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
This office action is in response to the amendment filed on 08/07/2025.
Claim 1 has been amended.
Claims 2-4 and 11-19 have been cancelled.
Claims 1, 5-10 and 20 are pending this office action.
Response to Arguments
Applicant's arguments filed on 08/07/2025 have been fully considered but they are not persuasive.
As to claim 1, applicant argues that Torata’s (JP2010040488A) conductive layer 11y extends to the end of the inner periphery at symbol “a” and therefore not meeting the requirements of claim 1. Claim 1 of the instant application requires that the first end of the first layer be oriented on the inward side of the battery roll and the second end of the second layer be oriented in the outward side of the battery roll. The conductive layer 11y of Torata’s invention is not considered the first layer/current collector.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1, 6-7, 9-10 and 20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Torata (JP2010040488A).
As to claim 1, Torata teaches a wound-type lithium-ion battery. Torata discloses a wound body (electrode body) (par. [0010]) in which a battery sheet is wound (par. [0031]) around a first end thereof as an axis, wherein the battery sheet (positive electrode 11, a negative electrode 12, a separator 13) includes: a resin film 11x having a conductive layer formed on both sides or one side thereof as a current collector which includes a first layer having a first surface (fig. 2- top of 11x) and a second surface facing a side opposite to the first surface (fig. 2- bottom of 11x) and including a resin 11x, a first metal (aluminum) layer on the first surface of the first layer 11y (par. [0032]), and a second metal (aluminum) layer on the second surface of the first layer 11y (par. [0032]);
a first positive electrode active material layer 11z which is cylindrically wound/laminated on the first metal layer (par. [0020]);
a second positive electrode active material layer 11z which is cylindrically wound/laminated on the second metal layer (par. [0020]); and
a separator 13 comes into contact with the first positive electrode active material layer 11z, and wherein the porous separator 13 is sandwiched between the positive electrode 11 and the negative electrode 12 (par. [0002], [0020]); and
wherein a first end/starting point (label a) of the current collector/resin film 11x is wounded on the inward side of the cylindrical battery as evident in fig. 3 (par. [0045]), the first end (label a) consists of a separator 13, positive 11 and negative 12 electrodes and current collector/resin film 11x (par. [0020]); and
the second surface of the first layer is positioned on the outward side of the roll of the wounded battery at the second end (endpoint label c) as evident in fig. 3 (par. [0045]), the second end consist of the current collector/resin film 11x and the separator 13 (par. [0043]).
The mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Torata (JP2010040488A) as applied to claim 1 above, and further in view of evidentiary reference Cheremisinoff (https://www.sciencedirect.com/science/chapter/monograph/pii/B9780080502823500214).
As to claim 5, Torata teaches the first layer as a polymer and therefore is an insulator (par. [0034]). Torata discloses that polyethylene (PE) and polypropylene (PP), polystyrene (PS), polyvinyl chloride, and polyamide may be employed as the polymer. Yong further teaches that polyethylene (PE) has an electrical resistivity of 3.3E16 ohm*cm. Torata discloses the layer but fails to disclose the resistivity of PE however this is a property of PE and Yong teaches that the average resistivity is 3.3E16 ohm*cm.
When the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Torata (JP2010040488A) as applied to claim 1 above, and further in view of Nishimura (JP2004253350A).
As to claim 8, Torata teaches opposing conductive layers 11y made of aluminum (par. [0032]). Torata fails to disclose whether the metal layers include metals or alloys different from each other.
Nishimura teaches that the conductive layers can be made of stainless steel, aluminum, an aluminum alloy, titanium, carbon, or the like can be used (par. [0021]). The use of different metals/alloys comes with the goal to employ an electronic conductor that does not cause a chemical change in the configured battery (par. [0021]).
It would have been obvious to one of ordinary skill in the art to add the different metals/alloys of Nishimura's invention to Torata's conductive layers in order to employ an electronic conductor that does not cause a chemical change in the configured battery (par. [0021]).
Conclusion
THIS ACTION IS MADE FINAL. 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 JADE S SIMMONS whose telephone number is (571)270-7254. The examiner can normally be reached M - F 9:00am - 5:00pm EST.
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, Barbara Gilliam can be reached at (571) 272 1330. 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.
JADE SIMMONS
Examiner
Art Unit 1727
/J.S.S./ Examiner, Art Unit 1727
/Maria Laios/Primary Examiner, Art Unit 1727