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 § 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 1-13 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.
Claim 1 recites (emphasis added by Examiner) “the positive electrode and the negative electrode each comprise a coating portions” on line 5 of the claim. The limitation “a coating portions” is unclear whether one coating portion of coating portions are being claimed.
For the purpose of this action, the limitation will be examined as “one or more coating portions.”
Claims 2-13 are also rejected, as they depend upon Claim 1.
Appropriate correction is required.
Claim 1 also recites (emphasis added by Examiner) “the zig-zag shaped electrodes” on line 14 and “the folder-shaped electrodes” on line 16 of the claim. There is insufficient antecedent basis for more than one zig-zag shaped electrode and more than one folder-shaped electrode.
For the purpose of this action, the limitation will be examined as “the zig-zag shaped electrode” and “the folder-shaped electrode.”
Claims 2-13 are also rejected, as they depend upon Claim 1.
Appropriate correction is required.
Claim 2 recites (emphasis added by Examiner):
2. (currently amended) The electrode assembly according to claim 1, wherein: the separator has a zigzag shape formed by bending a long separator sheet in accordance with a predetermined unit length between bends of the separator.
The limitation “between bends of the separator” presents confusion around the structure of the separator’s zigzag shape, as the limitation appears to define the shape as being formed by bending a sheet between bends of itself. To maintain consistency with the instant specification (see page 4, lines 1-2) and ensure clarity of the claim, please delete “between bends of the separator.” For the purpose of this action, the limitation will be examined as “the separator has a zigzag shape formed by bending a long separator sheet in accordance with a predetermined unit length.”
Claims 3, 4, and 8 are also rejected, as they depend upon Claim 2.
Appropriate correction is required.
Claim 11 recites (emphasis added by Examiner):
11. (currently amended) The electrode assembly according to claim 1, wherein: the coating portions of the electrode are formed on both surfaces of the electrode.
The limitation “the electrode” is unclear. Claim 1 (from which Claim 11 depends) comprises a folder-shaped positive or negative electrode, and a zig-zag shaped positive or negative electrode. In Claim 11, it is not clear which of the electrode(s) of Claim 1 is being referred to as “the electrode.” For the purpose of this action, “the electrode” will be examined as “one or more of a folder-shaped positive electrode, a folder-shaped negative electrode, a zig-zag shaped negative electrode, and a zig-zag shaped positive electrode.”
Appropriate correction is required.
Claim 12 recites (emphasis added by Examiner):
12. (currently amended) The electrode assembly according to claim 1, wherein: each of the coating portions of the electrode has a shape in which four sides have the same length.
The limitation “the electrode” is unclear. Claim 1 (from which Claim 12 depends) comprises a positive electrode having at least one coating portion, and a negative electrode having at least one coating portion. In Claim 12, it is not clear whether the coating portion(s) of the positive and/or negative electrode is required to have the claimed shape. For the purpose of this action, “the electrode” will be examined as “at least one of the positive electrode or the negative electrode.”
Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-11 and 13 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Baumeister, US 20160285133 A1.
Regarding Claim 1, Baumeister discloses an electrode assembly (electrode assembly 110 [0095-0103], Figs. 1-6) comprises:
a positive electrode (second electrode 130 [0017, 0095]);
a negative electrode (first electrode 112 [0017, 0095]); and
a separator (separator 116 [0017, 0095]), wherein the positive electrode and the negative electrode each comprise one or more coating portions (see 35 USC 112 Section) coated with an electrode active material (electrodes 112 and 130 have active material regions 148 [0096-0097, 0103], Figs. 2A/B and 5A/B) and non-coating portions not coated with an electrode active material (electrodes 112 and 130 have coating gaps 150/152/154 [0096, 0103], Figs. 2A/B and 5A/B),
wherein the positive electrode has a zigzag shape formed by bending a rectangular sheet in which the coating portions and the non-coating portions are alternately formed (second conductive band 132 of second electrode 130 folded in a second zigzag fold [0046, 0095, 0103], Figs. 1, 4, 6; see alternating active material regions 148 and coating gaps 150/152/154 in Figs. 2B and 5B),
wherein the negative electrode has a folder shape formed by bending a sheet in which each of the non-coating portions is interposed between two of the coating portions (first conductive band 114 of first electrode 112 is folded [0046, 0095, 0103], Figs. 4-6; see alternating active material regions 148 and coating gaps 150/152/154 in Figs. 2A and 5A),
wherein the non-coating portions of the zigzag-shaped electrode forms electrode tabs facing in opposing directions (coating gaps at second folding edges are electrical contact regions that lie opposite one another [0028, 0095, 0103]), and
wherein the non-coating portions of the folder-shaped electrodes form electrode tabs facing in one direction (coating gaps at first folding edges are electrical contact regions, aligned in the first folding direction 138 [0028, 0095, 0103]) and arranged perpendicular to the electrode tabs formed in the opposing directions (two current collectors are attached perpendicularly to one another on the electrode assembly 110 [0103]).
Regarding Claim 2, Baumeister discloses all limitations as set forth above. Baumeister discloses the separator (116) has a zigzag shape formed by bending a long separator sheet in accordance with a predetermined unit length ([0033-0034], Figs. 4-6).
Regarding Claim 3, Baumeister discloses all limitations as set forth above. Baumeister discloses the zigzag-shaped electrode (130) and separator (116) have a folding line formed by being bent, the folding line of the zigzag-shaped electrode is formed on the non-coating portion (coating gaps 152, 154 are required for the folding of the second conductive band 132 [0095, 0103]), and the folding line of the zigzag-shaped electrode is arranged perpendicular to the folding line of the separator (band 132 is folded perpendicularly to separator band 118 [0099, 0103], Figs. 4-6).
