DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 09/15/2026 has been entered.
Claim Status
Claims 6-7 have been canceled.
Claims 1, 4 and 5 have been amended; support for the amendment can be found in Fig. 3, 6 and 7.
Claims 1-5 and 8-17 have been examined on the merits.
Response to Arguments
Applicant's arguments filed 09/15/2025 have been fully considered but they are not persuasive.
Applicant argues that Okuno in view of Tetsuya fails to disclose the claimed protection member and insulator (pg. 8, para. 1-2). This argument is not found persuasive because a new grounds of rejection has been made in view of Okuno and Tetsuya which discloses wherein a protection member (annotated Fig.1; PM) having insulation ([0047]) is attached to (annotated Fig. 1; PM is indirectly attached to CP) and surrounds (Fig. 1) the coupled portion (CP) of the second electrode tab (2ET) and the second lead tab (2LT), and
wherein an insulator (annotated Fig. 4; I) is disposed between the electrode assembly (EA) and the upper can (12) to be between the second tab part (22AY, 40) and the electrode assembly (EA) such that the second tab part (22AY, 40) is insulated (I is made of the same material as the separator of the electrode assembly, ergo I must be insulating) from the electrode assembly (EA).
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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.
Claim(s) 1-5 and 8-17 are rejected under 35 U.S.C. 103 as being unpatentable over Okuno (US-20220231384-A1) in view of Tetsuya (US 20040048151 A1).
Regarding claim 1, Okuno discloses wherein a button-type secondary battery (Fig. 1; [0011]) comprising:
an electrode assembly (annotated Fig. 4; EA) including a first electrode (Fig. 3; 21AX, 21B) and a second electrode (Fig. 4; 22AX, 22B) with a separator (annotated Fig. 4; 23 within EA) therebetween;
a lower can (Fig. 1; 11) configured to accommodate the electrode assembly;
an upper can (Fig. 1; 12) coupled to an opening (Fig. 1; opening in 11) of the lower can (11);
a gasket (annotated Fig. 1; G) configured to electrically insulate ([0047]) the lower can (11) and the upper can (12) from each other;
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a first tab part (Fig. 2; 21AY, 30) configured to connect the first electrode (21AX, 21B) of the electrode assembly (EA) to the lower can (11); and
a second tab part (Fig. 2; 22AY, 40) configured to connect the second electrode (22AX, 22B) of the electrode assembly (EA) to the upper can (12),
wherein the second tab part (22AY, 40) comprises a second electrode tab (annotated Fig. 4; 2ET) and a second lead tab (annotated Fig. 4; 2LT), wherein the second electrode tab (2ET) is connected to the second electrode (22AX, 22B), and the second lead tab (2LT) connects the second electrode tab (2ET) to the upper can (12),
wherein the second lead tab (2LT) comprises:
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a first rear end (annotated Fig. 4; 1RE) overlapping the second electrode tab (2ET); and
a first front end (annotated Fig. 4; 1FE) overlapping the upper can (12),
wherein the first rear end (1RE) and the first front end (1FE) of the second lead tab (2LT) do not extend to an inner circumferential surface (Fig. 1; inner circumferential surface of 12) of the upper can (12) so that a length (annotated Fig. 4; L2) from the first rear end (1RE) to the first front end (1FE) of the second lead tab (2LT) is less than an inner diameter (Fig. 1; inner diameter of 12) of the upper can (12),
wherein the first front end (1FE) is one edge (annotated Fig. 4; 1FE) of the second lead tab (2LT),
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wherein the first rear end (1RE) is another edge (annotated Fig. 4; 1RE) of the second lead tab (2LT) that is farthest (Fig. 4) from the first front end (1FE), wherein the second lead tab (2LT) extends horizontally (annotated Fig. 4; along X) from the first front end (1FE) to the first rear end (1RE) without extending vertically (annotated Fig. 4; along Z) from the first front end (1FE) to the first rear end (1RE),
wherein the second electrode tab (2ET) comprises:
