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 .
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.
Claim(s) 1-4, 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park (KR-20120102935-A) (see translation).
Regarding claim 1, Park discloses a secondary battery comprising: an electrode multilayer that comprises a positive electrode layer, a negative electrode layer and a separator arranged between the positive electrode layer and the negative electrode layer (see e.g., Park; fig. 1, fig. 5, [0005]);
an exterior case (200) (see e.g., Park; fig. 5);
a positive electrode tab and a negative electrode tab that are included in the exterior case (301 in fig. 5, 36 and 38 in fig. 1) (see e.g., Park; fig. 5, [0033]-[0034], and fig. 1, [0005]-[0006]);
a positive electrode lead wire that electrically connects the positive electrode layer and the positive electrode tab; and a negative electrode lead wire that electrically connects the negative electrode layer and the negative electrode tab (see e.g., Park; fig. 1, fig. 5, [0005]-[0006], regarding negative electrode tab 34 and positive electrode tab 32, which is labeled in fig. 1, for electrical connection with leads 36 and 38),
wherein the exterior case comprises a cup-shaped formed member, the cup-shaped formed member comprises a recess portion and a flat portion that is connected to an edge of the recess portion (see e.g., Park; fig. 1, fig. 5, wherein the recess portion is the space occupied by the electrode body and the flat portion is the circumference of the pouch 20),
the recess portion comprises an electrode multilayer container that contains the electrode multilayer (see e.g., Park; fig. 1, fig. 5, regarding general container area), a positive electrode lead wire container that contains the positive electrode lead wire and a negative electrode lead wire container that contains the negative electrode lead wire (see e.g., Park; annotated fig. 1, wherein the area around the positive electrode lead wire is a positive electrode lead wire container area, and the area around the negative electrode lead wire is the negative electrode lead wire container),
a width of the positive electrode lead wire container and a width of the negative electrode lead wire container are narrower than a width of the electrode multilayer (see e.g., Park; annotated fig. 1, wherein the negative and positive container areas are half of recessed area containing the electrode multilayer such that the container areas are thereby narrower than a width of the electrode body),
the positive electrode tab comprises a positive electrode tab locating member (33), and the positive electrode tab locating member and an edge of the positive electrode lead wire container are in contact with each other in at least two locations, the negative electrode tab comprises a negative electrode tab locating member (33), and the negative electrode tab locating member and an edge of the negative electrode lead wire container are in contact with each other in at least two locations (see e.g., Park; fig. 1, fig. 5, [0008], regarding insulating tape 33, wherein the insulating tape 33 is sealed and contacting the flat portion of the sealed pouch 200, which is within the area of the claimed containers as labeled in annotated fig. 1, the contact is at least on the left and right side of both leads corresponding to at least two locations),
a length of the positive electrode lead wire is longer than a distance between the positive electrode layer and the positive electrode tab and a length of the negative electrode lead wire is longer than a distance between the negative electrode layer and the negative electrode tab (see e.g., Park; fig. 1, fig. 5, wherein the figures show that the tabs 32 and 34 extend and curve from a top side and bottom side of the electrode body to the leads 36 and 38 such that a total length of both positive and negative tabs 32 and 34 would thereby have a length greater than the shortest distance from the electrode layers to the tabs, [0006] further describes how the tabs converge in a predetermined direction; a diagonal distance from the top or bottom of the electrode body to the leads, which is positioned at the center of the electrode body, is longer than a direct distance from the center of the electrode body to the leads).
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Regarding claim 2, Park discloses the secondary battery according to claim 1, wherein the positive electrode lead wire container and the negative electrode lead wire container are curved in a top view (see e.g., Park; fig. 1, fig. 5, wherein a recessed section of the container portions are curved).
Regarding claim 3, Park discloses the secondary battery according to claim 1, wherein the positive electrode lead wire container and the negative electrode lead wire container are polygonal in a top view (see e.g., Park fig. 1, fig. 5, wherein a flat portion of the containers portions comprises of straight lines, which is polygonal).
Regarding claim 4, Park discloses the secondary battery according to claim 1, wherein a length of the positive electrode tab locating member is longer than an extra length of the positive electrode lead wire obtained by subtracting the distance between the positive electrode layer and the positive electrode tab from the length of the positive electrode lead wire, and a length of the negative electrode tab locating member is longer than an extra length of the negative electrode lead wire obtained by subtracting the distance between the negative electrode layer and the negative electrode tab from the length of the negative electrode lead wire (see e.g., Park; fig. 1, fig. 5, wherein the insulating layers 33 look longer than the length of the tabs 32 and 34, which would thereby meet the limitations of the claimed calculation).
