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
Claims 1 and 10 have been amended and the 35 U.S.C 112(b) rejection has been withdrawn.
Response to Amendment
The amendment filed on 09/03/2025 has been entered. Claims 1, 8-10, and 17-18 have been amended, Claims 4-7, 13-16, and 19-20 have been canceled, and Claims 1-3,8-12 and 17-18 are pending.
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.
Claims 1-3 and 8-9, are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 20190355994 A1), hereinafter “Lee”, in view of Kim et al. (KR 20130105382 A – Machine Translation), hereinafter “Kim”. Lee and Kim et al. are analogous prior art to the claimed invention because they pertain to the same field of endeavor, namely wound battery assembly.
In regard to Claim 1, Lee et al. discloses an electronic device comprising: a battery, wherein the battery includes: a pouch (Lee, Abstract, Paragraph [0072]). Lee et al. also an electrode assembly which is included in the pouch and which comprises a positive electrode plate disposed on an outermost side, a first separation membrane disposed on an inner side of the positive electrode plate, a negative electrode plate disposed on an inner side of the first separation membrane, and a second separation membrane disposed on an inner side of the negative electrode plate, wherein the electrode assembly is stacked and wound in the pouch (Lee, Paragraph [0114], Figure 5).
Further, Lee et al. discloses wherein the positive electrode plate includes a first outer surface oriented in a first direction, and a second outer surface oriented in a second direction opposite to the first direction, wherein the electrode assembly includes an upper end oriented in an upward direction and a lower end oriented in a direction opposite to the upward direction, wherein the second separation membrane includes a first inner surface adjacent and/or proximate to the first outer surface in a vicinity of a central portion of the electrode assembly and a second inner surface adjacent and/or proximate to the second outer surface in the vicinity of the central portion (Lee, Figure 5, Paragraph (114)).
While Lee et al. discloses a first, second and third fixing member comprising a connector, it fails to explicitly disclose a fourth fixing member. Kim et al. discloses a plurality of fixing members wherein the number of the cross tapes (fixing members) are not limited and may be one or more (Kim, Paragraph [16-17]). Kim et al. discloses a first fixing member configured to couple a first portion of an upper portion of the first inner surface, a first portion of the upper end, and a first portion of an upper portion of the first outer surface (Kim, Paragraph [0013], Figure 3 (200)). Kim et al. teaches the benefit of the cross tape 200 extending from the center 111 of the electrode assembly to the outer circumferential surface 112 as being capable of maintaining the tension of the electrode assembly from the center to the outer circumferential surface on a horizontal plane (Kim, Paragraph [0013]).
Next, Kim et al. discloses a second fixing member configured to couple a first portion of a lower portion of the first inner surface, a first portion of the lower end, and a first portion of a lower portion of the first outer surface (Kim, Paragraph [0013], Figure 4 (200)). Kim et al. also discloses that the cross tape 200 may be attached to the upper surface 110, the lower surface 120 or both, and it is preferable to be attached to both the upper surface 110 and the lower surface 120 of the electrode assembly as well as teaching the number of the cross tapes 200 is not limited and may be one or more (Kim, Paragraph [16-17]). Kim et al. teaches the benefit of a plurality of cross tapes 200 extending from the center 111 of the electrode assembly to the outer circumferential surface 112 on both top and bottom in order to maintain the tension of the electrode assembly from the center to the outer circumferential surface on a horizontal plane (Kim, Paragraph [13, 16-17]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the current invention to provide a fixing member that is configured to couple a portion of an upper or lower portion of the inner surface, a portion of the upper or lower end, and a portion of an upper or lower portion of the outer surface as disclosed in Kim et al. with the electrode assembly disclosed in Lee et al. as doing so would give the skilled artisan the reasonable expectation to achieve the benefit of maintaining the tension of the electrode assembly from the center to the outer circumferential surface as taught in Kim et al. and as doing so would amount to nothing more than a variation of fixing members for use in the same field based on design incentives or other market forces, as the variations are predictable to one of ordinary skill in the art.
Further, Lee et al. discloses a fixing member that functions as the third fixing member configured to couple a second portion of the lower portion of the first outer surface, a second portion of the lower end, and a first portion of a lower portion of the second outer surface (Lee, Figure 11 (572)). Lee et al. also discloses a fixing member that functions as the fourth fixing member configured to couple a second portion of the upper portion of the first outer surface, a second portion of the upper end, and a first portion of an upper portion of the second outer surface (Lee, Figure 11 (571)). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the current invention to provide a plurality of fixing members wherein the first and second fixing members are as disclosed in Kim et al. with the third and fourth fixing member are as disclosed in Lee et al. as doing so would give the skilled artisan the reasonable expectations of achieving the benefits taught in Kim et al. and as doing so would amount to nothing more than applying a known technique to a known device (method, or product) ready for improvement to yield predictable results.
