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 .
Remarks
Claims 1, 2, 6, and 15 are currently amended. Claim 3 has been canceled. Claims 1-2, 5-11, and 13-16.
Status of objections and rejections
The rejection below has been modified as necessitated by the applicants amendments.
Claim Objections
Claim 1 line 5 is objected to because of the following informalities: upon amendment it is clear the claim intends to have a separator positioned between each of the first electrode plates and the second electrode plates and is treated as such otherwise the lack of corresponding plurality of plates may raise question under 35USC112b. Appropriate correction is required.
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 (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 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.
Claim(s) 1, 5-9, 11, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoon (KR20170033508A).
Regarding claim 1, Yoon discloses an electrode assembly [abstract, Yoon], comprising: a plurality of first electrode plates (112b) [0099, fig. 2, Yoon]; a plurality of second electrode plates (112a) [0099, fig. 2, Yoon], wherein a polarity of the plurality of second electrode plates (negative) is opposite to a polarity of the plurality of first electrode plates (positive) [0099, Yoon]; and a separator positioned between the plurality of first electrode plates and the plurality of second electrode plates [0100, Yoon]; wherein the first electrode plate and the second electrode plate are stacked to form the electrode assembly [0099-0100, fig. 2-3, Yoon]; a plurality of tabs [0100-0101, fig. 2, Yoon], the plurality of tabs consisting of three or four tabs [fig. 2-3, Yoon]; projections of the plurality of tabs along a thickness direction of the electrode assembly do not overlap [fig. 2-3, Yoon]; each of the plurality of tabs extending out of the electrode assembly in a same direction [fig. 2-3, Yoon]; the three or four tabs include a first tab [fig. 2-3, Yoon], a second tab [fig. 2-3, Yoon], and a third tab [fig. 2-3, Yoon]; the first tab is positioned on the first electrode plate [fig. 2-3, Yoon], and the second tab and the third tab are positioned on the second electrode plate [fig. 2-3, Yoon]; and wherein a projection of the first tab along the thickness direction of the electrode assembly is located between a projection of the second tab along the thickness direction of the electrode assembly and a projection of the third tab along the thickness direction of the electrode assembly [fig. 2-3, Yoon].
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Annotated fig. 2, Yoon
Regarding claim 5, Yoon discloses the electrode assembly, wherein, in a length direction of the electrode assembly, the second tab extends out of a first end of the electrode assembly, and the third tab extends out of a second end of the electrode assembly [fig. 2, Yoon].
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Annotated fig. 2, Yoon
Regarding claim 6, Yoon discloses the electrode assembly, wherein the first tab comprises a plurality of first tab units [fig. 2, Yoon], stacked in the thickness direction of the electrode assembly to form the first tab [fig. 2, Yoon].
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Annotated fig. 2, Yoon
Regarding claim 7, Yoon discloses the electrode assembly, wherein a fastener is positioned between the plurality of first tab units [0116, 0129, fig. 6, Yoon describes joining the electrode tabs via welding to form terminals. This reads on “a fastener is positioned between the plurality of first tabs”], and the fastener is configured to connect the plurality of first tab units to form the first tab [0116, 0129, fig. 6, Yoon describes the plurality of first tabs being welded together to form either a positive or negative terminal, this reads on a first tab].
Regarding claim 8, Yoon discloses the electrode assembly, wherein each of the first tab units and each of the first electrode plates are integrally formed [0100-0104, Yoon].
Regarding claim 9, Yoon discloses the electrode assembly, wherein, in the thickness direction of the electrode assembly [fig. 2, Yoon], projections of the first tab units positioned on alternate first electrode plates overlap [fig. 2, Yoon depicts the first tab units overlapping with one another on the first electrode plates].
Regarding claim 11, Yoon discloses the electrode assembly, wherein the electrode assembly further comprises the fourth tab [fig. 2, Yoon], the fourth tab is positioned on the first electrode plate [fig. 2, Yoon], and, in the thickness direction of the electrode assembly [fig. 2, Yoon], a projection of the fourth tab on the first electrode plate does not overlap the projections of the first tab [fig. 2, Yoon], the second tab [fig. 2, Yoon], and the third tab on the first electrode plate [fig. 2, Yoon].
