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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 July 1st, 2026 has been entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) 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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-2, 4, 7-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeong (US20200343520) in view of Yoshii (WO2020179190, see US National Stage Entry, US20220149496, for citations) further in view of Wakimoto (US20180375070).
Regarding Claim 1, Jeong discloses a cylindrical battery ([0053]) comprising:
An electrode assembly ([005]);
A metal can into which the electrode assembly is inserted (case is metal can, [0073]);
At least two positive electrode tabs extending from the electrode assembly (first tabs-111a act as positive electrode tabs, [0037]]), the at least two positive electrode tabs being joined to each other by a welding portion (tabs are fixed by ultrasonic welding, [0044]); and
An insulation member located at the welding portion of the at least two positive electrode tabs (insulation plate-130 acts as insulation member, [0034], Fig. 1, tabs are coupled to sub-plate insulation plate by welding, [0018]), the insulation member being wrapped around the welding portion so as to encircle the welded portion (insulation plate-131 surrounds, through hole-131a where the first tabs-112a protrude through Fig. 7, [0051]).
Jeong further discloses wherein insulation member has a ring shape (insulation plate has ring shape, [0026], Fig. 7).
Jeong discloses wherein the insulation plate can be formed of various material ([0049]) and cab be formed of a first insulation plate and a second insulation plate ([0050], [0052]), but does not directly disclose wherein the insulation member comprise a heat shrinkable member and at least one heat resistant member, and the at least one heat resistant member is located on at least a first surface of the heat shrinkable member.
Yoshii discloses an insulation member that has a base member and a heat resistive portion ([007]). Yoshii discloses wherein the insulation member is connected to a positive electrode lead ([007]). Yoshii further discloses wherein the base member can be formed from an insulating resin including PPS, PEEK, PI, PP, PET, PBT or the like ([0035]), which are heat shrinkable materials. Yoshii further discloses wherein the heat resistive portion is placed on the base member (Fig. 3, [0036]). Yoshii teaches that structure provides a battery with improved safety ([0049]).
Therefore it would be obvious to one of ordinary skill in the art to modify the insulating member of Jeong with the teachings of Yoshii to have wherein the insulation member comprise a heat shrinkable member and at least one heat resistant member, and the at least one heat resistant member is located on at least a first surface of the heat shrinkable member. This modified structure would yield the expected result of improved battery safety.
Jeong does not directly disclose wherein in which an axial length of the insulation member is greater than a radial length of the insulation member.
The examiner notes that under the broadest reasonable interpretation of the claim, “axial direction” can be interpreted to mean the thickness direction of the insulation member.
Yoshii further discloses wherein the thickness of the base member portion can be adjusted to be greater than or equal to 5 um or less than or equal to 50 um ([0045]), in order to prevent internal short-circuiting ([0048]).
It is the examiner’s position that the claim language, “an axial length of the insulation member is greater than a radial length of the insulation member” can be interpreted to mean that the axial length is any length less than the radial length. Therefore, since the thickness of the insulating member can be adjusted to prevent internal short circuiting, it would be obvious to one of ordinary skill in the art to modify Jeong with the teachings of Yoshii to have wherein in which an axial length of the insulation member is greater than a radial length of the insulation member. This modification would yield the expected result of preventing internal short circuits.
Jeong does not directly disclose wherein the insulation member is spaced apart from an inner side surface of the metal can, and wherein an upper surface of the electrode assembly is not covered by the insulation member.
Wakimoto discloses a tab joint structure where the electrode tabs are welded together (Fig. 9/10, tabs-40a/40b are joined together at joints-30, [0075]). Wakimoto further discloses wherein the tab joint portion can have an insulating tape placed over the joint portion that forms the welding region of the tab joint structure ([0087], [0102]). Wakimoto further discloses wherein the insulating sheet can be placed in a region between the flange portion and the positive electrode terminal and positive electrode current collector ([0098]), teaching that these structures are interchangeable. Wakimoto teaches that this structure can prevent forming of an unintended conduction path.
The examiner notes the structure of the insulating member being placed between the flange portion and the positive electrode terminal and positive electrode current collector is similar to the structure disclosed by Jeong. The examiner further notes that by moving the insulating member to be over only the welded portion of the joint tab structure, that the insulation member is spaced apart from an inner side surface of the metal can, and wherein an upper surface of the electrode assembly is not covered by the insulation member.
Therefore it would be obvious to one of ordinary skill in the art to modify the structure of Jeong with the teachings of Wakimoto to have wherein the insulation member is spaced apart from an inner side surface of the metal can, and wherein an upper surface of the electrode assembly is not covered by the insulation member. This modification would yield the expected result of preventing forming of an unintended conduction path.
Regarding Claim 2, Jeong in view of Yoshii further in view of Wakimoto discloses the limitations as set forth above. Jeong does not directly disclose wherein the at least on heat resistant member includes an inorganic material.
Yoshii discloses wherein the heat resistive member can be formed of inorganic material ([0036]).
