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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-3, 5-14, and 16-18 in the reply filed on 05/06/2026 is acknowledged.
Claims 20 and 22-24 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/06/2026.
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 14 and 16 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 14 recites the limitation "the third sealing part" in line 2. There is insufficient antecedent basis for this limitation in the claim. A third sealing part is first introduced in unconnected claim 13.
Claim 16 recites the limitation "the lower corner part" in line 2. There is insufficient antecedent basis for this limitation in the claim. A lower corner part is first introduced in unconnected claim 3.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-3, 11, 13, 16 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yageta et al. (PGPub 2006/0210872).
Considering Claim 1, Yageta discloses a pouch type secondary battery (secondary battery [0061] that is a flexible laminate pouch type [0036, Figure 1] with cup area [0007]) comprising:
an electrode assembly having a structure wherein electrodes and a separator are alternately disposed (cell element 13 has a plurality of positive laminated poles and negative poles [0031, Figure 1] which are alternately laminated through separators [0032]);
a pouch type exterior wherein a cup (P) having a shape recessed (flexible laminate pouch [0036, Figure 1] with recessed cup area shape [0007, 0015, Figure 1]) to accommodate the electrode assembly is formed (cup area for receiving the electric device element [0015, Figure 1]); and
an electrode lead electrically connected to the electrode assembly and protruding outward through a circumference of the exterior (pole leads 12a and 12b connected to respective poles of cell element [0031, Figure 1] and protruding outward from circumference of exterior [0031, Figure 1]),
wherein a sealing part is formed on the exterior along the circumference of the electrode assembly (thermally sealed area 14 formed around circumference of electrode assembly [0040, Figure 1]),
the electrode lead comprises a first electrode lead protruding outward through an upper periphery of the exterior (negative pole lead 12b protrudes through upper exterior periphery [0031, Figure 1]),
the sealing part comprises a first sealing part formed to cover the first electrode lead (section of sealed area 14 covers negative pole lead 12b [Figures 1 and 7], thermally sealed area comprises thermally sealable resin layers 17 sealed to each other [0043]), and
one end of the first sealing part is formed on an area within a predetermined distance from an upper corner part of a periphery of the cup (P) (sealing area 14 formed from upper corner part of periphery of cup area 11a [Figures 3 and 7], distance is set to be 2 mm or more [0017] such as 4 mm or more [0055]).
Considering Claim 2, Yageta discloses that left and right ends of the first sealing part are formed on an area within a predetermined distance from an upper left corner part and an area within a predetermined distance from an upper right corner part of the periphery of the cup (P), respectively (upper left and right ends are spaced from corners [Figure 7], distance is set to be 2 mm or more [0017] such as 4 mm or more [0055]).
Considering Claim 3, Yageta discloses that the electrode lead comprises a second electrode lead protruding outward through a lower periphery of the exterior (positive pole lead 12a protrudes outward through lower periphery of exterior [0031, Figure 1]), wherein the sealing part comprises a second sealing part formed to cover the second electrode lead (section of sealed area 14 covers positive pole lead 12a [Figures 1 and 7], thermally sealed area comprises thermally sealable resin layers 17 sealed to each other [0043]), and
wherein one end of the second sealing part is formed on an area within a predetermined distance from a lower corner part of the periphery of the cup (P) (sealing area 14 formed from lower corner part of periphery of cup area 11a [Figures 3 and 7], distance is set to be 2 mm or more [0017] such as 4 mm or more [0055]).
Considering Claim 11, Yageta discloses that the pouch type exterior comprises a first area and a second area,
wherein in the pouch type exterior, a folding part is formed on a boundary between the first area and the second area so that, when the first area is folded with respect to the second area, the first area and the second area face each other (case may be folded in two to sandwich and seal cell element [0038], so end sandwich elements would make up different areas that face each other),
wherein one end of a left end and a right end of the first sealing part, provided adjacent to the folding part, is formed on an area within a predetermined distance from the upper corner part of the periphery of the cup (P) (thermally sealed area formed around whole periphery including described folded part [Figure 1], sealing area 14 formed from upper corner part of periphery of cup area 11a [Figures 3 and 7], distance is set to be 2 mm or more [0017] such as 4 mm or more [0055]), and
wherein one end of a left end and a right end of the second sealing part, provided adjacent to the folding part, is formed on an area within a predetermined distance from the lower corner part of the periphery of the cup (P) (thermally sealed area formed around whole periphery including described folded part [Figure 1], sealing area 14 formed from lower corner part of periphery of cup area 11a [Figures 3 and 7], distance is set to be 2 mm or more [0017] such as 4 mm or more [0055]).
