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 .
Information Disclosure Statement
The information disclosure statements filed February 15, 2024; September 16, 2025 and December 19, 2025 have been placed in the application file and the information referred to therein has been considered as to the merits.
With respect to foreign language references with no translation of the document: “If no translation is submitted, the examiner will consider the information in view of the concise explanation and insofar as it is understood on its face, e.g., drawings, chemical formulas, English language abstracts, in the same manner that non-English language information in Office search files is considered by examiner in conducting searches.” See MPEP §609.04(a)(II) (D) and 37 CFR 1.98(a)(3)(ii).
Drawings
The drawings received February 15, 2024 are acceptable for examination purposes.
Specification
The specification received February 15, 2024 has been reviewed for examination purposes.
Claim Interpretation
The claimed numerical descriptors such as “first”, “second”, “third” and “fourth” in the claims have been interpreted in accordance with the disclosure which states in para. [0052]:
“The terms "first", "second", etc. in the description and the claims of the present application or the above-mentioned drawings are used to distinguish different objects, rather than to describe a specific order or a primary-secondary relationship.”
Therefore the use of these terms do not describe a specific order or number of elements but only meant to distinguish different objects.
Claim Objections
Claims 8-11 are objected to because of the following informalities: the claims recite “third” and “fourth” binding members in combination with only a first binding member. It would be in better form to define the binders in such away so that the exact number is better presented without any potential for misinterpretation. Appropriate correction is required.
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 13-18 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.
Claims 13-18 recites the limitation "the binding member". There is insufficient antecedent basis for this limitation in the claim as claim 1 recites “at least one binding member” and it is unclear which binding member(s) the phrase “the binding member” (singular form) is referring to when plural binding members are present within the scope of claim 1. The term “the binding member” of claims 13-18 should be “the at least one binding member” to overcome this rejection.
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.
Claims 1, 5, 7-9, 11-13 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (U.S. Patent Application Publication No. 2012/0115025).
As to claim 1, Kim discloses a battery cell, comprising
a casing 20;
an electrode assembly 10, arranged in the casing, the electrode assembly comprising a main body, and the main body comprising a first end and a second end arranged opposite to each other in an axial direction of the electrode assembly;
at least one binding member 120, arranged between a peripheral side face of the main body 10 and the casing 20,
wherein the at least one binding member 120 comprises a first binding member, and a minimum distance between the first binding member and the first end is smaller than a minimum distance between the first binding member and the second end (annotated Fig. 6 and Fig. 9 for example).
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As to claim 5, Kim discloses a second binding member with a minimum distance of the second binding member and the second end being smaller than a minimum distance between the second binding member and the first end (see annotated Fig. 6 below).
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As to claim 7, the main body 10 comprises a middle section face located between the first and second end with the first and second binding members symmetrically arranged relative to the middle section face in the axial direction (Fig. 6 above).
As to claim 8, the binding member 120 include a third binding member in the middle section of the main body 10, between the first and second ends, where the interior binding member 120 covers the middle section face (annotated Fig. 6 below).
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As to claim 9, the third binding member as noted above is provided a middle section face between the first and second ends of main body 10 with the third binding member being in the middle region and located nearer to the first (top) binding member, thus located on the side of the first binding member close to the second end (Fig. 6 above).
As to claims 11 and 12, the main body 1 comprise a middle section with third and fourth binding members 120 (middle members 120 of the four members shown in Fig. 6) with these binding members provided on a side of respective first and second binding members on the side of respective first and second binding members which are close to respective first and second ends (Fig. 6 above).
As to claim 13, the binding member 120 is configured to expand after absorbing electrolyte (Fig. 9; para. [0075]).
As to claim 19, the battery cell of claim 1 is provided as or in a battery.
As to claim 20, the battery is employed in conjunction with an electricity consuming apparatus (para. [0003]).
Claims 1, 2, 5-9, 10and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park et al. (KR 10-2017-0009591).
As to claim 1, Park discloses a battery cell, comprising
a casing 3;
an electrode assembly 5, arranged in the casing, the electrode assembly comprising a main body, and the main body comprising a first end and a second end arranged opposite to each other in an axial direction of the electrode assembly;
at least one binding member 10, arranged between a peripheral side face of the main body 5 and the casing 3,
wherein the at least one binding member 10 comprises a first binding member, and a minimum distance between the first binding member and the first end is smaller than a minimum distance between the first binding member and the second end (annotated Fig. 5 for example).
