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 Status
A review of the Notice of Allowance mailed 11/13/2025 found that claims 1, 4-11, and 14-20 are unpatentable due to issues relating to 35 U.S.C. 112(a). A Notice of Withdrawal from issue was mailed 06/09/2026. Therefore, a Non-Final Rejection has been set forth below. The Office apologizes for the inconvenience.
Claim Interpretation
Claims 8 and 18 recite “wherein the first blank region is located in the middle of the current collector”.
Applicant’s specification states “As shown in FIG. 3A, in this example, the first blank region 112 is located in the middle of the current collector 11” (P52).
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Applicant’s Fig. 3A
Given that the neither the claim or specification define “the middle” of the current collector by a distance in a width/length direction or as a distance from an edge (such as “the middle” being a region equidistant from two edges of the current collector), the broadest reasonable interpretation of “the middle” is being used.
Therefore, the Examiner is interpreting “wherein the first blank region is located in the middle of the current collector” as the first blank region being located in between an edge or boundary of the current collector.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 4-11, and 14-20 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 and 11 recite the limitation “the first blank region comprises two sides in a direction perpendicular to the second side, a fourth side is one of the two sides of the first blank region closest to the first side, and a minimum distance D2 mm between the fourth side and the second side is less than D1”. This limitation is not part of the originally filed claims. It was added in the amendments filed on 07/23/2025.
In the Remarks filed on 07/23/2025, Applicant states that the support for this amendment is provided in [0095] of US publication of the instant application, which refers to the embodiment of Fig. 12. The Examiner has provided Applicant’s Fig. 12 below.
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However, the embodiment of Fig. 12 does not provide any support for the limitation “the first blank region comprises two sides in a direction perpendicular to the second side, a fourth side is one of the two sides of the first blank region closest to the first side, and a minimum distance D2 mm between the fourth side and the second side is less than D1”.
The fourth side 117 is not in a direction perpendicular to the second side 114. No other embodiments within the instant application provide support for this limitation.
Claims 4-10 and 14-20 are rejected for being dependent from claims 1 and 11 respectively.
Claim Analysis
Due to the amendments on 07/23/2025 adding the limitation “the first blank region comprises two sides in a direction perpendicular to the second side, a fourth side is one of the two sides of the first blank region closest to the first side, and a minimum distance D2 mm between the fourth side and the second side is less than D1”, and this limitation not being supported by Applicant’s disclosure:
The Examiner utilizing the prior art as set forth in the Non-Final Rejection mailed 04/24/2025 wherein the claims did not include the non-supported amendments, and updating the rejections to reflect the amended claims and their supported limitations.
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, 5, and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen et al (CN209150236U as provided in the 09/28/2022 IDS, using the previously provided machine English translation from Espacenet).
Regarding claim 1, Chen discloses an electrochemical apparatus (lithium-ion battery, P29), comprising:
a first electrode plate (positive electrode sheet, P30) and a first tab (positive electrode tab 3 in Figs. 1-6, P29), wherein the first electrode plate comprises a current collector (positive electrode current collector 1 in Fig. 3, P30) and an active material layer disposed on the current collector (positive electrode active material 2 in Fig. 3, P30);
wherein the current collector comprises a first surface, a first side and a second side opposite to the first side; the first surface is provided with a first blank region (positive electrode blank area 12 in Figs. 1 and 3, P31) and the first tab is electrically connected to the first blank region and protrudes from the first side (see annotated Fig. 3 provided below, P11, 31, the tab is welded to the first blank region, therefore, electrically connected to the first blank region); and
a first tab adhesive is provided on the first tab, wherein the first tab adhesive comprises a first adhesive layer, and the first adhesive layer comprises a third side facing toward the second side (protective glue 7 in Figs. 1-3, P35; see also the annotated Fig. below);
wherein a minimum distance D1 mm between the third side and the second side and a distance W mm between the first side and the second side satisfy D1<W (as seen in annotated Fig. 1 below, the distance between the third side and second side is less than the distance between the first side and second side; note: while Fig. 1 has been annotated to show the claimed limitations, Fig. 2 can also be used to show the claimed limitations).
