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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: 300C. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 9, 11-14, and 16 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Muraishi et al. (JP-2002305029-A, Translation used for citation).
With regards to claim 1, Muraishi teaches a secondary battery comprising (page 1): a battery case (package, 26); an electrode assembly accommodated inside the battery case and including a plurality of electrodes (page 3 and Fig. 1). In Fig. 1, Muraishi teaches a first upper electrode tab connected to electrodes belonging to a first electrode group among the electrodes; a first lower electrode tab connected to electrodes belonging to a second electrode group among the electrodes. Muraishi goes on to teach a first electrode lead (terminal, 23) connected to the first upper electrode tab; and a second electrode lead (terminal, 23) connected to the first lower electrode tab and spaced apart from the first electrode lead (Fig. 1 and page 4). These connections read on an electrical connection. Muraishi also teaches that the first and second electrode leads (terminals, 23) are positive which reads on the electrodes belonging to the first electrode group having a polarity that is the same as polarity of the electrodes belonging to the second electrode group. Fig. 1 is shown below.
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With regards to claim 2, Muraishi teaches that the electrode assembly includes a cathode and an anode that are alternately stacked with a polymer electrolyte therebetween (page 15). The polymer electrolyte layer taught by Muraishi is read as the separator and is placed between the anode and cathode.
With regards to claim 3, Muraishi shows in Fig. 1 that the first electrode lead and the second electrode lead extend from an inside of the battery case to protrude outward. Fig. 1 is shown above.
With regards to claim 9, In Fig. 1, Muraishi shows that the upper electrode tab and the lower electrode tab are spaced apart from each other.
With regard to claim 11, Muraishi teaches the secondary battery of claim 1 further comprising: a second upper electrode tab connected to electrodes belonging to a third electrode group among the electrodes; and a second lower electrode tab connected to electrodes belonging to a fourth electrode group among the electrodes (Fig. 1). Muraishi teaches that the third and fourth electrode group comprise of the negative electrodes (page 4). This reads on the electrodes belonging to the third electrode group and the fourth electrode group having a polarity that is different from the electrodes belonging to the first electrode
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group and the second electrode group. Fig. 1 is shown below.
With regards to claim 12, Muraishi teaches a third electrode lead connected to the second upper electrode tab; and a fourth electrode lead connected to the second lower electrode tab and spaced apart from the third electrode lead (page 4 and Fig. 1). These connections read on an electrical connection.
With regards to claim 13, Muraishi shows in Fig. 1 that the third electrode lead and the fourth electrode lead extend from an inside of the battery case to protrude outward. Fig. 1 is shown above.
With regards to claim 14, in Fig. 1, Muraishi shows that a direction in which the third electrode lead and the fourth electrode lead protrude is different from a direction in which the first electrode lead and the second electrode lead protrude. See Fig. 1 above.
With regards to claim 16, Muraishi shows in Fig. 1 that the second upper electrode tab and the second lower electrode tab are spaced apart from each other. Fig. 1 is shown above.
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.
Claim(s) 4-5 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Muraishi et al. (JP-2002305029-A, translation used for citation) as applied to claim 3 and 14 above, and in further view of Tadokoro (JP-2009272161-A, translation used for citation).
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With regards to claim 4, Muraishi teaches the secondary battery according to claim 3. Muraishi teaches a pair of auxiliary sheets (26c) disposed in a folded state between each upper and lower tab (page 8 and Fig. 1). On page 9, Muraishi explains that a pair of package sheets (26a and 26b), along with the auxiliary sheets comprise of the package (26) and seal the periphery of the battery with the electrode tabs sandwiched between the package and auxiliary sheets (page 8-9 and Fig. 1). However, Muraishi does not teach that the first electrode lead and the second electrode lead pass through an insulating member included in the battery case to extend outside the battery case. See Fig. 1 below.
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In a similar field of endeavor, a battery case in which an electrode body is housed (page 1). Similar to Muraishi, Tadokoro teaches two electrode leads (terminals, 50) of the same polarity, protruding out of the battery case (page 4 and Fig. 1). Tadokoro teaches the two leads are overlapped with a thermoplastic resin (92) interposed therebetween, and are further drawn out of the casing with a thermoplastic resin (93) interposed therebetween (page 4 and Fig. 1). In Fig. 1, Tadokoro shows that the thermoplastic resins are disposed between the two leads and between each lead and the case with the leads passing through the thermoplastic resin. On page 7, Tadokoro discloses that the thermoplastic resin is an insulating thermoplastic resin and is used to prevent a short circuit between different charged leads. On pages 4-5, Tadokoro also teaches that the thermoplastic resin (91, 93), along with the outer package of the battery seal the battery peripheral portion. Tadokoro discloses that the thermoplastic resin (91, 93) may be disposed as one thermoplastic resin. This thermoplastic resin reads on an insulating member. Fig. 1 is shown below.
