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 statements (IDS) submitted on 11/05/2024 and 07/08/2026 have been considered by the examiner.
Specification
The disclosure is objected to because of the following informalities: In paragraph [0072], reference number 150 is designated as both the “second terminal” and the “first terminal”.
Appropriate correction is required.
The disclosure is objected to because of the following informalities: In paragraph [0072], “first terminal groove” is referred to as reference number 152, while in paragraph [0067], “first terminal groove” is referred to as reference number 132.
Appropriate correction is required.
The disclosure is objected to because of the following informalities: In paragraph [0072], “first terminal plate” is referred to as reference number 151, while in paragraph [0070], “first terminal plate” is referred to as reference number 131.
Appropriate correction is required.
The disclosure is objected to because of the following informalities: In paragraph [0073], reference number 151 refers to the “second terminal plate”, while in paragraph [0072], reference number 151 refers to the “first terminal plate”.
Appropriate correction is required.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the Z-stack electrode assembly of claim 13 and the clad sheet of claim 16 must be shown or the features canceled from the claims. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference signs mentioned in the description: 170 of the first cap assembly and 180 of the second cap assembly. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 3 is 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 pre-AIA the applicant regards as the invention.
Claim 3 recites the limitation "an elastically deformable material having any of a C-type, an Ω type, a convex type, a bridge type, and a bellows type" in lines 3-4. There is an indefinite scope in the claim wherein one of ordinary skill in the art can interpret the claim as an elastically deformable material having any one of a C-type, an Ω type, a convex type, a bridge type, and a bellows type wherein the elastically deformable material has any singular type of the list of types listed within claim 3. One of ordinary skill in the art may also interpret the claim as an elastically deformable material having all of a C-type, an Ω type, a convex type, a bridge type, and a bellows type wherein the elastically deformable material has all or a plurality of the types listed within claim 3. For purposes of examination, the examiner will interpret the claim “as an elastically deformable material having any of a C-type, an Ω type, a convex type, a bridge type, and a bellows type” as an elastically deformable material having any one of a C-type, an Ω type, a convex type, a bridge type, and a bellows type wherein the elastically deformable material has any singular type of the list of types listed within claim 3.
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.
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 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.
Claims 1, 3-7, 12 and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi et al. (WO 2021/241939 A1, references made to US equivalent, US 2022/0302533 A1).
Regarding claim 1, Choi discloses a secondary battery (Annotated Choi Fig. 3, secondary battery 1), comprising:
an electrode assembly (Annotated Choi Fig. 3, electrode assembly 10) comprising a first electrode tab (anode tab 11b) and a second electrode tab (cathode tab 13b);
a collector (Annotated Choi Fig. 4A, anode current collector 530) electrically coupled to the electrode assembly (Claim 5);
a case (Annotated Choi Fig. 3 and para. [0046], case 30) configured to accommodate the electrode assembly (electrode assembly 10) and the collector (anode current collector 530);
a cap plate (Annotated Choi Fig. 4a, cap plate 510) configured to seal an opening of the case (para. [0050]); and
a terminal (Annotated Choi Fig. 4a, anode terminal 520) electrically coupled to the collector (anode current collector 530) and exposed to an outside of the cap plate (cap plate 510) (Para. [0052-0053] describes an anode terminal 520 which is comprised of a terminal plate 522, a terminal pin 524, and an anode current collector 530 wherein the terminal plate 522 is electrically coupled to the anode current connector 530 through terminal pin 524.),
wherein the collector comprises a first collector plate (Annotated Choi Fig. 4a, auxiliary current collector plate 534) at a side of the electrode assembly and a second collector plate (main current collector plate 532) at a side of the terminal,
the first collector plate comprises:
a central portion that is in contact with the second collector plate (Annotated Choi Fig. 4a, denoted by arrow);
an edge portion extending from the central portion in opposite directions and coupled to the electrode assembly (Annotated Choi Fig. 4a, denoted by arrow); and
a connection portion located between the central portion and the edge portion in a direction from the central portion to the edge portion,
the connection portion comprising at least one bent part (Annotated Choi Fig. 4a, denoted by arrow).
