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 .
Drawings
The drawings are objected to because the terms “Smi” in Figure 14 and “Smi tomo” in Figure 17 do not appear to be defined within the instant specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 10 and 13 are objected to because of the following informalities:
Claim 10, line 13 should be amended to read “…portion, which are positioned on [the] an opposite side from the connection-sealing region, so as to form a…” to avoid an antecedent basis issue.
Claim 10, lines 22-24 should be amended to read “…the compressed surface and forms the raised surface to be thicker than the compressed surface, wherein as the front end-sealing part protrudes less than the compression protrusion when viewed in the battery case, a thickness of the front end-sealing region is formed to be greater than a…” in order to improve clarity and readability.
Claim 13, line 23 should be amended to read “…region so as to be recessed less than the compressed surface and forming the raised surface to be thicker…” in order to improve clarity and readability.
Appropriate correction is required.
Claim Rejections - 35 USC § 112 (b)
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.
Claim 8 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites “…wherein the compressed surface comprises two or more compressed surfaces in a longitudinal direction of the electrode lead, and raised surfaces are further provided between the two or more compressed surfaces”. Claim 1, on which Claim 8 depends recites “…the reinforcement-sealing region comprises a compressed surface, provided in the sealing portion between the connection-sealing region and the front end-sealing region and recessed into the sealing portion, and raised surfaces…” in lines 13-15. It would not be clear to the skilled artisan if the “raised surfaces” of Claim 8 are the same raised surfaces introduced in Claim 1, or if they are additional raised surfaces. The examiner notes that for purposes of examination, a broad interpretation will be used to address the limitation of Claim 8.
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 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over Lim (US 2018/0261807 A1) (disclosed by Applicant on IDS dated 07/25/2025).
The examiner notes that although Lim (US 2018/0261807 A1) shares common Applicants with the instant application, it qualifies as prior art under 35 U.S.C. 102(a)(1) it was published on 09/13/2018, which are dates before the effective filing date of the instant application (09/07/2020).
In Regards to Claim 10:
Lim discloses a secondary battery manufacturing apparatus (sealing apparatus, 100) for manufacturing a secondary battery (battery cell, 10) which comprises an electrode assembly (13) provided with an electrode tab (region of electrode assembly, 13, where electrode lead, 11, is attached), and an electrode lead (electrode lead, 11) coupled to the electrode tab (region of electrode assembly, 13, where electrode lead, 11, is attached) (Figures 1 and 6, [0007, 0105, 0108-0109]). Lim further discloses a battery case (pouch type battery case) provided with an accommodation portion (region wherein electrode assembly is embedded) configured to accommodate the electrode assembly (13) in a state in which a front end of the electrode lead (electrode lead, 11) is drawn to the outside and a sealing portion (sealing-planned part, 14) is configured to seal the accommodation portion (region wherein electrode assembly is embedded) (Figures 6 and 9, [0070-0072, 0113]). Lim further discloses a lead film (insulation film, 16) disposed on the electrode lead (electrode lead, 11) positioned in the sealing portion (sealing-planned part, 14) of the battery case (pouch type battery case) (Figure 7, [0113]). Lim further discloses that the secondary battery manufacturing apparatus (sealing apparatus, 100) comprises a pressing member (sealing blocks, 110/120) configured to compress and seal the sealing portion (sealing-planned part, 14) in which the electrode lead (electrode lead, 11) is positioned (Figures 1 and 3, [0105-0106]). Lim further discloses that the pressing member (sealing blocks, 110/120) comprises a connection-sealing part (region of sealing blocks, 110/120, which contact the connection-sealing region of the sealing-planned part, 14, see annotated Figure 1 below) configured to compress surfaces of the sealing portion (sealing-planned part, 14), which are connected to the accommodation portion (region wherein electrode assembly is embedded), so as to form a connection-sealing region (see annotated Figure 1 below) (Figure 1, [0106-0107]). Lim further discloses that the pressing member (sealing blocks, 110/120) comprises a front end-sealing part (region of sealing blocks, 110/120, which contact the front end-sealing region of the sealing-planned part, 14, see annotated Figure 1 below) configured to compress surfaces of the sealing portion (sealing-planned part, 14), which are positioned on the opposite side from the