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 § 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, 5, 6 and 14-19 are rejected under 35 U.S.C. 102(a)(1 or 2) as being anticipated by Kawate et al. (US Pub 2018/0269523 newly cited – corresponds to WO 2020/032538 cited in IDS).
In regard to claims 1, 14 and 17, Kawate et al. teach an electric device including a battery containing a battery cell (paragraph [0050] – such as an electric vehicle), comprising: an electrode assembly 400, wherein an outer surface of the electrode assembly comprises a first surface, a first side surface, a second surface, and a second side surface that are sequentially connected, the first surface is disposed opposite to the second surface, the first side surface is disposed opposite to the second side surface, the outer surface of the electrode assembly further comprises a first end surface and a second end surface opposite the first end surface, and the first end surface and the second end surface are respectively connected to the first surface and the second surface (prismatic cell - see annotated figure below); a first adhesive film (adhesive tape 370) adhered to the first side surface and extending from the first side surface to the first surface and/or the second surface; and a first adhesive layer (adhesive tape 380) adhered to the first surface and extending from the first surface to the second surface through the first end surface, wherein in a width direction of the electrode assembly, the first adhesive film 370 and the first adhesive layer 380 on the first surface and/or the second surface overlap to form a first overlapping portion; and in the first overlapping portion, the first adhesive film 370 is disposed between the first surface and/or the second surface and the first adhesive layer 380 (paragraphs [0094-0128], figure 9 annotated below – all components are considered adhered to each other in the laminated electrode assembly).
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In regard to claim 5, 15 and 18, a second adhesive film (additional tape 370 at bottom in figure 9 above), wherein the second adhesive film is adhered to the second side surface and extends from the second side surface to the first surface and/or the second surface; and a second adhesive layer (lower adhesive tape 380), wherein the second adhesive layer is adhered to the first surface and extends from the first surface to the second surface through the first end surface; in the width direction of the electrode assembly, the second adhesive film and the second adhesive layer on the first surface and/or the second surface overlap to form a second overlapping portion; and in the second overlapping portion, the second adhesive film is disposed between the first surface and/or the second surface and the second adhesive layer (figure 9 above).
In regard to claim 6, 16 and 19, further comprising a third adhesive layer (another of adhesive tapes 370) adhered to the first surface or the second surface; in the width direction of the electrode assembly, the first adhesive film and/or the second adhesive film and the third adhesive layer overlap to form a third overlapping portion; and in the third overlapping portion, the third adhesive layer 370 is disposed between the first adhesive film and/or the second adhesive film 380 and the first surface, or the third adhesive layer is disposed between the first adhesive film and/or the second adhesive film and the second surface (figure 9 above – note the tapes of the prior art are considered adhered to the all of the components in the assembly).
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The Examiner note that other interpretations (i.e. which tapes elements are considered the adhesive layer or film, which surfaces are ends or sides) and additional embodiments (such as figure 12 annotated here) that are disclosed may be relevant to the claims.
Claims 1, 14 and 17 are rejected under 35 U.S.C. 102(a)(1 or 2) as being anticipated by Yohei (JP 2011044436 cited in IDS, a machine translation of which is attached).
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In regard to claims 1, 14 and 17, Yohei teaches an electric device including a battery containing a battery cell (see background art – page 2 of machine translation), comprising: an electrode assembly (spiral electrode group 10b), wherein an outer surface of the electrode assembly comprises a first surface, a first side surface, a second surface, and a second side surface that are sequentially connected, the first surface is disposed opposite to the second surface, the first side surface is disposed opposite to the second side surface, the outer surface of the electrode assembly further comprises a first end surface and a second end surface opposite the first end surface, and the first end surface and the second end surface are respectively connected to the first surface and the second surface (prismatic cell - see annotated figure below); a first adhesive film (adhesive tape for winding protection 31) adhered to the first side surface and extending from the first side surface to the first surface and/or the second surface; and a first adhesive layer (adhesive tape for bottom insulation 32) adhered to the first surface and extending from the first surface to the second surface through the first end surface, wherein in a width direction of the electrode assembly, the first adhesive film 31 and the first adhesive layer 32 on the first surface and/or the second surface overlap to form a first overlapping portion; and in the first overlapping portion, the first adhesive film 31 is disposed between the first surface and/or the second surface and the first adhesive layer 32 (pages 3-5 of machine translation - 7figure 5 annotated below – all components are considered adhered to each other in the laminated electrode assembly).
