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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on February 2, 2024 and May 28, 2025 has been considered by the examiner.
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, 8-10 and 12-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Foreign Patent KR 2015-0015253 (IDS dated 02/12/2024), hereinafter Moon.
Regarding claim 1, Moon teaches an electrode assembly (Fig 2: 10) comprising:
a cathode (Fig 2: 13); a first separator (Fig 2: 122) located on one surface of the cathode (122 is located on the surface of 13) an anode (Fig 2: 11); and a second separator (Fig 2: 121) located on one surface of the anode (121 is located on the surface of 11),
wherein the cathode (13), the first separator (122), the anode (11), and the second separator (121) are wound together to form a jelly-roll structure (‘electrode assembly 10 is formed by winding 1, 13, 121, and 122 in a jelly roll state’ (Moon translation, pg 3, paragraph 9)), and
wherein, based on a radial direction of the jelly-roll structure (Fig 2: wound 10), a region in which the first and second separators (122, 121) are overlapped in two or more layers exists between an edge part of the cathode (13) and an edge part of the anode (11) (three layers depicted in annotated figure below).
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Regarding claim 2, Moon teaches the electrode assembly (10) of claim 1, wherein, based on the radial direction of the jelly-roll structure (Fig 2: wound 10), the first and second separators (122, 121) are overlapped in three layers in the region three layers depicted in annotated figure below).
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Regarding claim 8, Moon teaches the electrode assembly (10) of claim 1, wherein, based on the radial direction of the jelly-roll structure (Fig 2: wound 10), in the region located between the edge part of the cathode (13) and the edge part of the anode (11), the two or more layers includes two layers of the first separator (sections 1 and 2 in annotated figure below each include 2 layers of 122) and a single layer of the second separator (sections 1 and 2 in annotated figure below each include 1 layer of 121).
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Regarding claim 9, Moon teaches the electrode assembly (10) of claim 1, wherein the first separator (122) includes a first folding part folded (Fig 3 and 4: 122 folded into RW section) in a winding direction, and the first folding part is overlapped with other parts of the first separator to be wound together (Fig 4 and 5: shows folded part being overlapped and wound); and
Wherein the second separator (121) includes a second folding part folded (Fig 3 and 4: 121 folded into RW section) in a winding direction, and the second folding part is overlapped with other parts of the second separator to be wound together (Fig 4 and 5: shows folded part being overlapped and wound). Moreover, Examiner notes that the scope of folding includes each turn of the separators in the wound assembly.
Regarding claim 10, Moon teaches the electrode assembly (10) of claim 9, wherein, based on the radial direction of the jelly-roll structure (wound 10), the first and second separators (122, 121) are overlapped in three layers between the edge part of the cathode (13) and the edge part of the anode (11) in the region, and two layers of the three layers overlapped between the edge part of the cathode (13) and the edge part of the anode (11) are the first folding part and the second folding part (sections 2 and 3 of annotated figure below include portions of each separator that are overlapped and folded in order to continue winding the assembly). Moreover, Examiner notes that the scope of folding includes each turn of the separators in the wound assembly.
Regarding claim 12, Moon teaches the electrode assembly (10) of claim 1, wherein the jelly-roll structure (Fig 2: wound 10) has a wound shape in which the anode (11), the second separator (121), the cathode (13), and the first separator (122) are sequentially arranged (Fig 2: sequential order is 11, 121, 13, and 122).
Regarding claim 13, Moon teaches the electrode assembly (10) of claim 12, wherein, based on the radial direction of the jelly-roll structure (Fig 2: wound 10), the region where the first and second separators (122, 121) are overlapped in two or more layers is located outside the edge part of the cathode (depicted in annotated figure below).
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Regarding claim 14, Moon teaches the electrode assembly (10) of claim 1, wherein the jelly-roll structure (Fig 2: wound 10) is a wound shape in which the first separator (122), the cathode (13), the second separator (121), and the anode (11) are sequentially arranged (Fig 2: sequential order is 122, 13, 121, and 11).