connection-sealing region (see annotated Figure 1 below), so as to form a front end-sealing region (see annotated Figure 1 below) (Figure 1, [0106-0107]). Lim further discloses that the pressing member (sealing blocks, 110/120) comprises a reinforcement-sealing part (region of sealing blocks, 110/120, which contact the reinforcement-sealing region of the sealing-planned part, 14, see annotated Figure 1 below) configured to compress surfaces of the sealing portion (sealing-planned part, 14), which are positioned between the connection-sealing region (see annotated Figure 1 below) and the front end-sealing region (see annotated Figure 1 below), so as to form a reinforcement-sealing region (see annotated Figure 1 below) made of a compressed surface and a raised surface (Figure 1, [0106-0107]). Lim further discloses that the reinforcement-sealing part (region of sealing blocks, 110/120, which contact the reinforcement-sealing region of the sealing-planned part, 14, see annotated Figure 1 below) comprises a compression protrusion (protrusion parts, 300), which compresses the sealing portion (sealing-planned part, 14) between the connection-sealing region (see annotated Figure 1 below) and the front end-sealing region (see annotated Figure 1 below) and forms the compressed surface recessed into the sealing portion (sealing-planned part, 14), and a compression groove (space within steps, 201/202), which compresses the sealing portion (sealing-planned part, 14) between the compression protrusion (protrusion parts, 300) and the connection-sealing part (region of sealing blocks, 110/120, which contact the connection-sealing region of the sealing-planned part, 14, see annotated Figure 1 below) and between the compression protrusion (protrusion parts, 300) and the front end-sealing part (region of sealing blocks, 110/120, which contact the front end-sealing region of the sealing-planned part, 14, see annotated Figure 1 below) so as to be recessed less than the compressed surface and forms the raised surface thicker than the compressed surface (Figures 1 and 3, [0106-0107]).
Although Lim is silent to the thickness of the front end-sealing region and the thickness of the compressed surface, it would be obvious to one of ordinary skill in the art to select for a thickness of the front end-sealing region, a thickness greater than the thickness of the compressed surface of the reinforcement-sealing region, as such a configuration is one of a finite number of possible configurations that the battery case of the secondary battery could have (MPEP 2143 I, E). For example, the thickness of the front end-sealing region can only be thicker, thinner, or equal to the thickness of the compressed surface of the reinforcement-sealing region. Upon making the above modifications, all of the limitations of Claim 10 are met.
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Annotated Figure 1 (Lim US 2018/0261807 A1)
In Regards to Claim 11 (Dependent Upon Claim 10):
Lim discloses the secondary battery manufacturing apparatus of Claim 10 as set forth above. Lim further discloses that the pressing member (sealing blocks, 110/120) comprises and seals only a surface of the sealing portion (sealing-planned part, 14) corresponding to a surface of the electrode lead (electrode lead, 11) (Figures 1 and 3, [0007, 0113]). Thus, all of the limitations of Claim 11 are met.
In Regards to Claim 12 (Dependent Upon Claim 11):
Lim discloses the secondary battery manufacturing apparatus of Claim 11 as set forth above. Lim further discloses that the compression protrusion (protrusion parts, 300) and the compression groove (space within steps, 201/202) are elongated in a width direction (left to right of page in Figure 6) of the electrode lead (electrode lead, 11) (Figures 6 and 7, [0131]). Lim further discloses that ends on both sides of the compression protrusion (protrusion parts, 300) and the compression groove (space within steps, 201/202) are formed as a straight line portion having the same direction as a longitudinal direction (up and down page in Figure 6) of the electrode lead (electrode lead, 11) (Figures 1 and 6, [0111-0113, 0131]).
The examiner notes that the term “lengths” as written is a broad limitation and is subject to the broadest reasonable interpretation during the review of prior art. As such, although Lim doesn’t explicitly disclose the lengths of the compression protrusion (protrusion parts, 300) and the compression groove (space within steps, 201/202), the skilled artisan would appreciate that each of the compression protrusion (protrusion parts, 300) and the compression groove (space within steps, 201/202) include lengths which are equal to or less than the entire width of the electrode lead. For example, the skilled artisan may select as the lengths, a region of each of compression protrusion (protrusion parts, 300) and the compression groove (space within steps, 201/202) which is approximately half the width of the electrode lead. Thus, all of the limitations of Claim 12 are met.
