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/Restriction
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1–14 drawn to a battery unit, battery, and power consuming device, classified in H01M10/0587.
II. Claim 15 drawn to a preparation apparatus for a battery unit classified in H01M10/04.
The inventions are independent or distinct, each from the other because:
Inventions II and I are related as apparatus and product made. The inventions in this relationship are distinct if either or both of the following can be shown: (1) that the apparatus as claimed is not an obvious apparatus for making the product and the apparatus can be used for making a materially different product or (2) that the product as claimed can be made by another and materially different apparatus (MPEP § 806.05(g)). In this case, the battery unit as claimed can be made by another and materially different apparatus, such as by hand.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
the inventions have acquired a separate status in the art in view of their different classification;
the inventions require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
During a telephone conversation with Fei Shen on 17 April 2026 a provisional election was made without traverse to prosecute the invention of Group I, Claims 1–14. Affirmation of this election must be made by applicant in replying to this Office action. Claim 15 is withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because:
reference character “12” has been used to designate two seemingly different structures in FIG. 2; and
reference characters “23a” and “25” have both been used to designate tabs.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities:
e.g. [0012], [0066]: “um” should instead read “µm”;
[0062]” times of the height” should instead read “times the height”;
[0066]: “great than” should instead read “greater than”;
Appropriate correction is required.
Claim Objections
Claims 1, 2, 4, 9, 11, 13, and 14 are objected to because of the following informalities is objected to because of the following informalities:
Claim 1: “Gpa” should instead read “GPa”;
Claim 2: “times of the height” should instead read “times the height”;
Claim 4: “great than” should instead read “greater than”; “um” should instead read “µm”;
Claim 9: “the adapter piece” should instead read “an adapter piece”;
Claim 11: “the side of the tab” should instead read “a side of the tab”;
Claim 13: “a battery unit” should instead read “the battery unit”’;
Claim 14: “a battery” should instead read “the battery”.
Appropriate correction is required.
Claim Interpretation
Claims 3 and 4: the claim element “thickness” as it relates to the hardness increasing layer is interpreted as a “thickness” in the typical sense as would be understood by one of ordinary skill in the art, i.e. the thickness of one single hardness increasing layer, not including the uncoated region of the electrode plate.
Claim 8: the limitation “wherein the hardness increasing layer is configured as an adhesive or an adhesive tape” is interpreted for the purposes of this office action as “wherein the hardness increasing layer is an adhesive or an adhesive tape”.
Claim 10: the limitation “wherein the uncoated region of the electrode plate is configured to: form a tab by means of convergence” is interpreted for the purposes of this office action as “wherein the uncoated region of the electrode plate forms a tab by means of convergence”.
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.
Claim 1–14 is 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 the claim element “two electrode plates” (line 4), but then references “a coated region and an uncoated region connected to each other” being formed on the electrode plate in the singular (lines 5–6); Claims 5 and 10 additionally recites the claim element “electrode plate” in the singular. It is therefore unclear whether the limitations of Claim 1 and its dependent claims which are in reference to “the electrode plate” are meant to apply to both of the two electrode plates first recited in Claim 1 or only one of the two electrode plates. For the purposes of this office action, all iterations of “the electrode plate” are understood to be in reference to either one of the two electrode plates.
Claim 5 recites the limitation “the hardness increasing layers” in line 1; there is insufficient antecedent basis for this term in the plural in the claim. For the purposes of this office action, Claim 5 is interpreted as: “The battery unit according to claim 1, wherein the hardness increasing layer is provided on each of two sides of the uncoated region in a thickness direction of the electrode plate”.
Claims 2–14 are further rejected under 35 U.S.C. § 112(b) as they depend upon Claims 1, 5, and/or 10 and do not resolve the indefinite language described above.
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.
Claims 1–3, 5–11, 13, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Shinkawa (US 2023/0335804 A1) in view of Sasaki (US 2012/0237810 A1).