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Annotated Choi Fig. 3: A secondary battery comprised of an electrode assembly (10), first (11b) and second (13b) electrode tabs and a case (30) configured to accommodate the electrode assembly.
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Annotated Choi Fig. 4a: A secondary battery comprised of a terminal (520), a cap plate (510), and a collector (530) wherein the collector includes a first collector plate (534) and a second collector plate (532). The first collector plate is comprised of a central portion, an edge portion, and a connection portion (portions denoted by arrows).
Regarding claim 3, Choi discloses the secondary battery as discussed in claim 1,
wherein the connection portion is provided as an elastically deformable material having any of a C-type, an Ω type, a convex type, a bridge type, and a bellows type (Annotated Choi Fig. 4a depicts an auxiliary current collector plate 534 having a C-shape and a bridge shape. Due to the shape of auxiliary current collector plate 534, one of ordinary skill in the art would determine that auxiliary current collector plate 534 has a degree of elastic deformability due to the function it serves within the battery as disclosed by Choi.).
Regarding claim 4, Choi discloses the secondary battery as discussed in claim 1,
wherein, in the central portion, a central area protrudes outward, (Annotated Choi Fig. 4a.1 depicts a terminal pin 524 which protrudes outward from the central area of the central portion.)
and an outer surface (outer surface of pin insertion part 532a) is coupled to an inside of the second collector plate (Annotated Choi Fig. 4a.1 depicts the outer surface of pin insertion part 532a coupled to an inside of main current collector plate 532.).
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Annotated Choi Fig. 4a.1: A secondary battery wherein a central portion (denoted by arrow) protrudes outward and an outer surface (532a) is connected to an inner surface of a second collector plate (532).
Regarding claim 5, Choi discloses the secondary battery as discussed in claim 1,
wherein the first collector plate and the second collector plate are integrated with each other (Para. [0057] state that first collector plate (auxiliary current collector plate 534) and second collector plate (main current collector plate 532) may be connected by laser welding.).
Regarding claim 6, Choi discloses the secondary battery as discussed in claim 1,
wherein the first collector plate and the second collector plate are separably provided (Choi Fig. 4a and para. [0057] state that main current collector plate 532 and auxiliary current collector plate 534 may be electrically connected to one another since two anode current collectors are depicted.).
Regarding claim 7, Choi discloses the secondary battery as discussed in claim 1,
further comprising a protrusion protruding outward on a central area of the second collector plate (Annotated Choi Fig. 4a.1 depicts terminal pin 524 protruding upward on a central area of main current collector plate 532.).
Regarding claim 12, Choi discloses the secondary battery as discussed in claim 1,
further comprising an insulating member (first insulating member 526 and second insulating member 528) between the terminal and the cap plate (Annotated Choi Fig. 4a.2 and paras. [0054-0055] depict first and second insulating members inserted between terminal plate (522), terminal pin (524), and cap plate (510) to insulate the anode terminal from the cap plate.).
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Annotated Choi Fig. 4a.2: A secondary battery wherein first (526) and second (528) insulating members are positioned between a terminal (522, 524) and a cap plate (510).
