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 .
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-7 and 9-16 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.
Claim 1 recites the limitation “a first electrode body and a second electrode body each including…a pair of rectangular-shaped flat outer surfaces” and therefore Claim 1 recites two pairs of flat outer surfaces.
However, Claim 1 further recites “a fixing member is arranged at a portion at least from one flat outer surface among the pair of flat outer surfaces to the positive electrode electrical collector parts or the negative electrode electrical collector parts”.
Therefore it is unclear which pair of flat outer surfaces among the two pairs of flat outer surfaces the limitation is referring to (e.g. the pair of flat outer surfaces of the first electrode body or the pair of flat outer surfaces of the second electrode body).
Claims 3, 5, and 7 are rejected for the same reason as set forth above.
For purpose of examination, the Examiner will interpret the claims to recite:
Claim 1: “…a fixing member is arranged at a portion at least from one flat outer surface among the pair of flat outer surfaces of the first electrode body or the second electrode body to the positive electrode electrical collector parts or the negative electrode electrical collector parts…”
Claim 3: “… wherein the positive electrode tab groups are joined to the positive electrode electrical collector parts in a state that the positive electrode tab group is groups are gathered to a side of one flat outer surface among the pair of flat outer surfaces of the first electrode body or the second electrode body, and the negative electrode tab groups are joined to the negative electrode electrical collector parts in a state that the negative electrode tab groups are gathered to a side of one flat outer surface among the pair of flat outer surfaces of the first electrode body or the second electrode body”.
Claim 5: “…the fixing member is arranged at a portion at least from one flat outer surface among the pair of flat outer surfaces of the first electrode body or the second electrode body to the negative electrode electrical collector parts but is not arranged at a portion from either flat outer surfaces among the pair of flat outer surface of the first electrode body or the second electrode body to the positive electrode electrical collector parts”.
Claim 7: “wherein the pair of flat outer surfaces of the first electrode body or the second electrode body each is configured with a separator, and a layer containing polyvinylidene fluoride is formed at the outermost surface of the separator”.
Claims 2, 4, 6, and 9-16 are dependent on Claim 1 and therefore are rejected under 35 U.S.C. 112(b) for the reasons set for above.
Claim 16 recites the limitation “wherein the fixing member is arranged at a portion at least from one flat outer surface among the pair of flat outer surfaces of the first electrode body on a farther side of the second electrode body, via an outer surface of the positive electrode electrical collector parts or an outer surface of the negative electrode electrical collector parts to at a portion at least from one flat outer surface among the pair of flat outer surfaces of the second electrode body on a farther side of the first electrode body without entering between the first electrode body and the second electrode body”.
The Examiner notes that the term “farther” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention and therefore it is unclear what is meant by “a farther side of the second electrode body” and “a farther side of the first electrode body”.
For purpose of examination, the Examiner will interpret the claim to recite “wherein the fixing member is arranged at a portion at least from one flat outer surface among the pair of flat outer surfaces of the first electrode body on a , to among the pair of flat outer surfaces of the second electrode body on a
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.
Claims 1-3, 6, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kwak et al. (US PGPub 2020/0295339 A1, cited on the IDS dated June 6, 2022).
