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 7, 18 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 7 recites the limitation "a difference obtained by subtracting twice a distance between a bottom edge of the first tab and the second tab and the bottom surface of the jelly roll and then subtracting a thickness of the jelly roll from a total length of the second outer adhesive paper is greater than or equal to -10 mm and less than or equal to 10 mm". This limitation renders the claim indefinite because the claimed calculation is unclear. In the limitation “subtracting twice a distance between a bottom edge of the first tab and the second tab and the bottom surface of the jelly roll”, it is unclear how a distance between the three components are measured.
Claim 18 recites the limitation "a negative electrode current collector". This limitation renders the claim indefinite because the claimed structure is unclear. More specifically, it is unclear whether the negative electrode current collector is part of the positive electrode or another component of the battery, or whether the battery further comprises a negative electrode current collector.
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.
Claim(s) 1, 5-7, 9-12, 16-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Son et al. (US 2008/0233474A1).
Regarding claim 1, Son discloses a battery (Title, Abstract, Fig, 1-6), comprising: a jelly roll (jelly roll [0040]), wherein the jelly roll comprises a first electrode plate (positive electrode [0044]), a separator (separator [0043]), and a second electrode plate that are wound (negative electrode [0045]), the separator is located between the first electrode plate and the second electrode plate which are adjacent to each other ([0043]), the first electrode plate is provided with a first tab (tab 116 [0044]), and the second electrode plate is provided with a second tab (tab 117 [0045]);
the first tab is close to a first bending portion of a first end of the jelly roll, the second tab is close to a second bending portion of a second end of the jelly roll, a winding tail end of the jelly roll covers the first bending portion (Fig. 1-2,5-6 show tab 116 and tab 117 close to respective ‘bending portions’), and the winding tail end of the jelly roll extends in a direction from the first bending portion to the second bending portion (Fig. 5 shows winding tail extending in a direction from one tab 16 to another tab 17); and
an outer side of the jelly roll comprises a first outer adhesive paper, a region between a head of the second end of the jelly roll and the second tab directly faces a first portion of the jelly roll, and the first outer adhesive paper covers at least one side surface of the first portion (finishing tape 120,520 [0042], Fig. 2,6).
Regarding claim 5, Son discloses all of the claim limitations as set forth above. Son further discloses a region between a bottom edge of the first tab and the second tab and a bottom surface of the jelly roll directly faces a second portion of the jelly roll, one end of the second portion is aligned with an end, away from the second tab, of the first tab, and the other end of the second portion is aligned with an end, away from the first tab, of the second tab; and the outer side of the jelly roll further comprises a second outer adhesive paper, and the second outer adhesive paper covers at least one side surface of the second portion (lower tape 130,530 [0042], Fig. 2,5 show lower tape 130,530 aligned with ends of tab 116,516 and tab 117,517, with lower tape 130,530 covering a side surface of a ‘second portion’ of the jelly roll).
Regarding claim 6, Son discloses all of the claim limitations as set forth above. Son further discloses the second outer adhesive paper covers two side surfaces of the second portion and a bottom surface of the second portion (lower tape 130 attached to surround the lower end of the jelly roll 110 [0042], Fig. 2,5).
Regarding claim 7, Son discloses all of the claim limitations as set forth above. Further regarding claim 7 reciting “a difference obtained by subtracting twice a distance between a bottom edge of the first tab and the second tab and the bottom surface of the jelly roll and then subtracting a thickness of the jelly roll from a total length of the second outer adhesive paper is greater than or equal to -10 mm and less than or equal to 10 mm”, an arbitrary ‘total length’ of the second outer adhesive paper (i.e., a sum of any dimension (length, width, thickness, perimeter, etc.) of the second outer adhesive paper) and then drawing an imaginary line representing ‘distance between a bottom edge of the first tab and the second tab and the bottom surface of the jelly roll’ such that the claimed relationship is met can be made.
Regarding claim 9, Son discloses all of the claim limitations as set forth above. Son further discloses a gap is formed between projections of the first tab and the second tab on a side surface of the jelly roll, and a region between the first tab and the second tab directly faces a third portion of the jelly roll (Fig. 1-2,6 show a gap between tabs 116,516 and 117,517); and the outer side of the jelly roll further comprises a third outer adhesive paper, and the third outer adhesive paper covers at least one side surface of the third portion (upper tape 540 between tabs 516,517 [0068]-[0071], Fig. 6).
