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 .
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.
Claim Status
Claims 1-10 have been examined on the merits.
Priority
Acknowledgment is made of the applicant's claim for foreign priority based on an application filed in the Republic of Korea on 12/13/2021. It is noted that applicant has filed a certified copy of the application, KR10-2021-0177635, as required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/14/2022 is in compliance with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Accordingly, the information disclosure statement is being considered by the examiner and an initial copy is attached herewith.
Claim Interpretation
The examiner notes that the term “welded” and like terms have been interpreted as including direct welding and indirect welding (where an element is permanently fixed to another by welding through an intervening element) according to the broadest reasonable interpretation of the term.
The examiner notes that the limitation “close contact” has been interpreted as meaning an element in direct or indirect contact with another element that is near to it, according to the broadest reasonable interpretation of this limitation.
The limitation “when the side terminal is welded to the current collector member” is a contingent limitation. The broadest reasonable interpretation of an apparatus or product claim having structure that performs a function, which only if a condition precedent is met, requires structure for performing the function should the condition occur. See MPEP 2111.04 (II).
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Martin (US-20100266893-A1).
Regarding claim 1, Martin discloses a secondary (“lithium ion battery cell”; [0037]) battery (Fig. 3B; 100) comprising:
an electrode assembly (annotated Fig. 3B; EA) comprising uncoated portion tabs (annotated Fig. 3B; T), each protruding in a lateral direction (annotated Fig. 3B; LD);
a sub-plate (annotated Fig. 3B; SP) welded (Fig. 3B; indirectly welded via CCM) to the uncoated portion tabs (T);
a current collector member (annotated Fig. 3B; CCM) electrically connected (Fig. 3B; via weld 150) to the sub-plate (SP);
a case (annotated Fig. 3B; C) having an opening (annotated Fig. 3B; O) in the lateral direction (LD) and coupling the electrode assembly (EA) through the opening (O);
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a side terminal (Fig. 3B; 120, 121, 160) welded (Fig. 3B; 150; [0033]) on the current collector member (CCM); and a cap plate (annotated Fig. 3B; CP) through which the side terminal (120, 121, 160) passes, the cap plate (CP) coupled to the opening (O).
Regarding claim 2, Martin discloses wherein a thickness (annotated Fig. 3B; thickness of CCM in the X direction) of the current collector member (CCM) is larger than a thickness (annotated Fig. 3B; T1) of the side terminal (120, 121, 161).
Regarding claim 3, Martin discloses wherein the side terminal (120, 121, 160) comprises: a hollow type rivet (Fig. 3B; 121; [0034]) penetrating through the cap plate (CP) and welded (Fig. 3B illustrates weld 162 extends to 121 and [0037] teaches that the weld extends through 120, ergo 121 is indirectly welded to CCM) on the current collector member (CCM);
an inner terminal plate (annotated Fig. 3B; ITP) located inside the cap plate (CP) and welded (Fig. 3B illustrates weld 162 extending to 121 and [0037] teaches that the weld extends through 120, ergo ITP is indirectly welded to 121) to the hollow type rivet (121); and
an external terminal plate (annotated Fig. 3B; ETP) located outside the cap plate (CP) and welded (Fig. 3B illustrates weld 162 extending to 121 and [0037] teaches that the weld extends through 120, ergo ETP is directly welded to 121) to the hollow type rivet (121),
wherein a thickness (annotated Fig. 3B; thickness of CCM in the X direction) of the current collector member (CCM) is larger than a thickness (annotated Fig. 3B; T1) of the hollow type rivet (121).
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.
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Martin (US-20100266893-A1) as applied to claim 1 above.
Regarding claim 9, Martin discloses an internal element (annotated Fig. 3B: I) between the cap plate (CP) and the sub-plate (SP). Martin fails to disclose that the internal element is an insulator.
Martin discloses a second embodiment (Fig. 6) wherein an internal element (Fig. 6; 470) is an internal insulator (“electric isolation”; [0043]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Martin by substituting the unknown material of the internal element for the insulator material of Martin’s second embodiment such that the internal element is an internal insulator. In doing so, one of ordinary skill in the art would reasonably expect to achieve a liquid-tight seal and electric isolation between the cap plate and side terminal as taught by Martin ([0043]).
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Regarding claim 10, Martin discloses wherein the internal insulator (I) comprises a support protrusion (annotated Fig. 3B above; SP2) between the cap plate (CP) and the electrode assembly (EA) to support (Fig. 3B) the cap plate (CP).
Claims 1, 2 and 4-10 are rejected under 35 U.S.C. 103 as being unpatentable over Yang (US 2020/0411807 A1) in view of Li (CN-109428017-A, machine translation used for rejection below).
Regarding claim 1, Yang discloses a secondary ([0002]) battery (Fig. 1; 10) comprising: an electrode assembly (Fig. 1; 12) comprising ([0058]) uncoated portion tabs (annotated Fig. 1; T; [0058]), each protruding in a lateral direction (annotated Fig. 1; LD);
a sub-plate (Fig. 4; 14) fixed ([0054]; [0060]; Fig. 1) to the uncoated portion tabs (T);
a case (Fig. 1; 11) having an opening (Fig. 1; opening of 11; “O”) in the lateral direction (LD) and coupling the electrode assembly (12) through (Fig. 1) the opening (O);
a side terminal (Fig. 8; 132); and a cap plate (Fig. 2; 131) through which the side terminal (132) passes (Fig. 8), the cap plate (131) coupled to (Fig. 1) the opening (O).
