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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/30/25 and 7/3/24 were filed. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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.
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.
Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2007087652 A (hereinafter "JP'652").
As to Claim 1:
JP'652 discloses a battery (JP'652, Pgs. 1, 4);
an electrode body that is flat and is configured by a positive electrode and negative electrode layered alternately via a separator (JP'652, Pg. 4, disclosing that the flat electrode group is produced by alternately laminating the positive electrode and the negative electrode with a separator interposed therebetween; Pg. 7, under "Second Embodiment"; Pg. 12, under "Example 2");
an exterior body accommodating the electrode body (JP'652, Pg. 4, disclosing an exterior member having a cup portion in which an electrode group is accommodated; Pg. 7, disclosing container 20 and sealing plate 23 accommodating the electrode group; Fig. 15);
a positive electrode tab that projects out from the exterior body in a first direction that is orthogonal to a thickness direction of the electrode body, and that is electrically connected to the positive electrode (JP'652, Pg. 2; Pg. 6; Pg. 7, disclosing that positive electrode tab 15 is electrically connected to bundled positive electrode leads 8 of positive electrodes 7 and is drawn out from the short-side peripheral edge of the container in a first direction orthogonal to the thickness direction; Figs. 6, 15);
a negative electrode tab that projects out from the exterior body in the first direction or in an opposite direction to the first direction, and that is electrically connected to the negative electrode (JP'652, Pg. 2; Pg. 6; Pg. 7, disclosing that negative electrode tab 16 is electrically connected to bundled negative electrode leads 11 of negative electrodes 10 and is drawn out from the peripheral edge located on the opposite side of the positive electrode tab 15 in an opposite direction to the first direction; Fig. 15; see also Pg. 8 and Fig. 21 for tabs extending in the same first direction);
the exterior body has at least one laminate sheet (JP'652, Pg. 4, disclosing that the exterior member is formed from a laminate film comprising a metal layer 4, a protective layer 5 formed on one surface of the metal layer, and a thermoplastic resin layer 6 formed on the opposite surface of the metal layer; Pg. 6; Pg. 7; Pg. 10; Fig. 2);
the electrode body has, at both edge portions in a second direction that is orthogonal to the thickness direction and to the first direction, non-contact portions at which the positive electrode and the negative electrode do not contact the separator (JP'652, Pg. 2; Pg. 7, disclosing that protruding portions 25b of the separator 24 protrude from the positive and negative electrodes at both ends of the long side of the electrode group orthogonal to the short-side tab direction, forming edge regions where the positive and negative electrodes do not contact the separator; Pg. 12; Figs. 13, 14); and
the exterior body has welded portions at which portions of the laminate sheet are welded together via at least portions of the non-contact portions (JP'652, Pg. 2; Pg. 7, disclosing that the peripheral portion 22 of the laminate container 20 and the peripheral portion of the laminate sealing plate 23 are thermally fused using the thermoplastic resin layer, wherein overhanging portions 25b of separator 24 are fixed by being sandwiched and heat-sealed between the heat fusion portion of the container 20 and the sealing plate 23 along both long side edge portions; Pg. 13; Figs. 15, 16).
