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 .
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Response to Amendment
In response to the amendment received on 3/03/2026:
Claims 1-17 and 19-22 are pending in the current application. Claims 1, 5, 10, and 19 have been amended, Claim 18 has been canceled, and Claims 21-22 have been newly added.
The rejection under 35 U.S.C. 112(b) has been overcome in light of the amendment.
The cores of the previous prior art-based rejections have been maintained in light of the amendment. All changes made to the rejection are necessitated by the amendment.
Claim Interpretation
All “wherein” clauses are given patentable weight unless otherwise noted. Please see MPEP 2111.04 regarding optional claim language.
In Claim 1, barring any evidence submitted by the applicant of the measurement method producing different results, the limitation of “wherein R, L1 and the included angle between a line connecting the first endpoint and the second endpoint and the first direction are each measured through computed tomography based on an imaging depth of 2 mm” will be interpreted as a product-by-process limitation and not hold patentable weight (see MPEP 2113).
Response to Arguments
Applicant's arguments are based on the claims as amended. The newly amended claims and limitations have been addressed in the new rejection below.
Arguments directed at combination of Kim with Nobuo and Kong
Applicant argues that a skilled artisan would not combine the teachings of Kim with Nobuo and Kong because Kim discloses a wound electrode assembly and Nobuo and Kong disclose stacked electrode assemblies.
The examiner respectfully disagrees. Kim discloses generally a laminate exterior case accommodating an electrode assembly (see abstract and paragraph [0005]). While Kim exemplifies an embodiment where the electrode assembly is formed by winding a stacked structure, Kim also discloses a stack type electrode assembly may also be used in an alternative embodiment (see paragraph [0023]), which is a common and known structure in the art. As such, a skilled artisan would be capable of combining the teachings of Kim with the teachings of Nobuo and Kong without sabotaging the invention of Kim.
Arguments directed at Kong
Applicant argues that a person of ordinary skill would not use the teaching of Kong to modify the bending angle of a stack assembly of Kim as it sabotages Kim.
The examiner respectfully disagrees. As discussed above, Kim does disclose the electrode assembly may be a stack type electrode assembly (see paragraph [0023]), and as such a skilled artisan would be capable of combining the teachings of Kim with the teachings of Kong without sabotaging the invention of Kim (so a stack of Kim may contain endpoints at various distances from the case as taught by Kong).
Further, Kong teaches bending parts at various angles in the electrode plates to allow for the proper fit of the electrode assembly in the battery housing and minimizing a gap to prevent damage due to impact (see paragraphs [0007], [0024], and [0028]-[0039]). As such, a skilled artisan would recognize the importance of the bending angles and be capable of achieving the appropriate angles.
Arguments directed at Claim 4
Applicant argues that Nobuo does not teach multiple plates and therefore cannot teach different relationships for a first electrode plate and a second electrode plate.
The examiner respectfully disagrees. Nobuo teaches using both positive plates 101 and negative plates 102 and that both the positive plate 101 and negative plate 102 may have a corner portion (see paragraph [0029]). Further, a skilled artisan would expect to use multiple plates in a stacked electrode assembly. As such, a skilled artisan is capable of applying the teachings of the gaps of Nobuo to multiple plates.
Claim Rejections - 35 USC § 103
Claims 1-17, 19, and 21 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. US-20170373286-A1 (hereinafter “Kim”) in view of Nobuo et al. JP-2014175247-A (hereinafter “Nobuo”) and Kong US-20140315074-A1 (hereinafter “Kong”).