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Annotated Chen Fig. 1
Regarding claim 5, Chen discloses wherein a direction from the second side to the first side is a first direction; and in the first direction, the first adhesive layer comprises a first portion and a second portion connected to the first portion; wherein the third side is located in the first portion and a length of the first portion is less than that of the second portion (see the annotated Fig. below; the length of the first portion in the first direction is less than the length of the second portion in the first direction).
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Annotated Chen Fig. 1
Regarding claim 7, Chen discloses wherein the current collector further comprises a second surface opposite to the first surface, and the second surface comprises a second blank region, with a projection of the first tab on the second surface being located inside the second blank region (see the annotated Fig. provided below); and
the first tab adhesive comprises a second adhesive layer connected to the first adhesive layer (Fig. 3 shows a cross section of the positive electrode sheet and shows adhesive 7 (the lower adhesive being erroneously denoted as reference numeral 3) on the first and second surface of the blank sections 12 of the current collector 1; P35 of Chen states the adhesive is provided on the tabs and the positive electrode blank area 12 where no tab is disclosed; one of ordinary skill in the art would recognize that both adhesive layers are physically disconnected through the current collector, but then connected at the area wherein the adhesive and tab extend outside of the current collector/first blank area to adhere to the first tab)
the first tab is located between the first adhesive layer and the second adhesive layer (see the annotated Fig. provided below), and
the second adhesive layer comprises a fifth side facing toward the second side; wherein a minimum distance D3 mm between the fifth side and the second side is less than W (given the adhesive layers are not disclosed by Chen in text or figures to be of different shapes, one of ordinary skill in the art would believe the fifth side of the second adhesive layer to be analogous/comparable to the third side of the first adhesive layer. Therefore, just as the distance between the third side and second side is less than the distance between the first side and the second side, the distance between the fifth side and second side would be less than the distance between the first side and second side).
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Annotated Chen Fig. 3
Regarding claim 8, Chen discloses wherein the first blank region is located in the middle of the current collector (P31, see Figs. 1-3).
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.
Claims 4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (CN209150236U as provided in the 09/28/2022 IDS, using the previously provided machine English translation from Espacenet) as applied to claims 1 and 5 respectively.
Regarding claim 4, Chen discloses wherein the first tab adhesive/first adhesive layer is used to protect the blank area alongside the tab (P16). Therefore, while Chen is silent to the minimum distance between the third side and second side, it would have been obvious to change the form/shape of the first adhesive layer to extend over / cover the first blank region such that it meets the claimed limitation of wherein D1<W-0.2, in order to, for example, provide protection to a greater length/amount of the first blank region, because the change in form or shape, without any new or unexpected results, is an obvious engineering design. See In re Dailey, 149 USPQ 47 (CCPA 1976) (see MPEP § 2144.04). Furthermore, a change in proportion or relative dimension is obvious in the absence of unexpected results. In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Regarding claim 6, while Chen does not disclose wherein an edge of the first portion is provided with a concave-convex structure, this is merely changing the form/shape of the first portion. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have changed the form/shape of the first portion of Chen as claimed, in order to, for example, reduce the amount of material used for the first tab adhesive (therefore reducing the cost) while still providing the necessary adhesion to the electrode tab, because the change in form or shape, without any new or unexpected results, is an obvious engineering design. See In re Dailey, 149 USPQ 47 (CCPA 1976) (see MPEP § 2144.04).
Claims 11 and 14-18 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (CN209150236U as provided in the 09/28/2022 IDS, using the previously provided machine English translation from Espacenet).
Regarding claim 11, Chen discloses an electrochemical apparatus (lithium-ion battery, P29), comprising:
a first electrode plate (positive electrode sheet, P30) and a first tab (positive electrode tab 3 in Figs. 1-6, P29), wherein the first electrode plate comprises a current collector (positive electrode current collector 1 in Fig. 3, P30) and an active material layer disposed on the current collector (positive electrode active material 2 in Fig. 3, P30);
wherein the current collector comprises a first surface, a first side and a second side opposite to the first side; the first surface is provided with a first blank region (positive electrode blank area 12 in Figs. 1 and 3, P31) and the first tab is electrically connected to the first blank region and protrudes from the first side (see annotated Fig. 3 provided below, P11, 31, the tab is welded to the first blank region, therefore, electrically connected to the first blank region); and
a first tab adhesive is provided on the first tab, wherein the first tab adhesive comprises a first adhesive layer, and the first adhesive layer comprises a third side facing toward the second side (protective glue 7 in Figs. 1-3, P35; see also the annotated Fig. below);
wherein a minimum distance D1 mm between the third side and the second side and a distance W mm between the first side and the second side satisfy D1<W (as seen in annotated Fig. 1 below, the distance between the third side and second side is less than the distance between the first side and second side; note: while Fig. 1 has been annotated to show the claimed limitations, Fig. 2 can also be used to show the claimed limitations).