As to Claim 2:
JP'652 discloses the battery of claim 1 (see the rejection of claim 1); the positive electrode includes a plurality of positive electrode sheets (JP'652, Pg. 6, disclosing bundled positive electrode leads 8 of each of the plurality of positive electrodes 7; Pg. 11, disclosing laminating 20 positive electrodes 7; Pg. 12, under "Example 2"; Pg. 13, under "Example 3", disclosing 20 positive electrodes 33; Figs. 3, 6, 8, 14, 18, 20); the negative electrode includes a plurality of negative electrode sheets (JP'652, Pg. 6, disclosing bundled negative electrode leads 11 of each of the plurality of negative electrodes 10; Pg. 11, disclosing laminating 21 negative electrodes 10; Pg. 12, under "Example 2"; Pg. 13, under "Example 3", disclosing 21 negative electrodes 36; Figs. 4, 6, 8, 14, 19, 20); the separator includes a plurality of separator sheets (JP'652, Pg. 6, disclosing a plurality of bag-shaped separators 13; Pg. 11, disclosing 20 separators laminated with the negative and positive electrodes; Pg. 12, under "Example 2", disclosing a plurality of bag-shaped separators 24; Pg. 13, under "Example 3"; Figs. 5, 8, 13, 14, 20); the electrode body is configured by the positive electrode sheets and the negative electrode sheets layered alternately via the separator sheets along the thickness direction (JP'652, Pg. 4, under "2) Electrode group", disclosing that the flat electrode group is produced by alternately laminating the positive electrode and the negative electrode with a separator interposed therebetween; Pg. 6; Pg. 11, disclosing that negative electrodes and positive electrodes housed in separators are arranged in alternating stacked order along the thickness direction; Pg. 12, under "Example 2"; Pg. 13, under "Example 3"; Figs. 8, 14, 20); and the non-contact portions extend along the first direction (JP'652, Pg. 2; Pg. 7, under "Second Embodiment", disclosing that overhanging protruding portions 25b of the separator 24 protrude beyond the positive and negative electrodes along both ends of the long side of the electrode group, wherein the tabs are drawn out from the short-side peripheral edges and the overhanging protruding portions extend along the long side parallel to the first direction; Pg. 12, under "Example 2", disclosing length L2 of 84 mm along the long side where protruding portion 25b is formed and length L1 of 65 mm along the short side where tabs 15 and 16 are drawn out; Figs. 14, 15; see also Pg. 13, under "Example 3" and Figs. 20, 21).
As to Claim 3:
JP'652 discloses the battery of claim 1 (see the rejection of claim 1); when viewing the exterior body from the thickness direction (JP'652, Pgs. 7, 12, 13, disclosing a plan view of the container 20 and sealing plate 23 viewed from the thickness direction; Figs. 11A, 12A, 15, 16); and a ratio of a surface area of the non-contact portion that is within the welded portion, with respect to a surface area of the welded portion, is greater than or equal to 10% (JP'652, Pg. 2; Pg. 7; Pgs. 12–13, under "Example 2", disclosing an overhanging portion 25b of separator 24 having a length of 84 mm and a width of 5 mm positioned within a long-side peripheral edge of the container 20 having an outer length of 105 mm and an edge width of 10 mm, wherein the overhanging portion 25b is heat-sealed between the thermoplastic resin layers of the container 20 and the sealing plate 23 using a 5 mm seal bar and remaining unfused portions of the long side edges are fused to form the welded portion along the long-side edge, which inherently yields a surface area of the non-contact portion within the welded portion of 420 mm² [84 mm × 5 mm] and a total welded portion surface area of 1050 mm² [105 mm × 10 mm], resulting in a surface area ratio of 40% [or 80% based on the initial 5 mm seal bar area of 525 mm²], which is greater than or equal to 10%; Figs. 11A, 14, 15, 16).
As to Claim 4:
JP'652 discloses the battery of claim 1 (see the rejection of claim 1); the non-contact portions of the separator that are within the welded portions and a portion of the separator that is different from the non-contact portions that are within the welded portions (JP'652, Pg. 2; Pg. 4, under "2) Electrode group"; Pg. 7; Pg. 12, under "Example 2", disclosing overhanging portions 25b of separator 24 heat-sealed between container 20 and sealing plate 23 to form welded portions along both long-side edges, and the bag portion of separator 24 within cup 21 accommodating the positive electrode between the positive and negative electrodes in the electricity-generating electrode portion; Figs. 13, 14, 15, 16); and surfaces of the separator at the non-contact portions that are within the welded portions are rougher than surfaces of the separator at a portion that is different from the non-contact portions that are within the welded portions (JP'652, Pg. 2; Pg. 7; Pgs. 12–13, under "Example 2", disclosing that the overhanging non-contact portions 25b of the polyethylene microporous separator 24 are subjected to heat-sealing between the thermoplastic resin layers of the container 20 and sealing plate 23 at a temperature of 180°C under an applied pressure of 1.0 kgf/cm² to 4.0 kgf/cm², whereas the portion of the separator accommodating the positive electrode within the recessed cup 21 is not subjected to said heat-sealing pressure, which inherently subjects the porous separator material at the non-contact portions within the weld to thermal stress and strain that stretches the surface, rendering the surfaces of the separator at the non-contact portions within the welded portions rougher than the surfaces of the separator at the unpressed portion different from the non-contact portions within the welded portions; Figs. 11A, 14, 15, 16).
