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 .
Response to Amendment
This Office Action is responsive to the amendment filed April 3, 2026. The following rejections are overcome:
Claim(s) 1 & 11 under 35 U.S.C. 103 as being unpatentable over Lee KR20200047077 A in view of Kim KR 20130079956.
Claim(s) 2-5 & 7-9 under 35 U.S.C. 103 as being unpatentable over Lee KR20200047077 A in view of Kim KR 20130079956 (hereinafter referred to as KIM ‘956), and further in view of KIM 20140050293 (hereinafter referred to as KIM ‘293).
Claim(s) 6 & 10 under 35 U.S.C. 103 as being unpatentable over Lee KR20200047077 A (hereinafter referred to as Lee ‘077) in view of Kim KR 20130079956 (hereinafter referred to as KIM ‘956), and further in view of KIM 20140050293 (hereinafter referred to as KIM ‘293), and even further in view of Lee KR 2018008363W (hereinafter referred to as Lee ‘363).
Claims 1-11 & newly added claims 12-13 are rejected as follows:
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.
Claim(s) 1 & 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee KR20200047077 A in view of CHO et al. KR-20030025077-A and further in view of Kim KR 20130079956.
With respect to claim 1, Lee teaches a pouch-shaped battery cell (30; Fig. 12 below), comprising: an electrode assembly (31; Fig. 12 below) having a pair of electrode tabs provided at one side or
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With respect to claim 11, the cell case comprises an upper case (upper case; Fig. 12 below), a lower case located under the upper case (lower case; Fig. 12 below), and a sealed portion formed at edges of the upper case and the lower case, and the sealed portion is formed at three sides or four sides (the cell case is sealed; teaching claim 8; Examiner’s note: a completely sealed case seals in the electrolyte).
Lee does not teach or suggest: a lead film located between the cell case and each of the electrode leads (claim 1); and a thermal fuse unit, wherein at a predetermined temperature or higher, the thermal fuse unit is operated to induce occurrence of a short circuit (claim 1); the short circuit occurs between the electrode tabs (claim 12); the thermal fuse unit includes two contact points, wherein at the predetermined temperature or lower, the two contact points are spaced apart from each other and at the predetermined temperature or higher the contact points join each other (claim 13).
CHO that it is well known in the art to employ pouch batteries with a thermal fuse unit, wherein at a predetermined temperature or higher, the thermal fuse unit is operated to induce occurrence of a short circuit (temperature fuse made of the above alloy is installed inside or outside of the battery, and attached to at least one of the tabs of the positive electrode plate or negative electrode plate when the temperature fuse is short-circuited, the tab of the electrode plate is mounted; When installing the temperature fuse outside the battery, It is preferable to further form a heat insulating layer on the outer surface to avoid temperature contact with the outside; See TECH-SOLUTION, paragraph 3; claim 1); the thermal fuse unit includes two contact points, wherein at the predetermined temperature or lower, the two contact points are spaced apart from each other and at the predetermined temperature or higher the contact points join each other (the temperature fuse 20 may be irrelevant to its shape, but it is preferable to form a thin sheet See TECH-SOLUTION, paragraph 8; Examiner’s Note: the fuse prevents short circuiting; Fig3 shows tab separation at fuse edges at higher temperatures when the fuse breaks it s reasonable to expect the tab ends to contact depending om orientation; Fig, 3; claim 13).
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Kim teaches that it is well known in the art to employ pouch batteries with a lead film located between the cell case and each of the electrode leads (The first photocurable adhesive 271 is applied on the flat portion 140b to form the first electrode tab 120, the PTC element 150, and the lead plate 160 positioned on the flat portion 140b; Fig. 1 and Description of Embodiment; paragraph 25).
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Lee, CHO and Kim are analogous art from the same field of endeavor, namely fabricating pouch batteries.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the thermal fuse unit of CHO, in the pouched shape battery of Lee, in order to protect the battery from excessive temperature.
With respect to a lead film located between the cell case and each of the electrode leads; it would have been obvious to employ the lead film of Kim, in the pouched shape battery of Lee in view of CHO, to improve structural integrity of the sealing of the casing. The skilled artisan recognizes sealing integrity is needed to protect internal and external environments.
With respect to the short circuit occurs between the electrode tabs (claim 12); it would have been obvious to employ the thermal fuse unit of CHO, between the tabs of Lee in view of CHO and Kim, as rearrangement of essential working parts of a device is prima facie obvious. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). CHO teaches the shape of the fuse may be modified. See TECH-SOLUTION, paragraph 8. Change in shape of essential working parts of a device is prima face obvious. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
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.
Claim(s) 2-5 & 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee KR20200047077 A in view of in view of CHO et al. KR-20030025077-A and further in view of Kim KR 20130079956 (hereinafter referred to as KIM ‘956), and even in further in view of KIM 20140050293 (hereinafter referred to as KIM ‘293).
