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 Objections
Claims 2, 5 and 17 are objected to because of the following informalities:
Claims 2 and 17 recite, “wherein the electrode assembly further comprises a bent portion extending in the first direction and bent along the second direction”. The underlined portion created a geometric ambiguity because it implies the axis of the fold rather than the direction the material actually travels as it bends. Examiner suggests amending the claim as: --wherein the electrode assembly further comprises a bent portion extending in the first direction and bent toward the second direction--.
Claim 15 recites, “wherein the electrode assembly has a length L in the first direction, the first layer located in the first side group has a length L1 in the first direction, and a second layer located in the second side group has a length L2 in the first direction, wherein L1<L2<L.” The underlined recitation makes an improper and confusing antecedent reference because the term “a second layer” lacks clear antecedent basis or definition as to whether it refers to the second conductive layer or an additional insulating layer/first layer (i.e., insulating layer) in the second side group. According to the instant application, reference was intended to have been made to an additional insulating layer/first layer (i.e., insulating layer) in the second side group. Thus, Examiner suggests amending the claim as: --wherein the electrode assembly has a length L in the first direction, the first layer located in the first side group has a length L1 in the first direction, and the first layer located in the second side group has a length L2 in the first direction, wherein L1<L2<L.--
Appropriate correction is required.
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 1-20 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 introduces the electrode assembly as comprising a singular "a first conductive layer". Subsequently, Claim 1 requires that “the first conductive layer comprises a plurality of sides opposite to the first side surface in the first direction, wherein the plurality of sides comprise a first side group formed by more than two first sides arranged consecutively and a second side group formed by more than two second sides arranged consecutively in a second direction".
A single, individual layer or sheet of material cannot physically possess more than four total terminal sides or edges, nor can it possess more than two distinct, disjointed sides arranged consecutively along a single transverse direction (the second direction). While the specification in paragraph [0123] and FIG. 2 illustrates a stack comprising a plurality of distinct first conductive layers (113, 116, 117, 118, 119) distributed along the Z-axis, Claim 1 fails to recite a plurality of first conductive layers. Consequently, the metes and bounds of how a single conductive layer is partitioned into at least five or more distinct "sides" distributed along the second direction are unclear, leaving the structural identity of the layer indefinite. Furthermore, even under the wound embodiment introduced in Claim 5, Claim 1 fails to define the "first sides" and "second sides" as terminal cut edges or turn passes of consecutive turns of a wound web, leaving the claimed "sides" devoid of defined structural boundaries.
Moreover, the term "sides" in Claim 1 is used inconsistently and ambiguously. The claim utilizes "first side surface" to define an exterior boundary wall of the outer housing 41, while simultaneously using "sides" to define exposed end margins, cut edges, or tab transitions of the internal electrode assembly. In standard planar electrode geometry, sheets possess opposing planar "faces" bounded by perimeter "edges". Designating internal layer edges across a composite stack or roll as "sides" of a single layer renders the physical boundaries of the claimed subject matter vague and indefinite.
Claims 2–20 are rejected under 35 U.S.C. § 112(b) by virtue of their dependency on indefinite independent Claim 1.
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.
Claim(s) 1, 5, 8-12, 14, 16 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nishimori (JP2018010713A – foreign copy and machine translations attached).
Regarding Claim 1, Nishimori discloses a secondary battery 100 comprising:
an electrode assembly (wound electrode group 40) comprising a first conductive layer (positive electrode sheet 41), a second conductive layer (negative electrode sheet 42), and a first layer disposed between the first conductive layer and the second conductive layer, wherein the first layer contains an insulating material (separators 43,44);
a first conductive plate (positive current collector terminal/lead 20A/30A) connected to the first conductive layer (positive foil exposed part 41e) and extending in a first direction (vertically toward cover 12) from the first conductive layer;
a housing (case 10 comprising battery can 11 and cover 12) encapsulating the electrode assembly and covering at least part of the first conductive plate, wherein
the housing comprises a first side surface (cover 12) opposite to the electrode assembly in the first direction,
the first conductive layer comprises a plurality of sides (exposed wound turn edges of 41e) opposite to the first side surface in the first direction, wherein the plurality of sides comprise a first side group formed by more than two first sides arranged consecutively (wound turns of region 40a) and a second side group formed by more than two second sides arranged consecutively in a second direction (wound turns of outer flat region 40b arranged along thickness direction), the second direction is perpendicular to the first direction, and In the first direction, distances from the first sides in the first side group (central turns 40a having shorter extension length L1e) to the first side surface are all greater than distances from the second sides in the second side group (outer turns 40b having longer extension length L1d, where L1d = L1e + d) to the first side surface [pars. 0030-50; Figs. 1,3,7).