As to Claim 5:
JP'652 discloses the battery of claim 1 (see the rejection of claim 1); the non-contact portions of the separator that are within the welded portions and a portion of the separator that is different from the non-contact portions that are within the welded portions (JP'652, Pg. 2; Pg. 4, under "2) Electrode group"; Pg. 7; Pg. 12, under "Example 2", disclosing overhanging portions 25b of separator 24 heat-sealed between container 20 and sealing plate 23 to form welded portions along both long-side edges, and the bag portion of separator 24 disposed within cup 21 between the positive and negative electrodes in the electricity-generating electrode portion; Figs. 13, 14, 15, 16); and a thickness of the separator at the non-contact portions that are within the welded portions is thinner than a thickness of the separator at a portion that is different from the non-contact portions that are within the welded portions (JP'652, Pg. 2; Pg. 7; Pgs. 12–13, under "Example 2", disclosing that the overhanging non-contact portions 25b of the polyethylene microporous separator 24 are subjected to heat-sealing between the thermoplastic resin layers of the container 20 and sealing plate 23 at a temperature of 180°C under an applied pressure of 1.0 kgf/cm² to 4.0 kgf/cm² using a seal bar, whereas the portion of the separator accommodating the positive electrode within the recessed cup 21 is not subjected to said heat-sealing pressure, which inherently mechanically compresses and thins the porous separator material at the non-contact portions within the weld, resulting in a thickness of the separator at the non-contact portions that are within the welded portions being thinner than a thickness of the separator at the uncompressed portion different from the non-contact portions that are within the welded portions; Figs. 11A, 14, 15, 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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over JP 2007087652 A (hereinafter "JP'652").
As to Claim 3: JP'652 discloses the battery of claim 1 (see the rejection of claim 1); when viewing the exterior body from the thickness direction (JP'652, Pgs. 7, 12, 13, disclosing a plan view of the container 20 and sealing plate 23 from the thickness direction; Figs. 11A, 12A, 15, 16); a non-contact portion that is within a welded portion (JP'652, Pg. 2; Pg. 7; Pg. 12, under "Example 2", disclosing overhanging portion 25b of separator 24 having a length of 84 mm and a width of 5 mm positioned along the long-side edge; Pg. 13, disclosing heat-sealing the overhanging portion 25b between the thermoplastic resin layers of the container 20 and sealing plate 23 to form the welded portion along the long-side edge; Figs. 13, 14, 15, 16); and a ratio of a surface area of the non-contact portion that is within the welded portion, with respect to a surface area of the welded portion (JP'652, Pgs. 12–13, disclosing an overhanging separator portion 25b having a length of 84 mm and a width of 5 mm positioned within a long-side peripheral edge of the container having an outer length of 105 mm and an edge width of 10 mm, where the long-side edge is heat-sealed using a 5 mm seal bar and remaining portions are fused).
However, JP'652 does not explicitly state that the ratio of the surface area of the non-contact portion that is within the welded portion, with respect to the surface area of the welded portion, is greater than or equal to 10%.
In Example 2, JP'652 describes an exemplary embodiment wherein an overhanging separator portion having dimensions of 84 mm by 5 mm (area of 420 mm²) is thermally fused within a long-side container sealing edge having dimensions of 105 mm by 10 mm (total area of 1050 mm², or 525 mm² for a 5 mm seal bar width), which results in a surface area ratio of 40% (or 80%), well above 10% (JP'652, Pgs. 12–13). Thus, dimensioning the weld and separator overlap to achieve a surface area ratio of at least 10% represents an application of the dimensional parameters and bonding teachings explicitly provided in JP'652 to ensure adequate retention of the electrode assembly.
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to configure the exterior body and separator of JP'652 such that, when viewing the exterior body from the thickness direction, a ratio of the surface area of the non-contact portion that is within the welded portion, with respect to the surface area of the welded portion, is greater than or equal to 10%, in order to provide sufficient contact and bonding area to firmly fix the separator to the exterior body and effectively suppress movement of the electrode group during vibration or impact as taught by JP'652.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over JP 2007087652 A (hereinafter "JP'652") in view of EP 4216359 A1 (hereinafter "EP'359").
