DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
Claims 13-14 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/16/2026.
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.
Claim(s) 1-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Foreign Publication CN209401759U (supplied by applicant, used attached machine translation), hereafter Lei.
Regarding claim 1, Lei discloses a battery cell ([0007] secondary battery), comprising:
an electrode assembly ([0007] first electrode assembly), comprising a body ([0007] first body 11) and a tab ([0007] first electrode tab 12); and
a connecting part ([0075] adapter piece 8), comprising a terminal connecting portion and a tab connecting portion ([0075] adapter piece 8 connects first electrode terminal 72 and first connecting portion 122; [0073] first connecting portion 122 of first electrode tab 12), wherein the terminal connecting portion is configured to connect an electrode terminal (72) ([0075]), the tab connecting portion is configured to connect the tab (12) ([0075]), and the tab connecting portion has a surface facing the body (Fig 1 bottom surface of adapter 8 faces electrode body);
wherein the tab (12) comprises a first section (first extension 121) connected to the body (Fig 1, [0069] first electrode tab 12 connected to first body 11), a second section (122) fixed on the surface of the tab connecting portion ([0076] adapter 8 welded to first connecting part 122 of first electrode tab 12), and a corner section connected between the first section and the second section (Fig 3, [0078] corner of first tab 12 between first connecting part 122 and first extension 121).
Lei further discloses that by bending the first tab, the space occupied by the first tab in the height direction Z of the secondary battery can be reduced, thereby increasing the energy density ([0078]). Lei further discloses in Fig 3 an empty space present within the casing between the electrode tab 12 and the top cover plate 71.
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Lei is silent on wherein the corner section exceeds the surface of the tab connecting portion in a direction from the body toward the connecting part.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Lei to bend the first tab 12 further down toward the bottom of the battery in order to allow for further reduction in the space occupied by the first tab in the height direction such that the corner section exceeds the surface of the tab connecting portion in a direction from the body toward the connecting part, resulting in increased energy density, as suggested by Lei.
Regarding claim 2, Lei discloses wherein the surface of the tab connecting portion is a first surface of the tab connecting portion (Fig 1 bottom surface of adapter 8 faces electrode body).
Lei is silent on wherein in the direction from the body toward the connecting part, the corner section exceeds a second surface of the tab connecting portion away from the body.
It would however have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Lei to bend the first tab 12 further down toward the bottom of the battery in order to allow for further reduction in the space occupied by the first tab in the height direction such that the corner section exceeds the second surface of the tab connecting portion away from the body toward the connecting part, resulting in increased energy density, as suggested by Lei.
Regarding claim 3, modified Lei further discloses wherein an included angle between the corner section and the second section is an obtuse angle (Fig 3, when the tab 12 is bent such that the corner exceeds the surface of the tab connecting portion, the angle between the corner and the second section of the adapter 8 will necessarily be obtuse due to the limited space the corner section is extending into).
Regarding claim 4, Lei further discloses a housing ([0063] housing 6), comprising an accommodating chamber ([0063] housing 6 has an internal cavity), wherein at least part of the connecting part and the electrode assembly are accommodated in the accommodating chamber ([0063] internal cavity contains electrode assembly; Fig 3, adapter piece 8 is inside cavity of housing 6);
wherein the connecting part further comprises an end surface in a thickness direction of the electrode assembly (Fig 3, end of adapter piece 8), and the corner section is located between the end surface and an inner wall of the housing (6) (Fig 3, corner section of electrode tab 12 between end of adapter piece 8 and inner wall of housing).
Regarding claim 5, Lei further discloses an end cover (Fig 3, [0062] top cover assembly 7), sealing the housing; and
an insulator, wherein at least part of the insulator is disposed between the end cover and the connecting part to isolate the end cover from the connecting part (insulator between top cover plate 71 and adapter piece 8, see annotated Fig 3 below).
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Regarding claim 6, Lei further discloses wherein a flange protruding toward the body is formed on an edge of the insulator in the thickness direction of the electrode assembly, and the flange is located between the corner section and the housing (see annotated Fig 3 below).
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Regarding claim 7, modified Lei discloses all of the claim limitations as set forth above, but the reference does not explicitly disclose wherein a thickness A of the tab and a distance B between the end surface and the flange satisfy 1%≤A/B≤20%. As the mechanical strength of the tab and energy density of the battery is/are variable(s) that can be modified, among others, by adjusting the thickness of the tab, with the mechanical strength of the tab increasing and energy density of the battery decreasing (since the tab is thicker and may be more difficult to bend to fit the corner section in the space shown in Fig 3 as well as the tab taking up more space in general) as the thickness of the tab is increased, the thickness of the tab would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the present invention. As such, without showing unexpected results, the claimed thickness of the tab cannot be considered critical. Accordingly, one of ordinary skill in the art, before the effective filing date of the present invention, would have optimized, by routine experimentation, the thickness of the tab in the invention of Lei to obtain the desired balance between mechanical strength of the tab and the energy density of the battery (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Regarding claim 8, Lei is silent on wherein the corner section abuts against a side of the insulator facing away from the end cover.
It would however have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Lei to bend the first tab 12 further down toward the bottom of the battery in order to allow for further reduction in the space occupied by the first tab in the height direction such that the corner section abuts against a side of the insulator facing away from the end cover, resulting in a maximized increased energy density, as suggested by Lei.
Regarding claim 9, Lei further discloses wherein a round corner or an elastic member is provided at an intersection of the surface of the tab connecting portion and the end surface of the connecting part (Fig 7, rounded corners of adapter component 8).
Regarding claim 10, Lei further discloses wherein the terminal connecting portion protrudes relative to a side of the tab connecting portion facing away from the body (Figs 3, 7, adapter piece 8 surface protrudes where it connects to first electrode terminal 72).
Regarding claim 11, Lei further discloses a battery ([0062] secondary battery), comprising the battery cell according to claim 1 (see above rejection of claim 1).
Regarding claim 12, Lei is silent on an electric device comprising the battery cell according to claim 1, wherein the battery is configured to supply electric energy.
It would however have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Lei to apply the battery to an electric device that requires a supply of electric energy, since that is a known purpose of such battery technology.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY HEMINGWAY whose telephone number is (571)272-0235. The examiner can normally be reached M-Th 6-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at (571) 270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.G.H./Examiner, Art Unit 1754
/SUSAN D LEONG/ Supervisory Patent Examiner, Art Unit 1754