Regarding Claim 1, Shinkawa discloses a battery unit (see lithium ion battery 1, [0028], FIG. 1), comprising:
an electrode assembly (see electrode wound body 20, [0028], FIG. 1) comprising two electrode plates that have opposite polarities (see positive electrode 21 and negative electrode 22, [0037], FIG. 1–4, 7), a coated region (see positive electrode active material covered part 21B, [0038], FIG. 1, 2, 4, 7) and an uncoated region (see positive electrode active material uncovered part 21C, [0038], FIG. 4, 7) connected to each other being formed on the electrode plate (21) ([0038], [0044], FIG. 4, 7), the coated region (21B) being coated with an active material layer ([0038], FIG. 4, 7), and the uncoated region (21C) being used for connecting to an electrode terminal of the battery unit (1) ([0046] discloses that the uncoated region (21C) is coupled to positive electrode current collector 24; further, FIG. 1 illustrates that the current collector 24 is connected to the battery cover 14 via safety valve mechanism 30, thus it can be understood that the battery cover 14 serves as the positive electrode terminal for the battery unit (1)); and,
wherein a surface of the uncoated region (21C) is provided with a hardness increasing layer (see insulating layer 101, [0044]; note that [0044] discloses the insulating layer 101 has an effect of preventing internal short circuit of battery unit (1) due to foreign matter, as well as an effect of, in the case of an impact to the battery unit (1), preventing part of the uncoated region from bending and short-circuiting with the opposing electrode (22) by absorbing the impact; thus in can be understood that the insulating layer 101 is a hardness increasing layer).
Shinkawa does not disclose wherein the hardness increasing layer (101) has an elasticity modulus greater than 6 GPa.
Sasaki teaches a battery unit (see battery cell, [0040]), comprising: an electrode assembly (see electrode assembly 4, [0041], FIG. 1–3) comprising two electrode plates that have opposite polarities (see positive electrode 5 and negative electrode 6, [0042], FIG. 4), a coated region (see positive-electrode active material-coated parts 51, [0043], and negative-electrode active material-coated parts 61, [0044], FIG. 4, 5) and an uncoated region (see positive-electrode active material-uncoated part 52, [0045], and negative electrode active material-uncoated part 62, [0045], FIG. 1–6) connected to each other being formed on the electrode plate, the coated region being coated with an active material layer ([0044]–[0045]), and the uncoated region being used for connecting to an electrode terminal of the battery unit ([0064]–[0065]); and, wherein a surface of the uncoated region is provided with a hardness increasing layer (see porous layer 53, [0045], and porous layer 63, [0048], FIG. 4–6; note that [0046] and [0048] teach that the porous layers 53 and 63 have the property of being less liable to deformation due to physical stress; thus it can be understood that porous layers 53 and 63 are hardness increasing layers). Sasaki teaches ([0049]–[0050]) that the hardness increasing layer should have an elasticity modulus of 0.1 to 300 GPa in order to limit its deformation by external factors such as vibration or impact and secure performance.
Sasaki and Shinkawa are analogous to the claimed invention as they are in the same field of battery unit design. It would therefore have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the battery unit of Shinkawa such that the hardness increasing layer has an elasticity modulus of 0.1 to 300 GPa, as taught by Sasaki, for the purpose of limiting its deformation by external factors such as vibration or impact and securing performance.
When the claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness exists (MPEP § 2144.05.I), and thus it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to select the overlapping portions of the ranges for the elasticity modulus of the hardness increasing layer with a reasonable expectation that such selection would successfully result in limited deformation by external factors and secured performance.
Regarding Claim 2, modified Shinkawa discloses the battery unit as set forth above. Shinkawa further discloses wherein the height of the hardness increasing layer (101) is 0.43 times the height of the uncoated region (21C) in a first direction, the first direction being an extending direction of the uncoated region (21C), by disclosing that the hardness increasing layer (101) can have a length in the width direction (y-direction shown in FIG. 4; analogous to the instant first/extending direction) of 3 mm ([0044]), and that the uncoated region (21C) can have a length in the width direction of 7 mm ([0045]); thus 0.43 above is calculated by dividing 3 mm by 7 mm.
Regarding Claim 3, modified Shinkawa discloses the battery unit as set forth above, but does not disclose wherein the thickness of the hardness increasing layer (101) is smaller than the thickness of the active material layer (21B).
Sasaki teaches ([0055]) that the hardness increasing layer should be equal to or smaller than the thickness of the active material layer in order to avoid adding to the thickness of the electrode assembly when compared to a scenario where the hardness increasing layer is not present.
KSR Rationale E (MPEP § 2141) states that it is obvious to choose “from a finite number of identified, predictable solutions, with a reasonable expectation of success”. In the instant case, Sasaki teaches two possible options for the thickness of the hardness increasing layer: (1) equal to the thickness of the active material layer, and (2) smaller than the thickness of the active material layer, both of which would provide the solution of not increasing the thickness of the electrode assembly. It would therefore have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to select option (2) taught by Sasaki and modify the battery unit of modified Shinkawa such that the thickness of the hardness increasing layer is smaller than the thickness of the active material layer, with a reasonable expectation that doing so would result in not increasing the thickness of the electrode assembly.
