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
Claims 5 and 29-37 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group I, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on July 13, 2026.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on October 6, 2023, February 28, 2025, and August 11, 2025 have been considered by the examiner.
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 15-26 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by U.S. Pre-Grant Publication No. 2006/0024572, hereinafter Lee.
Regarding claim 15, Lee teaches an electrode assembly (Fig. 1-2: 10) comprising:
An electrode cell body portion (Fig 1-2: 11, 12, 13) including a separator (Fig 1: 13) stacked between a first electrode sheet (Fig 1: 11) and a second electrode sheet (Fig 1: 12), the first electrode sheet (11), the second electrode sheet (12), and the separator (13) being wound (’11, 12, and 13 in a stacked layer are wound into a jellyroll configuration’ [0040]), and an uncoated portion (Fig 1-2: 11a and 12a) being formed in an end portion of each of the first electrode sheet (11) and the second electrode sheet (12) in a width direction thereof, wherein an active material layer is not coated on the uncoated portion (‘uncoated regions 11a and 12a formed by not coating the active material over the collectors. The uncoated regions 11a and 12a are formed along one edge of the positive electrode 11 and the negative electrode 12 along the longitudinal direction’ [0042]);
A recessed portion (Fig 2: center of uncoated portions of electrode assembly 10) disposed in the uncoated portion (11a and 12a) of the electrode cell body portion (11, 12, 13) at a core side, and having a height at which the recessed portion is more recessed than the uncoated portion in the axial direction thereof, the uncoated portion being disposed more outward than the uncoated portion at the core side in a radial direction thereof (Fig 2: center of uncoated portions is lower than the rest of the uncoated portions);
A plurality of cut lines (Fig 4: 82) provided in an outer portion than the recessed portion (center of uncoated portions) in the radial direction in the uncoated portion (11a, 12a) of the electrode cell body portion (11, 12, 13) and formed to a predetermined depth in the axial direction (‘forms a cut line 82 on the positive uncoated region 11a at a predetermined space’ [0064]);
A plurality of cut lines (82) arrays formed by arranging the plurality of cut lines (82) in a line; and (Fig 2 and 4: cut lines are arranged in a line)
“Formed by arranging the plurality of cut lines” is a product-by-process limitation.
Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product
does not depend on its method of production. If the product in the product-by-process claim is
the same as or obvious from a product of the prior art, the claim is unpatentable even though
the product of the prior art was made by a different process (MPEP 2113). In this case, given
the broadest reasonable interpretation, the final product resulting from the claimed product by process limitation is “cut lines in a straight line”. Art teaching this final formula reads on the limitation regardless of the process.
A plurality of forming portions (Fig 2 and 4: 110a) formed by pressing and laying down bending planned portions (110a) of the uncoated portion (11a, 12a) that are disposed between two cut line arrays (82) adjacent to each other in a peripheral direction from among the plurality cut line arrays (82) (‘has a bent portions 110a uniformly bent toward the center of the electrode assembly 10’ [0045]).
“Formed by pressing and laying down bending planned portions of the uncoated portion” is a product-by-process limitation. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the product of the prior art was made by a different process (MPEP 2113). In this case, given the broadest reasonable interpretation, the final product resulting from the claimed product by process limitation is “sections formed by cut lines pressed down”. Art teaching this final formula reads on the limitation regardless of the process.
Regarding claim 16, Lee teaches the electrode assembly of claim 15 (10), wherein an unbent portion disposed between the two forming portions adjacent to each other in a peripheral direction is formed in a sector shape along a circumferential direction (Fig 2 and 4: 11a and 12a are between bent portions 110a and formed in a sector shape) around a core portion of the electrode cell body portion (11, 12, 13).
“Formed in a sector shape along a circumferential direction” is a product-by-process limitation. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the product of the prior art was made by a different process (MPEP 2113). In this case, given the broadest reasonable interpretation, the final product resulting from the claimed product by process limitation is “unbent portions have a sector shape”. Art teaching this final formula reads on the limitation regardless of the process.
Regarding claim 17, Lee teaches the electrode assembly of claim 16 (10), wherein the unbent portion has a central angle of 30o to 180o (Fig 2 and 4: four unbent portions have a central angle of 90o).
