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 .
Election/Restrictions
Applicant’s election of Group I (claims 1-15) in the reply filed on 09/02/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 16-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 09/02/2026.
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: "88" representing the plurality of apertures. 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.
Claims 1-2, 4-6, 8, and 10-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (KR 20150054202 with English Machine Translation).
Regarding claim 1, Kim discloses a battery assembly (10), comprising: a case (20) containing an electrode structure (30) of a battery (see Figs. 1 and 2; [0043]; [0046]); a tab (50) that electrically couples the electrode structure (30) to a device outside of the case (20) (see Figs. 1 and 2; [0011]; [0035]-[0036]; [0042]-[0043]; [0046]), the tab (50) extending from an interior of the case (20) to an outside of the case (20) (see Figs. 1 and 2; [0042]-[0043]; [0046]), the tab (50) including a frangible area (70) (see Figs. 1 and 2; [0042]-[0046]); and a tab film (60) covering at least the frangible area (70) of the tab (50) (see Figs. 1 and 2; [0042]-[0046]).
Regarding claim 2, Kim discloses all of the limitations as set forth above for claim 1. Kim further discloses that the frangible area (70) includes a plurality of apertures (72) that extend through a thickness of the tab (50) (see Fig. 4; [0043]; [0046]; [0051]).
Regarding claim 4, Kim discloses all of the limitations as set forth above for claim 1. Kim further discloses that the electrode structure (30) is sealed within the case (20) (see Fig. 2; [0042]-[0046]).
Regarding claim 5, Kim discloses all of the limitations as set forth above for claim 1. Kim further discloses that the frangible area (70) provides a fuse ([0042]-[0046]).
Regarding claim 6, Kim discloses all of the limitations as set forth above for claim 1. Kim further discloses that the frangible area (70) is completely covered by the tab film (60) (see Fig. 2; [0042]-[0046]).
Regarding claim 8, Kim discloses all of the limitations as set forth above for claim 1. Kim further discloses that the frangible area (70) is sandwiched between the tab film (60) (see Fig. 1; [0042]-[0046]).
Regarding claim 10, Kim discloses all of the limitations as set forth above for claim 1. Kim further discloses that the frangible area (70) comprises an array of apertures (72) extending through the tab (see Fig. 4; [0043]; [0046]; [0051]).
Regarding claims 11 and 12, Kim discloses all of the limitations as set forth above for claim 1. Kim further discloses that the frangible area (70) is configured to rupture (melt) and interrupt a flow of current through the tab (50) in response to a current above a threshold current (overcurrent) ([0010]-[0011]; [0013]-[0014]; [0019]-[0020]; [0037]; [0060]).
Regarding claim 13, Kim discloses all of the limitations as set forth above for claim 1. Kim further discloses that the frangible area (70) can comprise at least one slot (73) opening to a side of the tab (50) (see Fig. 7; [0054]).
Regarding claim 14, Kim discloses all of the limitations as set forth above for claim 1. Kim further discloses that the tab (50) can be a positive tab ([0013]).
Regarding claim 15, Kim discloses all of the limitations as set forth above for claim 1. Kim further discloses that the battery (10) is a pouch-style battery ([0042]-[0044]).
Claims 1-4, 6-10, and 13-15 are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Shimamura et al. (US 2004/0043289) (Shimamura).
Regarding claim 1, Shimamura discloses a battery assembly (10), comprising: a case (50+51) containing an electrode structure (20+30+40) of a battery (see Figs. 1A and 1B; [0034]); a tab (22) that electrically couples the electrode structure (20+30+40) to a device (150) outside the case (50+51) (see Figs. 1A, 1B, and 7B; [0034]; [0055]), the tab (22) extending from an interior of the case (50+51) to an outside of the case (50+51) (see Figs. 1A and 1B; [0034]), the tab (22) including a frangible area (24) (see Figs. 3A, 3B, 5A, and 5B; [0034]; [0044]); and a tab film (60) covering at least the frangible area (24) of the tab (22) (see Figs. 5A and 5B; [0049]).
Regarding claim 2, Shimamura discloses all of the limitations as set forth above for claim 1. Shimamura further discloses that the frangible area (24) includes a plurality of apertures (24) that extend through a thickness of the tab (22) (see Figs. 3A, 3B, 5A, and 5B; [0034]; [0044]).
Regarding claim 3, Shimamura discloses all of the limitations as set forth above for claim 2. Examiner notes that the claimed “diamond-shaped profile” is considered to be a rhombus shape, based on Figs. 10A and 10B and paragraph [0059] of the instant application. Thus, since Shimamura discloses that the plurality of apertures (24) can be square-shaped ([0046]), which is a type of rhombus, it is clear that Shimamura anticipates the claimed diamond-shaped profile.
Regarding claim 4, Shimamura discloses all of the limitations as set forth above for claim 1. Shimamura further discloses that the electrode structure (20+30+40) is sealed within the case (50+51) (see Figs. 1A and 1B; [0034]-[0035]).
Regarding claim 6, Shimamura discloses all of the limitations as set forth above for claim 1. Shimamura further discloses that the frangible area (24) is completely covered by the tab film (60) (see Figs. 5A and 5B; [0049]).
Regarding claim 7, Shimamura discloses all of the limitations as set forth above for claim 1. Shimamura further discloses that the tab film (60) is composed of polypropylene ([0050]).