Regarding claim 10, Son discloses all of the claim limitations as set forth above. Son further discloses the third outer adhesive paper covers two side surfaces of the third portion and a top surface of the third portion ([0068]-[0071], Fig. 6).
Further regarding claim 10 reciting “a difference obtained by subtracting twice a length of a welding section of the first tab or the second tab and then subtracting a thickness of the jelly roll from a total length of the third outer adhesive paper is greater than or equal to -10 mm and less than or equal to 10 mm”, an arbitrary total length of one or more of upper tape(s) 540 can be summed to represent a ‘total length of the third outer adhesive paper’ and any arbitrary length at which electrode tab is welded to the uncoated portion ([0006]) can be made to satisfy the claimed relationship.
Regarding claim 11, Son discloses all of the claim limitations as set forth above. Son further discloses the third outer adhesive paper covers two side surfaces of the third portion and a top surface of the third portion ([0068]-[0071], Fig. 6).
Further regarding claim 11 reciting “a difference obtained by subtracting a thickness of the first tab or the second tab from twice a thickness of the third outer adhesive paper is greater than or equal to -5 µm and less than or equal to 5 µm”, an arbitrary total thickness of one or more of upper tape(s) 540 can be summed to represent a ‘thickness of the third outer adhesive paper’ can be made to satisfy the claimed relationship.
Regarding claim 12, Son discloses all of the claim limitations as set forth above. Son further discloses the first electrode plate is a positive electrode plate, the first tab is a positive tab, the positive electrode plate comprises a positive electrode current collector and a positive electrode active layer, the positive electrode active layer is coated on two opposite surfaces of the positive electrode current collector, two surfaces of a winding head end of the positive electrode plate are exposed to form a positive electrode region uncoated with foil, the positive tab is disposed in the positive electrode region uncoated with foil (first electrode plate includes a first electrode active material layer 113b coated on both sides of a first electrode current collector 113a, including a first uncoated electrode region 113c, first electrode tab 116 electrically coupled to first uncoated electrode region 113c [0044], Fig. 1-6), a first positive tab adhesive paper covers a surface of the positive tab, a second positive tab adhesive paper covers a surface, away from the positive tab, of the positive electrode plate, and the first positive tab adhesive paper is disposed opposite to the second positive tab adhesive paper (insulation member 118 wound on the border region where first electrode tab 116 extends outward from first electrode plate [0047], Fig. 1-6).
Regarding claim 16, Son discloses all of the claim limitations as set forth above. Son further discloses a tail end of the positive electrode plate further comprises a double-sided exposed tail end region uncoated with foil, the tail end region uncoated with foil and a tail end of the separator form a winding tail end of the jelly roll (uncoated electrode region [0044]), and a gap is formed between a tail end of the jelly roll and an edge of the first outer adhesive paper, or a tail end of the jelly roll is connected to an edge of the first outer adhesive paper (see Fig. 2,6); and
a difference obtained by subtracting twice a thickness of the first outer adhesive paper from a sum of thicknesses of the positive tab, the first positive tab adhesive paper, the second positive tab adhesive paper, twice a thickness of the positive electrode current collector, and twice a thickness of the separator is greater than or equal to -5 µm and less than or equal to 5 µm (Fig. 2,6 show twice a thickness of upper tape to be roughly the same as a sum of thicknesses of the positive tab, the first positive tab adhesive paper, the second positive tab adhesive paper, twice a thickness of the positive electrode current collector, and twice a thickness of the separator and, thus, the relationship close to being 0).
Regarding claim 17, Son discloses all of the claim limitations as set forth above. Son further discloses an end portion of a winding head end of the positive electrode region uncoated with foil extends to a region between the positive tab and the second tab (uncoated electrode region [0044], Fig. 2,6), a protective adhesive paper is disposed on each of two opposite sides of the winding head end of the positive electrode region uncoated with foil, and two protective adhesive papers are located in a region between the positive tab and the second tab (Fig. 6 shows lower tape 530 and three upper tape 540 located either at the ‘winding head end’ and/or between tabs 516,517).
Regarding claim 18, Son discloses all of the claim limitations as set forth above. Son further discloses the two protective adhesive papers are attached to a negative electrode current collector located on opposite sides of the positive electrode current collector (Fig. 6 shows lower tape 530 and three upper tape 540 attached to negative electrode current collector).
