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 1, 4-14, 18-19, and 21-25 are under examination.
Claims 2-3, and 15-17 are cancelled.
Claim 20 has been withdrawn.
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.
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.
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 1, 7-9, 10-14, 18-19, 21-22, and 25 are rejected under 35 U.S.C. 103 as being unpatentable over the machine translation of Tang (CN 214203834 U) and further in view of Otohata (US 20040175611 A1).
Regarding Claim 1, Tang teaches:
A battery cell (Fig. 3-6), comprising:
a housing (item 250, battery cell assembly);
a first electrode assembly, disposed in the housing (para. 51, soft-packed battery 120-2)
wherein the first electrode assembly comprises a first body structure (para. 51, the structure of the body is defined), and a first positive tab and a first negative tab that extend from the first body structure (see annotated fig. 5 below);
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and a second electrode assembly, disposed in the housing, wherein the second electrode assembly comprises a second body structure, and a second positive tab and a second negative tab that extend from the second body structure; (Fig.5, 120-4)
Tang does not teach a first adapter and a second adapter.
Tang teaches one adapter that serves as the connection for both the positive and negative posts. The addition of a second adapter to connect the negative tabs, would have been obvious to one having ordinary skill in the art at the time the invention was made. Mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 124 USPQ 378, 380 (CCPA 1960). Further, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Therefore, Tang teaches:
an adapter (item 110), the first positive tab (Fig. 5, circled portion of item 122) and the second positive tab (Fig. 5, positive tab of electrode assembly 120-4) are both connected to the first adapter (Fig. 5, both positive tabs of assembly 120-2 and 120-4 are connected to item 110)
an adapter (item 110), the first negative tab (Fig. 5, negative tab that extends from assembly 120-2) and the second negative tab (Fig. 5, negative tab that extends from assembly 120-4) are both connected to the adapter (Fig. 5, both negative tabs are connected to the adapter - item 110)
Tang further teaches:
a positive post (item 112) that is electrically connected to the first positive tab (connected to circled portion of item 122) and the second positive tab (Fig. 5, on the side of cell 120-4 which is not completely shown in Fig. 5) through the adapter (item 110 connection as shown in Fig. 5)
a negative post (item 113) that is electrically connected to the first negative tab (Fig. 5, tab extending from item 123 of assembly 120-2) and the second negative tab (Fig. 5, tab extending from item 123 of assembly 120-4)).
wherein the first body structure (Fig. 3 below, item 120-2) and the second body structure (Fig. 3 below, item 120-4) are spaced out along a first direction (the first and second body structures are spaced along direction C, see Fig. 3),
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the first positive tab and the first negative tab are disposed at an end of the first body structure (See Fig 3 and 5, the tabs are at the end of the structure 120-2)
wherein the end of the first body structure (120-2) is closer to the second body structure (120-4) along the first direction (See Fig 3 and 5, the ends [where the tabs are located] are closer to each other along the first direction (C direction)); and the second positive tab and the second negative tab are disposed at an end of the second body structure (See Fig 3 and 5, the second positive and negative tabs are disposed at an end of the second body structure).
wherein the end of the second body structure (Fig. 3, item 120-4) is closer to the first body structure (Fig. 3, item 120-2) along the first direction (See Fig 3 and 5, the ends [where the tabs are located] are closer to each other along the first direction (C direction))
an axis direction of the positive post and the negative post is perpendicular to the first direction (the positive and negative posts are lined in a direction that is perpendicular to the first direction (Fig. 3 below, C direction)).
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Tang does not teach wherein the positive post is mounted on a first end face of the housing, the negative post is mounted on a second end face of the housing, the first end face is disposed opposite to the second end face, and both the first end face and the second end face are parallel to the first direction.
Otohata, in the same field of endeavor, batteries, teaches that the positive and negative posts can “extend from the same side of the casing, film covered battery” or that “the positive lead terminal and negative lead terminal [can] extend from opposite sides of [the] film covered battery” (para. 0063); and therefore, teaches that the positive post is mounted on a first end face of the housing, the negative post is mounted on a second end face of the housing, the first end face is disposed opposite to the second end face, and both the first end face and the second end face are parallel to the first direction.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have the positioned Tang’s positive post on the opposite side from the negative post in a parallel direction, as taught by Otohata, in order to have posts of larger widths and/or to reduce the electric resistance of the terminals and accordingly suppress a loss due to positive and negative posts, as taught by Otohata (para. 0064).