Considering Claim 13, Yageta discloses that the sealing part further comprises a third sealing part formed to connect the first sealing part to the second sealing part (thermally sealed area comprises thermally sealable resin layers 17 sealed to each other [0043], whole sealed area is unified [Figure 7]).
Considering Claim 16, Yageta discloses that at least one or more of the upper corner part and the lower corner part have a rounded shape (corners of cup area 11a are rounded [Figures 1 and 3]).
Considering Claim 17, Yageta discloses that the first sealing part comprises:
a normal lead sealing area (S1) on which an area disposed above the area within a predetermined distance from the upper corner of the periphery of the cup is sealed to cover the first electrode lead (section of sealed area 14 covers negative pole lead 12b [Figures 1 and 7], thermally sealed area comprises thermally sealable resin layers 17 sealed to each other [0043], sealing area 14 formed from upper corner part of periphery of cup area 11a [Figures 3 and 7], distance is set to be 2 mm or more [0017] such as 4 mm or more [0055]) by a sealing tool (thermal sealing performed with a thermal sealing head [0069]); and
wherein a second sealing area (S2) on which the area within the predetermined distance from the upper corner part of the circumference of the cup is sealed (thermally sealed area comprises thermally sealable resin layers 17 sealed to each other [0043], sealing area 14 formed from upper corner part of periphery of cup area 11a [Figures 3 and 7], distance is set to be 2 mm or more [0017] such as 4 mm or more [0055]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Yageta et al. (PGPub 2006/0210872).
Considering Claim 5, Yageta discloses that the distance is set to be 2 mm or more [0017] such as 4 mm or more [0055] to prevent the thermally sealed area from squeezing toward the cell element, so choosing a distance of 5 mm for such predicted results would have been obvious to a person of ordinary skill in the art.
Claims 6-10, 12 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Yageta et al. (PGPub 2006/0210872) and further in view of Park et al. (PGPub 2011/0274955).
Considering Claims 6-10, Yageta discloses a rectangular periphery [Figures 1 and 7], but is silent to an inner periphery with a straight-line shape, a curved shape, straight-line and curved shapes, a concave curved shape, or a convex curved shape.
Park discloses a pouch type case and battery pack [Abstract], wherein an electrode assembly may be spaced from a rectangular periphery [Figure 3], the periphery may be a combination of concave curved and straight [Figure 4], the periphery may be angled and straight [Figure 5], or the periphery may be convex curved [Figure 6]. The shapes may be different [0020] depending on the battery capacity and size as long as there is a spacing to reduce dielectric breakdown [0065, 0069]. Because the shapes may be changed according to needed battery capacity and size while maintaining a spacing to reduce dielectric breakdown [0065, 0069], substituting shapes for one another for such predicted results and needed functions would have been obvious to a person of ordinary skill in the art.
Considering Claim 12, Yageta discloses that the distance is set to be 2 mm or more [0017] such as 4 mm or more [0055] to prevent the thermally sealed area from squeezing toward the cell element, so choosing a distance of 5 mm for such predicted results would have been obvious to a person of ordinary skill in the art.
Considering Claim 14, Yageta discloses that an upper end of the third sealing part is connected to the first sealing part, and wherein a lower end of the third sealing part is connected to the second sealing part (thermally sealed area comprises thermally sealable resin layers 17 sealed to each other [0043], whole sealed area is unified [Figure 7]).
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Yageta et al. (PGPub 2006/0210872) and further in view of Lee et al. (KR20160051060 (see attached Machine Translation)).
Considering Claim 18, Yageta is silent to different thicknesses for the first and second sealing area.
Lee discloses a pouch type secondary battery [Abstract]. The sealant thickness in the region corresponding to the electrode lead is thicker than the thickness in the remaining region [0037, Figure 5], as the invention seeks to prevent the sealing force of the pouch case from becoming weak in the area where the electrode lead is drawn out [0036].
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to combine the pouch battery of Yageta with the sealant thickness difference of Lee in order to prevent the sealing force of the pouch case from becoming weak in the area where the electrode lead is drawn out [0036].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER P DOMONE whose telephone number is (571)270-7582. The examiner can normally be reached M-F 8:00-4:30 PM.
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/CHRISTOPHER P DOMONE/Primary Patent Examiner
Art Unit 1725
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