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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/21/2026 has been entered.
Response to Arguments
35 USC 112 Rejection is overcome by cancelation of claim 12.
Applicant argues the newly amended “coated insulating layer”. This material is considered new matter since it was not present in the originally filed specification. Additionally, arguments to the prior art having an additional adhesive material would not be persuasive because the instant claim is written as “comprising” language whereby additional features, such as an adhesive layer, are permitted. The prior art taught all positively recited structural features to the claims and may be used again.
Claim 13 lays weight and argues the intermediate stage. The preamble of the claim is to “an electrode” and therefore the meets and bounds of the claims are met when the final electrode comprises all pieces located in the claimed location. The intermediate stage limitations describe a product for use in making a final product that has no specific, substantial, or credible utility by itself. Claim is not rejected herein under 35 USC 101 due to “substantial utility” because the preamble pertains to an electrode and the claim includes structural limitations that define the scope of the final product – MPEP 2107.01. For the purposes of examination, the burden of examination is met when the final product of the preamble defined electrode is met.
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 1-4, 8-9, 13-14 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 “a coated insulating layer” which does not have written description in the originally filed specifications. The instant specification has support for an insulating layer that is coated onto the electrode tab, but does not provide support for a coated insulating layer. There is no material selection for the coating material of the insulating layer. Since the insulating layer feature is the outermost layer of the instant invention, as described in the originally filed specification, a coated insulating layer as amended is new matter since no additional coating layer is taught.
Claim Rejections - 35 USC § 102
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) 1-4, 8-9, 13-14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xiao et al (PGPUB 2023/0140763).
Claim 1: Xiao teaches an electrochemical device comprising an electrode within an electrode assembly [abstract]. The electrode comprises a current collector (102, 112) which comprises a coated region of active material coating (101, 111) and uncoated region (1121) which meet the structural bounds of applicant’s electrode tab. The uncoated region of the current collector has a width in a first direction and a single film whereby it has a pair of opposing side surface, a free end, and side surfaces opposite the side of the electrode current collector [0035-0040] whereby the electrode tabs have a smaller width in the first direction [Fig 7; 0048]. The electrode tab comprises an insulating material (adhesive) that is coated (tape) to form claimed ‘coated insulating layer’ (31) [0038]. An electrode lead is welded by a weld that penetrates all tabs of stack whereby the second side surface is in direct contact with the weld [0011, 0058]. The coated insulating layer is formed on the opposite side of the surface which comprises direct contact with the weld. The insulating layer is formed on a portion of the uncoated portion of the electrode tab [Fig 3]. The electrode comprises a portion of the active material wherein the insulating layer does not coat an upper surface of the active material [Fig 3]. The insulating layer and the active material are on the same side of the current collector [Fig 3, 5].
The claim language is mapped through annotation to Modified Fig 3.
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Claim 2: Xiao teaches a region of the current collector to comprise no active material; this is interpreted to be applicant’s ‘electrode tab’ [Modified Fig 3].
Claim 3-4: Instant claim pertains to a product by process “is formed, by coating” limitation which does not positively recite structurally defining limitations of the final product of the electrode. The prior art teaches all positively recited structural features of the instant claim [Modified Fig 3].
Claim 8-9: Xiao teaches the secondary lithium batteries to be pouch-shaped [Fig 3; 0071-0075].
Claim 14: Xiao teaches the insulating material to be polyethylene [0050].
Claim 13: Xiao teaches an electrochemical device comprising an electrode within an electrode assembly [abstract]. The electrode comprises a current collector (102, 112) which comprises a coated region of active material coating (101, 111) and uncoated region (1121) which meet the structural bounds of applicant’s electrode tab. The uncoated region of the current collector has a width in a first direction and a single film whereby it has a pair of opposing side surface, a free end, and side surfaces opposite the side of the electrode current collector [0035-0040] whereby the electrode tabs have a smaller width in the first direction [Fig 7; 0048]. The electrode tab comprises an insulating material (adhesive) that is coated (tape) to form claimed ‘coated insulating layer’ (31) [0038]. An electrode lead is welded by a weld that penetrates all tabs of stack whereby the second side surface is in direct contact with the weld [0011, 0058]. The coated insulating layer is formed on the opposite side of the surface which comprises direct contact with the weld. The insulating layer is formed on a portion of the uncoated portion of the electrode tab [Fig 3]. The electrode comprises a portion of the active material wherein the insulating layer does not coat an upper surface of the active material [Fig 3]. The insulating layer and the active material are on the same side of the current collector [Fig 3, 5].
The claim language is mapped through annotation to Modified Fig 3.
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The instant claim pertains to an intermediate product which does not positively recite structural limitations of the final product electrode. The intermediate product does not distinguish the instant claim from the prior art because it includes no positively recited structural features resulting therefrom. Xiao teaches all positively recited structural features of the final product and therefore meet the scope of the claims as the intermediate stage fails to further define the structure of the resulting product from that of the prior art.
