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
Claims 3, 10-11, 13-17, and 20 have been amended; support for claims 3, 10, 11, 13-17 and 20 are found in at least original claims 1, 3, 10, 11, 13-17.
Claim 21 has been cancelled.
Claims 1-2 have been withdrawn.
Claim 27 has been added with support found in the original claims as filed. No new matter has been added.
Claims 3-19, 20, and 22-27 are currently pending and have been examined on the merits in this office action.
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.
Claims 3-13, 18-19, and 22-27 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2022/0231320 A1) in view of Kimura et al. (US 2016/0315296 A1) and Kwon et al. (US 2014/0079979 A1).
Regarding claim 3, Wang discloses a secondary battery comprising:
A first current collector (Figure 2; negative electrode 104);
A second current collector arranged to face the first current collector (Figure 2; positive electrode 103);
A cell stack, which is provided between the first and second current collectors, the cell stack comprising a plurality of stacked unit cells (Figure 2; multiple unit cells can be provided);
First and second fixing members spaced apart from each other, the first and second fixing members being configured to fix the cell stack (Figures 3-5; fixing members 105b; holding means 118);
A plurality of primary current collectors, provided on side surfaces of the cell stack, wherein at least two of the primary current collectors are connected to the first current collector, and a remainder of the primary current collectors are connected to the second current collector (Figures 3-4; positive and negative tabs 114/115 are seen to be provided at a side of the stack and form welding joints 111, 112); and
A case accommodating the first and second current collectors, the cell stack, the first and second fixing members, and the plurality of primary current collectors (Figure 8; cell 200 comprising a case of two parts that define the housing), wherein
At least one of the plurality of primary current collectors is on each of the linear side surface (Figure 3-4 linear sides are formed having the tabs that extend from the current collector and are read as at least one primary current collector), and
The first and second current collectors are on the cell stack between the first and second fixing members (Figures 3-4).
Wang discloses of linear sides that are parallel to each other, however, fails to disclose of a plurality of non parallel linear sides.
Kimura discloses a power storage device and is analogous with the instant invention as being within the same field of endeavor of battery cells. Kimura discloses a circular shape for a battery cell wherein the battery can have tabs extending from the battery cell. Kimura also discloses wherein the battery cell can have linear sides that are non-parallel wherein tabs extend from different non-parallel linear sides (Figure 5A; [0105]).
Therefore, it would have been obvious in view of a skilled artisan to modify the shape of the battery cell of Wang to include non-parallel linear sides as taught by Kimura as a simple change in shape of the electrode assembly. The resulting structure can have two electrode tabs extending from different non-parallel linear sides of the electrode assembly such as the orientation seen in Kimura Figure 5A and thus the orientation as claimed is rendered obvious in view of the combination as well as other configurations. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See In re Dailey, 149 USPQ 47 (CCPA 1976) (see MPEP § 2144.04).
Additionally, Wang fails to teach wherein of the first and second current collectors comprise a groove configured to accommodate portions of the first and second fixing members.
Kwon discloses a flexible secondary battery and is analogous with the instant invention as being within the same field of endeavor of secondary batteries. Kwon discloses wherein a fixing element and collector can have a groove that is recessed to allow for the fixing element to contact the outer surface of the metal current collectors (Figure 5a-5B; [0079]). Kwon further discloses wherein multiple embodiments can be used such as a groove being formed in the collector such that the fixing element is disposed into the groove thus fixing the electrode assembly together([0079]).
Therefore, it would have been obvious in view of a skilled artisan to modify the first and second current collectors to comprise a groove for which the fixing members can be inserted such that the electrodes and secondary battery are fixed together to prevent displacement within the battery. Thus all the claim limitations of claim 3 are rendered obvious through the modifications.
Regarding claim 4, modified Wang discloses all the claim limitations of claim 3. Wang further discloses wherein each of the first and second fixing members comprises a jig covering portion of the side surface of the cell stack and covering portion of the first and second surfaces of the cell stack, and the first and second fixing members are symmetrical (Figures 1, 3-4; covering portions cover the sides of the electrode stack and have regions that are symmetrical with each other; Figure 1 element 105 is symmetrical).
Regarding claim 5, modified Wang discloses all the claim limitations of claim 3. Wang further discloses wherein a number of primary current collectors present in the secondary battery is greater than or equal to four and less than or equal to a number of unit cells present in the stack (Figure 2). Examiner notes that the number of current collectors within the stack can be equal to the number of unit cells within the stack. Even if not, a skilled artisan can adjust the number of collectors within the stack to correlate to the number of unit cells and thus can be 4 or more collectors within the battery. It would have been obvious in view of a skilled artisan to duplicate/adjust the number of collectors/unit cells within the electrode stack to achieve a desired capacity for the secondary battery. The mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04).
