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 12 and 15 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 12 recites “further comprising: a second cap plate…; and a second terminal…”. Claim 1, which claim 12 is dependent upon also recites “a second cap plate” and a second terminal”. Thus, it is unclear if claim 12 is referring to an additional cap plate or referring to the same cap plate and it is unclear if claim 12 is referring to an additional terminal or referring to the same terminal.
Claim 15 recites the unbound range of “the case has a longitudinal length of 300 mm or more.”. As the limitation is unbound, it is impossible to ascertain the metes and bounds of the claim (e.g. does it encompass number as large as 3,000 mm, 30,000 mm or even larger?). Thus, the claim language is unclear and indefinite.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 12 rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Independent claim 1 recites “a second cap plate sealing the second side opening of the case; and a second terminal electrically connected to the second electrode tab and exposed to an outside of the second cap plate”. Thus, the same limitations recited in claim 12 fail to further the subject matter. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 1-3 and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Rudiger et al. (DE102018207327A) in view of Zhang et al. (US 2021/0074963). The English machine translation of Rudiger et al. is attached and is referenced below.
Regarding Claim 1, Rudiger et al. teaches a storage device which may be a lithium-ion battery (Para. [0007]) (i.e. a secondary battery) comprising an electrode winding (Fig. 2, #14) (i.e. an electrode assembly), a cell housing (Fig. 2, #12) (i.e. a case) accommodating the electrode winding, the case having side walls (Fig. 2, #18 and #19) formed separately from the upper wall (Fig. 2, #21), lower wall (Fig. 2, #22), front wall (Fig. 2, #15) and rear wall (Fig. 2, #16), wherein the respective side walls are referred to as covers and can be bonded to the upper, lower, front and rear wall (Para. [0036]) (i.e. and having a first side opening corresponding to the first side of the electrode assembly, and a second side opening corresponding to the second side of the electrode assembly), and thus comprising a first side wall (Fig. 2, #18) (i.e. a first cap plate sealing the first side opening of the case) and a second side wall (Fig. 2, #19) (i.e. second cap plate sealing the second side opening of the case) a connecting element (Fig. 2, #6) exposed to the outside of the first side wall, wherein the connection element is a terminal (Para. [0009]) (i.e. a first terminal exposed to an outside of the first cap plate) and a connecting element (Fig. 2, #7) exposed to the outside of the second side wall, wherein the connection element is a terminal (Para. [0009]) (i.e. a second terminal exposed to an outside of the second cap plate) and at least one through-opening (Fig. 2, #31) (i.e. a plurality of safety vents on one surface of the case).
Rudiger et al. does not teach a first electrode tab exposed at a first side and a second electrode tab exposed at a second side, the first electrode tab electrically connected to a first terminal and the second electrode tab electrically connected to a second terminal.
However, Zhang et al. teaches a secondary battery (Fig. 1, #1) comprising an electrode assembly (Fig. 1, #200) having a first electrode tab exposed at a first side (Fig. 1, #210) and a second electrode tab exposed at a second side (Fig. 1, #220) (Para. [0045]), wherein the two electrode terminals are for realizing electrical connection with an internal wiring portion for realizing electrical connection with the tabs (Para. [0049] and both are electrically connected to electrode terminals (Fig. 1, #21 and #41) (Para. [0049] and [0073]) (i.e. a first terminal electrically connected to the first electrode tab and a second terminal electrically connected to the second electrode tab).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rudiger et al. to incorporate the teaching of the first and second electrode tabs as taught by Zhang et al., as such a structure provides improved energy density by improving space utilization inside the case and connection stability is ensured promoting the use reliability of the battery (Para. [0071]).
Regarding Claim 2, Rudiger et al. as modified by Zhang et al. teaches all of the elements of the current invention in claim 1 as explained above.
Rudiger et al. further teaches the cell casing (i.e. case) (Fig. 2, #12) comprising a lower wall (Fig. 2, #22) (i.e. a rectangular lower surface extending in a longitudinal direction), an upper wall (Fig. 2, #21) (i.e. a rectangular upper surface extending along the longitudinal direction and facing the rectangular lower surface), and a front wall (Fig. 2, #15) and a back wall (Fig. 2, #16) (i.e. two long side surfaces connecting long sides of the rectangular upper surface and the rectangular lower surface).
Regarding Claim 3, Rudiger et al. as modified by Zhang et al. teaches all of the elements of the current invention in claim 2 as explained above.
