DETAILED ACTION
Status of the Claims
Applicant’s amendment filed 23 April 2026 is acknowledged. Claims 1, 3, 8, 10, 11, and 14 have been amended, claims 7, 9, 12, and 13 have been canceled, claims 14-19 remain withdrawn, and claims 1-6, 8, 10, 11, and 14-19 remain pending.
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.
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.
Claim(s) 1-5, 8, and 10-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (EP 3451415 A1; hereinafter “Jang”), in view of Zhang et al. (US 2020/0212408; hereinafter “Zhang”).
Regarding claim 1, Jang teaches a battery (see Figs. 1-3), comprising:
a packaging case (combination of case 180 and cap plate 151, see Figs. 2-3; [0030] and [0053]) comprising a cover (cap plate 151, see Fig. 2-3; [0053]);
a cell assembly (either electrode assemblies 110A and 110B, see Figs. 2-3; [0030]) provided in the packaging case (combination of case 180 and cap plate 151, see Figs. 2-3; [0030] and [0053]); and
a first adapter (first current collector 121, see Figs. 2-3; [0041]), wherein the first adapter is connected to the cover (cap plate 151, see Figs. 2-3);
a first insulator (insulation member 158, see Fig. 2; [0068]), wherein the first insulator is provided between the first adapter (first current collector 121, see Figs. 2-3; [0041]) and the cover (cap plate 151, see Fig. 2-3; [0053]); and
a first tab (first electrode tab 111, see Figs. 2-3; [0035]) of the cell assembly (either electrode assemblies 110A and 110B, see Figs. 2-3; [0030]);
wherein the first tab (first electrode tab 111, see Figs. 2-3; [0035]) protrudes outward from an end face of the cell assembly (see Figs. 2-3 – portion 111b protrudes outward from the side of electrode assemblies 110A, 110B), the first tab is electrically connected to the first adapter (see Figs. 2-3 and [0042]), and the first tab and the first adapter are bent toward the side of the cell assembly (see Figs. 2-3).
Jang is silent to wherein a second insulator is provided between the first tab and a side of the cell assembly.
Zhang teaches an insulator (insulating layer 20 including a first portion 201, a second portion 202, and a third portion 203, see Figs. 1-3; [0015]-[0028]) provided between the first tab (equated to adapter electrode tab 30, see Figs. 1-3; [0023]) and a side of the cell assembly (electrode assembly 10, see Figs. 1-3; [0015]). Zhang teaches that the insulating layer 20 helps to achieve a better isolation effect, preventing the occurrence of an internal short circuit of the battery (see [0015]).
In view of Zhang’s teachings, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the battery of Jang to include a second insulator provided between the first tab and a side of the cell assembly, as taught by Zhang, because it helps to achieve a better isolation effect, preventing the occurrence of an internal short circuit of the battery.
Regarding claim 2, the combination of Jang and Zhang teaches the battery further comprising a first pole (Jang: first current collecting terminal 122, see Figs. 1-3; [0041]), and the cover (Jang: cap plate 151, see Fig. 2-3; [0053]) is provided with a first through hole (Jang: see Fig. 2 – hole on left side with first current collecting terminal 122 passing through), wherein the first pole is mounted in the first through hole (Jang: see Fig. 2 - hole on left side with first current collecting terminal 122 passing through) and insulated (Jang: gasket 152, see Fig. 2; [0062]) from the cover (Jang: cap plate 151, see Fig. 2-3; [0053]), and the first adapter (Jang: first current collector 121, see Figs. 2-3; [0041]-[0042]) is electrically connected to the first pole (Jang: first current collecting terminal 122, see Figs. 1-3; [0041]) and the first tab (Jang: first electrode tab 111, see Figs. 2-3; [0035]).
Regarding claim 3, the combination of Jang and Zhang teaches the battery, further comprising a second adapter (Jang: second current collector 131, see Figs. 2-3; [0052]), and the cell assembly further comprises a second tab (Jang: second electrode tab 112, see Figs. 2-3; [0035]), and the second tab and the second adapter are bent toward the side of the cell assembly (Jang: see Figs. 2-3).
The combination of Jang and Zhang is silent to wherein the second adapter is electrically connected to the second tab and the cover. However, Jang teaches an embodiment wherein the first adapter (Jang: equated to first current collector 121, which is part of the first terminal assembly 120, see Figs. 2-3; [0041] and [0075]) is connected to the first tab (Jang: first electrode tab 111, see Figs. 2-3; [0035] and [0075]) and the cover (Jang: cap plate 151, see Fig. 2-3; [0053] and [0075]), which is electrically insulated from the second tab (Jang: second electrode tab 112, see Figs. 2-3) of the opposite polarity (Jang: see [0075]). This structure of Jang (see [0075]) is merely the opposite wherein the first adapter is electrically connected to the first tab and the cover instead of the second adapter being electrically connected to the second tab and the cover.
