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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 9/5/2025 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 10-12 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Instant claim recites “formed only on the first side surface” but the specification as filed does not positively recite such limitation. The specification recites the layer is formed via a coating and the coating methods are exemplified in paragraph 0067 – The specific method to coat a single layer and not arrive at any material on any other side layers is not positively described in the instant specification as originally filed. Positive recitation of “only” in reference to the coating layer is found in paragraph 0080 which positively recites the coating layer is on additional layers than just the first side surface.
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) 1-4, 8-9, 13 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by KR 10-2016-0038361.
Claim 1-2, 8, 13: ‘361 teaches a battery with an electrode assembly [0001]. The assembly includes a positive electrode, negative electrode, and separator that is housed in an outer material (300) and sealed by injecting an electrolyte [0021]. A current collector for the electrode comprises a coated portion with electrode active material and an electrode tab portion that is uncoated [0034]. The uncoated portion is welded at the electrode tab and terminal [0018-0021, 0036]. The active material uncoated portion overlapping with the weld portion comprises a corrosion protection corrosion layer [0035-0036, 0039-0040]. Refer to figure 2-3 for visual of the relationships of sizes, directions, and such.
Product by process limitations do not positively recite the structural differences of the resulting product to be patentably distinct from that of the prior art teaching.
Claim 3-4: ‘361 teaches the coating to be on the side surfaces at the entirety of the length and width of the electrode tab protruding [Fig 2; 0035-0036, 0039-0040].
Claim 9: The battery is at least a pouch type [0003].
Claim(s) 1-4, 8-13 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Zhou et al (EP 3588620)
Claim 1-4, 10-13: Zhou teaches a secondary battery and electrode plate whereby a current collector comprises a weld and insulating layer [Abstract]. The positively recited features of the instant claim are shown in Modified Fig 8. Examiner maintains that a weld is present to secure the electrode lead and the electrode tab portion of the current collector of the electrode therefore all features of tab including the first and second side are secured to electrode lead via a weld, thus meeting the broadest reasonable interpretation of the claims as presented. Figure 11 depicts element 15 to read on applicant’s insulating layer which is used to reduce short circuiting from material produced from the welding process. The features pertaining to widths and covering are met by the disclosure of the prior art [Description of Embodiments]. Product by process limitations do not positively recite the structural differences of the resulting product to be patentably distinct from that of the prior art teaching.
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Claim 8-9: The battery is a pouch battery [Description of Embodiments].
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over KR 10-2016-0038361 as applied to claim 1 above, and further in view of Ohta et al (PGPUB 20158/0125732).
Claim 5-7: KR’361 is silent to teach a portion of the electrode tab to comprise a portion of the active material.
Ohta teaches a portion of active material is on a gradient onto the tab and comprises a material coated thereon [Fig 1; 6a]. One having ordinary skill in the art at the time of invention would have been motivated to extend the electrode active material onto the tab as taught by Ohta in order to improve the energy density and electrode active material interaction of KR’361 [0027-0029].
Claim(s) 5-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Zhou et al (EP 3588620) as applied to claim 1 above, and further in view of Ohta et al (PGPUB 20158/0125732).
Claim 5-7: Zhou is silent to teach a portion of the electrode tab to comprise a portion of the active material.
Ohta teaches a portion of active material is on a gradient onto the tab and comprises a material coated thereon [Fig 1; 6a]. One having ordinary skill in the art at the time of invention would have been motivated to extend the electrode active material onto the tab as taught by Ohta in order to improve the energy density and electrode active material interaction of Zhou [0027-0029].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN J YANCHUK whose telephone number is (571)270-7343. The examiner can normally be reached M-Th 10a-8p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nick Smith can be reached at 571-272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/STEPHEN J YANCHUK/ Primary Examiner, Art Unit 1752