Rudiger et al. further teaches the cell casing (i.e. case) (Fig. 2, #12) having a parallelepiped shape, and wherein the lower wall (Fig. 2, #22) and the upper wall (Fig. 2, #21) can be formed in one piece with the front and back wall (Fig. 2, #15 and #16) (Para. [0034]) (i.e. wherein the rectangular lower surface, the rectangular upper surface, and the two long side surfaces are integral).
Regarding Claim 11, Rudiger et al. as modified by Zhang et al. teaches all of the elements of the current invention in claim 1 as explained above.
Rudiger et al. does not teach the first terminal comprises: a first inner terminal plate inside the first cap plate; a first outer terminal plate outside the first cap plate; and a first terminal pillar coupled to the first inner terminal plate from the inside of the first cap plate and penetrating the first cap plate and coupled to the first outer terminal plate from the outside of the first cap plate.
However, Zhang et al. teaches an electrode terminal comprising a connection plate (Fig. 8, #214) serving as the external wiring portions of the electrode terminal, outside the top cover plate (Fig. 8, #10) (i.e. a first outer terminal plate outside the first cap plate) (Para. [0076]), and a bottom portion (Fig. 8, #213b) disposed on a side of the top cover plate facing the electrode assembly (Para. [0076]) (i.e. a first inner terminal plate inside the first cap plate), and an elongation portion (Fig. 8, #213a) coupled to the bottom portion (i.e. a first terminal pillar coupled to the first inner terminal plate from the inside of the first cap plate) and extends into the electrode lead-out hole (Fig. 8, #11) and is exposed to outside through the through hole (Fig. 8, #214a) and rived to the connection plate (Para. [0076]) (i.e. and penetrating the first cap plate and coupled to the first outer terminal plate from the outside of the first cap plate).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rudiger et al. to incorporate the teaching of the electrode terminal structure of Zhang et al., as such a structure provides improved energy density by improving space utilization inside the case and connection stability is ensured promoting the use reliability of the battery (Para. [0071] and [0079]).
Regarding Claim 12, Rudiger et al. as modified by Zhang et al. teaches all of the elements of the current invention in claim 1 as explained above.
Rudiger et al. teaches the respective side walls are referred to as covers and can be bonded to the upper, lower, front and rear wall (Para. [0036]) and thus comprising a second side wall (Fig. 2, #19) (i.e. second cap plate sealing the second side opening of the case), and a connecting element (Fig. 2, #7) exposed to the outside of the second side wall, wherein the connection element is a terminal (Para. [0009]) (i.e. a second terminal exposed to an outside of the second cap plate).
Rudiger et al. does not teach a second electrode tab exposed at a second side, and the second electrode tab electrically connected to a second terminal.
However, Zhang et al. teaches a secondary battery (Fig. 1, #1) comprising an electrode assembly (Fig. 1, #200) having a second electrode tab exposed at a second side (Fig. 1, #220) (Para. [0045]), wherein the electrode terminals are for realizing electrical connection with an internal wiring portion for realizing electrical connection with the tabs (Para. [0049] and are electrically connected to electrode terminals (Fig. 1, #21 and #41) (Para. [0049] and [0073]) (i.e. a second terminal electrically connected to the second electrode tab).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rudiger et al. to incorporate the teaching of the second electrode tabs as taught by Zhang et al., as such a structure provides improved energy density by improving space utilization inside the case and connection stability is ensured promoting the use reliability of the battery (Para. [0071]).
Regarding Claim 13, Rudiger et al. as modified by Zhang et al. teaches all of the elements of the current invention in claim 1 as explained above.
Rudiger does not teach a first current collector electrically connecting the first electrode tab and the first terminal; and a second current collector electrically connecting the second electrode tab and the second terminal.
However, Zhang et al. further teaches a first and second current collecting wiring board (Fig. 6, #30) disposed between the electrode terminal and main body of the electrode assembly as a transitional connection member between the electrode terminal and the tab (Para. [0052]), disposed at a first terminal (Fig. 6, #21) and a second terminal (Fig. 6, #41) (i.e. a first current collector electrically connecting the first electrode tab and the first terminal; and a second current collector electrically connecting the second electrode tab and the second terminal).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rudiger et al. to incorporate the teaching of the first current collector and second current collector as taught by Zhang et al., as such a structure provides improved energy density by improving space utilization inside the case and connection stability is ensured promoting the use reliability of the battery (Para. [0071]).