Claims 1-4, 7-9, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Lim (US 2018/0261807 A1) (disclosed by Applicant on IDS dated 07/25/2025) further in view of Yang et al. (US 2018/0123178 A1).
The examiner notes that although Lim (US 2018/0261807 A1) and Yang et al. (US 2018/0123178 A1) share common Applicants with the instant application, they qualify as prior art under 35 U.S.C. 102(a)(1) as they were published on 09/13/2018 and 05/03/2018, respectively, which are dates before the effective filing date of the instant application (09/07/2020).
In Regards to Claim 1:
Lim discloses a secondary battery (battery cell, 10) comprising: an electrode assembly (13) comprising an electrode tab (region of electrode assembly, 13, where electrode lead, 11, is attached), and an electrode lead (electrode lead, 11) coupled to the electrode tab (region of electrode assembly, 13, where electrode lead, 11, is attached) (Figures 1 and 6, [0007, 0108-0109]). Lim further discloses a battery case (pouch type battery case) comprising an accommodation portion (region wherein electrode assembly is embedded) configured to accommodate the electrode assembly (13) in a state in which a front end of the electrode lead (electrode lead, 11) is drawn to the outside and a sealing portion (sealing-planned part, 14) is configured to seal the accommodation portion (region wherein electrode assembly is embedded) (Figures 6 and 9, [0070-0072, 0113]). Lim further discloses that the battery case (pouch type battery case) is a pouch-type battery case which is made from a laminate sheet (Figure 1, [0070]). Lim further discloses a lead film (insulation film, 16) disposed on the electrode lead (electrode lead, 11) positioned in the sealing portion (sealing-planned part, 14) of the battery case (pouch type battery case) (Figure 7, [0113]). Lim further discloses that the sealing portion (sealing-planned part, 14), through which the electrode lead (electrode lead, 11) is drawn, comprises a connection-sealing region (see annotated Figure 1 below) connected to the accommodation portion (region wherein electrode assembly is embedded), a front end-sealing region (see annotated Figure 1 below) positioned on an opposite side from the connection-sealing region (see annotated Figure 1 below), and a reinforcement-sealing region (see annotated Figure 1 below) provided between the connection-sealing region (see annotated Figure 1 below) and the front end-sealing region (see annotated Figure 1 below) (Figure 1, 0007). Lim further discloses that the reinforcement-sealing region (see annotated Figure 1 below) comprises a compressed surface, provided in the sealing portion (sealing-planned part, 14) between the connection-sealing region (see annotated Figure 1 below) and the front end-sealing region (see annotated Figure 1 below) and recessed into the sealing portion (sealing-planned part, 14), as a result of bending occurring during sealing (Figures 7-9, [0129-0130]). Lim further discloses that the reinforcement-sealing region (see annotated Figure 1 below) likewise comprises raised surfaces, provided in the sealing portion (sealing-planned part, 14) between the connection-sealing region (see annotated Figure 1 below) and the compressed surface and between the front end-sealing region (see annotated Figure 1 below) and the compressed surface, also as a result of bending occurring during sealing (Figures 7-9, [0129-0130]).
Although Lim does not explicitly disclose that the raised surfaces are formed thicker than the compressed surfaces, the skilled artisan would appreciate that such an arrangement would necessarily be the case, as the thickness of the sealing region would be expected to be consistent throughout prior to the sealing process, and when the sealing/compression process occurs, the bending which results would be understood to result in thinner (compressed) areas and thicker (raised surface) areas [0129-0130].
Lim is silent to the battery case having a structure in which a resin layer, a metal layer, and an insulating layer are sequentially stacked in a direction from the inside to the outside, and wherein the resin layer of the raised surface is formed thicker than the resin layer of the compressed surface.
