DETAILED ACTION
Introductory Notes
Any paragraph citation of the instant is in reference to the U.S. published patent application.
Foreign priority of 11/23/2021 is acknowledged. Instant is a CON of PCT/CN2021/132467, as such certified copies are not required. Notably Box 12 of the Office Action Summary is not checked as the instant is making no claim under 35 U.S.C. § 119(a)-(d) or (f). This Office Action Summary, and box 12 specifically, supersedes the previous Office Action Summary.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 5-8, 11-12, 16, 18, 20-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by MIYAKE (JP 2017091621 A, supplied with an IDS, English translation used for citations).
Regarding claim 1, MIYAKE discloses an electrode assembly, comprising: a first electrode plate (10), being folded back and forth in a first direction at a plurality of first bending portions (as shown in Figs. 1 and 3), so that the first electrode plate comprises a plurality of first laminates connected by the plurality of first bending portions and stacked in sequence (negative electrode active material layer 14, as shown in Figs. 1 and 3);
and a second electrode plate (30), being opposite the first electrode plate in polarity and being folded only once in a second direction (as shown in Figs. 2 and 3), so that the second electrode plate comprises two second laminates connected to each other by a second bending portion of the second electrode plate (positive electrode active material layer 34, as shown in Figs. 2 and 3), wherein the second direction is perpendicular or parallel to the first direction (as shown in Figs. 2-4 the bend is perpendicular), and the second laminates and the first laminates are alternately stacked in sequence (as shown in Figs. 3 and 4),
wherein the second electrode plate is provided with a fold guiding portion to guide folding of the second electrode plate (fold 38),
and the fold guiding portion is tilted with respect to a width direction of the second electrode plate (as shown in Fig. 4b, the fold 38 is tilted with respect to the width of the folded body positive electrode layer 30).
Regarding claim 2, MIYAKE discloses a first tab of the first electrode plate is located on an edge, other than at least one first bending portion among the plurality of first bending portion portions, of the first electrode plate (as shown in Fig. 1, tab 12 is not on the same edge as fold 16).
Regarding claim 3, MIYAKE discloses the second direction is perpendicular to the first direction, the first tab of the first electrode plate is located on an edge of the first electrode plate adjacent to the at least one first bending portion (as shown in Fig. 1, tab 12 is on an edge adjacent to fold 16), and the second tab of the second electrode plate is located at an end of the second electrode plate farther away from the second bending portion (as shown in Fig. 2 the tab 32 is away from bend 38).
Regarding claim 5, MIYAKE discloses the first tab of the first electrode plate and the second tab of the second electrode plate are located on the same side or on opposite sides (same side, as shown in Fig. 3).
Regarding claim 6, MIYAKE discloses the first tab of the first electrode plate and the second tab of the second electrode plate are located on the same side, and the first tab of the first electrode plate and the second tab of the second electrode plate are arranged in a staggered manner in the first direction (same side as staggered, as shown in Fig. 3).
Regarding claim 7, MIYAKE discloses at least one of the two second laminates of the second electrode plate is provided with a second tab (tab 32).
Regarding claim 8, MIYAKE discloses the second electrode plate has an inert region (36b), wherein:
the inert region comprises the second bending portion of the second electrode plate (36b includes the region of fold 38, as shown in Fig. 2),
the inert region is not coated with an active substance (36b is free of positive electrode active material layer 34),
and a surface, facing the first electrode plate, of the inert region on the second electrode plate is provided with an insulating substance (36b is an insulating layer per [0044]).
Regarding claim 11, MIYAKE discloses the fold guiding portion comprises an indentation or a crease (fold 38 reads on crease because [0168] of the instant states “crease 282 is a folded mark, rather than a recess down into the surface”, as such fold 38 shown in Fig. 2 and in particular Fig. 4 reads on a folded mark as used in instant [0168] and shown in instant Fig. 25).