Tang does not teach that:
the first direction is a width of the housing.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have designed the specific dimensions of the battery cell according to the battery’s application. In Gardnerv.TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Regarding claim 7, modified Tang discloses the battery cell according to claim 1, wherein the first adapter comprises a first connector extending in a direction perpendicular to the first direction (Fig. 5, item 140-2 is attached to the adapter and extends perpendicular to the first direction to connect to the adapter), the first connector is connected to the first positive tab and the second positive tab, an end that is of the first connector and that is closer to the positive post is connected to the positive post (para. 67, [one end of the conductor 140-2 is electrically connected to the circuit on the left side of the adapter plate]).
Examiner notes that the first connector is connected to the positive tabs and positive post via the adapter.
Regarding claim 8, modified Tang discloses a first adapter as discussed above in claim 1.
Furthermore, Tang discloses the battery cell according to claim 2, and further discloses wherein the adapter comprises a third connector extending in a direction perpendicular to the first direction [item 140-1], the third connector is connected to the first negative tab and the second negative tab, an end that is of the third connector and that is closer to the negative post is connected to the negative post ((para. 67, [one end of the conductor 140-2 is electrically connected to the circuit on the left side of the adapter plate]));
Examiner notes that the first connector is connected to the negative tabs and negative post via the adapter.
Regarding claim 9, modified Tang discloses the battery cell according to claim 1, further comprising a first insulation structure disposed in the housing, wherein the first insulation structure electrically isolates the positive post from the housing (Fig. 6, item 251); and further comprising a second insulation structure disposed in the housing, wherein the second insulation structure electrically isolates the negative post from the housing (Fig. 6, item 252) (para. 77, [between the wall of the cylindrical structural member 250 and the side surfaces of the plurality of stacked soft-pack batteries 120 and between adjacent soft-pack batteries 120 are filled with flexible buffer material]).
Regarding claim 10, modified Tang discloses the battery cell according to claim 1, further comprising a support plate (item 130, [battery protection plate]), wherein the support plate is disposed between the housing and an end that is of the second body structure and that is away from the first body structure (Fig. 3 and 6, [the battery protection plate – 130 is disposed between the housing – 250 and the second body structure [cell 120-4], which is away from the first body structure [cell 120-2]).
Regarding claim 11, modified Tang discloses the battery cell according to claim 10, wherein the support plate [item 130] is insulated from the housing [item 250] (Fig. 6, the support plate is insulated by items 251, 252, 253, and 254), and an end that of the first body structure that is away from the second body structure, is insulated from the housing (as discussed in claim 10 above, the second body structure is insulated from the housing by items 251 and 252).
Regarding claim 12, modified Tang discloses the battery cell according to claim 1. Tang does not teach a battery cell further comprising a bracket, wherein the bracket serves as a support between the first electrode assembly and the second electrode assembly.
An alternative embodiment of Tang (Fig. 9) teaches a battery cell comprising a bracket ([item 440], wherein the bracket serves as a support between the first electrode assembly and the second electrode assembly (connected to the second electrode assembly via item 430) serves as support between the two electrode assemblies.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have added a bracket connected to the adapter board of Tang’s module, in order to electrically connect the battery cell core to the protection board, as taught by Tang (para. 99).
Regarding claim 13, modified Tang teaches the battery cell according to claim 12, and further teaches wherein the bracket comprises a first support structure, a second support structure, and a third support structure (see Fig. 9 below) connected between the first support structure and the second support structure (see Fig. 9 below), the first support structure serves as a support between the first body structure and the first positive tab and a support between the first body structure and the first negative tab (Fig. 9 shows how the bracket structurally supports the connection between the first body structure and the battery protection plate, which is connected to the adapter and first positive tab and first negative tab), and the second support structure serves as a support between the second body structure and the second positive tab and a support between the second body structure and the second negative tab (Fig. 9 shows how the bracket structurally supports the connection between the second body structure via the battery protection plate, which is connected to the adapter and second positive tab and second negative tab).
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Regarding claim 14, modified Tang teaches the battery cell according to claim 1, and further teaches wherein the first body structure [item 120-2] is formed by winding together a first positive electrode plate [item 121- positive electrode], a first negative electrode plate [item 123 – negative electrode], and the first direction is parallel to a winding centerline of the first body structure (direction C is parallel to the centerline of the first body structure – See Fig. 3).
Examiner notes that a separator would be inherent within a battery cell comprised of a positive electrode a negative electrode; thereby reading on the separator limitation of claim 14.
(a separator located between the first positive electrode plate and the first negative electrode plate)
The forming of the structure by winding is a product by process. Regarding the recitation of “forming of the structure by winding”, it is noted that that the determination of patentability is determined by the recited structure of the apparatus and not by a method of making said structure. A claim containing a recitation with respect to the manner in which a claimed apparatus is made does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2113.”
