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 .
Summary
The Applicant’s arguments and claim amendments received January 9, 2026 have been entered into the file. Currently, claim 1 is amended, resulting in claims 1-12 pending for examination.
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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 6-8, and 10-12 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Jung, et al. (US 2024/0088496 A1).
Regarding claims 1, 8, and 10-11, Jung teaches a secondary battery including an electrode assembly in which one or more electrodes and separation membranes are alternately stacked (¶ [0010], Ln. 1-4). Jung further teaches that the electrodes are positive and negative electrodes, indicating that the alternating electrodes are coated with a first active material and a second active material (¶ [0066], Ln. 1-5). The electrode assembly is accommodated in a battery case, which includes an upper end and lower end sealed to each other at a sealing portion, as shown in Figure 3 (¶ [0010], Ln. 4-5; Fig. 3). Positive and negative electrode tabs (30; first base material tabs and second base material tabs) extend from the positive and negative electrodes, respectively (¶ [0067], Ln. 1-3). The electrode tabs are welded to electrode leads (40; first lead tab and second lead tab) which extend through the sealing portion of the pouch to connect with an external object (¶ [0068], Ln. 1-3; Fig. 4). As shown in Figures 3 and 4, the plurality of electrode tabs (30; first base material tabs and second base material tabs) are gathered at one end of the electrode assembly in a thickness direction and coupled to each other. Figure 4 also shows the end of the gathered electrode tabs (30; first base material tabs and second base material tabs) coupled to the electrode lead (40; first lead tab and second lead tab) at the boundary where the upper end and lower end of the case are coupled to each other.
Jung teaches that the secondary battery further includes a multilayer conductive tape (10; insulating tape), including an adhesive layer, electrically conductive layer, insulating layer, and protective layer (¶ [0033], Ln. 1-3). The multilayer conductive tape is attached to the portion where the electrode tab and electrode lead are welded (insulating tape covers an area at which the plurality of first and second base material tabs are coupled to the first and second lead tab) (¶ [0041], Ln. 1-3). Additionally, as shown in Figure 4, the multilayer conductive tape is at the boundary where the upper end and lower end of the case are coupled to each other.
Regarding claims 6-7, Jung teaches all of the limitations of claim 1 above and further teaches that the electrode tabs (30; first base material tabs and second base material tabs) extend in a direction perpendicular to the thickness direction of the electrode assembly and are gathered and coupled to each other without being bent in the thickness direction of the electrode assembly to overlap itself in a horizontal direction of the electrode assembly, as shown in Figure 4.
Regarding claim 12, Jung teaches all of the limitations of claim 11 above, and further teaches that the lower end of the case has an accommodation groove with a height corresponding to the height at which the electrode tabs (30; first base material tabs and second base material tabs) are arranged with respect to the electrode assembly, as shown in Figure 4.
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.
Claims 2 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Jung, et al. (US 2024/0088496 A1) as applied to claim 1 above.
Regarding claim 2, Jung teaches all of the limitations of claim 1 above and further teaches that the positive and negative electrode tabs (30; first base material tabs and second base material tabs) are gathered at a same position in a width direction, as shown in Figure 3. Jung does not expressly teach that the electrode tabs are gathered at an upper end of the electrode assembly in the thickness direction.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the electrode assembly of Jung to gather the positive and negative electrode tabs at an upper end of the electrode assembly in the thickness direction. One of ordinary skill in the art would recognize that the electrode leads may be welded to the gathered electrode tabs at any position along the thickness direction, such that the tabs are all gathered at the same position along the thickness direction. One of ordinary skill in the art would be motivated to choose a position on the upper end of the electrode assembly so that the electrode lead protrudes at a position on the upper end of the electrode assembly to prevent bending of electrode lead. The change in shape is a choice one of ordinary skill in the art would consider obvious (MPEP 2144.04(IV)(B)).
Regarding claim 9, Jung teaches all of the limitations of claim 8 above and further teaches that the electrode tab ends are overlapped with the electrode lead and welded (¶ [0012], Ln. 1-9).