In regard to Claim 2, Lee et al. in view of Kim et al. discloses the electronic device of claim 1. Lee also discloses wherein a positive electrode tab is connected to the positive electrode plate disposed in the central portion, a negative electrode tab is connected to the negative electrode plate disposed in the central portion, and the positive electrode tab and the negative electrode tab are spaced apart from each other (Lee, Figure 5 [515, 525]). Thus, the skilled artisan would find it obvious to provide positive and negative electrode tabs in such a configuration, as doing so would be nothing more than the use of known technique to improve similar devices (methods, or products) in the same way.
In regard to Claim 3, Lee et al. in view of Kim et al. discloses the electronic device of claim 1. Given the order of the layers of the electrode assembly configuration disclosed by Lee et al. then once those layers are wound, the first and second inner surfaces are by definition, a portion of the second separation membrane (Lee, Figure 5 [531,533] and Paragraph [0103]). Thus, the skilled artisan would find it obvious to assemble the electrode assembly according to known methods to yield predictable results.
In regard to Claim 8, Lee et al. in view of Kim et al. discloses the electronic device of claim 1. Lee et al. discloses at least one fixing member comprising a connector configured to couple a portion of an upper portion of the second outer surface and a portion of the upper end and a second fixing member configured to couple a portion of the lower end, and a portion of a lower portion of the second outer surface but fails to explicitly disclose a fifth fixing member configured to couple a second portion of the upper portion of the second outer surface, a third portion of the upper end, the second inner surface, a third portion of the lower end, and a second portion of the lower portion of the second outer surface.
Kim et al. discloses that the cross tape 200 (fixing member) may be attached to the upper surface 110, the lower surface 120 or both, and it is preferable to be attached to both the upper surface 110 and the lower surface 120 of the electrode assembly, as well as teaching the number of the fixing members is not limited and may be one or more (Kim, Paragraph [16-17]). Kim et al. also discloses a specific example where a fixing member comprising a connector configured to couple a second portion of the upper portion of the second outer surface, a third portion of the upper end, the second inner surface, a third portion of the lower end, and a second portion of the lower portion of the second outer surface (Kim, Figure 4). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the current invention to provide as many fixing members as necessary to properly secure the electrode assembly and would be at the discretion of the skilled artisan. Thus, providing additional fixing members to couple additional surfaces would amount to nothing more than the use of known technique to improve similar devices (methods, or products) in the same way.
In regard to Claim 9, Lee et al. in view of Kim et al. discloses the electronic device of claim 1. Lee et al. discloses at least one fixing member comprising a connector configured to couple a portion of an upper portion of the first outer surface and a portion of the upper end and a second fixing member configured to couple a portion of the lower end, and a portion of a lower portion of the first outer surface but fails to explicitly disclose a sixth fixing member configured to couple a second portion of the upper portion of the first outer surface, a fourth portion of the upper end, the first inner surface, a fourth portion of the lower end, and a third portion of the lower portion of the first outer surface.
Kim et al. discloses that the cross tape 200 may be attached to the upper surface 110, the lower surface 120 or both, and it is preferable to be attached to both the upper surface 110 and the lower surface 120 of the electrode assembly, as well as teaching the number of the fixing members is not limited and may be one or more (Kim, Paragraph [16-17]). Kim et al. also discloses the plurality of fixing members may be formed to be symmetrical with respect to each other (Kim, Paragraph [17]) and a specific example where a fixing member comprising a connector configured to couple a portion of an upper portion of the first outer surface, a portion of the upper end, the first inner surface, a portion of the lower end, and a portion of a lower portion of the first outer surface (Kim, Figure 4). Further, providing as many fixing members as necessary to properly secure the electrode assembly would be at the discretion of the skilled artisan in view of Kim. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the current invention to provide additional fixing members to couple additional surfaces as doing so would be obvious to try and as doing so would amount to nothing more than choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success.
Claims 10-12 and 17-18, are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 20190355994 A1), hereinafter “Lee”, in view of Kim et al. (KR 20130105382 A – Machine Translation), hereinafter “Kim”. Lee and Kim et al. are analogous prior art to the claimed invention because they pertain to the same field of endeavor, namely wound battery assembly.