As to Claim 4:
JP'652 discloses the battery of claim 1 (see the rejection of claim 1); the separator having non-contact portions that are within the welded portions (JP'652, Pg. 2; Pg. 7; Pg. 12, under "Example 2", disclosing overhanging portions 25b of separator 24; Pg. 13, disclosing heat-sealing the overhanging portions 25b between container 20 and sealing plate 23 to form welded portions along both long-side edges; Figs. 14, 15, 16); and a portion of the separator that is different from the non-contact portions that are within the welded portions (JP'652, Pg. 4, under "2) Electrode group"; Pg. 7; Pg. 12, disclosing the bag portion of separator 24 accommodating positive electrode 7 and disposed between positive and negative electrodes in the active electricity-generating portion; Figs. 13, 14).
However, JP'652 does not explicitly disclose that surfaces of the separator at the non-contact portions that are within the welded portions are rougher than surfaces of the separator at a portion that is different from the non-contact portions that are within the welded portions.
EP'359 discloses a separator for a secondary battery electrode assembly, wherein an outer peripheral non-contact portion of the separator has a rougher surface than an inner portion of the separator, and the outer peripheral portions are thermally fused/welded (EP'359, Pgs. 1, 3, 5–7; Figs. 1, 2, 4). Specifically, EP'359 discloses that an outer periphery of a polyolefin separator substrate includes a non-coating portion where no electrode mixture or coating is present, and an uneven portion having a rough surface is formed on a smooth surface of the separator substrate by passing the non-coating margin between a pair of embossing rollers, while the remaining portion of the separator substrate is not embossed (EP'359, Pgs. 5–7; Figs. 1, 2). EP'359 further discloses that the uneven portion having the rough surface is formed along the outer peripheral non-contact margin where thermal fusion is performed, whereby the rough surface increases frictional force and improves the force of adhesion between adjacent layers during thermal fusion (EP'359, Pgs. 6, 7). Thus, EP'359 teaches that surfaces of the separator at the non-contact outer peripheral portions that are within the thermally fused/welded portions are rougher than surfaces of the separator at a portion that is different from the non-contact portions that are within the welded portions.
JP'652 and EP'359 are analogous arts because both references are in the same field of endeavor of lithium secondary batteries having stacked electrode assemblies and separators, and both are reasonably pertinent to the particular problem of enhancing bonding strength and adhesion at peripheral separator margins during thermal fusion/heat-sealing to firmly anchor the separator and prevent displacement, folding, or internal short-circuiting under external impact or vibration (JP'652, Pgs. 1–3, 7; EP'359, Pgs. 1–3, 6, 7).
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to emboss the non-contact overhanging separator margins of JP'652 using rollers having embossing portions as taught by EP'359, such that surfaces of the separator at the non-contact portions that are within the welded portions are rougher than surfaces of the separator at a portion that is different from the non-contact portions that are within the welded portions, in order to increase frictional force and improve thermal fusion bonding strength between the separator margins and the exterior body to more effectively secure the electrode group against displacement during drop impact or vibration as taught by JP'652 and EP'359.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over JP 2007087652 A (hereinafter "JP'652") in view of US 2013/0164596 A1 (hereinafter "US'596").
As to Claim 5:
JP'652 discloses the battery of claim 1 (see the rejection of claim 1); the separator having non-contact portions that are within the welded portions (JP'652, Pg. 2; Pg. 7; Pg. 12, under "Example 2", disclosing overhanging portions 25b of separator 24; Pg. 13, disclosing heat-sealing the overhanging portions 25b between container 20 and sealing plate 23 to form welded portions along both long-side edges; Figs. 14, 15, 16); and a portion of the separator that is different from the non-contact portions that are within the welded portions (JP'652, Pg. 4, under "2) Electrode group"; Pg. 7; Pg. 12, disclosing the separator portion accommodating the positive electrode and situated between the positive and negative electrodes in the electricity-generating electrode portion; Figs. 13, 14).
However, JP'652 does not explicitly disclose that a thickness of the separator at the non-contact portions that are within the welded portions is thinner than a thickness of the separator at a portion that is different from the non-contact portions that are within the welded portions.