Regarding Claim 5, modified Shinkawa discloses the battery unit as set forth above. Shinkawa further discloses (FIG. 7) wherein the hardness increasing layer (101) is provided on each of two sides of the uncoated region (21C) in a thickness direction of the electrode plate (21).
Regarding Claim 6, modified Shinkawa discloses the battery unit as set forth above. Shinkawa further discloses ([0044], FIG. 4 and 7) wherein the hardness increasing layer (101) is in abutting connection to the active material layer (21B).
Regarding Claims 7 and 8, modified Shinkawa discloses the battery unit as set forth above, but does not disclose the composition of the hardness increasing layer (101) and therefore does not disclose wherein the hardness increasing layer (101) is adhesively fixed to the surface of the uncoated region (21C) (Claim 7), nor wherein the hardness increasing layer (101) is an adhesive or an adhesive tape (Claim 8).
Sasaki teaches ([0046]–[0047]) that a hardness increasing layer comprising an oxide, a lithium salt, and polyvinylidene fluoride has the benefits of non-participation in charging and discharging, electrochemical stability, and less liability to deformation.
It would therefore have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the battery unit of modified Shinkawa such that the hardness increasing layer comprises an oxide, a lithium salt, and polyvinylidene fluoride, for the purpose of ensuring non-participation in charging and discharging, electrochemical stability, and less liability to deformation. Note that as such a hardness increasing layer comprises polyvinylidene fluoride, evidenced by the instant specification ([0073]) to be an adhesive, it can be understood that the hardness increasing layer is an adhesive and is adhesively fixed to the surface of the uncoated region as claimed.
Regarding Claim 9, modified Shinkawa discloses the battery unit as set forth above. Shinkawa further discloses wherein the uncoated region (21C) comprises a connecting portion for connecting to an adapter piece (see positive electrode current collector 24, [0046], FIG. 1, 5, 6) of the battery unit (1) ([0046]–[0047], FIG. 1, 7; note that [0046]–[0047] discloses that a portion of the uncoated portion (21C) located at an end face 41 of the electrode assembly is connected to the positive electrode current collector 24), and the hardness increasing layer (101) is arranged between the connecting portion (21C) and the coated region (21B) (FIG. 7; note that FIG. 7 shows the hardness increasing layer (101) arranged between the end of the uncoated region (21C) and the coated region (21B)).
Regarding Claim 10, modified Shinkawa discloses the battery unit as set forth above. Shinkawa further discloses wherein the uncoated region (21C) of the electrode plate (21) is configured to: form a tab by means of convergence (see flat surfaces… formed by bending of the uncoated region (21C), [0067], FIG. 1, 6), and the battery unit (1) further comprises an adapter piece (see positive electrode current collector 24, [0046], FIG. 1, 5, 6), with one end of the adapter piece (24) being connected to the electrode terminal (FIG. 1; as also set forth above, FIG. 1 illustrates that the adapter piece (24) is connected to the battery cover 14 via safety valve mechanism 30, thus it can be understood that the battery cover 14 serves as the positive electrode terminal for the battery unit (1)), and the other end of the adapter piece (24) being press-fitted with the tab (FIG. 6, [0066], [0070]; note that [0070] discloses that the adapter piece (24) can be coupled to the flat surface of the tab as well as grooves 43 formed in the tab; one of ordinary skill in the art will understand this amounts to press-fitting).
Regarding Claim 11, modified Shinkawa discloses the battery unit as set forth above, and further discloses wherein a recessed region (see grooves 43, [0066], [0070], FIG. 6) is formed in the side of the tab facing the adapter piece (24) ([0066], FIG. 6), and the adapter piece (24) is partially accommodated in the recessed region ([0070]; note that [0070] discloses that the recessed region (43) can be coupled to, i.e. can partially accommodate, the adapter piece (24)).
Regarding Claim 13, modified Shinkawa discloses the battery unit as set forth above. Modified Shinkawa further discloses a battery (see assembled battery 301, Shinkawa [0098]–[0099], FIG. 10) comprising the battery unit according to claim 1.
Regarding Claim 14, modified Shinkawa discloses the battery as set forth above. Modified Shinkawa further discloses a power consuming device (see electronic equipment and electric transport equipment, Shinkawa [0104], FIG. 11, 12) comprising the battery according to claim 12, the battery being configured to supply electric energy ([0104]).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Shinkawa (US 2023/0335804 A1) in view of Sasaki (US 2012/0237810 A1) as applied to Claims 1–3, 5–11, 13, and 14 above, further in view of Huh et al. (US 2014/0255778 A1).
Regarding Claim 4, modified Shinkawa discloses the battery unit as set forth above, but does not disclose wherein the hardness increasing layer (101) has a thickness greater than or equal to 11 µm.
