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 Arguments
Applicant's amendments and corresponding arguments filed 12/11/2025 have been fully considered. The 35 USC 112(a) Rejection for Claim 13 set forth in the previous action has been withdrawn due to Applicant’s cancelation of the claim.
Regarding the amendments and new claims, Applicant argues “Claim 1 now recites that the electrode tab insertion portion is configured to allow individual electrode tabs to be inserted and protect an entirety of the electrode tab. The projecting portions 184, 185 of Amagai have a side wall but not an end wall so the projecting portions do not protect an entirety of the electrode tab. Therefore, the combination of Okazaki and Amagai does not result in the subject matter of claim 1.”
Applicant argues Amagi does not have an end wall, and therefore cannot teach or suggest a structure that protects an entirety of the electrode tab. In response to applicant's argument that the references fail to show certain features of Claim 1, it is noted that the feature upon which applicant relies (i.e., an “end wall”) is not recited in Claim 1. 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).
Examiner also notes the basis for the argument (an end wall is needed to protect the entirety of the electrode tab) is neither claimed nor disclosed in the instant specification. Although new Claims 15 and 16 recite “an end wall,” the claims only require “the side wall being configured to completely surround the electrode tab.”
Specification
The amendment filed 12/11/2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows (see underlined text):
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Applicant’s amendment introduces “a side wall” and “an end wall” to the structure of the electrode tab insertion portion. These features (“a side wall” and “an end wall”) were not previously described in the originally written disclosure. Applicant states instant Fig. 3 provides adequate support for the amendment, but Examiner does not agree. Applicant’s use of “end wall” indicates a “wall” is one surface of the electrode tab insertion portion 110, and therefore the Examiner’s understanding of the amendment is shown via Annotated Fig. 3:
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17/795,908 – Annotated Fig. 3
Fig. 3 does not teach a side wall “completely surrounding” an electrode tab, as described in the amendment to the specification. When an electrode tab is inserted into the insertion portion 110, it appears the electrode tab would be covered by four side walls and the end wall. Applicant does not define a “side wall” as four distinct but connected side walls/surfaces. When referring to Applicant’s Fig. 3, it is also unclear how one side wall “completely surrounds” an end wall, as described in the amendment. Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 112(a)
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 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 each recite “wherein the electrode tab insertion portion has a side wall and an end wall, the side wall being configured to completely surround the electrode tab.” The instant specification does not support a side wall “being configured to completely surround” an electrode tab, as claimed. See further explanation above in the objection to the specification.
Appropriate correction is required.
Claim Rejections - 35 USC § 112(b)
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, 4, 7, 8, 10, 11, and 14-16 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claims 1 and 8 each recite a battery cell “comprising an electrode tab.” Applicant has amended Claims 1 and 8 to also require “the electrode tab insertion portion is configured to allow individual electrode tabs to be inserted and protect an entirety of the electrode tab.” The limitation “individual electrode tabs” indicates a plurality of electrode tabs, but the claims only recite one electrode tab. It is unclear whether or not Claims 1 and 8 have been amended to now require a plurality of individual electrode tabs.
The uncertainty regarding the number of electrode tabs also makes the scope of the claimed structure (Claim 1) and method (Claim 8) unclear, as each electrode tab is required to have a corresponding electrode tab protector. It is not clear whether the claimed structure and method should require one electrode tab protector, or a plurality of electrode tab protectors.
Claims 3, 4, 7, 10, 11, and 14-16 are also rejected, as they depend upon rejected Claim 1 or 8.
Appropriate correction is required.
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, 4, 7, 14, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Okazaki et al., JP 4617098 B2 (previously cited) and further in view of Shin et al., KR 20120015905 A (new reference, see enclosed PTO-892).
Regarding Claim 1, Okazaki discloses a battery cell transfer apparatus (battery cell case C [0015], Figs. 1-4) configured to transfer a battery cell (lithium ion secondary battery 1 [0012]) having an electrode assembly comprising an electrode tab (positive and negative terminal pieces 1d and 1e connected to battery element 1a [0012-0014], Figs. 1 and 3) received in a battery case (sandwiched between upper and lower laminate films 1b and heat sealed portion 1c [0012-0013]), the battery cell transfer apparatus (C) comprising:
two jigs (upper and lower frame bodies 2 [0015-0020]) configured to press and fix opposite surfaces of the battery cell (battery cell 1 is sandwiched and held between the pair of upper and lower frame bodies 2 [0015-0020], Figs. 2-4.; terminal pieces 1d and 1e are “pressed down” on the electrode terminal piece receiving portions 6 and “placed still” [0019]).
