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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/27/2026 has been entered.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 02/11/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Status of Claims
The Applicant’s amendment and arguments, filed 01/31/2026, has been entered. Claim 1 is amended; claims 4-9 stand as originally or previously presented; and claims 2-3 are canceled. Support for the amendments is found in the original filing, and there is no new matter.
Upon considered said amendments and arguments, the previous 35 U.S.C.103 rejection set forth in Office Action mailed 12/02/2025 has been maintained (and altered as required by amendment), as set forth below.
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 6, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chun (US 20120009450 A1), in view of Kim et al. (US 20130143109 A1, hereinafter Kim, cited in Notice of References Cited filed 07/03/2024) and Itagaki et al. (DE 19943961 A1, hereinafter Itagaki, cited in Notice of References Cited filed 07/03/2024).
Regarding Claim 1, Chun discloses the limitations regarding a secondary battery comprising (Chun, a jelly-rolled electrode assembly structure and a rechargeable battery including the same, Title):
a rolled electrode assembly (Chun, a jelly-rolled electrode assembly structure, Title) including a positive electrode plate (Chun, first electrode may be a positive electrode, [0019]), a negative electrode plate (Chun, second electrode may be a negative electrode, [0040]), and a separator (Chun, separator, [0009]), wherein
the positive electrode plate has positive electrode uncoated portions provided at a rolled central portion thereof and a rolled end portion thereof (Chun, first uncoated regions separated from each other, [0009]), and
the negative electrode plate has negative electrode uncoated portions provided at a rolled central portion thereof and a rolled end portion thereof (Chun, the second electrode may include at least two second uncoated regions, [0020]);
a first positive electrode foil tab and a second positive electrode foil tab respectively coupled to the positive electrode uncoated portions (Chun, a first tab coupled to one of the first uncoated regions and a second tab coupled to another of the first uncoated regions, [0009]);
a first negative electrode foil tab and a second negative electrode foil tab respectively coupled to the negative electrode uncoated portions (Chun, a third tab on one of the second uncoated regions and a fourth tab on another of the second uncoated regions, [0020]);
a pouch-type case for accommodating the rolled electrode assembly (Chun, the electrode assembly of the jelly-roll structure may be accommodated in a case of pouch type, a cross-section of the electrode assembly of the jelly-roll structure may be oval, [0006]), wherein a region of the positive electrode plate to which a positive electrode active material is applied is continuous and the positive electrode uncoated portions are only at both a left end and a right end of the positive electrode plate in a width direction (Chun, the positive electrode uncoated regions may be formed on end edges of the positive electrode, and the positive electrode is spiral wound along with the negative electrode and separator, [0052]), wherein
a region of the negative electrode plate to which a negative electrode active material is applied is continuous and the negative electrode uncoated portions are only at both a left end and a right end of the negative electrode plate in the width direction, and wherein the width direction is a width of the rolled electrode assembly (Chun, a structure of the positive electrode and the negative electrode may be similar to each other, so the negative electrode uncoated regions may be formed on end edges of the negative electrode, and the negative electrode is spiral wound along with the positive electrode and separator, [0051-0052]).
Chun is silent regarding a positive electrode current collection tab connected together to the first positive electrode foil tab and the second positive electrode foil tab; a negative electrode current collection tab connected together to the first negative electrode foil tab and the second negative electrode foil tab;
the first positive electrode foil tab and the second positive electrode foil tab have a thickness smaller than a region of the positive electrode plate to which the positive electrode active material is applied;
the first negative electrode foil tab and the second negative electrode foil tab have a thickness smaller than a region of the negative electrode plate to which the negative electrode active material is applied;
the positive electrode current collection tab has a thickness greater than the first positive electrode foil tab and the second positive electrode foil tab; and
the negative electrode current collection tab has a thickness greater than the first negative electrode foil tab and the second negative electrode foil tab.
Kim discloses a secondary battery (Kim, secondary battery, [0025]) wherein a positive electrode current collection tab connected together to the first positive electrode foil tab and the second positive electrode foil tab (Kim, at least one electrode tab of the cathode tab is electrically connected to the corresponding electrode lead, [0025]);
a negative electrode current collection tab connected together to the first negative electrode foil tab and the second negative electrode foil tab (Kim, at least one electrode tab of the anode tab is electrically connected to the corresponding electrode lead, [0025]).
Kim teaches that the improvement of a lead in the electrical connection relationship with a tab allows to improve the applicably in a higher capacity and strongly cope with local or partial heat generation and deterioration in the performance of the battery caused thereby (Kim, [0024]).