Regarding Claim 1, Kwak discloses in Figs. 3A-3I a battery (100) ([0064]) comprising:
a first electrode body (110) and a second electrode body (110) with a positive electrode (112) and a negative electrode (111), and that is formed in a flat hexahedron shape having a pair of rectangular-shaped flat outer surfaces (116) ([0064], [0030], [0033]-[0035]); and
a battery case (120) that accommodates the first electrode body (110) and the second electrode body (110) ([0064], [0030]),
wherein the battery case (120) comprises:
an outer package that has a bottom wall, a pair of first side walls extending from the bottom wall and opposed to each other, a pair of second side walls extending from the bottom wall and opposed to each other and an opening opposed to the bottom wall (Figs. 1A-1B, [0043]); and
an opening-seal plate (170) for sealing the opening ([0030]),
a positive electrode terminal (140) and a negative electrode terminal (130) are attached to the opening-seal plate (170) ([0030], [0035]-[0036], [0038]),
positive electrode tab groups (115) comprising a plurality of positive electrode tabs of the first electrode body (110) or the second electrode body (110) are arranged at a side of one second side wall (117B/1176) among the pair of second side walls (117A, 117B/1176) (Fig. 3B, [0064], [0034], [0038], [0040]),
negative electrode tab groups (114) comprising a plurality of negative electrode tabs of the first electrode body (110) or the second electrode body (110) are arranged at a side of another second side wall (117A) among the pair of second side walls (117A, 117B/1176) (Fig. 3B, [0064], [0036], [0040]),
the positive electrode tab groups (115) and the positive electrode terminal (140) are electrically connected through positive electrode electrical collector parts (160), the positive electrode tab groups (115) are joined to the positive electrode electrical collector parts (160) in a state that the positive electrode tab groups (110) are bent to extend along the one second side wall (117B/1176) among the pair of second side walls (117A, 117B/1176) (Figs. 3E-3F, [0047], [0085]),
the negative electrode tab groups (114) and the negative electrode terminal (130) are electrically connected through negative electrode electrical collector parts (150), the negative electrode tab groups (114) are joined to the negative electrode electrical collector parts (150) in a state that the negative electrode tab groups (114) are bent to extend along the other second side wall (117A) among the pair of second side walls (117A, 117B/1176) (Figs. 3E-3F, [0044], [0085]), and
a fixing member (119A or 119B/1196) is arranged at a portion at least from one flat outer surface among the pair of flat outer surfaces (116) to the positive electrode electrical collector parts (160) or the negative electrode electrical collector parts (150) (Fig. 3F, [0056], [0059]),
the positive electrode tab groups (115) of the first electrode body (110) or the second electrode body (110) are bent in the same direction (Figs. 3B-3F, [0039]), and
the negative electrode tab groups (114) of the first electrode body (110) or the second electrode body (110) are bent in the same direction (Figs. 3B-3F, [0039]).
Regarding Claim 2, Kwak discloses all of the limitations as set forth above. Kwak further discloses in Figs. 3E-3F
wherein the positive electrode tab groups (115) are joined to a surface at a side of the first electrode body (110) in the positive electrode electrical collector parts (160) ([0047], [0085]), and
the negative electrode tab groups (114) are joined to a surface at a side of the first electrode body (110) in the negative electrode electrical collector parts (150) ([0044], [0085]).
Regarding Claim 3, Kwak discloses all of the limitations as set forth above. Kwak further discloses in Figs. 3F-3F
wherein the positive electrode tab groups (115) are joined to the positive electrode electrical collector parts (160) in a state that the positive electrode tab groups (115) are gathered to a side of one flat outer surface among the pair of flat outer surfaces (116) of the first electrode body (110) or the second electrode body (110) ([0047], [0085]), and
the negative electrode tab groups (114) are joined to the negative electrode electrical collector part (150) in a state that the negative electrode tab groups (114) are gathered to a side of one flat outer surface among the pair of flat outer surfaces (116) of the first electrode body (110) or the second electrode body (110) ([0044], [0085]).
Regarding Claim 6, Kwak discloses all of the limitations as set forth above. Kwak further discloses
wherein the positive electrode electrical collector parts (160) comprise a positive electrode first electrical collector (161, 162) part arranged between the opening-seal plate (170) and the first electrode body (110), and a positive electrode second electrical collector part (163) joined to the positive electrode tab groups (115) (Fig. 1B, 3E-3F, [0057]),
the negative electrode electrical collector parts (150) comprise a negative electrode first electrical collector part (151, 152) arranged between the opening-seal plate (170) and the first electrode body (110), and a negative electrode second electrical collector part (153) joined to the negative electrode tab groups (114) (Fig. 1B, 3E-3F, [0054]), and wherein
the fixing member (119A or 119B/1996) covers at least a join part of the positive electrode first electrical collector part (161, 162) and the positive electrode second electrical collector part (163), or a join part of the negative electrode first electrical collector part (151, 152) and the negative electrode second electrical collector part (153) (Figs. 1B, 3E-3F, [0056], [0059]).