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Annotated Chen Fig. 1
Chen discloses electrochemical apparatuses (lithium-ion batteries) have become a power source for new energy electric vehicles due to their advantages such as high energy density, long cycle life, wide operating temperatures, and no memory effect (P4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have chosen to use the electrochemical apparatus of Chen within an electronic apparatus such as a vehicle, given Chen teaches electrochemical apparatuses (lithium-ion batteries) have become a power source for new energy electric vehicles due to their advantages such as high energy density, long cycle life, wide operating temperatures, and no memory effect.
Regarding claim 14, Chen discloses wherein the first tab adhesive/first adhesive layer is used to protect the blank area alongside the tab (P16). Therefore, while Chen is silent to the minimum distance between the third side and second side, it would have been obvious to change the form/shape of the first adhesive layer to extend over / cover the first blank region such that it meets the claimed limitation of wherein D1<W-0.2, in order to, for example, provide protection to a greater length/amount of the first blank region, because the change in form or shape, without any new or unexpected results, is an obvious engineering design. See In re Dailey, 149 USPQ 47 (CCPA 1976) (see MPEP § 2144.04). Furthermore, a change in proportion or relative dimension is obvious in the absence of unexpected results. In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Regarding claim 15, Chen discloses wherein a direction from the second side to the first side is a first direction; and in the first direction, the first adhesive layer comprises a first portion and a second portion connected to the first portion; wherein the third side is located in the first portion and a length of the first portion is less than that of the second portion (see the annotated Fig. below; the length of the first portion in the first direction is less than the length of the second portion in the first direction).
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Annotated Chen Fig. 1
Regarding claim 16, while Chen does not disclose wherein an edge of the first portion is provided with a concave-convex structure, this is merely changing the form/shape of the first portion. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have changed the form/shape of the first portion of Chen as claimed, in order to, for example, reduce the amount of material used for the first tab adhesive (therefore reducing the cost) while still providing the necessary adhesion to the electrode tab, because the change in form or shape, without any new or unexpected results, is an obvious engineering design. See In re Dailey, 149 USPQ 47 (CCPA 1976) (see MPEP § 2144.04).
Regarding claim 17, Chen discloses wherein the current collector further comprises a second surface opposite to the first surface, and the second surface comprises a second blank region, with a projection of the first tab on the second surface being located inside the second blank region (see the annotated Fig. provided below); and
the first tab adhesive comprises a second adhesive layer connected to the first adhesive layer (Fig. 3 shows a cross section of the positive electrode sheet and shows adhesive 7 (the lower adhesive being erroneously denoted as reference numeral 3) on the first and second surface of the blank sections 12 of the current collector 1; P35 of Chen states the adhesive is provided on the tabs and the positive electrode blank area 12 where no tab is disclosed; one of ordinary skill in the art would recognize that both adhesive layers are physically disconnected through the current collector, but then connected at the area wherein the adhesive and tab extend outside of the current collector/first blank area to adhere to the first tab)
the first tab is located between the first adhesive layer and the second adhesive layer (see the annotated Fig. provided below), and
the second adhesive layer comprises a fifth side facing toward the second side; wherein a minimum distance D3 mm between the fifth side and the second side is less than W (given the adhesive layers are not disclosed by Chen in text or figures to be of different shapes, one of ordinary skill in the art would believe the fifth side of the second adhesive layer to be analogous/comparable to the third side of the first adhesive layer. Therefore, just as the distance between the third side and second side is less than the distance between the first side and the second side, the distance between the fifth side and second side would be less than the distance between the first side and second side).
