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 .
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) 1-9 & 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Meng (CN113948711A, see Machine Translation for citations) (Provided in Applicant’s IDS filed on March 31st, 2023) in view of Cai (CN111969171A, see Machine Translation for citations) (Provided in Applicant’s IDS filed on March 31st, 2023).
Regarding Claim 1 & 12, Meng discloses an electronic device ([001-002]) comprising electrochemical apparatus ([005]), comprising an electrode assembly and a housing accommodating the electrode assembly ([005]); the electrode assembly comprising a first electrode plate, a second electrode plate, and a separator ([005], [0011]); the first electrode plate, the second electrode plate, and the separator being wound ([0083]), the separator being disposed between the first electrode plate and the second electrode plate ([0011]); wherein
The first electrode plate comprises a first current collector and a first active material layer ([005]), wherein the first current collector comprises a first region and a second region, the second region is at an end of the first current collector in a first direction to form a first tab, and the first active material layer is disposed in the first region (first current collector includes a first part and a second part, [005], first active material layer is disposed on the first part, [005], second part has a first shaping area, [005], where the first shaping area has a first tab, [009], Fig. 2); and
The second electrode plate has a second current collector ([0011]), with a second tab ([0107]), and a second active material layer ([0086]); wherein the second tab is connected to an end of the second current collector ([0106]), the end of the second current collector being facing away from the second region in the first direction (Fig. 8, [0106]), the second tab is integrally formed with the second current collector ([0106]), and the second active material layer is disposed on a surface of the second current collector ([0106]); wherein
The first region has a first side in a width direction of the first current collector, the first current collector is wound, and the first direction is an extension of the first side (Fig. 1-3, [0090]).
Meng does not directly disclose wherein two second tabs and wherein the two second tabs are spaced apart in a winding direction of the electrode assembly.
Cai discloses an electrochemical device ([006]) with a wound electrode assembly that includes a first electrode and a second electrode ([009]). Cai further discloses wherein the second electrode can contain a plurality of tabs ([0051]). Cai teaches that this structure provides improved tab strength ([0042]).
Therefore, it would be obvious to one of ordinary skill in the art to modify the structure of Meng with the teachings of Cai to have wherein two second tabs and wherein the two second tabs are spaced apart in a winding direction of the electrode assembly. This modification would yield the expected result of improved tab strength.
Regarding Claim 2 & 13, Meng in view of Cai discloses the limitations as set forth above. Meng further discloses wherein the second region is wound continuously in the winding direction (overall electrode assembly is wound, [0090], second part acting as second region is part of wound current collector, [0084], Fig. 2/4).
Regarding Claim 3 & 14, Meng in view of Cai discloses the limitations as set forth above. Meng further discloses wherein the electrochemical apparatus further comprises a first conductive member and a second conductive member (first conductive element-50, [0084], and second conductive element-70, [0086]); wherein
One end of the first conductive member is connected to the first tab and another end of the frist conductive housing extend out of the housing (first conductive member-50 extends out of the packing bag, [0077], and connects to first tab through first shaping region, [0084]).
Meng further discloses wherein another end of the second conductive member extends out of the housing and is connected to the second tabs (second conductive member has same structure to first conductive member, [0101]).
Meng does not directly disclose wherein ends of the at least two second tabs facing away from the second current collector are stacked, one end of the second conductive member is connected to the at least two second tabs.
Cai discloses an electrochemical device ([006]) with a wound electrode assembly that includes a first electrode and a second electrode ([009]). Cai further discloses wherein the second electrode can contain a plurality of tabs ([0051]). Cai teaches that this structure provides improved tab strength ([0042]).
Is it the examiner’s position that since the plurality of second tabs are wound around the winding axis with the electrode sheet, that the second tabs would form a stacked structure when wound.
Therefore, it would be obvious to one of ordinary skill in the art to modify the structure of Meng with the teachings of Cai to have wherein ends of the at least two second tabs facing away from the second current collector are stacked, one end of the second conductive member is connected to the at least two second tabs.
Regarding Claim 4 & 15, Meng in view of Chai discloses the limitations as set forth above. Meng discloses wherein the first conductive member is welded to the first tab to form a first welding region (first conductive member-50 welded to tab, [0100]).
Meng does not directly disclose wherein the electrochemical battery satisfies at least one of the following conditions:
a) 0.3 mm ≤ L11 ≤ H, wherein in a second direction perpendicular to both the first direction and a thickness direction of the electrochemical apparatus, a third direction is a direction parallel to a plane where the first welding region is located and perpendicular to the second direction, L11 is a width of the first welding region in a third direction, the second region has a second side adjacent to the first region in the width direction of the first electrode plate, and H is a length of the second side;
b) 0.5 < H/T 3.5, wherein the second region has a second side adjacent to the first region in a width direction of the first electrode plate, H is a length of the second side, and T is thickness of the electrochemical apparatus;
c) 0.5 mm ≤ L12 < W, wherein L12 is a width of the first welding region in a second direction, an W is a width of the electrochemical apparatus in the second direction, the second direction being a direction perpendicular to the first direction and a thickness direction of the electrochemical apparatus; or
d) 5N ≤ F ≤ 900N, wherein F is a welding tension between the first conductive member and the first tab.
