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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-17 in the reply filed on May 21, 2026 is acknowledged.
Claims 18 and 19 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on May 21, 2026.
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 8-10 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 8 recites the limitation "the protective plate" in line 2. There is insufficient antecedent basis for this limitation in the claim. It is unclear which of the protective plates of claim 1, which claim 8 depends on, is referred to by this limitation. For examination purposes, the examiner has interpreted the limitation to refer to the protective plate provided with an opening of claim 1. Claims 9 and 10 are similarly rejected because they depend from claim 8.
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 1-6 and 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kang et al. (KR 20160044322 A, cited by Applicant in IDS filed on September 21, 2023, machine translation relied upon herein, and hereinafter “Kang”).
Regarding claim 1, Kang discloses a battery cell ([0034] and Fig. 1, jelly roll 100), comprising: an electrode assembly comprising a main body portion and a tab ([0035]-[0036] and Fig. 1, battery section 10, positive tab 1 and negative tab 12), the tab being connected with a side portion of the main body portion in a first direction (see Annotated Fig. 1 below, first direction); and a protective frame ([0039] and Fig. 1, first frame portion 21), which is of an integrated structure and comprises three segments of protective plates respectively used for protecting three side faces of the main body portion, wherein the three segments of protective plates comprise a first plate, a second plate, and a third plate (see Annotated Fig. 1 below, first plate, second plate, and third plate), the third plate is located between the first plate and the second plate, and two ends of the third plate are respectively connected with a first end of the first plate and a first end of the second plate, and the third plate is provided with an opening ([0037] and see Annotated Fig. 1 below, tab opening 50); wherein the tab is led out from the opening ([0037] and see Annotated Fig. 1 below).
Kang et al. Annotated Fig. 1
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Regarding claim 2, Kang discloses the limitations of claim 1. Kang further discloses wherein the first plate, the second plate, and the third plate are all arranged parallel to a second direction, the second direction being perpendicular to the first direction (see Annotated Fig. 1 below, second direction).
Regarding claim 3, Kang discloses the limitations of claim 2. Kang further discloses wherein the electrode assembly is of a laminated structure ([0006], stacked-type electrode assembly), the electrode assembly has a first electrode sheet and a second electrode sheet with opposite polarities ([0006], positive and negative electrodes) and being stacked along the second direction ([0036], electrodes and separator are stacked parallel to surfaces covered by bumper frame 20, i.e. in the second direction), and the first plate and the second plate respectively protect two side faces of the main body portion perpendicular to a third direction, the third direction being perpendicular to the first direction and the second direction (see Annotated Fig. 1 above, third direction).
Regarding claim 4, Kang discloses the limitations of claim 1. Kang further discloses wherein the tab is one of two tabs of the electrode assembly, the two tabs are respectively located on two sides of the main body portion in the first direction ([0038], positive tab 11 and negative tab 12 may protrude in opposite directions), the opening is provided on the third plate (see Annotated Fig. 1 above), and one of the tabs is led out from the opening ([0038] and see Annotated Fig. 1 above).
Regarding claim 5, Kang discloses the limitations of claim 1. Kang further discloses wherein each of the first plate, the second plate, and the third plate entirely covers a corresponding to-be-protected side face of the main body portion ([0039], [0041], and see Annotated Fig. 1 above, bumper frame 20 comprises first frame portion 21 and second frame portion 22 that are fixedly connected, and surrounds battery unit 10).
Regarding claim 6, Kang discloses the limitations of claim 1. Kang further discloses wherein a joint between the third plate and the first plate and a joint between the third plate and the second plate are both provided with a pre-crease (see Annotated Fig. 1 above, pre-crease).
Regarding claim 16, Kang discloses the limitations of claim 1. Kang further discloses a battery ([0148], secondary battery including jelly roll 100), comprising: the battery cell of claim 1; and a shell assembly for accommodating the battery cell ([0009], pouch case).
Regarding claim 17, Kang discloses the limitations of claim 16. Kang further discloses an electrical apparatus, comprising the battery of claim 16, the battery being used to provide electric energy for the electrical apparatus ([0002], portable electronic devices powered by batteries).
Claims 1-3, 6-7, and 16-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee et al. (WO 2017179768 A1, cited by Applicant in IDS filed on September 21, 2023, machine translation relied upon herein, and hereinafter “Lee”).
Regarding claim 1, Lee discloses a battery cell (Figs. 1 and 2), comprising: an electrode assembly comprising a main body portion and a tab ([0019]-[0021] and Figs. 1 and 2, electrode assembly 110 with positive plate 111, negative plate 112, separator 113, positive tab 114, and negative tab 115), the tab being connected with a side portion of the main body portion in a first direction (see Annotated Fig. 1 below, first direction); and a protective frame ([0033]-[0034] and Figs. 1 and 2, protective cover 200), which is of an integrated structure and comprises three segments of protective plates respectively used for protecting three side faces of the main body portion, wherein the three segments of protective plates comprise a first plate, a second plate, and a third plate (see Annotated Fig. 1 below, first plate, second plate, and third plate), the third plate is located between the first plate and the second plate, and two ends of the third plate are respectively connected with a first end of the first plate and a first end of the second plate, and the third plate is provided with an opening ([0033] and see Annotated Fig. 1 below, negative tab penetration hole 201 and positive tab penetration hole 202); wherein the tab is led out from the opening ([0033] and Fig. 2).