Regarding the limitation “configured to transfer a battery cell”, Okazaki discloses the battery cell case C is used to stack battery cells ([0017]). The limitation “during transfer of the battery cell” is a statement of intended use that does not further limit the claimed invention. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function [MPEP 2114]. If the prior art structure is capable of performing the intended use, then the prior art meets the claim.
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Okazaki – Fig. 1 (left) and Fig. 3 (right)
Okazaki does not disclose the claimed electrode tab protector. However, an electrode tab protector is taught by Shin.
Shin teaches an electrode tab protector (protective cover cap 100 [0015-0016, 0044-0052], Figs. 8-9) configured to prevent occurrence of short circuit as a result of an electrode tab coming into contact with a peripheral device during transfer of the battery cell ([0031-0033], Summary),
wherein the electrode tab protector comprises an electrode tab insertion portion configured to allow an electrode tab to be inserted thereinto (body of cover cap 110 has seating groove 120 for electrode 40 [0029-0031, 0050], Figs. 8-9) and a U-shaped fixing portion including a middle part and two end parts (support plate 130 [0049-0052] and middle part, Annotated Fig. 8),
wherein the fixing portion has an inner surface and an outer surface (Annotated Fig. 8), the inner surface contacting the upper case 21 and lower case 22 ([0010, 0049-0052]),
wherein the electrode tab insertion portion extends in a first direction from the middle part of the fixing portion (Annotated Fig. 8) and the two end parts extend in a second direction along opposite surfaces of the upper case 21 and lower case 22 ([0049-0053], Annotated Fig. 8 and Fig. 9), and
wherein the electrode tab insertion portion is configured to allow individual electrode tabs to be inserted and protect an entirety of the electrode tab (one cap 100 per electrode tab 40 in Fig. 9, tab is “protected” by being supported/stabilized/preventing movement [0016, 0051], short circuiting [0001], and shock [Summary]). Shin teaches the electrode tab protector extends to the upper case and lower case in order to stabilize the electrode tab during transfer, while also preventing short circuiting ([0024-0025, 0032, 0049-0052]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to add an electrode tab protector of Shin (cap 100), wherein the inner surface of the fixing portion contacts the two jigs, in the battery cell transfer apparatus of Okazaki, in order to stabilize the electrode tab during transfer, and prevent short circuiting.
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Shin – Fig. 8 (left) and Fig. 9 (right)
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Shin – Annotated Fig. 8
Regarding Claim 3, modified Okazaki discloses all limitations as set forth above. Modified Okazaki discloses the electrode tab protector is identical in number to the electrode tabs such that each electrode tab is individually inserted (Shin, one cap 100 per electrode tab 40 in Fig. 9).
Regarding Claim 4, modified Okazaki discloses all limitations as set forth above. Modified Okazaki discloses the electrode tab protector is configured such that the fixing portion is detachably attached to the jigs (Shin, putting-on or removing process of the cover cap 100, attaching/detaching cap 100 [0036, 0050]).
Regarding Claim 7, modified Okazaki discloses all limitations as set forth above. Modified Okazaki discloses the electrode tab insertion portion is made of an electrically insulative material (Shin, non-conductive material, prevents electrical shorting [0018, 0030]; Summary, and Shin Claim 1).
Regarding Claim 14, modified Okazaki discloses all limitations as set forth above. Modified Okazaki discloses the electrode tab insertion portion (Shin, 110) has an inner surface (Shin, 120) and an outer surface (Shin, 110), and wherein the outer surface of the fixing portion (see width W1 in Shin Annotated Fig. 8) is wider than the outer surface of the electrode tab insertion portion (see width W2 in Shin Annotated Fig. 8).
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Shin – Annotated Fig. 8
Regarding Claim 15, modified Okazaki discloses all limitations as set forth above. Modified Okazaki discloses the electrode tab insertion portion (Shin, 110) has a side wall and an end wall, the side wall being configured to completely surround the electrode tab (Shin Annotated Fig. 8; mapping of “end wall” and “side wall” consistent with Examiner’s interpretation of the limitation, see Objection to the Specification in this action).