Therefore it would be obvious to one of ordinary skill in the art to modify the insulating member of Jeong with the teachings of Yoshii to have wherein the at least on heat resistant member includes an inorganic material.
Regarding Claim 4, Jeong in view of Yoshii further in view of Wakimoto discloses the limitations as set forth above. Jeong does not directly disclose wherein the at least on heat resistant member is a coating layer in which a slurry containing the inorganic material is coated onto the heat shrinkable member.
Yoshii discloses wherein the heat resistant member is coated onto the base material formed of a heat shrinkable material (heat resistive portion is formed over surface of the base member portion, [007], heat resistive portion is pasted using a surface process, [0047], heat resistive portion forme from a slurry, [0064]).
Yoshii discloses wherein the heat resistive member can be formed of inorganic material ([0036]).
Therefore it would be obvious to one of ordinary skill in the art to modify the insulating member of Jeong with the teachings of Yoshii to have Yoshii discloses wherein the heat resistive member can be formed of inorganic material ([0036]).
Therefore it would be obvious to one of ordinary skill in the art to modify the insulating member of Jeong with the teachings of Yoshii to have wherein the at least on heat resistant member is a coating layer in which a slurry containing the inorganic material is coated onto the heat shrinkable member.
Regarding Claim 7, Jeong in view of Yoshii further in view of Wakimoto discloses the limitations as set forth above. Jeon does not directly disclose wherein the heat shrinkable member is at least one selected from the group consisting of polyethylene terephthalate, polyethylene naphthalate, polyimide and polyethyleneimine.
Yoshii discloses wherein the base member which acts as the heat shrinkable member is formed of polyethylene terephthalate and polyimide ([0035]).
Therefore, it would be obvious to one of ordinary skill in the art to modify the insulating member of Jeong with the teachings of Yoshii to have wherein the heat shrinkable member is at least one selected from the group consisting of polyethylene terephthalate, and polyimide.
Regarding Claim 8, Jeong in view of Yoshii further in view of Wakimoto discloses the limitations as set forth above. Jeong does not directly disclose wherein the at least one heat resistant member is located in the heat shrinkable member is not shrunk by heat.
Yoshii discloses heat resistant members located on the heat shrinkable member (Fig. 3/4b shows heat resistant members-33b placed on base material heat shrinkable material-33a, [0035-0036]). Yoshii further discloses wherein the heat resistant member can be formed of alumina ([0036]), which is the same material as disclosed in the instant specifications for the heat resistant members.
The examiner notes that the heat shrinkable material is formed of polyethylene terephthalate or polyimide, and the heat resistant member is formed of alumina, which are both the same materials as disclosed in the instant specifications. Therefore, it is the examiner’s position that the heat resistant members would not be shrunk by heat.
Therefore, it would be obvious to one of ordinary skill in the art to modify the insulating member of Jeong with the teachings of Yoshii to have wherein the at least one heat resistant member is located in the heat shrinkable member is not shrunk by heat.
Regarding Claim 9, Jeong in view of Yoshii further in view of Wakimoto discloses the limitations as set forth above.
The examiner notes that claimed invention is directed to a product and thus the limitation “fixed to the welding portion… by a shrinking force when the heat shrinkable member heat-shrinks” is a product by process claim limitation.
Jeong does not directly discloses wherein the insulation member is fixed to the welding portion of the at least two positive electrode tabs by a shrinking force when the heat shrinkable member heat-shrinks.
Jeong discloses wherein the tab can be welded to the insulation plate through resistance welding or ultrasonic welding ([0018]).
Jeong in view of Yoshii discloses an insulation member with a heat shrinkable member.
Yoshii discloses wherein the insulation member can be welding to the lead using ultrasonic welding ([0032]).
The examiner notes that Jeong teaches that resistance welding and ultrasonic welding are interchangeable for the insulation material. It is the examiner’s position that since resistance welding is process that applies a current that generates heat to form a weld, that the resistance welding process of Jeong would apply heat into the heat shrinkable material and thus shrink the heat shrinkable material, which would weld the insulation member to the at least two positive electrode tabs.
Therefore, it would be obvious to one of ordinary skill in the art to modify the insulating member of Jeong with the teachings of Yoshii to have wherein the insulation member is fixed to the welding portion of the at least two positive electrode tabs by a shrinking force when the heat shrinkable member heat-shrinks.
Regarding Claim 10, Jeong in view of Yoshii further in view of Wakimoto discloses the limitations as set forth above. Jeon does not directly disclose wherein when the heat shrinkage of the insulation member is completed, a size of the insulation member is equal to or larger than a size of the at least one heat resistant member.
Yoshii discloses wherein the heat resistant member is smaller than the heat shrinkage member (Fig. 3, [0034]).
Therefore, it would be obvious to one of ordinary skill in the art to modify the insulating member of Jeong with the teachings of Yoshii to have wherein when the heat shrinkage of the insulation member is completed, a size of the insulation member is equal to or larger than a size of the at least one heat resistant member.