Claims 4-6, 9-10 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Rudiger et al. (DE102018207327A) in view of Zhang et al. (US 2021/0074963) as applied to claims 1 and 2 above, and further in view of Park et al. (US 2019/0379011).
Regarding Claim 4, Rudiger et al. as modified by Zhang et al. teaches all of the elements of the current invention in claim 2 as explained above.
Rudiger et al. does not teach wherein the plurality of safety vents comprises only a first safety vent and a second safety vent spaced apart from each other along a longitudinal direction of the case.
However, Park et al. teaches a rechargeable battery (Para. [0041]) (i.e. a secondary battery) comprising a case (Fig. 2, #110) comprising a cap plate (Fig. 2, #115) wherein the cap plate comprises two vent portions (Fig. 2, #160) (i.e. wherein a plurality of safety vents comprises only a first safety vent and a second safety vent spaced apart from each other along a longitudinal direction of the case).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rudiger et al. to incorporate the teaching of a plurality of safety vents comprises only a first safety vent and a second safety vent spaced apart from each other along a longitudinal direction of the case as taught by Park et al., as such a structure may effectively suppress occurrence of a rupture due to an excessive increase of internal pressure at any side of the cap plate (i.e. at any side of the case in the longitudinal direction) (Para. [0052]).
Regarding Claim 5, Rudiger et al. as modified by Zhang et al. and Park et al. teaches all of the elements of the current invention in claim 4 as explained above.
Rudiger et al. does not teach wherein each of the first safety vent and the second safety vent comprises a notch having a smaller thickness than other regions of the first safety vent and the second safety vent.
However, Park et al. teaches each vent portions comprises a second notch having a depth that is smaller than that of a first notch (Para. [0015]) (i.e. each of the first safety vent and the second safety vent comprises a notch having a smaller thickness than other regions of the first safety vent and the second safety vent).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rudiger et al. to incorporate the teaching of the two vent portions each comprising a second notch having a depth that is smaller than that of a first notch as such a structure may effectively suppress occurrence of a rupture due to an excessive increase of internal pressure at any side of the cap plate (i.e. at any side of the case in the longitudinal direction) (Para. [0052]).
Regarding Claim 6, Rudiger et al. as modified by Zhang et al. and Park et al. teaches all of the elements of the current invention in claim 5 as explained above.
Rudiger et al. does not teach wherein a shape and a thickness of the notch of the first safety vent are same as those of the notch of the second safety vent.
Zhang et al. further teaches two safety vent portions (Fig. 2, #160) comprising notches having the same shape and thickness (see Fig. 2) (i.e. wherein a shape and a thickness of the notch of the first safety vent are same as those of the notch of the second safety vent).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rudiger et al. to incorporate the teaching of the two vent portions teach wherein a shape and a thickness of the notch of the first safety vent are same as those of the notch of the second safety vent as such a structure may effectively suppress occurrence of a rupture due to an excessive increase of internal pressure at any side of the cap plate (i.e. at any side of the case in the longitudinal direction) (Para. [0052]).
Regarding Claim 9, Rudiger et al. as modified by Zhang et al. and Park et al. teaches all of the elements of the current invention in claim 4 as explained above.
Park et al. further teaches the two vent portions (Fig. 5, #160, bottom image) (i.e. wherein the first safety vent and the second safety vent) have an elongated circular shape extending in the longitudinal direction. See the rejection to claim 4 for full details of the combination, incorporated herein but not reiterated herein for brevity’s sake; this reasoning is applicable to the specific example of Park et al. cited herein.
Regarding Claim 10, Rudiger et al. as modified by Zhang et al. and Park et al. teaches all of the elements of the current invention in claim 4 as explained above.
Park et al. further teaches the two vent portions (Fig. 4, #160, top image) (i.e. wherein the first safety vent and the second safety vent) have widths greater than a width of the case in a region including the first safety vent and the second safety vent. See the rejection to claim 4 for full details of the combination, incorporated herein but not reiterated herein for brevity’s sake; this reasoning is applicable to the specific example of Park et al. cited herein.
Regarding Claim 16, Rudiger et al. as modified by Zhang et al. teaches all of the elements of the current invention in claim 1 as explained above.
