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 § 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.
Claim(s) 1-8, 10-19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US20200144674A1 (Zheng).
Regarding claim 1, Zheng teaches the electrochemical device with an electrode assembly [abs], comprising a first electrode plate, a second electrode plate, and a first insulation layer [#1406;#406; fig.4 and fig. 14], the first electrode plate [#403 and #1403; 0056] and the second electrode plate [fig. 4 #401] being wound to form the electrode assembly, wherein a winding terminating end of the first electrode plate exceeds a winding terminating end of the second electrode plate by at least half a turn so that the first electrode plate entirely covers an outer surface of an outermost turn of the second electrode plate, and the first insulation layer being applied on an outer surface of an outermost turn of the first electrode plate [0056; fig. 4; fig. 4 and fig.14] [fig. 4 is annotated and the structural features are depicted below].
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Regarding claim 2, Zheng teaches the electrode assembly according to claim 1, wherein the first insulation layer [#406; fig. 4] extends from the winding terminating end of the first electrode plate [#403; fig. 4] by at least half a turn [0039-0040; 0056-0058; fig. 4].
Regarding claim 3, Zheng teaches wherein the electrode assembly has a straight flat zone [i.e. #707, fig. 7] , a first bending zone [#709, fig. 7], and a second bending zone [#710, fig. 7], wherein the straight flat zone is located between the first bending zone and the second bending zone, and the winding terminating end of the first electrode plate is located in the first bending zone [0040, 0056, 0060].
Regarding claim 4, Zheng teaches wherein the first bending zone has a first vertex [#509, fig.5, 0065] farthest away from a winding center of the electrode assembly, the second bending zone has a second vertex [#510, fig. 5, 0065] farthest away from the winding center of the electrode assembly, and the first insulation layer covers the first vertex and the second vertex.
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Regarding claim 5, Zheng teaches wherein the first insulation layer extends from the winding terminating end of the first electrode plate by at least one turn [fig. 4; #406].
Regarding claim 6, Zheng teaches wherein the first insulation layer is applied only on a portion of the first electrode plate exceeding the winding terminating end of the second electrode plate [0056-0058].
Regarding claim 7, Zheng teaches wherein an inner surface of the portion of the first electrode plate exceeding the winding terminating end of the second electrode plate is coated with a second insulation layer [#406; 0056; fig. 4].
Regarding claim 8, Zheng teaches wherein the inner surface or an outer surface of the portion of the first electrode plate exceeding the winding terminating end of the second electrode plate is coated with a flame retardant layer and/or a getter layer [0047; boehmite; as noted in the instant specification, boehmite can be used as a flame retardant layer (0120)].
Regarding claim 10, Zheng teaches a battery cell comprising a housing and at least one electrode assembly according to claim 1, wherein the electrode assembly is disposed in the housing [i.e. shell; 0039].
Regarding claim 11, Zheng teaches a battery comprising the battery cell according to claim 10 [0039].
Regarding claim 12, Zheng teaches an electric device comprising the battery according to claim 11 [0003, 0036].
Regarding claim 13, Zheng teaches battery cell, characterized by comprising a housing and at least one electrode assembly according to claim 2, wherein the electrode assembly is disposed in the housing [0039].
Regarding claim 14, Zheng teaches a battery cell comprising a housing and at least one electrode assembly according to claim 3, wherein the electrode assembly is disposed in the housing [0039].
Regarding claim 15, Zheng teaches a battery cell comprising a housing and at least one electrode assembly according to claim 4, wherein the electrode assembly is disposed in the housing [0039].
Regarding claim 16, Zheng teaches a battery cell comprising a housing and at least one electrode assembly according to claim 5, wherein the electrode assembly is disposed in the housing [0039].
Regarding claim 17, Zheng teaches a battery cell comprising a housing and at least one electrode assembly according to claim 6, wherein the electrode assembly is disposed in the housing [0039].
Regarding claim 18, Zheng teaches a battery cell comprising a housing and at least one electrode assembly according to claim 7, wherein the electrode assembly is disposed in the housing [0039].
Regarding claim 19, Zheng teaches a battery cell comprising a housing and at least one electrode assembly according to claim 8, wherein the electrode assembly is disposed in the housing [0039].
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 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over US20200144674A1 (Zheng) further in view of US20200144624A1 [Dang].
Regarding claim 9, Zheng teaches wherein the electrode assembly further comprises a separator, wherein the separator is disposed between the first electrode plate and the second electrode plate [0039], however does not explicitly teach a winding terminating end of the separator exceeds the winding terminating end of the first electrode plate by at least 1.75 turns. Dang teaches a similar battery cell structure as Zheng [abs] and teaches the separator as claimed [0060]. As illustrated in figs. 2-20, various embodiments are illustrated for the battery structure with the claimed separator [please refer to the whole document]. Dang teaches the battery cell 200 may be formed by winding or stacking the first electrode sheet 210, the separator 260 and the second electrode sheet 230 in sequence. For example, as illustrated in FIG. 2, the battery cell 200 may be formed by sequentially winding the first electrode sheet 210, the separator 260 and the second electrode sheet 230. For another example, as illustrated in FIG. 20, the battery cell 200 is formed by sequentially stacking the first electrode sheet 210, the separator 260 and the second electrode sheet 230 [0061]. Although Dang does not explicitly teach the separator exceeds the winding terminating end of the first electrode plate by at least 1.75 turns, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the length of the separator to exceed by 1.75 turns as this would be obvious modification as one would have a reasonable expectation of success that would not affect the function of the battery. Where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device, and the device having the claimed dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device, Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984).
Dang further notes the separator may also be provided with the protective layer to improve the thermal shrinkage of the separator, thereby further enhancing the safety performance of the battery cell [abs], and a separator is a required and critical structural component for a battery structure as it prevents short circuits. Therefore, extending the separator to exceed the first electrode plate by 1.75 would further enhance the safety of the battery.
Regarding claim 20, Zheng teaches a battery cell comprising a housing and at least one electrode assembly according to claim 9, wherein the electrode assembly is disposed in the housing [0039].
Conclusion
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/S.G./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729