DETAILED CORRESPONDENCE
This is the first office action regarding application number 17/927,175, filed 11/22/2022.
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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Election/Restrictions
Applicant's election with traverse of Species A in the reply filed on 02/17/2026 is acknowledged. The traversal is on the ground(s) that the surface deformed portions require a substrate underneath them. This is not found persuasive because, under the broadest reasonable interpretation, a surface deformed portion does not require an underlying substrate. For example, a sheet with holes-punched reads as a surface with portions occluded, such that the sheet, including the surface of the sheet, it deformed at the region of the punched holes.
The requirement is still deemed proper and is therefore made FINAL.
Claim 19 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim.
Claims 1-3, 7-10, 13-16, 18-25, and 29 have been fully considered in examination.
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 24 is 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 pre-AIA the applicant regards as the invention.
Claim 24 requires 20-60 Barrer at 60C, but does not specify the gas. Gas permeability is meaningless without the identity of the permeant gas. Accordingly, a skilled artisan would be unable to ascertain the gas permeability of the lead film. The specification lists the lead film as containing polypropylene (see Technical Solution section), therefore claim 24 is interpreted as a material with a gas permeability of polypropylene.
Claim Rejections - 35 USC § 102
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 1-13, and 21-24 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang (US-20140011060-A1).
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Regarding claim 1,
Yang teaches a battery cell (Fig. 7, 30; [0079]), comprising:
a battery case (Fig. 8, 34; [0079]) having an accommodation portion (Fig. 8, space inside 34) accommodating an electrode assembly (Fig. 8, 31),
and a sealing portion (Fig. 8, S; [0068]) formed by sealing [0068] an outer periphery of the battery case (Fig. 8, wherein S is along the outer periphery of 34; [0068]);
an electrode lead (Fig. 8, 32; [0079]) electrically connected to an electrode tab (Fig. 4, T; [0061-0062]) included in the electrode assembly (31) and protruding out (Fig. 8) of the battery case (34) via the sealing portion (S);
and a lead film (Fig. 8, 33; [0079]) adjacent to the sealing portion (Fig. 8, wherein 33 is adjacent to S) in at least one of a first portion (Fig. 8, upper surface of 32) and a second portion of the electrode lead (Fig. 8., lower surface of 32),
wherein a surface-deformed portion (annotated Fig. 8, “through-hole edge”; [0084], “punching”, wherein through holes 32a/32b alter the original surface of 32 such that it is deformed, wherein the surface-deformed portion is defined by the part of surface 32 that is deformed: the edge of through holes 32a/32b) is formed on an outer surface (upper surface of 32) of the electrode lead (32),
and the surface-deformed portion (annotated Fig. 8, "through-hole edge") is located between the lead film (33) and the electrode lead (see annotated Fig. 8, wherein the “through-hole edge” is at least between the inner surface portion of 32a/32b and 33 such that the surface deformed portion is between 33 and at least a portion of 32)
Regarding claim 2,
Yang teaches the battery cell according to claim 1 (see rejection of claim 1 above), wherein the surface-deformed portion (see annotated Fig. 8, “through-hole edge”) is formed by removing a part of the outer surface of the electrode lead ([0084], “punching”, wherein punching a hole at least removes a part of the outer surface of the electrode lead).
Regarding claim 7,
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Yang teaches the battery cell according to claim 1 (see rejection of claim 1 above), wherein the surface-deformed portion (annotated Fig. 8, “surface deformed portion”) extends along a protruding direction of the electrode lead (annotated Fig. 8, wherein the through-hole edge extends horizontally along the protruding direction of the electrode lead 32), and based on the protruding direction of the electrode lead (Fig. 8, horizontal direction parallel with electrode lead 32), an end of the surface- deformed portion (annotated Fig. 8, left end of “through-hole edge” of 32b; see also arial view in annotated Fig. 7, upper end of through hole edge of 32b) disposed adjacent to an outer side of the sealing portion (annotated Fig. 8, wherein the left line of the bracket defining sealing portion S delineates the outer side of the sealing portion) is located inward an end of the lead film (annotated Fig. 7, wherein the upper end of the through-hole edge of 32b is within the boundaries of 33 and thus located inward of an end of the lead film).
Regarding claim 8,
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Yang teaches the battery cell according to claim 1 (see rejection of claim 1 above), wherein the surface-deformed portion (annotated Fig. 8, “through-hole edge” of 32a) is configured to extend along a protruding direction of the electrode lead (Fig. 8, horizontal direction parallel with electrode lead 32), and based on the protruding direction of the electrode lead, an end of the surface- deformed portion (annotated Fig. 8, left end of through-hole edge of 32a; see also arial view in annotated Fig. 7, “upper end of through-hole edge” of 32a) disposed adjacent to an inner side of the sealing portion (annotated Fig. 8, wherein the right line of the bracket defining sealing portion S delineates the inner side of the sealing portion) is located inner than an end of the lead film (annotated Fig. 7, wherein the upper end of the through-hole edge of 32a is within the boundaries of 33 and thus located inward of an end of the lead film).