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Shin – Annotated Fig. 8
Claims 8, 10, 11, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Okazaki et al., JP 4617098 B2 (previously cited) and further in view of Shin et al., KR 20120015905 A (new reference, see enclosed PTO-892).
Regarding Claim 8, Okazaki discloses a battery cell transfer method comprising:
locating a battery cell comprising an electrode tab between two jigs (battery cell 1 is sandwiched and held between the pair of upper and lower frame bodies 2, 2; positive and negative electrode terminal pieces 1d, 1e are received on electrode terminal piece receiving portions 6, 6 with their tips facing the outside of the frame body 2 [0015-0019], Figs. 1-3);
pressing and fixing the two jigs to fix the battery cell (upper and lower frames 2, 2 are fastened together by inserting bolts (not shown) into the bolt insertion holes 10 [0019], Fig. 3; terminal pieces 1d and 1e are “pressed down” on the electrode terminal piece receiving portions 6 and “placed still” [0019]), and transferring the jigs (stacking, battery pack assembly ([0017-0021]).
Okazaki does not disclose the remaining limitations of Claim 8. However, a method for installing an electrode tab protector prior to transferring a battery is taught by Shin.
Shin teaches inserting an electrode tab of a battery cell into an electrode tab protector (seating groove 120 in which the electrode 40 is inserted and coupled to cover cap 100 [0018-0020, 0029-0031]),
the electrode tab protector including an electrode tab insertion portion configured to allow the electrode tab to be inserted thereinto (body of cover cap 110 has seating groove 120 for electrode 40 [0029-0031, 0050], Figs. 8-9), and a U-shaped fixing portion including a middle part and two end parts (support plate 130 [0049-0052] and middle part, see Annotated Fig. 8 in Claim 1);
fixing the electrode tab protector to an upper case 21 and a lower case 22 ([0049-0053], the fixing portion having an inner surface and an outer surface, the inner surface contacting the upper case and lower case ([0010, 0049-0053], Annotated Fig. 8 in Claim 1); and transferring the assembly having the electrode tab protector fixed thereto (protective cap used while transferring/carrying/transporting the battery [0024-0025, 0031-0032]),
wherein the electrode tab insertion portion extends from the middle part of the fixing portion (Annotated Fig. 8 in Claim 1), and the two end parts extend along opposite surfaces of the upper case 21 and lower case 22 ([0049-0053], Annotated Fig. 8 and Fig. 9), and
wherein the electrode tab insertion portion is configured to allow individual electrode tabs to be inserted and protect an entirety of the electrode tab (one cap 100 per electrode tab 40 in Fig. 9, tab is “protected” by being supported/stabilized/preventing movement [0016, 0051], short circuiting [0001], and shock [Summary]). Shin teaches the electrode tab protector extends to the upper case and lower case in order to stabilize the electrode tab during transfer, while also preventing short circuiting ([0024-0025, 0032, 0049-0052]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to add an electrode tab protector of Shin (cap 100), wherein the inner surface of the fixing portion contacts the two transfer jigs, in the battery cell transfer method of Okazaki, in order to stabilize the electrode tab during transfer, and prevent short circuiting.
Regarding Claim 10, modified Okazaki discloses all limitations as set forth above. Modified Okazaki discloses the fixing portion has a first side connected to the electrode tab insertion portion and a second side coupled to the jigs (Annotated Shing Fig. 8), whereby movement of the electrode tab insertion portion is prevented during transfer (Shin, movement of the electrode is prevented by the support plate 130 [0051]).
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Shin – Annotated Fig. 8
Regarding Claim 11, modified Okazaki discloses all limitations as set forth above. Modified Okazaki discloses the electrode tab insertion portion is made of an electrically insulative material (Shin, non-conductive material, prevents electrical shorting [0018, 0030]; Summary, and Shin Claim 1).
Regarding Claim 16, modified Okazaki discloses all limitations as set forth above. Modified Okazaki discloses the electrode tab insertion portion (Shin, 110) has a side wall and an end wall, the side wall being configured to completely surround the electrode tab (Shin Annotated Fig. 8; mapping of “end wall” and “side wall” consistent with Examiner’s interpretation of the limitation, see Objection to the Specification in this action).
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Shin – Annotated Fig. 8
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 BETHANY C GARCIA whose telephone number is (571)272-2475. The examiner can normally be reached Mon-Fri, 0800 - 1730 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, Allison Bourke can be reached at 303-297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BETHANY C GARCIA/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721