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 1-7, 12-15 are pending in the application. Claims 8-11 were cancelled in the preliminary amendment filed March 08, 2024.
Amendments to claims, filed on March 08, 2024, have been entered in the above-identified application.
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. KR10-2022-0113970, filed on September 8, 2022.
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 6, 7 and 13 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 6 recites the limitation “wherein the auxiliary terminal is provided at an inner surface thereof with a wedge-shaped protrusion” is unclear and renders the claims vague and indefinite. It is unclear which inner surface the applicant refers to. Would this be the inner surface of the auxiliary terminal or the inner surface of the pouch case or the inner surface wherein the auxiliary terminal contacts with the pouch case.
Claim 13 recites the limitation “wherein the measurement member is provided in two” is unclear because it does not specify what is present in two. Would it be two separate measurement members, or a single measurement member having two portions or two channels, or another arrangement. Accordingly, the metes and bounds of the claim cannot be reasonably determined.
Claim 7 is 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, 2, 5, 12, 14, 15 are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Nagata, (US PG Pub. 20130236773 A1), as evidence by Nisshin EM Co., Ltd.
Regarding claim 1, Nagata discloses a pouch-shaped battery cell (para. [0034], bag-shaped battery) comprising a pouch case (para. [0031], bag-shaped outer casing body) constituted by a lower case and an upper case (see Nagata’s Fig. 6 with annotations below);
PNG
media_image1.png
741
1262
media_image1.png
Greyscale
Nagata’s Fig. 6 with annotations
Nagata discloses an electrode assembly located in the pouch case (para [0030], inserted into the inside of the battery outer casing body), the electrode assembly comprising a positive electrode (para [0030]), a negative electrode (para [0030]), and a separator (para [0030]), the electrode assembly having a pair of electrode tabs (para. [0033], tab lead) formed at one side (see Nagata’s Fig. 3 with annotations).
PNG
media_image2.png
632
1312
media_image2.png
Greyscale
Nagata’s Fig. 3 with annotations
Nagata discloses a pair of electrode leads (para. [0093], tab lead) connected to the pair of electrode tabs (para. [0093], tab lead), the pair of electrode leads protruding outwards from the pouch (para. [0033], tab lead protrudes to the outside of a battery and see Nagata’s Fig. 3 with annotations).
Nagata discloses the lower case (see Nagata’s Fig. 6 with annotations) including a first inner resin layer (para. ([0031], inner layer 8 which includes a thermoplastic resin film), a first metal layer (para. ([0031], a metal foil layer 10), and a first outer resin layer (para. ([0031], an outer layer 11 which includes a heat-resistant resin film) that are sequentially stacked (see Nagata’s Fig. 6 with annotations).
Nagata discloses the upper case (see Nagata’s Fig. 6 with annotations) including a second inner resin layer (para. ([0031], inner layer 8 which includes a thermoplastic resin film), a second metal layer (para. ([0031], a metal foil layer 10), and a second outer resin layer (para. ([0031], an outer layer 11 which includes a heat-resistant resin film) that are sequentially stacked (see Nagata’s Fig. 6 with annotations).
Nagata discloses a thermally fused sealed (para [0031], heat-sealing) portion (para. [0094], place of sealing 5) is formed at edges (para [0031], outer peripheral portion) of the lower case and the upper case that face each other (para [0031], laminating the sheet-shaped battery outer casing materials such that inner layers face each other).
Nagata discloses an auxiliary terminal (para. ([0097], carbon tape 12 and para [0063], an electrically conductive tape) is in contact with the first metal layer or the second metal layer so as to enclose a side end of the sealed portion (see Nagata’s Fig. 6 with annotations where carbon tape 12 encloses a side end of the sealed portion and in contact with the first metal layer 10 and the second metal layer 10; and see para [0063], an electrically conductive tape is attached to an exposed end face of the metal foil layer).
Regarding claim 2, Nagata discloses the thermally fused sealed portion comprises a wing portion from which no electrode lead protrudes (see wing portion in Nagata’s Fig. 7 with annotations below) and a terrace portion from which at least one of the electrode leads of the pair of electrode leads protrudes (see tab lead protrudes in Nagata’s Fig. 7 terrace portion with annotations below), and the auxiliary terminal (carbon tape 12) is provided at a part of the wing portion (see Nagata’s Fig. 7 with annotations below, carbon tape 12 is a part of the wing portion).
PNG
media_image3.png
890
784
media_image3.png
Greyscale
Nagata’s Fig. 7 with annotations
Regarding claim 5, Nagata discloses the auxiliary terminal (para [0096] and para [0097], carbon tape for SEM manufactured by Nisshin EM Corporation) is made of an adhesive film containing a conductive material (para [0063], an electrically conductive tape). Furthermore, Nisshin EM Co., Ltd. discloses that their carbon tape for SEM product it is an adhesive containing carbon powder as a conductive filler.
