art (Fig. 5b). Further, Kanda teaches that the electrode assembly may be modified beyond the embodiments presented in the disclosure ([0059]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kanda (US 2011/0223465 A1) in view of Seong (US 2016/0043374 A1) and Schlund (US 2018/0323416 A1), as applied to claim 3 above, and further in view of Nishimoto (US 2013/0054061 A1, previously cited).
Regarding claim 4, Kanda in view of Seong and Schlund does not disclose wherein the film is made of a polyethylene terephthalate (PET) material.
Nishimoto teaches a thermally fused film formed of a polyethylene terephthalate (PET) ([0177]). A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have used polyethylene terephthalate (PET) because Nishimoto teaches that it can be thermally fused ([0174]) and is tough and flexible ([0177]).
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kanda (US 2011/0223465 A1) in view of Seong (US 2016/0043374 A1) and Schlund (US 2018/0323416 A1), as applied to claims 1 and 14 above, and further in view of Tomazic (US 4,615,108).
Regarding claim 15, Kanda in view of Seong and Schlund teaches wherein the bonding portions are disposed at the first one of the side surfaces (left or right side of Kanda FIG. 5B), and the film is melted (Seong: [0060]) and the film and the bonding portions of the separators are thermally fused to one another (Kanda teaches film and merged ends of separators are connected at discrete locations; Seong teaches thermal fusion; and Schlund teaches merged ends of separators are bonded to each other to form a bonding portion; see rejection of claim 14), but does not disclose wherein the bonding portions of the separators are melted.
Tomazic teaches an electrode assembly (24, FIG. 10, C9 L30-37) comprising separators and a thermoplastic film (26, FIG. 10, C9 L30-37), wherein each of the film (26) and end portions of the separators (marginal portions) are melted and thermally fused to one another (C3 L53-57, C4 L45-51). A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have modified the electrode assembly of Kanda in view of Seong and Schlund by joining the bonding portion and the film using a thermal fusion process in which each of the film and the bonding portion of the separators are melted because Tomazic teaches that such a joint is particularly easy to form and provides a leak-proof seal (C3 L53-57).
Regarding claim 16, Kanda in view of Seong and Schlund teaches wherein the film is melted (Seong: [0060]) and the film and the bonding portion of the separators are thermally fused to one another (Kanda teaches film and merged ends of separators are connected at discrete locations; Seong teaches thermal fusion; and Schlund teaches merged ends of separators are bonded to each other to form a bonding portion; see rejection of claim 1), but does not disclose wherein the bonding portion of the separators is melted.
Tomazic teaches an electrode assembly (24, FIG. 10, C9 L30-37) comprising separators and a thermoplastic film (26, FIG. 10, C9 L30-37), wherein each of the film (26) and end portions of the separators (marginal portions) are melted and thermally fused to one another (C3 L53-57, C4 L45-51). A person having ordinary skill in the art before the effective filing date of the invention would have found it obvious to have modified the electrode assembly of Kanda in view of Seong and Schlund by joining the bonding portion and the film using a thermal fusion process in which each of the film and the bonding portion of the separators are melted because Tomazic teaches that such a joint is particularly easy to form and provides a leak-proof seal (C3 L53-57).
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 CHRISTINE C. DISNEY whose telephone number is (703)756-1076. The examiner can normally be reached M-F 8:30-5:30 MT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette-Thompson can be reached at (571) 270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/C.C.D./Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