It is acknowledged that Jung teaches that the positive and negative electrode tabs are connected to electrode leads by welding with overlap (¶ [0012], Ln. 1-9), which indicates that they are not connected by butt welding. However, it would be obvious to one of ordinary skill in the art to use butt welding for the connection. The connection taught by Jung serves the same purpose as the butt welding claimed in the instant application; to couple the positive and negative electrode tabs to the electrode leads. One of ordinary skill in the art would recognize that an equivalent process may be used to serve the same purpose. Butt joints and lap joints (overlapping portion) are common welding joints and it would be obvious to substitute one for the other, in this case, to substitute butt welding for the welding taught by Jung. See MPEP 2144.06 (II).
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Jung, et al. (US 2024/0088496 A1) as applied to claim 1 above, and further in view of Li, et al. (US 2022/0320646 A1).
Regarding claims 3-4, Jung teaches all of the limitations of claim 1 above. Jung does not expressly teach that the distance by which each of the positive and negative electrode tabs protrudes from the electrode assembly is 1.7 mm or less.
Li teaches a battery cell (100) including an electrode assembly (10), packaging bag (20), first tab (30), and insulation layer (40) (¶ [0047], Ln. 1-4). The electrode assembly (10) includes a first electrode plate (101), a separator (102), and a second electrode plate (103) stacked in sequence (¶ [0047], Ln. 5-8; Fig. 1). Li further teaches that the first tab (30) includes a plurality of first tab units (301s) which are connected to the first electrode plates (101) separately (¶ [0070], Ln. 3-5; Fig. 4). Figure 4 shows the first tab units (301s) as protruding from the electrode plates (101). Li teaches that the second tab (70) is connected to the second electrode plate (103) and has the same structure as the first tab (30) (¶ [0074], Ln. 1-4). Li further teaches that the length in which the first tab (30) extends beyond the first electrode plate (101) is denoted L, and L is within 0.5 mm and 8 mm, and within 0.6 mm and 3 mm in some embodiments, and more specifically within 1.5 mm and 3 mm in some embodiments (¶ [0084], Ln. 1-6). Li teaches that the length may vary with the preparation technique in the process of preparing the battery cell, such that if the external part occupies a small space, the length of the free end may be decreased (¶ [0085], Ln. 1-8).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the distance by which each of the positive and negative electrode tabs protrudes from the electrode assembly of Jung to be within 0.5 mm and 8 mm, or more specifically within 1.5 mm and 3 mm, based on the teachings Li. One of ordinary skill in the art would recognize that the length would be modified based on the battery cell. For an external device that occupies a small space, the length would be minimized, and one of ordinary skill in the art would be motivated to select a length on the low end of the range, such as 1.5 mm. In the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Regarding claim 5, Jung teaches all of the limitations of claim 1 above. Jung does not expressly teach that the electrode assembly has a thickness of 5 mm or less.
Li teaches that the battery cell of the embodiment is an ultra-thin cell, wherein the thickness of the electrode assembly is less than 3 mm (¶ [0049], Ln. 1-8). Ultra-thin cells are commonly used for very small electronics, as they do not take up much space in a device.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the electrode assembly of Jung to be less than 3 mm, such that it is an ultra-thin cell, based on the teachings of Li. Li teaches a similar electrode assembly and battery cell structure. One of ordinary skill in the art would be motivated to make the electrode assembly less than 3 mm, as taught by Li, in order to use the battery in applications for very small electronics.
Claims 1-2 and 6-12 are rejected under 35 U.S.C. 103 as being unpatentable over Ahn (US 2012/0052372 A1) in view of Jung, et al. (US 2024/0088496 A1).