Regarding claims 6-7, modified Wang discloses all the claim limitations of claim 3. Modified Wang further discloses wherein the current collectors comprises bonding portions connected to at least two primary current collectors (Wang Figures 3-4; welding joints 111 and 112 that connect the top collector with the plurality of tabs of the other collectors). Modified Wang discloses wherein a single bonding portion for each electrode is present, however, a skilled artisan can duplicate the number of tabs and welding joints such that the positive and negative electrodes have two welding joints that weld collector tabs together and are spaced apart from each other. The resulting modification would read on all the claim limitations of claim 6-7.
Regarding claim 8, modified Wang discloses all the claim limitations of claim 3. Kimura further discloses wherein the cell stack comprises a first side surface that is linear, and a second side surface that is linear , the second side surface being nonparallel with the first side surface and symmetrical to the first side surface (Figure 5A; the first and second sides are seen to be wherein the tabs extend and are linear and nonparallel with the first side and symmetrical with the first side),
Wherein two of the primary current collectors are provided on each of the first and second side surfaces ( Kimura Figure 5A and 2B; the plurality of current collectors are provided on each side to be electrically connected to the tabs; Wang Figures 3-4 and 7, wherein the tabs reading as the plurality of primary current collectors are connected and thus through the combination would read on the claim limitations of claim 8).
Regarding claim 9, modified Wang discloses all the claim limitations of claim 8. Kimura further discloses wherein the first side surface and the second side surface form an acute angle, a right angle, or an obtuse angle with each other (Kimura Figure 5A; obtuse angle).
Regarding claims 10-11, modified Wang discloses all the claim limitations of claim 8. Examiner notes that claims 10 and 11 appear to contain the same claim language and are identical to one another. Modified Wang further disclose wherein a first primary current collector of the two primary current collectors provided on the first side surface is connected to a portion of a current collector layer of a first electrode layer of each of the plurality of unit cells (Figure 3-4 positive and negative tabs 114/115 are seen to be provided at a side of the stack ). Modified Wang is silent with respect to a second primary current collector of two primary current collector is connected to a remaining portion of the current collector layer of the first electrode layer to which the first primary current collector of the two primary current collectors is not connected. The primary current collector of Wang is read to be the portion of the tabs and while only discloses one group of tabs, it would have been obvious in view of a skilled artisan to duplicate the tab groups that read as the primary current collectors such that two groups of primary current collectors are provided wherein the second layer is connected to a remaining portion of the first electrode layer in which the first primary current collector of the two primary current collectors are not connected. This would by a simple duplication of parts and arrangement within the battery absent evidence of criticality of unexpected results. The mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04). The mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
Regarding claim 12, modified Wang discloses all the claim limitations of claim 3. Wang further discloses wherein each of the first and second current collectors has a thickness corresponding to a distance between the cell stack and each of the first and second fixing members (Figures 1-4; thickness of the collectors are shown within the stack).
Regarding claim 13, modified Wang discloses all the claim limitations of claim 3. Modified Wang further discloses wherein the cell stack comprises:
A first side surface that is linear (Wang Figure 3-4 and Kimura Figure 5A, see modification of claim 3),
A second side surface that is linear and nonparallel with the first side surface (Kimura Figure 5A; modification of claim 3),
A third side surface that is linear and nonparallel with the first and second side surfaces (Kimura Figure 5A, any surface not containing the tabs extending can read as the third surface).
Modified Wang is silent with respect to wherein a fourth side surface is linear and nonparallel with the first through third side surfaces, however, it would have been obvious in view of a skilled artisan to change that shape of the fourth surface such that the fourth side surface is linear and nonparallel with any other side surface of the electrode assembly as a simple change in shape of the electrode assembly. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See In re Dailey, 149 USPQ 47 (CCPA 1976) (see MPEP § 2144.04).
Additionally, modified Wang is silent with respect to wherein one primary current collector is provided on each of the four side surfaces as Wang only has the collectors on two side surface, however, it would have been obvious for a skilled artisan to rearrange the electrode tab regions of the electrode stack such that each side surface has a current collector that extends as a simple rearrangement of the electrode tabs to be on multiple side surfaces. The mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04). Thus all the claim limitations of claim 13 are rendered obvious through the modification.
Regarding claim 18, modified Wang discloses all the claim limitations of claim 13. Modified Wang further discloses wherein the first and second side surfaces are symmetrical to the third and fourth side surfaces (see modification of claim 13; Wang Figures 3-4 and Kimura Figure 5A).
Regarding claim 19, modified Wang discloses all the claim limitations of claim 13. Modified Wang further discloses wherein one of the first and second side surfaces and one of the third and fourth side surfaces form an obtuse angle with each other (Kimura Figure 5A- obtuse angles are formed).