Lee in view of CHO and KIM ‘956 teach a pouch-shaped battery cell (30; Fig. 12 below), comprising: an electrode assembly (31; Fig. 12 below) having a pair of electrode tabs provided at one side orclaim 3, the thermal fuse is located in the cell case (temperature fuse made of the above alloy is installed inside or outside of the battery; See CHO at TECH-SOLUTION, paragraph 3). With respect to claim 4, the thermal fuse is located in the vicinity of each of the electrode tabs (temperature fuse made of the above alloy is installed inside or outside of the battery, and attached to at least one of the tabs of the positive electrode plate or negative electrode plate; See CHO at TECH-SOLUTION, paragraph 3). With respect to claim 5, the thermal fuse is covered with a coating layer (When the temperature fuse is installed inside the battery, it is desirable to cover the outer surface of the insulating thin film with a protective film so as to avoid direct contact with the electrolyte and the electrode plate.; See CHO at TECH-SOLUTION, paragraph 3). With respect to claim 7, the thermal fuse is located outside the cell case (temperature fuse made of the above alloy is installed outside of the battery; See CHO at TECH-SOLUTION, paragraph 3).
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Lee does not teach or suggest: the cell case has a laminate structure comprising an outer resin layer, a metal layer, and an inner resin layer, the thermal fuse unit includes fuse by a predetermined length,claim 2); the thermal fuse is located at-on an outer surface of the cell case in tight contact with the cell case. (claim 8); the thermal fuse is fixed to an outer surface of a pocket portion of the cell case via an adhesive member (claim 9).
KIM ‘956 teaches that it is well known in the art to employ the cell case having a laminate structure comprising an outer resin layer, a metal layer, and an inner resin layer (first pouch 141 includes a metal layer 141a, a first insulating layer 141b formed on one surface of the metal layer 141a, and a second insulating layer 141c formed on the other surface of the metal layer 141a. It is made of a multilayer thin film; Description of Embodiment paragraph 17), the fuse unit includes a first fuse units (PTC 150; thermal fuse is a positive temperature coefficient PTC 150; See Fig. 3 below; the abstract) , each of the fuse units comprising a fuse configured to be connectedclaim 2); the fuse is located at-on an outer surface of the cell case in tight contact with the cell case (PTC 150 fuse outside of case 140; See Fig. 3 below; claim 8); the fuse is fixed to an outer surface of a pocket portion of the cell case via an adhesive member (The first photocurable adhesive 271 is applied on the flat portion 140b to form the first electrode tab 120, the PTC element 150, and the lead plate 160 positioned on the flat portion 140b; Fig. 1 and Description of Embodiment; paragraph 25; claim 9).
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KIM ‘293 teaches that it is well known in the art to employ a first cable extending from a first side of the fuse by a predetermined length, and a second cable extending from a second side of the fuse by a predetermined length (cable connectors can be used to connect fuses; Description of Embodiment; paragraph 26; claim 2).
Lee in view of CHO, KIM ‘956, and KIM ‘293 are analogous art from the same field of endeavor, namely fabricating pouch batteries.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ a first and second fuse unit configuration of KIM ‘956, as the fuse configuration in the pouch battery of Lee in view of CHO, as duplication of essentials working parts of the device is prima facie obvious. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). The skilled artisan recognizes that multiple thermal fuse units increase overheating protection of the pouch battery. Further, it would have been obvious to employ the second thermal fuse unit configured to connects a negative electrode tab and the metal layer of the cell case to each other; in the pouch battery of Lee in view of CHO and KIM ‘956, as the skilled artisan recognizes that multiple thermal fuse units increase overheating protection of the pouch battery.
With respect to a first cable extending from a first side of the thermal fuse by a predetermined length, and a second cable extending from a second side of the thermal fuse by a predetermined length (claim 2); it would have been obvious to employ the cables of KIM ‘293, in the pouch battery of Lee in view of CHO & KIM ‘956, in order to electrically connect the thermal fuse elements to the electrochemical cell.
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.
Claim(s) 6 & 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lee KR20200047077 A (hereinafter referred to as Lee ‘077) in view of in view of in view of CHO et al. KR-20030025077-A, in view of Kim KR 20130079956 (hereinafter referred to as KIM ‘956), and further in view of KIM 20140050293 (hereinafter referred to as KIM ‘293), and even further in view of Lee KR 2018008363W (hereinafter referred to as Lee ‘363).
Lee ‘077 in view of CHO, KIM ‘956 and further in view of KIM ‘293 teach a pouch battery as described in the rejection recited herein above. KIM ‘956 teaches the thermal fuse is covered with a coating layer ( photocurable adhesive 170 is applied on the first electrode tab 120, the PTC element 150; See Fig. 3 below; Description of Embodiment paragraph 21).
Lee ‘077 does not teach or suggest: the coating layer is made of silicone (claim 6); the adhesive member is made of a thermally conductive material (claim 10).
Lee ‘363 teaches that it is well known in the art to employ coating layer is made of silicone ( thermally conductive silicone adhesive in battery packs; Mode of Invention; claim 6); the adhesive member is made of a thermally conductive material (thermally conductive silicone adhesive in battery packs; Mode of Invention; claim 10).
Lee ‘077 , KIM ‘956, KIM ‘293 and Lee ‘363 are analogous art from the same field of endeavor, namely fabricating pouch batteries.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ the coating layer is made of silicone of Lee ‘363, on the thermal fuse unit of Lee ‘077 in view of CHO, KIM ‘956, KIM ‘293, in order to protect the thermal fuse unit.
Response to Arguments
Applicant asserts that Kim KR 20130079956 does not teach thermal fuse unit which is operated to induce the occurrence of short circuit. This assertion is correct and all previously pending rejections are overcome.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONIQUE M WILLS whose telephone number is (571)272-1309. The Examiner can normally be reached on Monday-Friday from 8:30am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the Examiner's supervisor, Tiffany Legette, may be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Monique M Wills/
Examiner, Art Unit 1722
/TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723