Yang discloses a secondary battery (pouch-shaped secondary battery, 10) comprising an electrode assembly (20) and a battery case (40) in which the electrode assembly (20) is accommodated (Figure 1, [0008]). Yang further discloses that the battery case (40) is a pouch type battery case and is formed from a laminate sheet including an outer resin layer, a metal layer, and an inner resin layer stacked from the outside to the inside (Figure 1, [0008, 0022]). Yang further discloses that the outer resin layer is made from a polymer resin having weather resistance properties [0022].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the laminate of the battery case of Lim, the laminate taught by Yang consisting of an outer resin layer, a metal layer, and an inner resin layer stacked from the outside to the inside of the battery case, as such an arrangement is known in the art as suitable for use as a material for a battery case for a secondary battery, as taught by Yang. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
The skilled artisan would appreciate that the outer resin layer may be considered to be an insulating layer as Yang teaches that the outer resin layer is made from a polymer resin which is resistant to weather, and thus may be considered insulating against weather. Upon the above modification, the limitation of Claim 1 requiring that the battery case having a structure in which a resin layer, a metal layer, and an insulating layer are sequentially stacked in a direction from the inside to the outside, is met.
Although modified Lim is silent to the thickness of the resin layer of the raised surface and the thickness of the resin layer of the compressed surface, it would be further obvious to one of ordinary skill in the art to select for a thickness of the resin layer of the raised surface, a thickness greater than the thickness of the resin layer of the compressed surface, as such a configuration is one of a finite number of possible configurations that the battery case of the secondary battery could have (MPEP 2143 I, E). For example, the thickness of the resin layer of the raised surface can only be thicker, thinner, or equal to the thickness of the resin layer of the compressed surface. Upon making the above modifications, all of the limitations of Claim 1 are met.
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Annotated Figure 1 (Lim US 2018/0261807 A1)
In Regards to Claim 2 (Dependent Upon Claim 1):
Lim as modified by Yang discloses the secondary battery of Claim 1 as set forth above. As detailed above in the rejection of Claim 1, modified Lim discloses that the resin layer of the raised surface is formed thicker than the resin layer of the compressed surface.
The examiner notes that the claim recites a product, but also includes a limitation directed to a particular method for obtaining the structure of the claimed product. Specifically, Claim 2 recites that the resin layer of the raised surface is formed thicker than the resin layer of the compressed surface as the raised surface is compressed less than the compressed surface when the reinforcement-sealing region is formed. Patentability of product-by-process claims is based on the product itself. If the product in the product-by-process claim is the same as or obvious from the product of the prior art, the claim is unpatentable even though the prior product was made by a different process. MPEP 2113 citing In re Thorpe, 777 F.2d 695,698, 227 USPQ964, 966 (Fed. Cir. 1985). The skilled artisan would understand that the structure resulting from the limitation of Claim 2 is that the resin layer of the raised surface is thicker than the resin layer of the compressed surface. The skilled artisan would appreciate that upon the modification detailed in the rejection of Claim 1, such a structure is achieved by modified Lim. Thus, all of the limitations of Claim 2 are met.
In Regards to Claim 3 (Dependent Upon Claim 1):
Lim as modified by Yang discloses the secondary battery of Claim 1 as set forth above. Lim further discloses that the reinforcement-sealing region (see annotated Figure 1 above) is formed only in a surface of the sealing portion (sealing-planned part, 14) corresponding to a surface of the electrode lead (electrode lead, 11) (Figure 1, [0007]). Thus, all of the limitations of Claim 3 are met.
In Regards to Claim 4 (Dependent Upon Claim 3):
Lim as modified by Yang discloses the secondary battery of Claim 3 as set forth above. Lim further discloses that the compressed surface and the raised surface are elongated in a width direction (left to right of page in Figure 6) of the electrode lead (electrode lead, 11) (Figures 6 and 7, [0131]). Lim further discloses that ends on both sides of the compressed surface and the raised surface are formed as a straight line portion having the same direction as a longitudinal direction (up and down page in Figure 6) of the electrode lead (electrode lead, 11) (Figures 1 and 6, [0111-0113]).
The examiner notes that the term “lengths” as written is a broad limitation and is subject to the broadest reasonable interpretation during the review of prior art. As such, although Lim doesn’t explicitly disclose the lengths of the compressed surface and the raised surface, the skilled artisan would appreciate that each of the compressed surface and the raised surface include lengths which are equal to or less than the entire width of the electrode lead. For example, the skilled artisan may select as the lengths, a region of each of the compressed surface and the raised surface which is approximately half the width of the electrode lead. Thus, all of the limitations of Claim 4 are met.
