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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/29/2026 has been entered.
Status of Application
Claims 1,3-5 are currently pending. Claim 1 is amended. Claim 2 is cancelled.
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 1 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 currently recites “a protection member provided … so as to go across the whole of the positive electrode tab”. It is unclear if the protection member is intended to be moving across the positive electrode tab due to “go” being a verb. Applicant further does not appear to provide a special definition for the term “go across” in the specification.
For examining purposes, the term “go across” is interpreted as to “cover” based on Fig 3, 5 (i.e., protection member 36 covers a side of tab 20).
Response to Arguments
Applicant’s arguments with respect to amended claim(s) 1 have been considered but are not found persuasive 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. Specifically, a new reference by Kumiko teaches a protective member with a plurality of slits to provide flexibility. See rejection below.
Claim Rejections - 35 USC § 103
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.
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 Kumiko (US20130045402A1).
Regarding claim 1, Matsushita discloses a non-aqueous electrolyte secondary battery, comprising:
a winding-shaped electrode assembly (wound electrode body 20; [0034, 0036]) having a belt-shaped positive electrode (positive electrode 21) and a belt-shaped negative electrode (negative electrode 22) wound along their longitudinal direction via a separator (separator 23); and
a battery case (battery can 11 [0036-0037]) housing the electrode assembly,
wherein the positive electrode has a positive electrode current collector (positive electrode current collector 21A; [0042]),
a positive electrode mixture layer (positive electrode mixture layer 21B) formed on at least part of a surface of the positive electrode current collector [0042],
a conductive positive electrode tab having one end part connected to a positive electrode exposed part 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 (i.e., lead 25 with one end on the surface of the positive electrode current collector 21a and another end extending from the current collector; see Fig 4A)
a protection member provided only on a part of the surface of the positive electrode mixture layer so as to go across the whole of the positive electrode tab that is connected to the positive electrode exposed part and the positive electrode exposed part in a longitudinal direction of the positive electrode (protective tape 27 provided on positive electrode mixture layer 21B and covering the entire width of lead 25; see Fig 4).
Matsushita further discloses wherein the protection member prevents a thermal runaway of the battery when, for example, the separator or the like is split and the positive electrode 21 and the negative electrode 22 are in contact with each other and further discloses that the protection member may be a resin tape or the like [0052]. However, 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, and
when the protective member is viewed from the thickness direction, the cut faces the positive electrode mixture layer, and
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, and
wherein the plurality of cuts in each of the both ends of the protection member are provided on at least at a portion of the protection member in contact with the surface of the positive electrode
In this regard, Kumiko is directed to a power generating element 18 comprising an electrode tabs 14, 15, wherein the electrode tab comprising a conducting portion 151 joined to current collectors 11a, 13a. Kumiko further teaches insulating portion 152 covering the conducting portion 151 [0057], wherein the insulating portion is also made of resin material with high rigidity so that the tab can maintain is shape [Kumiko 0059]. Thus, the insulating portion 152 functions as the protective member.
Kumiko further teaches wherein:
the protection member (insulating portion 152) has one or a plurality of cuts in each of both end parts of the protection member in the longitudinal direction of the electrode (slits 153; [0071-0075]; see Fig 5,6),
wherein the cut does not face the electrode tab (i.e., the slits 153 do not overlap with the electrode tab 151; see Fig 5,6)
when the protective member is viewed from the thickness direction, the cut faces the electrode mixture layer (i.e., opening of the slits 153 facing the electrode layers 13b and 13c; see Fig 5,6).
wherein the plurality of cuts in each of the both ends of the protection member are provided on at least at a portion of the protection member in contact with the surface of the positive electrode (i.e., in contact with the current collector 13a; see Fig 5,6).
Kumiko further teaches such slits allow the protective member to expand and contract (i.e., provides flexibility [0058])
Thus, it would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the protective member of Matsushita, such that it includes the slits of Kumiko, with a reasonable expectation to provide flexibility under thermal stress or mechanical stress [Kumiko 0058] while also protecting the electrode tab [Kumiko 0059]
Regarding the limitation “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”, Kumiko teaches wherein the length of the broken line formed by the lists 153 is preferably made greater than or equal to ½ of the length of the conductors of conducting portion 151 and smaller than the length of the insulating portion 152 in the axis direction, wherein the slits allow the insulating portion 153 to expand or contract under thermal stress or mechanical stress [0058] and prevents wrinkles in the current collectors [0075]. Thus, it would have been obvious for a person having ordinary skill in the art before the effective filing date to have optimized the lengths of the slits by way of routine optimization to arrive at a desired balance between the flexibility and formation of wrinkles in the current collectors.
Regarding claim 3, modified Matsushita discloses the non-aqueous electrolyte secondary battery according to claim 1, wherein the protection member (protection tape 27-Masushita) is an adhesive tape (e.g., PP, PI, PET tape [0005]-Matsushita), which a person having ordinary skill in the art would envisage having a base material part and an adhesive part.
Regarding claim 4, modified Matsushita discloses the non-aqueous electrolyte secondary battery according to claim 1, wherein the protection member is longer than the positive electrode in a transverse direction of the positive electrode (see protective tape 27 in Fig 4 of Matsushita).
Regarding claim 5, modified Matsushita discloses the non-aqueous electrolyte secondary battery according to claim 1. Kumiko further teaches wherein the cuts are formed on the inside of both ends of the protective member (see a plurality of slits 153 formed within the insulating portion 152 in Fig 5,6-Kumiko) to provide flexibility to reduce stress load [0071, 0073-Kumiko].
Thus, it would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the protective member of Matsushita such that it has cuts formed on the inside of the both ends of the protective member with a reasonable expectation to provide flexibility and reduce stress load [0071, 0073-Kumiko].
Conclusion
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/T.S./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 8/21/2026
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