Regarding Claim 1, Kim discloses a battery (see abstract), comprising:
an electrode assembly 110 comprising a first electrode plate 111, a second electrode plate 112, and a separator 113; wherein the separator 113 is disposed between the first electrode plate 111 and the second electrode plate 112; the first electrode plate 111, the separator 113, and the second electrode plate 112 are wound around a central axis in a first direction (may be a wound or stacked electrode assembly) in Figs. 1a-2b (see paragraphs [0021]-[0023]); and
a housing (exterior case) 120 comprising a curved surface and a plurality of side walls; wherein the housing further comprises a concave part accommodating the electrode assembly 110, the plurality of side walls enclose to form the concave part, any three adjacent side walls are connected through the curved surface to form a junction, the three adjacent side walls comprise a first side wall 123 formed by a main plane parallel to the first direction, a second side wall 125 disposed parallel to the first direction and at an angle to the first side wall 123, and a third side wall 126 disposed at an angle to the first direction in Figs. 1a-2b (correlating the first side wall 341, second side wall 342, and third 343 side wall of the instant application, see comparison of instant application and Kim below below) (see paragraphs [0021]-[0024], [0029], [0037]-[0041], [0045]-[0047], and [0061]);
wherein a distance from the junction between a projection of the curved surface and a projection of the second side wall 125 to a projection of the third side wall 126 is R, and the first electrode plate 111 has a region with distance L1 to the third side wall 126 in the first direction; wherein the projections are each an orthographic projection on a plane parallel to the first side wall 123 (the structure of Kim would necessarily have these dimensions) in Figs. 1A-2B (see paragraphs [0021]-[0024], [0045]-[0047], and [0061]).
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Figure 1. Fig. 2 of Instant Application
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Figure 2. Fig. 1A of Kim
Kim also discloses wherein the first electrode plate 111 comprises a first current collector and a first active material layer (see paragraphs [0024]-[0026]). Kim further discloses first electrode 111 may function as a positive electrode and the second electrode 112 may function as a negative electrode, and vice versa (i.e., the first electrode plate may function as a negative electrode) and the negative electrode may have silicon (Si) as an active material (see paragraphs [0024]-[0026]). As such, a skilled artisan is capable of making the first electrode plate a negative electrode with an active material layer comprising silicon-based materials.
Kim further discloses the first electrode plate 111 comprises a first portion and a second portion connecting to the first portion, the first portion and the second portion are disposed in the first direction; wherein viewed from a second direction perpendicular to the first direction, the first portion and the second electrode plate 112 overlap (the assembly is stacked and wound) in Fig. 1a (see paragraphs [0024]-[0027], [0047], and [0049]); and
wherein the first portion comprises a first layer in Figs. 1a and 3a-4b (see paragraphs [0024]-[0027], [0047], and [0049]).
Kim is not specific on the first portion and the second portion being sequentially disposed in the first direction. However, Kim discloses the electrode assembly may be a stack type electrode assembly (see paragraph [0023]), which is a well-known structure in the art. So, a skilled artisan is capable of using a stacked structure as suggested by Kim to achieve the first portion and the second portion being sequentially disposed in the first direction.
Kim is silent on L1 being less than R.
However, in the same field of endeavor of battery housings (electrode assemblies housed in an exterior body) (see paragraph [0001]), Nobuo discloses properly fitting an electrode assembly in a battery housing via multiple parameters, including a gap G2 between the electrode body 102/103 and the third side wall (side edge) (correlating to the claimed distance L1) should be less than a distance to the curved portion of G3 in Fig. 6 (see comparison of instant application and Nobuo below) (see paragraphs [0010]-[0011], [0022], and [0032]-[0034]).
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Figure 3. Fig.6 of Instant Application
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Figure 4. Fig. 6 of Nobuo
Nobuo additionally discloses ensuring the proper shape and clearance of the curved portion can increase the area of the electrode plate, thereby increasing capacity, while also suppressing short circuits (see paragraphs [0010]-[0013]), making the dimensions of the electrode plate a result effective variable. So, from the disclosed dimensions and relationships of Nobuo, a skilled artisan would be capable of ensuring the optimal fit of the electrode assembly in the battery of Kim such that L1 is less than a distance from the junction between a projection of the curved surface and a projection of the second side wall to a projection of the third side wall (R).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the battery of Kim wherein L1 is less than R, as disclosed by Nobuo, in order to increase the area of the electrode, which would increase capacity, and suppress short circuits.
Kim and Nobuo are silent on wherein the second portion comprises a first layer, the second portion exceeds the second electrode plate, and wherein the first layer of the second portion comprises a first endpoint and a second endpoint opposite to each other, wherein the first endpoint directly connects to the first layer of the first portion, and wherein an included angle between a line connecting the first endpoint and the second endpoint and the first direction is less than 30° and greater than 0°.