US'596 discloses a battery separator for a storage battery, wherein peripheral regions of the separator sheet material are compressed and thinned relative to an uncompressed central region, and overlapping edges are sealed (US'596, [0007], [0023], [0029], [0030], [0032], [0046], [0047]; Figs. 1, 2, 4, 8). Specifically, US'596 teaches compressing the sheet material by applying compressive force uniformly in peripheral regions along each side edge but not in the central region (US'596, [0029], [0030]), wherein as a result of the compression, the thickness of the separator sheet material in the peripheral regions is thinner than the thickness of the uncompressed sheet material in the central region (US'596, [0032]). US'596 further teaches that compressing the peripheral regions densifies the separator structure and lowers porosity compared to the central region to increase puncture resistance against electrode plate edges (US'596, [0024], [0025], [0030]), and that the overlapping side edges in the compressed peripheral regions are joined and sealed together by mechanical or heat sealing (US'596, [0044], [0046], [0047]). Thus, US'596 teaches that a thickness of the separator at the peripheral non-contact edge portions within the sealed/welded portions is thinner than a thickness of the separator at a portion that is different from the non-contact edge portions (i.e., the central uncompressed region).
JP'652 and US'596 are analogous arts because both references are in the same field of endeavor of batteries and battery separators (specifically, secondary/storage batteries having stacked electrode plates and porous separators), and both references are reasonably pertinent to the particular problem of mechanically treating and sealing separator peripheral edge margins to reinforce the edges against mechanical damage or puncture, improve sealing reliability, and prevent short circuits between opposing electrodes (JP'652, Pgs. 1–3, 7; US'596, [0002]–[0005], [0024]–[0025]).
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to configure the heat-sealed peripheral non-contact portions of the separator of JP'652 such that a thickness of the separator at the non-contact portions that are within the welded portions is thinner than a thickness of the separator at a portion that is different from the non-contact portions that are within the welded portions as taught by US'596, in order to densify the edge structure of the separator, enhance its puncture resistance against adjacent electrode edges, and facilitate clean, uniform sealing along the perimeter welded portions of the exterior body as taught by US'596 and JP'652.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over JP 2007087652 A (hereinafter "JP'652") in view of CN 106663772 B (hereinafter "CN'772").
As to Claim 6: JP'652 discloses a module, comprising (JP'652, Pgs. 3, 16, disclosing assembling a plurality of batteries into a pack for external equipment and vehicle power sources); a plurality of the batteries of claim 1 (see the rejection of claim 1; see also JP'652, Pg. 12, under "Example 1", disclosing manufacturing 100 nonaqueous electrolyte batteries; Pg. 16, disclosing charging and drop-testing the fabricated batteries assembled into a pack; Table 1); and housing the plurality of batteries (JP'652, Pgs. 3, 16, disclosing packaging the batteries into an external device and assembling the batteries into a pack).
However, JP'652 does not explicitly disclose a case that houses the plurality of batteries.
CN'772 discloses a module comprising a plurality of batteries and a case that houses the plurality of batteries (CN'772, Pgs. 3, 6). Specifically, CN'772 discloses secondary batteries used as power sources for electric vehicles (EV) or hybrid electric vehicles (HEV) and teaches that "the secondary battery 110 is installed in the box, and are stacked and assembled into a module or package" (CN'772, Pg. 6). Thus, CN'772 teaches housing a plurality of stacked secondary batteries inside a box (case) to form an assembled battery module.
JP'652 and CN'772 are analogous arts because both references are in the same field of endeavor of secondary batteries (specifically, non-aqueous electrolyte secondary batteries comprising stacked electrode assemblies sealed in exterior casings), and both references are reasonably pertinent to the particular problem of packaging, housing, and assembling a plurality of secondary battery cells into modules or packs to provide power for external equipment or vehicles while protecting the battery cells against external impact and vibration during transportation and operation (JP'652, Pgs. 1–3, 16; CN'772, Pgs. 3, 6).
It would have been obvious to a person skilled in the art before the effective filing date of the instant application to house the plurality of batteries of JP'652 inside a box (case) to assemble a module as taught by CN'772, in order to mechanically protect the stacked battery cells, facilitate their handling and electrical integration, and provide a secure, shock-resistant modular power source suitable for vehicular and external equipment applications as taught by JP'652 and CN'772.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY K VO whose telephone number is (571)272-3242. The examiner can normally be reached Monday - Friday, 8 am to 6 pm EST.
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/JIMMY VO/
Primary Examiner
Art Unit 1723
/JIMMY VO/ Primary Examiner, Art Unit 1723
Prosecution Insights