Meng in view of Chai discloses wherein the width of the first shaping region extending out of the separator along the first direction is 0.5 mm ≤ d3 ≤ 5mm and wherein thickness of the first shaping region along the thickness direction of the first shaping region along the thickness direction of the first electrode is d4, 0.2 mm ≤ d4 ≤ 5mm ([0013]). Meng further discloses wherein the welding area can be adjusted to optimize high-rate charge and discharge and reducing temperature rises ([0100]).
The examiner notes that conditions A-C are relative dimension properties. The examiner notes that Meng discloses a electrochemical battery with a first electrode, second electrode, a separator, has a wound electrode assembly, has a first current collector and a second current collector each with their own first and second tabs, a first region and a second region on the first and second current collectors, a first conductive member and a second conductive member (see claim 1 and claim 3 rejection above), which is substantially the same structure as the instant application, and performs the same function as the instant application of providing an electrochemical device with improved performance and reduced risk of short circuits.
Furthermore the examiner notes, that since only one condition is required out of A-D, that D is an optional limitation.
In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955) (Claims directed to a lumber package “of appreciable size and weight requiring handling by a lift truck” were held unpatentable over prior art lumber packages which could be lifted by hand because limitations relating to the size of the package were not sufficient to patentably distinguish over the prior art.); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976) (“mere scaling up of a prior art process capable of being scaled up, if such were the case, would not establish patentability in a claim to an old process so scaled.” 531 F.2d at 1053, 189 USPQ at 148.).
In Gardnerv.TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Therefore, absent a showing of criticality, it would be obvious to one of ordinary skill in the art using modified Meng to have wherein the electrochemical battery satisfies at least one of the following conditions:
a) 0.3 mm ≤ L11 ≤ H, wherein in a second direction perpendicular to both the first direction and a thickness direction of the electrochemical apparatus, a third direction is a direction parallel to a plane where the first welding region is located and perpendicular to the second direction, L11 is a width of the first welding region in a third direction, the second region has a second side adjacent to the first region in the width direction of the first electrode plate, and H is a length of the second side; b) 0.5 < H/T 3.5, wherein the second region has a second side adjacent to the first region in a width direction of the first electrode plate, H is a length of the second side, and T is thickness of the electrochemical apparatus; c) 0.5 mm ≤ L12 < W, wherein L12 is a width of the first welding region in a second direction, an W is a width of the electrochemical apparatus in the second direction, the second direction being a direction perpendicular to the first direction and a thickness direction of the electrochemical apparatus; or d) 5N ≤ F ≤ 900N, wherein F is a welding tension between the first conductive member and the first tab.
Regarding Claim 5 & 16, Meng in view of Cai discloses the limitations as set forth above.
Meng discloses wherein the electrochemical apparatus comprises N first conductive members where N equal 1 ([0103]).
Meng does not directly disclose wherein L21/2 – 2d ≤ L1 ≤ L21/2 + 2d, wherein L1 is a distance between the first conductive members and the first side in the winding direction of the first electrode plate, the first region further had a third side in the width direction of the first current collector, L21 is a distance between the first side and the third side in the winding direction of the first electrode plate, and d is the width of the first conductive member.
The examiner notes that “wherein L21/2 – 2d ≤ L1 ≤ L21/2 + 2d, wherein L1 is a distance between the first conductive members and the first side in the winding direction of the first electrode plate, the first region further had a third side in the width direction of the first current collector, L21 is a distance between the first side and the third side in the winding direction of the first electrode plate, and d is the width of the first conductive member“ is a relative dimension property. The examiner notes that Meng discloses a electrochemical battery with a first electrode, second electrode, a separator, has a wound electrode assembly, has a first current collector and a second current collector each with their own first and second tabs, a first region and a second region on the first and second current collectors, a first conductive member and a second conductive member (see claim 1 and claim 3 rejection above), which is substantially the same structure as the instant application, and performs the same function as the instant application of providing an electrochemical device with improved performance and reduced risk of short circuits.
In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955) (Claims directed to a lumber package “of appreciable size and weight requiring handling by a lift truck” were held unpatentable over prior art lumber packages which could be lifted by hand because limitations relating to the size of the package were not sufficient to patentably distinguish over the prior art.); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976) (“mere scaling up of a prior art process capable of being scaled up, if such were the case, would not establish patentability in a claim to an old process so scaled.” 531 F.2d at 1053, 189 USPQ at 148.).
In Gardnerv.TEC Syst., Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Therefore, absent a showing of criticality, it would be obvious to one of ordinary skill in the art using modified Meng to have wherein L21/2 – 2d ≤ L1 ≤ L21/2 + 2d, wherein L1 is a distance between the first conductive members and the first side in the winding direction of the first electrode plate, the first region further had a third side in the width direction of the first current collector, L21 is a distance between the first side and the third side in the winding direction of the first electrode plate, and d is the width of the first conductive member.
