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 .
Summary
This is the initial Office Action based on the 18/734,276 application filed on 06/05/2024.
Claims 1-15 are currently pending and have been fully considered.
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)(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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Lee et al. (US 2023/0170566).
Addressing claim 1, Lee discloses a rechargeable battery 100, comprising:
an electrode assembly 120;
a case 110 including a first sheet and a second sheet poisoned on an upper side and lower side of the electrode assembly along a thickness direction of the electrode assembly (paragraph [0037] discloses the case is thermally fused to seal the accommodating space 111, which implies the first and second sheets positioned in the claimed manner to accommodate the electrode assembly therebetween), respectively, the first sheet and the second sheet defining a receiving portion (see annotated fig. 1 below) surrounding the electrode assembly and a sealing portion connected to an edge of the receiving portion (the portion, which is outside of the annotated receiving portion in fig. 1 below and is outside of the unbounded region 134 and 133 as described in paragraph [0061], corresponds to the claimed sealing portion); and
a vent layer (130) in the sealing portion at a bonding surface of the first sheet and the second sheet, the sealing portion being bent toward a side of the receiving portion (folding portion 112 is bent toward a side of the receiving portion as shown in fig. 1 below), and the vent layer being in contact with a corner of the receiving portion and one end of the sealing portion (annotated fig. 2 below sows the vent layer 130 being in contact with a corner of the receiving portion and one end of the sealing portion as claimed).
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Addressing claim 2, annotated fig. 2 below shows the sealing portion includes the first and second portions as claimed.
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Addressing claim 3, annotated fig. 2 below shows the claimed configuration.
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Addressing claim 4, fig. 1 shows the electrode assembly includes a plurality of electrode tabs 121 and 122. Annotated fig. 1 below also shows the claimed pair of first sealing portions as claimed.
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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.
Claim(s) 1-4, 6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuwabara (JP2003346768 with provided machine English translation) in view of Song et al. (KR20220142909 with provided machine English translation).
Addressing claim 1, Kuwabara discloses a rechargeable battery, comprising:
an electrode assembly 2;
a case 1 including a first sheet and a second sheet (figs. 6 and 9) positioned on an upper side and a lower side of the electrode assembly 2 along a thickness direction of the electrode assembly (fig. 9), respectively, the first sheet and the second sheet defining a receiving portion (the space between the upper and lower sheets within which the electrode assembly 2 is positioned) surrounding the electrode assembly (figs. 1 and 4) and a sealing portion connected to an edge of the receiving portion (fig. 6); and
a vent layer 7 in the sealing portion at a bonding surface of the first sheet and the second sheet (figs. 5-6), the sealing portion being bent toward a side of the receiving portion (figs. 1, 4 and 7), and the vent layer being in contact with one end of the sealing portion and an edge of the receiving portion (fig. 1).
Kuwabara is silent regarding the vent layer being in contact with a corner of the receiving portion.
Song discloses a rechargeable battery comprising an electrode assembly being positioned in the receiving portion of a case having an upper and lower sheet similarly to that of Kuwabara (fig. 1). Song further discloses the vent layer 15 being positioned between the electrode terminals (fig. 3) similarly to that of Kuwabara or is positioned at the corner of the battery so that the vent member being in contact with a corner of the receiving portion (fig. 4).
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the battery of Kuwabara by moving the vent layer from between the position between the electrode terminals to a position at the corner of the battery where the vent layer is in contact with a corner of the receiving portion as disclosed by Song in order to further improve the safety of the battery (Song, [0140]).
Addressing claim 2, Kuwabara discloses in annotated fig. 1 that the sealing portion includes a first portion facing the side of the receiving portion and a second portion extending outwardly from the first portion, and the vent layer is positioned on a bonding surface of the second portion (the limitation is met in the modified battery of Kuwabara in view of Song because the vent layer disclosed by Song is positioned in the corner of the battery case that corresponds to the second portion of Kuwabara).
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Addressing claim 3, the modified battery of Kuwabara in view of Song satisfies the limitation of current claim because the vent layer of Song is positioned (as shown in fig. 4) over the bonding surface of the portion that corresponds to the second portion disclosed by Kuwabara and over a part of a bonding surface of the first portion disclosed by Kuwabara and in contact with a part of the edge of the receiving portion.