Regarding claim 17, Choi discloses the secondary battery as discussed in claim 1, wherein:
the first electrode tab (anode tab 11b) and the second electrode tab (cathode tab 13b) are extended at opposite sides of the electrode assembly (Annotated Choi Fig. 3.1 and para. [0044] illustrate both the anode tab 11b and the cathode tab 13b are disposed to face each other along the longitudinal direction of the winding axis of electrode assembly 10.), respectively,
the cap plate comprises a first cap plate that seals a first side opening of the case having sides open (Annotated Choi Fig. 3.1), and
a second cap plate that seals a second side opening of the case opposite the first side opening (Annotated Choi Fig. 3.1),
the terminal comprises a first terminal (anode terminal 520) coupled to the first cap plate (cap plate 510) and a second terminal (cathode terminal 620) coupled to the second cap plate (cap plate 610) (Para. [0049] mentions that anode terminal 520 is coupled to cap plate 510, whereas para. [0063] states that cathode terminal 620 may be coupled to cap plate 610.),
the collector comprises a first collector (anode current collector 530) between the first cap plate (cap plate 510) and the first electrode tab (anode tab 11b), and a second collector (cathode current collector 630) between the second cap plate (cap plate 610) and the second electrode tab (cathode tab 13b) (Annotated Choi Fig. 3.1).
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Annotated Choi Fig. 3.1: A secondary battery (1) wherein first (11b) and second (13b) electrode tabs are disposed on opposite sides of an electrode assembly (10). A cap plate is comprised of a first cap plate (510) and a second cap plate (610) which cover openings on opposite sides of case 30. A terminal is comprised of a first terminal (520) and a second terminal (620) and a collector includes a first collector (530) disposed between the first cap plate and the first electrode tab and a second collector (630) positioned between the second cap plate and the second electrode tab.
Claim Rejections - 35 USC § 103
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.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 2 is rejected under 35 U.S.C. 103 as being unpatentable over Choi, as applied to claim 1 above, and in further view of Du et al. (CN 217562780 U).
Regarding claim 2, Choi discloses the secondary battery as discussed in claim 1.
Choi fails to disclose the connection that comprises of a first flat part extending from the central portion of the connection portion; a first bent part extending from the first flat part; a second flat part extending from the first bent part; a second bent part extending from the second flat part; and a third flat part extending from the second bent part.
However, Du discloses a connection portion comprising of a first flat part (current collector plate 40) extending from a central portion of the current collector 40. (Annotated Du Fig. 3). The connection portion further comprises of a first bent part (first bend 31) extending from the first flat part; a second flat part (adapter piece 30) extending from the first bent part; a second bent part (second bend 32) extending from the second flat part; and a third flat part (connecting part 33) extending from the second bent part.
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Annotated Du Fig. 3: A connection portion comprising a first flat part (40), a first bent part (31), a second flat part (30), a second bent part (32), and a third flat part (33).
Choi and Du are considered to be analogous to the claimed invention because they are in the same art of developing batteries that possess high energy density, high electrical output, and increased stability. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Choi to incorporate the teaching of a connection portion that comprises of a first flat part extending from the central portion of the connection portion; a first bent part extending from the first flat part; a second flat part extending from the first bent part; a second bent part extending from the second flat part; and a third flat part extending from the second bent part disclosed by Du to provide a buffering force for preventing breaking under long-term vibration, thus ensuring the secondary battery’s improved stability (Para. [0071]). Furthermore, the simple substitution of one known element for another (one connection member for another) is likely to be obvious to one of ordinary skill in the art when the results of the substitution would have been predictable (connecting the electrode tabs and the current collectors to the battery terminal). See MPEP 2141. III. (B).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Choi, as applied to claim 1 above, and in further view of Doo et al. (KR 20220023100 A, references made to US equivalent US 2023/0318099 A1).
Regarding claim 3, Choi discloses the secondary battery as discussed in claim 1.
Choi appears to teach a C-type and a bridge type connection portion (lead 149) wherein, based on the structure and function of the connection portion, the material would have some measurable elastic deformability. However, Choi fails to disclose the material comprising auxiliary current collector plate 534 and fails to disclose that the material is elastically deformable.
However, Doo discloses an elastic part that is elastically deformable, enabling the elastic part to change into various forms (Paras. [0050-0053]).
