DETAILED ACTION
This Office Action is responsive to the January 21st, 2026 arguments and remarks (“Remarks”).
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 .
Response to Amendments
In response to the amendments received in the Remarks on January 21st, 2026:
Claims 1-9 and 11-13 are pending in the current application. Claims 1-5 and 11-13 are withdrawn. Claim 6-9 have been amended. Claim 10 has been cancelled.
The previous objection to the claims has been overcome in light of the amendment.
The cores of the previous prior art-based rejections have been overcome in light of the amendment. All changes made to the rejection are as necessitated by the amendment.
Response to Arguments
Applicant’s arguments filed with the Remarks on January 21st, 2026 with respect to claims 6-9 are based on the claims as amended. While Applicant’s arguments are acknowledged, they are found to be moot in view of the new grounds of rejection, presented below, as necessitated by Applicant’s amendments to the Claims.
Prior Art
Previously cited Levin US PG Publication 2020/0185668 (“Levin”)
Hong US PG Publication 2012/0219847 (“Hong”)
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office Action.
Claims 6-9 are rejected under 35 U.S.C. 103 as being unpatentable over Levin US PG Publication 2020/0185668 in view of Hong US PG Publication 2012/0219847.
Regarding Claim 6, Levin discloses an electrochemical cell (corresponding to the instantly claimed secondary battery) comprising an electrode assembly sealed within a pouch (Abstract, [0003], [0017]-[0019], entire disclosure relied upon) comprising:
a first seating part 100 (i.e. first portion 100 of the second recess 80 which is shaped and dimensioned to receive the second portion 36 of the electrode assembly 12) and a second seating part 102 (i.e. second portion 102 of the second recess 80 which is shaped and dimensioned to receive the third portion 38 of the electrode assembly 12) connected to each other (via the sheet 42) (Figs. 8-9, Annotated Fig. 9, [0061]-[0063]),
the first seating part 100 and the second seating part 102 are folded to cover top 22 (i.e. first major side) and bottom 34 (i.e. second major side) surfaces of the electrode assembly 12 (Figs. 7-8, [0058]) and sealed in a state in which the first seating part 100 and the second seating part 102 are in contact with each other (along seal line 110 and the sealed flange 120) (Figs. 10-12, [0076]-[0078]),
the first seating part 100 covering a first one of upper or lower portions of the electrode assembly 12 (as defined by the first major side 22 or the second major side 34), the upper and lower portions including the top 22 and bottom 34 surfaces, respectively (Figs. 7-8, [0058]), the second seating part 102 covering a second one of the upper or lower portions of the electrode assembly 12 (as defined by the major side 22 or the second major side 34) (Figs. 7-8, [0058]), the second seating part 102 having a first side thereof connected to a first side of the first seating part 100 (via the sheet 42) (Annotated Fig. 9, [0061]-[0063]); and
a sidewall 60 (i.e. first recess) having a first side 72 thereof connected to a second side of the first seating part 100 (along fold line 112) and a second side 74 thereof connected to a second side of the second seating part 102 (along fold line 114), the sidewall 60 being folded at each of the first seating part and the second seating part (Annotated Fig. 9, [0065]-[0066], [0080]),
wherein the sidewall 60 further comprises first and second stepped portions (the combination of parallel recess first sides 64,66 and parallel recess second sides 72,74, wherein the first sides and second sides are perpendicular to one another) each having a concavely recessed shape and a central portion 78 (i.e. first recess endwall) connecting the first and second stepped portions, the first stepped portion 66/72 and the second stepped portion 64/74 being formed in a first edge connecting the first seating part 100 to the sidewall 60 (along fold line 112) and a second edge connecting the second seating part 102 to the sidewall 60 (along fold line 114), respectively (Figs. 5-6, Annotated Fig. 9, [0055], [0065]-[0066]),
wherein the first and second stepped portions are adjacent to the electrode assembly 12 ([0055]), and the central portion 78 is spaced apart from the electrode assembly farther than the first and second stepped portions ([0068] – wherein it is described that the electrode assembly 12 is inserted into first recess 60 which comprises the first and second stepped portions and faces the first recess endwall 78 but is not required to be abutting the first recess endwall 78), and
wherein the central portion 78 of the sidewall 60 has a continuous flat planar shape on each of an inner surface and an outer surface of the pouch, the central portion 78 of the sidewall 60 being spaced apart from the electrode assembly 12 and continuously perpendicular to each of the first and second seating parts (Annotated Fig. 9, [0055], [0068]), and
wherein the central portion 78 of the sidewall 60 extends continuously across a space located between the first and second stepped portions 66/72, 64/74 (in the direction of the arrows A in Annotated Figure 9 below), respectively, and at least a portion of each of the first and second stepped portions 66/72, 64/74 is located adjacent to the electrode assembly (Annotated Fig. 9, [0055], [0068]).