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.
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Yohei as applied to claim 1 above.
In regard to claim 2, Yohei teaches in the width direction of the electrode assembly, a width of the first overlapping portion is shown (figure 5 above) appears to be approximately 5mm based on the overall width of the bottom insulating layer 32 being 30mm in an embodiment (bottom of page 3 of translation). However, changes to size and shape of the prior art adhesive tapes and overall battery dimensions are an obvious modification absent evidence to the contrary (see MPEP 2144.04 Part IV).
In regard to claim 3 and 4, Yohei teaches adhesive tapes (page 3 of translation) substantially identical to those disclosed in the instant application, therefore while adhesive forces between the layers are not particularly disclosed, the prior art is reasonably presumed to have the claimed properties (see MPEP 2112.01) or properties close enough to obviate the claimed properties, as the properties of the adhesive tapes are result effective should to prevent short circuits as shown in the drop testing of the batteries described on pages 6 and 7 of the machine translation.
Claims 2-4 and 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over Kawate et al. as applied to claim 1 above.
In regard to claim 2 and 7, Kawate et al. teach in the width direction of the electrode assembly, a width of the first overlapping portion is shown (figure 9 above) but not disclosed as having a particular value. However, changes to size and shape of the prior art adhesive tapes and overall battery dimensions are an obvious modification absent evidence to the contrary (see MPEP 2144.04 Part IV).
In regard to claim 3, 4, 8 and 9, Kawate et al. teach adhesive tapes (paragraph [0128]) substantially identical to those disclosed in the instant application, therefore while adhesive forces between the layers are not particularly disclosed, the prior art is reasonably presumed to have the claimed properties (see MPEP 2112.01) or properties close enough to obviate the claimed properties, as the properties of the adhesive tapes are result effective should be optimized to prevent winding deviations (see paragraphs [0092-0095]).
In regard to claim 10, Kawate et al. teach a first tab 410 and a second tab 420 electrically connected to the electrode assembly respectively, wherein the first tab and the second tab are spaced apart and protrude from the second end surface (paragraph [0091]), the first adhesive film 370 extends to the second surface, and the second adhesive film 370 extends to the second surface; and in the width direction of the electrode assembly (figure 9 above).
Further, embodiments include an adhesive layer 360 (figure 12 above) on the second surface, the first adhesive film partially overlaps the first tab, and/or on the second surface, the second adhesive film partially overlaps the second tab. As noted above while no width of the overlapping portions is disclosed, changes to size and shape of the prior art tapes and overall battery dimensions are an obvious modification absent evidence to the contrary (see MPEP 2144.04 Part IV).
In regard to claim 11, Kawate et al. teach the first adhesive film 370 and/or the second adhesive film 370 extends on the second surface to a position between the first tab 410 and the second tab 420 (see middle tape 370 between tabs in figure 9 above).
In regard to claim 12, Kawate et al. teach in the width direction of the electrode assembly, on the first surface, the first adhesive film 370 and/or the second adhesive film 370 does not overlap the first tab (left and right adhesive films 370 on first side/end – figure 9 above).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kawate et al. as applied to claim 1 above, and further in view of Ono et al. (US Pub 2020/0373625 newly cited – a translation of JP 2019053892 cited in IDS).
In regard to claim 13, Kawate et al. teach a case 111 for inserting the electrode body 400 but does not disclose a packaging film. However, Ono et al. teach a similar battery cell with overlapping adhesive tapes and the desirability to include a packaging film (exterior member 50 – paragraph [0028]), wherein the packaging film comprises a first recess and a second recess; the first recess and the second recess are configured for accommodating the electrode assembly, the first recess has a depth greater than the second recess, the first surface faces a bottom surface of the first recess, and the second surface faces a bottom surface of the second recess (see figure 4) which allows for a sufficiently securing bonding force that prevents the position of the power generation element 40 with respect to the exterior member 50 from being shifted laterally beyond an allowable dimension when the unit cell 100 receives an impact (paragraphs [0029-0036]).
Therefore, it would have been obvious to one of ordinary skill in the art at the before the effective filing date of the claimed invention filed to include a recessed packaging film in the battery cell of Kawate et al. as such prevent shifting of the electrode assembly as taught by Ono et al.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Pub 2017/0244129 newly cited, teaches adhesive tapes on a winding core in various locations (figure 3) considered relevant to the claims.
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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/NICHOLAS P D'ANIELLO/Primary Examiner, Art Unit 1723