Regarding claim 12, MIYAKE discloses the fold guiding portion is in the form of at least one of: a solid line … (fold 38 shown in Figs. 2 and 4 reads on a solid line as defined in the instant [0170] which states a solid line is “a continuous straight line or a continuous curve”).
Regarding claim 16, MIYAKE discloses the first electrode plate is a negative electrode plate (negative electrode layer 10) and the second electrode plate is a positive electrode plate (positive electrode layer 30).
Regarding claim 18, MIYAKE discloses a battery cell, comprising: a housing (secondary battery 100 wherein secondary battery 100 encompasses both the cell as well as the housing)
Regarding the remaining limitations, MIYAKE discloses the electrode assembly of claim 1, as discussed in the rejection of claim 1.
Regarding claim 20, MIYAKE discloses the second electrode plate is accommodated within the first electrode plate such that the second bending portion of the second electrode plate wraps around an edge of one of the plurality of first laminates (as shown in Fig. 3, 30 wraps around 10 via fold 38).
Regarding claim 21, MIYAKE discloses a plurality of second electrode plates are provided, and each second electrode plate among the plurality of second electrode plates is provided with the second tab (as shown in Fig. 2, tab 32) and includes only the two second laminates connected to each other by the second bending portion (as shown in Figs. 2 and 3, there are a plurality of 30 and each 30 has a pair of laminates connected by the fold 38).
Regarding claim 22, MIYAKE discloses the plurality of second electrode plates are provided, and each of the only two second laminates of the each second electrode plate among the plurality of second electrode plates is provided with the second tab (as shown in Fig. 2, tab 32).
Regarding claim 23, MIYAKE discloses the second electrode plate is accommodated within the first electrode plate such that the second bending portion of the second electrode plate wraps around an edge of one of the plurality of first laminates (as shown in Fig. 3, 30 wraps around 10 via fold 38).
Regarding claim 24, MIYAKE discloses a plurality of second electrode plates are provided, and each second electrode plate among the plurality of second electrode plates is provided with a second tab and includes only the two second laminates connected to each other by the second bending portion (as shown in Fig. 2, tab 32).
Regarding claim 25, MIYAKE discloses the plurality of second electrode plates are provided, and each of the only two second laminates of the each second electrode plate among the plurality of second electrode plates is provided with the second tab (as shown in Fig. 2, each side has a tab 32).
Regarding claim 26, MIYAKE discloses an electrode assembly, comprising:
a first electrode plate (10), being folded back and forth in a first direction at a plurality of first bending portions (as shown in Figs. 1 and 3), so that the first electrode plate comprises a plurality of first laminates connected by the plurality of first bending portions and stacked in sequence (negative electrode active material layer 14, as shown in Figs. 1 and 3);
and a plurality of second electrode plates (30), each second electrode plate among the plurality of second electrode plates being opposite the first electrode plate in polarity and being folded only once in a second direction (as shown in Figs. 2 and 3), so that the each second electrode plate comprises only two second laminates connected to each other by a second bending portion of the each second electrode plate (positive electrode active material layer 34, as shown in Figs. 2 and 3), wherein the second direction is perpendicular or parallel to the first direction (as shown in Figs. 2-4 the bend is perpendicular), and the second laminates and the first laminates are alternately stacked in sequence (as shown in Figs. 3 and 4), and the plurality of second electrode plates are accommodated within the first electrode plate such that the second bending portion of the each second electrode plate among the plurality of second electrode plates wraps around an edge of one of the plurality of first laminates (as shown in Fig. 3, 30 wraps around 10 via fold 38),
wherein the each second electrode plate is provided with a fold guiding portion to guide folding of the each second electrode plate (fold 38),
the fold guiding portion is tilted with respect to a width direction of the each second electrode plate (as shown in Fig. 4b, the fold 38 is tilted with respect to the width of the folded body positive electrode layer 30),
and each of the only two second laminates of the each second electrode plate is provided with a second tab (as shown in Fig. 2, each side has a tab 32).