In Regards to Claim 7 (Dependent Upon Claim 1):
Lim as modified by Yang discloses the secondary battery of Claim 1 as set forth above.
Although Lim does not explicitly disclose that a thickness of the front end-sealing region positioned in the electrode lead is formed greater than a thickness of the compressed surface of the reinforcement-sealing region, the examiner notes that the term “a thickness” as written is a broad limitation and is subject to the broadest reasonable interpretation during the review of
prior art. As such, the skilled artisan would appreciate that when both the front end-sealing region and the compressed surface of the reinforcement-sealing region have some thickness, there is necessarily a thickness of the front end-sealing region positioned in the electrode lead which is greater than a thickness of the compressed surface of the reinforcement-sealing region. For example, the skilled artisan would select for a thickness of the compressed surface of the reinforcement-sealing region a section of total thickness which is equal to half the total thickness of the front end-sealing region positioned in the electrode lead. Thus, all of the limitations of Claim 7 are met.
In Regards to Claim 8 (Dependent Upon Claim 1):
Lim as modified by Yang discloses the secondary battery of Claim 1 as set forth above. Lim further discloses that the compressed surface comprises two or more compressed surfaces in a longitudinal direction (left to right page in Figure 9) of the electrode lead (electrode lead, 50), and raised surfaces are further provided between the two or more compressed surfaces (Figures 6 and 9-10, [0129-0130, 0135-0138]). Thus, all of the limitations of Claim 8 are met.
In Regards to Claim 9 (Dependent Upon Claim 1):
Lim as modified by Yang discloses the secondary battery of Claim 1 as set forth above. Lim further discloses that the reinforcement-sealing region (see annotated Figure 1 above) is formed in each of an upper surface and a lower surface of the sealing portion (sealing-planned part, 14) (Figures 1 and 5, [0019]).
Although Lim is silent to the compressed surface and the raised surface of the reinforcement-sealing region (see annotated Figure 1 above), formed in each of the upper surface and the lower surface of the sealing portion (sealing-planned part, 14), being formed symmetrically or asymmetrically, the skilled artisan would appreciate that they must be formed either symmetrically or asymmetrically. Thus, all of the limitations of Claim 9 are met.
In Regards to Claim 13:
Lim discloses a secondary battery manufacturing method (process of using the sealing apparatus, 100) comprising: preparing an electrode assembly (13) comprising an electrode tab (region of electrode assembly, 13, where electrode lead, 11, is attached), wherein an electrode lead (electrode lead, 11) coupled to the electrode tab (region of electrode assembly, 13, where electrode lead, 11, is attached) (Figures 1 and 6, [0007, 0108-0109]). Lim further discloses accommodating the electrode assembly (13) an accommodation portion (region wherein electrode assembly is embedded) of a battery case (pouch type battery case) in a state in which a front end of the electrode lead (electrode lead, 11) is drawn to the outside, attaching a lead film (insulation film, 16) to the electrode lead (electrode lead, 11) positioned in a sealing portion (sealing-planned part, 14) of the battery case (pouch type battery case) (Figures 6-7 and 9, [0070-0072, 0113]). Lim further discloses that the battery case (pouch type battery case) is a pouch-type battery case which is made from a laminate sheet (Figure 1, [0070]). Lim further discloses compressing and sealing the sealing portion of the battery case (pouch type battery case) through which the electrode lead (electrode lead, 11) is drawn (Figure 6, [0131]). Lim further discloses that the sealing comprises: a connection-sealing process (step wherein connection-sealing region is formed with sealing apparatus, 100, see annotated Figure 1 below) of compressing surfaces of the sealing portion (sealing-planned part, 14), which are connected to the accommodation portion (region wherein electrode assembly is embedded), so as to form a connection-sealing region (see annotated Figure 1 below); a front end-sealing process (step wherein front end-sealing region is formed with sealing apparatus, 100, see annotated Figure 1 below) of compressing surfaces of the sealing portion (sealing-planned part, 14), which are positioned on the opposite side from the connection-sealing region (see annotated Figure 1 below), so as to form a front end-sealing region (see annotated Figure 1 below); and a reinforcement-sealing process (step wherein front end-sealing region is formed with sealing apparatus, 100, see annotated Figure 1 below) of compressing surfaces of the sealing portion (sealing-planned part, 14), which are positioned between the connection-sealing region (see annotated Figure 1 below) and the front end-sealing region (see annotated Figure 1 below), so as to form a reinforcement-sealing region (see annotated Figure 1 below) made of a compressed surface and a raised surface (Figure 1, [0007, 0106-0107]). Lim further discloses that the reinforcement-sealing process (step wherein front end-sealing region is formed with sealing apparatus, 100, see annotated Figure 1 below) comprises compressing the sealing portion (sealing-planned part, 14) between the connection-sealing region (see annotated Figure 1 below) and the front end-sealing region (see annotated Figure 1 below) so as to be recessed and forming the compressed surface, and compressing the sealing portion (sealing-planned part, 14) between the compressed surface and the connection-sealing region (see annotated Figure 1 below) and between the compressed surface and the front end-sealing region (see annotated Figure 1 below) so as to be recessed less than the compressed surface and forms the raised surface thicker than the compressed surface (Figures 1 and 3, [0106-0107]).
