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 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 1, 3, 6-9 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2022002167 (to Fumika) in view of JP 2017506802 (hereinafter JP’802), in view of Nagano (US 2020/0365952 A1) in view of Choi et al. (US 2020/0388891 A1).
With respect to claim 1, Fumika teaches a secondary battery comprising: a laminate (5) (Figure 9) in which a positive electrode layer (10), and a negative electrode layer (20) are stacked (as illustrated below): and an exterior body (40) wrapping the laminate (5), wherein the exterior body (40) is formed by folding back one material for forming the exterior body (40) at a folding back portion (30a/30b), the exterior body (40) includes a housing portion (40) which includes the folding back portion (30a/30b) as a part thereof, and houses the laminate (5), and a peripheral edge portion (61, 62, 70, 71, 72, 73) around the housing portion (40), the peripheral edge portion (61, 62, 70, 71, 72, 73) includes a folding portion folded along the housing portion (40) and a bent portion (70, 72 & 70, 73) (as illustrated) – Figure 9 below is similar to instant Figure 8, and wherein
the folding portion (30a/30b) includes a first region extending from a connection portion (61/62) with the housing portion (40) to one side in a stacking direction of the laminate (5), and a second region extending from an end on the one side of the first region to the other side opposite to the one side (as illustrated in Figure 9 above).
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Fumika fails to teach providing an electrolyte layer within the laminate in which a positive electrode layer and a negative electrode layer are stacked, but rather teaches providing a liquid electrolyte. Nagano teaches a battery cell (Figure 3) comprising a laminate in which a positive electrode layer (101), an electrolyte layer (103), and a negative electrode layer (102) are stacked (para. [0036]-[0037]) (as illustrated) in order to minimize the size of the battery cell.
It would have been obvious to one having ordinary skill in the art at the time of filing for the invention to have the electrode body in Fumika include a laminate in which a positive electrode layer, an electrolyte layer, and a negative electrode layer are stacked, as taught by Nagano, in order to minimize the size of the battery cell.
Fumika fails to teach wherein the peripheral edge portion (61, 62, 70, 71, 72, 73), in the folding portion, the materials are not bonded to each other on a bent portion (70, 72 & 70, 73), and the materials are bonded to each other at portions other than the bent portion (70, 72 & 70, 73).
JP’802 teaches a secondary battery (Figures 1-7) comprising: an electrode assembly (30), an exterior body (20) wrapping the electrode assembly (30), wherein the exterior body (20) is formed by folding back one material for forming the exterior body (as illustrated in Figure 7) at a folding back portion (312 & 313) which includes a folding portion folded along the housing portion (as illustrated), and in the folding portion, the materials are not bonded to each other on a bent portion (321 & 322), and the materials are bonded to each other at portions (312, 313) other than the bent portion (321 & 322) in order to avoid unnecessary sealing to thereby minimize the volume of the battery cell pouch (page 5, last 13 lines).
It would have been obvious to one having ordinary skill in the art at the time of filing for the invention to have the peripheral edge portion in Fumika include a folding portion folded along the housing portion, and in the folding portion, the materials are not bonded to each other on a bent portion, and the materials are bonded to each other at portions other than the bent portion, as taught by JP’802, in order to avoid unnecessary sealing to thereby minimize the volume of the battery cell pouch.
Fumika and JP’802 fail to teach wherein a highly viscous fluid is applied between mutually facing surfaces of the material in the first region and the second region of the folding portion. Choi teaches a battery module comprising a plurality of battery cells (Figure 4) (10a & 10b), wherein a highly viscous fluid/(adhesive member) (Figure 3, 17) (para. [0058]) is applied between mutually facing surfaces of the material in the first region and the second region of the folding portion (2022) (as illustrated) in order to fix the surfaces to one another (para. [0058]).
It would have been obvious to one having ordinary skill in the art at the time of filing for the invention to apply a highly viscous fluid between mutually facing surfaces of the material in the first region and the second region of the folding portion in the battery of Fumika, as taught by Choi, in order to fix the surfaces to one another.
With respect to claim 3, Fumika teaches wherein the housing portion (40) has a rectangular shape when viewed from a stacking direction of the laminate (5), and the folding portion (30a/30b) is connected to one side of the rectangular shape of the housing portion (40) (as illustrated in Figure 2).
With respect to claim 6, Fumika teaches wherein the folding portion (30a/30b) includes a third region extending to the one side from an end on the other side of the second region to an edge of the peripheral edge portion (as illustrated in Figure 9 above).
With respect to claim 7, Fumika teaches wherein the first region and the third region are located on the laminate side relative to the second region (as illustrated in Figure 9 above).
With respect to claim 8, Fumika teaches wherein the second region extends
from a position of an end on the one side to a position of an end on the other side
of the laminate (5) in the stacking direction (as illustrated in Figure 9 above).
With respect to claim 9, Fumika teaches wherein a length from a connection
portion (61 & 62) between the folding portion (30a/30b) and the housing portion (40) to an edge portion of the folding portion (30a/30b) is substantially twice a length in a stacking direction of the laminate (as illustrated in Figure 9) – i.e. the unfolded length of folding portion (30a) measures twice the height of the laminate.
With respect to claim 11, Choi further teaches a battery module comprising a plurality of battery cells (Figure 4) (10a & 10b), and a cooling and heating unit (20) configured to cool or heat the secondary battery (10a & 10b) (para. [0109]-[0111]).
With respect to claim 12, Choi further teaches:
a first heat transfer member (90) disposed between the secondary battery (10a & 10b) and the cooling and heating unit (20) (at the top end); and
a second heat transfer member (90) disposed on an opposite side (at the bottom) of the first heat transfer member (90) with the secondary battery (10a & 10b) interposed therebetween, wherein the second heat transfer member (90) is in contact with the folding portion (2022) (as illustrated).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1, 3, 6-9 and 11-12 have been considered but are moot because the new ground of rejection set forth above is necessitated by applicant’s amendments to the claims which changed the combination of limitations of claims 1 and 5 and 10; in addition, original claim 10 recites different limitations from those underlined in instant claim 1.
Conclusion
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.
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/KAITY V CHANDLER/ 8/19/2026Primary Examiner, Art Unit 1725
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