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
Figure 3 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated (see para [0067] of the Instant Specification). See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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 § 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 11 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 11 requires that “the first dissociative portion and the first connection portion are not provided with the first active substance layer.” However, Figs. 2 and 6 of the Instant Specification both appear to show first connection portion 232 and first dissociative portion 231 such that a portion of the first connection portion 232 is provided with the first active substance layer (see the illustration below). This renders the claim indefinite, because it is unclear how to interpret the claim in light of the Instant Specification. For examination purposes, it is understood that a first connection portion that is only partially covered with a first active substance layer would read on the claim, as this is what is depicted in the Instant Specification..
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Reproduction with annotation of Fig. 2 of the Instant Specification
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.
Claim(s) 1-3 and 9-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shao et al. (US 2020/0313196).
As to claim 1, Shao et al. discloses an electrode assembly, comprising a first electrode tab (see e.g. tab 30, [0035] and Fig. 1), a first electrode plate (see e.g. electrode plate 110, [0048] and Fig. 6, and positive electrode plate 201, [0053] and Fig. 9), a second electrode plate (see e.g. negative electrode plate 202, [0053] and Fig. 9) and a separator (see e.g. isolation film 203, [053] and Fig. 9); the separator being located between the first electrode plate and the second electrode plate (see e.g. Fig. 9, isolation film 203 is between electrode plates 201 and 202); the first electrode plate, the separator and the second electrode plate being stacked and wound (see e.g. Fig. 9, positive electrode plate 201, negative electrode plate 202 and isolation film 203 are stacked and wound); the first electrode plate comprising a first current collector (see e.g. collector 10, [0045] and Fig. 5) and a first active substance layer (see e.g. first active material layer 20, [0049] and Figs. 5-6); wherein, the first current collector comprising:
a first section, a surface of the first section is at least partially provided with the first active substance layer (see e.g. Fig. 6 and Illustration 1 below);
a second section, a surface of the second section is at least partially provided with the first active substance layer (see e.g. Fig. 6 and Illustration 1 below);
a third section, along a first direction, the third section is located between the first section and the second section (see e.g. Fig. 6 and Illustration 1 below);
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Illustration 1: reproduction with annotation of Fig. 6 of Shao et al..
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Illustration 2: reproduction with annotation of Fig. 6 of Shao et al..
along a second direction, the third section comprising a first dissociative portion and a first connection portion connected sequentially (see e.g. Fig. 6 and Illustration 2 above);
the first connection portion connecting the first section and the second section (see e.g. Fig. 6 and Illustration 1);
along the first direction, the first dissociative portion comprises a first side facing the first section and a second side facing the second section (see e.g. Fig. 6 and Illustration 2), the first side is dissociated from the first section and the second side is dissociated from the second section (see e.g. [0048], Fig. 6, and Illustration 2, the slots 141 can reasonably be said to at least partially dissociate the first side from the first section and the second side from the second section in a manner that is analogous to the configuration shown in Fig. 2 of the Instant Specification);
the first dissociative portion having a first empty foil area without the first active substance layer (see e.g. blank area 14, [0047] and Fig. 6);
one side of the first empty foil area in a third direction being connected to the first electrode tab (see e.g. Fig. 6 and [0035], electrode tab 30 is connected to the blank area 14 of metallic layer 12, the z-axis going out of the plane of the figure reads on the third direction);
the third direction being a thickness direction of the first electrode plate;
the first direction, the second direction, and the third direction being perpendicular to each other (see e.g. Figs. 5-6, the x, y, and z axes read on the first, second, and third directions, respectively).
As to claim 2, Shao et al. discloses the electrode assembly according to claim 1, wherein, a first gap is provided between the first dissociative portion and the first section (see e.g. leftmost slot 141, [0048], Fig. 6, and Illustrations 1-2); and a second gap is provided between the first dissociative portion and the second section (see e.g. rightmost slot 141, [0048], Fig. 6, and Illustrations 1-2).