Regarding claim 12, Nagata discloses a battery pack (Fig. 7) comprising: the pouch-shaped battery cell (Fig. 7); and a measurement member (para [0097] and [0100], insulation resistance tester) having one side connected to the auxiliary terminal (para [0097] and [0100], carbon tape 12) and a second side connected to a positive electrode lead or a negative electrode lead (para [0033], tab lead as an extraction terminal is joined to each of current collectors of the positive electrode and the negative electrode.).
Regarding claim 14, Nagata discloses the measurement member is a battery management system (para [0097] and [0100], insulation resistance tester).
Regarding claim 15, Nagata discloses a battery module (Fig. 7).
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.
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 1-3, 12, 14, 15 are rejected under 35 U.S.C. 103 as being unpatentable over Yun et al. (KR-101433195-B1), in view of Nagata (US PG Pub. 20130236773 A1). See examiner provided machine translation for prior art discussion of KR-101433195-B1.
Regarding claim 1, Yun et al. discloses a pouch-shaped battery cell (para [0001]) comprising: a pouch case (para [0003], pouch 120) constituted by a lower case (para [0006], lower pouch) and an upper case (para [0006], upper pouch);
Yun et al. discloses a pair of electrode leads (electrode 110) connected to the pair of electrode tabs (electrode 110), the pair of electrode leads (electrode 110) protruding outwards from the pouch case (see Yun’s Fig. 1 with annotations below). Yun et al. discloses the electrode assembly having a pair of electrode tabs formed at one side (see Yun’s Fig. 1 with annotations below).
PNG
media_image4.png
572
1102
media_image4.png
Greyscale
Yun’s Fig. 1 with annotations
Yun et al. discloses the lower case (para [0006], lower pouch) including a first inner resin layer (para [0006], adhesive layer 125 made of cast polypropylene (CPP) or polypropylene (PP); CPP and PP are resin), a first metal layer (para [0006], aluminum thin film layer 123; aluminum is metal), and a first outer resin layer (para [0005] and [0006], insulating layer 121 made of polyethylene terephthalate (PET) resin or nylon resin) that are sequentially stacked (para [0006]). Yun et al. discloses the upper case (para [0006], upper pouch) including a second inner resin layer (para [0006], adhesive layer 125 made of cast polypropylene (CPP) or polypropylene (PP); CPP and PP are resin), a second metal layer (para [0006], aluminum thin film layer 123; aluminum is metal), and a second outer resin layer (para [0005] and [0006], insulating layer 121 made of polyethylene terephthalate (PET) resin or nylon resin) that are sequentially stacked (para [0006]).
Yun et al. discloses a thermally fused sealed portion (para [0006], a sealing surface) is formed at edges (para [0006], outer circumferential surface to which the pouch 120 is bonded)) of the lower case and the upper case that face each other (para [0006]).
Yun et al. discloses an auxiliary terminal (para. [0034], probe 320) is in contact (para. [0034], in line contact or surface contact) with the first metal layer or the second metal layer (para. [0034], aluminum thin film layer) so as to enclose a side end of the sealed portion (para. [0035], fitted and coupled to the side surface of the pouch).
Yun et al. discloses the electrode assembly located in the pouch case (para [0009]); the electrode assembly comprising two electrodes (Yun’s Fig. 1 with annotations, two electrodes 110).
However, Yun et. al fails to explicitly disclose the electrode assembly comprising a positive electrode, a negative electrode, and a separator.
Nagata discloses an electrode assembly located in the pouch case (para [0030], inserted into the inside of the battery outer casing body), the electrode assembly comprising a positive electrode (para [0030]), a negative electrode (para [0030]), and a separator (para [0030]), the electrode assembly having a pair of electrode tabs (para. [0033], tab lead) formed at one side (see Nagata’s Fig. 3 with annotations).
Yun et al. and Nagata are analogous in the field of pouch-shaped batteries.
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 substitute the electrode assembly taught by Yun et al. for the electrode assembly of Nagata with the predictable result that, generation of an internal short-circuit can be suppressed (Nagata, para [0072]).
Regarding claim 3, the combination of Yun et al. and Nagata teach the thermally fused sealed portion comprises a wing portion from which no electrode lead protrudes and a terrace portion from which at least one of the electrode leads of the pair of electrode leads protrudes (see Yun’s Fig. 11 with annotations below), and the auxiliary terminal (probe 320) extends along the entirety of the wing portion (para [0035], probe 320 is configured to be fitted and coupled to the side surface of the pouch; a higher contact property and reliability of insulation resistance measurement through the contact may be realized).