Addressing claim 4, fig. 4 of Kuwabara shows the electrode assembly includes a plurality of electrode tabs 3, the sealing portion includes a pair of first sealing portions positioned on opposite sides of the receiving portion and parallel to the plurality of electrode tabs, and each of the pair of the first sealing portions includes the first portion and the second portion (see annotated fig. 1 above).
Addressing claims 6 and 9, Kuwabara discloses each of the first and second sheet includes a polymer layer 8 [0028] and a melting point of the vent layer 7 is lower than a melting point of the polymer layer [0027-0028], which implies lower bonding strength between the vent layer with respect to at least one of the first sheet and the second sheet in comparison to the bonding strength between the first sheet and the second sheet.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuwabara (JP2003346768 with provided machine English translation) in view of Song et al. (KR20220142909 with provided machine English translation) as applied to claims 1-4, 6 and 9 above, and further in view of Sada et al. (JP2006344457 with provided machine English translation).
Addressing claim 5, Kuwabara discloses in fig. 1 the sealing portion includes a second sealing portion (the sealing portion along which the terminals 3 and vent member 7 are situated between the vertical sealing portions) that intersects the pair of first sealing portions.
Kuwabara is silent regarding the second portion is bent inwardly and is in contact with he second sealing portion and the side of the receiving portion connected to the second sealing portion.
Sada discloses in fig. 6 the corners 9 of the sealing portion are bent inwardly and is in contact with the horizontal lateral portion that corresponds to the claimed second sealing portion and the side of the portion that accommodates the electrode assembly that corresponds to the claimed receiving portion connected to the second sealing portion.
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the battery of Kuwabara by folding the corner that corresponds to the claimed second portion inwardly to be in contact with the second sealing portion and the side of the receiving portion connected to the second sealing portion as disclosed by Sada in order to prevent damage to the sealing layer and metal layer of the first and second sheets without impairing the sealing performance of the battery (Sada, [0055]).
Claim(s) 7 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuwabara (JP2003346768 with provided machine English translation) in view of Song et al. (KR20220142909 with provided machine English translation) as applied to claims 1-4, 6 and 9 above, and further in view of Kim et al. (KR20170103236 with provided machine English translation).
Addressing claims 7 and 10, Kuwabara and Song are silent regarding the claimed limitations.
Kim discloses a rechargeable battery comprising a vent layer (510+520) made of a cast polypropylene layer 520 [0051-000057] with a coating layer 510 laminated on an outer surface of the cast polypropylene layer (figs. 3-4).
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the battery of Kuwabara in view of Song with the vent layer made of polypropylene as disclosed by Kim in order to obtain the predictable result of venting gas generated by the electrode assembly (Rationale B, KSR decision, MPEP 2143).
Claim(s) 8 and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuwabara (JP2003346768 with provided machine English translation) in view of Song et al. (KR20220142909 with provided machine English translation) and Kim et al. (KR20170103236 with provided machine English translation) as applied to claims 7 and 10 above, and further in view of Kim et al. (US 2022/0336898 or ‘898).
Addressing claims 8 and 11, Kuwabara, Song and Kim are silent regarding the limitations of current claims.
Kim ‘898 discloses vent member that has melting point between 100 to 120oC [0017] and bonding strength between 0.5 kgf and 1.4 kgf [0125].
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the rechargeable battery of Kuwabara in view of Song and Kim by perform routine experimentation with the melting point and bonding strength of the material making up the vent layer in the ranges disclosed by Kim ‘898 in order to optimize the sealing strength and vent characteristic of the vent member (Kim ‘898, [0125]). Therefore, one would have arrived at the claimed melting temperature and bonding strength of the vent member when perform routine experimentation with the melting point and bonding strength of the material making up the vent layer in the ranges disclosed by Kim ‘898 in order to optimize the sealing strength and vent characteristic of the vent member.
Claim(s) 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuwabara (JP2003346768 with provided machine English translation) in view of Song et al. (KR20220142909 with provided machine English translation) and Sada et al. (JP2006344457 with provided machine English translation).
