Prosecution Insights
Last updated: April 19, 2026
Application No. 17/613,751

NONAQUEOUS ELECTROLYTE SECONDARY BATTERY

Final Rejection §103
Filed
Nov 23, 2021
Examiner
SON, TAEYOUNG
Art Unit
1751
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Sanyo Electric Co. Ltd.
OA Round
4 (Final)
41%
Grant Probability
Moderate
5-6
OA Rounds
3y 6m
To Grant
81%
With Interview

Examiner Intelligence

Grants 41% of resolved cases
41%
Career Allow Rate
12 granted / 29 resolved
-23.6% vs TC avg
Strong +40% interview lift
Without
With
+39.6%
Interview Lift
resolved cases with interview
Typical timeline
3y 6m
Avg Prosecution
49 currently pending
Career history
78
Total Applications
across all art units

Statute-Specific Performance

§103
68.7%
+28.7% vs TC avg
§102
20.0%
-20.0% vs TC avg
§112
9.5%
-30.5% vs TC avg
Black line = Tech Center average estimate • Based on career data from 29 resolved cases

Office Action

§103
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 . Status of Application Claims 1,3-5 are currently pending. Claims 4,5 are new. Claim 2 is cancelled. Response to Arguments Applicant's arguments filed 09/15/2025 have been fully considered but they are not persuasive, as new grounds of rejection relies on a new combination of references. See rejection below. Goto is relied upon to teach an adhesive layer having slits to reduce the influence of a strain even when compressive stress and tensile stress are applied and allow the battery to change its form [Goto 0154]. The added limitation of “the total length of both ends and the cut is greater than twice the length of the protective member in the direction of the winding axis of the electrode assembly” is envisaged by Matsushita. 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) 1,3,5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsushita (previously cited, US20140120417A1, IDS cited 11/23/2021) in view of Goto (US20170250383A1). Regarding claim 1, Matsushita discloses a non-aqueous electrolyte secondary battery [0014, 0034], comprising: a winding-shaped electrode assembly (“wound electrode body” [0036]; 20 in Fig 1) having a belt-shaped positive electrode (21 in Fig 1) and a belt-shaped negative electrode (22 in Fig 1) wound along their longitudinal direction via a separator (23 in Fig 1); and a battery case (battery can 11; [0036]) housing the electrode assembly, wherein the positive electrode has: a positive electrode current collector (21A in Fig 12; [0069-0071]), a positive electrode mixture layer (21B in Fig 12; [0042], [0072-0083]) formed on at least part of a surface of the positive electrode current collector, a conductive positive electrode tab (lead 25 in Fig 12; [0043]) having one end part connected to a positive electrode exposed part (non-coated portion 21b in Fig 6) in which the positive electrode mixture layer is not formed on the surface of the positive electrode current collector and another end part extending from the positive electrode current collector in a transverse direction of the positive electrode, and a protection member (protective tape 27 in Fig 12; [0052]) provided on the surface of the positive electrode current collector (21A in Fig 12) so as to cover at least the one end part of the positive electrode tab and the positive electrode exposed part (non-coated portion 21b in Fig 12; [0052) Matsushita does not disclose: wherein the protection member has one or a plurality of cuts in each of both end parts of the protection member in the longitudinal direction of the positive electrode, wherein the cut does not face the positive electrode tab (note: interpreted as the direction of the cut is not parallel to the side of the positive electrode tab) In this regard, Goto is directed to a power storage device having exterior body 509 comprising a seal region 509b including a metal layer and an adhesive layer [Goto 0110-0112], wherein the seal region comprises a plurality of slits 261 that are perpendicular to the side of the exterior body (see Fig 1,2 [0161]- Goto). Goto teaches that by forming slits, it is possible to reduce the influence of a strain even when compressive stress and tensile stress are applied and allow the battery to change its form [Goto 0154]. Thus, it would have been obvious for a person having ordinary skill in the art to have added a plurality of slits in each of both ends of the protection member of Matsushita in the longitudinal direction of the positive electrode, wherein the cut does not face the positive electrode tab (e.g., see the direction of the slits in Fig 1A of Goto), as claimed, with a reasonable expectation to reduce the influence of a strain even when