Regarding claim 18, Tang discloses a battery (item 200, battery module), comprising
a battery cell (Fig. 3-6), including:
a housing (item 250, battery cell assembly);
a first electrode assembly, disposed in the housing (para. 51, soft-packed battery 120-2)
wherein the first electrode assembly comprises a first body structure (para. 51, the structure of the body is defined), and a first positive tab and a first negative tab that extend from the first body structure (see annotated fig. 5 below);
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and a second electrode assembly, disposed in the housing, wherein the second electrode assembly comprises a second body structure, and a second positive tab and a second negative tab that extend from the second body structure; (Fig.5, 120-4)
Tang does not teach a first adapter and a second adapter.
Tang teaches one adapter that serves as the connection for both the positive and negative posts. The addition of a second adapter to connect the negative tabs, would have been obvious to one having ordinary skill in the art at the time the invention was made. Mere duplication of parts has no patentable significance unless a new and unexpected result is produced. In re Harza, 124 USPQ 378, 380 (CCPA 1960). Further, it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. St. Regis Paper Co. v. Bemis Co., 193 USPQ 8.
Therefore, Tang teaches:
an adapter (item 110), the first positive tab (Fig. 5, circled portion of item 122) and the second positive tab (Fig. 5, positive tab of electrode assembly 120-4) are both connected to the first adapter (Fig. 5, both positive tabs of assembly 120-2 and 120-4 are connected to item 110)
an adapter (item 110), the first negative tab (Fig. 5, negative tab that extends from assembly 120-2) and the second negative tab (Fig. 5, negative tab that extends from assembly 120-4) are both connected to the adapter (Fig. 5, both negative tabs are connected to the adapter - item 110)
Tang further teaches:
a positive post (item 112) that is electrically connected to the first positive tab (connected to circled portion of item 122) and the second positive tab (Fig. 5, on the side of cell 120-4 which is not completely shown in Fig. 5) through the adapter (item 110 connection as shown in Fig. 5)
a negative post (item 113) that is electrically connected to the first negative tab (Fig. 5, tab extending from item 123 of assembly 120-2) and the second negative tab (Fig. 5, tab extending from item 123 of assembly 120-4)).
wherein the first body structure (Fig. 3 below, item 120-2) and the second body structure (Fig. 3 below, item 120-4) are spaced out along a first direction (the first and second body structures are spaced along direction C, see Fig. 3),
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the first positive tab and the first negative tab are disposed at an end of the first body structure (See Fig 3 and 5, the tabs are at the end of the structure 120-2)
wherein the end of the first body structure (120-2) is closer to the second body structure (120-4) along the first direction (See Fig 3 and 5, the ends [where the tabs are located] are closer to each other along the first direction (C direction)); and the second positive tab and the second negative tab are disposed at an end of the second body structure (See Fig 3 and 5, the second positive and negative tabs are disposed at an end of the second body structure).
wherein the end of the second body structure (Fig. 3, item 120-4) is closer to the first body structure (Fig. 3, item 120-2) along the first direction (See Fig 3 and 5, the ends [where the tabs are located] are closer to each other along the first direction (C direction))
an axis direction of the positive post and the negative post is perpendicular to the first direction (the positive and negative posts are lined in a direction that is perpendicular to the first direction (Fig. 3 below, C direction)).
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Tang does not teach wherein the positive post is mounted on a first end face of the housing, the negative post is mounted on a second end face of the housing, the first end face is disposed opposite to the second end face, and both the first end face and the second end face are parallel to the first direction.
Otohata, in the same field of endeavor, batteries, teaches that the positive and negative posts can “extend from the same side of the casing, film covered battery” or that “the positive lead terminal and negative lead terminal [can] extend from opposite sides of [the] film covered battery” (para. 0063); and therefore, teaches that the positive post is mounted on a first end face of the housing, the negative post is mounted on a second end face of the housing, the first end face is disposed opposite to the second end face, and both the first end face and the second end face are parallel to the first direction.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have the positioned Tang’s positive post on the opposite side from the negative post in a parallel direction, as taught by Otohata, in order to have posts of larger widths and/or to reduce the electric resistance of the terminals and accordingly suppress a loss due to positive and negative posts, as taught by Otohata (para. 0064).
Tang does not teach that:
the first direction is a width of the housing.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have designed the specific dimensions of the battery cell according to the battery’s application. In Gardnerv.TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Regarding claim 19, modified Tang discloses an electrical device, comprising the battery according to claim 18, wherein the battery supplies electrical energy to the electrical device (para. 31).
