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 .
Claim Status
Claims 6-7 have been canceled.
Claim 1 has been amended; support for the amendment can be found in Fig. 1 and 7 and claim 6 of the original specification.
Claims 15-17 are newly added; support for the amendment can be found in [0050] and [0052].
Claims 1-5 and 8-17 have been examined on the merits.
Response to Arguments
Applicant's arguments, with regards to the claimed protection member, filed 04/03/2026 have been fully considered but they are not persuasive.
The examiner notes that it would have been obvious to one of ordinary in the art before the effective filing date of the invention to have attached the protection member of Okuno to the entire circumference of the electrode assembly, to meet the claimed requirements of the protection member, in order to predictably prevent a short circuit between the lower and upper cans and the electrodes, in that location, as taught by Okuno ([0067]).
Applicant’s remaining arguments with respect to claim(s) 1 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.
Tetsuya is now relied on to teach a jelly roll electrode assembly.
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.
Claims 1-5 and 8-17 are 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 recites the limitation "the coupled portion" in line 33. There is insufficient antecedent basis for this limitation in the claim. Claims 2-5 and 8-17 are rejected for dependence on claim 1.
Claim 4 is indefinite because it is unclear if the recitation “an overlapping portion” refers to the previously recited overlapping portion of claim 1 or to another portion. For examination the latter interpretation is used. Claim 5 is rejected for dependence on claim 4.
Claim 5 is indefinite because it is unclear which of the previously recited overlapping portions, the recitation “the overlapping portion” refers to. For examination, the recitation is interpreted as referring to the portion of claim 4.
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 a button-type secondary battery (Fig. 1; [0011]) comprising:
PNG
media_image1.png
598
591
media_image1.png
Greyscale
an electrode assembly (Fig. 1; 20) including a first electrode (Fig. 4; 22AX, 22B) and a second electrode (Fig. 3; 21AX, 21B) with a separator (Fig. 3; 23) therebetween along a vertical axis (annotated Fig. 3; X);
a lower can (Fig. 1; 12) configured to (Fig. 1) accommodate the electrode assembly (20);
an upper can (Fig. 1; 11) coupled to (Fig. 1) an opening (Fig. 1; opening of 12) of the lower can (12);
a gasket (Fig. 1; 50) configured to (Fig. 1) electrically insulate ([0047]) the lower can (12) and the upper can (11) from each other;
a first tab part (Fig. 2; 22AY, 40) configured to (Fig. 1) connect the first electrode (22AX, 22B) of the electrode assembly (20) to the lower can (12); and
a second tab part (Fig. 3; 30A, 21AY) configured to connect the second electrode (21AX, 21B) of the electrode assembly (20) to the upper can (11),
wherein the second tab part (30A, 21AY) comprises a second electrode tab (Fig. 3; 21AY) and a second lead tab (Fig. 3; 30A),
wherein the second electrode tab (21AY) is connected to the second electrode (21AX, 21B), and the second lead tab (30A) connects the second electrode tab (21AY) to the upper can (11),
wherein the second lead tab (30A) comprises:
a first rear end (annotated Fig. 3; 1RE) overlapping the second electrode tab (21AY); and a first front end (annotated Fig. 3; 1FE) overlapping (Fig. 1) the upper can (11), wherein the first rear end (1RE) and the first front end (1FE) of the second lead tab (30A) do not extend to an inner circumferential surface (annotated Fig. 3; ICS) of the upper can (11) so that a length (annotated Fig. 3; L1) from the first rear end (1RE) to the first front end (1FE) of the second lead tab (30A) is less than an inner diameter (annotated Fig. 1; ID) of the upper can (11),
wherein the first front end (1FE) is one edge (annotated Fig. 3; 1FE) of the second lead tab (30A),
wherein the first rear end (1RE) is another edge (annotated Fig. 3; 1RE) of the second lead tab (30A) that is farthest from the first front end (1FE),
wherein the second lead tab (30A) extends horizontally (Fig. 3) from the first front end (1FE) to the first rear end (1RE) without extending vertically (Fig. 3) from the first front end (1FE) to the first rear end (1RE),
wherein the second electrode tab (21AY) comprises a rear end (annotated Fig. 3; RE) coupled to the second electrode (21AX, 21B) of the electrode assembly (20), a front end (annotated Fig. 3; FE) coupled to the second lead tab (30A), and a withdrawal end (annotated Fig. 3; WE) disposed between the rear end (RE) and the front end (FE) and disposed on a surface (annotated Fig. 3; S) of the electrode assembly (20), which corresponds to the upper can (11), and
wherein a length (annotated Fig. 3; L2) from the withdrawal end (WE) to the front end (FE) of the second electrode tab (21AY) is less than a width (annotated Fig. 3; W1) of the second electrode tab (21AY),
wherein a protection member (“insulator”; [0067]) having insulation (“insulator”; [0067]) is attached (“a mounting range of the insulator is not particularly limited , and may thus be freely chosen”; [0067]) to an overlapping portion (annotated Fig. 3; OP) of the second electrode tab (21AY) and the second lead tab (30A), and
a coupled portion (annotated Fig. 3; CP) of the second electrode tab (21AY) and the second lead tab (30A).
