DETAILED ACTION
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, 7-9, and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 20220029192 A1 (Lee ‘192).
Regarding claim 1, Lee ‘192 teaches an electrochemical apparatus (a pouch type secondary battery 1; [0050] & Fig. 2), comprising: a package housing (a pouch type battery case 13; [0050] & Fig. 2); wherein the packaging housing comprises a first package body (a first case 131; [0053] & Fig. 2) and a second package body (a second case 132; [0053] & Fig. 2), the first package body and the second package body being integrally structured (the first case 131 and the second case 132 are thermally fused, i.e., connected; [0053]); wherein the first package body and the second package body are joined to form an accommodating portion (the first case 131 and the second case 132 have a cup part 133 to accommodate the electrode assembly 10 therein; [0055] & Fig. 2) and a sealing portion connected to the accommodating portion (sealing parts 134 are disposed on edges of the first case 131 and the second case 132; [0057] & Fig. 4);
the first package body comprises a first recess (the first case 131 has a first cup part 1331; [0055] & Fig. 2) and a first sealing edge connected to the first recess (sealing part 134 is connected to the first cup part 1331; [0057] & Fig. 4), and the second package body comprises a second recess (the second case 132 has a second cup part 1332; [0055] & Fig. 2) and a second sealing edge connected to the second recess (sealing part 134 is also connected to the second cup part 1332; [0057] & Fig. 4), wherein the first recess and the second recess are joined to form the accommodating portion (the first cup part 1331 and the second cup part 1332 are respectively provide in the first case 131 and the second case 132 to provide an accommodation space in which the electrode assembly 10 is accommodated; [0055] & Fig. 2), and the first sealing edge and the second sealing edge are joined to form the sealing portion (when the two cup parts 133, i.e., the first cup part 1331 and the second cup part 1332 face each [AltContent: textbox (Annotated)]other, the sealing parts 134 of the battery case 13 are sealed; [0060]; Fig. 3; Fig. 7);
a direction perpendicular to a surface of the sealing portion is a first direction (x direction in annotated Fig. 14), wherein, when viewed from the first direction, the accommodating portion comprises a first edge formed by the integral connection of the first package body and the second package body (a first edge 111 in annotated Fig. 14), and a second edge opposite to the first edge in a second direction (a second edge formed at the bottom of Fig. 14 opposite to the first edge formed at the top in the y direction); and the sealing portion comprises a third edge connected to the first edge (folding part 136 corresponds to the third edge; [0081] Fig. 10), wherein an extending direction of the first edge is a third direction (the first edge 111 extends in the z direction of annotated Fig. 14); and the first direction, the second direction, and the third direction are perpendicular to each other (the x, y, and z directions are perpendicular to each other; annotated Fig. 14); and
in a second direction (x direction), distance between the first edge and the second edge is d1, and a distance between the third edge and the second edge is d2, wherein d2≤d1 (as shown in annotated Fig. 14, the third edge/folding part 136 has a distance from the second edge 112 that is equal to the distance d1 between the first edge and the second edge).
Regarding claim 2, Lee ‘192 teaches the electrochemical apparatus according to claim 1, wherein the first edge comprises a first section extending in the third direction (as shown in annotated Fig. 14, the first edge 111 has a portion extending in the z direction connected to β) and a second section connected to the first section (the second section β is connected to the first section extending from the first edge 111; annotated Fig. 14) and having an angle of β with the third direction (second section β has an angle with the z direction; annotated Fig. 14), and the second direction is connected to the third edge (second section β is also connected to the third edge 136; annotated Fig. 14), wherein 0° ≤ β ≤ 180° (the angle of second section β falls within the angle β being greater than or equal to 0° or less than or equal to 180°; annotated Fig. 14).
Regarding claim 3, Lee ‘192 teaches the electrochemical apparatus according to claim 2, wherein the second section is arc shaped (the second section β is arc shaped; annotated Fig. 14).
Claims 7, 8, and 9 are considered product-by-process claims. The cited prior art teaches all of the positively recited structure of the claimed apparatus or product. The determination of patentability is based upon the apparatus structure itself. The patentability of a product or apparatus does not depend on its method of production or formation. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (see MPEP § 2113).
Regarding claim 7, Lee ‘192 teaches the electrochemical apparatus according to claim 1, wherein the package housing is formed by arranging a plane where the first sealing edge is located and a pane where the second edge is located into a V-shaped structure (see the V-shaped structure of Fig. 7 with sealing parts 134, each sealing part 134 located on a plane) having an included angle of α and then joining the first sealing edge and the second sealing edge, wherein 105° ≤ α ≤ 165° (product by process; see [0012] of the present specification discussing the formation of the package housing through a punching and drawing process prior to joining the first package body and the second package body).
Regarding claim 8, Lee ‘192 teaches the electrochemical apparatus according to claim 7, wherein 120° ≤ α ≤ 150° (the angle α is considered a product by process limitation, because the angle α is related to the formation process of the package housing before joining the first package body and the second package body).
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Regarding claim 9, Lee ‘192 teaches the electrochemical apparatus according to claim 7, wherein the package housing, the plane where the first sealing edge is located, and the plane where the second sealing edge is located are arranged into the V-shaped structure (see the V-shaped structure of Fig. 7 with sealing parts 134, each sealing part 134 located on a plane) having an included angle of α through formation of the first recess and the second recess (product by process; see [0012] of the present specification discussing the formation of the package housing through a punching and drawing process prior to joining the first package body and the second package body).
Regarding claim 13, Lee ‘192 teaches an electronic apparatus, wherein the electronic apparatus comprises the electrochemical apparatus (secondary batteries are applied and used in small-sized products such as cameras, mobile phones, and power tools, as well as large-sized products such as electric vehicles ([0003]), for example, wherein the secondary battery of Lee ‘192 is to be applied or used in a device that requires a secondary battery) according to claim 1 (see claim 1 above; also see [0057] of the present specification).
