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 § 102
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.
Claims 1-5, 8 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by An et al. (KR 20170004686), hereinafter An.
Regarding claim 1, An teaches a pouch-type lithium secondary battery ([0001], pouch-type case 100), comprising:
An electrode assembly comprising ([0007]):
A positive electrode ([0007]);
A separator ([0007]);
The separator protrudes relative to one end of the positive electrode ([0020]);
A length of the protruding portion is less than or equal to a length from the one end of the positive electrode to the sealing portion ([0020]).
A negative electrode ([0007]);
A pouch for accommodating the electrode assembly ([0007]):
The pouch has a sealing portion at an edge and a junction portion which seals a portion where the electrode lead tab protrudes to the outside of the pouch through the sealing portion ([0014], [0027]);
An electrode lead tab electrically connected to the electrode assembly comprising ([0007]):
A positive electrode lead tab ([0007]);
A negative electrode lead tab ([0007]).
Regarding claim 2, An teaches the limitations of claim 1, as stated above. An further teaches:
The positive electrode has the positive electrode lead tab electrically connected to one end thereof ([0007]);
The negative electrode has the negative electrode lead tab electrically connected to one end thereof ([0007]);
The positive electrode lead tab and the negative electrode lead tab are electrically connected to the positive electrode and the negative electrode in the same direction or opposite directions ([0007], [0026]).
Regarding claim 3, An teaches the limitations of claim 1, as stated above. An further teaches the pouch is an aluminum pouch ([0033]).
Regarding claim 4, An teaches the limitations of claim 1, as stated above. An further teaches the junction portion comprises a thermoplastic resin ([0033], the adhesive layer is made of thermoplastic resin materials).
Regarding claim 5, An teaches the limitations of claim 1, as stated above. An further teaches a part of the protruding portion of the separator has an insulation layer ([0033]).
Regarding claim 8, An teaches the limitations of claim 1, as stated above. An further teaches one end of the separator partially protrudes to overlap with the positive electrode lead tab or wraps around the positive electrode lead tab ([0020]).
Claim Rejections - 35 USC § 103
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 6, 7, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over An in view of Kim (US 20100173193).
Regarding claim 6, An teaches the limitations of claim 1, as stated above. An teaches an insulation layer ([0033]). An fails to teach the insulation layer is formed on one or both sides of the separator. Kim teaches the insulation layer is formed on one or both sides of the separator ([0057], [0067]). An and Kim are considered analogous art to the claimed invention because they are in the same field of pouch lithium secondary batteries. It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to modify the placement of the insulation layer of An to incorporate the teachings of Kim to prevent a short circuit (Kim: [0057]).
Regarding claim 7, An and Kim teach the limitations of claim 6, as stated above. An further teaches the insulation layer formed of polyethylene terephthalate (PET) ([0033]). An and Kim are considered analogous art to the claimed invention because they are in the same field of pouch lithium secondary batteries. It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to select an insulation layer of a resin material as they are well known in the art for providing electrical insulation and mechanical flexibility. The selection of PET would have represented the use of a known material for its predictable insulating properties and durability, yielding no unexpected results.
Regarding claim 9, An teaches the limitations of claim 1, as stated above. An further teaches a negative electrode ([0007]). An fails to teach the negative electrode is a lithium negative electrode. Kim teaches the negative electrode is a lithium negative electrode ([0003]). ]). An and Kim are considered analogous art to the claimed invention because they are in the same field of pouch lithium secondary batteries. It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to modify the negative electrode taught by An in view of Kim to incorporate a lithium-containing negative electrode for the benefit of improved energy storage characteristics and compatibility with non-aqueous electrolyte battery systems. The modification merely substitutes one known negative electrode material for another known equivalent material performing the same function, yielding predictable results.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over An in view of Xue et al. (US 20190326584), hereinafter Xue.
Regarding claim 10, An teaches the limitations of claim 1, as stated above. An fails to teach the lithium secondary battery is a lithium-sulfur secondary battery. Xue teaches a lithium secondary battery is a lithium-sulfur secondary battery ([0082]). An and Kim are considered analogous art to the claimed invention because they are in the same field of pouch lithium secondary batteries. It would have been obvious to one of ordinary skill in the art before the effective filing date of the current invention to modify the battery of An to employ a lithium-sulfur pouch battery configuration as taught by Xue. One of ordinary skill in the art would have been motivated to incorporate the lithium-sulfur pouch battery arrangement of Xue into the battery structure of An in order to obtain the predictable benefits including improved energy capacity and reduced weight. The modification would merely involve applying a known battery configuration and chemistry to a known electrochemical device for its recognized advantages, yielding predictable results.
Conclusion
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/TAMARA ORDUNA/Examiner, Art Unit 1776
/Jennifer Dieterle/Supervisory Patent Examiner, Art Unit 1776
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