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Annotated fig. 2, Yoon
Regarding claim 15, Yoon discloses a battery (400) [0123-0129, fig. 6, Yoon], comprising an electrode assembly (100) and a package (410) accommodating the electrode assembly [0124-0128, fig. 1, 6, Yoon], an electrode assembly comprising: a plurality of first electrode plates (112b) [0099, fig. 2, Yoon]; a plurality of second electrode plates (112a) [0099, fig. 2, Yoon], wherein a polarity of the plurality of second electrode plates (negative) is opposite to a polarity of the plurality of first electrode plates (positive) [0099, Yoon]; and a separator positioned between the first electrode plate and the second electrode plate [0100, Yoon]; wherein the first electrode plate and the second electrode plate are stacked to form the electrode assembly [0099-0100, fig. 2-3, Yoon]; a plurality of tabs [0100-0101, fig. 2, Yoon], the plurality of tabs consisting of three or four tabs [fig. 2-3, Yoon]; projections of the plurality of tabs along a thickness direction of the electrode assembly do not overlap [fig. 2-3, Yoon]; each of the plurality of tabs extending out of the electrode assembly in a same direction [fig. 2-3, Yoon]; the three or four tabs include a first tab [fig. 2-3, Yoon], a second tab [fig. 2-3, Yoon], and a third tab [fig. 2-3, Yoon]; the first tab is positioned on the first electrode plate [fig. 2-3, Yoon], and the second tab and the third tab are positioned on the second electrode plate [fig. 2-3, Yoon]; and wherein a projection of the first tab along the thickness direction of the electrode assembly is located between a projection of the second tab along the thickness direction of the electrode assembly and a projection of the third tab along the thickness direction of the electrode assembly [fig. 2-3, Yoon].and the third tab extend out of the package [0128-0131, fig. 6].
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon (US20140234682A1).
An electrode assembly (210) [0010, Kwon], comprising: a first electrode plate (50’) [0057, Kwon]; a second electrode plate [0057, Kwon], wherein a polarity of the second electrode plate (40’ and 202) is opposite to a polarity of the first electrode plate [0057, Kwon]; and a separator (60’) positioned between the first electrode plate and the second electrode plate [0057, Kwon]; wherein the second electrode plate comprises a first electrode plate unit (40’) and a second electrode plate unit (202) [0117, fig. 3, Kwon], the first electrode plate (50’) is positioned between the first electrode plate unit (40’) and the second electrode plate unit (202) [fig. 3, Kwon], a plurality of tabs [0027, Kwon], each of the plurality of tabs extending out of the electrode assembly in a same direction [0128, Kwon].
Kwon further teaches that the electrode assembly may include at least two kinds of electrode units [0051, Kwon], wherein each electrode unit may include a single electrode such as a negative electrode or a positive electrode; at least one unit cell including at least one negative electrode, at least one positive electrode, and at least one separator; or a combination thereof [0053, Kwon]. Kwon continues to teach on different embodiments one can adopt to achieve electrode assemblies of various shapes and sizes comprising two or more electrode units [0050-0070, Kwon]. Furthermore, Kwon teaches that the electrode assembly may include at least one electrode tab. For example, an electrode unit formed of a single electrode (for example, the electrode unit 420 of FIG. 5) may include a single electrode tab [0116, 0128, Kwon]. An electrode unit including a unit cell may include a negative electrode tab and a positive electrode tab [0128, Kwon].
The examiner notes that this reads on the claim limitations of “the plurality of tabs consisting of three or four tabs” and “the three or four tabs include a first tab, a second tab, and a third tab; the first tab is positioned on the first electrode plate, the second tab is positioned on the first electrode plate unit, and the third tab is positioned on the second electrode plate unit”.
Kwon is explicitly silent to 1) only using three or four tabs along a thickness direction such that they do not overlap and 2) wherein a projection of the first tab along the thickness direction of the electrode assembly is located between a projection of the second tab along the thickness direction of the electrode assembly and a projection of the third tab along the thickness direction of the electrode assembly.
However given the broader teachings of Kwon, that the electrode tabs may be variously positioned and notes that the areas or arrangement of electrode tabs are not limited [0128-0129, Kwon], but they do note that it is common for tabs to overlap or partially overlap [0129-0130, Kwon], one of ordinary skill in the art would find it obvious to have a stacked electrode assembly comprised of two electrode units where one electrode unit is a single electrode plate (either a positive or negative electrode) with a single electrode tab and a second electrode unit that is a unit cell containing a positive and negative electrode with a positive and negative electrode tab on their respective electrode plates stacked on the first electrode unit. Doing so would provide an electrode assembly for manufacturing a secondary battery [0005, 0128-0130, Kwon].
For clarity of the record this would provide a stacked electrode assembly with a first and second plate of opposite polarity wherein the second plate contains a first and second electrode unit. The electrode assembly would contain three electrode tabs arranged in a thickness direction.
One of ordinary skill within the arts would further find it obvious to 1) have the first electrode tab along the thickness direction be arranged between the second and third electrode tabs and for 2) the electrode tabs to not be overlapping one another. The teachings of Kwon make it clear that the positing, area, and arrangement of the electrode tabs is obvious with a reasonable expectation of similar results. As such, this is a matter of mere “Rearrangement of Part”, see MPEP 2144.04.VI.C.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoon (KR20170033508A).