Regarding Claim 15, Kwak discloses all of the limitations as set forth above. Kwak further discloses wherein the positive electrode tab groups (115) are joined to a surface (163) at a side of the first electrode body (110) in the positive electrode electrical collector parts (160) (Figs. 1, [0058], [0081]), and
the fixing member (119B/1196) faces a surface (190) opposite the surface (163) at the side of the first electrode body (110) in the positive electrode current collector parts (160) (Fig. 1B, [0031], wherein a surface of insulation bag 190 is opposite to a surface 163 of the positive electrode electrical collector parts 160 at a side of the first electrode body 110).
Claim Rejections - 35 USC § 103
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kwak et al. (US PGPub 2020/0295339 A1, cited on the IDS dated June 6, 2022), as applied to Claim 1 above, and further in view of Minagata et al. (US PGPub 2017/0084946 A1).
Regarding Claim 4, Kwak discloses all of the limitations as set forth above. Kwak further discloses wherein the fixing member (119A or 119B/1196) covers a join part of the positive electrode tab groups (115) and the positive electrode electrical collector parts (160) or a join part of the negative electrode tab groups (114) and the negative electrode electrical collector parts (150) (Figs. 1C, 3E-3F, [0056], [0059]).
Consequently, Kwak does not disclose wherein the fixing member covers neither a join part of the positive electrode tab groups and the positive electrode electrical collector parts nor a join part of the negative electrode tab groups and the negative electrode electrical collector parts.
Though, Kwak discloses wherein the position of the fixing member (119A or 119B/1996) is not particularly limited and further discloses wherein the fixing member (119A or 119B/1196) may be attached to other areas of the first electrode body (110), such as the bottom (118B/1886) of the first and second electrode bodies (110) ([0096]).
Minagata teaches a battery (10) comprising a first electrode body (12) and a fixing member (45) arranged at a portion at least from one flat outer surface among a pair of flat outer surfaces of the first electrode body (12) in order to secure the first electrode body (12) from one end face thereof to the other (Abstract, [0025]).
Specifically, Minagata teaches wherein the fixing member (45, e.g. 47) may be attached to the bottom of the first electrode body (12) ([0026]).
It would have been obvious to one of ordinary skill in the art to modify the fixing member of Kwak to be attached to the bottom of the first and second electrode bodies of Kwak, as taught by Minagata, such that the fixing member covers neither a join part of the positive electrode tab groups of Kwak and the positive electrode electrical collector parts of Kwak nor a join part of the negative electrode tab groups of Kwak and the negative electrode electrical collector parts of Kwak, in order to secure the first and second electrode bodies from one end face thereof, wherein the position of the fixing member is not particularly limited and therefore the skilled artisan would have reasonable expectation that such would successfully form the battery desired by Kwak.
Claims 5 and 9-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kwak et al. (US PGPub 2020/0295339 A1, cited on the IDS dated June 6, 2022), as applied to Claim 1 above.
Regarding Claim 5, Kwak discloses all of the limitations as set forth above. Kwak further discloses wherein the plurality of positive electrode tabs are configured with an aluminum or an aluminum foil alloy ([0038]) and wherein the plurality of negative electrode tabs may be configured with a copper or a copper alloy foil ([0036]).
It would have been obvious to one of ordinary skill in the art to configure the plurality of negative electrode tabs with a copper or a copper alloy foil, as disclosed by Kwak, wherein the skilled artisan would have reasonable expectation that such would successfully form the plurality of negative electrode tabs desired by Kwak.