Regarding claim 9,
Yang teaches the battery cell according to claim 1, wherein the surface-deformed portion (annotated Fig. 8, through-hole edge) is configured to extend along a protruding direction (see annotated Fig. 8, protruding direction of 32) of the electrode lead 32, and based on the protruding direction of the electrode lead, an end of the surface- deformed portion (annotated Fig. 8, right end of “through hole edge”) disposed adjacent to an outer side of the sealing portion (annotated Fig. 8, S) is located outer (annotated Fig. 8, wherein at least a right through hole edge is located outside 33) than an end of the lead film 33.
Regarding claim 10,
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Yang teaches the battery cell according to claim 1 (see rejection of claim 1 above), wherein the surface-deformed portion (annotated Fig. 8, “through-hole edge” of 32a) is configured to extend along a protruding direction of the electrode lead (Fig. 8, horizontal direction parallel with electrode lead 32), and based on the protruding direction of the electrode lead, an end of the surface- deformed portion (annotated Fig. 8, right end of through-hole edge of 32a; see also annotated Fig. 7 for arial view, lower end of through-hole edge of 32a) disposed adjacent to an inner side of the sealing portion (annotated Fig. 8, wherein the right line of the bracket defining sealing portion S delineates the inner side of the sealing portion) is located outward of an end of the lead film (annotated Fig. 7, wherein the lower end of through-hole edge of 32a is outside the boundaries of 33 and is thus is located outward of the end of the lead film).
Regarding claim 11,
Yang teaches the battery cell according to claim 1 (see rejection of claim 1 above), wherein the surface-deformed portion is configured to extend in a direction perpendicular to a protruding direction of the electrode lead, and a length of the surface- deformed portion is smaller than a width of the electrode lead.
Regarding claim 12,
Yang teaches the battery cell according to claim 1 (see rejection of claim 1 above), wherein the surface-deformed portion (Fig. 7, through-hole edge delineated by 32b) has a circular shape (Fig. 7, through-hole edge delineated by 32b).
Regarding claim 13,
Yang teaches the battery cell according to claim 1 (see rejection of claim 1 above), wherein based on a protruding direction of the electrode lead, a first end of the surface- deformed portion (annotated Fig. 8, left side of through-hole edge of 32b) is located inward of an inner surface of the sealing portion (annotated Fig. 8, wherein the right line of the bracket defining sealing portion S delineates the inner surface of the sealing portion).
Regarding claim 14,
Yang teaches the battery cell according to claim 13 (see rejection of claim 13), wherein based on the protruding direction of the electrode lead (annotated Fig. 8, horizontal direction of 32), a second end of the surface-deformed portion (right side of 32a) is located outer than an outer surface of the sealing portion (annotated 8, boundaries of S, wherein a right side of 32a is outside the boundaries of S).
Regarding claim 21,
Yang teaches the battery cell according to claim 1 (see rejection of claim 1 above), wherein the lead film includes a first lead film (Fig. 8, portion of 33 above 32) and a second lead film (Fig. 8, portion of 33 below 32), the first lead film is located at an upper portion of the electrode lead (Fig. 8, wherein the upper portion of the electrode lead is defined as the portion above 32 where 33 is located), and the second lead film is located at a lower portion of the electrode lead (Fig. 8, wherein the lower portion of the electrode lead is defined as the portion below 32 where 33 is located).
Regarding claim 22,
Yang teaches the battery cell according to claim 21 (see rejection of claim 21 above), wherein the electrode lead (32) is located between the first lead film and the second lead film (see rejection of claim 21 above), and the first lead film and the second lead film are integrated with each other (Fig. 7, 33, wherein the first lead film and second lead film connect at the sides of 32; [0071], wherein 33 is described as sealing tape attached to the lead such that it is at least integrated at the sides such that the electrode lead is properly sealed around its periphery).
Regarding claim 23,
Yang teaches the battery cell according to claim 1 (see rejection of claim 1 above), wherein the surface-deformed portion is located on an upper surface of the electrode lead (annotated Fig. 8, wherein the “through-hole edge” is located on an upper surface of 32).
Regarding claim 24,
Yang teaches the battery cell according to claim 1 (see rejection of claim 1 above), wherein the lead film has gas permeability of 20 Barrer to 60 Barrer at 60°C (see 112(b) above, wherein claim 24 is interpreted as having the gas permeability of polypropylene, wherein Yang teaches 13 may be made of polypropylene [0064]).
KR101540857B1
Regarding claim 26,
Yang teaches the battery cell according to claim 1 (see rejection of claim 1 above), wherein the lead film 13 contains polypropylene ([0064], “polypropylene”).
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 3 is rejected under 35 U.S.C. 103 as being unpatentable over Yang (US-20140011060-A1) in view of Nakashima (US-20220302560-A1).