It would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to substitute the auxiliary sheets between the first and second electrode leads as taught by Muraishi with the insulating thermoplastic resin disposed between the two electrode leads and between each lead and the battery case as taught by Tadokoro. This will predictably prevent a short circuit in the battery while sealing the periphery of the battery. Through this modification, the secondary battery taught by modified Muraishi will comprise a first and second electrode lead that pass through an insulating member included in the battery case to extend outside the battery case.
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With regards to claim 5, modified Muraishi teaches that the insulation member is placed between the leads and between the case and each lead as shown in Fig. 1. Through this modification, the insulating member taught by modified Muraishi comprises a first portion, which is between the battery case and the first electrode lead; a second portion, which is between the first electrode lead and the second electrode lead; and a third portion, which is between the second electrode lead and the battery case. See Fig. 1 below.
With regards to claim 15, Muraishi teaches the secondary battery according to claim 14. Muraishi teaches a pair of auxiliary sheets (26c) disposed in a folded state between each upper and lower tab (page 8 and Fig. 1). On page 9, Muraishi explains that a pair of package sheets (26a and 26b), along with the auxiliary sheets comprise of the package (26) and seal the periphery of the battery with the electrode tabs sandwiched between the package and auxiliary sheets (page 8-9 and Fig. 1). However, Muraishi does not teach that the third electrode lead and the fourth electrode lead pass through an insulating member included in the battery case to extend outside the battery case. See Fig. 1 above.
In a similar field of endeavor, a battery case in which an electrode body is housed (page 1). Similar to Muraishi, Tadokoro teaches two electrode leads (terminals, 50) of the same polarity, protruding out of the battery case (page 4 and Fig. 1). Tadokoro teaches the two leads are overlapped with a thermoplastic resin (92) interposed therebetween, and are further drawn out of the casing with a thermoplastic resin (93) interposed therebetween (page 4 and Fig. 1). In Fig. 1, Tadokoro shows that the thermoplastic resins are disposed between the two leads and between each lead and the case with the leads passing through the thermoplastic resin. On page 7, Tadokoro discloses that the thermoplastic resin is an insulating thermoplastic resin and is used to prevent a short circuit between different charged leads. On pages 4-5, Tadokoro also teaches that the thermoplastic resin (91, 93), along with the outer package of the battery seal the battery peripheral portion. Tadokoro discloses that the thermoplastic resin (91, 93) may be disposed as one thermoplastic resin. This thermoplastic resin reads on an insulating member. See Fig. 1 above.
It would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to substitute the auxiliary sheets between the third and fourth electrode leads as taught by Muraishi, with the insulating thermoplastic resin disposed between the two electrode leads and between each lead and the battery case as taught by Tadokoro. This will predictably prevent a short circuit in the battery while sealing the periphery of the battery. Through this modification, the secondary battery taught by modified Muraishi will comprise a third and fourth electrode lead that pass through an insulating member included in the battery case to extend outside the battery case. It would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to modify the battery taught by Muraishi to include an insulating thermoplastic resin between the third and fourth leads and between each lead and the case as taught by Tadokoro. This will predictably prevent a short circuit in the battery.
Claim(s) 6-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Muraishi et al. (JP-2002305029-A, translation used for citation) and view of Tadokoro (JP-2009272161-A, translation used for citation), as applied to claim 5 above, and further in view of Fukuda et al. (US-20100221601-A1).
With regards to claim 6, modified Muraishi teaches that the first, second and third portions comprise the thermoplastic resin which read on an insulating layer. On page 1 and in Fig. 1, Tadokoro also teaches that the film material (case) and thermoplastic resin are adhered to close the peripheral part (85). However, Muraishi and Tadokoro do not specifically teach an
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adhesive layer included with the insulating layer. See Fig. 1 below.
In a similar field of endeavor, Fukuda teaches a cell comprising a lead conductor and a sealed vessel (case) including a metal layer (¶ 0012). Fukuda teaches that the lead extends from the inside of the sealed vessel to the outside, and the lead and the sealed vessel (case) are heat-sealed so as to have superior adhesive strength and sealing effect at the sealing portion, without causing any short circuit between the metal layer and the lead (¶ 0012). Fukuda teaches an insulating layer including a thermal adhesive layer that may be partially coated on the lead along (¶ 0018). Fukuda teaches that this allows for excellent adhesion and sealing (¶ 0020).
It would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to modify the insulation member taught by modified Muraishi to include an adhesive layer as taught by Fukuda as this will allow for the adhesion of the film material (case) and thermoplastic resin (insulation member) to close the peripheral part with no unpredictable results. Through this modification, the first, second, and third portions of the insulation member taught by modified Muraishi will each comprise an insulating layer and an adhesive layer.