Choi and Doo are considered analogous to the claimed invention because they are in the same art of developing secondary batteries that possess high energy density, high electrical output, and increased stability. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Choi to utilize an elastically deformable material for the connection portion as disclosed by Doo to provide a connection portion with an elastically deformable material for improved shock absorption caused by external vibrations, thus ensuring the secondary battery’s enhanced stability and improved battery life (Para. [0050-0053]) and use of known techniques to improve similar methods in the same way is obvious. See MPEP 2141. III. (C).
Claims 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Choi, as applied to claims 1 and 7 above, and in further view of Chen et al. (US 2020/0365838 A1).
Regarding claim 8, Choi discloses the secondary battery as discussed in claim 7.
Choi fails to disclose an outer surface of the protrusion is in contact and welded to an inner surface of a first terminal.
However, Chen discloses a protrusion (extending portion 142) of a current collecting member (14) wherein the outer surface of the protrusion is in contact with and welded to the inner surface of a terminal electrode (132) (Annotated Chen Fig. 4, Para. [0055]).
Choi and Chen are considered analogous to the claimed invention because they are in the same field of developing secondary batteries that possess high energy density, high electrical output, and increased stability. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Choi to incorporate the teachings of an outer surface of a protrusion that is in contact with and welded to an inner surface of a first terminal as disclosed by Chen to improve reliability of a welding connection between a protrusion and a first terminal, thus reducing the possibility that a false welding occurs due to poor contact between a current collecting member and an electrode terminal (Chen, Para. [0055]). Furthermore, the claimed limitations are obvious because all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results. See MPEP 2141. III. (A).
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Annotated Chen Fig. 4: Outer surface of protrusion (current collecting member 14) in contact with and welded to an inner surface of electrode terminal 132.
Regarding claim 9, Choi discloses a terminal which has a terminal groove at a position corresponding to the protrusion (Annotated Choi Fig. 4a.3. para. [0053] explains that a coupling portion in the form of a through hole or a groove to which terminal pin 524 is coupled is formed on a lower surface of terminal plate 522.).
Regarding claim 10, Choi discloses a terminal which is comprised of a terminal plate, and the protrusion is in contact with an area of the terminal plate, which is adjacent to the terminal groove (Annotated Choi Fig. 4a.3).
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Annotated Choi Fig. 4a.3: A secondary battery wherein a terminal groove (denoted by arrow) is in a position corresponding to the protrusion (terminal pin 524). A terminal plate (522) is in contact with terminal pin 524 and is adjacent to said terminal groove.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Choi, as modified by Chen, as applied to claim 9 above, and in further view of Kang et al. (US 2024/0128608 A1).
Regarding claim 11, Choi, as modified by Chen, discloses the secondary battery as discussed in claim 9.
Choi, as modified by Chen, fails to disclose the first terminal groove possessing a diameter at a size less than the protrusion.
However, Kang discloses a protrusion (terminal coupling portion 42) possessing a maximum diameter than may be greater than a maximum diameter of a terminal groove (G) that is adjacent to a first current collector (60) which is coupled to the protruding terminal coupling portion. (Annotated Kang Fig. 6).
Choi, Chen and Kang are all considered analogous to the claimed invention because they are in the same field of developing secondary batteries that possess high energy density, high electrical output, and increased stability. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Choi in view of Chen to incorporate the teachings of a protrusion possessing a greater diameter than the corresponding terminal groove as disclosed by Kang to electrically isolate the first electrode terminal from the second electrode terminal, thus keeping the first electrode terminal and the second electrode terminal spaced apart from one another (Kang, Para. [0086]) and use of known techniques to improve similar methods in the same way is obvious. See MPEP 2141. III (C).
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Annotated Kang Fig. 6: Terminal groove (G) with a diameter size less than that of a protrusion (terminal coupling portion 42).
Claims 13-15 and 18-20 are rejected under 35 U.S.C. 103 as being unpatentable over Choi, as applied to claim 1, and in further view of Wakimoto et al. (US 2018/0375070 A1).