As to claim 3, Shao et al. discloses the electrode assembly according to claim 2, wherein, the first gap and the second gap both extend along the second direction (see e.g. Fig. 6, slot 141 extends along the y-axis, which reads on the second direction).
As to claim 9, Shao et al. discloses the electrode assembly according to claim 1, wherein, the first dissociative portion further has a collection layer area with the first active substance layer on the surface; and along the second direction, the collection layer area is located between the first connection portion and the first empty foil area (see e.g. Fig. 6 and Illustration 3 below).
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Illustration 3: reproduction with annotation of Fig. 6 of Shao et al..
As to claim 10, Shao et al. discloses the electrode assembly according to claim 9, wherein, the surface of the first section has a first side empty foil area without the first active substance layer (see e.g. Fig. 6 and Illustration 4 below, the first section comprises an area that is not coated with an active substance layer); along the first direction, the first side empty foil area is located on one side of the first empty foil area; and the first side empty foil area is dissociated from the first empty foil area (see e.g. [0048], Fig. 6, and Illustration 4, the slots 141 at least partially dissociate the first side empty foil area from the empty foil area).
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Illustration 4: reproduction with annotation of Fig. 6 of Shao et al..
As to claim 11, Shao et al. discloses the electrode assembly according to claim 1, wherein, the first dissociative portion and the first connection portion are not provided with the first active substance layer (see e.g. Fig. 6 and Illustration 5 below, the first dissociative portion can reasonably be interpreted as covering only the uncoated portion of the collector. See also the rejection of claim 11 under 35 USC 112(b) above, for examination purposes, it is understood that the first connection portion is not provided with the first active substance layer if a portion of the first connection portion is not provided with the first active substance layer).
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Illustration 5: reproduction with annotation of Fig. 6 of Shao et al..
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) 4-8 are rejected under 35 U.S.C. 103 as being unpatentable over Shao et al. (US 2020/0313196).
As to claim 4, Shao et al. discloses the electrode assembly according to claim 2. In Shao et al.’s electrode assembly wherein, an extension direction of the first gap and an extension direction of the second gap is parallel relative to the second direction (see e.g. slots 141, Fig. 6).
Shao et al. does not explicitly disclose an electrode assembly wherein, an extension direction of the first gap and an extension direction of the second gap is inclined relative to the second direction; along the second direction, a distance between the first gap and the first electrode tab in the first direction gradually decreases; and a distance between the second gap and the first electrode tab in the first direction gradually decreases.
However, it has been held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (see MPEP § 2144.04). In the instant case, modifying the shape of the first and second gaps of the electrode assembly of Shao et al. in the manner described in the instant claim would not alter the performance of the electrode assembly in a patentably distinct manner or introduce any new or unexpected benefit. One of ordinary skill in the art prior to the filing date of the claimed invention would therefore have found it obvious to modify the electrode assembly of Shao et al. such that an extension direction of the first gap and an extension direction of the second gap is inclined relative to the second direction; along the second direction, a distance between the first gap and the first electrode tab in the first direction gradually decreases; and a distance between the second gap and the first electrode tab in the first direction gradually decreases.
As to claim 5, Shao et al. discloses the electrode assembly according to claim 1, wherein, when viewed along the third direction, a projection of the first electrode tab on the first electrode plate has a length of W1 along the second direction; along the second direction, and a length of the first dissociative portion is W2 (see e.g. Fig. 6 and Illustration 6 below). Shao et al.’s figures are not necessarily drawn to scale, and as such it is unclear if the length W1 and W2 of Shao et al. satisfy the relationship W1/2≤W2≤3W1/2.
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Illustration 6: reproduction with annotation of Fig. 6 of Shao et al..