Regarding claim 8, Shimamura discloses all of the limitations as set forth above for claim 1. Shimamura further discloses that the frangible area (24) is sandwiched by the tab film (60) (see Fig. 5B; [0049]).
Regarding claim 9, Shimamura discloses all of the limitations as set forth above for claim 1. Shimamura further discloses that the device (150) outside the case (50+51) is a busbar of a traction battery pack (100) (see Figs. 7A-7C; [0055]).
Regarding claim 10, Shimamura discloses all of the limitations as set forth above for claim 1. Shimamura further discloses that the frangible area (24) comprises an array of apertures (24) extending through the tab (22) (see Figs. 3A, 3B, 5A, and 5B; [0034]; [0044]).
Regarding claim 13, Shimamura discloses all of the limitations as set forth above for claim 1. Shimamura further discloses that the frangible area (24) can comprise at least one slot opening to a side of the tab (22) (see Modified Figure 4A below; [0044]-[0045]).
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Modified Figure 4A, Shimamura
Regarding claim 14, Shimamura discloses all of the limitations as set forth above for claim 1. Shimamura further discloses that the tab (22) is a positive tab ([0034]).
Regarding claim 15, Shimamura discloses all of the limitations as set forth above for claim 1. Shimamura further discloses that the battery (10) is a pouch-style battery (see Figs. 1A, 2A, and 2B; abstract; [0034]-[0035]).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20150054202 with English Machine Translation).
Regarding claim 3, Kim discloses all of the limitations as set forth above for claim 2. Examiner notes that the claimed “diamond-shaped profile” is considered to be a rhombus shape, based on Figs. 10A and 10B and paragraph [0059] of the instant application. While Kim does not explicitly disclose that the plurality of apertures (72) can have a rhombus shape, Kim is clear that the shape of the plurality of apertures (72) is not particularly limited and may be any polygonal shape ([0022]; [0052]), which would encompass the claimed rhombus/diamond shape. Therefore, absent any showing of unexpected results of the claimed rhombus/diamond shape, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have configured the plurality of apertures disclosed by Kim to have rhombus/diamond-shaped profiles based on routine experimentation of Kim’s encompassing disclosure.
Claims 7 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20150054202 with English Machine Translation) in view of Shimamura et al. (US 2004/0043289) (Shimamura).
Regarding claim 7, Kim discloses all of the limitations as set forth above for claim 1. Kim fails to explicitly disclose, however, a material composition for the tab film (60).
However, similar tab films with the claimed composition are known in the art. For instance, Shimamura teaches a similar battery assembly (10), comprising: a case (50+51) containing an electrode structure (20+30+40) of a battery (see Figs. 1A and 1B; [0034]); a tab (22) that electrically couples the electrode structure (20+30+40) to a device (150) outside the case (50+51) (see Figs. 1A, 1B, and 7B; [0034]; [0055]), the tab (22) extending from an interior of the case (50+51) to an outside of the case (50+51) (see Figs. 1A and 1B; [0034]), the tab (22) including a frangible area (24) (see Figs. 3A, 3B, 5A, and 5B; [0034]; [0044]); and a tab film (60) covering at least the frangible area (24) of the tab (22) (see Figs. 5A and 5B; [0049]), wherein the tab film (60) is composed of polypropylene ([0050]). Shimamura further teaches that configuring the tab film in this way enhances the sealing capability of the tab film (60) ([0050]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have configured the tab film disclosed by Kim to be composed of polypropylene, as taught by Shimamura, because they would have had a reasonable expectation that doing so would enhance the sealing capability of the tab film.
Regarding claim 9, Kim discloses all of the limitations as set forth above for claim 1. Kim further discloses that the battery assembly (10) can be used within electric vehicles ([0036]). However, Kim fails to explicitly disclose that the device outside the case (20) to which the tab (50) is connected is a busbar of a traction battery pack.
However, in using similar batteries within electric vehicles, it is known in the art to connect the batteries using busbars. For instance, Shimamura teaches a similar battery assembly (10), comprising: a case (50+51) containing an electrode structure (20+30+40) of a battery (see Figs. 1A and 1B; [0034]); a tab (22) that electrically couples the electrode structure (20+30+40) to a device (150) outside the case (50+51) (see Figs. 1A, 1B, and 7B; [0034]; [0055]), the tab (22) extending from an interior of the case (50+51) to an outside of the case (50+51) (see Figs. 1A and 1B; [0034]), the tab (22) including a frangible area (24) (see Figs. 3A, 3B, 5A, and 5B; [0034]; [0044]); and a tab film (60) covering at least the frangible area (24) of the tab (22) (see Figs. 5A and 5B; [0049]), wherein the device (150) outside the case (50+51) is a busbar of a traction battery pack (100) (see Figs. 7A-7C; [0055]). Shimamura further teaches that using the busbar (150) allows multiple battery assemblies (10) to be connected to each other within the battery pack (100), which creates a total voltage suitable for use in an electric vehicle ([0055]-[0056]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have connected the tab of the battery assembly disclosed by Kim to a busbar of a traction battery pack, as taught by Shimamura, because they would have had a reasonable expectation that doing so would allow for an appropriate voltage to be reached for use in an electric vehicle.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDON C DARBY whose telephone number is (571)272-1225. The examiner can normally be reached Monday - Friday: 7:30am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Katelyn Smith can be reached at (571) 270-5545. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRENDON CHARLES DARBY/Examiner, Art Unit 1749