Modified Kwak further discloses wherein the fixing member (119A) is arranged at a portion at least from one flat outer surface among the pair of flat outer surfaces (116) of the first electrode body (110) or the second electrode body (110) to the negative electrode electrical collector parts (150) but is not arranged at a portion from either flat outer surfaces among the pair of flat outer surfaces (116) of the first electrode body (110) or the second electrode body (110) to the positive electrode electrical collector parts ([0056], wherein when the fixing member is 119A, the fixing member 119A is attached to the negative electrode electrical collector parts 150 but not the positive electrode electrical collector parts 160).
Regarding Claim 9, Kwak discloses all of the limitations as set forth above. However, Kwak does not disclose in the embodiment of Figs. 3A, 3E-3F, 3I wherein further one or a plurality of electrode bodies whose configurations are the same as the first electrode body are arranged between the first electrode and the second electrode body.
Though, Kwak discloses wherein the number of electrode assemblies (110) in the battery (100) is not particularly limited and may comprise one or more ([0065]).
It would have been obvious to one of ordinary skill in the art to further arrange one or a plurality of electrode bodies whose configurations are the same as the first electrode body between the first electrode and the second electrode body, as disclosed by Kwak, as the number of electrode assemblies in the battery is not particularly limited and therefore the skilled artisan would have reasonable expectation that such would successfully form the battery desired by Kwak.
Regarding Claim 10, modified Kwak discloses all of the limitations as set forth above. Modified Kwak further discloses wherein the first electrode body (110), an electrode body arranged between the first electrode body (110) and the second electrode body (110), and the second electrode body (110) are fixed (Figs. 3E-3F, [0095], see a fixing member 119A or 119B/1996 that fixes all of the electrode assemblies 110).
Regarding Claim 11, modified Kwak discloses all of the limitations as set forth above. Modified Kwak further discloses wherein the fixing member (119A or 119B/1996) of the first electrode body (110) and the fixing member (119A or 119B/1996) of the second electrode body (110) are not arranged at any portion between the first electrode body (110), an electrode body (110) arranged between the first electrode body (110) and the second electrode body (110), and the second electrode body (110) (Figs. 1C, 3E-3F, wherein the fixing member 119A or 119B/1196 wrap around one of the flat outer surfaces 116 of the first electrode body 110 and one of the flat outer surfaces 116 of the second electrode body 110).
Regarding Claim 12, modified Kwak discloses all of the limitations as set forth above. Modified Kwak further discloses
wherein an auxiliary fixing member is further arranged at a portion from a flat outer surface among the pair of flat outer surfaces (116) of the first electrode body (110) opposed to a first side wall among the pair of first side walls to a flat outer surface among the pair of flat outer surfaces (116) of the second electrode body (110) opposed to a first side wall among the pair of first side walls, and wherein
the auxiliary fixing member is arranged at a portion other than the positive electrode electrical collector parts (160) and the negative electrode electrical collector parts (150) included by the first electrode body (110), an electrode body arranged between the first electrode body and the second electrode body, and the second electrode body (110) (Figs. 3E-3F, [0056], [0059], [0096], see annotated Fig. 3F provided below).
PNG
media_image1.png
701
1152
media_image1.png
Greyscale
Assuming for the sake of argument that annotated Fig. 3F of modified Kwak does not disclose the claim limitations as set forth above, the following is relied upon.
Modified Kwak discloses all of the limitations as set forth above. However, modified Kwak does not disclose wherein an auxiliary fixing member is further arranged at a portion from a flat outer surface among the pair of flat outer surfaces of the first electrode body opposed to a first side wall among the pair of first side walls to a flat outer surface among the pair of flat outer surfaces of the second electrode body opposed to a first side wall among the pair of first side walls, and wherein, the auxiliary fixing member is arranged at a portion other than the positive electrode electrical collector parts and the negative electrode electrical collector parts included by the first electrode body, an electrode body arranged between the first electrode body and the second electrode body, and the second electrode body.