Huh teaches a battery unit (see secondary battery, [0050], FIG. 7) comprising two electrode plates that have opposite polarities (see cathode 100, [0022], [0050], FIG. 3, 7, and anode 200, [0050], FIG. 7), a coated region (see cathode active material coating portion 10, [0033], FIG. 3) and an uncoated region (see cathode tab 20, [0033], FIG. 3) connected to each other being formed on the electrode plate ([0033], FIG. 3), the coated region being coated with an active material layer ([0033]); and, wherein a surface of the uncoated region is provided with a hardness increasing layer (see insulation layer 40, [0033], FIG. 3; note that [0013] and [0058] discloses that the insulation layer reduces the possibility of physical short circuit due to cell deformation or sharp edges, thus it can be understood that insulation layer 40 is a hardness increasing layer). Huh teaches ([0042]) that the thickness of the insulation layer can be in a range of 1 to 100 µm to ensure sufficient electrical insulation properties and avoid excessive solidification time and thickness.
Huh is analogous to the claimed invention as it is in the same field of battery unit design. It would therefore have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the battery unit of modified Shinkawa such that the hardness increasing layer has a thickness of 1 to 100 µm, as taught by Huh, for the purpose of ensuring sufficient electrical insulation properties and avoiding excessive solidification time and thickness.
When the claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness exists (MPEP § 2144.05.I), and thus it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to select the overlapping portions of the ranges for the thickness of the hardness increasing layer with a reasonable expectation that such selection would successfully result in sufficient electrical insulation properties and avoidance of excessive solidification time and thickness.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Shinkawa (US 2023/0335804 A1) in view of Sasaki (US 2012/0237810 A1) as applied to Claims 1–3, 5–11, 13, and 14 above, further in view of Yokoyama et al. (JP 2007/265846 A; see attached machine translation).
Regarding Claim 12, modified Shinkawa discloses the battery unit as set forth above, but does not disclose wherein the recessed region (43) has a depth greater than or equal to 1 mm. However, one of ordinary skill in the art will understand that the recessed region (43) must necessarily have some depth.
Yokoyama teaches a battery unit (see cylindrical battery, [0007]), comprising: an electrode assembly (see electrode body, [0007], also referred to as spiral electrode group 10, [0017], FIG. 1–7) comprising two electrode plates that have opposite polarities (see positive electrode core 11a, [0014], and negative electrode core body 12a, [0016], FIG. 1), a coated region (see positive electrode mixture layer 11b, [0014], FIG. 1) and an uncoated region (see uncoated region 11c, [0014], FIG. 1–6) connected to each other being formed on the electrode plate ([0014], FIG. 1), the coated region being coated with an active material layer ([0014]), wherein the uncoated region of the electrode plate is configured to: form a tab by means of convergence ([0019], FIG. 2–5), and the battery unit further comprises an adapter piece (see positive electrode current collector 14, [0007], [0020], FIG. 3–7), with one end of the adapter piece being press-fitted with the tab ([0021], FIG. 3–7), wherein a recessed region (see bent grooves 11d, [0007], [0019], FIG. 2–7) is formed in the side of the tab facing the adapter piece, and the adapter piece is partially accommodated in the recessed region ([0009], [0021], FIG. 3–7). Yokoyama teaches that the recessed region can have a depth of 2 mm ([0018]; note that [0018] discloses the slits made to form the recessed regions can have a depth of 2 mm, and one of ordinary skill in the art will understand that the resultant recessed region will have a depth substantially equal to that of the slits).
Yokoyama is analogous to the claimed invention as it is in the same field of battery unit design. Furthermore, KSR Rationale A (MPEP § 2141) states that it is obvious to combine “prior art elements according to known methods to yield predictable results”. In the instant case, modified Shinkawa discloses recessed regions which must necessarily have some depth, and Yokoyama teaches a recessed region serving the same purpose of partially accommodating an adapter piece with a depth of 2 mm. It would therefore have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the energy storage device of modified Shinkawa such that the recessed region has a depth of 2 mm, as taught by Yokoyama, to yield the predictable result of an operational battery unit with an adapter piece appropriately partially accommodated in the recessed region.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JULIA MARIE FEHR, Ph.D. whose telephone number is (571)270-0860. The examiner can normally be reached Monday - Friday 9:00 AM - 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, BASIA RIDLEY can be reached at (571)272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.M.F./Examiner, Art Unit 1725
/BASIA A RIDLEY/Supervisory Patent Examiner, Art Unit 1725
Prosecution Insights