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Annotated Figure 9 of Levin
Levin fails to explicitly disclose wherein when the pouch is folded, the concavely recessed shape of each of the first and second stepped portions each form a recess extending inward toward the electrode assembly relative to the central portion and relative to the first and second seating parts.
However, Hong discloses a pouch enclosing an electrode assembly of a lithium polymer battery (Abstract, entire disclosure dependent upon). Hong teaches wherein the pouch comprises a top surface 123a which includes stepped parts 128 formed by a pressing process that create a concavely recessed shape extending inward toward the electrode assembly relative to the top surface 123a and the surrounding outer member 120 which comprises the lithium polymer battery when the pouch is sealed and wherein the top surface 123a extends continuously across a space located between the recesses of the first and second stepped portions in order to create space for an insulation tape to seal the pouch without increasing the thickness of the lithium polymer battery (Fig. 4, [0020]-[0021], [0046]-[0052]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the secondary battery of Levin such that when the pouch is folded, the concavely recessed shape of each of the first and second stepped portions each form a recess extending inward toward the electrode assembly relative to the central portion of the sidewall (corresponding to the top surface of Hong) and relative to the first and second seating parts (corresponding to the outer member of Hong), respectively, and wherein the central portion of the sidewall extends continuously across a space located between the recesses of the first and second stepped portions, in order to create space for an insulation tape to seal the pouch without increasing the thickness of the lithium polymer battery, as taught by Hong.
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Annotated Figure 4 of Hong
Regarding Claim 7, Levin in view of Hong teaches the instantly claimed secondary battery according to Claim 6, and Levin discloses wherein the sidewall 60 is perpendicular to the first seating part 100 and the second seating part 102 when the pouch is folded (Fig. 11, [0064]-[0075]).
Regarding Claim 8, Levin in view of Hong teaches the instantly claimed secondary battery according to Claim 6, and Levin discloses wherein each of the first seating part 100 and the second seating part 102 has a sealing portion along seal line 110, and the sealing portion of the first seating part 100 and the sealing portion of the second seating part 102 are configured to be sealed around the electrode assembly 12 (Figs. 10-12, [0052], [0076]-[0079]).
Regarding Claim 9, Levin in view of Hong teaches the instantly claimed secondary battery according to Claim 8, and Levin discloses wherein the first seating part 100 and the second seating part 102 are configured to be folded parallel to each other along fold lines 112, 114, such that an extending length of each of the sealing portion of the first seating part 100 and the sealing portion of the second seating part 102 is determined according to a length of the sidewall 60 so that the sealing portion of the first seating part 100 and the sealing portion of the second seating part 102 are sealed along seal line 110 (such that sidewall 60 is contained between two pleats 68 and the seal line 110 extends beyond the space defined between the two pleats to completely enclose the assembly within the pouch) (Fig. 12, [0076]-[0079]).
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 extension fee 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 date of this final action.
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/O.M.M./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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