However, it has been held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (see MPEP § 2144.04). In the instant case, absent any evidence of the criticality of the claimed relative lengths of W1 and W2, designing the electrode assembly of Shao et al. such that the lengths W1 and W2 satisfy the relationship W1/2≤W2≤3W1/2 would fail to alter the performance of the electrochemical assembly in a patentably distinct manner or produce any new or unexpected benefit. As such, one of ordinary skill in the art prior to the filing date of the claimed invention would have found it to be an obvious design choice to set the lengths W1 and W2 of Shao et al.’s electrode assembly such that W1/2≤W2≤3W1/2.
As to claim 6, Shao et al. discloses the electrode assembly according to claim 5, wherein, the first dissociative portion has a first wall facing towards the first section (see e.g. Shao et al.: Fig. 6 and Illustration 7 below, slot 141 is a notch or gap formed in metallic layer 12 and therefore has an analogous first wall); the first section has a second wall facing towards the first dissociative portion (see e.g. Shao et al.: Fig. 6 and Illustration 7, slot 141 is a notch or gap formed in metallic layer 12 and therefore has an analogous second wall); a third wall is connected between the first wall and the second wall; and along the first direction, a distance between the first wall and the second wall is D1 (see e.g. Shao et al.: Fig. 6 and Illustration 7, slot 141 is a notch or gap formed in metallic layer 12 and therefore has a certain width that reads on the third wall and has width D1).
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Illustration 7: reproduction with annotation of Fig. 6 of Shao et al..
Shao et al.’s figures are not necessarily drawn to scale, and as such it is unclear if the lengths W1, W2, and D1 of Shao et al. satisfy the relationship W2≥D1≥W2/20.
However, it has been held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (see MPEP § 2144.04). In the instant case, absent any evidence of the criticality of the claimed relative lengths of W1 and W2, designing the electrode assembly of Shao et al. such that the lengths W1, W2, and D1 satisfy the relationship W2≥D1≥W2/20 would fail to alter the performance of the electrode assembly in a patentably distinct manner or produce any new or unexpected benefit. As such, one of ordinary skill in the art prior to the filing date of the claimed invention would have found it to be an obvious design choice to set the lengths W1, W2, and D1 of Shao et al.’s electrode assembly such that W2≥D1≥W2/20.
As to claim 7, Shao et al. discloses the electrode assembly according to claim 1, wherein, the first dissociative portion has a first wall facing towards the first section (see e.g. Shao et al.: Fig. 6 and Illustration 7 above, slot 141 is a notch or gap formed in metallic layer 12 and therefore has an analogous first wall); the first section has a second wall facing towards the first dissociative portion (see e.g. Shao et al.: Fig. 6 and Illustration 7, slot 141 is a notch or gap formed in metallic layer 12 and therefore has an analogous second wall); a third wall is connected between the first wall and the second wall (see e.g. Shao et al.: Fig. 6 and Illustration 7, slot 141 is a notch or gap formed in metallic layer 12 and therefore has a certain width that reads on the third wall and has width D1).
Shao et al. is silent as to whether the third wall is a concave arc-shaped wall.
However, it has been held that, where the only difference between the prior art and the claims was a simple change in the shape or configuration of the prior art device and a device having the claimed configuration would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (see MPEP § 2144.04). In the instant case, absent any evidence of the criticality of the shape claimed concave arc-shaped third wall, designing the electrode assembly of Shao et al. such the that third wall has an arc shape would fail to alter the performance of the electrode assembly in a patentably distinct manner or produce any new or unexpected benefit. As such, one of ordinary skill in the art prior to the filing date of the claimed invention would have found it to be an obvious design choice to provide the third wall of Shao et al.’s electrode assembly with a concave arc-shaped wall.
As to claim 8, Shao et al. teaches the electrode assembly according to claim 7, wherein, along the first direction, the distance between the first wall and the second wall is D1. Shao et al. as applied to claim 7 above further teaches a concave arc-shaped wall
Shao et al. does not teach the diameter corresponding to the concave arc-shaped wall and does not teach that this diameter corresponding to the concave arc-shaped wall is T1 and D1≤T1≤5D1.
