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 .
Response to Amendment and Claim Status
The amendment filed 24 November 2025 is not fully compliant with 37 CFR 1.121(c)(3) as “winding” should not appear as underlined in Claim 1 line 3, because this addition was already present in the immediate prior version of the claims filed 5 May 2025. As the amendment otherwise complies with 37 CFR 1.121, it was entered instead of sending out a notice of non-compliant amendment, and the claims are examined on merits in order to reduce the processing time.
The amendment filed 24 November 2025 has been entered. Applicant’s amendments to the claims have overcome each and every 35 U.S.C. § 112 rejection set forth in the Office Action mailed 24 July 2025. Claims 2, 3, and 5 have been canceled. Claims 1, 4, and 6 are pending in the application.
It is noted that the amendment
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, 4, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Morimoto et al. (US 2006/0222937 A1) in view of Urabe et al. (JP 2005/285691 A; see attached machine translation).
Regarding Claim 1, Morimoto discloses a non-aqueous electrolyte secondary battery (see non-aqueous electrolyte rechargeable battery, [0019]) comprising:
an electrode assembly (see electrode unit 10, [0019], FIG. 2) in which a first separator (see separator 3, [0019], FIG. 2; note that two separators are present in FIG. 2, and the first separator corresponds to the separator (3) in FIG. 2 represented by the short, regularly hashed lines), a positive electrode plate (see second electrode plate 2, [0019], FIG. 2; note that while Morimoto does in some instances, e.g. [0034], identify the first electrode plate 1 as the positive electrode plate, one of ordinary skill in the art will understand that the polarity of the electrode plates is interchangeable in the design of Morimoto), a second separator (see separator 3, [0019], FIG. 2; note that the second separator corresponds to the separator (3) in FIG. 2 represented by the alternating long and short hashed lines), and a negative electrode plate (see first electrode plate 1, [0019], FIG. 2) are wound by overlapping one another such that the first separator (3) or the second separator (3) is interposed between at least the positive electrode plate (2) and the negative electrode plate (1) ([0019]–[0021], FIG. 2),
the electrode assembly (10) including a flat portion having a flat outer peripheral surface (see flat surfaces 11, [0022], FIG. 2) and two curved surface portions (see rounded edge regions 12, [0022], FIG. 2) respectively arranged at both ends in a first direction of the flat portion and each having a curved outer peripheral surface (FIG. 2);
a winding-end tape (see insulating tape 13, [0028], FIG. 2) attached to an outermost peripheral surface of the electrode assembly (10) to fix a winding-end end portion (see end of outer-most electrode plate 6, [0022], FIG. 2) of the electrode assembly (10) to the outermost peripheral surface of the electrode assembly (10) ([0028], FIG. 2); and
the winding-end tape (13) is arranged in one of the two curved surface portions (12) ([0028], FIG. 2).
Morimoto does not explicitly disclose that the first separator, the positive electrode plate, the second separator, and the negative electrode plate are wound 10 or more winding turns. However, Morimoto does disclose that rolling positive and negative electrode plates many turns reduces the battery’s internal electrical resistance. Note that Morimoto is analogous to the claimed invention as it is in the same field of non-aqueous electrolyte secondary batteries.
A result-effective variable is a variable which achieves a recognized result. The determination of the optimum or workable ranges of a result-effective variable is routine experimentation and therefore obvious (MPEP § 2144.05.II). In the instant case, the number of winding turns is a variable that achieves the recognized result of affecting the internal electrical resistance, as disclosed by Morimoto, thus making the number of winding turns a result-effective variable. Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the non-aqueous electrolyte secondary battery of Morimoto such that the first separator, the positive electrode plate, the second separator, and the negative electrode plate are wound 10 or more winding turns via routine experimentation, for the purpose of achieving a suitable internal electrical resistance.
Morimoto discloses a positive electrode protection tape (see insulating protective tape 14, [0029], FIG. 2) attached to a winding-end-side end portion of the positive electrode plate (2), instead of a winding-start-side end portion as claimed.