Claim(s) 1-4, 8-9, 12-14 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Ji-Jun (JP 2004/022534).
Claim 1: Ji-Jun teaches a battery packaging that is capable of preventing short circuits [Abstract]. The battery cell (110) is taught to have an electrode (111, 113) that has one or both sides of an electrode current collector film coated with active material [0031]. The electrode of the prior art for the purposes of this rejection is the electrode that is in direct contact tab member (143) through welding step (S20) at the welding portion (145) [0038]. The electrode current collector is the portion which comprises active material coating in a width direction [Fig 1; 0031] and an electrode tab (16, 18) extend in a second direction having a pair of opposing first side surfaces extending from the electrode current collector having a fee end with a side surface opposing the side of the electrode current collector where the tab has a smaller width than that of the first direction width of the active material [Fig 1; 0008-0010]. An insulating layer (147) is formed on a first side surface of the electrode tab [Fig 7f, 7h; 0043]; the specific limitation to “coating” is method weight which does not further defined the structural scope of the instant claim over the prior art, the prior art teaching the same structural feature in the same location is sufficient to meet the positively recited scope of the instant claim. The electrode lead (143: tab member) is welded to the uncoated portion of the current collector, the electrode tab (145) [Fig 7f, 7h; 0038-0047]. The insulating material is formed on a first side surface opposite the second side surface and insulates from the storage part (322) of the packaging material (320) [Fig 17; 0052]. The insulating material layer and the active material are on the same side of the electrode current collector – prior art teaches that both sides of the current collector can be coated or a single side [0031]. The lead and the tab extend in a direction parallel to each other [Fig 7f, 10 17].
Prior art figure is annotated to show the features of the invention:
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Claim 2: Ji-Jun teaches an active material to be located on the current collector [0031] and the electrode tab portion (16, 18) are uncoated with active material [Fig 1; 0008-0011].
Claim 3: Ji-Jun teaches the insulating material to be present on at least a portion of the non-coated portion of the electrode tab [Fig 7f, Fig 17]. The specific method weight of “by coating” is a product by process limitation that fails to further limit the scope of the instant claim over the product and teaching of the prior art.
Claim 4: Ji-Jun teaches an insulating layer to have a width equal to the width of the electrode tab as the insulating layer covers the portion [0043-0050]. The specific method weight of “by coating” is a product by process limitation that fails to further limit the scope of the instant claim over the product and teaching of the prior art.
Claim 8: Ji-Jun teaches a lithium secondary battery (300) comprising the features of the electrode above [0052].
Claim 9: Ji-Jun teaches a battery in a pouch that is filled with injection of electrolyte into a packaging material and vacuum sealed – applicant’s pouch-shaped battery [Fig 17; 0052-0053].
Claim 12: Ji-Jun teaches a first insulating member to be the only insulating element between the tabs and the region (310) of the battery [Fig 17].
Claim 14: Ji-Jun teaches the insulating material to be exemplified to be polyimide or polyethylene [0016].
Claim 13: Ji-Jun teaches a battery packaging that is capable of preventing short circuits [Abstract]. The battery cell (110) is taught to have an electrode (111, 113) that has one or both sides of an electrode current collector film coated with active material [0031]. The electrode of the prior art for the purposes of this rejection is the electrode that is in direct contact tab member (143) through welding step (S20) at the welding portion (145) [0038]. The electrode current collector is the portion which comprises active material coating in a width direction [Fig 1; 0031] and an electrode tab (16, 18) extend in a second direction having a pair of opposing first side surfaces extending from the electrode current collector having a fee end with a side surface opposing the side of the electrode current collector where the tab has a smaller width than that of the first direction width of the active material [Fig 1; 0008-0010]. An insulating layer (147) is formed on a first side surface of the electrode tab [Fig 7f, 7h; 0043]; the specific limitation to “coating” is method weight which does not further defined the structural scope of the instant claim over the prior art, the prior art teaching the same structural feature in the same location is sufficient to meet the positively recited scope of the instant claim. The electrode lead (143: tab member) is welded to the uncoated portion of the current collector, the electrode tab (145) [Fig 7f, 7h; 0038-0047]. The insulating material is formed on a first side surface opposite the second side surface and insulates from the storage part (322) of the packaging material (320) [Fig 17; 0052]. The insulating material layer and the active material are on the same side of the electrode current collector – prior art teaches that both sides of the current collector can be coated or a single side [0031]. The lead and the tab extend in a direction parallel to each other [Fig 7f, 10 17].
Prior art figure is annotated to show the features of the invention:
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The instant claim pertains to an intermediate product which does not positively recite structural limitations of the final product electrode. The intermediate product does not distinguish the instant claim from the prior art because it includes no positively recited structural features resulting therefrom. Ji-Jun teaches all positively recited structural features of the final product and therefore meet the scope of the claims as the intermediate stage fails to further define the structure of the resulting product from that of the prior art.
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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/STEPHEN J YANCHUK/ Primary Examiner, Art Unit 1752
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