Claims 1-4, 18 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by XIANYINAN (CN 113394373 A, supplied with an IDS, English translation used for citations).
Regarding claim 1, XIANYINAN discloses an electrode assembly, comprising: a first electrode plate (2), being folded back and forth in a first direction at a plurality of first bending portions (as shown in Fig. 1), so that the first electrode plate comprises a plurality of first laminates connected by the plurality of first bending portions and stacked in sequence (as shown in Figs. 1 and 3, the sheet 2 has multiple bending lines 24);
and a second electrode plate (1), being opposite the first electrode plate in polarity and being folded only once in a second direction (as shown in Figs. 1 and 2), so that the second electrode plate comprises two second laminates connected to each other by a second bending portion of the second electrode plate (as shown in Figs. 1 and 2, each sheet 1 has a bending line 14), wherein the second direction is perpendicular or parallel to the first direction (as shown in Figs. 1-3 the bend is parallel), and the second laminates and the first laminates are alternately stacked in sequence (as shown in Fig. 1),
wherein the second electrode plate is provided with a fold guiding portion to guide folding of the second electrode plate (bent portion 12),
and the fold guiding portion is tilted with respect to a width direction of the second electrode plate (as shown in Figs. 1 and 2, the bent portion 12 is tilted with respect to the width of folded sheet 1).
Regarding claim 2, XIANYINAN discloses a first tab of the first electrode plate is located on an edge, other than at least one first bending portion among the plurality of first bending portion portions, of the first electrode plate (as shown in Fig. 3, tab 23 is not on the same edge as bending line 24).
Regarding claims 3 and 4, XIANYINAN discloses the second direction is parallel to the first direction, as discussed in the rejection of claim 1. Claim 4 modifies optional limitations of claim 1, upon which it depends; therefore, it is not required that XIANYINAN meet further limitations of the non-selected groups via subsequent dependent claims. See MPEP § 2143.03 which states “Language that suggests or makes a feature or step optional but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art. See, e.g., Fresenius USA, Inc. v. Baxter Int’l, Inc., 582 F.3d 1288, 1298, 92 USPQ2d 1163, 1171 (Fed. Cir. 2009)”.
Regarding claim 18, XIANYINAN discloses a battery cell, comprising: a housing (secondary battery 100 wherein secondary battery 100 encompasses both the cell as well as the housing)
Regarding the remaining limitations, XIANYINAN discloses the electrode assembly of claim 1, as discussed in the rejection of claim 1.
Regarding claim 19, XIANYINAN discloses the second direction is parallel to the first direction, as discussed in the rejection of claim 1. Notably claim 19 requires a perpendicular arrangement by virtue of the limitation “a second tab of the second electrode plate is located at an end of the second electrode plate farther away from the second bending portion”. This arrangement is shown in instant Fig. 10 which may be compared to the parallel arrangement shown in instant Fig. 24. Claim 19 therefore modifies optional limitations of claim 1, upon which it depends; therefore, it is not required that XIANYINAN meet further limitations of the non-selected groups via subsequent dependent claims. See MPEP § 2143.03 which states “Language that suggests or makes a feature or step optional but does not require that feature or step does not limit the scope of a claim under the broadest reasonable claim interpretation. In addition, when a claim requires selection of an element from a list of alternatives, the prior art teaches the element if one of the alternatives is taught by the prior art. See, e.g., Fresenius USA, Inc. v. Baxter Int’l, Inc., 582 F.3d 1288, 1298, 92 USPQ2d 1163, 1171 (Fed. Cir. 2009)”.
Response to Arguments
Regarding art-based rejections, applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any interpretation applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant is encouraged to limit future amendments to either the perpendicular or the parallel arrangement and not both, as well as further limitations toward the fold guiding portion.
Conclusion
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.
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/T.L.M./Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721