However, Morimoto does disclose that the purpose of the positive electrode protection tape (14) is to cover the ridge at the end of the positive electrode plate (2) in order to prevent it from piercing through the separator (3), contacting the negative electrode plate (1), and causing a short circuit. One of ordinary skill in the art will understand that this advantage of having the positive electrode protection tape (14) at the winding-end-side end portion of the positive electrode plate (1) would also be derived from having the positive electrode protection tape (14) at the winding-start-side end portion of the positive electrode plate (1), which would also have a ridge as described. It would therefore have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the non-aqueous electrolyte secondary battery of modified Morimoto such that it comprises a positive electrode protection tape attached to a winding-start-side end portion for the purpose of covering the ridge at the end of the positive electrode plate in order to prevent it from piercing through the separator, contacting the negative electrode plate, and causing a short circuit.
Modified Morimoto does not explicitly disclose wherein the positive electrode protection tape (14) is arranged along a curved surface of the winding-start-side end portion of the positive electrode plate (2) in one or the other of the two curved surface portions (12).
However, Morimoto does disclose ([0022]) that situating the winding-end-side end portion of the outermost electrode plate on a curved surface portion (12) of the electrode assembly (10) is preferable, as if the winding-end-side end portion of the outermost electrode plate is positioned on a flat portion (11), a step is formed along this boundary, and thus uniform pressure will not be applied over the entire surface of the electrode assembly (10). Based on this disclosure, one of ordinary skill in the art will understand that any electrode plate end portion—either a winding-start-side or winding-end-side end portion—will be pressed with a step formed along the boundary when the end portion is positioned on a flat portion (11). It therefore would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the non-aqueous secondary battery of modified Morimoto such that the winding-start-side end portion of the positive electrode plate is situated in one or the other of the two curved surface portions (12) (which would necessarily result in the positive electrode protection tape (14) being arranged along a curved surface of the winding-start-side end portion of the positive electrode plate (2) in one or the other of the two curved surface portions (12)), as doing so would avoid the formation of a step and thus the application of nonuniform pressure to the surface of the electrode assembly.
Modified Morimoto does not disclose wherein the positive electrode protection tape is solely composed of the positive electrode protection tape which is folded in an intermediate portion and is formed into a U shape in cross section such that both end side portions of the positive electrode protection tape are respectively attached to both side surfaces of the winding-start-side end portion of the positive electrode plate so as to cover the winding-start-side end portion of the positive electrode plate. Instead, Morimoto discloses an alternative configuration wherein the positive electrode protection tape (14) is composed of two positive electrode protection tapes opposing each other and having adhesive layers on an inner side of each of the positive electrode protection tapes (14), wherein the adhesive layers are respectively attached to both side surfaces of the winding-end-side end portion of the positive electrode plate (2), and portions protruding from the winding-end-side end portion are attached each other by overlapping each other (FIG. 2, [0029]).
Urabe teaches an electrode (see positive electrode 9 or negative electrode 10, [0043], FIG. 3) protection tape (see insulating tape 23, [0043], FIG. 3) attached to a winding-start-side end portion (see tip on the inner periphery side, [0043]) of the electrode plate, wherein the electrode protection tape is solely composed of the electrode protection tape which is folded in its intermediate portion into a U shape in cross section such that both end side portions of the electrode plate so as to cover the winding-start-side end portion of the electrode plate (FIG. 3). Similar to Morimoto, Urabe teaches ([0011], [0013]) that the electrode protection tape acts as an insulator to prevent contact between the electrode plates in the event the separator shrinks or breaks, preventing short circuit.
KSR Rationale B (see MPEP § 2141) states that it is obvious to perform “simple substitution of one known element for another to obtain predictable results”. In the instant case, Morimoto and Urabe disclose known configurations of electrode protection tapes which serve the same purpose, i.e. to prevent contact between electrode plates and short circuit by covering an electrode plate winding end portion. As such, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify modified Morimoto such that the positive electrode protection tape has the configuration taught by Urabe, i.e. such that the positive electrode protection tape is solely composed of the positive electrode protection tape which is folded in an intermediate portion and is formed into a U shape in cross section such that both end side portions of the positive electrode protection tape are respectively attached to both side surfaces of the winding-start-side end portion of the positive electrode plate so as to cover the winding-start-side end portion of the positive electrode plate, with the reasonable expectation that such a substitution would result in a positive electrode tape that sufficiently prevents contact between electrode plates and short circuit.