Regarding claim 18, Lee teaches the electrode assembly of claim 15 (10), wherein a cutting depth of the plurality of cut lines (82) reaches a predetermined portion that is spaced outward by a predetermined distance in the axial direction from a boundary portion of the uncoated portion (11a and 12a) and a coated portion (‘the cut line could be the border line to divide a bent portion and a not-bent portion of the positive uncoated region 11a’ [0065] and Fig 2 and 4: the cut lines are the depth of the top of the uncoated portion to the coated portion).
Regarding claim 19, Lee teaches the electrode assembly of claim 18 (10), wherein the recessed portion (center portion uncoated portions) has a height corresponding to the predetermined portion in the axial direction (Fig 2 and 4: cut lines 82 are made to the dept of the center recessed portion).
Regarding claim 20, Lee teaches the electrode assembly of claim 18 (10), wherein the bending planned portions (110as) are bent and formed at a portion corresponding to the predetermined portion in the axial direction (‘the cut line could be the border line to divide a bent portion and a not-bent portion of the positive uncoated region 11a’ [0065] and Fig 2 and 4: 100as are bent towards the center of the uncoated portions).
Regarding claim 21, Lee teaches the electrode assembly of claim 15 (10), wherein the plurality of forming portions (110a) are radially formed around a core portion of the electrode cell body portion (11, 12, 13) (Fig 2 and 4: 110s are formed radially around the center of the uncoated portions).
Regarding claim 22, Lee teaches the electrode assembly of claim 15 (10), wherein the plurality of forming portions (110a) are formed in a shape in which the bending planned portions are laid down toward a core portion of the electrode cell body portion (Fig 2 and 4: 110s are formed radially around the center so that the bend portions can be laid down towards the center).
Regarding claim 23, Lee teaches the electrode assembly of claim 22 (10), wherein the core portion (Fig 2 and 4: center of uncoated portions) is formed in a hollow shape passing through a central portion of the electrode cell body portion (11, 12, 13), and (One of ordinary skill in the art would appreciate that the center of a jellyrolled battery is hollow)
Wherein the plurality of forming portions (110as) do not cover the core portion in the axial direction (Fig 4-5: once pressed down, the bent portions 110a would not cover the center most part of the uncoated portions).
Regarding claim 24, Lee teaches the electrode assembly of claim 15 (10), wherein a width of the recessed portion (Fig 2 and 4: center of uncoated portions) in the radial direction corresponds to a height of the bending planned portions (110s) in the axial direction, the width being measured from a lower end portion of the cut line disposed adjacent to the recessed portion in the radial direction (Fig 2 and 4: the center portion has a diameter that is at least the height of the bent portions 110s).
Regarding claim 25, Lee teaches a battery cell (Secondary Battery of Fig 1) comprising:
The electrode assembly of claim 15 (10);
A battery can (20) in which the electrode assembly is accommodated and electrically connected to one of the first electrode sheet (11) and the second electrode sheet (12) to have a first polarity (‘a container 20 of a cylindrical shape having an opening at one end thereof to receive the electrode assembly 10. Positive and negative electrode collector plates 40 and 50 are electrically connected to the positive and negative electrodes 11 and 12’ [0036]);
A sealing cap portion (30) configured to seal an open end of the battery can (20) (cap assembly 30 mounted on the opening of the container 20 through a gasket 31 to thereby seal the container 20’ [0036]); and
A first current collector plate (40) electrically connected to the other one of the first electrode sheet (11) and the second electrode sheet (12) to have a second polarity (‘positive and negative collector plates 40 and 50 are electrically connected to the positive and negative electrodes 11 and 12 of the electrode assembly 10’ [0036]).
Regarding claim 26, Lee teaches the battery cell of claim 25 (10), wherein the first current collector plate (40) is welded to the forming portion (110a) (‘the fixing of the positive collector plate 40 and the bent portion 110a of the positive uncoated region 11a, and the fixing of the negative collector plate 50 and the bent portion 120a of the negative uncoated region 12a are carried out by laser welding’ [0047]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mia K Holbrook whose telephone number is (571)272-9253. The examiner can normally be reached Monday - Friday 7:30-5.
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/M.K.H./Examiner, Art Unit 1724 /BRIAN R OHARA/Examiner, Art Unit 1724
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