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 .
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: BATTERY COMPRISING PACKAGING MEMBER WITH IMPROVED SPACE PROPORTION.
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.
Claims 1-14 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 1 recites the limitation “each end portion is connected to the first end, and a side of the end portion facing away from the top surface is flat” and “each end portion is attached to an inner side of the first end, and a side of the first end facing away from the top surface is flat”.
However, Claim 1 sets forth two end portions and two first ends and therefore it is unclear which end portion of the two end portions and which first end of the two first ends the respective limitations are referencing.
For purpose of examination, the Examiner will interpret the claims to recite “each end portion is connected to a respective one of the first ends, and a side of each of the end portions that is facing away from the top surface is flat” and “each end portion is attached to an inner side of a respective one of the first ends, and a side of each of the first ends that is facing away from the top surface is flat”.
Claims 2-14 are dependent on Claim 1 and therefore are rejected under 35 U.S.C. 112(b) for the reasons set forth above.
Claim 3 recites the limitation “a length of the end portion is 2 mm-6 mm”. However, Claim 1 sets forth two end portions and therefore it is unclear which end portion of the two end portions the limitation is referencing.
For purpose of examination, the Examiner will interpret the claim to recite “a length of at least one of the end portions is 2 mm-6 mm”.
Claim 6 recites the limitation “a height of the end portion is 1 mm-3 mm”. However, Claim 1 sets forth two end portions and therefore it is unclear which end portion of the two end portions the limitation is referencing.
For purpose of examination, the Examiner will interpret the claim to recite “a height of at least one of the end portions is 1 mm-3 mm”.
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, and 7-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Huang (CN 214589035 U, cited on the IDS dated June 6, 2024, see also the provided English translation).
Regarding Claim 1, Huang discloses in Figs. 2-4 and 20 a battery (1) comprising a battery cell body (electrode assembly) and a packaging member (20), the packaging member (20) encapsulating the battery cell body ([0036], [0044]), wherein
the packaging member (20) comprises a top sealing edge (202) and side sealing edges (203) located on opposite sides of the top sealing edge (202), and a first end of each side sealing edge (203) extends to an outer side of a top surface of the battery cell body (Fig. 20, [0048], [0061], see top edge of each side edge 203);
the top sealing edge (202) comprises a main body portion and end portions respectively located on two sides of the main body portion, and the main body portion is disposed on the top surface in a tiled manner (e.g. see annotated portion of Fig. 20 provided below wherein an extension direction of the main body portion is parallel to the top surface and therefore the main body portion is disposed on the top surface in a tiled manner in light of [0044] of the instant specification);
each end portion is connected to a respective one of the first ends ([0061]), and a side of each of the end portions that is facing away from the top surface is flat (Fig. 20, [0036]).
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Regarding Claim 2, Huang discloses all of the limitations as set forth above and further discloses wherein the side of the end portion facing away from the top surface is flat (Fig. 20, [0036]), the side of the end portion facing away from the top surface and the side of the first end face facing away from the top surface are located in the same plane, and the plane is parallel to the top surface (Fig. 20, [0036], e.g. see top edge of the end portion facing away from the top surface and top edge of the first end face facing away from the top surface).
Regarding Claim 4, Huang discloses all of the limitations as set forth above and further discloses wherein the top sealing edge (202) further comprises a transition portion (201), and the main body portion and the end portion are connected by the transition portion (2041), and an incline angle (a’) is formed between the transition portion (2041) and the main body portion (Fig. 4, [0061], [0063]).
Regarding Claims 7-8, Huang discloses all of the limitations as set forth above and further discloses wherein in a width direction of the battery cell body, the main body portion extends from a first side of the top surface to a second side of the top surface, and the main body portion covers part of the top surface (Figs. 2-4).
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 3 and 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (CN 214589035 U, cited on the IDS dated June 6, 2024, see also the provided English translation), as applied to Claims 2 and 4 above.
Regarding Claim 3, Huang discloses all of the limitations as set forth above and further discloses wherein the end portions extend in a length direction of the battery cell body (Fig. 20) and therefore Huang discloses wherein a length of at least one of the end portions is greater than 0 mm, which encompasses the instantly claimed range of 2 mm-6 mm.
Huang further discloses wherein the battery (1) may be utilized in a wide range of applications ([0015]).
The Examiner notes wherein the length of at least one of the end portions is a result-effective variable modifying the size of the battery. Since applicants did not provide any criticality regarding the recited parameter, one of ordinary skill in the art would have found obvious to optimize the size of the battery through routine experimentation in order to perfect the result-effective variable of the length of at least one of the end portions such that it falls within the instantly claimed range, as the application of the battery is not particularly limited, see MPEP 2144.05 II.
