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 .
Election/Restrictions
Claims 12 and 13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/5/2025.
Claim Rejections - 35 USC § 112
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 6 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.
Claims 6 recites “wherein the negative electrode plate is larger in size than the positive electrode plate on four sides”. It is unclear as to what applicant is claiming by larger on four sides. The specification does not provide further definitions, but in figures 6 and 7, it appears as though the negative plate is larger in length (two sides) than the positive plate. It appears as though from the drawings that the two plates are similar in thickness, therefore, for purposes of examination, the claim will be interpreted as the plate being larger on all four sides, meaning extending beyond the positive plate in length and width.
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)(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.
Claim(s) 1, 4, 5, 7, 9, and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kenta et al (JP 2017-033746 and its machine translation).
Kenta et al disclose a battery cell comprising positive and negative electrode plates having electrode tabs (positive electrode, collector 11, active layer 13, including a negative electrode plate collector 12, active layer 15 with separator 50 which also serves as the electrolyte sheet with the insulating layer ([0016], [0017], [0019], [0021]; instant claim 4, 5, 10), and a separator, wherein the separator 50 comprises a resin porous substrate layer 51, having thereon a heat-resistant insulating layer 52 laminated on one surface (second coating part), with a covering portion 54 comprising inorganic particles 521 and an organic binder resin 522 on side surfaces 53A and 53B constituting a first coating part comprising an organic/ inorganic composite side coating ([0029], [0034], [0042], Figs 5 and 6). The reference teaches that the organic binder resin 522 with the inorganic particles is preferably PVDF ([0039]; instant claim 9).
PNG
media_image1.png
186
402
media_image1.png
Greyscale
PNG
media_image2.png
230
348
media_image2.png
Greyscale
The battery includes stacked electrode assemblies including multiple positive electrode/ separator/ negative electrode assemblies stacked (see figure 2) having additional separators, wherein the positive electrode of one stack comprises the additional stack with additional separator on a face of the positive plate opposite of the active material coating on the plate/ collector as required by the instant claim 7.
PNG
media_image3.png
508
716
media_image3.png
Greyscale
Therefore, the Kenta et al reference teaches that invention as claimed and the invention of claims 1, 4, 5, 7, 9, and 10.
Claim(s) 11-5 and 9-11 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kwon et al (KR 10-2124105 and its machine translation).
Kwon et al disclose a battery comprising an electrode assembly wherein the assembly comprises a plurality of electrodes comprising electrode tab having a separator in between, and wherein the separator comprises a substrate and a protrusion 212 formed on an upper end of at least one side of the substrate (instant claims 4 and 5). The separator further comprises an inorganic-organic coating layer (first coating part) comprising inorganic particles and an organic polymer binder. The protrusion (second coating part) is located on the surface adjacent to the electrode tab 111, and is added to prevent shorts, thus meets the limitation for an insulating material as the protrusion electrically insulating the electrode and preventing short-circuiting ([0027], [0044]-[0047]). The plate may be a positive plate (instant claim 4).
PNG
media_image4.png
564
322
media_image4.png
Greyscale
As seen in the figure, the protrusion overlaps a portion of the tab 111 (is coated on the separator in a length direction partially overlapping the area wherein the tab extends in the formation direction of the tab, with the tab formed on one side of the electrode plate, and the first and second coating are parallel (note the second coating portion is defined in the specification as being coated on the separator, but while drawing s show it is also on the tab, the specification does not say on, but rather overlapping, which does not require coating on the tab) as required by the instant claims 2 and 3. The binder is preferably PVDF (0053]) as required by the instant claim 9. The battery comprises a non-aqueous electrolyte (instant claims 10 and 11; [0064]-0068]).
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.
Claim(s) 1-5 and 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jo et al (11,462,772) in view of Zheng et al (CN 108389999 and its machine translation).
Jo et al disclose a battery having a stack of electrode assemblies comprising a plurality of positive and negative electrode plates stacked with a separator interposed between the respective positive and negative plates, further comprising a non-aqueous electrolyte (instant claims 4, 5, 10, and 11; abstract, column 1, lines 41 to 61, claim 1).
The electrode plates each comprise a plate coated on one or both sides with a positive or negative electrode active material, and the separator is located between the plates facing the active material layers (positive, 221, 222, 223, and negative 211, 212, separators 101, 102, 103, 104 in figure 5 below).
PNG
media_image5.png
462
626
media_image5.png
Greyscale
The electrode plates include tabs (see drawing), and the separator includes a insulation-enhancing part (10) on at least one periphery portion of the end surface, which is adjacent to the electrode tabs (column 7, lines 23 to 61).
The reference teaches a separator broadly, but fails to specifically disclose details as to the construction and composition of the separator.
Zheng et al disclose a porous separator film for a lithium-ion battery, wherein the separator comprises a porous substrate having coated thereon each side, a inorganic/ organic composite functional coating. The reference teaches it is known in the art for a separator to comprise a porous base having a functional coating thereon. The layer comprises inorganic ceramic particles and an organic polymer binder, wherein the binder preferably comprises PVDF ([0012], [0028]; instant claims 1, 9). The reference teaches that the insulating functional composite layer provides improved stability and safety performance of the battery.