PNG
media_image5.png
679
1198
media_image5.png
Greyscale
Yun’s Fig. 11 with annotations
Regarding claim 12, the combination of Yun et al. and Nagata teach a battery pack (para [0018], insulation inspection system) comprising the pouch-shaped battery cell (para [0018], pouch battery cell); and a measurement member (para [0018], a control module to measure an electrical characteristic value) having one side connected (para [0018], forming an electric circuit, therefore establishing an electrical connection) to the auxiliary terminal (para [0018], probe) and a second side connected (para [0018], forming an electric circuit, therefore establishing an electrical connection) to a positive electrode lead or a negative electrode lead (para [0018], an electrode).
Regarding claim 14, the combination of Yun et al. and Nagata teach the measurement member (para [0018], a control module to measure an electrical characteristic value) is a battery management system (para [0018], a control module forming an electric circuit between the probes to measure an electrical characteristic value between the contacted probes, and comparing the measured electrical characteristic value with a reference value to determine insulation of the pouch battery cell).
Regarding claim 15, the combination of Yun et al. and Nagata teach a battery module (para [0018], insulation inspection system).
Claims 1, 4, 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Yamashita et al. (US PG Pub. 20120186071 A1) in view of Nagata et al. (US PG Pub. 20130236773 A1).
Regarding claim 1, Yamashita et al. discloses a pouch-shaped battery cell (para [0060], a pouch-type outer packaging body having an opening at one side thereof was formed; a lithium-ion battery main body including a cell was sealed therein) comprising: a pouch case (para [0060], a pouch-type outer packaging body) constituted by a lower case and an upper case (see Yamashita’s Fig. 3 with annotations below).
PNG
media_image6.png
914
1689
media_image6.png
Greyscale
Yamashita’s Fig. 3 with annotations
Yamashita et al. discloses the electrode assembly having a pair of electrode tabs (para [0004], metal terminal 121 that is connected to each of the positive electrode and the negative electrode in the cell) formed at one side (see Yamashita’s Fig. 3 with annotations below); a pair of electrode leads (para [0004], metal terminal 121 tip end) connected to the pair of electrode tabs (para [0004], metal terminal 121), the pair of electrode leads protruding outwards from the pouch case (para [0004], metal terminal 121 tip end protrudes to the outside of the outer packaging body).
PNG
media_image7.png
856
1461
media_image7.png
Greyscale
Yamashita’s Fig. 2 with annotations
Yamashita et al. discloses the lower case including a first inner resin layer (para [0054], heat-sealable resin layer 13), a first metal layer (para [0054], metal foil layer 12), and a first outer resin layer (para [0059], base layer is a stretched nylon film, and nylon is resin) that are sequentially stacked, the upper case including a second inner resin layer (para [0054], heat-sealable resin layer 13), a second metal layer (para [0054], metal foil layer 12), and a second outer resin layer (para [0059], base layer is a stretched nylon film, and nylon is resin) that are sequentially stacked (see Yamashita’s Fig. 3 with annotations).
Yamashita et al. discloses a thermally fused (para [0013], heat and pressure applied) sealed portion is formed at edges (para [0020], a peripheral edge portion of the outer packaging body is heat-sealed) of the lower case and the upper case that face each other, and
Yamashita et al. discloses an auxiliary terminal (para [0056], connection terminal 35 comprising holding portions 36 and sharp-shaped portion 36a) is in contact with the first metal layer or the second metal layer (para [0056], sharp shaped portion 36a made to bite into the metal foil layer 12), so as to enclose a side end of the sealed portion (para [0056], two holding portions 36 are used to hold the outer packaging body 10 in a sandwiching manner).
Yamashita et al. discloses an electrode assembly located in the pouch case (para [0028], hermetically housed in an outer packaging body), the electrode assembly comprising a positive electrode (para [0028]), a negative electrode (para [0028]).
However, Yamashita et. al fails to disclose the electrode assembly comprising a separator.
Nagata discloses an electrode assembly located in the pouch case (para [0030], inserted into the inside of the battery outer casing body), the electrode assembly comprising a positive electrode (para [0030]), a negative electrode (para [0030]), and a separator (para [0030]), the electrode assembly having a pair of electrode tabs (para. [0033], tab lead) formed at one side (see Nagata’s Fig. 3 with annotations).
Yamashita et al. and Nagata are analogous in the field of pouch-shaped batteries.
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 substitute the electrode assembly taught by Yamashita et al. for the electrode assembly of Nagata with the predictable result that generation of an internal short-circuit can be suppressed (Nagata’s para [0072]).