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As to claim 2, the first binding member 10 above, is provided within a corresponding first attachment region, the first attachment region starts from the first end (top end) and the first binding member 10 (top member 10) is provided in the upper 1/3 of the axial length of the body 5. Therefore, the first attachment region is also in the upper 1/3 of the axial length of the body 5.
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As to claim 5, at least one binding member 10 comprises a second binding member 10 (lower binding member), and a minimum distance between the second binding member and the second end is smaller than a minimum distance between the second binding member and the first end (annotated Fig. 5 for example).
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As to claim 6, the second binding member 10 above, is provided within a corresponding second attachment region, the second attachment region starts from the second end (bottom end) and the second binding member 10 (bottom member 10) is provided in the lower 1/3 of the axial length of the body 5. Therefore, the second attachment region is also in the lower 1/3 of the axial length of the body 5.
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As to claim 7, the main body 10 comprises a middle section face located between the first and second end with the first and second binding members symmetrically arranged relative to the middle section face in the axial direction (Fig. 5 above).
As to claim 8, the binding member include a third binding member 20 in the middle section of the main body 5, between the first and second ends, where the interior binding member 20 covers the middle section face (Fig. 5 above).
As to claim 10, the first binding member 10 has a larger thickness than the third bonding member 20 (Fig. 4).
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As to claim 13, the binding member 10 is configured to expand after absorbing electrolyte (paras. [0014]; [0031], for example).
As to claim 19, the battery cell of claim 1 is provided as or in a battery.
As to claim 20, the battery is employed in conjunction with an electricity consuming apparatus (para. [0005]).
Claims 1, 2, 5-7, 16 and 18-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Imanishi et al. (CN111433966A).
As to claim 1, Imanishi discloses a battery cell, comprising
a casing 15;
an electrode assembly 14, arranged in the casing 15, the electrode assembly 14 comprising a main body, and the main body comprising a first end and a second end arranged opposite to each other in an axial direction of the electrode assembly;
at least one binding member 50, arranged between a peripheral side face 42 of the main body 14 and the casing 50,
wherein the at least one binding member 50 comprises a first binding member, and a minimum distance between the first binding member and the first end is smaller than a minimum distance between the first binding member and the second end (Figs. 1 and 3 for example).
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As to claim 2, the first binding member 50 above, is provided within a corresponding first attachment region, the first attachment region starts from the first end (top end) and the first binding member 50 (top member 50) is provided in the upper 1/3 of the axial length of the body 14. Therefore, the first attachment region is also in the upper 1/3 of the axial length of the body 14 (Fig. 3).
As to claim 5, Kim discloses a second binding member (bottom member 50) with a minimum distance of the second binding member and the second end being smaller than a minimum distance between the second binding member and the first end (see Fig. 3 above).
As to claim 6, the second binding member 50 above, is provided within a corresponding second attachment region, the second attachment region starts from the second end (bottom end) and the second binding member 50 (bottom member 50) is provided in the lower 1/3 of the axial length of the body 14. Therefore, the second attachment region is also in the lower 1/3 of the axial length of the body 14 (Fig. 3).
As to claim 7, the main body 14 comprises a middle section face located between the first and second end with the first and second binding members 50 symmetrically arranged relative to the middle section face in the axial direction (Fig. 3 above).
As to claim 16, the each binding member 50 has free ends in a circumferential direction of the electrode assembly 14 and the free ends are spaced apart from each other defining an exposed region of the electrode assembly 14. The angle is in the range of 10-60 degrees with Figs. 2-3 showing what appears to be an angle of sufficient specificity under 180 degrees. Imanishi generally teaching that the binding members 50 do not overlap.
As to claim 18, the battery electrode assembly 14 includes a first electrode plate wound into a plurality of coils (Figs. 1-2, for example) and the binding member 50 is misaligned with a tail end 41e and/or 31e of the outermost coil of the first electrode in the circumferential direction of the electrode assembly (Figs. 2-3).
As to claim 19, the battery cell of claim 1 is provided as or in a battery.
As to claim 20, the battery is employed in conjunction with an electricity consuming apparatus such as an electric vehicle (para. [0004]).
Claims 1, 2, 5-9, 11, 15 and 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kikuyama et al. (CN106571435A).
As to claim 1, Kikuyama discloses a battery cell 1, comprising
a casing 3;
an electrode assembly 13, arranged in the casing 3, the electrode assembly 13comprising a main body, and the main body comprising a first end and a second end arranged opposite to each other in an axial direction of the electrode assembly 13;
at least one binding member 20, arranged between a peripheral side face of the main body 13 and the casing 3,
wherein the at least one binding member 20 comprises a first binding member, and a minimum distance between the first binding member and the first end is smaller than a minimum distance between the first binding member and the second end (Figs. 1, 3 and 4 for example).