PNG
media_image2.png
599
618
media_image2.png
Greyscale
PNG
media_image3.png
624
609
media_image3.png
Greyscale
PNG
media_image4.png
477
512
media_image4.png
Greyscale
Okuno fails to disclose wherein the protection member is attached to surround the coupled portion of the second electrode tab and the second lead tab. However, it would have been obvious to one of ordinary in the art before the effective filing date of the invention to have attached the protection member of Okuno to the entire circumference of the electrode assembly, such that the protection member is attached to surround the coupled portion of the second electrode tab and the second lead tab, because Okuno teaches that the mounting position of the protection member is not limited ([0067]) and doing so would have predictably prevented a short circuit between the lower and upper cans and the electrodes, in that location, as taught by Okuno ([0067]).
Modified Okuno fails to disclose “a jelly roll electrode assembly” and wound around the vertical axis.
PNG
media_image5.png
321
313
media_image5.png
Greyscale
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 further 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 (21AY) has a length (annotated Fig. 3; L2) less than that (annotated Fig. 3; L1) of the second lead tab (30A).
Regarding claim 3, Okuno in view of Tetsuya discloses wherein the second electrode tab (21AY) has a thickness (annotated Fig. 3; T2) less than that (annotated Fig. 3; T1) of the second lead tab (30A).
PNG
media_image6.png
546
550
media_image6.png
Greyscale
PNG
media_image7.png
599
618
media_image7.png
Greyscale
Regarding claim 4, Okuno in view of Tetsuya discloses wherein the second electrode tab (21AY) and the second lead tab (30A) are welded ([0099]) to each other with corresponding ends (annotated Fig. 3; 1FE and FE) of the second electrode tab (21AY) and the second lead tab (30A) partially overlapping (Fig. 3) each other at an overlapping portion (annotated Fig. 3; 1FE and FE).
Regarding claim 5, Okuno in view of Tetsuya discloses wherein the overlapping portion (1FE, FE) of the second electrode tab (21AY) and the second lead tab (30A) has a length of 1.5 mm to 10.0 mm ([0037] teaches that dimensions of the secondary battery are not limited).
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 by substituting a length of 1.5 mm to 10.0 mm for the length of the overlapping portion of Okuno 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’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 (MPEP 2144.04).
Regarding claim 8, Okuno in view of Tetsuya discloses wherein the second electrode tab (21AY) and the second lead tab (30A) respectively include materials ([0057]) different ([0057]) from each other.
Regarding claim 9, Okuno in view of Tetsuya discloses wherein the second electrode tab (21AY) includes a metal material (“aluminum”; [0045]; [0075] teaches that the material of 21AY may be the same as that of the upper can 11) that is lighter than that (“stainless steel”; [0045]; [0075] teaches that the material of 21AY may be the same as that of the upper can 11; [0057] teaches that the material of 30A may be the same or different from the material of 21AY) of the second lead tab (30A).
It would have been obvious to one of ordinary skill in the art to have used aluminum as the material of the second electrode tab and stainless steel 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 ([0045]; [0057]; [0075]) and that the materials of each may be different from each other ([0057]).
Regarding claim 10, Okuno in view of Tetsuya discloses wherein the second lead tab (30A) includes a flexible metal material (aluminum, aluminum alloy and stainless steel per [0045]; [0075] teaches that the material of 21AY may be the same as that of the upper can 11; [0057] teaches that the material of 30A may be the same or different from the material of 21AY).
Regarding claim 11, Okuno in view of Tetsuya discloses wherein the first tab part (22AY, 40) comprises a first electrode tab (Fig. 4; 22AY) and a first lead tab (Fig. 4; 40), and wherein the first electrode tab (22AY) is connected to the first electrode (22AX, 22B), and the first lead tab (40) connects the first electrode tab (22AY) to the lower can (12).
PNG
media_image8.png
561
568
media_image8.png
Greyscale
Regarding claim 12, Okuno in view of Tetsuya discloses wherein the first electrode tab (22AY) has a length (annotated Fig. 4; L3) less than that (annotated Fig. 4; L4) of the first lead tab (40).
Regarding claim 13, Okuno in view of Tetsuya discloses wherein the first rear end (1RE) of the second lead tab (30A) overlapping the second electrode tab (21AY) extends up to the rear end (RE) of the second electrode tab (21AY) and is bonded to (“welding”; [0099]) the rear end (RE) of the second electrode tab (21AY).
Regarding claim 14, Okuno in view of Tetsuya discloses wherein the second electrode tab (21AY) includes a horizontal portion (Fig. 3; 21AY3) and a vertical portion (Fig. 3; 21AY2), and wherein the horizontal portion (21AY3) is closer to (Fig. 3) the second lead tab (30A) than the vertical portion (21AY2) is to the second lead tab (30A).
Regarding claim 15, Okuno in view of Tetsuya discloses wherein the second electrode tab (21AY) has a first thickness (annotated Fig. 3; T1) and the second lead tab (30A) has a second thickness (annotated Fig. 3; T2), the first thickness (T1) being less (Fig. 3) than the second thickness (T2), and wherein the second electrode tab (21AY) has a first width (annotated Fig. 3; W1) and the second lead tab (30A) has a second width (annotated Fig. 3; W2), the first width (W1) being less than (Fig. 3) the second width (W2).
PNG
media_image9.png
565
586
media_image9.png
Greyscale
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 (Fig. 2; 30A) 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 (Fig. 2; 20).
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
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 GRACE A KENLAW whose telephone number is (571)272-1253. The examiner can normally be reached M-F 9:00 AM-6:00 PM.
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, 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.
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.
/G.A.K./Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
Prosecution Insights