Regarding claim 21, modified Tang teaches the battery cell according to claim 1, wherein: the first positive tab and the first negative tab are each bent to form a first U-shaped structure (See Fig. 5, of item 120-2, items 122 and 123 have a U-shaped design), and the second positive tab and the second negative tab are each bent to form a second U-shaped structure (See Fig. 5, of item 120-4, items 122 and 123 have a U-shaped design) facing the first U-shaped structure (both the first and second positive and negative tabs face the adapter plate [item 110] and therefore face each other) (See below for an example of the U-shape).
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Regarding the recitation of a method that “the first positive tab and the first negative tab are each bent to form a first U-shaped structure” it is noted that that the determination of patentability is determined by the recited structure of the apparatus and not by a method of making said structure. A claim containing a recitation with respect to the manner in which a claimed apparatus is made does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2113.
Regarding claim 22, modified Tang teaches the battery cell according to claim 21, further comprising: the adapter positioned between the first U-shaped structure formed by the first positive tab and the second U-shaped structure formed by the second positive tab (Tang, Fig. 3, the adapter of modified Tang is positioned between the first U-shape and second U-shaped structure); and the adapter positioned between the first U-shaped structure formed by the first negative tab and the second U-shaped structure formed by the second negative tab (Tang, Fig. 3, the adapter of modified Tang is positioned between the first U-shape and second U-shaped structure).
Regarding claim 25, modified Tang teaches the battery according to claim 18, wherein: the first positive tab and the first negative tab are each bent to form a first U-shaped structure (See Fig. 5, of item 120-2, items 112 and 113 have a U-shaped design) and the second positive tab and the second negative tab are each bent to form a second U-shaped structure (See Fig. 5, of item 120-4, items 112 and 113 have a U-shaped design) facing the first U-shaped structure (both the first and second positive and negative tabs face the adapter plate [item 110] and therefore face each other).
Regarding the recitation of a method that “the first positive tab and the first negative tab are each bent to form a first U-shaped structure” it is noted that that the determination of patentability is determined by the recited structure of the apparatus and not by a method of making said structure. A claim containing a recitation with respect to the manner in which a claimed apparatus is made does not differentiate the claimed apparatus from a prior art apparatus if the prior art apparatus teaches all the structural limitations of the claim. See MPEP 2113.
Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over the machine translation of Tang (CN 214203834 U) and further in view of Otohata (US 20040175611 A1) and Kitaoka (US 20190181416 A1).
Regarding claim 4, modified Tang teaches the battery cell according to claim 1. Modified Tang does not teach further comprising a first end cap and a second end cap, wherein a first opening is disposed on the first end face of the housing, a second opening is disposed on the second end face of the housing, the first end cap seals the first opening, and the second end cap seals the second opening.
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Kitaoka, in the same field of endeavor, batteries, teaches a battery cell comprising a positive terminal [item 7], a first end cap (item 2, [sealing plate], See Figure 2 below), a negative terminal [item 9] and a second end cap (item 2, See Figure 2 below), wherein a first opening is disposed on the first end face of the housing, a second opening is disposed on the second end face of the housing (Fig. 2 shows that the end caps are on opposite sides of the housing), the first end cap seals the first opening, and the second end cap seals the second opening (Fig. 2, the openings are sealed by the end caps as shown in fig. 1).
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have included the terminals and end cap assemblies to Tang’s battery, as taught by Kitaoka, in order to have terminals with end caps that seal the opening of the electrode body, as taught by Kitaoka (para. 0011).
The end caps of Kitaoka include a sleeve [items 11 and 13], inner posts [7b, 9b], and outer posts [7a, 9a].
Regarding claim 5, modified Tang teaches the battery cell according to claim 4, and Tang further teaches that the first adapter is connected to a first end of the first post (See Fig. 5).
Tang does not teach a battery cell comprising a first sleeve, wherein the positive post comprises a first inner post and a first outer post, the first sleeve is mounted on the first end cap, the first outer post is disposed on an outer side of the first end cap and connected to the first sleeve, the first adapter is connected to a first end of the first inner post, and a second end of the first inner post passes through the first sleeve and is connected to the first sleeve on an outer side of the housing.