However, in the same field of endeavor of battery housings (electrode assemblies in battery packs) (see abstract), Kong discloses a portion of the first electrode plate 211 and the second electrode plate 213 overlap, and the second portion exceeds the second electrode plate 113 (the first (second) electrode plate may have a cross-sectional area smaller than that of the second (first) electrode plate) and the first plate 211 and second plate 213 are bent to minimize the gap between the electrode assembly and battery housing in Figs. 5-6 (see comparison of instant application and Kong below) (see paragraphs [0024] and [0028]-[0036]). A skilled artisan would expect minimizing the gap to result in the electrode assembly being tightly accommodated in the curved portion of the housing of Kim.
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Figure 5. Fig. 9 of Instant Application
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Figure 6. Fig. 6 of Kong
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the battery of Kim and Nobuo wherein the second portion comprises a first layer, as disclosed by Kong, in order to minimize the gap between the electrode assembly and battery housing and thus ensure a tight fit of the electrode assembly in the housing.
Kong also discloses multiple layers of first electrode plates 211 and second electrode plates 213 comprising a step at a boundary between an uppermost layer electrode plate 211 stacked on an uppermost layer of the battery part and a second electrode plate 213 neighboring to the uppermost layer electrode plate 211, with the step portions being formed such that the gap at the bend portions of the battery housing can be minimized in Figs. 5-6 (see comparison of instant application and Kong above) (see paragraphs [0033], [0036]-[0039], and [0041]). in Figs. 5-6 (see paragraphs [0024] and [0029]-[0034]). As such, is within the ambit of a skilled artisan to designate the appropriate endpoints of the electrode assembly layers in the battery of Kim and ensure the distance at the bend portions of the case are minimized.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the battery of Kim and Nobuo wherein bend portions of the electrode assembly comprise endpoints at various distances from the case, as disclosed by Kong, in order to minimize the gap between the electrode assembly and battery housing and thus ensure a tight fit of the electrode assembly in the housing.
Kong further discloses including bending parts as various angles in the electrode plates that allow for the proper fit of the electrode assembly in the battery housing as seen in Fig. 6 (see comparison of instant application and Kong above) (see paragraphs [0024] and [0028]-[0039]). It is within the ambit of a skilled artisan to determine the appropriate bending angle for the electrode assembly to fit in the battery housing so that the gap is minimized.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the battery of Kim and Nobuo wherein an included angle between a line connecting the first endpoint and the second endpoint and the first direction is less than 30° and greater than 0°, as disclosed by Kong, in order to achieve the proper bending angle to fit in the battery housing so that the gap is minimized.
Note that the limitation “wherein R, L1 and the included angle between a line connecting the first endpoint and the second endpoint and the first direction are each measured through computed tomography based on an imaging depth of 2 mm” is regarded as product-by-process claim (see claim interpretation above).
Regarding Claims 2 and 3, modified Kim discloses the battery according to claim 1 (see rejection of claim 1 above).
Kim is silent on L1 being a minimum distance between the first electrode plate and the third side wall and 0.25R<L1<R.
However, Nobuo discloses properly fitting an electrode assembly in a battery housing via multiple parameters, including a gap G2 between the electrode body 102/103 and the third side wall (side edge) (correlating to the claimed distance L1) should be less than a distance to the curved portion of G3 in Fig. 6 (see comparison of instant application and Nobuo in Claim 1) (see paragraphs [0010]-[0011], [0022], and [0032]-[0034]).
Nobuo additionally discloses ensuring the proper shape and clearance of the curved portion can increase the area of the electrode plate, thereby increasing capacity, while also suppressing short circuits (see paragraphs [0010]-[0013]), making the dimensions of the electrode plate a result effective variable. So, from the disclosed dimensions and relationships of Nobuo, a skilled artisan would be capable of ensuring the optimal fit of the electrode assembly in the battery of Kim such that L1 is a minimum distance between the first electrode plate and the third side wall and related to a distance from the junction between a projection of the curved surface and a projection of the second side wall to a projection of the third side wall such that 0.25R<L1<R.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the battery of Kim wherein L1 is a minimum distance between the first electrode plate and the third side wall and 0.25R<L1<R, as disclosed by Nobuo, in order to increase the area of the electrode, which would increase capacity, and suppress short circuits.