Though, Kwak discloses wherein the battery may further comprise an auxiliary fixing member, wherein such is not particularly limited and may be attached to other areas in the battery, such as a bottom (118B/1186) of the first electrode body (110), the electrode body arranged between the first electrode body (110) and the second electrode body(110), and the second electrode body (110) ([0096]), such that it is arranged at a portion from a flat outer surface among the pair of flat outer surfaces (116) of the first electrode body (110) opposed to a first side wall among the pair of first side walls to a flat outer surface among the pair of flat outer surfaces (116) of the second electrode body (110) opposed to a first side wall among the pair of first side walls and here, the auxiliary fixing member is arranged at a portion other than the positive electrode electrical collector parts (160) and the negative electrode electrical collector parts (140) included by the first electrode body (110), the electrode body arranged between the first electrode body (110) and the second electrode body (110), and the second electrode body (110).
It would have been obvious to one of ordinary skill in the art to attach an auxiliary fixing member to the bottom of the first electrode body, the electrode body arranged between the first electrode body and the second electrode body, and the second electrode body, such that the auxiliary fixing member is further arranged at a portion from a flat outer surface among the pair of flat outer surfaces of the first electrode body opposed to a first side wall among the pair of first side walls to a flat outer surface among the pair of flat outer surfaces of the second electrode body opposed to a first side wall among the pair of first side walls, and here, the auxiliary fixing member is arranged at a portion other than the positive electrode electrical collector parts of and the negative electrode electrical collector parts of included by the first electrode body, the electrode body arranged between the first electrode body and the second electrode body of modified, and the second electrode body, as disclosed by modified Kwak, wherein the skilled artisan would have reasonable expectation that such would successfully form the battery desired by modified Kwak.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kwak et al. (US PGPub 2020/0295339 A1, cited on the IDS dated June 6, 2022), as applied to Claim 1 above, and further in view of Sato (US PGPub 2011/0135991 A1, cited on the IDS dated September 28, 2023).
Regarding Claim 7, Kwak discloses all of the limitations as set forth above. Kwak further discloses wherein the pair of flat outer surfaces (116) of the first electrode body (110) or the second electrode body (110) each is configured with a separator (113) (Fig. 1B, [0041]) and wherein the separator (113) may be made of polyethylene, polypropylene, or a composite thereof but is not limited to such ([0041]).
However, Kwak dos not disclose wherein a layer containing polyvinylidene fluoride is formed at the outermost surface of the separator.
Sato teaches a battery comprising a separator (23a) that suppresses a lowering of battery characteristics such as a cycle characteristic ([0010]-[0013]).
Specifically, Sato teaches wherein the separator (23a) is preferably made of polyethylene, polypropylene, or a composite thereof ([0059], [0061]).
Sato further teaches wherein a layer (23b) containing polyvinylidene fluoride is formed at the outermost surface of the separator (23a) ([0059], [0063]).
It would have been obvious to one of ordinary skill in the art to form a layer containing polyvinylidene fluoride at the outermost surface of the separator of Kwak, as taught by Sato, in order to suppress a lowering of battery characteristics of the battery of Kwak such as a cycle characteristic, wherein the material of the separator is not particularly limited and therefore the skilled artisan would have reasonable expectation that such would successfully form the separator desired by Kwak.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kwak et al. (US PGPub 2020/0295339 A1, cited on the IDS dated June 6, 2022), as applied to Claim 9 above, with evidence provided by Friction and Wear of Ceramics - Principles and Case Studies (Chapter 6, see NPL provided with this Office Action).
Regarding Claim 13, modified Kwak discloses all of the limitations as set forth above. Modified Kwak further discloses wherein the pair of flat outer surfaces each is configured with a separator (113) (Fig. 1B, [0041]) and wherein the separator (113) may be made of polyethylene, polypropylene, or a combination thereof ([0041]).
It would have been obvious to one of ordinary skill in the art to form the separator to be made of polyethylene, as disclosed by modified Kwak, wherein the skilled artisan would have reasonable expectation that such would successfully form the separator desired by modified Kwak.