Regarding Claims 5 and 20, Nishimori explicitly discloses that the electrode assembly is formed by winding the first conductive layer, the first layer, and the second conductive layer around a winding axis (axis extending in the first direction / horizontal axis).
Regarding Claims 8 and 14, Nishimori discloses that open spaces/cavities (50, 51) are formed between the stepped side groups (40a, 40b) and the housing wall to accommodate clearance and electrolyte/gas.
Regarding Claims 9-10, Nishimori discloses that the first conductive layer is a positive electrode and the collector layer comprises aluminum foil.
Regarding Claims 11-12, Nishimori discloses that the second conductive layer is a negative electrode and the collector layer comprises copper foil.
Regarding Claim 16, Nishimori discloses an electronic apparatus (e.g., vehicle) powered by the battery.
Claims 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamamoto (JP2017084680A; foreign copy and machine translation attached).
Regarding Claim 1, Yamamoto discloses a battery (energy storage element 100) comprising:
an electrode assembly (electrode body 20) comprising a first conductive layer (positive electrode 21), a second conductive layer (negative electrode 22), and a first layer disposed between the first conductive layer and the second conductive layer, wherein the first layer contains an insulating material (separator 13) [pars. 0024-25; Figs. 1-3, 5];
a first conductive plate (terminal 30 with terminal body 31) connected to the first conductive layer and extending in a first direction (vertical Z-direction toward lid body 12) from the first conductive layer [par. 0047; Figs. 1-5]; and
a housing (container 10) encapsulating the electrode assembly and covering at least part of the first conductive plate, wherein the housing comprises a first side surface (i.e., inner surface of lid body 12) opposite to the electrode assembly in the first direction [Figs. 1-3,5], wherein
the first conductive layer comprises a plurality of sides opposite to the first side surface in the first direction, wherein the plurality of sides comprise a first side group formed by more than two first sides arranged consecutively (portion including counterbore 27 with bottom surface portion 27a) and a second side group formed by more than two second sides arranged consecutively (portion outside of the counterbore 27) in a second direction (Y-direction), the second direction is perpendicular to the first direction [Figs. 3,5]; and
in the first direction, distances from the first sides in the first side group to the first side surface are all greater than distances from the second sides in the second side group to the first side surface [Figs. 3,5].
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.
Claims 1, 5-16 and 20 are rejected under 35 U.S.C. 103 as unpatentable over Shinoda (US20200251787A1) in view of Yang (US20200381765A1).
Regarding Claim 1, Shinoda discloses a battery 10 [pars. 0116,0126-0128; Figs. 1,85-89], comprising:
an electrode assembly 25, comprising a first conductive layer (positive electrode 31), a second conductive layer (negative electrode 32), and a first layer (separator 33) disposed between the first conductive layer and the second conductive layer, wherein the first layer contains an insulating material [pars. 0127-0130,0177-0179; Fig. 88];
a first conductive plate (positive electrode lead 26), connected to the first conductive layer (positive collector 51A) and extending in a first direction from the first conductive layer [pars. 0121, 0186-0187,0313; Figs. 2,85,87]; and
a housing (casing 20), encapsulating the electrode assembly and covering at least a part of the first conductive plate [pars. 0118,0121-0123; Figs. 1,85], wherein
the housing comprises a first side surface (top wall/cover 20f or side wall 20b) opposite to the electrode assembly in the first direction [pars. 0118,0121-0123,0132; Figs. 1,85];
the first conductive layer comprises a plurality of sides opposite to the first side surface in the first direction, wherein the plurality of sides comprise a first side group formed by more than two first sides arranged consecutively and a second side group formed by more than two second sides arranged consecutively in a second direction [pars. 0128,0134,0300,0303-0308; Figs. 86,88-89];
the second direction is perpendicular to the first direction [pars. 0114,0135; Figs. 1,85,88]; and
in the first direction, distances from the first sides in the first side group (recessed base edges 53m/51db) to the first side surface are all greater than distances from the second sides in the second side group (protruding collector-tab group edges 51n/51da) to the first side surface [pars. 0303,0308; Fig. 89].
Shinoda fails to explicitly disclose orienting the winding axis in the vertical height direction (first direction) from which the lead plates protrude while simultaneously cutting the top edges of the wound layers across the thickness direction (second direction) into the stepped side group profile [pars. 0128-0130; Figs. 1,85,88].