Regarding Claim 13, Choi discloses the secondary battery as discussed in claim 1.
Choi fails to disclose an electrode assembly comprising a Z-stack electrode assembly wherein a positive electrode plate is inserted on a one side of a separator and a negative electrode plate is inserted on a other side of the one side of the separator, wherein the separator is bent in the form of a Z-stack.
However, Wakimoto discloses a Z-stack electrode assembly wherein positive electrode plates and negative electrode plates are repeatedly stacked together with a separator in between each plate. A strip-shaped separator may be used wherein the separator may be folded in a zigzag pattern, wherein one of ordinary skill in the art would recognize this separator to be bent in the form of a Z-stack (para. [0071]).
Choi and Wakimoto are both considered analogous to the claimed invention because they are in the same field of developing secondary batteries that possess high energy density, high electrical output, and increased stability. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified Choi to incorporate the teachings of a Z-stack electrode assembly wherein a positive electrode plate and a negative electrode plate are inserted on opposite sides of a separator that is bent in the form of a Z-stack as disclosed by Wakimoto to prevent displacement between the positive electrode plates, the negative electrode plates, and the separators within the secondary battery enhance the performance and safety of a secondary battery (para. [0084]) and use of known techniques to improve similar methods in the same way is obvious. See MPEP 2141. III. (C).
Regarding Claims 14 and 15, Wakimoto further discloses wherein, in the electrode assembly, the separator is fixed by a glue member, of instant claim 14 (Para. [0071] explains that in the electrode assembly (electrode body 3), a glue member (adhesive layer) is used to bond the separators to both the positive electrode plates 4 and the negative electrode plates 5.), and wherein the glue member is located inside the collector, of instant claim 15 (Wakimoto Fig. 2 illustrates that the glue member is housed in the electrode body, wherein the electrode body is located inside both the negative-electrode current collector 9 and the positive-electrode current collector 6.).
Regarding Claim 18, Choi discloses the secondary battery as discussed in claim 17.
Choi fails to disclose wherein the first collector passes through the first cap plate and electrically connects the first electrode tab and the first terminal, and the second collector passes through the second cap plate and electrically connects the second electrode and the second terminal.
However, Wakimoto discloses wherein the first collector passes through the first cap plate and electrically connects the first electrode tab and the first terminal (Para. [0076] discusses that first collector (negative-electrode current collector 9) is welded to flange portion 10a of the negative electrode terminal 10, making the current collector and the terminal an integral structure. Para. [0057] states that negative electrode terminal 10 extends through the first cap plate (a first region of sealing plate 2, wherein the first and second regions of the sealing plate are divided by gas discharge valve 19) and, furthermore, discloses that first electrode tab (negative-electrode tab group 50) is electrically connected to the first terminal (negative electrode terminal 10) via first collector. (Annotated Wakimoto Fig. 2)), and
the second collector passes through the second cap plate and electrically connects the second electrode tab and the second terminal (Para. [0076] discusses that second collector (positive-electrode current collector 6) is welded to flange portion 7a of the positive electrode terminal 7, making the current collector and the terminal an integral structure. Para. [0057] states that positive electrode terminal 7 extends through the second cap plate (a second region of sealing plate 2) and, furthermore, discloses that second electrode tab (positive-electrode tab group 40) is electrically connected to the second terminal (positive electrode terminal 7) via second collector. (Annotated Wakimoto Fig. 2)).
Choi and Wakimoto are both considered to be analogous to the claimed invention because they are in the same field of developing secondary batteries that possess high energy density, high electrical output, and increased stability. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the secondary battery of Choi to include a first collector passing through a first cap plate and electrically connecting a first electrode tab and a first terminal and a second collector passing through a second cap plate and electrically connecting a second electrode tab and a second terminal because Wakimoto teaches that a secondary battery comprised of a terminal upset at a position outside the cap plate prevents a burr from entering the inside of the electrode body and short-circuiting the positive and negative electrode plates, improving the electrical output and stability of the secondary battery (para. [0013]) and use of known techniques to improve similar methods in the same way is obvious. See MPEP 2141. III. (C).