Regarding Claim 4, Baumeister discloses all limitations as set forth above. Baumeister discloses the folding line formed on the folder-shaped electrode is arranged parallel to the folding line of the separator (the first conductive band 114 of the first electrode 112 is folded together with the insulating band 118 of the separator 116 [0034, 0095], Figs. 1, 4, 6).
Regarding Claim 5, Baumeister discloses all limitations as set forth above. Baumeister discloses two unit separators (see Unit Separator A and Unit Separator B, Annotated Fig. 4) are located between the two coating portions of the zigzag-shaped electrode (see Zigzag Coating A and Zigzag Coating B, Annotated Fig. 4), two other unit separators (see Unit Separator C and Unit Separator D, Annotated Fig. 4) are located between two other coating portions of the zigzag- shaped electrode (see Zigzag Coating C and Zigzag Coating D, zigzag electrode 130 is coated on both sides [0097, 0101]; Annotated Fig. 4),
one of two coating portions of the folder-shaped electrode is located between the two unit separators (see Folder Coating A in relation to Unit Separator A and Unit Separator B, Annotated Fig. 4), and the other of the two coating portions of the folder-shaped electrode is located between the two other unit separators (see Folder Coating B in relation to Unit Separator C and Unit Separator D, Annotated Fig. 4):
PNG
media_image1.png
740
978
media_image1.png
Greyscale
Baumeister – Annotated Fig. 4
Regarding Claim 6, Baumeister discloses all limitations as set forth above. Baumeister discloses each of the coating portions (148) has a long side facing each other and a short side facing each other (Annotated Figs. 5A/B),
the non-coating portions of the zigzag-shaped electrode are located between the long sides of the coating portions (coating gaps 150/152/154 on electrode 130 are between vertical long side portions of adjacent coating sections, see Fig. 5B), and
the non-coating portions of the folder-shaped electrode are located between short sides of the coating portion (coating gaps 150/152/154 on electrode 112 are between vertical short side portions of adjacent coating sections, see Fig. 5B).
PNG
media_image2.png
622
934
media_image2.png
Greyscale
Baumeister – Annotated Figs. 5A/B
Regarding Claim 7, Baumeister discloses all limitations as set forth above. Baumeister discloses
each of the coating portions has a long side facing each other and a short side facing each other (see Annotated Figs. 5A/B in Claim 6), and
the non-coating portions of the zigzag-shaped electrode are located between the long sides of the coating portion (see Annotated Figs. 5A/B in Claim 6).
Regarding Claim 8, Baumeister discloses all limitations as set forth above. Baumeister discloses the separator band has short sides and long sides (the length of the band is very much greater than the width of the band [0018-0019], see Annotated Fig. 5A). As Baumeister discloses the separator and the folder shaped electrode are bent/folded together (the first electrode 112 is folded together with the separator 116 [0034, 0095]), the bent portion of the separator would be located between the two short sides of the separator (see Annotated Fig. 5A).
PNG
media_image3.png
538
1020
media_image3.png
Greyscale
Baumeister – Annotated Fig. 5A
Regarding Claim 9, Baumeister discloses all limitations as set forth above. Baumeister discloses the zigzag-shaped electrode is a positive electrode (second electrode 130 is a cathode [0017, 0095]).
Regarding Claim 10, Baumeister discloses all limitations as set forth above. Baumeister discloses the folder-shaped electrode is a negative electrode (first electrode 112 is an anode [0017, 0095]).
Regarding Claim 11, Baumeister discloses all limitations as set forth above. Baumeister discloses the coating portions of one or more of a folder-shaped positive electrode, a folder-shaped negative electrode, a zig-zag shaped negative electrode, and a zig-zag shaped positive electrode (see 35 USC 112 Section) are formed on both surfaces of the electrode (it is advantageous if both the first side 158 and the second side 160 of the second conductive band 132 have a coating with active material [0103], Figs. 2A and 5A).
Regarding Claim 13, Baumeister discloses all limitations as set forth above. Baumeister discloses the electrode assembly may be used in a battery cell (an electrochemical cell comprises the electrode assembly [0013, 0036]).
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.
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 12 is rejected under 35 U.S.C. 103 as being unpatentable over Baumeister, US 20160285133 A1 as applied to Claim 1 above, and further in view of Kitaoka et al., JP H0917441 A.
Regarding Claim 12, Baumeister discloses all limitations as set forth above. Baumeister does not disclose the coating portions of at least one of the positive electrode or the negative electrode (see 35 USC 112 Section) has a shape in which four sides have the same length. However, this limitation is taught by Kitaoka et al.
Kitaoka teaches an electrode assembly wherein positive electrode plates 1A and negative electrode plates 1B are formed in the shape of long, thin strips, with the edges of the plates folded ([0011], Fig. 1). Kitaoka teaches the active material coating portions of electrode plates 1A and 1B can have a shape in which four sides have the same length (active material 2A applied on a plate measuring 38 mm in length and 38 mm in width [0022], Fig. 2; active material 2B applied to a portion measuring 40 mm in length and 40 mm in width [0023], Fig. 3).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to have square coating portions on at least one of the positive electrode or the negative electrode, in the electrode assembly of Baumeister, as Kitaoka teaches a square-shaped coating area is suitable for use on a long, strip-like electrode plate.
The change in form or shape, without any new or unexpected results, is an obvious engineering design. See In re Dailey, 149 USPQ 47 (CCPA 1966) (see MPEP § 2144.04).
PNG
media_image4.png
302
874
media_image4.png
Greyscale
Kitaoka – Figs. 1-3
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETHANY C GARCIA whose telephone number is (571)272-2475. The examiner can normally be reached Mon-Fri, 0800 - 1730 MT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at 303-297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BETHANY C GARCIA/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721