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As to claim 2, the first binding member 20 above, is provided within a corresponding first attachment region, the first attachment region starts from the first end (top end) and the first binding member 20 (top member 20) is provided in the upper 1/3 of the axial length of the body 13. Therefore, the first attachment region is also in the upper 1/3 of the axial length of the body 13 (Figs. 3 and 4).
As to claim 5, Kim discloses a second binding member (bottom member 20) with a minimum distance of the second binding member and the second end being smaller than a minimum distance between the second binding member and the first end (see Figs. 3 and 4 above).
As to claim 6, the second binding member 20 above, is provided within a corresponding second attachment region, the second attachment region starts from the second end (bottom end) and the second binding member 20 (bottom member 20) is provided in the lower 1/3 of the axial length of the body 13. Therefore, the second attachment region is also in the lower 1/3 of the axial length of the body 13 (Figs. 3-4).
As to claim 7, the main body 13 comprises a middle section face located between the first and second end with the first and second binding members 50 symmetrically arranged relative to the middle section face in the axial direction (Fig. 3b above).
As to claim 8, in certain embodiments, there is a third binding member 30 provided in a middle region between the ends of the electrode assembly 13 (Figs. 3a and 4c).
As to claim 9, the third member is provided on the side of the first member (top member 20) on a side closer to the second end (lower end; Figs. 3a and 4c).
As to claim 11, the aforementioned third member above also reads on the “fourth” member of claim 11 as the interpretation of “fourth” is not held to be an indication of the number of members but only pulled from the disclosure as a descriptor of a particular member. This “fourth member” is provided on the side of the second member (lower member 20) on a side closer to the first end (lower end; Figs. 3a and 4c).
As to claim 15, each binding member 20 has nominally overlapping free ends which teach of overlapping the free ends of binding members 20 within a circumferential electrode body angle of 30 degrees or less (Figs. 3-4).
As to claim 19, the battery cell of claim 1 is provided as or in a battery.
As to claim 20, the battery is employed in conjunction with an electricity consuming apparatus such as an electric vehicle (para. [0095]).
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.
Claims 2 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (U.S. Patent Application Publication No. 2012/0115025) as applied to claim 1 and 5 above.
Kim teaches of the first and second binding members (top and bottom members 12) being positioned neared to respective ends of the electrode body 10. These members are providing in respective attachment regions however Kim does not explicitly teach of the attachment regions start from respective ends of the main body, each having a size in the axial direction that is smaller than 1/3 the main body.
In Fig. 6, the middle of the cell appears to be in the center of the space between the two middle binding members 120. The first and second binding members, top and bottom members 120 are located nearer to respective ends of the electrode body 10.
As to the first and second attachment regions, these regions are not necessarily a structural feature themselves but just define a region from respective ends of the main body 10 and less than 1/3 the size of the main body. This provides for placement of the first (top) and second (bottom) binding members to be positioned in respective areas located from respective ends of the body 10 in the outer third area in the axial direction of the body 10.
Kim appears to teach that the first and second members are positioned nearer to the respective ends of the body 10 in respective attachment regions and are of sufficient similar attachment to that of the regional attachments of claims 2 and 6 that any difference in the placement of the first and second members nearer to respective ends of the body 10 would have provided the same benefits. A result effective variable or routine optimization of selecting a different degree or extent of placement of the binding members would have been held to be of routine skill in the art.
In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (Claims to a hydraulic power press which read on the prior art except with regard to the position of the starting switch were held unpatentable because shifting the position of the starting switch would not have modified the operation of the device.); In re Kuhle, 526 F.2d 553, 188 USPQ 7 (CCPA 1975) (the particular placement of a contact in a conductivity measuring device was held to be an obvious matter of design choice).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (U.S. Patent Application Publication No. 2012/0115025) as applied to claim 13 above, and further in view of Kim et al. (WO2021/206381A, hereafter referred to as Kim-381).
Kim teaches of materials for layer 120 which absorb electrolyte upon contact (para. [0075]). Kim exemplifies various materials but does not explicitly teach that the materials are at least one of thermoplastic polyurethane, dextran gel and hydroxy terminated polybutadiene polyurethane.