Regarding Claim 5, Huang discloses all of the limitations as set forth above and further discloses wherein the incline angle (a’) between the transition portion (2041) and the main body portion is greater than 0° to 150° in order to successfully protect the battery cell body (Figs. 4 and 20, [0061], [0063]), which encompasses the instantly claimed range of 90°- 150°
It would have been obvious to one of ordinary skill in the art to form the incline angle (a’) between the transition portion (2041) and the main body portion to be within the encompassing portion of the range disclosed by Huang in order to successfully protect the battery cell body.
Regarding Claim 6, Huang discloses all of the limitations as set forth above and further discloses wherein the end portions extend in a height direction of the battery cell body (Fig. 20) and therefore Huang discloses wherein the height of at least one of the end portions is greater than 0 mm, which encompasses the instantly claimed range of 1 mm-3 mm.
Huang further discloses wherein the battery (1) may be utilized in a wide range of applications ([0015]).
The Examiner notes wherein the height of at least one of the end portions is a result-effective variable modifying the size of the battery. Since applicants did not provide any criticality regarding the recited parameter, one skilled in the art would have found obvious to optimize the size of the battery through routine experimentation in order to perfect the result-effective variable of the height of at least one of the end portions such that it falls within the instantly claimed range, as the application of the battery is not particularly limited, see MPEP 2144.05 II.
Claims 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (CN 214589035 U, cited on the IDS dated June 6, 2024, see also the provided English translation), as applied to Claims 7-8 above, and further in view of Kim et a. (US PGPub 2008/0268344 A1).
Regarding Claims 9-10, Huang discloses all of the limitations as set forth above and further discloses a tab (10) ([0044]), wherein the tab (10) comprises a bending part (101), wherein the bending part (101) is necessarily and inherently connected with the battery cell body in order to electrically connect the battery to an electrical device, part of the main body portion encapsulates the bending part (101), the bending part (101) is disposed on the top surface in a tiled manner (Figs. 2-4, [0045]).
However, Huang does not illustrate in Figs. 2-4 how the bending part (101) is connected to the battery cell body and consequently does not disclose wherein the tab comprises an extension part connected to the bending part, wherein the extension part is perpendicular to the top surface.
Kim teaches in Figs. 1 and 8 a battery comprising a battery cell body (100) and a tab (111 or 121) ([0044]), wherein the tab (111 or 121) comprises a bending part and an extension part that are connected to each other, the bending part is connected with the battery cell body (100), and the extension part is perpendicular to a top surface of the battery cell body (100) (Fig. 8, [0052]).
It would have been obvious to one of ordinary skill in the art to form the tab of Huang to comprise an extension part connected to the bending part of Huang, wherein the extension part is perpendicular to the top surface of Huang, as taught by Kim, in order to connect the bending part to the battery cell body, as desired by Huang.
Regarding Claims 11-12, modified Huang discloses all of the limitations as set forth above and further discloses wherein a distance between one end of the bending part (101 of Huang) facing the second side of the top surface and the second side exists and therefore Huang discloses wherein the distance between one end of the bending part facing the second side of the top surface and the second side is greater than 0 mm, which encompasses the instantly claimed range of greater than 0.2 mm.
Huang further discloses wherein the battery (1) may be utilized in a wide range of applications ([0015]).
The Examiner notes wherein a length of the bending part of the tab is a result-effective variable modifying the size of the battery. Since applicants did not provide any criticality regarding the recited parameter, one skilled in the art would have found obvious to optimize the size of the battery through routine experimentation in order to perfect the result-effective variable of the length of the bending part of the tab such that the distance between one end of the bending part facing the second side of the top surface and the second side falls within the instantly claimed range, as the application of the battery is not particularly limited, see MPEP 2144.05 II.
Regarding Claims 13-14, modified Huang discloses all of the limitations as set forth above and further discloses wherein the tab (10 of Huang) comprises a positive electrode tab and a negative electrode tab, and a sum a number of the positive electrode tab and a number of the negative electrode tab is two or more (Figs. 2 and 5, [0047] of Huang).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Jeon et al. (US PGPub 2025/0286174 A1) teaches a battery comprising a packaging member (300) comprising a top sealing edge and side sealing edges located on opposite sides of the top sealing edge (Fig. 5A).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY WYLUDA whose telephone number is (571)272-4381. The examiner can normally be reached Monday-Thursday 7 AM - 3 PM EST.
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/KIMBERLY WYLUDA/Primary Examiner, Art Unit 1725
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