Chun and Kim are analogous to the current invention as they are directed towards a secondary battery comprising of multiple positive electrode tabs and multiple negative electrode tabs.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to connect the positive electrode tabs and negative electrode tabs of Chun to the cathode lead and anode lead Kim, respectively, in order to improve the applicably in a higher capacity and strongly cope with local or partial heat generation and deterioration in the performance of the battery caused thereby.
Modified Chun discloses that the thickness of the first tab may be about 0.05 mm to about 0.15 mm, and the thickness of the second may be about 0.1 mm to about 0.2 mm (Chun, [0017-0018]),
Itagaki discloses a secondary battery (Itagaki, flat cell, [0001]), wherein the first positive electrode and negative electrode foil tab and the second positive electrode and negative electrode foil tab have a thickness smaller (Itagaki, thickness of a positive and negative electrode terminal is 30 µm, [0036]) than a region of the positive electrode plate to which the positive electrode active material is applied and a region of the negative electrode plate to which the negative electrode active material is applied (Itagaki, the current collecting plate advantageously has a thickness of 5 to 100 µm, [0014]; for example, when the current collecting plate is 31-100 µm, the thickness of the positive electrode and negative electrode terminal is smaller than thickness of the current collecting plate).
Itagaki teaches that when the current collecting plate is within a range of 5 to 100 µm, the flat cell has sufficient strength, flexibility, energy volume density, and energy weight density (Itagaki, [0014]).
Itagaki teaches the thickness in ranges which overlap and encompass the instantly claimed ranges.
Modified Chun and Itagaki are analogous to the current invention as they are all directed towards a secondary battery having a positive and negative electrode plate and tabs.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to routinely design the positive electrode and negative electrode foil tabs of modified Chun to have a thickness of 30 µm, as taught by Itagaki, and the positive electrode and negative electrode current collecting plate of modified Chun to have a thickness range of 31 to 100 µm, as taught by Itagaki, in order to improve the strength, flexibility, energy volume density, and energy weight density of the secondary battery.
Further, while modified Chun does disclose a tab thickness above the claimed range, one of ordinary skill in the art would recognize that it would be obvious to try to utilize a tab having a thinner thickness, of Itagaki, as doing so would amount of nothing more than to use a known component for its intended use in a known environment to accomplish an entirely predictable result, i.e. providing an electrical pathway (See MPEP 2143 B).
Modified Chun discloses the positive electrode current collection tab has a thickness greater than (Kim, the cathode lead may have a thickness of 50 to 500 µm, [0082]) the first positive electrode foil tab and the second positive electrode foil tab (Itagaki, thickness of a positive electrode terminal is 30 µm, [0036]); and
the negative electrode current collection tab has a thickness greater than (Kim, the anode lead may have a thickness of 50 to 500 µm, [0082]) the first negative electrode foil tab and the second negative electrode foil tab (Itagaki, thickness of a negative electrode terminal is 30 µm, [0036]).
Regarding Claim 4, modified Chun discloses all of the claim limitations as set forth above. Modified Chun discloses the limitations for a secondary battery (Chun, a jelly-rolled electrode assembly structure and a rechargeable battery including the same, Title), wherein the first positive electrode foil tab and the second positive electrode foil tab have a thickness of 25 to 35 µm (Itagaki, thickness of a positive electrode terminal is 30 µm, [0036]; the disclosed positive electrode terminal thickness of 30 µm falls within with the claimed positive electrode foil tab thickness of 25 to 35 µm).
Regarding Claim 5, modified Chun discloses all of the claim limitations as set forth above. Modified Chun discloses the limitations for a secondary battery (Chun, a jelly-rolled electrode assembly structure and a rechargeable battery including the same, Title), wherein the region of the positive electrode plate to which the positive electrode active material is applied has a thickness of 90 to 110 µm (Itagaki, the current collecting plate advantageous has a thickness of 5 to 100 µm, [0014]; the disclosed current collecting plate thickness range of 5 to 100 µm overlaps the claimed negative electrode plate range of 90 to 110 µm).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 6 and 9, Chun discloses the limitations for a secondary battery (Chun, secondary battery, Title), wherein the positive electrode (Claim 6) and negative electrode (Claim 9) current collection tab has a thickness of 80 to 100 µm (Kim, the cathode and anode lead may have a thickness of 50 to 500 µm, [0082]; the disclosed cathode lead (Claim 6) and anode lead (Claim 9) thickness range of 50 to 500 µm overlaps with the claimed positive electrode (Claim 6) and negative electrode (Claim 9) current collection tab thickness range of 80 to 100 µm). Kim teaches that when the secondary battery has an anode and cathode lead within the above range, there is sufficient electric current flowing through the electrode tab and the electrode lead, resulting in improved efficiency and safety (Kim, [0083]).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 7, modified Chun discloses all of the claim limitations as set forth above. Modified Chun discloses the limitations for a secondary battery (Chun, a jelly-rolled electrode assembly structure and a rechargeable battery including the same, Title), wherein the first negative electrode foil tab and the second negative electrode foil tab have a thickness of 25 to 35 µm (Itagaki, thickness of a negative electrode terminal is 30 µm, [0036]; the disclosed negative electrode terminal thickness of 30 µm falls within with the claimed negative electrode foil tab thickness of 25 to 35 µm).