Regarding claim 15, Moon teaches the electrode assembly (10) of claim 14, wherein, based on the radial direction of the jelly-roll structure (Fig 2: wound 10), the region where the first and second separators (122, 121) are overlapped in two or more layers is located outside the edge part of the cathode (depicted in annotated figure below).
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Regarding claim 16, Moon teaches a secondary battery (Fig 1: secondary battery that includes electrode assembly 10 (Moon translation, pg 3, paragraph 8)) comprising the electrode assembly of claim 1 (10).
Claims 1 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Foreign Patent KR 2015-0015253 (IDS dated 02/12/2024), hereinafter Moon.
Regarding claim 1, Moon teaches an electrode assembly (Fig 2: 10) comprising:
a cathode (Fig 2: 13); a first separator (Fig 2: 122) located on one surface of the cathode (122 is located on the surface of 13) an anode (Fig 2: 11); and a second separator (Fig 2: 121) located on one surface of the anode (121 is located on the surface of 11),
wherein the cathode (13), the first separator (122), the anode (11), and the second separator (121) are wound together to form a jelly-roll structure (‘electrode assembly 10 is formed by winding 1, 13, 121, and 122 in a jelly roll state’ (Moon translation, pg 3, paragraph 9)), and
wherein, based on a radial direction of the jelly-roll structure (Fig 2: wound 10), a region in which the first and second separators (122, 121) are overlapped in two or more layers exists between an edge part of the cathode (13) and an edge part of the anode (11) (two layers depicted in annotated figure below).
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Regarding claim 11, Moon teaches the electrode assembly (10) of claim 1, wherein, in the jelly-roll structure (wound 10), the edge part of the anode (11) is located closer to a core of the jelly-roll structure than the edge part of the cathode (13) is located to the core of the jell-roll structure (edge of anode 11 in annotated figure above is closer to center of assembly than edge of cathode 13).
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.
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.
Claims 3-7 are rejected under 35 U.S.C. 103 as being unpatentable over Foreign Patent KR 2015-0015253 (IDS dated 02/12/2024), hereinafter Moon as applied to claim 1 above, and further in view of U.S. Pre-Grant Publication No. 2013/0230749 (IDS dated 05/28/2025), hereinafter Kim.
Regarding claim 3-7, Moon teaches, as mentioned above, an electrode assembly comprising a cathode, an anode, and two separators that are wound together to form a jelly-roll structure.
However, Moon fails to teach a first tape located between the first separator and cathode, and a second tape located between the second separator and the anode (instant claim 3); spacing from the respective separator end (instant claim 4); which face of the separators the tape is placed (instant claims 5-6) of wherein both tapes are made of an electrically insulating material (instant claim 7).
Kim teaches a jelly-roll type electrode assembly [0063] that comprises of a first separator, a first electrode, a second separator, and a second electrode [0059]. The first and second electrodes have a first and second tape provided on their respective uncoated portions. These tapes include an adhesive layer on both surfaces [0060] and are made of a polyethylene terephthalate resin that is advantageous in terms of heat resistance and insulation [0052] (reads on instant claim 7). The position of the electrode on the electrode tape is not particularly limited [0053] wherein one would appreciate that the double sided tape will also be located on the separator.
Therefore, it would have been obvious to the ordinarily skilled artist before the effective filling date of the claimed invention to have used the tape of Kim on the surface of the electrodes and separators in any desired location in the electrode assembly of Moon in order to prevent direct contact between the uncoated portions of the electrodes during heating and due to its good heat resistance and insulation properties [0029]. Barring the evidence of criticality and unexpected results one of ordinary skill in the art would appreciate that the rearrangement of tape in the manner required by instant claims 3-6 would provide a reasonable expectation of similar results (i.e. prevent shorting; prevent overheating; provide insulation; hold the assembly in place) (MPEP 2144.04.VI.C).
Conclusion
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/M.K.H./Examiner, Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724