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 4 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over US 20220029192 A1 (Lee ‘192) in view of US 20180316041 A1 (Horikoshi ‘041).
Regarding claim 4, Lee ‘192 teaches the electrochemical apparatus according to claim 1, wherein the case may be made of a metal or a plastic material having a predetermined shape ([0005]), but does not disclose that the accommodating portion is cylindrical.
Horikoshi ‘041 discloses a film outer package battery, similar to the case of Lee ‘192, which includes a substantially cylindrical wound electrode body 1, a substantially cylindrical housing portion 2W for housing the electrode body 1, an outer package member 2 having a film shape and including seal portions 2P, 2Q, and 2R that are provided on three sides of the periphery of the housing portion 2W excluding a folded portion 2D on a first peripheral surface side ([0032] & Fig. 2).
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Therefore, it would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to configure the cup part in the battery case of the electrochemical apparatus, as taught by Lee ‘192, to be substantially cylindrical to house a substantially cylindrical wound electrode body, as suggested by Horikoshi ‘041, because 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 1966) (see MPEP § 2144.04).
Regarding claim 10, Lee ‘192 teaches the electrochemical apparatus according to claim 7, wherein the case may be made of a metal or a plastic material having a predetermined shape ([0005]), but does not disclose that the accommodating portion is cylindrical.
Horikoshi ‘041 discloses a film outer package battery, similar to the case of Lee ‘192, which includes a substantially cylindrical wound electrode body 1, a substantially cylindrical housing portion 2W for housing the electrode body 1, an outer package member 2 having a film shape and including seal portions 2P, 2Q, and 2R that are provided on three sides of the periphery of the housing portion 2W excluding a folded portion 2D on a first peripheral surface side ([0032] & Fig. 2).
Therefore, it would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to configure the cup part in the battery case of the electrochemical apparatus, as taught by Lee ‘192, to be substantially cylindrical to house a substantially cylindrical wound electrode body, as suggested by Horikoshi ‘041, because 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 1966) (see MPEP § 2144.04).
Claims 5 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over US 20220029192 A1 (Lee ‘192) in view of CN 114447477 A (Li ‘248 – citing to US 20230327248 A1 as an English translation).
Regarding claim 5, Lee ‘192 teaches the electrochemical apparatus according to claim 1, wherein the case may be made of a metal or a plastic material having a predetermined shape ([0005]), but does not disclose that the package housing is made of an aluminum-plastic film or a steel-plastic film.
Li ‘248 discloses a packaging bag 20 including a body portion 20 a and a seal edge portion 20 b with an electrode assembly 10 disposed therein, similar to the case of Lee ‘192, wherein the packaging bag 20 includes an aluminum plastic film ([0072] & Fig. 1).
Therefore, it would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to select an aluminum plastic film as the packaging material of the case 13 in the electrochemical apparatus, as taught by Lee ‘192, because the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Regarding claim 11, Lee ‘192 teaches the electrochemical apparatus according to claim 7, wherein the case may be made of a metal or a plastic material having a predetermined shape ([0005]), but does not disclose that the package housing is made of an aluminum-plastic film or a steel-plastic film.
Li ‘248 discloses a packaging bag 20 including a body portion 20 a and a seal edge portion 20 b with an electrode assembly 10 disposed therein, similar to the packaging of Lee ‘192, wherein the packaging bag 20 includes an aluminum plastic film ([0072] & Fig. 1).
Therefore, it would have been obvious to a person of ordinary skill in the art, prior to the effective filing date of the claimed invention, to select an aluminum plastic film as the packaging material of the case 13 in the electrochemical apparatus, as taught by Lee ‘192, because the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Claims 6 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over 20220029192 A1 (Lee ‘192).
Regarding claim 6, Lee ‘192 teaches the electrochemical apparatus according to claim 1, wherein the first sealing edge has a width of w1, and the second sealing edge has a width w2 (each sealing part 134 has a width, see first sealing part 1341 and second sealing part 1342 of Fig. 14 of Lee ‘192), however, the relative dimensions of the sealing parts 134 are not specifically disclosed: wherein 1.3 mm ≤ w1 ≤ 3.5 mm and 1.3 mm ≤ w2 ≤ 3.5 mm.
Nevertheless, the size or relative dimensions of an article is not a matter of invention. See In re Rose, 105 USPQ 237 (CCPA 1955) and Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984) (see MPEP § 2144.04).
Regarding claim 12, Lee ‘192 teaches the electrochemical apparatus according to claim 7, wherein the first sealing edge has a width of w1, and the second sealing edge has a width w2 (each sealing part 134 has a width, see first sealing part 1341 and second sealing part 1342 of Fig. 14 of Lee ‘192), however, the relative dimensions of the sealing parts 134 are not specifically disclosed: wherein 1.3 mm ≤ w1 ≤ 3.5 mm and 1.3 mm ≤ w2 ≤ 3.5 mm.
Nevertheless, the size or relative dimensions of an article is not a matter of invention. See In re Rose, 105 USPQ 237 (CCPA 1955) and Gardner v. TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984) (see MPEP § 2144.04).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20200185668 A1 discloses an electrochemical pouch cell 10 including a pouch-type housing 40 and an electrode assembly 12 that is sealed within the housing 40 ([0048]; [0076]; Figs. 1 & 12).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAYLOR H KRONE whose telephone number is (571)270-5064. The examiner can normally be reached Monday through Friday from 9:00 AM - 6:00 PM EST.
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/TAYLOR HARRISON KRONE/Examiner, Art Unit 1725
/JONATHAN CREPEAU/Primary Examiner, Art Unit 1725