With regards to claim 7, as discussed above, modified Muraishi teaches that the insulation member comprises an adhesive layer. In Fig. 1, the insulation member is shown to be in contact with the battery case, and the two leads. As the adhesive layer is included in the insulation member, the adhesive layer is also in contact with at least one of the battery case, the first electrode lead, and the second electrode lead.
With regards to claim 8, as discussed previously and shown in Fig. 1 above, the insulating member comprises a first portion between the battery case and the first electrode lead; a second portion, between the first electrode lead and the second electrode lead; and a third portion, between the second electrode lead and the battery case. As mentioned earlier, the insulating member taught by modified Muraishi comprises an insulating and adhesive layer. Since the insulation member is disposed in different portions with an adhesive layer, the insulating layer will be disposed between adhesive layers of the different portions spaced apart from each other. Thus, modified Muraishi teaches the secondary battery of claim 7, wherein the insulating layer is disposed between the adhesive layers spaced apart from each other.
Claim(s) 10 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Muraishi et al. (JP-2002305029-A, Translation used for citation) as applied to claims 1 and 12 above, and further in view of Zhang et al. (CN-103390731-A, translation used for citation).
With regards to claim 10, Muraishi teaches the secondary battery according to claim 1. Muraishi teaches a first upper electrode tab and a first lower electrode tab as shown in Fig. 1 below. However, Muraishi does not teach that the upper and lower tabs contact each other.
In a similar field of endeavor, Zhang teaches a lithium-ion battery internal structure with improved power, capacity, service life and safety (page 2). Zhang teaches that the battery comprises multiple tabs of the same polarity located on the same straight line and welded integrally (page 3). This reads on the tabs being in contact with each other. Zhang discloses that this guarantees proper contact of the electric core and the pole, which in turn reduces contact resistance of the parts in the battery (page 3). Zhang teaches that this ensures a high-rate performance of the battery while preventing any safety hazards caused by heat generated due to high resistance (page 3).
It would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to modify the tabs of the same polarity taught by Muraishi to be welded integrally as taught by Zhang. This will predictably ensure proper contact of the electric core and the leads, reducing contact resistance and improving the performance and safety of the battery. Through this modification, the secondary battery taught by modified Muraishi comprises the first upper and first lower electrode tabs (tabs of the same polarity) wherein the tabs contact with each other.
With regards to claim 17, Muraishi teaches the secondary battery according to claim 12. Muraishi teaches a second upper electrode tab and a second lower electrode tab as shown in Fig. 1 above. However, Muraishi does not teach that the upper and lower tabs contact each other.
In a similar field of endeavor, Zhang teaches a lithium-ion battery internal structure with improved power, capacity, service life and safety (page 2). Zhang teaches that the battery comprises multiple tabs of the same polarity located on the same straight line and welded integrally (page 3). This reads on the tabs being in contact with each other. Zhang discloses that this guarantees proper contact of the electric core and the pole, which in turn reduces contact resistance of the parts in the battery (page 3). Zhang teaches that this ensures a high-rate performance of the battery while preventing any safety hazards caused by heat generated due to high resistance (page 3).
It would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to modify the tabs of the same polarity taught by Muraishi to be welded integrally as taught by Zhang. This will predictably ensure proper contact of the electric core and the leads, reducing contact resistance and improving the performance and safety of the battery. Through this modification, the secondary battery taught by modified Muraishi comprises the second upper and second lower electrode tabs (tabs of the same polarity) wherein the tabs contact with each other.
Claim(s) 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Muraishi et al. (JP-2002305029-A, translation used for citation) as applied to claim 1 above, and in further view of Tadokoro (JP-2009272161-A, translation used for citation)
With regards to claim 18, Muraishi teaches the secondary battery according to claim 1. Muraishi does not specifically teach a secondary battery module comprising a plurality of the secondary batteries. However, it is well known in the art that a plurality of batteries may be combined to form a battery module. Thus, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to combine a plurality of the secondary batteries taught by Muraishi to form a secondary battery module as there are no unexpected results.
With regards to claim 19, Muraishi renders the secondary battery module according to claim 18 obvious. Muraishi does not specifically teach a battery pack comprising a plurality of the secondary battery modules. However, it is well known in the art that a plurality of secondary battery modules may be combined to form a battery pack. Thus, it would have been obvious to one of ordinary skill in the art, at the time the invention was effectively filed to combine a plurality of the secondary battery module rendered obvious by Muraishi to form a secondary battery pack as there are no unpredictable results.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HUNSUYADOR YUSIF whose telephone number is (571)272-4531. The examiner can normally be reached 7 am - 5 pm (M-R).
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/HUNSUYADOR MUGEESATU YUSIF/Examiner, Art Unit 1743
/ADAM J FRANCIS/Primary Examiner, Art Unit 1728
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