Therefore, the claim structure wherein the second adapter is electrically connected to the second tab and the cover would merely be a rearrangement of parts of the embodiment of Jang in [0075]. In other words, instead of having the first tab, first adapter, and cover being connected as one polarity and the second terminal assembly being an opposite polarity, it would be obvious to have the second tab, second adapter, and cover being connected as one polarity and the first terminal assembly being an opposite polarity. Absent persuasive evidence to the contrary, the particular connection of the tabs and adapters including which is connected to the cover is merely a matter of design choice of which one of ordinary skill in the art at the time the invention was filed would have found to be obvious. See MPEP §2144.04(VI)(C).
Regarding claim 4, the combination of Jang and Zhang teaches the battery further comprising a second pole (Jang: second current collecting terminal 130, see Figs. 1-3; [0051]) and a second adapter (Jang: second current collector 131, see Figs. 2-3; [0052]); the cover (Jang: cap plate 151, see Fig. 2-3; [0053]) is provided with a second through hole (Jang: see Fig. 2 - hole on right side with second current collecting terminal 130 passing through), wherein the second pole is mounted in the second through hole (Jang: see Fig. 2 - hole on right side with second current collecting terminal 130 passing through) and insulated (Jang: gasket 152, see Fig. 2; [0062]) from the cover (Jang: cap plate 151, see Fig. 2-3; [0053]); and the cell assembly further comprises a second tab (Jang: second electrode tab 112, see Figs. 2-3; [0035]), wherein the second adapter (Jang: second current collector 131, see Figs. 2-3; [0051]-[0052]) is electrically connected to the second pole (Jang: second current collecting terminal 130, see Figs. 1-3; [0051]) and the second tab (Jang: second electrode tab 112, see Figs. 2-3; [0035]).
Regarding claim 5, the combination of Jang and Zhang teaches wherein the first adapter is electrically connected to the cover (Jang: see [0075]).
Regarding claim 8, the combination of Jang and Zhang teaches wherein, the first insulator (Jang: insulation member 158, see Fig. 2; [0068]) is provided with a through groove (Jang: see Fig. 2), and the first pole (Jang: first current collecting terminal 122, see Figs. 1-3; [0041]) runs through the through groove (Jang: see Fig. 2) and is connected to the first adapter (Jang: first current collector 121, see Figs. 2-3; [0041]).
Regarding claim 10, Jang teaches an electronic apparatus, comprising a circuit component (see [0002]-[0003]) and a battery (see Figs. 1-3), the circuit component is electrically connected to the battery (see [0002]-[0003]), the battery comprising:
a packaging case (combination of case 180 and cap plate 151, see Figs. 2-3; [0030] and [0053]) comprising a cover (cap plate 151, see Fig. 2-3; [0053]);
a cell assembly (either electrode assemblies 110A and 110B, see Figs. 2-3; [0030]) provided in the packaging case (combination of case 180 and cap plate 151, see Figs. 2-3; [0030] and [0053]);
a first adapter (first current collector 121, see Figs. 2-3; [0041]), wherein the first adapter is connected to the cover (cap plate 151, see Figs. 2-3);
a first insulator (insulation member 158, see Fig. 2; [0068]), wherein the first insulator is provided between the first adapter (first current collector 121, see Figs. 2-3; [0041]) and the cover (cap plate 151, see Fig. 2-3; [0053]); and
a first tab (first electrode tab 111, see Figs. 2-3; [0035]) of the cell assembly (either electrode assemblies 110A and 110B, see Figs. 2-3; [0030]);
wherein the first tab (first electrode tab 111, see Figs. 2-3; [0035]) protrudes outward from an end face of the cell assembly (see Figs. 2-3 – portion 111b protrudes outward from the side of electrode assemblies 110A, 110B), the first tab is electrically connected to the first adapter (see Figs. 2-3 and [0042]), and the first tab and the first adapter are bent toward the side of the cell assembly (see Figs. 2-3).
Jang is silent to wherein a second insulator is provided between the first tab and a side of the cell assembly.