Regarding Claim 8, modified Chun discloses all of the claim limitations as set forth above. Modified Chun discloses the limitations for a secondary battery (Chun, a jelly-rolled electrode assembly structure and a rechargeable battery including the same, Title), wherein the region of the negative electrode plate to which the negative electrode active material is applied has a thickness of 100 to 130 µm (Itagaki, the current collecting plate advantageous has a thickness of 5 to 100 µm, [0014]; the disclosed current collecting plate thickness range of 5 to 100 µm touches the claimed negative electrode plate range of 100 to 130 µm).
Therefore, a skilled artisan would find it obvious when the disclosed current collecting plate thickness is 100 µm, the current collecting plate would have similar properties to the claimed negative electrode plate having a thickness range of 100 to 130 µm, since the thickness values are touching and merely close. In addition, it would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Response to Arguments
Applicant's arguments (filed 01/31/2026) with respect to Claim(s) 1 have been fully considered but they are not persuasive.
Applicant argues that Chun and Kim each solves a different purpose and problem, so a person of ordinary skill in the art would not have had a motivation to modify the secondary battery of Chun in a way of Kim.
The Examiner respectfully disagrees and submits the improved tab-lead of Kim offers an improvement to the battery and does not have to specifically directed towards solving the problem of "the necessity of modifying the thicknesses of the multiple tabs differently at a center portion and an outer circumferential portion." Further, MPEP 2144 IV teaches that the reason or motivation to modify the reference may often suggest what the inventor has done, but for a different purpose or to solve a different problem. It is not necessary that the prior art suggest the combination to achieve the same advantage or result discovered by applicant. See, e.g., In re Kahn, 441 F.3d 977, 987, 78 USPQ2d 1329, 1336 (Fed. Cir. 2006) (motivation question arises in the context of the general problem confronting the inventor rather than the specific problem solved by the invention); Cross Med. Prods., Inc. v. Medtronic Sofamor Danek, Inc., 424 F.3d 1293, 1323, 76 USPQ2d 1662, 1685 (Fed. Cir. 2005) ("One of ordinary skill in the art need not see the identical problem addressed in a prior art reference to be motivated to apply its teachings."); In re Lintner, 458 F.2d 1013, 173 USPQ 560 (CCPA 1972) (discussed below); In re Dillon, 919 F.2d 688, 16 USPQ2d 1897 (Fed. Cir. 1990), cert. denied, 500 U.S. 904 (1991) (discussed below).
Applicant argues that Chun is disclosing an electrode assembly in which a first electrode, a second electrode, and a separator are spiral-wound in a jelly-roll, cylindrical structure, while the electrode assembly in Kim has a stacked, flat structure, and the cylindrical and flat electrode assemblies exhibit different mechanical behaviors - including susceptibility to inner stress and deformation
The Examiner respectfully disagrees and submits that Kim discloses that "it is obvious that according to embodiments, various types of electrode assemblies may be applied, for example, winding type, stack type, stack/folding type, and the like" (Kim, [0061]).
Applicant argues that the claimed range is not disclosed in Kim with sufficient specificity because the instant application discloses that the second battery including the claimed positive and negative electrode current collection tabs, each having a thickness range of 80 to 100 µm, resulted in reduction of the internal resistance by about 36 to 42% compared to the conventional secondary battery.
The Examiner respectfully disagrees and submits that the "conventional secondary battery" has a positive electrode material tab and a negative electrode material tab of about 80 µm (Instant Specification 0071), which falls within the claimed thickness range of 80 to 100 µm. Thus, the thickness of the tabs is not a result-effective variable because the conventional battery has poorer results despite having a tab thickness that is within the claimed range. In addition, all of the properties of the conventional battery are not disclosed (i.e. thickness of the region where the active material is applied), so it would not be possible to determine the result-effective variables that cause the difference between the present invention and the conventional battery.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
US 20070231701 A1 discloses an electrode assembly and a pouch type lithium rechargeable battery having the same, which can minimize the total volume of a battery while maximizing a distance between electrode tabs (Abstract).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KEVIN NGUYEN whose telephone number is (703)756-1745. The examiner can normally be reached Monday-Thursday 9:50 - 7:50 ET.
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/K.N./Examiner, Art Unit 1752
/OSEI K AMPONSAH/Primary Examiner, Art Unit 1752