However, it has been held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (see MPEP § 2144.04). In the instant case, absent any evidence of the criticality of the claimed relative lengths of D1 and T1, designing the electrode assembly of Shao et al. such that the lengths W1and T1 satisfy the relationship T1 and D1≤T1≤5D1 would fail to alter the performance of the electrode assembly in a patentably distinct manner or produce any new or unexpected benefit. As such, one of ordinary skill in the art prior to the filing date of the claimed invention would have found it to be an obvious design choice to set the lengths W1 and T1 of Shao et al.’s electrode assembly such that D1≤T1≤5D1.
Claim(s) 12-20 are rejected under 35 U.S.C. 103 as being unpatentable over Liang et al. (US 2021/0194060) in view of Shao et al. (US 2020/0313196).
As to claim 12, Liang et al. discloses an electrochemical apparatus (see e.g. lithium-ion battery 5, Liang et al.: [0077] and Fig. 2), comprising a housing (see e.g. housing 51, Liang et al.: [0077] and Fig. 2) and an electrode assembly (see e.g. electrode assembly 52, Liang et al.: [0077] and Fig. 2); at least a portion of the electrode assembly being provided in the housing (see e.g. Liang et al.: Fig. 2, electrode assembly 52 is provided within housing 51);
the electrode assembly comprising a first electrode tab (see e.g. first tab 524, Liang et al.: [0078] and Fig. 2), a first electrode plate (see e.g. first electrode plate 521, Liang et al.: [0078] and Fig. 2), a second electrode plate (see e.g. second electrode plate 522, Liang et al.: [0078] and Fig. 2) and a separator (see e.g. separator 523, Liang et al.: [0078] and Fig. 2);
the separator being located between the first electrode plate and the second electrode plate (see e.g. Liang et al.: Fig. 3, separator 523 is between electrode plates 521 and 522); the first electrode plate, the separator and the second electrode plate being stacked and wound (see e.g. Liang et al.: Fig. 3, separator 523 and electrode plates 521 and 522 are stacked and wound); the first electrode plate comprising a first current collector and a first active substance layer (see e.g. current collector 521a and active material layer 521b, Liang et al.: [0079]).
Liang et al. does not disclose an electrode assembly wherein the first current collector comprising: a first section, a surface of the first section is at least partially provided with the first active substance layer; a second section, a surface of the second section is at least partially provided with the first active substance layer; a third section, along a first direction, the third section is located between the first section and the second section; along a second direction, the third section comprising a first dissociative portion and a first connection portion connected sequentially; the first connection portion connecting the first section and the second section; along the first direction, the first dissociative portion comprises a first side facing the first section and a second side facing the second section, the first side is dissociated from the first section and the second side is dissociated from the second section; the first dissociative portion having a first empty foil area without the first active substance layer; one side of the first empty foil area in a third direction being connected to the first electrode tab; the third direction being a thickness direction of the first electrode plate; the first direction, the second direction, and the third direction being perpendicular to each other.
However, Shao et al. teaches an analogous electrode assembly comprising a first section, a surface of the first section is at least partially provided with the first active substance layer (see e.g. Shao et al.: Fig. 6 and Illustration 1);
a second section, a surface of the second section is at least partially provided with the first active substance layer (see e.g. Shao et al.: Fig. 6 and Illustration 1);
a third section, along a first direction, the third section is located between the first section and the second section (see e.g. Shao et al.: Fig. 6 and Illustration 1); along a second direction, the third section comprising a first dissociative portion and a first connection portion connected sequentially (see e.g. Shao et al.: Fig. 6 and Illustration 2);
the first connection portion connecting the first section and the second section (see e.g. Shao et al.: Fig. 6 and Illustration 1);
along the first direction, the first dissociative portion comprises a first side facing the first section and a second side facing the second section (see e.g. Shao et al.: Fig. 6 and Illustration 2), the first side is dissociated from the first section and the second side is dissociated from the second section (see e.g. Shao et al.: [0048], Fig. 6, and Illustration 2, the slots 141 can reasonably be said to at least partially dissociate the first side from the first section and the second side from the second section in a manner that is analogous to the configuration shown in Fig. 2 of the Instant Specification);
the first dissociative portion having a first empty foil area without the first active substance layer (see e.g. blank area 14, Shao et al.: [0047] and Fig. 6);
one side of the first empty foil area in a third direction being connected to the first electrode tab (see e.g. Shao et al.: Fig. 6 and [0035], electrode tab 30 is connected to the blank area 14 of metallic layer 12, the z-axis going out of the plane of the figure reads on the third direction);
the third direction being a thickness direction of the first electrode plate;
the first direction, the second direction, and the third direction being perpendicular to each other (see e.g. Figs. 5-6, the x, y, and z axes read on the first, second, and third directions, respectively).