Kitaoka teaches a battery cell comprising a first sleeve [item 11], wherein the positive post comprises a first inner post [item 7b] and a first outer post [item 7a], the first sleeve is mounted on the first end cap [item 11 is mounted on item 2], the first outer post is disposed on an outer side of the first end cap [Fig. 2, item 7a is on an outer side of the first end cap] and connected to the first sleeve (Fig. 2, [item 7a is connected to item 11]), and a second end of the first inner post [end of 7b] passes through the first sleeve [end of 7b passes through item 11] and is connected to the first sleeve on an outer side of the housing [7b passes though the sleeve and is connected to item 11 via item 7a]).
Regarding claim 6, modified Tang teaches the battery cell according to claim 4, and Tang further teaches that the adapter is connected to a second end of the second post (See Fig. 5).
Tang does not teach a battery cell comprising a second sleeve [item 13], wherein the negative post comprises a second inner post [item 9b] and a second outer post [item 9a], the second sleeve is mounted on the second end cap [item 13 is mounted on the second end cap – See Fig. 2], the second outer post is disposed on an outer side of the second end cap (See Fig. 2) and connected to the second sleeve [item 9a is connected to item 13], and the second end of the second inner post passes through the second sleeve and is connected to the second sleeve on an outer side of the housing (See Fig. 2 – 9b passes through item 13 and is connected to item 13 on the outer side of the housing).
Claims 23-24 are rejected under 35 U.S.C. 103 as being unpatentable over the machine translation of Tang (CN 214203834 U) and further in view of Otohata (US 20040175611 A1) and Zhang (US 20210074963 A1).
Regarding claim 23, modified Tang teaches the battery cell according to claim 21.
Modified Tang teaches such that the first body structure and the second body structure are spaced out along the first direction (see claim 1)(the first [120-2] and second body [120-4] structures are spaced along direction C, see Fig. 3).
Modified Tang does not teach a battery cell further comprising: a bracket, wherein the bracket is disposed between the first electrode assembly and the second electrode assembly, a portion of the bracket is inserted into the first U-shaped structure and the second U-shaped structure, and the bracket supports the first electrode assembly and the second electrode assembly such that the first body structure and the second body structure are spaced out along the first direction.
Zhang, in the same field of endeavor, batteries, teaches:
a bracket (Zhang, Fig. 6, item 30) (Zhang, para. 0052, item 30)
a portion of the bracket is inserted into the first U-shaped structure (Zhang, Fig. 6 shows a portion of item 30 is inserted into item 220 [U-shaped tab])
and the bracket supports the first electrode assembly (Zhang, para. 0052, item 30 contains a first connection portion [item 31] … and item 31 ensures the connection stability between the electrode terminal and the tab)
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have inserted a bracket into each of Tang’s positive and negative tabs, as taught by Zhang, in order to ensure the connection stability between the electrode terminal and the tab, as taught by Zhang (para. 0052, [ensures the connection stability between the electrode terminal and the tab]).
Therefore, modified Tang teaches:
a portion of the bracket is inserted into the second U-shaped structure (Zhang, Fig. 6 shows a portion of item 30 is inserted into item 220 [U-shaped tab])
wherein the bracket is disposed between the first electrode assembly and the second electrode assembly (adding the bracket to tab of modified Tang places the bracket between the first electrode assembly and the second electrode assembly)
the bracket supports the second electrode assembly (Zhang, para. 0052, item 30 contains a first connection portion [item 31] … and item 31 ensures the connection stability between the electrode terminal and the tab)
Regarding claim 24, modified Tang teaches the battery cell according to claim 1.
Modified Tang does not teach wherein the axis direction is a length of the housing.
It would have been obvious to a person of ordinary skill in the art, before the effective filing date of the claimed invention, to have designed the specific dimensions of the battery cell according to the battery’s application. In Gardnerv.TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Response to Arguments
Applicant's arguments filed 1/14/2026 have been fully considered but they are not persuasive.
Regarding the claim status, please see Claim Status section above.
Regarding the arrangement direction of the electrode assembly of the instant is different from the prior art:
Examiner responds by stating that the electrode assemblies of Tang are arranged along a first direction, which is direction C as shown in the rejection of claim1 above. The ends of the tabs of the first body structure and the ends of the tabs of the second body structure face each other, similarly to the instant application.
Regarding the positive and negative posts being mounted on a first and second end face of the housing, and both the first end face and the second end face are parallel to the first direction:
Examiner responds by stating that Otohata teaches that “the positive lead terminal and negative lead terminal [can] extend from opposite sides of [the] film covered battery” (Otohata, para. 0093), and therefore the combined teachings of Tang and Otohata teach the positive post mounted on a first end facing the housing, the negative post is mounted on a second end face of the housing, and the first end face and the second end face are opposite to each other and are both parallel to the first direction (direction C) (see claim 1 rejection).
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.
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/V.G./Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721