Zhang teaches an insulator (insulating layer 20 including a first portion 201, a second portion 202, and a third portion 203, see Figs. 1-3; [0015]-[0028]) provided between the first tab (equated to adapter electrode tab 30, see Figs. 1-3; [0023]) and a side of the cell assembly (electrode assembly 10, see Figs. 1-3; [0015]). Zhang teaches that the insulating layer 20 helps to achieve a better isolation effect, preventing the occurrence of an internal short circuit of the battery (see [0015]).
In view of Zhang’s teachings, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the battery of Jang to include a second insulator provided between the first tab and a side of the cell assembly, as taught by Zhang, because it helps to achieve a better isolation effect, preventing the occurrence of an internal short circuit of the battery.
Regarding claim 11, the combination of Jang and Zhang teaches wherein, the battery further comprises a second adapter (Jang: second current collector 131, see Figs. 2-3; [0052]), and the cell assembly further comprises a second tab (Jang: second electrode tab 112, see Figs. 2-3; [0035]), and the second tab and the second adapter are bent toward the outer surface of the cell assembly (Jang: see Figs. 2-3).
The combination of Jang and Zhang is silent to wherein the second adapter is electrically connected to the second tab and the cover. However, Jang teaches an embodiment wherein the first adapter (Jang: equated to first current collector 121, which is part of the first terminal assembly 120, see Figs. 2-3; [0041] and [0075]) is connected to the first tab (Jang: first electrode tab 111, see Figs. 2-3; [0035] and [0075]) and the cover (Jang: cap plate 151, see Fig. 2-3; [0053] and [0075]), which is electrically insulated from the second tab (Jang: second electrode tab 112, see Figs. 2-3) of the opposite polarity (see [0075]). This structure of Jang (see [0075]) is merely the opposite wherein the first adapter is electrically connected to the first tab and the cover instead of the second adapter being electrically connected to the second tab and the cover.
Therefore, the claim structure wherein the second adapter is electrically connected to the second tab and the cover would merely be a rearrangement of parts of the embodiment of Jang in [0075]. In other words, instead of having the first tab, first adapter, and cover being connected as one polarity and the second terminal assembly being an opposite polarity, it would be obvious to have the second tab, second adapter, and cover being connected as one polarity and the first terminal assembly being an opposite polarity. Absent persuasive evidence to the contrary, the particular connection of the tabs and adapters including which is connected to the cover is merely a matter of design choice of which one of ordinary skill in the art at the time the invention was filed would have found to be obvious. See MPEP §2144.04(VI)(C).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over the combination of Jang and Zhang as applied to claim 5 above, and further in view of Cantave et al. (US 6,443,999; hereinafter “Cantave”).
Regarding claim 6, the combination of Jang and Zhang teaches wherein, the packaging case further comprises a housing (Jang: case 180, see Figs. 1-3; [0030]), and the battery comprises a second adapter (Jang: second current collector 131, see Figs. 2-3; [0052]), and the cell assembly further comprises a second tab (Jang: second electrode tab 112, see Figs. 2-3; [0035]), but is silent to wherein the housing is insulated from the cover and wherein the second adapter is electrically connected to the second tab and the housing.
However, Jang teaches an embodiment wherein the first adapter (Jang: equated to first current collector 121, which is part of the first terminal assembly 120, see Figs. 2-3; [0041] and [0075]) is connected to the first tab (Jang: first electrode tab 111, see Figs. 2-3; [0035] and [0075]), the cover (Jang: cap plate 151, see Fig. 2-3; [0053] and [0075]), and the housing (Jang: case 180, see Figs. 1-3; [0075]). The structure of the first assembly is electrically insulated from the second tab (Jang: second electrode tab 112, see Figs. 2-3) of the opposite polarity (Jang: see [0075]). This structure of Jang (see [0075]) is merely the opposite of the claimed structure wherein the first adapter is electrically connected to the first tab, the cover, and the housing instead of the second adapter being electrically connected to the second tab, cover, and housing.
Therefore, the claim structure wherein the second adapter is electrically connected to the second tab and the housing would merely be a rearrangement of parts of the embodiment of Jang in [0075]. In other words, instead of having the first tab, first adapter, cover, and housing being connected as one polarity and the second terminal assembly being an opposite polarity, it would be obvious to have the second tab, second adapter, cover, and housing being connected as one polarity and the first terminal assembly being an opposite polarity. Absent persuasive evidence to the contrary, the particular connection of the tabs and adapters including which is connected to the cover is merely a matter of design choice of which one of ordinary skill in the art at the time the invention was filed would have found to be obvious. See MPEP §2144.04(VI)(C).
The combination of Jang and Zhang is silent to wherein the housing is insulated from the cover.