Regarding Claim 19, Choi discloses the secondary battery of claim 1.
Choi further discloses wherein:
the terminal comprises a first terminal and a second terminal coupled to the cap plate (Annotated Choi Fig. 2, Para. [0050] states that the first terminal (anode terminal 520) may be coupled to cap plate 510. Annotated Choi Fig. 2 shows second terminal (cathode terminal 620) has the same structure and connectivity as first terminal.),
the collector comprises a first collector between the cap plate and the first electrode tab, and a second collector between the cap plate and the second electrode tab (Annotated Choi Fig. 3.2).
Choi fails to disclose the first electrode tab and the second electrode tab are extended at a side of the electrode assembly.
However, Wakimoto teaches the first electrode tab and the second electrode tab are extended at a side of the electrode assembly (Para. [0057] states that first electrode tab (negative-electrode tab group 50) and second electrode tab (positive-electrode tab group 40) are disposed at an end of electrode body 3.).
Choi and Wakimoto are both considered to be analogous to the claimed invention because they are in the same field of developing secondary batteries that possess high energy density, high electrical output, and increased stability. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the secondary battery of Choi to include first and second electrode tabs disposed at a side of an electrode assembly because Wakimoto teaches that a secondary battery possessing a first and second electrode tab group that are connected to a surface of a current collector that is facing an electrode body enables for the space between the sealing plate and the electrode body to be reduced, thus increasing the energy density of said battery (para. [0012]) and use of known techniques to improve similar methods in the same way is obvious. See MPEP 2141. III. (C).
Regarding Claim 20, Choi, as modified by Wakimoto, further discloses wherein the first collector and the second collector pass through opposite ends of the cap plate (Annotated Wakimoto Fig. 2), and electrically connect between the first electrode tab and the first terminal and electrically connect between the second electrode tab and the second terminal (Wakimoto Para. [0076] discusses that first collector (negative-electrode current collector 9) is welded to flange portion 10a of the negative electrode terminal 10, making the current collector and the terminal an integral structure. Wakimoto Para. [0057] states that negative electrode terminal 10 extends through the first cap plate (a first region of sealing plate 2, wherein the first and second regions of the sealing plate are divided by gas discharge valve 19. Wakimoto para. [0076] discusses that second collector (positive-electrode current collector 6) is welded to flange portion 7a of the positive electrode terminal 7, making the current collector and the terminal an integral structure. Para. [0057] states that positive electrode terminal 7 extends through the second cap plate (a second region of sealing plate 2). Wakimoto further teaches that the first electrode tab (negative-electrode tab group 50) is electrically connected to the first terminal (negative electrode terminal 10) via first collector and that the second electrode tab (positive-electrode tab group 40) is electrically connected to the second terminal (positive electrode terminal 7) via second collector (positive-electrode current collector 6. (Annotated Wakimoto Fig. 2)).
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Choi, as applied to claim 1, and in further view of Guen et al. (US 2012/0288744 A1).
Regarding Claim 16, Choi discloses the secondary battery as discussed in claim 1.
Choi fails to disclose a secondary battery that comprises of a clad sheet between a collector and a terminal.
However, Guen discloses a secondary battery wherein a clad sheet (connecting member 150) is positioned between a terminal (first terminal 130 and second terminal 140) and a collector (first current collector 123 and second current collector 127). (Para. [0050] states that connecting member 150 is made of a conductive metal, such as aluminum, copper, stainless steel, or clad metal.) (Annotated Guen Fig. 2).