Regarding claims 22-23, modified Wang discloses all the claim limitations of claim 19. Modified Wang further discloses wherein a current collector layer of a first/second electrode layer of each of the plurality of unit cells is connected to the primary current collectors provided on the first and second /third and fourth side surfaces (Kimura Figure 5A and see modifications of claim 19; the collector layers and primary collectors can be applied to all of the side surfaces).
Regarding claim 24, modified Wang discloses all the claim limitations of claim 13. Wang further discloses wherein the cell stack occupies 85% or greater to less than 100% of an inner space of the case (Figure 6-9; Wang shows that almost all of the space inside is used to store the electrode assembly and tabs expect small portions at the end and thus appears to be almost all but less than 100% of the space and would read on the claimed range absent evidence of criticality or unexpected results).
Regarding claim 25-26, modified Wang discloses the battery of claim 3 and further discloses wherein an electronic apparatus such as a wearable device can include the battery and a control unit is configured in the electronic apparatus ([0001-0002] invention is for wear electronic devices and thus can contain both a control and electrical apparatus that uses the battery).
Regarding claim 27, modified Wang discloses all the claim limitations of claim 3. Wang further discloses wherein each of the first and second current collectors comprises:
A first groove configured to accommodate a portion of the first fixing member, and a second groove configured to accommodate a portion of the second fixing member (See modification of claim 3 as Kwon discloses wherein a fixing groove or multiple fixing grooves can be provided in each collector to fix and prevent displacement within the battery, Kwon Figures 5a-5B and [0079]).
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US 2022/0231320 A1) in view of Kimura et al. (US 2016/0315296 A1) and Kwon et al. (US 2014/0079979 A1) as applied to claim 19 above, and further in view of Maguire et al. (US 2015/0287968 A1).
Regarding claim 20, modified Wang discloses all the claim limitations of claim 19. Wang further discloses wherein each of the unit cells comprises:
A first electrode layer, A second electrode layer arranged to face the first electrode layer; A separator arranged between the first and second electrode layers; A first current collector layer in contact with the first electrode layer and arranged in a first direction; A second current collector layer in contact with the second electrode layer, spaced apart from the first current collector layer, and arranged in a second direction ([0047] Figures 1-4 active materials stacked on foils that are read as collectors with a separator between the electrodes and containing an electrolyte);and
An electrolyte supplied between the first and second electrode layers ([0047] electrolyte is filled in and between electrodes), and the first direction and the second direction form an acute angle, a right angle or an obtuse angle (See modification of claim 3; Kimura Figure 5A forms obtuse angles of the electrode assembly).
Wang is silent with respect to wherein the separator comprises position tabs for alignment of the first and second current collector layers.
Maguire discloses a battery pack array separator and is analogous with the instant invention as being within the same field of batteries. Maguire discloses wherein separators 64 have projections 94/68 and restraint tabs 102/106 to position adjacent cells and to prevent displacement of the battery cells relative to the separator within the battery cells ([0055-0059])
Therefore, it would have been obvious in view of a skilled artisan to modify the separator or Wang to include the restraint tabs as taught by Maguire to align the collector layers and prevent movement and displacement of the stacked layers within the battery cell as taught by Maguire. The resulting modification would render obvious all the claim limitations of claim 20.
Allowable Subject Matter
Claims 14-17 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Claim 14 discloses a structure in which the first primary current collector is provided on a first side surface, an a remaining portion of the current collector layer to which the portion of the current collector layer of the first electrode layer that is not connected is connected to the primary current collector provided on the side surface. Claim 14 depends upon claim 13 which has the limitation of wherein one primary current collector is provided on each of the four side surfaces. The closest prior art is considered to be Wang, discloses tabs on at least two sides, and through the combination of claim 13 can have tabs on all side surfaces, however, fails to teach nor render obvious the structure of claim 14 of the remaining portion of the first electrode layer is connected to a primary current collector on the second side surface wherein a primary current collector is also provided on the first side surface. Claim 15 is objected for depending upon claim 14. Claim 16 is objected as containing a similar structure to claim 14 except claims primary current collectors on the third and fourth side surfaces. Claim 17 is objected for depending upon claim 16.
Response to Arguments
Applicant's arguments filed 12/18/2025 have been fully considered but they are not persuasive. Applicant’s arguments are noted in view of the amended claims, however, the rejection has been updated rending the arguments moot, specifically applicant argues that the combination fails to disclose wherein the primary current collector is on each linear side of the electrode stack. This argument is not persuasive in view of the updated rejection as the updated rejection has taken into account the amendments to the claims and read on the claim limitations as claimed.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yebka et al. (US 2023/0033080 A1)-discloses a high capacity battery cell stack having 3electrode portions gather at side regions of the battery electrode stack.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Adam J Francis whose telephone number is (571)272-1021. The examiner can normally be reached M-Th: 7 am-4 pm EST.
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/ADAM J FRANCIS/Primary Examiner, Art Unit 1728