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Annotated Chen Fig. 3
Regarding claim 18, Chen discloses wherein the first blank region is located in the middle of the current collector (P31, see Figs. 1-3).
Claims 9 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (CN209150236U as provided in the 09/28/2022 IDS, using the previously provided machine English translation from Espacenet) as applied to claims 1 and 11 respectively, further in view of Ahn et al (US 20130059183 A1).
Regarding claims 9 and 19, Chen / modified Chen does not meet the limitation wherein the electrochemical apparatus further comprises a second tab, the first surface is further provided with a third blank region, and the second tab is electrically connected to the third blank region and protrudes from the first side; and a second tab adhesive is provided on the second tab, wherein the second tab adhesive comprises a third adhesive layer, and the third adhesive layer comprises a sixth side facing toward the second side; wherein a minimum distance D4 mm between the sixth side and the second side is less than W.
In a similar field of endeavor, Ahn teaches a plurality of positive electrode tabs can be used in place of a single positive electrode tab in order to distribute the local resistance of a positive electrode plate (P82).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Ahn and duplicated the first tab, first blank region, and first tab adhesive including the first adhesive layer of Chen / modified Chen such that the electrochemical apparatus further comprises a second tab on the first surface of the current collector, given Ahn teaches this can distribute the local resistance of a positive electrode plate (current collector) and the mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04).
Given that the second tab is a duplication of the first tab, the first surface would be provided with a third blank region (analogous to the first blank region) wherein the second tab is electrically connected to the third blank region and would protrude from the first side. The second tab would also have a second tab adhesive (analogous to the first tab adhesive) is provided thereon, wherein the second tab adhesive comprises a third adhesive layer (analogous to the first adhesive layer), and the third adhesive layer comprises a sixth side facing toward the second side (analogous to the third side); wherein a minimum distance D4 mm between the sixth side and the second side is less than W (given the sixth side is a duplication of the third side).
Claims 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al (CN209150236U as provided in the 09/28/2022 IDS, using the previously provided machine English translation from Espacenet) as applied to claims 1 and 11, further in view of Makino et al (US 20120121965 A1).
Regarding claims 10 and 20, Chen discloses the electrochemical apparatus includes the first electrode plate (positive electrode) stacked with a second electrode plate (negative electrode) having a separator arranged in-between (P8).
However, Chen/modified does not meet the limitation wherein the electrochemical apparatus further comprises a housing, the first tab adhesive is connected to the housing, the first tab extends out of the housing through the first tab adhesive, and the first tab adhesive comprises at least one of polyethylene, polypropylene, polyimide, or polyethyleneglycol terephthalate.
In a similar field of endeavor, Makino teaches a secondary battery (1 in Figs. 1A-D) including positive electrodes and negative electrodes laminated alternately with separators interposed therebetween packaged within a housing (exterior material 3 in Fig. 1A; P58-59). Makino teaches the positive electrode tab (7 in Figs. 1A-1D) is connected to the positive electrode current collector exposed portion (4C in Fig. 1D, P59). Makino teaches the housing provides water-proofing and insulation to the electrodes and separators (P127).
Makino teaches the positive electrode tab can be thermally welded with the housing through a sealant (10 in Figs. 6A-6D, P99). Makino teaches the sealant can be an acid-modified polypropylene (P115). Makino teaches the sealant is provided for improving adhesiveness between the positive electrode tab and the housing, and for preventing the penetration of external air, moisture, or the like (P115).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Makino and Chen / modified Chen such that the electrochemical apparatus includes a housing that accommodates the first electrode plate (positive electrode), second electrode plate (negative electrode), and separator, such as the housing taught by Makino, given Makino teaches it can accommodate the electrodes alongside the separator in a battery to provide insulation and protection.
Further, given Makino teaches the positive electrode tab extends to the outside of the housing through a sealant, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first tab adhesive to be made of acid-modified polypropylene to provide the first tab with adhesion not just the current collector, but also to the housing so external air and moisture is unable to penetrate.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mary Byram whose telephone number is (571)272-0690. The examiner can normally be reached M-F 8 am-5 pm EST.
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/MARY GRACE BYRAM/Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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