Choi and Guen are both considered to be analogous to the claimed invention because they are in the same field of developing secondary batteries that possess high energy density, high electrical output, and increased stability. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the secondary battery of Choi to include a clad sheet between the collector and the terminal because Guen teaches that an increase of contact resistance between the terminal and the connecting member cause by vibration or external impact may be substantially prevented due to insertion of said connecting member into the terminal, increasing the safety and operability of the secondary battery (para. [0024]) and use of known techniques to improve similar methods in the same way is obvious. See MPEP 2141. III. (C).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of copending Application No. 18/484,896 . Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant claim 1 is anticipated by claim 1 of ‘896.
Instant claim 2 is substantially identical to claim 2 of ‘896.
Instant claim 3 is substantially identical to claim 3 of ‘896.
Instant claim 4 is substantially identical to claim 4 of ‘896.
Instant claim 5 is substantially identical to claim 5 of ‘896.
Instant claim 6 is substantially identical to claim 6 of ‘896.
Instant claim 7 is substantially identical to claim 7 of ‘896.
Instant claim 8 is substantially identical to claim 8 of ‘896.
Instant claim 9 is substantially identical to claim 9 of ‘896.
Instant claim 10 is substantially identical to claim 10 of ‘896.
Instant claim 11 is substantially identical to claim 11 of ‘896.
Instant claim 12 is substantially identical to claim 12 of ‘896.
Instant claim 13 is substantially identical to claim 13 of ‘896.
Instant claim 14 is substantially identical to claim 14 of ‘896.
Instant claim 15 is substantially identical to claim 15 of ‘896.
Instant claim 16 is substantially identical to claim 16 of ‘896.
This is a provisional nonstatutory double patenting rejection.
Claims 1, 7-9, and 12-16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 9, and 13-18 of copending Application No. 18/485,221. Although the claims are not identical, they are not patentably distinct from each other because:
Instant claims 1, and 7-8 are obvious in view of claim 9 of ‘221 with respect to instant claim 1 mentioning that first collector plate is coupled to electrode assembly which is comprised of a first electrode tab. Therefore, it would be obvious to one of ordinary skill in the art that first collector plate would be welded to the first electrode tab of the electrode assembly since both the first collector plate and the first electrode tab possess the same electrochemical charge and would increase bonding strength between said first collector plate and first electrode tab. Additionally, instant claim 1 mentions a central portion of the first collector plate which is in contact with the second collector plate and, furthermore, mentions that the first collector plate is disposed at a side of the electrode assembly and that the second collector plate is placed at a side of the terminal. One of ordinary skill in the art would recognize that, due to the placement of the first and second collector plates, an outer surface of the first collector plate would be in contact with an inner surface of the second collector plate. Like claim 9 of ‘221, instant claims 7 and 8 state that the second collector plate comprises of a protrusion that protrudes upward and is welded to an inner surface of the terminal.
Instant claim 7 is substantially identical to claim 13 of ‘221.
Instant claim 9 is substantially identical to claim 4 of ‘221.
Instant claim 12 is substantially identical to claim 17 of ‘221.
Instant claim 13 is substantially identical to claim 14 of ‘221.
Instant claim 14 is substantially identical to claim 15 of ‘221.
Instant claim 15 is substantially identical to claim 16 of ‘221.
Instant claim 16 is substantially identical to claim 18 of ‘221.
This is a provisional nonstatutory double patenting rejection.
Claims 1, 7-9, and 12-18 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4, 9, and 13-19 of copending Application No. 18/936,977. Although the claims are not identical, they are not patentably distinct from each other because:
Instant claims 1 and 7-8 are obvious in view of claim 9 of ‘977 with respect to instant claim 1 mentioning that first collector plate is coupled to electrode assembly which is comprised of a first electrode tab. Therefore, it would be obvious to one of ordinary skill in the art that first collector plate would be welded to the first electrode tab of the electrode assembly since both the first collector plate and the first electrode tab possess the same electrochemical charge and would increase bonding strength between said first collector plate and first electrode tab. Additionally, instant claim 1 mentions a central portion of the first collector plate which is in contact with the second collector plate and, furthermore, mentions that the first collector plate is disposed at a side of the electrode assembly and that the second collector plate is placed at a side of the terminal. One of ordinary skill in the art would recognize that, due to the placement of the first and second collector plates, an outer surface of the first collector plate would be in contact with an inner surface of the second collector plate. Like claim 9 of ‘977, instant claims 7 and 8 state that the second collector plate comprises of a protrusion that protrudes upward and is welded to an inner surface of the terminal.
