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
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)(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 1-13 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Otsuka et al. (US 2020/0313123 A1) (cited in IDS dated 09/30/2025).
Regarding claim 1, Otsuka discloses an electrode assembly (battery element 12, fig. 1A, [0034-0058]) comprising:
a positive electrode (positive electrode pate 16, [0034] and fig. 1A) including a positive electrode tab (positive electrode terminal 15, fig. 2A and [0092]) protruding from one outer end of the positive electrode (16, see fig. 2A) and a positive electrode active material ([0038-0040]) applied to a positive electrode current collector (14, fig. 2A and [0092]);
a negative electrode (negative electrode plate 20, [0034] and fig. 1A) including a negative electrode tab (23) protruding from one outer end of the negative electrode (20), an extension portion (E, see fig. 1A/1B), and a negative electrode active material (e.g. graphite, [0092]) is applied to a negative electrode current collector (22, fig. 2A and [0092]); and
a separator (18, [0034] and fig. 1A) located between the positive electrode (16) and the negative electrode (20) and including a bent portion (see fig. 1A/1B),
wherein the extension portion is formed at an edge of the negative electrode (20) so as to extend from the negative electrode (20) by a predetermined length, and
wherein the bent portion is formed at an edge of the separator (18) (see fig. 1A/1B), the bent portion being bent by a predetermined angle so as to overlie a part of a side surface of the positive electrode (16) (see fig. 1A/1B).
Regarding claim 2, Otsuka further discloses that the extension portion (E) extends in a direction toward the positive electrode (18) (see fig. 1A or 1B).
Regarding claim 3, Otsuka further discloses that the extension portion (E) is formed at each one of opposite side edges of the negative electrode (20) (see fig. 1A that shows extension portion is formed on both sides).
Regarding claim 4, Otsuka further discloses that the extension portion (E) is formed at
each one of a front edge and a rear edge of the negative electrode (20) (see fig. 1A).
Regarding claim 5, Otsuka further discloses that the extension portion (E) is formed at
each one of opposite side edges, a front edge, and a rear edge of the negative electrode (20) (see fig. 1A).
Regarding claim 6, Otsuka further discloses that the extension portion (E) is formed at a part of the edge of the negative electrode (20) (see fig. 1A).
Regarding claim 7, Otsuka further discloses that the extension portion (E) includes a lower end having an uneven shape (see fig. 2A that shows negative electrode 20 has raised portion, which reads on uneven shape, adjacent to the negative electrode terminal 23).
Regarding claim 8, Otsuka further discloses that the extension portion (E) includes a lower end having a wavy shape (see fig. 2A that shows negative electrode 20 has wavy portion adjacent to the negative electrode terminal 23).
Regarding claim 9, Otsuka discloses a battery cell (battery assembly 12, fig. 1A) comprising the electrode assembly according to claim 1 (see rejection of claim 1).
Regarding claim 10, Otsuka discloses a battery module (10) having the battery cell (12) according to claim 9 received therein (see fig. 1A and rejection of claim 9).
Regarding claim 11, Otsuka further discloses the positive electrode (16) includes upper and lower surfaces (top and bottom surfaces see fig. 1A), the side surface of the positive electrode (16) extending from the upper surface of the positive electrode (16) to the lower surface of the positive electrode (16) (see fig. 1A), the negative electrode (20) includes upper and lower surfaces (top and bottom surfaces) and a side surface extending from the upper surface of the negative electrode (20) to the lower surface of the negative electrode (20), and the upper surface of the positive electrode (16) faces towards the lower surface of the negative electrode (20).
Regarding claim 12, Otsuka further discloses the bent portion wraps around the side surface of the positive electrode (16) and the upper surface of the positive electrode (16) (see fig. 1A/1B).
Regarding claim 12, Otsuka further discloses the bent portion further wraps around another side surface of the positive electrode opposite the side surface of the positive electrode (see fig. 1A that shows the bent portion of the separator wraps both side surfaces of positive electrode 16).
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.
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.
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Otsuka as applied above.
Regarding claim 7, Otsuka further discloses that the extension portion (E) includes a lower end having an uneven shape (see fig. 2A that shows negative electrode 20 has raised portion, which reads on uneven shape, adjacent to the negative electrode terminal 23).
Alternatively, the configuration of the claimed shape of the lower end was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed shape of the lower end was significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). MPEP §2144.04 IVB.
Regarding claim 8, Otsuka further discloses that the extension portion (E) includes a lower end having a wavy shape (see fig. 2A that shows negative electrode 20 has wavy portion adjacent to the negative electrode terminal 23).
Alternatively, the configuration of the claimed shape of the lower end was a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed shape of the lower end was significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966). MPEP §2144.04 IVB.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GOLAM MOWLA whose telephone number is (571)270-5268. The examiner can normally be reached M-Th, 7am - 4pm.
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/GOLAM MOWLA/ Primary Examiner, Art Unit 1721
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