Regarding Claim 6 & 17, Meng in view of Cai discloses the limitations as set forth above.
Meng further discloses wherein layers of an end of the first tab facing away from the second tab converge and are stacked in a thickness direction of the electrochemical apparatus to form a first converging portion; and the first conductive member is fixed to the first converging portion (first shaping region includes a first tab extending outward along a first direction, [009], edge sealing-12 acts as converging potion, [0081], Fig. 1,first conductive element is connected to first shaping area-311a, Fig. 2, [0084]).
Regarding Claim 7 & 18, Meng in view of Cai discloses the limitations as set forth above. Meng further discloses wherein the first converging portion is bent, an end of the first converging portion facing away from the second electrode plate is a first end portion, and the first end portion is opposite to the second electroplate (Fig. 2 shows bent portion is facing away from second electrode, first converging portion is portion of end seal-12 that faces away from the second electrode plate-321, Fig. 1/2, [0086]); and the first conductive member comprises a first portion and a second portion connected to each other, the first portion is tacked on the first end portion, the second portion is bent relative to the first portion, one of the second portion if connection to the first portion and other end of the second portion is extends away from the electrode assembly (first conductive element-50 has first structural elment-51 and second structural element-52, Fig. 2, [0100]).
Regarding Claim 8 & 19, Meng in view of Cai discloses the limitations as set forth above. Meng further discloses wherein the second current collector comprises: a third region, a second active material on the surface of the third region; and a fourth region disposed at an end of the third region, the end of the third region being an end facing away from the second region, wherein a surface of the fourth region is not provided with a second active material layer (second current collector has a third part and a fourth part where the active material layer is disposed on a third part, [0105]).
Meng in view of Cai discloses at least two second tabs.
Meng further discloses wherein the second tabs comprises a fifth region and a sixth region, the fifth region being connected to an end of the fourth region, the end of the fourth region being facing away from the third region; and the sixth region being connected to an end of the fifth region, the end of the fifth region being facing away form the fourth region (second tab-322a has two portion one portion connected to uncoated portion of current collector acting as the fifth region, Fig. 8, extension part of the second tab that does not connect to the uncoated portion of the current collector acts as the sixth region, [0032]); and
An insulation material layer is provided on surfaces of the fourth region and the fifth region (isolation film-33 acts as insulation material layer, Fig. 2, [0084]).
Regarding Claim 9 & 20, Meng in view of Cai discloses the limitations as set forth above. Meng further discloses wherein the first electrode plate is an anode plate, and a material of the first current collector comprises at least one of copper, aluminum, nickel or alloys thereof (first electrode can be negative or positive electrode, [0083], first current collector can be copper foil or nickel foil, [0088]).
Regarding Claim 11, Meng in view of Cai discloses the limitations as set forth above. Meng further discloses wherein the first electrode plate is a cathode plate (first electrode can be negative or positive electrode, [0083]).
Meng does not directly disclose wherein the first current collector comprises aluminum. Meng discloses wherein the first electrode and second electrode can be interchangeable positive or negative electrodes ([0083]). Meng further discloses wherein the current collector for both electrodes can be copper, nickel or aluminum ([0088]).
Therefore, it would be obvious to one of ordinary skill in the art using the disclosure of Meng to have wherein the first current collector comprises aluminum.
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Meng (CN113948711A, see Machine Translation for citations) in view of Cai (CN111969171A, see Machine Translation for citations) in view of Liu (US20220085384).
Regarding Claim 10, meng in view of Cai discloses the limitations as set forth above.
Meng does not directly disclose wherein the first current collector satisfies at least one of the following conditions: h) the first current collector has a thickness of 3um to 6um; or i) the first current collector has a tensile strength of 150 MPa to 450 MPa.
Liu discloses a wound electrode assembly ([0135]). Liu further discloses wherein the electrode assembly coonstaines a negative electrode plate positive electrode plate anda separrtors wound into an electrode assembly ([0135]). Liu further discloses wherein the electrode assembly includes current collectors for each electrode ([0022]). Liu further discloses wherein the tensile strength of the current collector can range from 150 Mpa to 500 Mpa ([0039]), which overlaps the instant claim range of 150 Mpa to 450 Mpa. Liu further discloses wherein the current collector thickness can be 1 um to 30 um ([0053]), which overlaps the instant claim range of 3 um to 6 um. Liu teaches that this structure provides improved energy density ([0038]).
Therefore, it would be obvious to modify Meng with the teachings of Liu to have wherein the first current collector satisfies at least one of the following conditions: h) the first current collector has a thickness of 3um to 6um; or i) the first current collector has a tensile strength of 150 MPa to 450 MPa. This modification would yield the expected result of improved energy density.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANKITH R SRIPATHI whose telephone number is (571)272-2370. The examiner can normally be reached Monday - Friday: 7:30 am - 5:00pm.
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/ANKITH R SRIPATHI/ Examiner, Art Unit 1728
/MATTHEW T MARTIN/ Supervisory Patent Examiner, Art Unit 1728
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