Addressing claim 12, Kuwabara discloses a rechargeable battery, comprising:
an electrode assembly 2;
a case 1 including a first sheet and a second sheet (figs. 6 and 9) positioned on an upper side and a lower side of the electrode assembly 2 along a thickness direction of the electrode assembly (fig. 9), respectively, the first sheet and the second sheet defining a receiving portion (the space between the upper and lower sheets within which the electrode assembly 2 is positioned) surrounding the electrode assembly (figs. 1 and 4) and a sealing portion connected to an edge of the receiving portion (fig. 6), and the sealing portion including a first portion (annotated fig. 1 below) facing and bent toward a side of the receiving portion, and a second portion extending outwardly from the first portion (annotated fig. 1 below); and
a vent layer 7 in the sealing portion.
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Kuwabara is silent regarding the second portion being folded inwardly to face another side of the receiving portion and the vent layer is positioned on a bonding surface of the second portion.
Song discloses a rechargeable battery comprising an electrode assembly being positioned in the receiving portion of a case having an upper and lower sheet similarly to that of Kuwabara (fig. 1). Song further discloses the vent layer 15 being positioned between the electrode terminals (fig. 3) similarly to that of Kuwabara or is positioned at the corner of the battery so that the vent member being in contact with a corner of the receiving portion (fig. 4).
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the battery of Kuwabara by moving the vent layer from between the position between the electrode terminals to a position at the corner of the battery where the vent layer is in contact with a corner of the receiving portion as disclosed by Song in order to further improve the safety of the battery (Song, [0140]). In the modified battery of Kuwabara in view of Song, the limitation “the vent layer is positioned on a bonding surface of the second portion” is met because the vent layer disclosed by Song is positioned in the corner of the battery case that corresponds to the second portion of Kuwabara.
Sada discloses in fig. 6 the corners 9 of the sealing portion are bent inwardly and is in contact with the horizontal lateral portion that corresponds to the claimed second sealing portion and the side of the portion that accommodates the electrode assembly that corresponds to the claimed receiving portion connected to the second sealing portion.
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the battery of Kuwabara by folding the corner that corresponds to the claimed second portion inwardly to be in contact with the second sealing portion and the side of the receiving portion connected to the second sealing portion as disclosed by Sada in order to prevent damage to the sealing layer and metal layer of the first and second sheets without impairing the sealing performance of the battery (Sada, [0055]).
Addressing claim 13, the modified battery of Kuwabara in view of Song satisfies the limitation of current claim because the vent layer of Song is positioned (as shown in fig. 4) over the bonding surface of the portion that corresponds to the second portion disclosed by Kuwabara and over a part of a bonding surface of the first portion disclosed by Kuwabara and in contact with a part of the edge of the receiving portion.
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kuwabara (JP2003346768 with provided machine English translation) in view of Song et al. (KR20220142909 with provided machine English translation) and Sada et al. (JP2006344457 with provided machine English translation) as applied to claims 12-13 above, and further in view of Kim et al. (KR20170103236 with provided machine English translation).
Addressing claims 14-15, Kuwabara discloses each of the first and second sheet includes a polymer layer 8 [0028] and a melting point of the vent layer 7 is lower than a melting point of the polymer layer [0027-0028], which implies lower bonding strength between the vent layer with respect to at least one of the first sheet and the second sheet in comparison to the bonding strength between the first sheet and the second sheet.
Kuwabara and Song are silent regarding the vent layer is composed of a cast polypropylene layer with a coating layer laminated on an outer surface of the cast polypropylene layer and the vent layer is composed of a cast polypropylene layer mixed with one of a resin or a metal.
Kim discloses a rechargeable battery comprising a vent layer (510+520) made of a cast polypropylene layer 520 [0051-000057] with a coating layer 510 laminated on an outer surface of the cast polypropylene layer (figs. 3-4).
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the battery of Kuwabara in view of Song with the vent layer made of polypropylene as disclosed by Kim in order to obtain the predictable result of venting gas generated by the electrode assembly (Rationale B, KSR decision, MPEP 2143). Therefore, the limitation of current claims would have been obvious based on the teaching of Kuwabara in view of Song, Sada and Kim.
Conclusion
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/BACH T DINH/Primary Examiner, Art Unit 1726 09/25/2026
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