compress stress and tensile stress are applied [Goto 0154]. Modified Goto further discloses when the protective member is viewed from the thickness direction, the cut faces the positive electrode mixture layer (i.e., the ends of the protection tape 27 in Fig 12 overlaps with the electrode mixture layer in Fig 12A, thus “faces”). Goto further shows, in Fig 12, wherein the total length of the both ends and the cut (note: interpreted as the sum of the two side lengths in the annotated Fig 12 below) is greater than twice the length of the protective member in the direction of the winding axis of the electrode assembly. Further, change in form or shape, without any new or unexpected results, is an obvious engineering design (see MPEP § 2144.04). PNG media_image1.png 444 675 media_image1.png Greyscale Regarding claim 3, modified Matsushita discloses the non-aqueous electrolyte secondary battery according to claim 1, wherein the protection member (protection tape 27) may be a resin tape [0052] such as PP tape, PI tape, and a PET tape [0005], wherein the tape would include a base part and an adhesive part. Regarding claim 5, modified Matsushita discloses the non-aqueous electrolyte secondary battery according to claim 1. Matsushita does not disclose wherein the cuts are formed on the inside of both ends of the protective member. In this regard, Goto teaches wherein the slits are formed on the outer edges and extend towards the inside, perpendicular to the side of the exterior body (see Fig 1,2 [0161]- Goto). Thus, it would have been obvious for a person having ordinary skill in the art to have added a plurality of slits in each of both ends of the protection member of Matsushita such that the slits extend from the outer edges of the protection and “on the inside of both ends of the protective member” as claimed, with a reasonable expectation to reduce the influence of a strain even when compress stress and tensile stress are applied [Goto 0154]. Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Matsushita (US20140120417A1, IDS cited 11/23/2021), in view of Goto (US20170250383A1) and Kobayashi (US20110159344A1, previously cited). Regarding claim 4, Matsushita discloses the non-aqueous electrolyte secondary battery according to claim 1, wherein the protective member (i.e., protective tape 27) is a resin tape [0052] with a rectangular plane shape formed over the positive electrode current collector exposed surface 21a (Fig 4; [0055-0056]). However, Matsushita does not disclose wherein the protection member (i.e., protective layer 28) is longer than the positive electrode in a transverse direction of the positive electrode. Kobayashi, directed to a non-aqueous electrolyte secondary cell, also teaches an insulation adhesive tape 3e applied to cover the core exposed portion 3b, a part of the positive electrode active material layer 3d, and an overlapped portion of the positive electrode current collector tab 3a with the core exposed portion 3b [0074 Kobayashi] and further teaches in Example 1 and Fig 2, wherein the insulation adhesive tape is 2.7mm higher and 2.5mm wider than the core exposed portion [0056]. Thus, a person having ordinary skill in the art would have been motivated modify the protection member of Matsushita such that it is longer than the positive electrode in a transverse direction of the positive electrode, with a reasonable expectation that it would completely cover, thus, provide better protection for the positive electrode and prevent the occurrence of short circuit due to burr [Kobayashi 0023]. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAEYOUNG SON whose telephone number is (703)756-1427. The examiner can normally be reached M-F 8-5pm. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at (571) 270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /T.S./ Examiner, Art Unit 1751 /JONATHAN G LEONG/ Supervisory Patent Examiner, Art Unit 1751 12/23/2025
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Prosecution Timeline

Nov 23, 2021
Application Filed
Jun 11, 2024
Non-Final Rejection — §103
Sep 23, 2024
Response Filed
Feb 07, 2025
Final Rejection — §103
May 12, 2025
Request for Continued Examination
May 13, 2025
Response after Non-Final Action
Jun 11, 2025
Non-Final Rejection — §103
Sep 15, 2025
Response Filed
Dec 22, 2025
Final Rejection — §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

5-6
Expected OA Rounds
41%
Grant Probability
81%
With Interview (+39.6%)
3y 6m
Median Time to Grant
High
PTA Risk
Based on 29 resolved cases by this examiner. Grant probability derived from career allow rate.

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