Regarding claim 4, the combination of Yamashita et al. and Nagata teach the thermally fused sealed portion (para [0048], metal terminal holding portion 10b is heat-sealed) comprises a wing portion from which no electrode lead protrudes and a terrace portion from which at least one of the electrode leads of the pair of electrode leads protrudes, and the auxiliary terminal (connection terminal 35) is provided at the terrace portion (see Yamashita’s Fig. 7C with annotations below).
PNG
media_image8.png
715
1540
media_image8.png
Greyscale
Yamashita’s Fig. 7C with annotations
Regarding claim 12, the combination of Yamashita et al. and Nagata teach a battery pack (see Yamashita’s Fig. 7C with annotations) comprising: the pouch-shaped battery cell; and a measurement member (insulation failure inspecting apparatus 30) having one side connected to the auxiliary terminal (connection terminal 35) and a second side connected to a negative electrode lead (para [0055], metal terminal 21 (negative electrode)).
Regarding claim 13, the combination of Yamashita et al. and Nagata teach the measurement member (insulation failure inspecting apparatus 30) is provided in two, one of which is connected to the auxiliary terminal (connection terminal 35) and the positive electrode lead (metal terminal 21) and the other of which is connected to the auxiliary terminal (connection terminal 35) and the negative electrode lead (metal terminal 21, see Yamashita’s Fig. 4 with annotations below). Yamashita et al. discloses that an impulse voltage causing an electric current I to be applied between the electrode lead (metal terminal 21) and the metal layer (metal foil layer 12) via a diode 34 and the auxiliary terminal (connection terminal 35), and thus electric charge is charged up in the capacitance C of the lithium-ion battery 1 (para. [0052]). In Yamashita’s Fig. 4 with annotations, there are two connection terminals 35 correspond to two auxiliary terminals, and two electrical paths to the battery through its positive and negative electrode lead which corresponds to two metal terminals 21.
PNG
media_image9.png
767
1111
media_image9.png
Greyscale
Yamashita’s Fig. 4 with annotations
Regarding claim 14, the combination of Yamashita et al. and Nagata teach the measurement member (insulation failure inspecting apparatus 30) is a battery management system (see Yamashita’s Fig. 4 with annotations).
Regarding claim 15, the combination of Yamashita et al. and Nagata teach a battery module (see Yamashita’s Fig. 4 with annotations).
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Yamashita et al. (US PG Pub. 20120186071 A1) in view of Nagata et al. (US PG Pub. 2013/0236773 A1), further in view of Fauteux et al. (US PG Pub. 2016/0141728 A1).
Regarding claim 5, the combination of Yamashita et al. and Nagata teach the auxiliary terminal (para [0026], connection terminal has a holding portion for holding the subject of measurement in a sandwiching manner thus it could be one continuous bent member) is electrically conductive (para [0056], brought into conduction with the metal foil layer 12).
However, Yamashita et al. is silent toward the material of the connection terminal corresponds to the auxiliary terminal.
Fauteux et al. teaches a pouch cell battery (para [0056]) comprising a connection terminal that is preferably a copper strap (para [0030], connection terminal 53 and conductive lead strap 54). A copper strap is a flat metal material that is capable of being bent because copper is ductile.
Yamashita et al., Nagata and Fauteux et al. are analogous in the field of pouch-shaped batteries.
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 select the copper strap taught by Fauteux et al. for the auxiliary/connection terminal of the combination of Yamashita et al. and Nagata with the predictable result that allows for electrical connection (Fauteux et al. para [0030]). Thus, the combination of Yamashita et al., Nagata and Fauteux et al. teach the auxiliary terminal is made of a flat metal material that is configured to be bent.
Regarding claim 6, the combination of Yamashita et al., Nagata and Fauteux et al. teach the auxiliary terminal (para [0056], connection terminal 35 comprising holding portions 36 and sharp-shaped portion 36a) is provided at an inner surface thereof with a wedge-shaped protrusion (see sharp shaped portion 36a is a wedge-shaped protrusion in Yamashita’s Fig. 8 with annotations).
PNG
media_image10.png
802
1206
media_image10.png
Greyscale
Yamashita’s Fig. 8 with annotations
Regarding claim 7, the combination of Yamashita et al., Nagata and Fauteux et al. teach the wedge-shaped protrusion (para [0056], sharped portion 36a) comes into contact with the second metal layer (para [0056], bite into metal foil layer 12) after penetrating the second outer resin layer (base layer 11) (see Yamashita’s Fig. 8 with annotations).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to THU T TRAN whose telephone number is (571)270-5480. The examiner can normally be reached Mon - Thu 7:30 am - 5:30 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.
/T.T.T./
/THU T TRAN/Examiner, Art Unit 1788
07/27/2026
/Alicia Chevalier/Supervisory Patent Examiner, Art Unit 1788
Prosecution Insights