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Yang fails to disclose the sub-plate welded to the uncoated portion tabs, a current collector member electrically connected to the sub-plate; the side terminal welded on the current collector member.
Li discloses wherein a sub-plate (Fig.10; 501) is welded ([0079]) to an uncoated portion tab (Fig. 7; 310), a current collector member (Fig. 8; 530) is electrically connected (Fig. 8) to the sub-plate (501); a side terminal (Fig. 8; 21) is welded ([0079]) on the current collector member (530).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Yang by substituting the side terminal, and adding the current collector member and welding of Li to the invention of Yang such that the current collector member is between the side terminal and sub-plate, the sub-plate is welded to the uncoated portion tabs, the current collector member is electrically connected to the sub-plate; the side terminal is welded on the current collector member and the current collector member is welded on the sub-plate as taught by Li. In doing so, one of ordinary skill in the art would reasonably expect to improve the connection strength between the side terminal and the uncoated tabs and improve the reliability of the battery as taught by Li ([0079]).
Regarding claim 2, Yang in view of Li discloses wherein a thickness (Li annotated Fig. 8; T1) of the current collector member (Li 530) is larger (Li Fig. 8) than a thickness (Li annotated Fig. 8; T2) of the side terminal (Li 21).
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Regarding claim 4, Yang in view of Li discloses wherein the uncoated portion tabs (T) are located on upper (annotated Fig. 1; UP) and lower portions (annotated Fig. 1; LP) of the electrode assembly (12) so as to be spaced apart from each other (Fig. 1), and the sub-plate (14) comprises:
a first sub-region (Fig. 8; 141) electrically coupled (Fig. 8) to the current collector member (Li 530) and spaced apart (Fig. 1) from the electrode assembly (12);
second sub-regions (Fig. 8; 142 on each side) bent upward (annotated Fig. 8; in the direction U) and downward (annotated Fig. 8; in the direction D), respectively, from the first sub-region (141) and extending (Fig. 8); and
third sub-regions (Fig. 8; 14a) extending (Fig. 8) from the second sub-regions (142) and welded (Li [0079]) to the uncoated portion tabs (T).
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Regarding claim 5, Yang in view of Li discloses an elastic (“rubber”; [0067]) member (Fig. 8; 151, 152) between (Fig. 1; Fig. 8) the first sub-region (141) and the electrode assembly (12).
Regarding claim 6, Yang in view of Li discloses wherein the elastic member (15) comprises:
a first elastic region (annotated Fig. 8; 1ER) in close (Fig. 1; 15 is near 12) contact (Fig. 1; 152 indirectly contacts 12 through T) the electrode assembly (12);
second elastic regions (annotated Fig. 8; 2ER) bent upward (U) and downward (D), respectively, from the first elastic region (1ER) and extending (Fig. 8); and third elastic regions (annotated Fig. 8; 3ER) extending from (Fig. 8) the second elastic regions (2ER), respectively, to be in close (Fig. 8; 151 is near 141) contact (Fig. 8; 151 contacts 141) with the first sub-region
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(141).
Regarding claim 7, Yang in view of Li discloses wherein the elastic member (15) comprises an electrical insulator (“rubber”; [0067]).
Regarding claim 8, Yang in view of Li discloses wherein the elastic member (15) supports (15 is under and contacting 530 in the modification) the current collector member (Li 530) when the side terminal (Li 530) is welded (Li [0079]) to the current collector member (Li 530).
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Regarding claim 9, Yang in view of Li discloses an internal element (annotated Fig. 1; I) between the cap plate (131) and the sub-plate (14) but fails to explicitly disclose that the element is an insulator.
However, it would have been obvious to one of ordinary skill in the art that the internal element is an internal insulator because the battery would not function, i.e. it would short circuit, if it were not.
Li discloses an internal insulator (Fig. 5; 40; [0047]) between a cap plate (Fig. 5; 10) and a sub-plate (Fig. 5; 520).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Yang in view of Li by substituting the unknown material of the internal element for the insulating material of the internal insulator taught by Li such that the internal element was an internal insulator. In doing so, one of ordinary skill in the art would reasonably expect to insulate between the cap plate and the sub-plate as taught by Li (Fig. 5; [0047]).
Regarding claim 10, Yang in view of Li discloses wherein the internal insulator (I) comprises a support protrusion (annotated Fig. 1; SP) between the cap plate (131) and the electrode assembly (12) to support (Fig. 1) the cap plate (131).
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Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRACE A KENLAW whose telephone number is (571)272-1253. The examiner can normally be reached M-F 9:00 AM-6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette-Thompson can 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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/G.A.K./Examiner, Art Unit 1723
/NICOLE M. BUIE-HATCHER/Supervisory Patent Examiner, Art Unit 1725
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