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 .
Response to Arguments
Applicant’s arguments have been considered but are not persuasive. Specifically, what is considered the “separator protruding portions” may be considered to include the first layer 132 of the protection film 130 of the prior art of record in a manner which Seong still anticipates the claimed as amended. Alternatively, the thermal bonding of the prior art (Seong - paragraph [0058]) is reasonably considered to cause the portions of the separator of the prior art to mutually and directly fuse to each other, because regardless of the presence of the first layer 124, as the polymer layers of the prior art melt together in a manner which causes an indistinguishable structure from that of the instant claims.
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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 recites “wherein two or more tabs are led out from one end face of the battery element, and the fixing member is disposed between adjacent tabs.” However, it is unclear whether “adjacent tabs” are meant to directly refer back to the “two or more tabs” that are led out from one end face because the claims lack antecedent basis establishing language, and whether such relate back to “a tab” recited in claim 1. For the purpose of examination, the claims are presumed to read “wherein the tab includes two or more tabs which are led out from one end face of the battery element, and the fixing member is disposed between adjacent tabs of the two of more tabs.”
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1 and 5 are rejected under 35 U.S.C. 102(a)(1 or 2) as being anticipated by Seong (US Pub 2016/0043374 of record).
In regard to claim 1 and 5, Seong teaches a wound type (figure 1) battery comprising:
a battery element in which a positive electrode (first electrode plate 121, 221) and a negative electrode (second electrode plate 123, 223) are laminated with a separator (separators 125, 225, first layer of protective film 132) interposed therebetween;
a fixing member (second layer of protection film 130, 230) disposed on an end face where the laminated surface of the battery element is exposed; and
a tab (electrode tabs 126, 128, 226, 228) led out from one end face of the battery element;
wherein the separator 125, 225, 130 includes separator protruding portions that protrude from the end face of the battery element (figure 2);
the separator protruding portions are mutually and directly fused to each other at one of the one end face or another end face opposite to the one end face (fusion to other separators and protection film 130); and
the separator 125, 225 positioned around the tab 126, 128, 226, 228 on the one end face (top of assembly in figure 1, by cap plate 150) is not mutually fused with the one end face (paragraphs [0041-0072]),
the fixing member 230 is attached in a U-shape and covers a part of at least one of the end faces (figure 5).
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Seong as applied to claim 1 above, and further in view of Lee (US Pub 2006/0093902 newly cited).
In regard to claim 8, Seong teaches the battery as applied above where the tabs 126 and 128 are led out from on end face of the battery element 120, but does not specify that the fixing member is disposed between the adjacent tabs. However, Lee teaches a wound similar battery including a battery element 200a, with electrodes 210, 220 separated by a separator 230, and the desirability to include a U-shaped fixing member (deformation strap 600 with ends 600a, 600b) on both the bottom end face and the top surface end face in between the adjacent tabs 215 and 225 because such helps prevent deformation in the electrode assembly (paragraphs [0051-0053], figure 4a annotated below).
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Therefore, it would have been obvious to one of ordinary skill in the art at or before the effective filing date of the claimed invention filed to extend the U-shaped fixing member of Seong in between the adjacent electrode tabs as such helps prevent deformation in the battery electrode assembly as taught by Lee.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jeung et al. (US Pub 2007/0154790 of record) teaches bending and heat-treating separators protruding from an 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 Nicholas P D'Aniello whose telephone number is (571)270-3635. The examiner can normally be reached Monday to Friday 9am to 5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tong Guo can be reached at 571-272-3066. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS P D'ANIELLO/Primary Examiner, Art Unit 1723
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