Kim-381 is drawn to the same field of endeavor, providing a swelling member between an electrode body 100 and battery casing. Kim-381 teaches that the swelling member 120 can be made of any number of conventionally known electrolyte swelling materials including polyurethanes, such as thermoplastic polyurethane.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the layer 120 of Kim by selection thermoplastic polyurethane for the layer as taught by Kim-381 since it would have provide a predictably suitable electrolyte absorbing material between the cell body and housing so that the gap is filled between the electrode body and the battery case.
The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) See also In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). MPEP § 2144.07.
Claims 3-4 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (KR 10-2017-0009591) as applied to claim 13 above, and further in view of Imanishi et al. (U.S. Patent Application Publication No. 2020/0373626), Tanaka et al. (U.S. Patent Application Publication No. 2012/0057375).
Kim teaches of providing binding members 10 which are misaligned with respect to the outer ends of the electrode body 5.
Park does not teach of the ends of the active material layers being a thinning region smaller in thickness with the base body region (claim 3) where a distance between the binding members 10 and the thinning region is in a range from 1mm-2mm (claim 4).
Park teaches of intentionally spacing the binding members 10 away from respective ends of the of the electrode body. Imanishi, also directed to addressing deformation of a battery cell in association with charge/discharge cycles, employs tapes 50 which are disclosed to be, in certain embodiments, intentionally spaced apart from respective ends of the electrode body 14 (para. [0039], Figs. 4-6). Providing a tape/adhesive/binding member apart from the edge of the electrode body was known to be a sufficiently good placement of the member to provide enough binding to the edge portions of the electrode body.
As to providing the ends of the active material layers being a thinning region smaller in thickness with the base body region:
Tanaka is drawn to the same field of endeavor, battery designs to prevent changes of the electrode body components. Tanaka, in part, achieves this by providing the edge portions of the electrodes 12 and 22 with respective thinning portions 14 and 24. The thinning portions provided at opposite ends of the electrode body (Figs. 2-3). It has long since been known in the art to taper electrode ends to reduce mechanical stress and cracking of the electrode body and, by lowering local stress and mitigating electrode cracking at the ends, better long-term mechanical integrity, safety and electrochemical performance can be achieved.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the ends of the electrodes in the electrode body of Park to have tapered or thinning end portions as taught by Tanaka since it would have predictably reduced mechanical stress and cracking of the electrode body and would have achieved better long-term mechanical integrity, safety and electrochemical performance by lowering local stress and mitigating electrode cracking at the ends.
As to the gap or space between the binding members 10 and the thinning region is in a range from 1mm-2mm (claim 4).
As discussed above, Park and Imanishi employs tapes which are disclosed to be, in certain embodiments, intentionally spaced apart from respective ends of the electrode body. Providing a tape/adhesive/binding member apart from the edge of the electrode body was known to be a sufficiently good placement of the member to provide enough binding to the edge portions of the electrode body.
It is further held to be within the skill of the ordinary worker in the art to provide tapered or thinning ends to the electrodes as taught by Tanaka since it would have predictably reduced mechanical stress and cracking of the electrode body and would have achieved better long-term mechanical integrity, safety and electrochemical performance by lowering local stress and mitigating electrode cracking at the ends.
In modifying Park with tapered ends as noted above, it would have additionally been apparent and obvious to a person of ordinary skill in the art to maintain a suitable distance between the end binding members of Park and the thinning electrode ends as the thinning ends would have been more susceptible to damage due to the thinner nature of the end electrode designs and placement of the taps a space apart from the ends would have achieved effective binding (Park and Imanishi) while also receiving the benefits of the thinner/tapered ends of the electrodes from Tanaka.
As to the specific distance, given the standardized designs of battery cells, and given the relative teachings of Park, Imanishi and Tanaka, the distance is held to be of routine optimization in order to obtain the benefits of the binding member in combination with tapered electrode ends while not damaging the thinner electrode ends. Generally, differences in ranges will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such ranges is critical. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (KR 10-2017-0009591) as applied to claim 13 above, and further in view of Kim et al. (WO2021/206381A, hereafter referred to as Kim-381).
Park teaches of binding members 10 which absorbs electrolyte upon contact (paras. [0016], [0056], for example). Park does not explicitly teach that the materials are at least one of thermoplastic polyurethane, dextran gel and hydroxy terminated polybutadiene polyurethane.