Regarding Claim 11, Jeong in view of Yoshii further in view of Wakimoto discloses the limitations as set forth above. Jeong does not directly disclose wherein the at least one heat resistant member is located in a center section inside the insulation member.
Yoshii discloses wherein the at least one heat resistant member is located in a center section inside the insulation member (Fig. 3/4, [0034]).
Therefore, it would be obvious to one of ordinary skill in the art to modify the insulating member of Jeong with the teachings of Yoshii to have wherein the at least one heat resistant member is located in a center section inside the insulation member.
Regarding Claim 12, Jeon in view of Yoshii discloses the limitations as set forth above. Jeong does not directly disclose wherein the at least one heat resist member includes a plurality of heat resist member arranged at regular intervals in the heat shrinkable member.
Yoshii discloses wherein the at least one heat resist member includes a plurality of heat resist member arranged at regular intervals in the heat shrinkable member (Fig. 4b, [0034]).
Therefore, it would be obvious to one of ordinary skill in the art to modify the insulating member of Jeong with the teachings of Yoshii to have wherein the at least one heat resist member includes a plurality of heat resist member arranged at regular intervals in the heat shrinkable member.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeong (US20200343520) in view of Yoshii (WO2020179190, see US National Stage Entry, US20220149496, for citations) further in view of Wakimoto (US20180375070) further in view of Stevens (Beta-Alumina).
Regarding Claim 3, Jeong in view of Yoshii further in view of Wakimoto discloses the limitations as set forth above.
Jeong does not directly disclose wherein the inorganic material includes beta-alumina.
Yoshii discloses wherein the inorganic material in the heat resistive member can be alumina ([0036]).
Yoshii does not directly disclose wherein the alumina is beta alumina.
Stevens teaches that Beta-alumina is formed from alumina (2. Fabrication). Stevens further teaches that beta alumina can be used in polymer-based binders (2. Fabrication). Stevens further teaches that beta-alumina provides structures with improved mechanical strength and ionic conductivity (2. Fabrication).
Therefore it would be obvious to modify Jeong in view of Yoshii with the teachings of Stevens to have wherein the inorganic material includes beta-alumina. This modified structure would yield the expected benefit of improved mechanical strength and ionic conductivity.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeong (US20200343520) in view of Yoshii (WO2020179190, see US National Stage Entry, US20220149496, for citations) further in view of Wakimoto (US20180375070) further in view of Joo (US20180097216).
Regarding Claim 5, Jeong in view of Yoshii further in view of Wakimoto discloses the limitations as set forth above. Jeong does not directly disclose wherein the at least one heat resistant member is a PVDF-HFP polymer adhesive layer.
Yoshii discloses wherein the heat resistant member can be formed of a modified product of PVDF ([0041]). Yoshii further discloses wherein the heat resistive portion can have an adhesive property ([0042]).
Joo discloses a heat resistant layer that can be formed of binder polymer that can be formed of either PVDF or PVDF-HFP ([0045]), therefore teachings that PVDF and PVDF-HFp are interchangeable as heat resistant materials.
Therefore it would be obvious to modify Jeong in view of Yoshii with the teachings of Joo to have wherein the at least one heat resistant member is a PVDF-HFP polymer adhesive layer.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jeong (US20200343520) in view of Yoshii (WO2020179190, see US National Stage Entry, US20220149496, for citations) further in view of Wakimoto (US20180375070) further in view of Cheng (WO2019114692, see machine translation for citations) (Provided in Applicant’s IDS filed on August 14", 2023).
Regarding Claim 6, Jeong in view of Yoshii further in view of Wakimoto discloses the limitations as set forth above. Jeong in view of Yoshii does not directly disclose wherein the at least one heat resistant member is located on a second surface of the heat shrinkable member opposite the first surface.
Cheng discloses an insulating member that comprises a heat resistant member that is placed on both sides of a heat shrinkable member (Fig. 2, first heat resistant layer-23 formed on one surface of the nonwoven porous substrate, and second heat resistant layer-23 formed on another surface of the nonwoven porous substrate, pg. 5-6, where the nonwoven porous substrate acts as heat shrinkable member, pg. 3). Cheng teaches that this structure provides good contact interface and can reduce the internal resistance and increase the life cycle of the cell (pg. 6).
Therefore it would be obvious to modify Jeong in view of Yoshii with the teachings of Cheng to have wherein the at least one heat resistant member is located on a second surface of the heat shrinkable member opposite the first surface. This modified structure would yield the expected result of good contact interface and reducing the internal resistance and increase the life cycle of the cell.
Response to Arguments
Applicant’s amendments, see Claims, filed July 1st, 2026, with respect to the rejection(s) of claim(s) 1-12 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Jeong in view of Yoshii further in view of Wakimoto under 35 USC 103.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANKITH R SRIPATHI whose telephone number is (571)272-2370. The examiner can normally be reached Monday - Friday: 7:30 am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at 571-270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANKITH R SRIPATHI/Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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