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 .
Double Patenting
The rejection of claims 1-6 on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of copending Application No. 18/303626 is withdrawn in view of Applicant’s amendments.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 8 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 8 is indefinite because it is not clear what is meant by the length in the thickness direction. It appears that the length in the thickness direction is just a measure of the thickness. Furthermore, it is not clear what is meant by the “outer edge of the battery.” The outer edge of the battery itself would be the same as the outer edge of current collector terminal; in which case, the ratio would necessarily be 1.
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.
The rejection of claim(s) 1-4 under 35 U.S.C. 102a1 as being anticipated by Taniuchi et al. (JP 2021-198281). All citations refer to the English translation made of record by Applicants.
Claim(s) 1, 3-4, and 6 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Uemura et al. (US 2021-0013462).
Uemura et al. disclose a battery cell having an exterior body (2) housing an electrode body (6) with a tab lead (7) including a terminal lead (7a) and a tab film (7b) arranged on a side surface part of the electrode body (see Fig 2 and 6). The tab film (7b) reads on the claimed “current collector tab connected to a surface of the current collector terminal facing the side surface portion of the electrode body.” The electrode body is formed from a laminate (see claim 1) and the tab lead (7) is attached to each of the positive and negative electrodes and a heat-sealing piece is a tab film included in the tab lead (see claim 4). The reference also discloses that the outer edge of the tab lead (7) is located on an inner side of an outer edge of the flat shaped electrode body (6)- see Fig 2.
Uemura et al. also teaches that the exterior body covers a surface including the outer edge of tab (7) and the outer edge of electrode body (6)- (see Fig 2 and 6). In Figure 6-7, Uemura et al. shows that a fused portion in which inner surfaces of the exterior body are fused to each other and are disposed at the corner portion of tab lead (7). The fused portion has first and second surfaces facing one another and a curved surface that connects both surfaces wherein a direction normal to the first and second surfaces is parallel to a thickness direction of the battery (Figures 6-7).
The fused portion extends from an end portion of the exterior body on the current collector side toward the flat shaped electrode body side.
With regard to claim 3, see Fig 6.
With regard to claim 4, see Figures 1-2.
With regard to claim 6, see paragraphs [0033]- [0035] for disclosure of a preparation method for the above-described electrode structure.
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.
The rejection of claim(s) 5 under 35 U.S.C. 103 as being unpatentable over Taniuchi et al. (JP 2021-198281) is withdrawn in view of Applicant’s amendments.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uemura et al. (US 2021-0013462).
Uemura et al. et al. disclose all of the features of the claimed invention except for the ratio of a length of the outer edge of the current collector terminal to a length of the outer edge of the electrode body being in the range of 0.7-1 (claim 5) and the ratio of the same lengths measured in the thickness direction being
While Uemura et al. does not disclose this specific ratio, it does teach that tab lead (7) is located on an inner side of an outer edge of the battery (6)- (see Figure 2) and therefore, has a length ratio to that of the outer edge of the battery of less than 1. It would have been a matter of routine experimentation to determine the optimal length of the tab lead (14a) to that of the battery given the fact that the reference does not further limit the size of the tab leads.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uemura et al. (US 2021-0013462) in view of Taniuchi (JP 2021-198281).
Uemura et al. et al. disclose all of the features of the claimed invention but does not show or describe an inclined surface having a triangular shape in plan view.
Taniuchi relates to a similar battery structure wherein the laminate film covering the electrode body has an inclined surface with a triangular shape in plan view (see Figures 2-3).
It would have been obvious to one of ordinary skill in the art to form a laminate film having a triangular shape in plan view in the invention taught by Uemura et al. in view of the teaching by Taniuchi that such a configuration was a suitable means for encasing an electrode body in a battery cell.
Allowable Subject Matter
Claim 7 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The closest prior art to Uemura et al. fails to teach or suggest a surcture wherein the first and second surfaces of the fused portion are in direct contact. Instead, Uemura et al. requires the presence of a heat-sealing resin (7b) in between the fused aluminum first and second surfaces.
Response to Arguments
Applicant's arguments filed 4/6/26 have been fully considered but they are not persuasive with regard to the rejections in view of Uemura et al.
Applicant argues that Uemura et al. does not meet the claims as newly amended because it fails to teach an electrode body including a current collector tab connected to (2) a surface of the current collector terminal and (2) the side surface portion of the electrode body. Applicant maintains that Uemura only discloses a current collector terminal without a current collector tab.
The Examiner respectfully disagrees. Uemura discloses a tab portion (7) having two components- 7a and 7b. Portion 7b reads on the claimed “current collector tab” as is connects the external portion of 7a to the electrode body portion of the battery structure. Therefore, the rejections of the claims in view of Uemura et al. are maintained.
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 HOLLY RICKMAN whose telephone number is (571)272-1514. The examiner can normally be reached Mon, Tues, Thurs, 9am-3pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Ruthkosky can be reached at 571-272-1291. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Holly Rickman/Primary Examiner, Art Unit 1785
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