Cantave teaches a battery wherein after a spiral electrode assembly 70 is inserted into casing 20 and anode tab 44 is welded to closed end 35 (see Figs. 1 and 2B), a plastic insulating disk 80 can be inserted into the open end 30 of casting 20. The peripheral edge 85 of insulating disk 80 fits snugly into the open end 30 and presses against the inside surface of the peripheral edge 22 of casing 20. The positive end cap 18 (cover) is then inserted into the open end 30 so that edge 85 of the insulating disk 80 electrically insulates end cap 18 from casing 20 (see 9:34-58).
In view of Cantave’s teachings, it would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the battery of the combination of Jang and Zhang to include wherein the housing is insulated from the cover, as taught by Cantave, because it is a known structure for utilizing cover as part of one polarity while having the rest of the housing be the opposite polarity. Furthermore, absent persuasive evidence to the contrary, the particular electrical connections with respect to polarity and the housing and cover are a matter of design choice of which one of ordinary skill in the art at the time the invention was filed would have found to be obvious. See MPEP §2144.04(VI)(C).
Response to Arguments
Applicant's arguments filed 23 April 2026 have been fully considered but they are not persuasive.
On pages 8-11 of the remarks, Applicant argues, with respect to claims 1 and 10, that the prior art of Zhang does not teach that the first tab protrudes outward from an end face of the cell assembly, and a second insulator between a first tab and the side of the cell assembly. On the contrary, Zhang teaches the second insulator 202 inside the cell assembly, and part of the second insulator 202 between a first tab and an end face of the cell assembly. Furthermore, Applicant argues there is no sufficient evidence to modify the Jang device by incorporating Zhang’s second insulator. Applicant argues that there is no suggestion to change Jang’s single insulator and cover to include multiple insulators. In addition, Zhang does not suggest moving the second insulator outside of the cell assembly. Applicant argues that attempting to bring in the isolated teaching of Zhang’s second insulator into Jang’s device would amount to improperly picking and choosing features from the different references without regard to the teachings of the references as a whole. Lastly, Applicant argues that it is not clear how Zhang’s second insulator could be incorporated into the Jang device would substantial reconstruction or redesign.
The Examiner finds these arguments unpersuasive. Both Jang and Zhang teach the first tab which protrudes outward from an end face of the cell assembly (Jang: the first tab (first electrode tab 111, see Figs. 2-3; [0035]) protrudes outward from an end face of the cell assembly (see Figs. 2-3 – portion 111b protrudes outward from the side of electrode assemblies 110A, 110B); and Zhang: the first tab (equated to adapter electrode tab 30, see Figs. 1-3; [0023]) protrudes outward (see Figs. 1-3) from an end face of the cell assembly (electrode assembly 10, see Figs. 1-3; [0015]). Applicant appears to be misconstruing the prior art of Zhang as the Examiner equated insulating layer 20, which includes a first portion 201, a second portion 202, and a third portion 203, (see Figs. 1-3; [0015]-[0028]) to the claimed second insulator. Zhang teaches that the insulating layer 20 helps to achieve a better isolation effect, preventing the occurrence of an internal short circuit of the battery (Zhang: see [0015]), and so one of ordinary skill in the art at the time the invention was filed would have been motivated to modify Jang to include this second insulator to receive the same benefit. Regarding Applicant’s argument that attempting to bring in the isolated teaching of Zhang’s second insulator into Jang’s device would amount to improperly picking and choosing features from the different references without regard to the teachings of the references as a whole, the Examiner finds this argument unpersuasive because the Applicant fails to detail how the modification of Jang in view of Zhang is improper. Again, it appears as though Applicant is improperly picking only second portion 202 as being Applicant’s claimed second insulator when the Examiner equated insulating layer 20, which includes a first portion 201, a second portion 202, and a third portion 203, (see Figs. 1-3; [0015]-[0028]) to the claimed second insulator. It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the battery of Jang to include a second insulator provided between the first tab and a side of the cell assembly, as taught by Zhang, because it helps to achieve a better isolation effect, preventing the occurrence of an internal short circuit of the battery. In response to applicant's argument that it is not clear how Zhang’s second insulator could be incorporated into the Jang device would substantial reconstruction or redesign, the test for obviousness is not whether the features of a secondary reference may be bodily incorporated into the structure of the primary reference; nor is it that the claimed invention must be expressly suggested in any one or all of the references. Rather, the test is what the combined teachings of the references would have suggested to those of ordinary skill in the art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
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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/S.S.H/Examiner, Art Unit 1735 11 July 2026
/KEITH WALKER/Supervisory Patent Examiner, Art Unit 1735
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