Yang discloses a battery having an electrode assembly (first electrode sheet 100, second electrode sheet 200) encapsulated in a housing [pars. 0008,0036-0037; Figs. 1-4], wherein lead tabs (first tab 110, second tab 210) protrude from the top end of the electrode assembly in the vertical height direction toward a top seal [pars. 0008,0042; Figs. 1,4], and where the electrode sheets are stacked or wound along a core/axis with their take-off edges facing the top seal [pars. 0037,0050-0051; Figs. 1,3-4], and further teaches managing clearance and spacing adjacent to the protruding tabs to prevent collapsing and top seal deformation [pars. 0004,0035,0055; Fig. 4]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to modify the battery of Shinoda by orienting the winding axis and tab lead take-off direction vertically toward the top casing surface as taught by Yang [pars. 0008,0037; Figs. 1, 4], and trimming the top edges of the consecutive layers across the thickness into stepped side groups as taught by Shinoda [pars. 0300,0303,0307-0308; Figs. 86,88-89], in order to form a stable buffer cavity between the electrode assembly edge and the housing wall to store excess electrolyte and gas, and to provide clearance that reduces the risk of active material powder falling and corner damage during battery impact or dropping.
Regarding Claim 5, modified Shinoda discloses the battery of Claim 1, and further discloses that the electrode assembly is formed by stacking or winding the first conductive layer, the first layer, and the second conductive layer, and a direction of a winding axis of the electrode assembly is the first direction [Shinoda – pars. 0128-129; Fig. 86,88; Yang – pars. 0037,0042,0050-51; Figs. 1,4].
Regarding Claim 6, modified Shinoda discloses the battery of Claim 1, and further discloses that the first conductive layer comprises a first region (power generator 50) and a first protrusion portion (collector-tab group 51n) [pars. 0147,0150,0301-0303; Fig. 89]; a distance between the first side surface (housing wall) and the first region in the first direction is greater than a distance between the first side (base edge 51db) and the first side surface [pars. 0303,0308; Fig. 89]; and a distance between the first protrusion portion (collector-tab group 51n) and the first side surface is less than the distance between the first side (base edge 51db) and the first side surface [pars. 0303,0308; Fig. 89].
Regarding Claim 7, modified Shinoda discloses the battery of Claim 6, and further discloses that the first protrusion portion (collector-tab group 51n) is bent between the first region (power generator 50) and the first side surface of the casing [pars. 0305,0321; Figs. 85,90].
Regarding Claim 8, modified Shinoda discloses the battery of Claim 7, and further discloses that a first cavity (depression 51j) is formed between the first side group (base 53m) and the housing (casing 20) [pars. 0307-0310; Figs. 86,89], and the first protrusion portion (collector-tab group 51n) is bent in the first cavity [pars. 0309,0321,0331-0332; Figs. 85,90].
Regarding Claim 9, modified Shinoda discloses the battery of Claim 1, and further discloses that the first conductive layer is a positive electrode [pars. 0127,0147; Fig. 8].
Regarding Claim 10, modified Shinoda discloses the battery of Claim 1, and further discloses that the first conductive layer comprises a first conductor layer (positive collector 41), and the first conductor layer comprises aluminum [par. 0148; Fig. 8].
Regarding Claim 11, modified Shinoda discloses the battery of Claim 1, and further discloses that the second conductive layer is a negative electrode 32 [pars. 0127,0156; Fig. 8].
Regarding Claim 12, modified Shinoda discloses the battery of Claim 1, and further discloses that the second conductive layer comprises a second conductor layer (negative collector 45), and the second conductor layer comprises copper [par. 0157; Fig. 8].
Regarding Claim 13, modified Shinoda discloses the battery of Claim 8, and further discloses that the first conductive layer is a positive electrode [pars. 0127,0148; Fig. 8], and the second conductive layer is a negative electrode [pars. 0127,0156; Fig. 8].
Regarding Claim 14, modified Shinoda discloses the battery of Claim 1, and further discloses that cut parts 51d are located at opposite ends/sides defining multiple recessed spaces, such that a second cavity (depression 51j) is formed between the second side group and the housing [pars. 0204,0307-0310; Figs. 86,89].
Regarding Claim 15, modified Shinoda discloses the battery of Claim 1, and Shinoda further discloses that the electrode assembly has a length L in the first direction [pars. 0140,0191-0192; Figs. 6,88], and cut parts 25d/51d are formed through the laminated base material (including positive electrode 31, negative electrode 32, and separator 33) across varying depths using a laser cutter to create stepped cuts [pars. 0191-0192,0206,0300,0347; Figs. 17,88-89].
Shinoda and Yang fail to explicitly recite the dimensional relationship wherein the first layer (separator) located in the first side group has a length L1 in the first direction, and a second layer located in the second side group has a length L2 in the first direction, where L1 <L2 <L.
However, conventional electrode assembly trimming techniques in secondary battery fabrication dictate trimming the insulating separator layers to track the stepped active edge contours while maintaining an overhang beyond active material layers to ensure physical separation and prevent internal short circuits [pars. 0128,0168,0178-0179]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to trim the first layer (separator) across the stepped profile of Shinoda such that the portion in the deeper recessed first side group has length L1 and the portion in the shallower recessed second side group has length L2, both being less than the uncut electrode assembly length L (L1 <L2 <L), in order to ensure complete electrical insulation between adjacent electrodes while minimizing excess separator bulk within the formed cavities [pars. 0128,0178-0179,0204,0309].