In regard to Claim 10, Lee et al. discloses a battery, wherein the battery includes: a pouch (Lee, Abstract, Paragraph [0072]). Lee et al. also an electrode assembly which is included in the pouch and which comprises a positive electrode plate disposed on an outermost side, a first separation membrane disposed on an inner side of the positive electrode plate, a negative electrode plate disposed on an inner side of the first separation membrane, and a second separation membrane disposed on an inner side of the negative electrode plate, wherein the electrode assembly is stacked and wound in the pouch (Lee, Paragraph [0114], Figure 5).
Further, Lee et al. discloses wherein the positive electrode plate includes a first outer surface oriented in a first direction, and a second outer surface oriented in a second direction opposite to the first direction, wherein the electrode assembly includes an upper end oriented in an upward direction and a lower end oriented in a direction opposite to the upward direction, wherein the second separation membrane includes a first inner surface adjacent and/or proximate to the first outer surface in a vicinity of a central portion of the electrode assembly and a second inner surface adjacent and/or proximate to the second outer surface in the vicinity of the central portion (Lee, Figure 5, Paragraph (114)).
While Lee et al. discloses a first, second and third fixing member comprising a connector, it fails to explicitly disclose a fourth fixing member. Kim et al. discloses a plurality of fixing members wherein the number of the cross tapes (fixing members) are not limited and may be one or more (Kim, Paragraph [16-17]). Kim et al. discloses a first fixing member configured to couple a first portion of an upper portion of the first inner surface, a first portion of the upper end, and a first portion of an upper portion of the first outer surface (Kim, Paragraph [0013], Figure 3 (200)). Kim et al. teaches the benefit of the cross tape 200 extending from the center 111 of the electrode assembly to the outer circumferential surface 112 as being capable of maintaining the tension of the electrode assembly from the center to the outer circumferential surface on a horizontal plane (Kim, Paragraph [0013]).
Next, Kim et al. discloses a second fixing member configured to couple a first portion of a lower portion of the first inner surface, a first portion of the lower end, and a first portion of a lower portion of the first outer surface (Kim, Paragraph [0013], Figure 4 (200)). Kim et al. also discloses that the cross tape 200 may be attached to the upper surface 110, the lower surface 120 or both, and it is preferable to be attached to both the upper surface 110 and the lower surface 120 of the electrode assembly as well as teaching the number of the cross tapes 200 is not limited and may be one or more (Kim, Paragraph [16-17]). Kim et al. teaches the benefit of a plurality of cross tapes 200 extending from the center 111 of the electrode assembly to the outer circumferential surface 112 on both top and bottom in order to maintain the tension of the electrode assembly from the center to the outer circumferential surface on a horizontal plane (Kim, Paragraph [13, 16-17]).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the current invention to provide a fixing member that is configured to couple a portion of an upper or lower portion of the inner surface, a portion of the upper or lower end, and a portion of an upper or lower portion of the outer surface as disclosed in Kim et al. with the electrode assembly disclosed in Lee et al. as doing so would give the skilled artisan the reasonable expectation to achieve the benefit of maintaining the tension of the electrode assembly from the center to the outer circumferential surface as taught in Kim et al and as doing so would amount to nothing more than a variation of fixing members for use in the same field based on design incentives or other market forces, as the variations are predictable to one of ordinary skill in the art.
Further, Lee et al. discloses a third fixing member configured to couple a second portion of the lower portion of the first outer surface, a second portion of the lower end, and a first portion of a lower portion of the second outer surface (Lee, Figure 11 (572)). Lee et al. also discloses a fourth fixing member configured to couple a second portion of the upper portion of the first outer surface, a second portion of the upper end, and a first portion of an upper portion of the second outer surface (Lee, Figure 11 (571)). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the current invention to provide a first and second fixing member as disclosed in Kim et al. with a third and fourth fixing member as disclosed in Lee et al. as doing so would give the skilled artisan the reasonable expectations of achieving the benefits taught in Kim et al. and as doing so would amount to nothing more than applying a known technique to a known device (method, or product) ready for improvement to yield predictable results.
In regard to Claim 11, Lee et al. in view of Kim et al. discloses the battery of claim 10. Lee also discloses wherein a positive electrode tab is connected to the positive electrode disposed in the central portion, a negative electrode tab is connected to the negative electrode disposed in the central portion, and the positive electrode tab and the negative electrode tab are spaced apart from each other (Lee, Figure 5 [515, 525]). Thus, the skilled artisan would find it obvious to provide positive and negative electrode tabs in such a configuration, as doing so would be nothing more than the use of known technique to improve similar devices (methods, or products) in the same way.