Moreover, modified Kwak discloses wherein insulation members (190) are arranged between the first side wall among the pair of first side walls opposed to a flat outer surface of the first electrode body among the pair of flat outer surfaces (116) of the first electrode body (110), and between another first side wall among the pair of first side walls and a flat outer surface among the pair of flat outer surfaces (116) of the second electrode body (110) in the battery case (Figs. 3G-3I, [0099]-[0101]).
However, modified Kwak does not disclose the material of the insulation members and consequently does not disclose wherein the insulation members are configured with a resin film.
Though, modified Kwak discloses wherein a resin film, such as polyethylene, polypropylene, or a combination thereof prevents or substantially prevents an electrical short circuit and therefore is insulating ([0041]).
It would have been obvious to one of ordinary skill in the art to form the insulation members to be made of polyethylene, such that they are configured with a resin film, as disclosed by modified Kwak, as such prevents or substantially prevents an electrical short circuit and therefore the skilled artisan would have reasonable expectation that such would successfully function as insulation members, as desired by modified Kwak.
Modified Kwak discloses wherein the positive electrode (111) and the negative electrode (112) comprise metals such as copper or copper alloy and aluminum or aluminum alloy respectively ([0035]-[0036], [0038]).
However, modified Kwak remains silent regarding friction coefficients of the battery and consequently does not disclose wherein friction coefficients of the first electrode body, of an electrode body arranged between the first electrode body and the second electrode body, and of the second electrode body are larger than a friction coefficient of an insulation member among the insulation members and a flat outer surface among the pair of the flat outer surfaces of the first electrode body and a friction coefficient of an insulation member among the insulation members and a flat outer surface among the pair of the flat outer surfaces of the second electrode body.
The Examiner notes that metals have a higher friction coefficient compared to polyethylene. For example, see Al and Cu in Table 6.1 which have high friction coefficients than polyethylene in Table 6.3 (Friction and Wear of Ceramics - Principles and Case Studies, Chapter 6).
Thus, modified Kwak discloses wherein friction coefficients of the first electrode body (110), of an electrode body arranged between the first electrode body (110) and the second electrode body (110), and of the second electrode body (110) comprising metals such as copper or copper alloy and aluminum or aluminum are necessarily and inherently larger than a friction coefficient of an insulation member among the insulation members (190) comprising polyethylene and a flat outer surface among the pair of the flat outer surfaces of the first electrode body (110) and a friction coefficient of an insulation member among the insulation members (190) comprising polyethylene and a flat outer surface among the pair of the flat outer surfaces of the second electrode body (110), as evidenced by Tables 6.1 and 6.3 of Friction and Wear of Ceramics - Principles and Case Studies, Chapter 6, absent any persuasive evidence provided by the Applicant.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Kwak et al. (US PGPub 2020/0295339 A1, cited on the IDS dated June 6, 2022), with evidence provided by Friction and Wear of Ceramics - Principles and Case Studies (Chapter 6, see NPL provided with this Office Action), as applied to Claim 13 above, and further in view of Minagata et al. (US PGPub 2017/0084946 A1).
Regarding Claim 14, modified Kwak discloses all of the limitations as set forth above. Modified Kwak discloses wherein the battery case (120) comprising the pair of first side walls may have the same polarity as the positive electrode terminal (140) ([0053]) and further discloses wherein the insulation members (190) prevent or substantially prevent short circuit between the first electrode body (110), an electrode body arranged between the first electrode body (110) and the second electrode body (110), and of the second electrode body (110) and the battery case (120) ([0060]) and therefore modified Kwak suggests wherein the battery case (120) is made of metal.
However, modified Kwak does not explicitly disclose what material the battery case is made of.
Minagata teaches a battery (10) comprising a battery case (13) that accommodates a first electrode body (12) ([0017]).
Specifically, Minagata teaches wherein the battery case (13) is made of a metal, such as stainless steel or aluminum ([0017]),
It would have been obvious to one of ordinary skill in the art to form the battery case of modified Kwak to be made of stainless steel, as taught by Minagata, as such is a known suitable metal in the art, wherein the skilled artisan would have reasonable expectation that such would successfully form the battery case desired by modified Kwak.