Regarding claim 3,
Yang teaches the battery cell according to claim 2 (see rejection of claim 2 above), but fails to teach wherein a coating layer is formed on the outer surface of the electrode lead, and the surface-deformed portion is formed by removing a part of the coating layer. Nakashima teaches a coating layer (Fig. 4, 130) is formed on the outer surface of the electrode lead (Fig. 4, 100), and the surface-deformed portion (Fig. 4, N) is formed by removing (see [0043], “laser irradiation, etching”) a part of the coating layer (Fig. 4, removed part of 130 to form N). It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the surface deformed portion of Yang by producing using the method of Nakashima, wherein laser irradiation forms the surface deformed portion, as Nakashima teaches this method provides higher accuracy and stability [0043].
Claims 15-16, 18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Yang (US20140011060A1) in view of Su (KR-20160131415-A) (refer to enclosed translations for citations).
Regarding claim 15,
Yang teaches the battery cell according to claim 14 (see rejection of claim 14 above), but fails to teach wherein an area of the other end of the surface-deformed portion exposed outer than the outer surface of the sealing portion is greater than an area of one end of the surface- deformed portion exposed inner than the inner surface of the sealing portion. Su teaches wherein an area (Fig. 10, area of 36 outside of 50) of the other end (bottom end of 36, which is “other” to the top end of 36) of the surface-deformed portion 36 exposed outer than the outer surface of the sealing portion (Fig. 10, sealing portion located near element 50, see also Fig. 9, compressed rim of 70) is greater than an area of one end of the surface- deformed portion exposed inner than the inner surface of the sealing portion (see Fig. 10, wherein the portion of 36 protruding outside of the sealing portion near 50 is much larger than the portion of 36 inside of the sealing portion near 50) . It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the surface-deformed portion of Yang to have the surface deformed configuration 36 of Su, as Su teaches this configuration to improve the functionality of the surface deformed portion [0019-0021], improving safety of operation [0021].
Regarding claim 16,
Yang teaches the battery cell according to claim 1 (see rejection of claim 1 above), but fails to teach wherein the surface-deformed portion includes a first surface-deformed portion and a second surface-deformed portion connected to each other, the first surface-deformed portion is configured to extend along a longitudinal direction of the sealing portion, and the second surface-deformed portion is configured to extend along a protruding direction of the electrode lead. Su teaches wherein the surface-deformed portion includes a first surface-deformed portion (Fig. 10, 32; [0037]) and a second surface-deformed portion (Fig. 10, 34; [0039]) connected to each other (see Fig. 10), the first surface-deformed portion is configured to extend along a longitudinal direction of the sealing portion (Fig. 10, wherein 32 extends along the longitudinal direction of the sealing portion located near element 50), and the second surface-deformed portion is configured to extend along a protruding direction of the electrode lead (Fig. 10, wherein 34 extends along the protruding direction of 20). It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the surface-deformed portion of Yang to have the first and second portions as described by Su, as Su teaches this configuration to improve the functionality of the surface deformed portion [0019-0021], improving safety of operation [0021].
Regarding claim 18,
Yang in view of Su teaches the battery cell according to claim 16 (see rejection of claim 16 above), wherein the first surface-deformed portion (Su, 32) is located adjacent to an inside of the battery case (see annotated Fig. 8, inside portion of case is to the right of, and thus adjacent to, all surface deformed portions modified by Su), and the second surface-deformed portion (Su, 34) is located adjacent to an outside of the battery case (see annotated Fig. 8 above, wherein the outside of the case is to the left of, and thus adjacent to, all surface deformed portions modified by Su).
Regarding claim 20,
Yang teaches the battery cell according to claim 16, wherein the first surface-deformed portion is entirely located on the lead film (Fig. 10), and one end of the second surface-deformed portion 34 is not covered by the lead film 50.
Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Yang (US20140011060A1) in view of Jung (KR20150062257A) (refer to enclosed translations for citations).
Regarding claim 25,
Yang teaches the battery cell according to claim 1 (see rejection of claim 1 above), but fails to teach wherein the lead film has a moisture penetration amount of 0.02 g to 0.2 g for 10 years at 25°C, 50 %RH. However, value is understood by a skilled artisan as having a very low moisture permeability. Additionally, Jung teaches a lead film that has a very low moisture permeability [0009]. Absent a showing of criticality or unexpected results, it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to optimize the moisture penetration of the lead film as Jung teaches that doing so prevents damage to device [0009].
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over Yang (US20140011060A1) in view of Chang (US20210305546A1).
Regarding claim 29,
Yang teaches the battery cell according to claim 1, but fails to teach a battery module, comprising the battery cell according to claim 1. Chang teaches a battery module (Fig. 1). It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to arrange the battery cells of Yang in the module configuration of Chang because Chang teaches this module for pouches specifically and to improve energy density [0019].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL WYROUGH whose telephone number is (571)272-4806. The examiner can normally be reached on Monday-Friday 10am-5pm.
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/PAUL CHRISTIAN ST WYROUGH/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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