Regarding Claim 4, modified Kim discloses the battery according to claim 1 (see rejection of claim 1 above).
Kim is silent on L2 being less than R.
However, Nobuo discloses a gap G1 between the electrode assembly and second side wall (side edge) (correlating to the claimed distance L2) should be less than a distance to the curved portion of G3 (both the positive and negative electrode plates may have a corner portion) in Fig. 6 (see comparison of instant application and Nobuo in Claim 1 above) (see paragraphs [0010]-[0011], [0022], [0029], and [0032]-[0034]).
Nobuo additionally discloses ensuring the proper shape and clearance of the curved portion can increase the area of the electrode plate, thereby increasing capacity, while also suppressing short circuits (see paragraphs [0010]-[0013]), making the dimensions of the electrode plate a result effective variable. So, from the disclosed dimensions and relationships of Nobuo, a skilled artisan would be capable of ensuring the optimal fit of the electrode assembly in the battery of Kim such that L2 is less than a distance from the junction between a projection of the curved surface and a projection of the second side wall to a projection of the third side wall (R).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the battery of Kim wherein L2 is less than R, as disclosed by Nobuo, in order to increase the area of the electrode, which would increase capacity, and suppress short circuits.
Regarding Claim 5, modified Kim discloses the battery according to claim 1 (see rejection of claim 1 above). Kim further discloses wherein the first portion comprises a first layer, the second electrode plate 112 comprises a first layer, the first layer of the second electrode plate 112 and the first layer of the first portion are stacked and adjacent to each other, and the first layer of the second electrode plate 112 is located on a side of the first layer of the first portion closest to the central axis in Figs. 1a and 3a-4b (see paragraphs [0023]-[0027], [0047], and [0049]).
Kim additionally discloses the electrode assembly is tightly accommodated in the housing to prevent the electrode assembly from increasing cracks and/or deteriorating the outer appearance due to movement or vibration of the electrode assembly in Figs. 3a-4b (see paragraphs [0047] and [0049]).
Kim is silent on wherein the first layer of the second portion connects to the first layer of the first portion and is bent towards the first layer of the second electrode plate.
However, Kong discloses a portion of the first electrode plate 211 and the second electrode plate 213 overlap, and the second portion exceeds the second electrode plate 113 (the first (second) electrode plate may have a cross-sectional area smaller than that of the second (first) electrode plate) and the first plate 211 and second plate 213 are bent to minimize the gap between the electrode assembly and battery housing in Figs. 5-6 (see comparison of instant application and Kong below) (see paragraphs [0024] and [0028]-[0036]). A skilled artisan would expect minimizing the gap to result in the electrode assembly being tightly accommodated in the curved portion of the housing of Kim.
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Figure 7. Fig. 9 of Instant Application
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Figure 8. Fig. 6 of Kong
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the battery of Kim and Nobuo wherein the first layer of the second portion connects to the first layer of the first portion and is bent towards the first layer of the second electrode plate, as disclosed by Kong, in order to minimize the gap between the electrode assembly and battery housing and thus ensure a tight fit of the electrode assembly in the housing.
Regarding Claim 6, modified Kim discloses the battery according to claim 5 (see rejection of claim 5 above). Kim further discloses wherein the first electrode plate 111 and the second electrode plate 112 are each wound to form a multi-layer structure in Fig. 1a (see paragraphs [0022]-[0025]).
Regarding Claims 7-10, modified Kim discloses the battery according to claim 5 (see rejection of claim 5 above).
Kim and Nobuo are silent on the structure of the portions and layers of the electrode assembly.