Modified Kwak remains silent regarding friction coefficients of the battery and consequently does not disclose wherein friction coefficients of the first electrode body, of an electrode body arranged between the first electrode body and the second electrode body, and of the second electrode body are larger than a friction coefficient of an insulation member among the insulation members and a first side wall among the pair the first side walls.
The Examiner notes wherein metals have a higher friction coefficient compared to polyethylene. For example, see Al, Cu, and mild steel in Table 6.1 which have high friction coefficients than polyethylene in Table 6.3 (Friction and Wear of Ceramics - Principles and Case Studies, Chapter 6).
Thus, modified Kwak discloses wherein friction coefficients of the first electrode body (110), of an electrode body arranged between the first electrode body (110) and the second electrode body (110), and of the second electrode body (110) are larger than a friction coefficient of an insulation member among the insulation members (190) and a first side wall among the plurality of first side walls, as evidenced by Tables 6.1 and 6.3 of Friction and Wear of Ceramics - Principles and Case Studies, Chapter 6, absent any persuasive evidence provided by the Applicant.
Claims 1 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kwak et al. (US PGPub 2020/0295339 A1, cited on the IDS dated June 6, 2022).
Regarding Claims 1 and 16, Kwak discloses in Figs. 3A-3I a battery (100) ([0064]) comprising:
a first electrode body (110) and a second electrode body (110) with a positive electrode (112) and a negative electrode (111), and that is formed in a flat hexahedron shape having a pair of rectangular-shaped flat outer surfaces (116) ([0064], [0030], [0033]-[0035]); and
a battery case (120) that accommodates the first electrode body (110) and the second electrode body (110) ([0064], [0030]),
wherein the battery case (120) comprises:
an outer package that has a bottom wall, a pair of first side walls extending from the bottom wall and opposed to each other, a pair of second side walls extending from the bottom wall and opposed to each other and an opening opposed to the bottom wall (Figs. 1A-1B, [0043]); and
an opening-seal plate (170) for sealing the opening ([0030]),
a positive electrode terminal (140) and a negative electrode terminal (130) are attached to the opening-seal plate (170) ([0030], [0035]-[0036], [0038]),
positive electrode tab groups (115) comprising a plurality of positive electrode tabs of the first electrode body (110) or the second electrode body (110) are arranged at a side of one second side wall (117B/1176) among the pair of second side walls (117A, 117B/1176) (Fig. 3B, [0064], [0034], [0038], [0040]),
negative electrode tab groups (114) comprising a plurality of negative electrode tabs of the first electrode body (110) or the second electrode body (110) are arranged at a side of another second side wall (117A) among the pair of second side walls (117A, 117B/1176) (Fig. 3B, [0064], [0036], [0040]),
the positive electrode tab groups (115) and the positive electrode terminal (140) are electrically connected through positive electrode electrical collector parts (160), the positive electrode tab groups (115) are joined to the positive electrode electrical collector parts (160) in a state that the positive electrode tab groups (110) are bent to extend along the one second side wall (117B/1176) among the pair of second side walls (117A, 117B/1176) (Figs. 3E-3F, [0047], [0085]),
the negative electrode tab groups (114) and the negative electrode terminal (130) are electrically connected through negative electrode electrical collector parts (150), the negative electrode tab groups (114) are joined to the negative electrode electrical collector parts (150) in a state that the negative electrode tab groups (114) are bent to extend along the other second side wall (117A) among the pair of second side walls (117A, 117B/1176) (Figs. 3E-3F, [0044], [0085]), and
a fixing member (119A and 119C or 119B/1196 and 119D) is arranged at a portion at least from one flat outer surface among the pair of flat outer surfaces (116) to the positive electrode electrical collector parts (160) or the negative electrode electrical collector parts (150) (Fig. 3F, [0056], [0059]),
the positive electrode tab groups (115) of the first electrode body (110) or the second electrode body (110) are bent in the same direction (Figs. 3B-3F, [0039]), and
the negative electrode tab groups (114) of the first electrode body (110) or the second electrode body (110) are bent in the same direction (Figs. 3B-3F, [0039]).
