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.
Claim 10 is 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 10 recites “extending through the hole in the plate-shaped portion of the can…”; however, the plate-shaped portion is only defined in Claim 1 as part of the insulator. Accordingly, “the plate-shaped portion of the can” lacks antecedent basis. Correction is required.
For purposes of examination, the examiner has interpreted “the plate-shaped portion of the can” to mean “the plate-shaped portion” which is a part of the insulator.
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 1, 2, and 5-10 are rejected under 35 U.S.C. 103 as being unpatentable over Jo et al. (WO 2022/158858), cited via US equivalent (United States Patent 12,609,362 B2)(“Jo”), in view of Geng et al. (WO 2023/173271 A1), cited via US equivalent (US 2025/0226557 A1)(“Geng”).
Regarding Claim 1, Jo discloses:
A secondary battery comprising:
an electrode assembly (corresponding to “electrode assembly (10)” [See Col. 3, Lines 22-33 and Col. 9, Line 25- Col. 11, Line 7]);
a can (corresponding to “battery housing (20)” [See Col. 3, Lines 35-36 and Fig. 1]) having a lower surface and a side surface (corresponding to “upper surface” and “outer circumferential surface”, respectively [See Col. 12, Lines 42-43]) and accommodating the electrode assembly [See Col. 3, Lines 35-36];
a cap plate (corresponding to “cap (90)” [See Col. 6, Lines 31-33]) coupled to an upper end of the can (corresponding to “open portion of the battery housing” [See Col. 6, Lines 31-33]);
a terminal (corresponding to “terminal (50)” [See Col. 5, Lines 6-44]) on the lower surface of the can; and
an insulator (corresponding to “insulator (40)” [See Col. 3, Lines 37-43]) having a plate-shaped portion (corresponding to “first cover portion (41)” [See Col. 3, Lines 44-47 and Col. 14, Lines 29-46]) and an extending portion (corresponding to “second cover portion (42)” [See Col. 3, Lines 47-49]) extending upwardly from a circumference of the plate-shaped portion [See Col. 3, Lines 50-52 and Col. 14, Lines 29-46],
the plate-shaped portion being between the electrode assembly and the lower surface of the can [See Col. 4, Line 64 – Col. 5, Line 2]; …
Jo does not disclose:
the extending portion having an upper end contacting a lower portion of the electrode assembly.
Geng discloses:
the extending portion (corresponding to “angular portion (410)”, “skirt portion (415)”, and “tapered portion (420)”, [See annotated Fig. 6 herein and Pars. 37-42]) having an upper end (corresponding to “tapered portion (420)”) contacting a lower portion of the electrode assembly (corresponding to “electrode assembly” or “jelly roll (100)”, [See Fig. 7 and Pars. 42 and 44-45, including “In some embodiments, the tapered portion 420 is attached to jelly roll 100…” (Par. 42) and “In one embodiment, the insulator 400 is located above the jelly roll 100. In some embodiments, the insulator 400 is in contact with at least the rubbing region 115 of the jelly roll 100.” (Par. 44)]).
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Jo and Geng are each in the same field of endeavor as the present invention, specifically, battery technology and more particularly the structural aspects of cylindrical secondary battery cells. Accordingly, these references constitute analogous art as required by MPEP §2141.01(a). Moreover, the insulator of Geng can be advantageously employed in the cylindrical cell of Jo to both insulate and physically stabilize the electrode assembly therein [See Geng Par. 36, “The insulator 400 is designed to secure the components of the jelly roll 100 and prevent any of the interior components of the jelly roll 100 from exposure and risk of short circuiting to the battery cell case 205.”; See also Jo Col. 3, Lines 1-3, “…the present disclosure is aimed at preventing the movement of an electrode assembly using an existing component in the manufacture of a battery,…”]. This indicates a suggestion to combine the teachings of these references to a person having ordinary skill in the art. Additionally, as the combination results in the desired outcome via simple mechanical means (securing the electrode assembly to avert physical wear and shorts from its movement within the can), a person having ordinary skill in the art would have had a reasonable chance of success to arrive at the secondary battery of Claim 1 before the effective filing date thereof.
Regarding Claim 2, Jo in view of Geng discloses the secondary battery of Claim 1. Jo also discloses:
wherein the electrode assembly [See Col. 1, Line 6 – Col. 2, Line 17 and Col. 9, Line 25-Col. 11, Line 7] comprises:
a first electrode plate (corresponding to “first electrode”) having a non-coating portion (corresponding to “first uncoated region (11)”) exposed upwardly from the electrode assembly [See Col. 10, Lines 27-30];
a second electrode plate (corresponding to “second electrode”) having a non-coating portion (corresponding to “second uncoated region (12)”) exposed downwardly from the electrode assembly [See Col. 10, Lines 27-30]; and
a separator (corresponding to “separator”) between the first electrode plate and the second electrode plate [See Col. 9, Lines 63-67];
the first electrode plate, the separator, and the second electrode plate being wound together about an axis [See Col. 9, Lines 63-67];
wherein a portion of the non-coating portion of the second electrode plate is removed at an outermost periphery of the electrode assembly by a radius [See Col. 15, Lines 32-39]; and
wherein the extending portion of the insulator extends toward a space from where the non-coating portion of the second electrode plate is removed [See Col. 15, Lines 32-34, “In an embodiment of the present disclosure, at least part of the first uncoated region 11 disposed at the outer periphery of the electrode assembly 10 may be omitted.” In concert with Col. 16, Lines 31-34, “Meanwhile, the upper limit of the thickness of the insulator 40 may be a thickness corresponding to the distance between the inner surface of the battery housing 20 and the first uncoated region 11…”, Jo teaches the insulator extending toward a space where the electrode plate is removed.].