Regarding Claim 16, modified Shinoda discloses the battery of Claim 1. Shinoda fails to explicitly show the battery incorporated into an electronic apparatus [pars. 0116-0120; Fig. 1]. Yang discloses an electronic device comprising the battery [pars. 0017,0056, Claim 20]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to incorporate the battery of Shinoda and Yang into an electronic apparatus as taught by Yang to provide electrical operating power to the device [pars. 0017,0056].
Regarding Claim 20, modified Shinoda discloses the battery of Claim 16, and further discloses that the electrode assembly is formed by stacking or winding the first conductive layer, the first layer, and the second conductive layer, and a direction of a winding axis of the electrode assembly is the first direction [Shinoda – pars. 0128-129; Fig. 86,88; Yang – pars. 0037,0042,0050-51; Figs. 1,4].
Claims 2, 3, 4, 17, 18, and 19 are rejected under 35 U.S.C. 103 as unpatentable over Shinoda (US20200251787 A1) and Yang (US 20200381765A1), as applied to claims 1 and 16, respectively, and further in view of Watanabe (JP5772364B2; foreign copy and machine translation attached) or Yamamoto (JP2017084680A; foreign copy and machine translation attached).
Regarding Claim 2, modified Shinoda discloses the battery of Claim 1, and further discloses that the electrode assembly comprises a bent portion (collector-tab group 51n) extending in the first direction and bent along the second direction (direction of arrow E) [pars. 0305,0321-0322,0331; Figs. 85,90]. Shinoda and Yang fail to explicitly disclose bending a tab portion extending along the height of a flat wound cell in the thickness direction within a top seal space.
Watanabe discloses flat wound electrode assemblies wherein laminated conductive tab foil extensions (11X, 16X) extending in the first direction are folded or bent along the thickness direction (AX/DX) to reduce dead volume and improve connection rigidity [pars. 0018-0020; Figs. 1(a)-1(b),2(a)-2(b)]. Yamamoto likewise discloses bending laminated tab bundles along the stacking/thickness direction within the casing cavity [par. 0035; Figs. 1-3,6]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to modify the battery of Shinoda and Yang to include a bent portion extending in the first direction and bent along the second direction as taught by Watanabe [pars. 0018-0020; Figs. 1(a)-1(b), 2(a)-2(b)] or Yamamoto [par. 0035; Figs. 1-3, 6], in order to minimize dead volume within the casing, protect the tabs from external shock, and facilitate compact packaging.
Regarding Claim 3, modified Shinoda discloses the battery of Claim 2, and further discloses that the electrode assembly comprises a portion (collector-tab group 51n) protruding from the second side group to the first side group in the second direction when folded back across the thickness direction [pars. 0303,0321; Figs. 85,90].
Regarding Claim 4, modified Shinoda discloses the battery of Claim 2, and further discloses that the connecting surface 226c and tab portions are inclined at an angle of 15° to 75° relative to the wall/axial direction [pars. 0326-0328; Figs. 91-93], such that viewed in the second direction, a first straight line connecting adjacent two of the first sides in the first side group is intersected with a second straight line coincident with the first side surface [pars. 0326-0328; Figs. 91-93]. Watanabe and Yamamoto likewise disclose angled tab paths bent obliquely toward a casing wall [Watanabe – par. 0035; Figs. 6-7; Yamamoto – pars. 0018-0020; Fig. 1].
Regarding Claim 17, modified Shinoda discloses the electronic apparatus of Claim 16, and further discloses the bent portion extending in the first direction and bent along the second direction as recited in Claim 2 [pars. 0305,0321-0322; Figs. 85, 90], which is further taught by Watanabe [pars. 0018-0020; Figs. 1(a)-1(b), 2(a)-2(b)] or Yamamoto [par. 0035; Figs. 1-3, 6].
Regarding Claim 18, modified Shinoda discloses the electronic apparatus of Claim 17, and further discloses that the electrode assembly comprises a portion protruding from the second side group to the first side group in the second direction [pars. 0303,0321; Figs. 85,90].
Regarding Claim 19, modified Shinoda discloses the electronic apparatus of Claim 17, and further discloses the intersection of the first straight line connecting adjacent two of the first sides with the second straight line coincident with the first side surface [pars. 0326-0328; Figs. 91-93].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAROON S SHEIKH whose telephone number is (571)270-0302. The examiner can normally be reached 9-6.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, JONATHAN LEONG can be reached at (571) 270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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HAROON S. SHEIKH
Primary Examiner
Art Unit 1751
/Haroon S. Sheikh/ Primary Examiner, Art Unit 1751
Prosecution Insights