Kim-381 is drawn to the same field of endeavor, providing a swelling member between an electrode body 100 and battery casing. Kim-381 teaches that the swelling member 120 can be made of any number of conventionally known electrolyte swelling materials including polyurethanes, such as thermoplastic polyurethane.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the binding members 10 of Park by selection thermoplastic polyurethane for the layer as taught by Kim-381 since it would have provide a predictably suitable electrolyte absorbing material between the cell body and housing so that the gap is filled between the electrode body and the battery case. The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945) See also In re Leshin, 227 F.2d 197, 125 USPQ 416 (CCPA 1960). MPEP § 2144.07.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (KR 10-2017-0009591) as applied to claim 1 above, and further in view of Kikuyama et al. (CN106571435A).
Park teaches of binding members 50 which surround the circumference of the electrode body.
Park does not teach of the binding member having first and second free ends overlapping in the circumferential direction of the electrode assembly, the overlapping region satisfying an angle of less than or equal to 30 degrees.
Kikuyama, drawn to the same field of endeavor, providing battery cells with electrode body binding features between the electrode body and battery casing, recognized that a number of different binding member 20 designs can be implemented in order to effectively hold the electrode body 12 stable during the life of cell operation.
As to claim 15, the each binding member 20 has free ends in a circumferential direction of the electrode assembly 12 and the free ends are slightly overlap to what is well below a 30 degree angle of the circumference of the assembly 12 (Figs. 4a-4d). The overlapping provides sufficient binding of the members 20 together to effectively provide for and retain the members 20 to the assembly 12.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the binding members 10 of Park to have other suitable designs including slightly overlapping free ends as taught by Kikuyama since it would have provided predictable alternative equivalent tape designs to retain the battery electrode assembly in place and with good layer contact.
Claims 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (KR 10-2017-0009591) as applied to claim 1 above, and further in view of Imanishi et al. (CN 111433966A).
Park does not teach of the binding member having first and second free ends in the circumferential direction of the electrode assembly, the ends spaced apart from each other and the main body comprises an exposed region between the free ends, the exposed region satisfying an angle of less than or equal to 180 degrees.
Imanishi, drawn to the same field of endeavor of providing battery cells with electrode body binding features between the electrode body and battery casing, recognized that a number of different binding member 50 designs can be implemented in order to effectively hold the electrode body 14 stable during the life of cell operation.
As to claim 16, the each binding member 50 has free ends in a circumferential direction of the electrode assembly 14 and the free ends are spaced apart from each other defining an exposed region of the electrode assembly 14. The angle is in the range of 10-60 degrees with Figs. 2-3 showing what appears to be an angle of sufficient specificity of under 180 degrees. Imanishi generally teaching that the binding members 50 do not overlap.
As to claim 18, the battery electrode assembly 14 includes a first electrode plate wound into a plurality of coils (Figs. 1-2, for example) and the binding member 50 is misaligned with a tail end 41e and/or 31e of the outermost coil of the first electrode in the circumferential direction of the electrode assembly (Figs. 2-3).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the binding members 10 of Park to have other suitable designs including free ends spaced apart from each other, the free ends defining an exposed region of the electrode body of 180 degrees or less as taught by Imanishi since it would have provided predictable alternative equivalent tape designs to retain the battery electrode assembly in place and with good layer contact.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (KR 10-2017-0009591) as applied to claim 1 above, and further in view of Kim (U.S. Patent Application Publication No. 2010/0291432).
Park teaches of binding members 50 which surround the circumference of the electrode body being a number of first parts spaced from one another in a circumferential direction of the electrode assembly.
Changing the binding members of Park from a single piece construction to a plurality of circumferential parts or segments along the same circumference would have been a matter of routine design choice with a person of ordinary skill in the art recognizing that either a continuous or segmented binding member would have been obvious alternative designs for the same benefit of achieving good binding of the electrode assembly within the casing (see MPEP § 2144).
Furthermore, Kim, drawn to the same field of endeavor, providing binding members along an outer circumference of an electrode assembly, recognized that the binding member can be a single piece construction or a plurality of sections 53a/54a (Fig. 10A). Kim noted that both continuous or discontinuous (spaced apart parts) designs for a binding member can provide the same effective binding function along the electrode body.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the binding member of Park to be a number of first parts spaced apart from each other in the circumferential direction as taught by Kim since it would have been of routine design choice for providing an equivalent design to the binding member along the circumference of the electrode assembly.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. U.S. Patent Application Publication No. 2007/0154787 discloses providing a central electrolyte absorbing material 220 which is not arranged in the same place as the instant invention.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GREGG CANTELMO whose telephone number is (571)272-1283. The examiner can normally be reached Mon-Thurs 7am to 5pm.
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/GREGG CANTELMO/Primary Examiner, Art Unit 1725
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