Regarding claim 19, Son discloses all of the claim limitations as set forth above. Son further discloses the two protective adhesive papers are directly attached to the positive electrode current collector (Fig. 6 shows lower tape 530 and three upper tape 540 attached to positive electrode current collector).
Regarding claim 20, Son discloses all of the claim limitations as set forth above. Son further discloses the two protective adhesive papers are attached to the separator located on opposite sides of the positive electrode current collector (Fig. 6 shows lower tape 530 and three upper tape 540 attached to separator).
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(s) 2, 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Son et al. (US 2008/0233474A1), as applied to claims 1, 5-7, 9-12, 16-20 above, in view of Kim et al. (US 2012/0115025A1).
Regarding claim 2, Son discloses all of the claim limitations as set forth above. However, Son does not further disclose a recessed portion is disposed on a surface, away from the jelly roll, of the first outer adhesive paper, and the recessed portion is opposite to the second bending portion.
Kim discloses a seal tape for battery, wherein seal tape 100 includes stripe-type second adhesive layers 120 attached to the outer surface of first adhesive layer 110, wherein the second adhesive layers adhere to the inner surface of the battery case ([0070], [0074], Fig. 4,6).
Son and Kim are analogous art because they are concerned with the same field of endeavor, namely battery tapes.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Son to incorporate stripe-type second adhesive layers on a first adhesive layer because Kim teaches improved adhesion between the battery case and electrode assembly. The resulting combination envisages a recessed portion between second adhesive layers formed on an outer surface of the adhesive layer (see Fig. 4,6 of Kim, for example).
Regarding claim 4, Son discloses all of the claim limitations as set forth above. Kim further discloses a thickness of a middle region of the recessed portion is greater than or equal to 3 µm and less than or equal to 8 µm (Fig. 6 shows recessed portion having no second adhesive layer 120 and only the first adhesive layer 110; first adhesive layer 110 has a thickness of 7 µm [0048]).
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Son et al. (US 2008/0233474A1) in view of Kim et al. (US 2012/0115025A1), as applied to claims 2, 4 above, and further in view of Kim (US 2011/0287302A1, hereinafter Kim ‘302).
Regarding claim 3, Son discloses all of the claim limitations as set forth above. However, modified Son does not further disclose a thickness of the recessed portion gradually increases from a middle region of the recessed portion to both sides of the recessed portion.
Kim ‘302 discloses a battery comprising a tape 130 including an adhesive base layer 131 facing and contacting an inner surface of the case, wherein the adhesive portion of the base layer is thicker than other portions and having gradually increasing thicknesses facilitate the electrode assembly and the inner surface of the case to be securely fixed to each other by an adhesive force and, thereby, preventing the electrode assembly from moving inside the case ([0069]-[0072], Fig. 1-13).
Son and Kim ‘302 are analogous art because they are concerned with the same field of endeavor, namely battery tapes.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Son by gradually increase thickness of the adhesive layer facing the inner surface of the case because Kim ‘302 teaches improved adhesion and preventing the electrode assembly from moving inside the case.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Son et al. (US 2008/0233474A1), as applied to claims 1, 5-7, 9-12, 16-20 above, in view of Salomon et al. (US 2019/0157683A1).
Regarding claim 8, Son discloses all of the claim limitations as set forth above. However, Son does not further disclose a difference obtained by subtracting a thickness of the first tab or the second tab from twice a thickness of the second outer adhesive paper is greater than or equal to -5 µm and less than or equal to 5 µm”.
Salomon discloses a battery comprising a tab having a thickness between 10 and 200 µm and a sealing tape having a thickness between 50 and 200 µm (see Title, Abstract, claim 3 and 9).
An obviousness determination is not the result of a rigid formula disassociated from the consideration of the facts of a case. Indeed, the common sense of those skilled in the art demonstrates why some combinations would have been obvious where others would not. Leapfrog Enterprises Inc. v. Fisher-Price Inc., 82 USPQ2d 1687 (Fed. Cir. 2007); see also KSR v. Teleflex, 82 USPQ2d 1385, 127 S. Ct. 1727 (2007).
The claim would have been obvious because a particular known technique was recognized as part of the ordinary capabilities of one skilled in the art.
The claim would have been obvious because “a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If the leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense.”
It has been held that choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success is generally within the skill of the art.
