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 .
Claims 1-10 are pending in the application
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites the limitation “the preset threshold is inversely related to thickness of the tab portion in a third direction” which should be corrected to “the preset threshold is inversely related to a thickness of the tab portion in a third direction.
Appropriate correction is required.
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.
Claims 1-10 are 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 1 recites the limitation “wherein the preset threshold is inversely related to thickness of the tab portion in a third direction” in lines 9-10 which renders the claim vague and indefinite. It is unclear the present threshold and thickness of the tab portion are “inversely related”, whether that mean that the preset threshold increases as the thickness of the tab portion decreases, or if the preset threshold is larger than the thickness of the tab portion, or a different meaning altogether.
Claim 2 recites the limitation “wherein H2 indicates thickness of an adapter piece at a minimum current flow width thereof, the adapter piece being connected to the conductive structure” in lines 3-4 which renders the claim vague and indefinite. It is unclear if “an adapter piece” is a required component of the electrode plate, as it is not being explicitly, positively claimed, or if it is an optional component of the electrode plate.
Claim 2 recites the limitation “thickness of an adapter piece at a a minimum current flow width thereof” in lines 3-4 which renders the claim vague and indefinite. It is unclear what “a minimum current flow width” is in reference to, whether that be the width of the adapter piece at which the adapter piece contacts the tab portion, or an arbitrary smallest width of the adapter piece, or a separate meaning altogether.
Claim 2 recites the limitation “L2 indicates total width of connection surfaces between the conductive structure and the adapter piece” in lines 4-5 which renders the claim vague and indefinite. It is unclear if “a total width of connection surfaces” means that L2 is the width of the adapter piece and each conductive structure connected to the adapter (for example, if the width of the adapter is 10 mm, the width of the tab portion is 5, and 10 tab portions are connected to an adapter, L2 would be 10 + 10*5 = 60 mm), or if L2 is the total width of the adapter and a single tab portion (which, as in the previously stated example, would be 10 + 5 = 15 mm), or if L2 is the total width of the tab portions and the adapter at the connection surfaces widest point in the second direction (which, since in the previously stated example the adapter is the widest component in the second direction, L2 would be 10 mm), or a separate meaning altogether.
Claim 8 recites the limitation “the electrode assembly” in line 2 which renders the claim vague and indefinite. There is a lack of antecedent basis for this limitation. It is unclear what electrode assembly is being referred to as none has been positively claimed.
Claims 2-10 are further rejected as being dependent upon a rejected claim.
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.
Claims 1, 4-8, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Bai (Chinese Patent Application Publication No. 114566768). For prior art discussion see English translations for CN-114566768-A.
Regarding claim 1, Bai teaches an electrode plate (electrode, [0005]) characterized by comprising a current collector ([0005]), wherein the current collector comprises an insulation layer ([0014] and fig. 2 ref. #40) and a conductive layer disposed on an outer surface of the insulation layer ([0045] and fig. 1 ref. #21). The conductive layer comprises a body portion and a tab portion arranged along a first direction (figs. 1 and 2, see below) and a conductive structure (tab, [0046], and figs 1 and 2 ref. #10), wherein the conductive structure is welded to the tab portion to form a welded zone (solder area, [0042], [0046], and figs. 1 and 2 ref. #1111’).
The conductive structure extends in a direction leaving the body portion (figs. 1 and 2, ref. #12, see below, the first direction being the X direction), and in a second direction, a size L1 of an end of the welded zone near the body portion (L2 of Bak, [0035], the second direction being the Y direction) is greater than a preset threshold, wherein the preset threshold is inversely related to thickness of the tab portion in a third direction (as no preset threshold has been defined, and L2 of Bak is greater than or equal to 1 mm and less than or equal to 500 mm, [0038], the threshold may be set as below 1 mm, which may be inversely related to the thickness of the tab portion).
The second direction is perpendicular to the first direction and parallel to the tab portion, wherein the third direction is perpendicular to the first direction and the second direction (the third direction being the Z direction in figs. 1 and 2).
PNG
media_image1.png
312
722
media_image1.png
Greyscale
PNG
media_image2.png
745
758
media_image2.png
Greyscale
Regarding claim 4, Bai further teaches the tab portion comprises a first tab portion and a second tab portion, wherein in the first direction, the first tab portion is disposed between the body portion and the second tab portion, and in the second direction, a size of the first tab portion is greater than a size of the second tab portion (fig. 2, see below. As the welded zone 111’ decreases in size, the tab portion will also decrease in size, as the welded zone exists where the conductive structure and the tab portion are welded together, [0042]).
PNG
media_image3.png
745
758
media_image3.png
Greyscale
Regarding claim 5, Bai further teaches the welded zone comprises a first welded zone and a second welded zone, wherein the first welded zone is located at the first tab portion, the second welded zone is located at the second tab portion, and in the second direction, a size of the first welded zone is greater than a size of the second welded zone (fig. 2, see above).