Shao et al. further teaches that the electrode assembly described above prevents the electrode tab from having a high resistance and facilitates stress release during cold pressing (see e.g. Shao et al.: [0004], [0023]).
It would therefore have been obvious to one of ordinary skill in the art prior to the filing date of the claimed invention to modify the electrochemical apparatus of Liang et al. by replacing Liang et al.’s electrode assembly with the electrode assembly taught by Shao et al., wherein the first current collector comprising: a first section, a surface of the first section is at least partially provided with the first active substance layer; a second section, a surface of the second section is at least partially provided with the first active substance layer; a third section, along a first direction, the third section is located between the first section and the second section; along a second direction, the third section comprising a first dissociative portion and a first connection portion connected sequentially; the first connection portion connecting the first section and the second section; along the first direction, the first dissociative portion comprises a first side facing the first section and a second side facing the second section, the first side is dissociated from the first section and the second side is dissociated from the second section; the first dissociative portion having a first empty foil area without the first active substance layer; one side of the first empty foil area in a third direction being connected to the first electrode tab; the third direction being a thickness direction of the first electrode plate; the first direction, the second direction, and the third direction being perpendicular to each other. Said artisan would have been motivated to make such an addition in order to prevent the electrode tab from having a high resistance and facilitates stress release during cold pressing, as taught by Shao et al..
As to claim 13, Liang et al. in view of Shao et al. discloses the electrode assembly according to claim 1, wherein, a first gap is provided between the first dissociative portion and the first section (see e.g. leftmost slot 141, Shao et al.: [0048], Fig. 6, and Illustrations 1-2); and a second gap is provided between the first dissociative portion and the second section (see e.g. rightmost slot 141, Shao et al.: [0048], Fig. 6, and Illustrations 1-2).
As to claim 14, Liang et al. in view of Shao et al. discloses the electrode assembly according to claim 2, wherein, the first gap and the second gap both extend along the second direction (see e.g. Shao et al.: Fig. 6, slot 141 extends along the y-axis, which reads on the second direction).
As to claim 15, Liang et al. in view of Shao et al. discloses the electrochemical apparatus according to claim 13. In Liang et al. in view of Shao et al.’s electrode assembly wherein, an extension direction of the first gap and an extension direction of the second gap is parallel relative to the second direction (see e.g. slots 141, Fig. 6).
Liang et al. in view of Shao et al. does not explicitly disclose an electrochemical apparatus wherein, an extension direction of the first gap and an extension direction of the second gap is inclined relative to the second direction; along the second direction, a distance between the first gap and the first electrode tab in the first direction gradually decreases; and a distance between the second gap and the first electrode tab in the first direction gradually decreases.
However, it has been held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (see MPEP § 2144.04). In the instant case, modifying the shape of the first and second gaps of the electrode assembly of Liang et al. in view of Shao et al. in the manner described in the instant claim would not alter the performance of the electrode assembly in a patentably distinct manner or introduce any new or unexpected benefit. One of ordinary skill in the art prior to the filing date of the claimed invention would therefore have found it obvious to modify the electrochemical apparatus of Liang et al. in view of Shao et al. such that an extension direction of the first gap and an extension direction of the second gap is inclined relative to the second direction; along the second direction, a distance between the first gap and the first electrode tab in the first direction gradually decreases; and a distance between the second gap and the first electrode tab in the first direction gradually decreases.