Regarding claim 10, Yoon discloses the electrode assembly, wherein an electrical connection portion (420, 422, 424, 426) is positioned at an end of the first tab extending out of the electrode assembly extending out the electrode assembly and configured to connect an external circuit [0129-0134, fig. 6, Yoon]. That is Yoon teaches a single rectangular shaped first tab.
But Yoon is silent to a shape where the first tab is divided into at least two electrical connection portions (i.e. creating a u-shaped first tab rather than a rectangular shaped first tab).
Prior to the effective filing date it would be obvious to one of ordinary skill within the arts to use an electrical connection wherein at least two electrical connection portions are positioned at an end of the first tab extending out of the electrode assembly, and the at least two electrical connection portions are interspaced and configured to connect an external circuit. It would have been obvious to one of ordinary skill within the art could utilize the u-shaped tab with two electrical connection portions at an end of the first tab as this would provide a similar result, i.e. connection points outside of the electrode assembly for current flow. Barring any criticality or unexpected results in this shape the u-shaped tab is a matter of mere change in shape or aesthetic design (see MPEP 2144.04).
Claims 13 and 14 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon as applied to claim 1 above, and further in view of Yu (CN108987655A).
Regarding claim 13 Yoon discloses that the positive and negative current collectors may be nickel or aluminum (among others) [0064, 0070, Yoon], but is explicitly silent to the composition of the electrode tabs.
However, Yu discloses the electrode assembly , wherein a surface of the first tab or a surface of the third tab is plated with a metal material capable of being soldered and/or brazed ([0068], Yu, discloses that the anode tab (first tab) can be nickel (soldered) and the cathode tab (third tab) can be aluminum (brazed)).
Prior to the effective filing date, one of ordinary skill within the arts would be motivated to modify Yoon to include the composition of electrode tabs disclosed by Yu as when they adopt this structure the performance of the battery can be further optimized [0068, Yu].
Regarding claim 14, Yoon as modified above discloses the electrode assembly wherein the metal material is nickel ([0068], Yu).
Claims 16 is rejected under 35 U.S.C. 103 as being unpatentable over Yoon as applied to claim 15 above, and further in view of Lee (KR20170104826A).
Regarding claim 16 Yoon is silent to a connecting piece configured to connect the package and the electrode assembly.
However, Lee discloses a sealing film (“connecting piece”, 150) [0036, examiner is interpreting the sealing film to be equivalent to a connecting piece], and the sealing film is positioned on an outer surface of the electrode assembly and configured to connect the package and the electrode assembly [0036, Yu] wherein sealing film allows for insulation at the contact point with the battery case and increases the sealing degree.
Prior to the effective filing date, one of ordinary skill within the arts would find it obvious to modify Yoon such that it included the sealing (150) of Lee around the electrode tabs/leads that are in contact with the battery case. Doing so would allow for insulation to occur at the contact point between the case and electrode tabs improving the sealing degree [0036, Lee].
Response to Arguments
Applicant's arguments filed 11/19/2025 have been fully considered but they are not persuasive. See below for additional details.
Applicant argues that Yoon fails to teach or suggest the features required by the present claims 1 and 15. The examiner respectfully disagrees with this. Claim 1 and 15 requires a plurality of first and second electrode plates and a plurality of electrode tabs, where the electrode tabs consist of three or four electrode tabs. The claim set then goes on to claim that the first tab is positioned on the first electrode plate and the second and third tab are positioned on the second electrode plate. As pointed to in the rejection of claim 1 and 15 Yoon teaches a plurality of first and second electrode plate along with a plurality of electrode tabs. Furthermore the first electrode plate contains a first electrode tab and the second electrode plate contains a second and third tab.
Furthermore, based off of the disclosure of that the first tab is placed on the first electrode plate and the second and third tab are located on the second electrode plate it is unclear how one could have the required three tabs be placed on the required two electrode but there still exist a plurality of (first and second) electrode plates that do not have electrode tabs. Based off of the broadest reasonable interpretation of the claim set the prior art must teach 1) a plurality of first electrode plates, 2) a plurality of second electrode plates, 3) a plurality of electrode tabs, 4) the plurality of tabs consisting of three or four tabs wherein a first tab is located on a first electrode plate and the second and third tab is located on a second electrode plate. The required plurality of first and second electrode plates would each have a first electrode tab on the first plate and a second and third tab on the second electrode plate. Yoon meets this limitation.
Applicant then argues that the electrode tabs of Yoon overlap but it is not clear how the applicant arrived at this opinion. Even at a slightly angled view of Yoon’s cited figure 2 it is clear to the examiner that the tabs are not overlapping.
Yoon is not used for figure 2, as such any arguments related to this are moot.
The examiner maintains their rejection.
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 QUINTIN DALE ELLIOTT whose telephone number is (703)756-5423. The examiner can normally be reached M-F 8:30-6pm (MST).
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/QUINTIN D. ELLIOTT/Examiner, Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724