Regarding claims 1, 8, and 10-11, Ahn teaches a secondary battery including an electrode assembly (10) formed by sequentially depositing a plurality of positive plates, a plurality of negative plates, and a plurality of separators disposed therebetween, the positive plates and negative plates having active materials applied thereto (¶ [0035], Ln. 1-5). Ahn teaches that the assembly is accommodated in a case (20; pouch) which is made up of an accommodating part (20a; lower end) and a cover (20b; upper end), and is sealed along the edges (sealing portion) (¶ [0053], Ln. 3-6). Each positive plate (11) has a positive tab (11a; first base material tab) extending from one end and each negative plate (13) has a negative tab (13a; second base material tab) extending from one end in the same direction as the positive tab, and the positive tabs and negative tabs are bound by welding (¶ [0035], Ln. 6-13). Figures 2 and 4 show the positive tabs gathered at the upper end of the electrode assembly in the thickness direction and coupled to each other and the negative tabs gathered at the upper end of the electrode assembly in the thickness direction and coupled to each other. Ahn further teaches that lead tabs (11b and 13b; first lead tab and second lead tab) are connected to the positive tabs (11a; first base material tabs) and negative tabs (13a; second base material tabs), respectively (¶ [0052], Ln. 1-4). One end portion of the positive lead tab (11b; first lead tab) is connected to the positive tabs (11a; first base material tabs) and the other end portion of the positive lead tab (11b; first lead tab) is exposed to the outside of the case (20; pouch). Similarly, one end portion of the negative lead tab (13b; second lead tab) is connected to the negative tabs (13a; second base material tabs) and the other end portion of the negative lead tab (13b; second lead tab) is exposed to the outside of the case (20; pouch) (¶ [0052], Ln. 4-9). Ahn also teaches an insulating film (31 and 32; insulating tape) attached to a portion of the positive lead tab (11b) and a portion of the negative lead tab (13b) (¶ [0054], Ln. 1-3). The insulating films are located at a portion in contact with the sealing part of the case (boundary where the upper end and lower end of the pouch are coupled to each other) (¶ [0054], Ln. 1-4). Ahn does not expressly teach that the lead tabs (11b and 13b) are connected to the end of the of the positive tabs (11a; first base material tabs) and negative tabs (13a; second base material tabs) at a boundary where the accommodating part (20a; lower end) and cover (20b; upper end) are sealed.
Jung teaches a secondary battery including an electrode assembly accommodated in a battery case, an electrode tab protruding from the electrode assembly, an electrode lead connected to the electrode tab and partially protruding to the outside of the battery case, and a multilayer conductive tape (¶ [0010], Ln. 1-9). Jung teaches that the multilayer conductive tape (10) is attached to the portion where the electrode tab (30) and electrode lead (40) are welded (¶ [0041], Ln. 1-3), and further teaches that the multilayer conductive tape is located where the battery case is sealed (Fig. 4). As shown in Figure 4, the weld between the electrode tabs (30) and electrode lead (40), and the multilayer conductive tape (10) are both located at the boundary where the battery case sides are coupled together. Jung teaches that the insulating layer of the multilayer conductive tape increases the insulation efficiency between the battery case and the electrode tab and lead, and also protects the welded portion of the electrode tab and electrode lead (¶ [0064], Ln. 1-4, ¶ [0065], Ln. 1-4).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the electrode assembly of Ahn such that the portion where the lead tabs (11b and 13b) are welded to the end of the of the positive tabs (11a; first base material tabs) and negative tabs (13a; second base material tabs) is at a boundary where the accommodating part (20a; lower end) and cover (20b; upper end) are sealed and therefore covered by the insulating film, based on the teachings of Jung. One of ordinary skill in the art would recognize that the coupling portion, shown in Figure 3 of Ahn, could be shifted to be covered by the insulating film by either extending the tabs or by adjusting the length of the case such that the sealing part of the case aligns with the coupling portion. One of ordinary skill in the art would be motivated to shift the coupling portion to align with the sealing part of the case in order to better protect the welded portion of the electrode tab and electrode lead and to increase the insulation efficiency between the battery case and the electrode tab and lead.