Regarding claim 7, Park discloses a method for manufacturing a secondary battery (see e.g., Park; [0001], [0020], [0026], [0035], [0038], claim 7, fig. 5), the method comprising: preparing a cup-shaped formed member (see e.g., Park; fig. 5) that comprises: an electrode multilayer that comprises a positive electrode layer, a negative electrode layer, and a separator arranged between the positive electrode layer and the negative electrode layer (see e.g., Park; [0005]); a recess portion (see e.g., Park; fig. 5, regarding area of pouch 200 housing the electrode body); and a flat portion that is connected to an edge of the recess portion (see e.g., Park; fig. 5, regarding circumference of pouch 200), in which the recess portion comprises an electrode multilayer container (see e.g., Park; fig. 5), a positive electrode lead wire container and a negative electrode lead wire container and in which a width of the positive electrode lead wire container and a width of the negative electrode lead wire container are narrower than a width of the electrode multilayer (see e.g., Park; fig. 5, fig. 1, regarding tabs 32 and 34);
connecting a positive electrode tab to the positive electrode layer of the electrode multilayer via a positive electrode lead wire that is longer than a distance between the positive electrode layer and the positive electrode tab, and connecting a negative electrode tab to the negative electrode layer via a negative electrode lead wire that is longer than a distance between the negative electrode layer and the negative electrode tab (see e.g., Park; fig. 1, fig. 5, wherein the figures show that the tabs 32 and 34 extend and curve from a top side and bottom side of the electrode body to the leads 36 and 38 such that a total length of both positive and negative tabs 32 and 34 would thereby have a length greater than the shortest distance from the electrode layers to the tabs, [0006] further describes how the tabs converge in a predetermined direction; a diagonal distance from the top or bottom of the electrode body to the leads, which is positioned at the center of the electrode body, is longer than a direct distance from the center of the electrode body to the leads);
attaching a positive electrode tab locating member to the positive electrode tab, and attaching a negative electrode tab locating member to the negative electrode tab (see e.g., Park; fig. 5); containing the electrode multilayer in the electrode multilayer container of the cup-shaped formed member (see e.g., Park; fig. 5, [0026]), containing the positive electrode lead wire in the positive electrode lead wire container, and containing the negative electrode lead wire in the negative electrode lead wire container (see e.g., Park; annotated fig. 1, wherein the area around the positive electrode lead wire is a positive electrode lead wire container area, and the area around the negative electrode lead wire is the negative electrode lead wire container); and
fixing the positive electrode tab such that the positive electrode tab locating member of the positive electrode tab and an edge of the positive electrode lead wire container are in contact with each other in at least two locations, and fixing the negative electrode tab such that the negative electrode tab locating member of the negative electrode tab and an edge of the negative electrode lead wire container are in contact with each other in at least two locations (see e.g., Park; fig. 1, fig. 5, [0008], regarding insulating tape 33, wherein the insulating tape 33 is sealed and contacting the flat portion of the sealed pouch 200, which is within the area of the claimed containers as labeled in annotated fig. 1, the contact is at least on the left and right side of both leads corresponding to at least two locations).
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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.
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) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (KR-20120102935-A) (see translation), and in further view of Kang (KR-20170002013-A) (see translation).
Regarding claim 5, Park discloses the secondary battery according to claim 1, wherein the electrode multilayer is rectangular in a top view (see e.g., Park; fig. 1, fig. 5).
Park does not explicitly disclose the positive electrode tab locating member and the negative electrode tab locating member are arranged to sandwich the electrode multilayer on a center line of two opposite sides of the electrode multilayer. However, Kang discloses a similar pouch battery wherein the tabs and insulating layers on the tabs are arranged to sandwich the electrode multilayer on a center line of two opposite sides of the electrode multilayer (see e.g., Kang; figs. 1, 3, [0022]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the location of the tabs and locating members of Park to be positioned to sandwich the electrode multilayer on a center line of two opposite sides of the electrode multilayer as disclosed by Kang in order to provide increase energy density (see e.g., Kang; [0036]).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (KR-20120102935-A) (see translation), and in further view of Kubota (US-20180198120-A1).
Regarding claim 6, Park discloses the secondary battery according to claim 1. Park does not explicitly disclose wherein a negative electrode active material is metallic lithium. However, Kubota discloses wherein the negative electrode active material is lithium metal (see e.g., Kubota; abstract, [0002], [0006]-[0007]). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the active material of Park to be lithium metal as disclosed by Kubota in order to provide high energy density (see e.g., Kubota; [0006]).
Conclusion
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/KEVIN SONG/Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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