However, Kong discloses multiple layers of first electrode plates 211 and second electrode plates 213 comprising a step at a boundary between an uppermost layer electrode plate 211 stacked on an uppermost layer of the battery part and a second electrode plate 213 neighboring to the uppermost layer electrode plate 211 in Figs. 5-6 (see comparison of instant application and Kong below) (see paragraphs [0033], [0036]-[0039], and [0041]).
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Figure 7. Fig. 9 of Instant Application
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Figure 8. Fig. 6 of Kong
Kong further discloses as the battery housing bends (curves), the layers of electrode plates 211/213 (from the uppermost to lowermost electrode plate) have corresponding steps to allow for appropriate accommodation in the battery housing and minimization of the gap between the electrode assembly and battery housing (see paragraphs [0033], [0036]-[0039], and [0041]). A skilled artisan would expect minimizing the gap to result in the electrode assembly being tightly accommodated in the curved portion of the housing of Kim. Further, it is within the ambit of a skilled artisan to form the step portions in as many layers of the electrode assembly as is necessary according to the number of layers in their battery.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the battery of Kim and Nobuo to achieve the structure of the portions and layers of the electrode assembly, as disclosed by Kong, in order to minimize the gap between the electrode assembly and battery housing and thus ensure a tight fit of the electrode assembly in the housing.
Regarding Claims 11-12, modified Kim discloses the battery according to claim 9 (see rejection of claim 9 above). Kim further discloses the electrode assembly is tightly accommodated in the housing to prevent the electrode assembly from increasing cracks and/or deteriorating the outer appearance due to movement or vibration of the electrode assembly in Figs. 3a-4b (see paragraphs [0047] and [0049]).
Nobuo further discloses ensuring the proper shape and clearance of the curved portion can increase the area of the electrode plate, thereby increasing capacity, while also suppressing short circuits (see paragraphs [0010]-[0013]).
Kim and Nobuo are silent on the bend portions of the electrode assembly comprising endpoints that are various distances from the case.
However, Kong discloses multiple layers of first electrode plates 211 and second electrode plates 213 comprising a step at a boundary between an uppermost layer electrode plate 211 stacked on an uppermost layer of the battery part and a second electrode plate 213 neighboring to the uppermost layer electrode plate 211, with the step portions being formed such that the gap at the bend portions of the battery housing can be minimized in Figs. 5-6 (see comparison of instant application and Kong below) (see paragraphs [0033], [0036]-[0039], and [0041]). in Figs. 5-6 (see paragraphs [0024] and [0029]-[0034]). As such, is within the ambit of a skilled artisan to designate the appropriate endpoints of the electrode assembly layers in the battery of Kim and ensure the distance at the bend portions of the case are minimized.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the battery of Kim and Nobuo wherein bend portions of the electrode assembly comprise endpoints at various distances from the case, as disclosed by Kong, in order to minimize the gap between the electrode assembly and battery housing and thus ensure a tight fit of the electrode assembly in the housing.
Regarding Claim 13, modified Kim discloses the battery according to claim 12 (see rejection of claim 12 above).
Kim and Nobuo are silent on the structure of the portions and layers of the electrode assembly and an included angle between the fourth layer of the second portion and the fourth layer of the first portion being zero.
However, Kong discloses multiple layers of first electrode plates 211 and second electrode plates 213 comprising a step at a boundary between an uppermost layer electrode plate 211 stacked on an uppermost layer of the battery part and a second electrode plate 213 neighboring to the uppermost layer electrode plate 211, with the step portions being formed such that the gap at the bend portions of the battery housing can be minimized in Figs. 5-6 (see comparison of instant application and Kong below) (see paragraphs [0033], [0036]-[0039], and [0041]). in Figs. 5-6 (see paragraphs [0024] and [0029]-[0034]).
Kong further discloses as the battery housing bends (curves), the layers of electrode plates 211/213 (from the uppermost to lowermost electrode plate) have corresponding steps to allow for appropriate accommodation in the battery housing and minimization of the gap between the electrode assembly and battery housing (including straight portions of the electrode plate layers to appropriately fit in the battery housing in Fig. 6) (see paragraphs [0033], [0036]-[0039], and [0041]). As such, it is within the ambit of a skilled artisan to achieve angle between the fourth layer of the second portion and the fourth layer of the first portion of zero so the electrode assembly fits appropriately with the curve of the battery housing of Kim.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the battery of Kim and Nobuo wherein the structure of the portions and layers of the electrode assembly and an included angle between the fourth layer of the second portion and the fourth layer of the first portion is zero, as disclosed by Kong, in order to minimize the gap between the electrode assembly and battery housing and thus ensure a tight fit of the electrode assembly in the housing.