Kwak further discloses wherein the first electrode body (110) and the second electrode body (110) include positive electrode (112) and a negative electrode (111), and that is formed in a flat hexahedron shape having a pair of rectangular-shaped flat outer surfaces (116) ([0064], [0030], [0033]-[0035]).
However, Kwak does not disclose in the embodiment of Figs. 3A, 3E-3F, 3I one or more electrode bodies arranged between the first electrode and the second electrode body, the one or more electrode bodies each including a positive electrode and a negative electrode, and formed in a flat hexahedron shape having a pair of rectangular-shaped flat outer surfaces.
Though, Kwak discloses wherein the number of electrode assemblies (110) in the battery (100) is not particularly limited and may comprise one or more ([0065]).
It would have been obvious to one of ordinary skill in the art to further arrange one more electrode bodies between the first electrode and the second electrode body, the one or more electrode bodies each including a positive electrode and a negative electrode, and formed in a flat hexahedron shape having a pair of rectangular-shaped flat outer surfaces, as disclosed by Kwak, as the number of electrode assemblies in the battery is not particularly limited and therefore the skilled artisan would have reasonable expectation that such would successfully form the battery desired by Kwak.
Modified Kwak further discloses wherein the fixing member (119A and 119C or 119B/1196 and 119D) is arranged at a portion at least from one flat outer surface (116) among the pair of flat outer surfaces (116) of the first electrode body (110) on a side of the second electrode body (110), via an outer surface of the positive electrode electrical collector parts (160) or an outer surface of the negative electrode electrical collector parts (150), to a portion at least from one flat outer surface (116) among the pair of flat outer surfaces (116) of the second electrode body (110) on a side of the first electrode body (110) without entering between the first electrode body (110) and the second electrode body (110) (Fig. 3F, [0056], [0059]), wherein the fixing member (119A and 119C or 119B/1196 and 119D) is directly attached on the outer surface of the positive electrode electrical collector parts (160) or the outer surface of the negative electrode electrical collector parts (150) (Figs. 1B and 3G, see 119C or 119D of the fixing member 119A and 119C or 119B/1196 and 119D in direct contact with the negative electrode electrical collector parts 150 and the positive electrode electrical collector parts 160 respectively.
Response to Arguments
Applicant's arguments filed May 9, 2025 have been fully considered but they are not persuasive.
Regarding amended Claim 1, the Applicant argues that, as shown in Figs. 3E and 3F of Kwak, the first uncoated portion tab 114 of one electrode body and the first uncoated portion tab 114 of the other electrode body are bent in a different direction to have the edges of the first uncoated portion tabs 114 face each other. That is, the first uncoated portion tab 114 of one electrode body and the first uncoated tab portion 114 of the other electrode body are not bent in the same direction. The structure of Kwak is different from that recited in Claim 1.
The Examiner respectfully disagrees and notes that Kwak discloses wherein the positive electrode tab groups (115) of the first electrode body (110) or the second electrode body (110) are bent in the same direction (Figs. 3B-3F, [0039]), and the negative electrode tab groups (114) of the first electrode body (110) or the second electrode body (110) are bent in the same direction (Figs. 3B-3F, [0039]).
In other words, the claim does not require the positive electrode tab groups of the first electrode body and of the second electrode body to be bent in a same direction nor the negative electrode tab groups of the first electrode body and of the second electrode body to be bent in a same direction, as argued by the Applicant.
Consequently, the arguments are not found to be persuasive.
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 KIMBERLY WYLUDA whose telephone number is (571)272-4381. The examiner can normally be reached Monday-Thursday 7 AM - 3 PM EST.
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, BASIA RIDLEY can be reached on (571)272-1453. 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.
/K.W./Examiner, Art Unit 1725
/BASIA A RIDLEY/Supervisory Patent Examiner, Art Unit 1725