As to claim 16, Liang et al. in view of Shao et al. discloses the electrochemical apparatus according to claim 12, wherein, when viewed along the third direction, a projection of the first electrode tab on the first electrode plate has a length of W1 along the second direction; along the second direction, and a length of the first dissociative portion is W2 (see e.g. Shao et al.: Fig. 6 and Illustration 6 above). Liang et al. in view of Shao et al.’s figures are not necessarily drawn to scale, and as such it is unclear if the length W1 and W2 of Liang et al. in view of Shao et al. satisfy the relationship W1/2≤W2≤3W1/2.
However, it has been held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (see MPEP § 2144.04). In the instant case, absent any evidence of the criticality of the claimed relative lengths of W1 and W2, designing the electrochemical apparatus of Liang et al. in view of Shao et al. such that the lengths W1 and W2 satisfy the relationship W1/2≤W2≤3W1/2 would fail to alter the performance of the electrochemical apparatus of Liang et al. in view of Shao et al. in a patentably distinct manner or produce any new or unexpected benefit. As such, one of ordinary skill in the art prior to the filing date of the claimed invention would have found it to be an obvious design choice to set the lengths W1 and W2 of Liang et al. in view of Shao et al. such that W1/2≤W2≤3W1/2.
As to claim 17, Liang et al. in view of Shao et al. discloses the electrochemical apparatus according to claim 16, wherein, the first dissociative portion has a first wall facing towards the first section (see e.g. Shao et al.: Fig. 6 and Illustration 7 above, slot 141 is a notch or gap formed in metallic layer 12 and therefore has an analogous first wall); the first section has a second wall facing towards the first dissociative portion (see e.g. Shao et al.: Fig. 6 and Illustration 7, slot 141 is a notch or gap formed in metallic layer 12 and therefore has an analogous second wall); a third wall is connected between the first wall and the second wall; and along the first direction, a distance between the first wall and the second wall is D1 (see e.g. Shao et al.: Fig. 6 and Illustration 7, slot 141 is a notch or gap formed in metallic layer 12 and therefore has a certain width that reads on the third wall and has width D1).
Liang et al. in view of Shao et al.’s figures are not necessarily drawn to scale, and as such it is unclear if the lengths W1, W2, and D1 of Liang et al. in view of Shao et al. satisfy the relationship W2≥D1≥W2/20.
However, it has been held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (see MPEP § 2144.04). In the instant case, absent any evidence of the criticality of the claimed relative lengths of W1 and W2, designing the electrochemical apparatus of Liang et al. in view of Shao et al. such that the lengths W1, W2, and D1 satisfy the relationship W2≥D1≥W2/20 would fail to alter the performance of the electrochemical apparatus in a patentably distinct manner or produce any new or unexpected benefit. As such, one of ordinary skill in the art prior to the filing date of the claimed invention would have found it to be an obvious design choice to set the lengths W1, W2, and D1 of Liang et al. in view of Shao et al.’s electrochemical apparatus such that W2≥D1≥W2/20.
As to claim 18, Liang et al. in view of Shao et al. discloses the electrochemical apparatus according to claim 1, wherein, the first dissociative portion has a first wall facing towards the first section (see e.g. Shao et al.: Fig. 6 and Illustration 7 above, slot 141 is a notch or gap formed in metallic layer 12 and therefore has an analogous first wall); the first section has a second wall facing towards the first dissociative portion (see e.g. Shao et al.: Fig. 6 and Illustration 7, slot 141 is a notch or gap formed in metallic layer 12 and therefore has an analogous second wall); a third wall is connected between the first wall and the second wall (see e.g. Shao et al.: Fig. 6 and Illustration 7, slot 141 is a notch or gap formed in metallic layer 12 and therefore has a certain width that reads on the third wall and has width D1).