Lim is silent to the battery case having a structure in which a resin layer, a metal layer, and an insulating layer are sequentially stacked in a direction from the inside to the outside, and wherein the resin layer of the raised surface is formed thicker than the resin layer of the compressed surface.
Yang discloses a secondary battery (pouch-shaped secondary battery, 10) comprising an electrode assembly (20) and a battery case (40) in which the electrode assembly (20) is accommodated (Figure 1, [0008]). Yang further discloses that the battery case (40) is a pouch type battery case and is formed from a laminate sheet including an outer resin layer, a metal layer, and an inner resin layer stacked from the outside to the inside (Figure 1, [0008, 0022]). Yang further discloses that the outer resin layer is made from a polymer resin having weather resistance properties [0022].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the laminate of the battery case of Lim, the laminate taught by Yang consisting of an outer resin layer, a metal layer, and an inner resin layer stacked from the outside to the inside of the battery case, as such an arrangement is known in the art as suitable for use as a material for a battery case for a secondary battery, as taught by Yang. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
The skilled artisan would appreciate that the outer resin layer may be considered to be an insulating layer as Yang teaches that the outer resin layer is made from a polymer resin which is resistant to weather, and thus may be considered insulating against weather. Upon the above modification, the limitation of Claim 1 requiring that the battery case having a structure in which a resin layer, a metal layer, and an insulating layer are sequentially stacked in a direction from the inside to the outside, is met.
Although modified Lim is silent to the thickness of the resin layer of the raised surface and the thickness of the resin layer of the compressed surface, it would be further obvious to one of ordinary skill in the art to select for a thickness of the resin layer of the raised surface, a thickness greater than the thickness of the resin layer of the compressed surface, as such a configuration is one of a finite number of possible configurations that the battery case of the secondary battery could have (MPEP 2143 I, E). For example, the thickness of the resin layer of the raised surface can only be thicker, thinner, or equal to the thickness of the resin layer of the compressed surface. Upon making the above modifications, all of the limitations of Claim 1 are met.
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Annotated Figure 1 (Lim US 2018/0261807 A1)
In Regards to Claim 14 (Dependent Upon Claim 13):
Lim as modified by Yang discloses the secondary battery of Claim 13 as set forth above. Lim further discloses that the reinforcement-sealing region (see annotated Figure 1 above) is formed only in a surface of the sealing portion (sealing-planned part, 14) corresponding to a surface of the electrode lead (electrode lead, 11) (Figure 1, [0007]). Thus, all of the limitations of Claim 14 are met.
In Regards to Claim 15 (Dependent Upon Claim 14):
Lim as modified by Yang discloses the secondary battery of Claim 14 as set forth above. Lim further discloses that the compressed surface and the raised surface are elongated in a width direction (left to right of page in Figure 6) of the electrode lead (electrode lead, 11) (Figures 6 and 7, [0131]). Lim further discloses that ends on both sides of the compressed surface and the raised surface are formed as a straight line portion having the same direction as a longitudinal direction (up and down page in Figure 6) of the electrode lead (electrode lead, 11) (Figures 1 and 6, [0111-0113]).