Lee et al. Annotated Fig. 1
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Regarding claim 2, Lee discloses the limitations of claim 1. Lee further discloses wherein the first plate, the second plate, and the third plate are all arranged parallel to a second direction, the second direction being perpendicular to the first direction (see Annotated Fig. 1 above, second direction).
Regarding claim 3, Lee discloses the limitations of claim 2. Lee further discloses wherein the electrode assembly is of a laminated structure ([0020], electrode assembly 110 may be stacked), the electrode assembly has a first electrode sheet and a second electrode sheet with opposite polarities and being stacked along the second direction ([0020]-[0021] and see Annotated Fig. 1 above, positive plate 111, negative plate 112), and the first plate and the second plate respectively protect two side faces of the main body portion perpendicular to a third direction, the third direction being perpendicular to the first direction and the second direction (see Annotated Fig. 1 above, third direction).
Regarding claim 6, Lee discloses the limitations of claim 1. Lee further discloses wherein a joint between the third plate and the first plate and a joint between the third plate and the second plate are both provided with a pre-crease ([0035] and Fig. 3, avoidance portion 210a).
Regarding claim 7, Lee discloses the limitations of claim 1. Lee further discloses wherein the protective frame further comprises a reinforcing plate, the reinforcing plate is attached to a side face of the third plate, and a sum of thicknesses of the reinforcing plate and the third plate is greater than the thickness of the first plate and the thickness of the second plate ([0032]-[0034], insulating case 140, and protective cover 200 has a uniform thickness, so the sum of thicknesses of insulating case 140 and the third plate is greater than that of the first plate and the second plate).
Regarding claim 16, Lee discloses the limitations of claim 1. Lee further discloses a battery ([0012] and Figs. 1 and 2, secondary battery), comprising: the battery cell of claim 1; and a shell assembly for accommodating the battery cell ([0022] and Figs. 1 and 2, case comprising first part 120 and second part 130).
Regarding claim 17, Lee discloses the limitations of claim 16. Lee further discloses an electrical apparatus, comprising the battery of claim 16, the battery being used to provide electric energy for the electrical apparatus ([0003], electronic devices powered by batteries).
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.
Claims 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kang (KR 20160044322 A) in view of Yamane (JP 2014220197 A, machine translation relied upon herein).
Regarding claim 8, Kang discloses the limitations of claim 1. Kang further discloses wherein the opening extends along a width direction of the tab (see Annotated Fig. 1 above, tabs 11 and 12, tab opening 50, and third direction). Kang does not disclose wherein the protective plate is provided with a cutout at each end of the opening along the width direction of the tab, and each of the cutouts extends by a preset distance to two sides of the opening, so that the opening and two of the cutouts form two door structures, and the two door structures are configured to be relatively openable in a direction away from the main body portion.
Yamane discloses negative electrode lead portions 12c and a sealing member 16 with notches 16a ([0032] and Figs. 4 and 6, wherein the notches have cutouts at each end along the width direction, and each of the cutouts extends by a preset distance to two sides of the opening, so that the opening and two of the cutouts form two door structures (Fig. 4, doors defined by Y-shaped parts of notches 16a). Yamane further discloses that the sealing member 16 is made of an insulating material that is liquid-resistant and elastic, and that it elastically deforms so that the periphery of the notch 16a comes into close contact with the lead portions 11c and 12c inserted through the notch 16a ([0032] and [0035]). It is the examiner’s position that the door structures of sealing member 16 are relatively openable in a direction away from the main body portion, and must open in said direction when the lead portions 11c and 12c are inserted through notches 16a.
Kang and Yamane are considered to be analogous to the claimed invention because they are in the same field of battery cells with protective frames. It would have been obvious for one of ordinary skill in the art before the filing date of the claimed invention to have modified the first frame portion of Kang with the teachings of Yamane, and one of ordinary skill in the art would have a reasonable expectation of success in doing so. Doing so would prevent the electrolyte inside the case from leaking out of the sealing member through the notches (Yamane [0032]).
Regarding claim 10, modified Kang discloses the limitations of claim 8. Modified Kang does not disclose wherein the protective frame further comprises a reinforcing plate, the reinforcing plate is attached to an outer side face of the third plate, the reinforcing plate is provided with a through groove, and a size of the through groove is not smaller than a region formed by two of the cutouts.
Yamane discloses a case configuration plate 4 joined to one side portion 3d of the case body 3 having a rectangular opening 4a having a larger size than notches 16a ([0027]-[0028] and Figs. 4 and 6).