Regarding Claim 5, Jo in view of Geng discloses the secondary battery of Claim 1. Geng also discloses:
wherein an upper end of the extending portion of the insulator is flat [See annotated Figs. 6 and 7 above showing the flat upper end of the extending portion of the insulator].
Regarding Claim 6, Jo in view of Geng discloses the secondary battery of Claim 1. Geng also discloses:
wherein the extending portion has an outer diameter corresponding to that of the electrode assembly [See Par. 41, “In some embodiments, an inner diameter of the insulator 400 is equal to the diameter of the jelly roll 100 allowing for the insulator to be press fit…”; See also annotated Fig. 6 indicating the outer diameter of the extending portion is equal to the inner diameter as the extending portion terminates in tapered portion (420)].
Regarding Claim 7, Jo in view of Geng discloses the secondary battery of Claim 1. Geng also discloses:
wherein the extending portion of the insulator has a thickness that gradually increases toward a lower portion of the electrode assembly [See annotated Fig. 6 showing a gradual increase in thickness from Tapered Portion (420) to Skirt Portion (415) to Angular Portion (410) which, when the insulator is engaged with an electrode assembly, correspond in order to contact toward a lower portion of the electrode assembly].
Regarding Claim 8, Jo in view of Geng discloses the secondary battery of Claim 1. Jo also discloses:
wherein the terminal is in a hole in the plate-shaped portion. [See Col. 5, Lines 37-42, “In another aspect of the present disclosure, the body portion of the terminal may pass through the center hole of the insulator.”]
Regarding Claim 9, Jo in view of Geng discloses the secondary battery of Claim 8. Jo also discloses:
further comprising a gasket (corresponding to “gasket (60)” [See annotated Fig. 4 and Col. 9, Lines 20-23]) between the can and the terminal (corresponding to “gasket exposure portion (61)” [See annotated Fig. 4 and Col. 26, Line 46; See also Col. 5, Lines 45-48, “In another aspect of the present disclosure, the battery may further include an insulation gasket interposed between the battery housing and the terminal to block an electrical connection between the battery housing and the terminal.”],
wherein the gasket extends into the hole in the plate-shaped portion (corresponding to “gasket insertion portion (62)” [See annotated Fig. 4 and Col. 26, Line 47.]
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Regarding Claim 10, Jo in view of Geng discloses the secondary battery of Claim 8. Jo also discloses:
wherein the terminal (corresponding to “terminal (50)”) has an outer portion (corresponding to “outer flange portion (50b)”) on an outside of the lower surface of the can, an inner portion (corresponding to “inner flange portion (50c)” and “flat portion (50d)”) on an inside of the lower surface of the can, and a connecting portion (corresponding to “body portion (50a)”) and extending through the hole in the plate-shaped portion of the can (considered as plate-shaped portion of the insulator for purposes of examination) and connecting the outer portion and the inner portion, and
wherein the hole in the plate-shaped portion has a smaller diameter than the inner portion of the terminal [See annotated Fig. 4 showing flat portion 50d of the terminal extending across the diameter of plate-shaped portion and wider than the hole in the center of the plate-shaped portion; See also Col. 19, Line 58 – Col. 20, Line 40].
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Jo et al. (WO 2022/158858), cited via U.S. equivalent (United States Patent 12,609,362 B2)("Jo"), in view of Geng at al. (WO 2023/173271 A1), cited via U.S. equivalent (US 2025/0226557 A1)("Geng"), and further in view of Lee et al. (WO 2023/085828 A1), cited via U.S. equivalent (US 2025/0030058 A1)("Lee").
Regarding Claim 3, Jo in view of Geng discloses the secondary battery of Claim 2. Neither Jo nor Geng explicitly discloses:
wherein the non-coating portion of the second electrode plate is removed in a range corresponding to two to three turns of the electrode assembly.
Lee discloses:
wherein the non-coating portion of the second electrode plate (corresponding to "electrode tab (11)") is removed in a range corresponding to two to three turns of the electrode assembly. [See annotated Figs. 4 and 5 showing, and Par. 129 describing, that notching tabs (111) are provided in section B2 and that, "The notching tabs 111 may be removed for convenience of processing, in the section B3 of one last turn."].