The examiner notes that the term “lengths” as written is a broad limitation and is subject to the broadest reasonable interpretation during the review of prior art. As such, although Lim doesn’t explicitly disclose the lengths of the compressed surface and the raised surface, the skilled artisan would appreciate that each of the compressed surface and the raised surface include lengths which are equal to or less than the entire width of the electrode lead. For example, the skilled artisan may select as the lengths, a region of each of the compressed surface and the raised surface which is approximately half the width of the electrode lead. Thus, all of the limitations of Claim 15 are met.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Lim (US 2018/0261807 A1) (disclosed by Applicant on IDS dated 07/25/2025) as modified by Yang et al. (US 2018/0123178 A1), applied to Claim 4 above, further in view of Kim et al. (US 2011/0086259 A1).
The examiner notes that although Lim (US 2018/0261807 A1), Yang et al. (US 2018/0123178 A1), and Kim et al. (US 2011/0086259 A1) share common Applicants with the instant application, they qualify as prior art under 35 U.S.C. 102(a)(1) as they were published on 09/13/2018, 05/03/2018, and 04/14/2011, respectively, which are dates before the effective filing date of the instant application (09/07/2020).
In Regards to Claim 5 (Dependent Upon Claim 4):
Lim as modified by Yang discloses the secondary battery of Claim 4 as set forth above.
Lim is silent to the width of the compressed surface.
Kim discloses a secondary battery (100/101) comprising an electrode assembly (300) accommodated in a pouch type battery case (cell casing, 200) (Figures 1 and 2, [0008, 0013, 0038]). Kim further discloses that the pouch type battery case (cell casing, 200) is sealed such that a sealing unit (261) is formed around the perimeter of the pouch type battery case (cell casing, 200) (Figure 2, [0056]). Kim further discloses that the sealing unit (261) has a width between 3 mm and 20 mm (Figure 2, [0030]).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case obviousness exists (MPEP §2144.05 I). Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the width of the compressed surface, a width between 3 mm and 20 mm, as such a width is known in the art as suitable for the width of a sealing surface in a pouch type secondary battery case, as taught by Kim. Furthermore, it has been held that mere changes in size of an object is a matter of design choice absent persuasive evidence the particular shape of the claimed object is significant (MPEP 2144.04 IV). Thus, upon the above modification, all of the limitations of Claim 5 are met.
In Regards to Claim 6 (Dependent Upon Claim 4):
Lim as modified by Yang discloses the secondary battery of Claim 4 as set forth above.
Lim is silent to a height from a bottom surface of the compressed surface to a top surface of the raised surface.
Kim discloses a secondary battery (100/101) comprising an electrode assembly (300) accommodated in a pouch type battery case (cell casing, 200) (Figures 1 and 2, [0008, 0013, 0038]). Kim further discloses that the pouch type battery case (cell casing, 200) is sealed such that a sealing unit (261) is formed around the perimeter of the pouch type battery case (cell casing, 200) (Figure 2, [0056]). Kim further discloses that the pouch type battery case (cell casing, 200) comprises of a resin laminate sheet having an initial thickness between 0.5 µm and 50 µm [0050]. Kim further discloses that upon thermal compression to form the sealing unit (261), the resin laminate sheet has a thickness between 50% and 95% of the initial thickness [0049].
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case obviousness exists (MPEP §2144.05 I). Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the raised surface and the compressed surface, thicknesses between 0.5 µm and 50 µm and between 50% and 95% of the raised surface thickness, respectively, as such dimensions are known in the art as suitable for a sealing surface in a pouch type secondary battery case, as taught by Kim. Furthermore, it has been held that mere changes in size of an object is a matter of design choice absent persuasive evidence the particular shape of the claimed object is significant (MPEP 2144.04 IV).
Upon the above modification, the skilled artisan would appreciate that there are multiple embodiments of modified Lim wherein a height from a bottom surface of the compressed surface to a top surface of the raised surface is within the claimed range. For example, if the thickness of the raised surface is 20 µm, and the thickness of the compressed surface is 10 µm (50%), the distance from the bottom surface of the compressed surface to a top surface of the raised surface ~30 µm. As such, all of the limitations of Claim 6 are met.
Conclusion
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/E.E.F./ Examiner, Art Unit 1724 /BRIAN R OHARA/Examiner, Art Unit 1724