Further, the resulting combination envisages a difference obtained by subtracting a thickness of the first tab or the second tab from twice a thickness of the second outer adhesive paper range that overlaps with the claimed range. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
Claim(s) 13-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Son et al. (US 2008/0233474A1), as applied to claims 1, 5-7, 9-12, 16-20 above, in view of Kim et al. (US 2009/0111011A1, hereinafter Kim ‘011).
Regarding claim 13, Son discloses all of the claim limitations as set forth above. However, Son does not further disclose an inner side of the jelly roll comprises a first inner adhesive paper, two opposite surfaces of the positive electrode region uncoated with foil are both provided with the first inner adhesive paper, and one end of each of two first inner adhesive papers covers a head end of the positive electrode active layer; and the other end of each of the two first inner adhesive papers is respectively connected to an end, away from the second tab, of each of the first positive tab adhesive paper and the second positive tab adhesive paper.
Kim ‘011 discloses a battery comprising a positive electrode 20 including an insulating member 26 adhered to a positive electrode non-coating portion 23, adjacent to at least one of the ends of the positive electrode coating portion 22, the insulating member 26 being formed at one or both ends of the electrode coating portion 22, to prevent internal short circuit and, thereby, improve safety of the battery ([0045]-[0047], Fig. 2C).
Son and Kim ‘011 are analogous art because they are concerned with the same field of endeavor, namely batteries.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Son by incorporating an insulating member at one or both ends of the electrode coating portion because Kim ‘011 teaches improved safety.
Regarding claim 14, Son discloses all of the claim limitations as set forth above. However, Son does not further disclose an inner side of the jelly roll comprises a first inner adhesive paper, two opposite surfaces of the positive electrode region uncoated with foil are both provided with the first inner adhesive paper, and one end of each of two first inner adhesive papers covers a head end of the positive electrode active layer; and the first positive tab adhesive paper and the first inner adhesive paper located on one surface of the positive electrode plate are integrally formed, and the second positive tab adhesive paper and the first inner adhesive paper located on the other surface of the positive electrode plate are integrally formed.
Kim ‘011 discloses a battery comprising a positive electrode 20 including an insulating member 26 adhered to a positive electrode non-coating portion 23, adjacent to at least one of the ends of the positive electrode coating portion 22, the insulating member 26 being formed at one or both ends of the electrode coating portion 22, to prevent internal short circuit and, thereby, improve safety of the battery ([0045]-[0047], Fig. 2C).
Son and Kim ‘011 are analogous art because they are concerned with the same field of endeavor, namely batteries.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Son by incorporating an insulating member at one or both ends of the electrode coating portion because Kim ‘011 teaches improved safety.
Regarding claim 15, Son discloses all of the claim limitations as set forth above. Son further discloses the first electrode plate is a positive electrode plate, the first tab is a positive tab, the positive electrode plate comprises a positive electrode current collector and a positive electrode active layer (first electrode plate includes a first electrode active material layer 113b coated on both sides of a first electrode current collector 113a, including a first uncoated electrode region 113c, first electrode tab 116 electrically coupled to first uncoated electrode region 113c [0044], Fig. 1-6).
However, Son does not further disclose an inner side of the jelly roll further comprises second inner adhesive papers, one end of each of the second inner adhesive papers respectively covers a tail end of each of two surfaces of the positive electrode active layer.
Kim ‘011 discloses a battery comprising a positive electrode 20 including an insulating member 26 adhered to a positive electrode non-coating portion 23, adjacent to at least one of the ends of the positive electrode coating portion 22, the insulating member 26 being formed at one or both ends of the electrode coating portion 22, to prevent internal short circuit and, thereby, improve safety of the battery ([0045]-[0047], Fig. 2C).
Son and Kim ‘011 are analogous art because they are concerned with the same field of endeavor, namely batteries.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to modify Son by incorporating an insulating member at one or both ends of the electrode coating portion because Kim ‘011 teaches improved safety.
Further regarding claim 15 reciting “a distance between projections, on a side surface of the jelly roll, of the other end of each of the second inner adhesive papers and an end, away from the second tab, of the positive tab is greater than or equal to 0 mm and less than or equal to 3 mm”, the resulting combination envisages a distance of 0.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES LEE whose telephone number is (571)270-7937. The examiner can normally be reached M-F: 9AM - 5PM.
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/James Lee/Primary Examiner, Art Unit 1725 2/20/2026