Regarding Claim 4, modified Morimoto discloses the non-aqueous electrolyte secondary battery of Claim 1. As described above in the rejection of Claim 1, modified Morimoto discloses wherein the positive electrode protection tape (14) is arranged along a curved surface of the winding-start-side end portion of the positive electrode plate (14) in one of the two curved surface portions (12).
Morimoto does not explicitly disclose wherein a winding-start-side end portion of the negative electrode plate (1) is positioned closer to a winding-start side than the winding-start-side end portion of the positive electrode plate (2), and the winding-start-side end portion of the negative electrode plate (1) is positioned in the other curved surface portion (12).
As described above in the rejection of Claim 1, one of ordinary skill in the art will understand that any electrode plate end portion—either a winding-start-side or winding-end-side end portion—will be pressed with a step formed along the boundary when the end portion is positioned on a flat portion (11), thus resulting in non-uniform pressure being applied over the surface of the electrode assembly (10). One of ordinary skill in the art will further understand that positioning the winding-start-side end portion of an electrode plate in a curved surface portion (12) will necessarily change the diameter of that curved surface portion (12) relative to the diameter of the other curved surface portion (12), and that as a result of these differing diameters, the curved surface portions (12) experience different applied pressures during pressing. As such, one of ordinary skill in the art will understand that positioning the winding-start-side end portions of the positive electrode plate (1) and negative electrode plate (2) at opposite curved surface portions (12) will result in both curved surface portions (12) being equally changed in diameter, and thus experiencing equal applied pressures during pressing.
It therefore would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the non-aqueous electrolyte secondary battery of modified Morimoto such that the winding-start-side end portion of the negative electrode plate (1) is positioned closer to a winding-start side than the winding-start-side end portion of the positive electrode plate (2), and the winding-start-side end portion of the negative electrode plate of the negative electrode plate (1) is positioned in the other curved surface portion (12), for the purpose of ensuring that a uniform pressure is applied over the entire electrode assembly (10) surface during pressing.
Regarding Claim 6, modified Morimoto discloses the non-aqueous electrolyte secondary battery according to Claim 1. Modified Morimoto further discloses a method for manufacturing the non-aqueous electrolyte secondary battery according to Claim 1, the method including:
a pre-press electrode assembly formation step in which the first separator (3), the positive electrode plate (2), the second separator (3), and the negative electrode plate (1) are wound 10 or more winding turns by overlapping one another such that the first separator (3) or the second separator (3) is interposed between at least the positive electrode plate (2) and the negative electrode plate (1) to form a pre-press electrode assembly such that its outer peripheral surface has a cylindrical shape ([0021], [0041]; note that [0021] discloses that the pre-press electrode assembly is spiral shaped, and that the flat portions (11) of the electrode unit 10 are formed during pressing; as such, one of ordinary skill in the art will understand that the spiral shape of the pre-press electrode assembly would necessary have a non-flat outer peripheral surface with a cylindrical shape); and
a molding press step in which the pre-press electrode assembly is pressed in a radial direction perpendicular to a first direction to mold the electrode assembly (10) in a flat-shape, the first direction being that of the flat portion (11) of the electrode assembly (10) being formed after the pre-press electrode assembly formation step ([0021], [0041]).
Response to Arguments
Applicant’s arguments 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.
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 JULIA MARIE FEHR, Ph.D. whose telephone number is (571)270-0860. The examiner can normally be reached Monday - Friday 9:00 AM - 5:00 PM EST.
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/J.M.F./Examiner, Art Unit 1725
/BASIA A RIDLEY/Supervisory Patent Examiner, Art Unit 1725