Regarding Claim 14, modified Kim discloses the battery according to claim 13 (see rejection of claim 13 above).
Kim further discloses the electrode assembly is tightly accommodated in the housing to prevent the electrode assembly from increasing cracks and/or deteriorating the outer appearance due to movement or vibration of the electrode assembly in Figs. 3a-4b (see paragraphs [0047] and [0049]).
Nobuo further discloses ensuring the proper shape and clearance of the curved portion can increase the area of the electrode plate, thereby increasing capacity, while also suppressing short circuits (see paragraphs [0010]-[0013]).
Kim and Nobuo are silent on the bend portions of the electrode assembly comprising endpoints are various distances from the case.
However, Kong discloses multiple layers of first electrode plates 211 and second electrode plates 213 comprising a step at a boundary between an uppermost layer electrode plate 211 stacked on an uppermost layer of the battery part and a second electrode plate 213 neighboring to the uppermost layer electrode plate 211, with the step portions being formed such that the gap at the bend portions of the battery housing can be minimized in Figs. 5-6 (see comparison of instant application and Kong below) (see paragraphs [0033], [0036]-[0039], and [0041]). in Figs. 5-6 (see paragraphs [0024] and [0029]-[0034]). As such, is within the ambit of a skilled artisan to designate the appropriate endpoints of the electrode assembly layers in the battery of Kim and ensure the distance at the bend portions of the case are minimized.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the battery of Kim and Nobuo wherein bend portions of the electrode assembly comprise endpoints at various distances from the case, as disclosed by Kong, in order to minimize the gap between the electrode assembly and battery housing and thus ensure a tight fit of the electrode assembly in the housing.
Regarding Claims 15 and 16, modified Kim discloses the battery according to claim 1 (see rejection of claim 1 above). Kim further discloses wherein in the first direction, an edge of the separator (short side curve portion of the laminate exterior case formed as an end of a separator) 126a exceeds an edge of the first electrode plate 111 (may be formed to have a larger width than the first electrode 111 and the second electrode 112) in Figs. 1a-3d (see paragraphs [0027], [0047], [0049], [0053]-[0060], and [0068]-[0069]).
Kim further discloses the appropriate dimensions of the edge of the separator 126a can minimize the stress occurring in the corner and efficiently prevent the electrode assembly from moving or vibrating (see paragraphs [0027], [0054], and [0060]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the battery such that the edge of the separator exceeds the edge of the first electrode plate by 0.5 mm to 10 mm in order to efficiently prevent the electrode assembly from moving or vibrating.
Regarding Claim 17, modified Kim discloses the battery according to claim 15 (see rejection of claim 15 above) (see 112b rejection of Claim 17 above). Kim further discloses wherein the separator 113 is further disposed between the first layer of the second portion and an adjacent curved surface (via short side curve portion 126a of the laminate exterior case formed as an end of a separator) in Figs. 1A-1B (see paragraphs [0027] and [0060]).
Regarding Claim 19, modified Kim discloses the battery according to claim 1 (see rejection of claim 1 above).
Kim is silent on wherein an included angle between a line connecting the first endpoint and the second endpoint and the first direction is less than 18° and greater than 0°.
However, Kong discloses including bending parts in the electrode plates that allow for the proper fit of the electrode assembly in the battery housing in Fig. 6 (see paragraphs [0024] and [0028]-[0039]). It is within the ambit of a skilled artisan to determine the appropriate bending angle for the electrode assembly to fit in the battery housing so that the gap is minimized.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the battery of Kim and Nobuo wherein an included angle between a line connecting the first endpoint and the second endpoint and the first direction is less than 18° and greater than 0°, as disclosed by Kong, in order to achieve the proper bending angle to fit in the battery housing so that the gap is minimized.
Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Nobuo and Kong as applied to claim 1 above, and further in view of Eo et al. KR-20180046145-A (US-20200044225-A1 used as translation and cited in PTO-892) (hereinafter “Eo”).
Regarding Claim 20, modified Kim discloses the battery according to claim 1 (see rejection of claim 1 above). Kim further discloses the second electrode plate comprises a current collector and an active material layer disposed on a surface of the current collector
Kim and Nobuo are silent on wherein in the first direction, an edge of the current collector is flush with an edge of the active substance layer.
However, in the same field of endeavor of electrode assemblies (see abstract), Eo discloses an active material layer 111h coated on a current collector 111a where one edge of the current collector 111a is uncoated 111f while the other edge of the current collector 111a is remains coated (i.e. an edge of the current collector is flush with an edge of the active substance layer) in Figs. 2A-2B (see paragraphs [0059]-[0063]).
Eo further discloses the aforementioned structure results in increased capacity by increasing an area of active material layer coating portions while still forming an inner circumferential tab and an outer circumferential tab (see paragraphs [0019]-[0020]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the battery of Kim and Nobuo wherein the second electrode plate comprises a current collector and an active material layer disposed on a surface of the current collector; and in the first direction, an edge of the current collector is flush with an edge of the active substance layer, as disclosed by Eo, in order to achieve increased capacity by increasing an area of active material layer coating portions.
Claims 21-22 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Nobuo and Kong as applied to claim 1 above, and further in view of Carlson et al. US- 20170098857-A1 (“Carlson”).
Regarding Claim 21, modified Kim discloses the battery according to claim 1 (see rejection of claim 1 above). Kim further discloses wherein the second electrode plate 112 comprises a second current collector and a second active material layer (see paragraphs [0024]-[0026]). Kim further discloses first electrode 111 may function as a positive electrode and the second electrode 112 may function as a negative electrode, and vice versa (i.e., the second electrode plate may function as a positive electrode) and the positive electrode may have a composite metal oxide as an active material (see paragraphs [0024]-[0026]). As such, a skilled artisan is capable of making the second electrode plate a positive electrode with a composite metal oxide as an active material.
Kim is silent on an active material layer comprising lithium nickel cobalt manganate and/or lithium nickel cobalt aluminate.
However, in the same field of endeavor of batteries (see abstract), Carlson discloses lithium nickel manganese cobalt oxide is an appropriate positive electrode active material for lithium ion batteries (see paragraph [0012]). 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).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the battery of Kim wherein the second electrode plate is a positive electrode with a lithium nickel cobalt manganate as an active material, as disclosed by Carlson, as it is an appropriate and functional positive electrode active material.
Regarding Claim 22, modified Kim discloses the battery according to claim 1 (see rejection of claim 1 above). Kim further discloses the separator 113 may prevent an electric short from occurring between the first electrode 111 and the second electrode 112 in an electrode assembly (see paragraphs [0023] and [0027]).
Modified Kim is silent on wherein the separator comprises a porous layer, wherein the porous layer is disposed on at least one surface of the separator, wherein the porous layer comprises inorganic particles and a binder, and wherein the inorganic particles comprise boehmite.
However, in the same field of endeavor of separators in batteries (see abstract), Carlson discloses a porous separator comprising boehmite for use in a battery stack to keep the two electrodes apart in order to prevent electrical short circuits (see paragraphs [0003], [0009]-[0012], [0038]-[0040], and [0064]). As such, a skilled artisan would recognize this an appropriate separator to use in the battery of Kim.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the battery of Kim wherein the separator comprises a porous layer, wherein the porous layer is disposed on at least one surface of the separator, wherein the porous layer comprises inorganic particles and a binder, and wherein the inorganic particles comprise boehmite, as disclosed by Carlson, in order to prevent electrical short circuits.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SYDNEY L KLINE whose telephone number is (703)756-1729. The examiner can normally be reached Monday-Friday 8:00am-5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ula Ruddock can be reached at 571-272-1481. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/S.L.K./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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