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 first frame portion of modified Kang with the teachings of Yamane, and one of ordinary skill in the art would have a reasonable expectation of success in doing so. Doing so would allow for the attachment of a terminal that is electrically connected to electrode lead portions (Yamane [0034]-[0035]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Kang (KR 20160044322 A) in view of Yamane (JP 2014220197 A) as applied to claim 8 above, and further in view of Minagata et al. (US 2015/0340663 A1).
Regarding claim 9, modified Kang discloses the limitations of claim 9. Modified Kang does not disclose wherein a pre-crease is provided at a connecting line between end portions of two of the cutouts on a same side.
Minagata discloses an insulating sheet 70 folded along boundary lines B5 and B6 ([0009], [0095], and Figs. 8 and 14), which are provided at covering portions 183 adjacent to the exposed area of the upper end face 36 ([0162] and Fig. 14)
Minagata is considered to be analogous to the claimed invention because it is in the same field of battery cells with protective frames. 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 first frame portion of modified Kang with the teachings of Minagata, and one of ordinary skill in the art would have a reasonable expectation of success in doing so. Doing so would allow for overlapping and incisions while forming the insulating sheet around the electrode assembly, limiting a decrease in workability while ensuring insulation (Minagata [0009]-[0013]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Kang (KR 20160044322 A) in view of Kim (KR 20160049889 A, machine translation relied upon herein).
Regarding claim 11, Kang discloses the limitations of claim 1. Kang does not disclose the battery cell further comprising an adhesive layer, wherein the adhesive layer is attached to an outer side of the tab, so as to fix the tab with the protective plate provided with the opening.
Kim discloses a lead tab adhesive portion S2 containing a sealing tape 400 preferably made of an insulating material that is provided between the electrode tab 110 and lower case 220 ([0042]-[0043] and Fig. 2).
Kim is considered to be analogous to the claimed invention because it is in the same field of battery cells with protective frames. 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 jelly roll of Kang with the teachings of Kim, and one of ordinary skill in the art would have a reasonable expectation of success in doing so. Doing so would prevent reduced adhesion and block current from being applied from the electrode tab to the case (Kim [0043]).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Kang (KR 20160044322 A) in view of Kaneda et al. (US 6743546 B1, hereinafter “Kaneda”).
Regarding claim 12, Kang discloses the limitations of claim 1. Kang does not disclose the battery cell further comprising two plastic plates, wherein the two plastic plates are respectively provided on two sides of the opening, the plastic plates are fixed, through hot melt, on the outer side of the protective plate provided with the opening, and the tab is led out from a gap between the opening and the two plastic plates.
Kaneda discloses two resin sheets 17 made of polypropylene film that join leads 13 and 14 to the casing 18 when heat and pressure are applied (p. 36, col. 19, lines 23-45 and Figs. 19-20)
Kaneda is considered to be analogous to the claimed invention because it is in the same field of battery cells with protective frames. 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 jelly roll of Kang with the teachings of Kaneda, and one of ordinary skill in the art would have a reasonable expectation of success in doing so. Doing so would fix the electrode assembly, prevent damage to the leads or casing, prevent short-circuiting between the electrode assembly, and prevent electrolyte leakage or corrosion (Kaneda p. 36, col. 19, lines 46-54).
Claims 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (WO 2017179768 A1) in view of Minagata (US 2015/0340663 A1).
Regarding claim 13, Lee discloses the limitations of claim 1. Lee further discloses wherein the opening is provided on the third plate (([0033] and see Annotated Fig. 1 above, negative tab penetration hole 201 and positive tab penetration hole 202). Lee does not disclose wherein the first end of the first plate and the first end of the second plate are both higher than an outer side face of the third plate in the first direction.
Minagata discloses protruding portions 181 and 182 that are higher than a top-face covering portion 183 ([0150]-[0156] and Fig. 14).
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 protective cover of Lee with the teachings of Minagata, and one of ordinary skill in the art would have a reasonable expectation of success in doing so. Doing so would improve insulation between the tab and the battery case (Minagata [0011]).
Regarding claim 14, modified Lee discloses the limitations of claim 13. Lee further discloses wherein the protective frame further comprises two segments of connecting plates ([0035] and see Annotated Fig. 3 below, avoidance portions 210a), and two ends of the third plate are each connected with one of the first end of the first plate and the first end of the second plate through one of the two segments of connecting plates (see Annotated Fig. 3 below).
Lee et al. Annotated Fig. 3
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Regarding claim 15, modified Lee discloses the limitations of claim 14. Lee further discloses wherein each of a joint between the first plate and one of the two segments of connecting plates, joints between the two ends of the third plate and respective ones of the two segments of connecting plates, and a joint between the second plate and another one of the two segments of connecting plates is provided with a pre-crease (see Annotated Fig. 3 above, pre-creases).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jackie Liang whose telephone number is (571)-272-0880. The examiner can normally be reached M to F 8:45AM to 4:45PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey T. Barton can be reached at (571)-272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.L./Examiner, Art Unit 1726
/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 24 July 2026
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