Instant claim 7 is substantially identical to claim 13 of ‘977.
Instant claim 9 is substantially identical to claim 4 of ‘977.
Instant claim 12 is substantially identical to claim 17 of ‘977.
Instant claim 13 is substantially identical to claim 14 of ‘977.
Instant claim 14 is substantially identical to claim 15 of ‘977.
Instant claim 15 is substantially identical to claim 16 of ‘977.
Instant claim 16 is substantially identical to claim 18 of ‘977.
Instant claim 17 is anticipated by claim 19 of ‘977 with respect to both claim sets mentioning a secondary battery comprising of a first electrode tab and a second electrode tab extended at opposite sides of an electrode assembly, a cap plate comprising of a first cap plate and a second cap plate, wherein the first cap plate seals an opening on one side of the case and the second cap plates seals a second opening on a side opposite the first side opening. Additionally, both sets of claims mention a first terminal coupled to the first cap plate and a second terminal coupled to the second cap plate. Furthermore, the collector comprises a first collector positioned between the first cap plate and the first electrode tab and a second collector is positioned between the second cap plate and the second electrode tab.
This is a provisional nonstatutory double patenting rejection.
Claims 1, 4, 7-8, 12, and 16 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-4, 6-7, and 19-20 of copending Application No. 18/469,297. Although the claims at issue are not identical, they are not patentably distinct from each other because:
Instant claims 1 and 4 are anticipated by claims 1-4 of ‘297. Both instant claim 1 and claim 1 of ‘297 recite a secondary battery comprising of an electrode assembly having a first electrode tab and a second electrode tab, a collector that is electrically coupled to the electrode assembly, a case accommodating the electrode assembly and the collector, a cap plate that seals an opening in the case, and a terminal electrically coupled to the collector and exposed to an outside of the cap plate. Both instant claim 1 and claim 2 of ‘297 denote a collector comprising of a first collector plate coupled to the electrode assembly and a second collector plate contacting the first collector plate. Additionally, both instant claim 1 and claim 3 of ‘297 describe a first collector plate that comprises of a central portion that is in contact with the second collector plate and an edge portion extending in opposite directions from the central portion and coupled to the electrode assembly. Furthermore, both instant claim 1 and claim 4 of ‘297 disclose a connection portion located between the central portion and the edge portion and is comprised of at least one bent part. Finally, both instant claim 4 and claim 3 of ‘297 teach of a central area within the central portion wherein the central area protrudes outward, and an outer surface is coupled to an inside of the second collector plate.
Instant claim 7 is substantially identical to claim 6 of ‘297.
Instant claim 8 is substantially identical to claim 7 of ‘297.
Instant claim 12 is substantially identical to claim 20 of ‘297.
Instant claim 16 is substantially identical to claim 19 of ‘297.
This is a provisional nonstatutory double patenting rejection.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Park et al. (US 2024/0405251 A1) discloses a secondary battery which is comprised of an electrode assembly, wherein the electrode assembly being comprised of a first electrode tab and a second electrode tab, a collector comprising of a first collector plate (which is comprised of a central portion, an edge portion, and a connection portion) and a second collector plate which comprises a protrusion protruding outward, a case accommodating the electrode assembly and collector, a cap plate sealing an opening in the case and a terminal.
Contact Information
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/SANTINO MICHALE SERVAGNO/Examiner, Art Unit 1713
/JOSHUA L ALLEN/Supervisory Patent Examiner, Art Unit 1713
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