In regard to Claim 12, Lee et al. in view of Kim et al. discloses the battery of claim 10. Given the electrode assembly configuration disclosed by Lee et al. the first and second inner surfaces are by definition, a portion of the second separation membrane (Lee, Figure 5 [531,533] and Paragraph [0103]). Thus, the skilled artisan would find it obvious to assemble the electrode assembly according to known methods to yield predictable results.
In regard to Claim 17, Lee et al. in view of Kim et al. discloses the battery of claim 10. Lee et al. discloses at least one fixing member comprising a connector configured to couple a portion of an upper portion of the second outer surface and a portion of the upper end and a second fixing member configured to couple a portion of the lower end, and a portion of a lower portion of the second outer surface but fails to explicitly disclose a fifth fixing member configured to couple a second portion of the upper portion of the second outer surface, a third portion of the upper end, the second inner surface, a third portion of the lower end, and a second portion of the lower portion of the second outer surface.
Kim et al. discloses that the cross tape 200 (fixing member) may be attached to the upper surface 110, the lower surface 120 or both, and it is preferable to be attached to both the upper surface 110 and the lower surface 120 of the electrode assembly, as well as teaching the number of the fixing members is not limited and may be one or more (Kim, Paragraph [16-17]). Kim et al. also discloses a specific example where a fixing member comprising a connector configured to couple a second portion of the upper portion of the second outer surface, a third portion of the upper end, the second inner surface, a third portion of the lower end, and a second portion of the lower portion of the second outer surface (Kim, Figure 4). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the current invention to provide as many fixing members as necessary to properly secure the electrode assembly and would be at the discretion of the skilled artisan. Thus, providing additional fixing members to couple additional surfaces would amount to nothing more than the use of known technique to improve similar devices (methods, or products) in the same way.
In regard to Claim 18, Lee et al. in view of Kim et al. discloses the electronic device of claim 10. Lee et al. discloses at least one fixing member comprising a connector configured to couple a portion of an upper portion of the first outer surface and a portion of the upper end and a second fixing member configured to couple a portion of the lower end, and a portion of a lower portion of the first outer surface but fails to explicitly disclose a sixth fixing member configured to couple a second portion of the upper portion of the first outer surface, a fourth portion of the upper end, the first inner surface, a fourth portion of the lower end, and a third portion of the lower portion of the first outer surface.
Kim et al. discloses that the cross tape 200 may be attached to the upper surface 110, the lower surface 120 or both, and it is preferable to be attached to both the upper surface 110 and the lower surface 120 of the electrode assembly, as well as teaching the number of the fixing members is not limited and may be one or more (Kim, Paragraph [16-17]). Kim et al. also discloses the plurality of fixing members may be formed to be symmetrical with respect to each other (Kim, Paragraph [17]) and a specific example where a fixing member comprising a connector configured to couple a portion of an upper portion of the first outer surface, a portion of the upper end, the first inner surface, a portion of the lower end, and a portion of a lower portion of the first outer surface (Kim, Figure 4). Further, providing as many fixing members as necessary to properly secure the electrode assembly would be at the discretion of the skilled artisan in view of Kim. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the current invention to provide additional fixing members to couple additional surfaces as doing so would be obvious to try and as doing so would amount to nothing more than choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success.
Response to Arguments
Applicant's arguments filed 09/03/2025 have been fully considered but they are not persuasive. In regard to applicant’s arguments with respect to Claim 1, applicant's arguments about the third and fourth fixing member not being taught fails to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. Further, as recited above in the 35 USC 103 rejection the combination of Lee and Kim et al. teach all four fixing members and specifically, Lee et al. discloses a fixing member that functions as the third fixing member configured to couple a second portion of the lower portion of the first outer surface, a second portion of the lower end, and a first portion of a lower portion of the second outer surface (Lee, Figure 11 (572)). Lee et al. also discloses a fixing member that functions as the fourth fixing member configured to couple a second portion of the upper portion of the first outer surface, a second portion of the upper end, and a first portion of an upper portion of the second outer surface (Lee, Figure 11 (571)). Lastly, Applicant's arguments do not comply with 37 CFR 1.111(c) because they do not clearly point out the patentable novelty which he or she thinks the claims present in view of the state of the art disclosed by the references cited or the objections made. In response to the claim amendments for Claims 1, 8-10, and 17-18, the 35 USC 103 rejections above have been adjusted to provide clarity and describe how each of the limitations are met by the prior art of record. Finally, the arguments do not show how the amendments avoid such references or objections.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Ichinohashi et al. (US 20200395579 A1) discloses a plurality of fixing tapes on the upper and lower surfaces.
THIS ACTION IS MADE FINAL. 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.
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/K.M.O./Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/Supervisory Patent Examiner, Art Unit 1725