Given the teachings of the references, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to prepare the material of Jo et al, choosing as the separator, that as taught by Zheng et al having a porous base and an in organic/ organic insulating coating layer to achieve improved stability and safety performance.
The resultant material would comprise a first coating portion (functional layer), a second coating part (the insulating-enhancing part 10 on the periphery of the separator), and at least one electrode plate and tab as set forth by the instant claim 1.
The resultant material would meet the limitations of the instant claims 2 and 3 wherein the at least one tab is formed on a side of the at least one plate (claim 2 recites that the tab is formed on one side, claim 3 recites one of both sides of the plate; column 3, lines 3-17 of Jo et al for tabs on one side of each plate), and the second coating/ insulating -enhancing part 10 is formed overlapping the tab in the formation direction / plane, wherein the layer comprising the first coating portion is formed on the separator which ins in the same plane as the tab and is therefore parallel to the portion of the second coating layer in the tab formation direction plane portion on the separator layer in the horizontal direction see figure 5 above).
The resultant material comprises a plurality of separators, wherein the stack of electrodes and separators comprises at least one additional separator on an opposite face of another separator (also note the claims does not limit the separator to be directly stacked onto the positive or negative electrode plate, just stacked on a side not facing the first separator see for examples, electrode 222, wherein separators 102 and 103 (instant claim 7). The reference example sin figure 5 includes a portion such as 222 with separators 102 and 103 wherein the second coating parts are joined to one another around the tab (instant claim 8).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jo et al in view of Zheng et al, in further view of Wang et al (CN 103928715 and its machine translation).
Jo et al and Zheng et al have been discussed above. The references teach stacked batteries, but fails to specifically disclose wherein the negative electrode is larger than the positive electrode, but teaches that known modifications may be made.
Wang et al disclose a lithium-ion battery having a stack of electrode assemblies comprising negative and positive electrode sheets, and separators. The reference teaches that it is known to prepare a battery wherein the negative electrode plate is large in length and width than the positive electrode plate (length is two sides, width is two sides, thus on four sides; [0013], [0015]) wherein the battery results in increased capacity.
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to prepare the material of Jo et al in view of Zheng et al, choosing to prepare the negative electrode wherein the electrode is wider and longer on all four sides than the cathode as taught by Wang et al, wherein the resultant battery achieves increased capacity.
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon et al in view of Wang et al.
Kwon et al has been discussed above. The reference teaches an electrode stack, but fails to disclose that the negative electrode is wider/ longer/ larger on all four sides than the positive electrode.
Wang et al has been discussed above and disclose a lithium-ion battery having a stack of electrode assemblies comprising negative and positive electrode sheets, and separators. The reference teaches that it is known to prepare a battery wherein the negative electrode plate is large in length and width than the positive electrode plate (length is two sides, width is two sides, thus on four sides; [0013], [0015]) wherein the battery results in increased capacity.
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to prepare the material of Kwon et al, choosing to prepare the negative electrode wherein the electrode is wider and longer on all four sides than the cathode as taught by Wang et al, wherein the resultant battery achieves increased capacity.
Claim(s) 7 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kwon et al in view of Jo et al.
Kwon et al and Jo et al have been discussed above. Kwon et al disclose that a battery arrangement may include multiple stacked electrode assemblies, but fails to disclose the specific stack formation. The reference further teaches that the protrusion 212 may overlap the tab (see figure 1A, and 2 as discussed above) in the electrode thickness direction, and wherein the protrusion may be disposed between each of the electrodes. The reference does not teach that the insulating protrusion and the tab may contact each other, but does not exclude it. The reference further teaches that the protrusion is formed on at least one surface of the substrate, but may be on both ([0030], [0031], [0044]-[0046]).
Jo et al disclose a material comprising a plurality of separators, wherein the stack of electrodes and separators comprises at least one additional separator on an opposite face of another separator (also note the claims does not limit the separator to be directly stacked onto the positive or negative electrode plate, just stacked on a side not facing the first separator see for examples, electrode 222, wherein separators 102 and 103 (instant claim 7). The reference example sin figure 5 includes a portion such as 222 with separators 102 and 103 wherein the second coating parts are joined to one another around the tab to further protect the tabs should the heat shrink the separator (instant claim 8).
Therefore, given the teachings of the references, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to prepare the material of Kwon et al, wherein the battery comprises a stack having a plurality of electrodes and separators, wherein the separators are on a face opposite the separator between the corresponding electrodes in an assembly, and wherein the insulating coating portion of two adjacent separators contacts the tab and each other as taught to be a known and advantageous configuration in the art by Jo et al to achieve a more stable and safe battery, less likely to short-circuit.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMANDA C WALKE whose telephone number is (571)272-1337. The examiner can normally be reached Monday to Thursday 5:30am to 4pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niki Bakhtiari can be reached at 571-272-3433. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AMANDA C. WALKE/ Primary Examiner, Art Unit 1722