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 .
Claim Status
This Office action is responsive to amendments and remarks filed on 3/19/2026.
No claims have been amended.
No claims have been cancelled.
Claims 1, 2, and 4-11 are currently pending.
Response to Amendment
In light of the amendment the objection to the specification is withdrawn.
Response to Arguments
Applicant's arguments filed 3/19/2026 have been fully considered but they are not persuasive. Applicant argues that AHN does not meet all the limitations of the claim, specifically "a flexible part having stretchability". The applicant claims bending portions 113a and 114a of the lead tabs. The claims are silent on 113 and 114 with the breaking portion 115 of the tabs. These breaking portions are notched in order to cause a weak spot in the flexible "bending portion" of the lead tabs so that they would break in that exact location. AHN [0035] discloses that the lead tabs are a metal material such as aluminum which is both flexible and malleable (stretchable). Therefore, AHN meets the limitation of the claim and the rejections under 102(a)(1) and 103 are maintained.
Claim Rejections - 35 USC § 102
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.
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 1-2, 5-7, 8-9, and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20190173073 A1, AHN et al. provided in the IDS dated 8/19/2025.
Regarding claim 1. AHN discloses a secondary battery comprising in the annotated figure depicted below:
[0011] an electrode assembly (110) including
[0034] a plurality of electrode sheets on which with [0009] electrode tabs are formed thereon (figure 1) and
[0034] a separator located between the electrode sheets;
[0011] a battery case (121) in which the electrode assembly is configured to be housed; and
[0011] an electrode lead connected to the electrode tab and protruding to the outside of the battery case (figure 2), wherein
[0011] the electrode lead includes a flexible part called a bending connection portion having stretchability in a direction parallel to the protruding direction of the electrode lead, and wherein
the flexible part is located inside the battery case.
PNG
media_image1.png
702
660
media_image1.png
Greyscale
Regarding claim 2. AHN discloses the secondary battery of claim 1 in the annotated figure depicted above, wherein: the flexible part has a bent shape (114a).
Regarding claim 5. AHN discloses the secondary battery of claim 1 in the annotated figure depicted below, wherein:
[0017] the battery case comprises
an upper case and a lower case,
a sealing part of the upper case and a sealing part of the lower case are [0018] heat-sealed to each other called a molding process, and
the flexible part is located between a portion of the electrode lead where the sealing parts are located and the electrode assembly.
PNG
media_image2.png
702
747
media_image2.png
Greyscale
Regarding claim 6. AHN discloses the secondary battery of claim 1 in the annotated figure depicted below, wherein:
the electrode lead comprises
a first part connected to the flexible part and the electrode tab;
a second part connected to the flexible part and protruding to the an outside of the battery case; and
a fixing part connected to each of the first part and the second part.
PNG
media_image3.png
461
750
media_image3.png
Greyscale
Regarding claim 7. AHN discloses the secondary battery of claim 6 in the annotated figure depicted below, wherein:
the flexible part comprises a first flexible part and
a second flexible part, and
the fixing part is located between the first flexible part and the second flexible part.
PNG
media_image4.png
504
832
media_image4.png
Greyscale
Regarding claim 8. AHN discloses the secondary battery of claim 6.
AHN [0035] discloses the electrode tabs are a metal material/ aluminum foil.
Regarding claim 9. AHN discloses the secondary battery of claim 6 in the annotated figure depicted above, wherein: the fixing part has a straight line shape.
Regarding claim 11. [0003] A device such as an electric vehicle comprising the secondary battery as set forth in claim 1.
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.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over US 20190173073 A1, AHN et al. provided in the IDS dated 8/19/2025 in view of US 20180309112 A1, KIM et al.
Regarding claim 4. AHN discloses the secondary battery of claim 1,
AHN does not disclose the flexible part comprises at least one of gold (Au) and silver (Ag).
KIM [title] discloses A Pouch-Shaped Secondary Battery Including Micro-Perforated Electrode Lead Having Adhesive Properties where
KIM [0071] discloses the “electrode lead may be made of platinum (Pt), gold (Au), palladium (Pd), iridium (Ir), silver (Ag)”, both silver and gold being widely used in the art for its conductive and malleable properties.
It would have been obvious to one of ordinary skill in the art before the effective filing date to have used gold or silver in the flexible electrode lead from a limited list of highly malleable and conductive materials.
Claim 10 are rejected under 35 U.S.C. 103 as being unpatentable over US 20190173073 A1, AHN et al. provided in the IDS dated 8/19/2025.
Regarding claim 10. AHN discloses the secondary battery of claim 1, wherein:
[0034] the electrode assembly is a stacked-type electrode assembly in which the electrode sheets are stacked,
AHN does not explicitly discloses that when the plurality of electrode sheets expand in the thickness direction, the flexible part is configured to stretches in a direction perpendicular to the thickness direction.
However, AHN by it’s design shows that when the electrode sheets expand in the thickness direction, the flexible part is configured to stretch in a direction perpendicular to the thickness direction as shown in the annotated figure depicted below.
PNG
media_image5.png
870
916
media_image5.png
Greyscale
It would have been obvious to one of ordinary skill in the art to have met the limitations of the claim by following the battery design disclosed by AHN which was published before the instant application’s effective filing date.
Conclusion
THIS ACTION IS MADE FINAL. 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 LAWRENCE LA RAIA III whose telephone number is (703)756-5441. The examiner can normally be reached Mon-Thur 6:00am-4:00pm.
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, Barbara Gilliam can be reached at (571) 272-1330. 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.
LAWRENCE LA RAIA III
Examiner
Art Unit 1727
/L.L./Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
Prosecution Insights