Regarding claim 2, Ahn in view of Jung teaches all of the limitations of claim 1 above and Ahn further teaches that the plurality of positive tabs (11a) are at the same position in the width direction of the electrode assembly and are gathered at an upper end of the electrode assembly in the thickness direction, and that the plurality of negative tabs (13a) are at the same position in the width direction of the electrode assembly and are gathered at an upper end of the electrode assembly in the thickness direction, as shown in Figure 2.
Regarding claims 6-7, Ahn in view of Jung teaches all of the limitations of claim 1 above and Ahn further teaches that the plurality of positive and negative tabs extend in a direction perpendicular to the thickness direction of the electrode assembly and are gathered and coupled to each other without being bent in the thickness direction of the electrode assembly to overlap itself in a horizontal direction of the electrode assembly, as shown in Figure 4.
Regarding claim 9, Ahn in view of Jung teaches all of the limitations of claim 8 above and Ahn further teaches that the positive tabs (11a; first base material tabs) and negative tabs (13a; second base material tabs) are fused with the positive lead tab (11b; first lead tab) and the negative lead tab (13b; second lead tab), respectively, partly overlapping with each other (¶ [0052], Ln. 9-12).
It is acknowledged that Ahn teaches that the positive and negative tabs (11a and 13a; first and second base material tabs) are connected to the positive and negative lead tabs (11b and 13b; first and second lead tabs) by fusing with partial overlap (¶ [0052], Ln. 11-12), which indicates that they are not connected by butt welding. However, it would be obvious to one of ordinary skill in the art to use butt welding for the connection. The connection taught by Ahn serves the same purpose as the butt welding claimed in the instant application; to couple the positive and negative tabs (11a and 13a; first and second base material tabs) to the positive and negative lead tabs (11b and 13b; first and second lead tabs), respectively. One of ordinary skill in the art would recognize that an equivalent process may be used to serve the same purpose. Butt joints and lap joints (overlapping portion) are common welding joints and it would be obvious to substitute one for the other, in this case, to substitute butt welding for the fusion taught by Ahn. See MPEP 2144.06 (II).
Regarding claim 12, Ahn in view of Jung teaches all of the limitations of claim 11 above and Ahn further teaches that the accommodating part (20a) of the case concavely accommodates the electrode assembly (10) inside (¶ [0033], Ln. 1-4). As shown in Figures 2 and 4, the height of the concave part corresponds to the height at which each of the gathered positive and negative tabs are arranged.
Claims 3-5 are rejected under 35 U.S.C. 103 as being unpatentable over Ahn (US 2012/0052372 A1) in view of Jung, et al. (US 2024/0088496 A1) as applied to claim 1 above, and further in view of Li, et al. (US 2022/0320646 A1).
Regarding claims 3-4, Ahn in view of Jung teaches all of the limitations of claim 1 above. Ahn in view of Jung does not expressly teach that the distance by which each of the positive and negative tabs protrudes from the electrode assembly is 1.7 mm or less.
Li teaches a battery cell (100) including an electrode assembly (10), packaging bag (20), first tab (30), and insulation layer (40) (¶ [0047], Ln. 1-4). The electrode assembly (10) includes a first electrode plate (101), a separator (102), and a second electrode plate (103) stacked in sequence (¶ [0047], Ln. 5-8; Fig. 1). Li further teaches that the first tab (30) includes a plurality of first tab units (301s) which are connected to the first electrode plates (101) separately (¶ [0070], Ln. 3-5; Fig. 4). Figure 4 shows the first tab units (301s) as protruding from the electrode plates (101). Li teaches that the second tab (70) is connected to the second electrode plate (103) and has the same structure as the first tab (30) (¶ [0074], Ln. 1-4). Li further teaches that the length in which the first tab (30) extends beyond the first electrode plate (101) is denoted L, and L is within 0.5 mm and 8 mm, and within 0.6 mm and 3 mm in some embodiments, and more specifically within 1.5 mm and 3 mm in some embodiments (¶ [0084], Ln. 1-6). Li teaches that the length may vary with the preparation technique in the process of preparing the battery cell, such that if the external part occupies a small space, the length of the free end may be decreased (¶ [0085], Ln. 1-8).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the distance by which each of the positive and negative tabs protrudes from the electrode assembly of Ahn in view of Jung to be within 0.5 mm and 8 mm, or more specifically within 1.5 mm and 3 mm, as taught by Li. One of ordinary skill in the art would recognize that the length would be modified based on the battery cell. For an external device that occupies a small space, the length would be minimized, and one of ordinary skill in the art would be motivated to select a length on the low end of the range, such as 1.5 mm. In the case where the claimed ranges overlap or lie inside ranges disclosed by the prior art a prima facie case of obviousness exists. See MPEP 2144.05 (I).