Liang et al. in view of Shao et al. is silent as to whether the third wall is a concave arc-shaped wall.
However, it has been held that, where the only difference between the prior art and the claims was a simple change in the shape or configuration of the prior art device and a device having the claimed configuration would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (see MPEP § 2144.04). In the instant case, absent any evidence of the criticality of the shape claimed concave arc-shaped third wall, designing the electrochemical apparatus of Liang et al. in view of Shao et al. such the that third wall has an arc shape would fail to alter the performance of the electrode assembly in a patentably distinct manner or produce any new or unexpected benefit. As such, one of ordinary skill in the art prior to the filing date of the claimed invention would have found it to be an obvious design choice to provide the third wall of Liang et al. in view of Shao et al.’s electrochemical apparatus with a concave arc-shaped wall.
As to claim 19, Liang et al. in view of Shao et al. teaches the electrochemical apparatus according to claim 18, wherein, along the first direction, the distance between the first wall and the second wall is D1. Liang et al. in view of Shao et al. as applied to claim 18 above further teaches a concave arc-shaped wall
Liang et al. in view of Shao et al. does not teach the diameter corresponding to the concave arc-shaped wall and does not teach that this diameter corresponding to the concave arc-shaped wall is T1 and D1≤T1≤5D1.
However, it has been held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device (see MPEP § 2144.04). In the instant case, absent any evidence of the criticality of the claimed relative lengths of D1 and T1, designing the electrochemical apparatus of Liang et al. in view of Shao et al. such that the lengths W1and T1 satisfy the relationship T1 and D1≤T1≤5D1 would fail to alter the performance of the electrode assembly in a patentably distinct manner or produce any new or unexpected benefit. As such, one of ordinary skill in the art prior to the filing date of the claimed invention would have found it to be an obvious design choice to set the lengths W1 and T1 of Liang et al. in view of Shao et al.’s electrochemical apparatus such that D1≤T1≤5D1.
As to claim 20, Liang et al. discloses a device main body (see e.g. electric vehicle, Liao: [0100] and Fig. 8) and an electrochemical apparatus (see e.g. lithium-ion battery 5, Liang et al.: [0077] and Fig. 2); the electrochemical apparatus being mounted to the device main body (see e.g. Liang et al.: [0100], lithium-ion battery 5 is the power source for the vehicle, and therefore is mounted to the electric vehicle); the electrochemical apparatus, comprising a housing (see e.g. housing 51, Liang et al.: [0077] and Fig. 2) and an electrode assembly (see e.g. electrode assembly 52, Liang et al.: [0077] and Fig. 2); at least a portion of the electrode assembly being provided in the housing (see e.g. Liang et al.: Fig. 2, electrode assembly 52 is provided within housing 51);
the electrode assembly comprising a first electrode tab (see e.g. first tab 524, Liang et al.: [0078] and Fig. 2), a first electrode plate (see e.g. first electrode plate 521, Liang et al.: [0078] and Fig. 2), a second electrode plate (see e.g. second electrode plate 522, Liang et al.: [0078] and Fig. 2) and a separator (see e.g. separator 523, Liang et al.: [0078] and Fig. 2);
the separator being located between the first electrode plate and the second electrode plate (see e.g. Liang et al.: Fig. 3, separator 523 is between electrode plates 521 and 522); the first electrode plate, the separator and the second electrode plate being stacked and wound (see e.g. Liang et al.: Fig. 3, separator 523 and electrode plates 521 and 522 are stacked and wound); the first electrode plate comprising a first current collector and a first active substance layer (see e.g. current collector 521a and active material layer 521b, Liang et al.: [0079]).