Park et al. further teaches the case having the opened side may be a bottom surface of the case (Para. [0044]) wherein the opened side contains the cap plate including the plurality of vent portions (Para. [0045], [0046]) (i.e. wherein the plurality of safety vents is formed on a lower surface of the case).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rudiger et al. to incorporate the teaching of the two vent portions formed on a lower surface of the case as taught by Par et al. as such a structure may effectively suppress occurrence of a rupture due to an excessive increase of internal pressure at any side of the cap plate (i.e. at any side of the case in the longitudinal direction) (Para. [0052]).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Rudiger et al. (DE102018207327A) in view of Zhang et al. (US 2021/0074963) and Park et al. (US 2019/0379011) as applied to claim 4 above, and further in view of Li et al. (US 2019/0214619).
Regarding Claim 7, Rudiger et al. as modified by Zhang et al. and Park et al. teaches all of the elements of the current invention in claim 4 as explained above.
Rudiger et al. does not teach the notch includes a central slit extending in the longitudinal direction and additional slits extending outward at a predetermined angle from both ends of the central slit.
However, Li et al. teaches a secondary battery comprising a top cover assembly comprising a vent (Para. [0023]) wherein the vent comprises a main nick (Fig. 4, #20844a) extending in a longitudinal direction of the vent (Para. [0072]) (i.e. a notch includes a central slit extending in the longitudinal direction, see also Fig. 3) and branch nicks (Fig. 4, #20844b) formed at an angle with the main nick (Para. [0072] and [0079]) (i.e. and additional slits extending outward at a predetermined angle from both ends of the central slit).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rudiger et al. to incorporate the teaching of notches including a central slit extending in the longitudinal and additional slits extending outward at a predetermined angle from both ends of the central slit as taught by Li et al., as such a notch structure in the vent would shorten time of the exhaust of the case improving the safety of the secondary battery (Para. [0079]).
Regarding Claim 8, Rudiger et al. as modified by Zhang et al., Park et al. and Li et al. teaches all of the elements of the current invention in claim 7 as explained above.
Rudiger et al. does not teach wherein the additional slits include two additional slits extending obliquely from one end of the central slit and two additional slits extending obliquely from another end of the central slit.
However, Li et al. further teaches both ends of the main nick comprise two branch nicks (Para. [0078]) , the two branch nicks (Fig. 4, #20844b) disposed at a same end of the main nick can be arranged symmetrically (Para. [0079]) (i.e. wherein the additional slits include two additional slits extending obliquely from one end of the central slit and two additional slits extending obliquely from another end of the central slit).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rudiger et al. to incorporate the teaching of the additional slits include two additional slits extending obliquely from one end of the central slit and two additional slits extending obliquely from another end of the central slit as taught by Li et al., as such a notch structure in the vent would shorten time of the exhaust of the case improving the safety of the secondary battery (Para. [0079]).
Claims 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over Rudiger et al. (DE102018207327A) in view of Zhang et al. (US 2021/0074963) as applied to claim 1 above, and further in view of He et al. (US 2021/0175572).
Regarding Claim 14, Rudiger et al. as modified by Zhang et al. and Park et al. teaches all of the elements of the current invention in claim 1 as explained above.
Rudiger et al. does not teach a length of the case in the longitudinal direction is twice or more than a length of the case in a height direction.
However, He et al. teaches a rectangular lithium-ion cell (Para. [0085]) (i.e. a secondary battery) wherein the rectangular cell has a length L, a height of H wherein 4≤L/H≤21 (Para. [0160] and Fig. 2, wherein the dimensions are referring to the dimensions of the case of the cell) (i.e. wherein a length of the case in the longitudinal direction is twice or more than a length of the case in a height direction).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rudiger et al. to incorporate the teaching of the dimensions as taught by He et al., as such dimensions provide enlarged heat disputation area, improving safety and use stability (Para. [0014]).
Regarding Claim 15, Rudiger et al. as modified by Zhang et al. and Park et al. teaches all of the elements of the current invention in claim 1 as explained above.
Rudiger et al. does not teach the case has a longitudinal length of 300 mm or more.
However, He et al. teaches a rectangular cell having a length L (i.e. longitudinal length of the case, see Fig. 2) (Para. [0160]) wherein 600mm ≤ L ≤ 2500 mm (Para. [0161]) (i.e. the case has a longitudinal length of 300 mm or more.).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Rudiger et al. to incorporate the teaching of the dimensions as taught by He et al., as such dimensions provide enlarged heat disputation area, improving safety and use stability (Para. [0014]).
Conclusion
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/ARMINDO CARVALHO JR./ Primary Examiner, Art Unit 1729