Regarding claim 5, Ahn in view of Jung teaches all of the limitations of claim 1 above. Ahn in view of Jung does not expressly teach that the electrode assembly has a thickness of 5 mm or less.
Li teaches that the battery cell of the embodiment is an ultra-thin cell, wherein the thickness of the electrode assembly is less than 3 mm (¶ [0049], Ln. 1-8). Ultra-thin cells are commonly used for very small electronics, as they do not take up much space in a device.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the electrode assembly of Ahn in view of Jung to be less than 3 mm, such that it is an ultra-thin cell, based on the teachings of Li. Li teaches a similar electrode assembly and battery cell structure. One of ordinary skill in the art would be motivated to make the electrode assembly less than 3 mm, as taught by Li, in order to use the battery in applications for very small electronics.
Response to Arguments
Response-Claim Rejections – 35 U.S.C. 102 and 103
In light of the amendments to claim 1 to specify that the first lead tab is coupled to an end of the gathered plurality of first base material tabs at the boundary where the upper end and the lower end of the pouch are coupled, the previous rejection of claims 1-2, 6-8, and 10-12 under 35 U.S.C. 102(a)(1) and 102(a)(2) over Ahn (US 2012/0052372 A1) are withdrawn. However, upon further consideration, the reference is applicable under 35 U.S.C. 103 and used in combination with Jung, et al. (US 2024/0088496 A1) in the rejections above. Any arguments with respect to the reference that are still deemed valid will be addressed herein.
The Applicant argues, see page 8 of the remarks filed January 9, 2026, that if the connection between the grouped negative tabs (13a) and the negative lead tab (13b) of Ahn were moved to the boundary where the upper end and the lower end of the pouch are coupled to each other, there would not be any room for the complex compound (50) to form, and therefore one skilled in the art would not be motivated to modify the electrode assembly of Ahn to arrive at the embodiment of claim 1. This argument is not persuasive. While it is acknowledged that Ahn teaches including a nitrile compound in the insulating film, which forms a film that traps the elution of copper or nickel ions due to the formation of a complex compound (50) between the nitrile compound and the copper or nickel ions eluted from the negative tab exposure part, this film would still be able to form if the connection between the grouped negative tabs (13a) and the negative lead tab (13b) of Ahn were moved to the boundary where the upper end and the lower end of the pouch are coupled to each other. In looking to Figure 3 of Ahn, a modification to extend the negative tabs (13a) such that the negative lead tab (13b) is coupled to an end of the grouped negative tabs (13a) at a position covered by the underside of the insulating film (32) (the boundary where the accommodating part and cover are coupled) would not prevent the reaction between the nitrile compound in the insulating film and the copper or nickel ions eluted from the negative tab exposure part. Thus, one of ordinary skill in the art would find it obvious to adjust the position of the weld, including to a position aligned with the sealing portion of the accommodating part and cover.
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 SARAH J JACOBSON whose telephone number is (703)756-1647. The examiner can normally be reached Monday - Friday 8:00am - 5:00pm.
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/SARAH J JACOBSON/Examiner, Art Unit 1785
/MARK RUTHKOSKY/Supervisory Patent Examiner, Art Unit 1785