a rear end (annotated Fig. 4; RE) coupled to the second electrode (22AX, 22B) of the electrode assembly (EA);
a front end (annotated Fig. 4; FE) coupled to and overlapped with the second lead tab (2LT) to define a coupled portion (annotated Fig. 1; CP) of the second electrode tab (2ET) and the second lead tab (2LT); and
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a withdrawal end (annotated Fig. 4; WE) disposed between the rear end (RE) and the front end (FE) and disposed on a surface (annotated Fig. 4; surface of EA facing 40) of the electrode assembly (EA), which corresponds to the upper can (12), and
wherein a length (annotated Fig. 4; L1) from the withdrawal end (WE) to the front end (FE) of the second electrode tab (2ET) is less than a width (annotated Fig. 4; W1) of the second electrode tab (2ET),
wherein a protection member (annotated Fig.1; PM) having insulation ([0047]) is attached to (annotated Fig. 1; PM is indirectly attached to CP) and surrounds (Fig. 1) the coupled portion (CP) of the second electrode tab (2ET) and the second lead tab (2LT), and
wherein an insulator (annotated Fig. 4; I; I points to outermost 23) is disposed between the electrode assembly (EA) and the upper can (12) to be between the second tab part (22AY, 40) and the electrode assembly (EA) such that the second tab part (22AY, 40) is insulated (I is made of the same material as the separator of the electrode assembly, ergo I must be insulating) from the electrode assembly (EA).
Okuno fails to disclose “a jelly roll electrode assembly” and wound around a vertical axis.
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Tetsuya discloses a jelly-roll (“coiled”; [0068]) electrode assembly (Fig. 12; 1C) including a first electrode (Fig. 11B; 8a) and a second electrode (Fig. 11A; 7a) with a separator therebetween ([0069]) wound around a vertical axis (annotated Fig. 12; X represents winding axis).
It would have been obvious to one of ordinary skill in the art to have modified Okuno by substituting a wound configuration for the stacked configuration of Okuno such that Okuno possessed a jelly-roll electrode assembly including a first electrode and a second electrode with a separator therebetween wound around the vertical axis of Okuno in order to achieve good space efficiency as taught by Tetsuya ([0069]).
Regarding claim 2, Okuno in view of Tetsuya discloses wherein the second electrode tab (2ET) has a length (annotated Fig. 4; L1) less than that (annotated Fig. 4; L2) of the second lead tab (2LT).
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Regarding claim 3, Okuno in view of Tetsuya discloses wherein the second electrode tab (2ET) has a thickness (annotated Fig. 4; dimension at FE going into the page) less than (Fig. 2) that (annotated Fig. 4; dimension at 1FE going into the page) of the second lead tab (2LT).
Regarding claim 4, Okuno in view of Tetsuya discloses wherein the second electrode tab (2ET) and the second lead tab (2LT) are welded ([0099];[0101]) to each other with corresponding ends (annotated Fig. 4; WE and 1RE) of the second electrode tab (2ET) and the second lead tab (2LT) partially overlapping (Fig. 4) each other at the coupled portion (CP) of the second electrode tab (2ET) and the second lead tab (2LT).
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Regarding claim 5, Okuno in view of Tetsuya fails to disclose wherein the coupled portion of the second electrode tab and the second lead tab has a length of 1.5 mm to 10.0 mm.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Okuno in view of Tetsuya by selecting a length of 1.5 mm to 10.0 mm for the length of the coupled portion of Okuno in view of Tetsuya because Okuno teaches that the dimensions of the secondary battery are not limited ([0037]) and using a length within that range would not change the performance of Okuno in view of Tetsuya’s device. The examiner notes that it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Regarding claim 8, Okuno in view of Tetsuya discloses wherein the second electrode tab (2ET) and the second lead tab (2LT) respectively include materials ([0061]) different ([0061]) from each other.