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Applicant's specification at Par. 35 recites:
"The non-coating portion 112A of the second electrode plate 112 may be removed by a radius (e.g., a predetermined radius) from the outermost periphery of the electrode assembly 110. For example, the non-coating portion 112A of the second electrode plate 112 may be removed (e.g., notched, cut, etc.) by a length from the winding end.”
Thus, notching or cutting the non-coating portion 112A constitutes “removing.”
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Fig. 5 of Lee shows tabs in segment B3 removed entirely (cut) in a single last turn as well as notched tabs in B2 at Group 7 (extending to 2 turns) and further in Group 6 (extending to 3 turns). Lee also discloses in Pars. 126-128 that although the electrode tab 11 in Fig. 1 was made to continuously extend in the winding direction, the electrode tab may instead be formed in a discrete (made discontinuous with gaps) manner in the winding direction (X in annotated Fig. 4) to leave tabs of various shapes, heights, and periodicity. Thus, Lee discloses removing the outer two to three turns of the electrode tab.
Jo, Geng, and Lee are each in the same field of endeavor as the present invention, specifically, battery technology and more particularly the structural aspects, design, and manufacturing of cylindrical secondary battery cells. Accordingly, these references constitute analogous art as required by MPEP §2141.01(a). The insulator of Geng can be advantageously employed in the cylindrical cell of Jo made using the techniques of Lee to cost-effectively manufacture cylindrical battery cells that do not suffer from physical wear or shorts due to movement of the electrode assembly within the can. [See Geng Par. 36, “The insulator 400 is designed to secure the components of the jelly roll 100 and prevent any of the interior components of the jelly roll 100 from exposure and risk of short circuiting to the battery cell case 205.”; See also Jo Col. 3, Lines 1-5, “…the present disclosure is aimed at preventing the movement of an electrode assembly using an existing component in the manufacture of a battery, thereby preventing increases in the manufacturing process complexity and the manufacturing cost…”; See also Lee Par. 129, “The notching tabs 111 may be removed for convenience of processing, in the section B3 of one last turn.” and Par. 49, “…simplification of the processing can lead to a small and simple processing facility and a reduction in the processing cycle can lead to improvement in productivity.”]. This indicates a suggestion to combine the teachings of these references to a person having ordinary skill in the art. Additionally, as the combination results in the desired outcome via simple mechanical means (securing the electrode assembly to avert physical wear and shorts from its movement within the can and physical processing of battery components during manufacture of a cell), a person having ordinary skill in the art would have had a reasonable chance of success to arrive at the secondary battery of Claim 3 before the effective filing date thereof.
Regarding Claim 4, Jo in view of Geng discloses the secondary battery of Claim 2. Lee also discloses:
wherein the separator forms an outer surface of the electrode assembly [See Par. 108, “An electrode assembly 10… is formed in a way that a first electrode 15, a separator 16, and a second electrode 17…are laminated in the order of the first electrode 15, the separator 16, the second electrode 17 and the separator 16, at least once, and are wound around the winding axis Y.”].
Jo, Geng, and Lee are each in the same field of endeavor as the present invention, specifically, battery technology and more particularly the structural aspects, design, and manufacturing of cylindrical secondary battery cells. Accordingly, these references constitute analogous art as required by MPEP §2141.01(a). The insulator of Geng can be advantageously employed in the cylindrical cell of Jo made using the techniques of Lee to cost-effectively manufacture cylindrical battery cells that do not suffer from physical wear or shorts due to movement of the electrode assembly within the can. [See Geng Par. 36, “The insulator 400 is designed to secure the components of the jelly roll 100 and prevent any of the interior components of the jelly roll 100 from exposure and risk of short circuiting to the battery cell case 205.”; See also Jo Col. 3, Lines 1-5, “…the present disclosure is aimed at preventing the movement of an electrode assembly using an existing component in the manufacture of a battery, thereby preventing increases in the manufacturing process complexity and the manufacturing cost…”; See also Lee Par. 129, “The notching tabs 111 may be removed for convenience of processing, in the section B3 of one last turn.” and Par. 49, “…simplification of the processing can lead to a small and simple processing facility and a reduction in the processing cycle can lead to improvement in productivity.”]. This indicates a suggestion to combine the teachings of these references to a person having ordinary skill in the art. Additionally, as the combination results in the desired outcome via simple mechanical means (securing the electrode assembly to avert physical wear and shorts from its movement within the can and physical processing of battery components during manufacture of a cell), a person having ordinary skill in the art would have had a reasonable chance of success to arrive at the secondary battery of Claim 4 before the effective filing date thereof.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant’s disclosure. Jung et al. (WO 2022/250270 A1) discloses a cylindrical secondary battery having a can configured to allow increased battery capacity via an increased height of the electrode assembly.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHRISTOPHER G IZZO whose telephone number is (571)270-0705. The examiner can normally be reached Monday-Friday 8AM-5PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael N. Orlando can be reached at 571-270-5038. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CHRISTOPHER G. IZZO/Examiner, Art Unit 1746
/MICHAEL N ORLANDO/Supervisory Patent Examiner, Art Unit 1746
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