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 § 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.
Claims 1-15 are 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.
Independent claims 1 and 14 each recite the term “the tab” without antecedent basis. In each case, the claim first recites “the battery cell comprises a body and tabs” which does not provide antecedent basis for “the tab” since it is unclear which of the multiple previously recited tabs this is mean to refer back to.
Similarly, claims 2 and 15 each recite “the foldable portion” without antecedent basis since the previous recitation in each claim is “foldable portions”.
Regarding claim 5, it is unclear if the recitation “the battery cell comprises two tabs” is meant to further define the previously recited “tabs” or if it is meant to introduce two additionally required tabs. Because no article is provided before “foldable portions” in claim 5 it is unclear if it is intended to introduce new foldable portions or merely meant to further define the previously “foldable portions”. Similarly, it is unclear if the later recited “two foldable portions” introduces two new foldable portions or is mean to refer back to the previously recited foldable portions connected to two opposite ends of the current collector. Moreover, it is unclear what is meant by “the two tabs being connected to two foldable portions respectively”. For examination purposes the Office will consider the recited “two tabs” to simply be further definition of the previously recited tabs, “foldable portions” to further define the previously recited “foldable portions”, “two foldable portions” to refer to the previously recited foldable portions connected to two opposite ends of the current collector, and “the two tabs being connected to two foldable portions respectively” to require each of the two tabs to be connected to a respective one of the two foldable portions connected to two opposite ends of the current collector.
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.
Claim(s) 1-4, 6-8, 11, 14, and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chinese Patent Publication No. 108428021 to Zhang (published August 21, 2018, more than three years prior to the earliest effective filing date of the present application; citing to English language equivalent U.S. Patent Application Publication No. 2021/0074963 “Zhang”). Regarding claims 1 and 14, Zhang discloses batteries for use in electric vehilces. Zhang at paragraph [0003]. The battery includes an electrode assembly including a main body and tab portions extending from top and bottom thereof. Id. at Abstract and Figure 1. The electrode assembly is held in a case, the case having an opening that is covered by a cover assembly. Id. One tab extends from the main body towards the cover assembly. Id. The battery further includes a current collector located between the main body and the cover assembly, one end of the current collector being connected to a terminal included in the cover assembly, the other end being connected to the tab.
Regarding the connection between the tab and the current collector in Zhang, the tab includes a bent portion (210a) that connects to a second connecting portion of the current collector (32). Id. at Abstract and Figure 3. In can be seen that the bent portion (210a) of the tab is located on an upper surface of the second connecting portion (32) of the collector that is facing the cover assembly. Id. Thus, the bent portion of the tab of Zhang corresponds to the recited first connection portion of the tab.
Further regarding claims 2, 3, and 15, the first connection portion of the current collector is bent/folded inward from a transition portion (33) of the collector. Id. The second connection portion of the current collector that connects to the terminal is also bent/folded inward from the transition portion such that it is stacked/staggered above the first connection portion.
Further regarding claim 4, the transition portion of the collector defines a lateral edge of the collector. Id. at Figure 3.
Further regarding claim 6, the current collector, including both first and second connecting portions and the transition portion, is a single integrated unit.
Further regarding claim 7, as noted above, the tab extends upward from (i.e., is connected to) the main body of the electrode assembly and then bends 90 degrees to be parallel with the cover assembly and second connection portion of the collector to which it is also connected, thus bending around this portion of the collector. Id. at Abstract and Figure 3.
Further regarding claims 8 and 11, the cover assembly includes a top cover plate that seals the opening of the case, where the bottom surface of the top cover plate is an insulator, and a terminal that extends through the top cover plate for what Zhang calls the first connecting portion of its collector to connect to the terminal. What Zhang calls the second connecting portion of its collector is then located below this portion, a gap formed by the transition portion of the collector, with the bent portion of the tab residing inside that formed gap. Thus, what Zhang calls its second connecting portion of its collector corresponds to the recited first current collection portion and what Zhang calls its first connecting portion of its collector corresponds to the recited second current collection portion.
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 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) 5, 12, and 13, is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhang. Zhang is applied as described above.
Further regarding claim 5, The first and second connection portions of the collector of Zhang (i.e., foldable portions) extend along the entire width of the collector, thus being present at both horizontal ends of the collector. Moreover, the bent portion of the tab also extends along that entire length. Although Zhang discloses each of those as single unified bodies, making them separate into two bent portions of the tab each connected to a respective separate second connection portion of the collector of Zhang is per se obvious. MPEP 2144.04(V).
Further regarding claims 12 and 13, as noted above Zhang discloses its battery is an improvement on designs used in electric vehicle devices. Although Zhang doesn’t expressly disclose that its battery is placed in a box when part of such vehicles, the Office notes that it is common for such vehicles to include a large number of individual cells such as those described in Zhang in a battery box for safe and efficient storage of the large collection of batteries required to power the vehicle. Thus, the Office finds that the recited box amounts to nothing more than the obvious use of a commonly known structure in the implementation of batteries disclosed in Zhang.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WYATT P MCCONNELL whose telephone number is (571)270-7531. The examiner can normally be reached 9am to 5pm M-F.
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/WYATT P MCCONNELL/ Examiner, Art Unit 1727