Regarding claim 9, Okuno in view of Tetsuya fails to explicitly disclose wherein the second electrode tab includes a metal material that is lighter than that of the second lead tab.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified Okuno in view of Tetsuya by using stainless steel as the material of the second electrode tab and copper as the material of the second lead tab, such that the second electrode tab includes a metal material that is lighter than that of the second lead tab because Okuno teaches that the second electrode tab and second lead tab may be made of those materials ([0046]; [0061]; [0078]) and that the materials of each may be different from each other ([0061]).
Regarding claim 10, Okuno in view of Tetsuya discloses wherein the second lead tab (2LT) includes a flexible metal material (“copper”; [0046; [0078] teaches that the material of 22AY may be the same as that of the can 12; [0061] teaches that the material of 40 may be the same or different from the material of 22AY).
Regarding claim 11, Okuno in view of Tetsuya discloses wherein the first tab part (21AY, 30) comprises a first electrode tab (Fig. 3; 21AY) and a first lead tab (Fig. 3; 30), and wherein the first electrode tab (21AY) is connected to the first electrode (21AX, 21B), and the first lead tab (30) connects the first electrode tab (21AY) to the lower can (11).
Regarding claim 12, Okuno in view of Tetsuya discloses wherein the first electrode tab (21AY) has a length (annotated Fig. 3; L3) less than that (annotated Fig. 3; L4) of the first lead tab (30).
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Regarding claim 13, Okuno in view of Tetsuya discloses wherein the first rear end (1RE) of the second lead tab (2LT) overlapping the second electrode tab (2ET) extends up to the rear end (RE) of the second electrode tab (2ET) and is bonded to (“welding”; [0099]; [0101) the rear end (RE) of the second electrode tab (2ET).
Regarding claim 14, Okuno in view of Tetsuya discloses wherein the second electrode tab (2ET) includes a horizontal portion (annotated Fig. 4; FE to WE) and a vertical portion (annotated Fig. 4; WE to RE), and wherein the horizontal portion (FE to WE) is closer to (Fig. 4) the second lead tab (2LT) than the vertical portion (RE to WE) is to the second lead tab (2LT).
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Regarding claim 15, Okuno in view of Tetsuya discloses wherein the second electrode tab (2ET) has a first thickness (annotated Fig. 4; dimension of WE into the page; “FT”) and the second lead tab (2LT) has a second thickness (annotated Fig. 4; dimension of 1FE into the page; “ST”), the first thickness (FT) being less (Fig. 2) than the second thickness (ST), and wherein the second electrode tab (2ET) has a first width (annotated Fig. 4; T1) and the second lead tab (2LT) has a second width (annotated Fig. 4; T2), the first width (T1) being less than (Fig. 4) the second width (T2).
Regarding claim 16 and 17, Okuno in view of Tetsuya fails to disclose wherein the second lead tab is rectangular in a plan view.
Tetsuya discloses a lower can (Fig. 14B; 102), an upper can (Fig. 14B; 103), and an electrode assembly (Fig. 14B; 105) that is rectangular (Fig. 13; Fig. 4B; 17; “need not be cut off at its four corners”; [0072]) in plan view.
It would have been obvious to one of ordinary skill in the art to have further modified Okuno in view of Tetsuya by substituting the can, and electrode configuration of Okuno in view of Tetsuya for a can, and electrode configuration that is rectangular in plan view as taught by Tetsuya in order to achieve good space efficiency as taught by Tetsuya ([0072]).
Okuno discloses that a second lead tab (2LT) has a shape (“circular”; [0221]) in a plan view (Fig. 2) that matches a shape (“circular”; [0037]) of the upper (11) and lower (12) cans and the electrode assembly (EA).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have further modified Okuno in view of Tetsuya by making the shape of the second lead tab match the shape of the upper and lower cans and electrode assembly such that the second lead tab is rectangular in a plan view because Okuno teaches that these shapes are designed to match.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRACE A KENLAW whose telephone number is (571)272-1253. The examiner can normally be reached M-F 9:00 AM-6:00 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette-Thompson can be reached at (571) 270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/G.A.K./Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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