Regarding claims 6 and 7, Bai further teaches a protective layer is provided on a portion of an outer surface of the tab portion, wherein in the first direction, the protective layer is disposed between the conductive structure and an active substance layer on an outer surface of the body portion ([0048], and fig. 1, tab portion and insulation layer, see above). The protective layer is made of an insulation material ([0048]).
Regarding claim 8, Bai further teaches a battery cell (electrochemical device) including an electrode assembly characterized by comprising the electrode plate according to claim 1 ([0056]), and a housing configured to accommodate the electrode assembly ([0056]).
Regarding claim 10, Bai further teaches an electric device (electronic device), characterized by including the battery with the battery cell according to claim 8, wherein the battery is configured to supply electrical energy ([0060]).
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.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Bai (Chinese Patent Application Publication No. 114566768) in view of Zhou (US Patent Application Publication No. 2019/0393511) and Shimamura (US Patent Application Publication No. 2003/0193317). For prior art discussion see English translations for CN-114566768-A.
Bai is relied upon as described above.
Bai further teaches an adapter piece (positive or negative electrode tab) being connected to the conductive structure ([0058]). Bai further teaches a size L1 of an end of the welded zone near the body portion (L2 of Bai, fig. 2) is 1 mm ≤ L1 ≤ 500 mm ([0015]), and a size of L2 indicating a total width of connection surfaces between the conductive structure and the adapter piece at the minimum current flow width in a width direction of the adapter piece (L1 of Bai, fig. 2) is 1 mm ≤ L2 ≤ 500 mm ([0015]). Bai also teaches a value C, which indicates the number of conductive structures connected to one adapter piece, can be 1 or greater ([0046], there may be more than 1 tab in optional embodiments).
Bai does not explicitly teach a value H1 that indicates the thickness of the tab portion in the third direction
Zhou teaches a secondary battery and electrode plate thereof (title). Zhou further teaches the electrode plate includes a conductive structure (and fig. 8 ref. #112) with a tab portion (protrusion portion, fig. 8 ref. #1122) ([0036]). The thickness of the tab portion in the third direction is 0.1 µm to 10 µm, which allows for burrs formed on the conductive layer during the cutting process being too small to pierce the separator, preventing short circuits and improving safety performance ([0053]).
It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to use an H1 value within the range taught by Zhou in the electrode plate of Bai. One of ordinary skill in the art would have been motivated to use this size for the improved safety performance.
Modified Bai does not explicitly teach a value H2 which indicates a thickness of an adapter piece at a minimum current flow width thereof.
Shimamura teaches an electrode for a lithium battery and a lithium battery including the same ([0033]). Shimamura further teaches the plate is attached to an adapter (electrode terminal lead, [0051] and fig. 4A ref. #8). A value H2 which indicates a thickness of an adapter piece at a minimum current flow width is 50 µm to 500 µm, which allows for favorable sealing of the battery ([0060]).
It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to use the H2 values, as taught by Shimamura, in the battery cell of modified Bai. One of ordinary skill in the art would have been motivated to use these sizes for the favorable battery sealing.
With the above included modifications to Bai, a list of values now include: 1 mm ≤ L1 ≤ 500 mm, 1 mm ≤ L2 ≤ 500 mm, 0.1 µm ≤ H1 ≤ 10 µm, 50 µm ≤ H2 ≤ 500 µm, and C ≥ 1. The recited equation for the preset threshold in claim 2 is:
L
2
*
H
2
H
1
*
C
*
A
A is an arbitrary constant, with 1 ≤ A ≤ 2. With the above-mentioned values of modified Bai, the minimum value for the preset threshold is:
1
m
m
*
50
µ
m
10
µ
m
*
1
*
1
=
5
m
m
The range of L1 of modified Bai is 1 mm ≤ L1 ≤ 500 mm, therefore part of this range is above the preset threshold of claim 2. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05)
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Bai (Chinese Patent Application Publication No. 114566768) in view of Nakayama (US Patent Application Publication No. 2015/0118546). For prior art discussion see English translations for CN-114566768-A.
Bai is relied upon as described above.
Bai does not explicitly teach that the housing has an opening, wherein the battery cell further comprises an end cover, and the end cover is configured to close the opening.
Nakayama teaches a battery and a method for preparing the battery (title). Nakayama further teaches the housing has an opening (open end, [0006]) and an end cover (lid member), in which the end cover is configured to close the opening ([0006]). The inclusion of the opening in the housing and the end cover allows for the electrode to be inserted into the housing, followed by sealing the battery housing with the end cover ([0034]). This allows for the internal components of the battery to be hermetically sealed from external environment ([0006]), in turn increasing safety by preventing contamination.
It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to include the opening and end cover of Nakayama in the battery cell of Bai. One of ordinary skill in the art would have been motivated to include these structures for the increased battery safety.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Myles Alan Lovasz whose telephone number is (571)272-0214. The examiner can normally be reached Monday-Friday 7:30 am - 5:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Alicia Chevalier can be reached at (571) 272-1490. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/MAL/
Myles Alan LovaszExaminer, Art Unit 1788 09/11/2026
/ALEXANDRE F FERRE/Primary Examiner, Art Unit 1788
Prosecution Insights