Liang et al. does not disclose an electrode assembly wherein the first current collector comprising: a first section, a surface of the first section is at least partially provided with the first active substance layer; a second section, a surface of the second section is at least partially provided with the first active substance layer; a third section, along a first direction, the third section is located between the first section and the second section; along a second direction, the third section comprising a first dissociative portion and a first connection portion connected sequentially; the first connection portion connecting the first section and the second section; along the first direction, the first dissociative portion comprises a first side facing the first section and a second side facing the second section, the first side is dissociated from the first section and the second side is dissociated from the second section; the first dissociative portion having a first empty foil area without the first active substance layer; one side of the first empty foil area in a third direction being connected to the first electrode tab; the third direction being a thickness direction of the first electrode plate; the first direction, the second direction, and the third direction being perpendicular to each other.
However, Shao et al. teaches an analogous electrode assembly comprising a first section, a surface of the first section is at least partially provided with the first active substance layer (see e.g. Shao et al.: Fig. 6 and Illustration 1);
a second section, a surface of the second section is at least partially provided with the first active substance layer (see e.g. Shao et al.: Fig. 6 and Illustration 1);
a third section, along a first direction, the third section is located between the first section and the second section (see e.g. Shao et al.: Fig. 6 and Illustration 1); along a second direction, the third section comprising a first dissociative portion and a first connection portion connected sequentially (see e.g. Shao et al.: Fig. 6 and Illustration 2);
the first connection portion connecting the first section and the second section (see e.g. Shao et al.: Fig. 6 and Illustration 1);
along the first direction, the first dissociative portion comprises a first side facing the first section and a second side facing the second section (see e.g. Shao et al.: Fig. 6 and Illustration 2), the first side is dissociated from the first section and the second side is dissociated from the second section (see e.g. Shao et al.: [0048], Fig. 6, and Illustration 2, the slots 141 can reasonably be said to at least partially dissociate the first side from the first section and the second side from the second section in a manner that is analogous to the configuration shown in Fig. 2 of the Instant Specification);
the first dissociative portion having a first empty foil area without the first active substance layer (see e.g. blank area 14, Shao et al.: [0047] and Fig. 6);
one side of the first empty foil area in a third direction being connected to the first electrode tab (see e.g. Shao et al.: Fig. 6 and [0035], electrode tab 30 is connected to the blank area 14 of metallic layer 12, the z-axis going out of the plane of the figure reads on the third direction);
the third direction being a thickness direction of the first electrode plate;
the first direction, the second direction, and the third direction being perpendicular to each other (see e.g. Figs. 5-6, the x, y, and z axes read on the first, second, and third directions, respectively).
Shao et al. further teaches that the electrode assembly described above prevents the electrode tab from having a high resistance and facilitates stress release during cold pressing (see e.g. Shao et al.: [0004], [0023]).
It would therefore have been obvious to one of ordinary skill in the art prior to the filing date of the claimed invention to modify the electrochemical apparatus of Liang et al. by replacing Liang et al.’s electrode assembly with the electrode assembly taught by Shao et al., wherein the first current collector comprising: a first section, a surface of the first section is at least partially provided with the first active substance layer; a second section, a surface of the second section is at least partially provided with the first active substance layer; a third section, along a first direction, the third section is located between the first section and the second section; along a second direction, the third section comprising a first dissociative portion and a first connection portion connected sequentially; the first connection portion connecting the first section and the second section; along the first direction, the first dissociative portion comprises a first side facing the first section and a second side facing the second section, the first side is dissociated from the first section and the second side is dissociated from the second section; the first dissociative portion having a first empty foil area without the first active substance layer; one side of the first empty foil area in a third direction being connected to the first electrode tab; the third direction being a thickness direction of the first electrode plate; the first direction, the second direction, and the third direction being perpendicular to each other. Said artisan would have been motivated to make such an addition in order to prevent the electrode tab from having a high resistance and facilitates stress release during cold pressing, as taught by Shao et al..
Conclusion
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/A.M.H./Examiner, Art Unit 1723
/CHRISTIAN ROLDAN/Primary Examiner, Art Unit 1723
07/23/2026
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