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.
Claim 9 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 9 recites “a ratio of a total width of the electrode assembly to a sum of the width of the third region.” This limitation is entirely unclear because it is not clear how a width can be a sum. A sum requires at least two numerical values. The width of the third region is a single value.
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.
(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.
Claim(s) 1-8 and 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ide (US 20160181650 A1).
Regarding Claim 1, Ide discloses a battery cell (para 35 “secondary battery 100; fig.1) comprising: an electrode assembly (para 35 “electrode laminate”), comprising an active material (para 36 “active material 2”; fig. 1) and a foil 3 (para 36, 74, fig 12); and a can accommodating the electrode assembly (para 46 "a can case made of flexible film 30"; fig.1) wherein the foil includes: a first region covered with the active material and having a first thickness; a second region covered with the active material and extending from the first region; and a third region protruding from the second region, wherein the third region has a third thickness, greater than the first thickness, and the second region has a second thickness, greater than the first thickness and less than the third thickness (fig.12, see annotated fig 1 below).
Regarding claim 2, Ide discloses the second region formed to gradually be thicker as it is closer to the third region than the first region (fig.12, see annotated fig. 2 below).
Regarding claim 3, Ide discloses uniform first thickness, and tapered second region (fig.12, see annotated fig.1 below).
Regarding claim 4, Ide discloses third region is not covered with the active material (fig.12, see annotated fig.1 below).
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Regarding claim 5, Ide discloses third thickness is uniform (fig.12, see annotated fig.1 below).
Figure 1 Annotated figure 12 from Ide
Regarding claim 6, Ide discloses third thickness increases in a direction away from the second region (fig.12, see annotated fig.2 below).
Regarding claim 7, Ide discloses the active material includes a first cover region having a fourth thickness, being uniform, and a second cover region having a fifth thickness less than the fourth thickness (fig.12, see annotated fig.2 below).
Regarding claim 8, Ide discloses the first cover region is disposed on the first region, and the second cover region is disposed on the second region (fig.12, see annotated fig.2 below).
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Figure 2 Annotated fig 12 from Ide
Regarding claim 12, Ide discloses foil includes a cathode foil 3 (para 36) and an anode foil 3 (para 79, fig. 12), and the active material includes a positive electrode active material applied on the cathode foil and a negative electrode active material applied on the anode foil (para 36, 74-79, figs 1-2, 11-12).
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(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ide (US 20160181650 A1).
Regarding claim 9, it is not clear if Ide expressly discloses the thickness ratio recited in claim 9. However, Ide discloses that the thickness of the layers can be varied (para 57-59). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, for a ratio of the third thickness to the first thickness is equal to a ratio of a total width of the electrode assembly to a sum of the width of the third region as varying the thickness is obvious to one of ordinary skill in the art absent criticality demonstrated by the applicant. MPEP 2144.04
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ide (US 20160181650 A1), as applied to claim 1 above, in view of GS Yuasa International Ltd (JP 6550863 B2, herein JP863, see attached machine translation).
Regarding Claim 10, Ide discloses a foil (para 36). Ide fails to disclose foil having arcuate or tapered width.
JP863 discloses foil with arcuate or tapered width (fig. 5-7). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the battery cell of Ide such that the foil is arcuate or tapered as taught by GS Yuasa International Ltd as doing such prevents unnecessary force from being applied and suppresses the occurrence of deformation (para 74).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ide (US 20160181650 A1), as applied to claim 1 above, in view of Ou Et al. (CN 113097427 A, see attached machine translation for text citations).
Regarding claim 11, Ide discloses foil not covered with active material (fig.12). Ide fails to disclose the foil includes a protruding region protruding from the first region and not covered with the active material, and the first region is located between the protruding region and the second region.
Ou discloses the foil includes a protruding region protruding from the first region and not covered with the active material, and the first region is located between the protruding region and the second region (para 41 “empty foil area”; fig. 1). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the battery cell of Ide such that the foil includes a protruding region protruding from the first region and not covered with the active material, and the first region is located between the protruding region and the second region as taught by Ou as doing such allows space for setting the negative lug (para 77).
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ide (US 20160181650 A1), as applied to claim 12 above, in view of Cho (US 8999543 B2).
Regarding claim 13, Ide discloses a cathode terminal connected to the third region of the cathode foil (para 35, “positive electrode terminal 11”; fig. 1) and an anode terminal connected to the third region of the anode foil (para 35, “negative electrode terminal 16”; fig. 1). Ide fails to disclose an upper cap assembly connected to the can.
Cho discloses an upper cap assembly connected to the can (C3, L54; fig 1). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the battery cell of Ide such that upper cap assembly is connected to the can as taught by Cho as doing such closes and seals the case (C1, L54).
Conclusion
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/A.K./Examiner, Art Unit 1746
/CHRISTOPHER T SCHATZ/Primary Examiner, Art Unit 1746