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 .
Information Disclosure Statement
The information disclosure statement(s) (IDS) submitted on 11/12/2025 has been considered by the examiner.
Response to Amendment
Examiner acknowledges the following amendments made to the claims:
New claims 8-11 added
Response to Arguments
Applicant's arguments filed 10/23/2025 have been fully considered but they are not persuasive. Specifically, examiner finds that the previously presented combination of Ura and Arai does teach the limitations of claim 1. Given that applicant provides no arguments for previously presented claims 1-7, those rejections remain in place and unchanged. Examiner will respond to applicant arguments regarding claim 1 in order:
First, applicant cited a number of teachings from Arai and then proceeds to state how Arai would not be sufficient to cure the deficiencies of Ura due to the positive collecting section of Arai not being provided for the part of collecting section 9 positioned in the innermost periphery of set 4 of electrode plates in the revolving state and thus, not provided at the part indicated by an arrow, in the revolving state. Examiner notes that this is only one embodiment of the invention, involving the revolving state, and that Arai still clearly teaches the limitations of claim 1 not found in Ura. Arai clearly states that the cut-off portion is in the innermost portion, i.e. at one end in a transverse direction on a winding start side of the electrode winding body. Thus, this argument is not considered persuasive by the examiner. Additionally Arai depicts cutoff portion 1a in figures 2(a) through 2(c) in addition to 2(d).
Second, applicant cites that Arai figure 2(d) corresponds to comparative example 1 disclosed by the instant application, which has worse characteristics than examples 1-5 and therefore wouldn’t cure the deficiencies of Ura. Examiner finds this non persuasive for 2 reasons. Firstly, because the teachings of Arai still meet the limitations of the claim, it being different that what is taught in the instant specification would not overcome the rejection. Applicant would need to broaden their claims to specifically teach how their examples differ from the teachings of Ura modified with Arai. Second, as stated above, Arai figure 2(d) is only one embodiment and Arai teaches that collector part 1a is cut off in all of the embodiments.
Based on the above arguments, examiner finds that the combination of Ura and Arai still teaches all of the limitations of claim 1, and the rejection is maintained and unchanged. Rejections for claims 2-7 remain in place and unchanged as well.
Regarding new claims 8-11, examiner finds that they are not allowable based on a combination of Cheon (US 20050287432 A1) and Ura (US 20040237290 A1). In the process of considering the new claims, examiner finds that Cheon also teaches all of the limitations of claims 1-6, and teaches all of the limitations of claim 7 when further combined with Tokuda (US 20200395596 A1). These alternative rejections are provided below. Based on the further search and consideration applied to the new claims, there is currently not considered to be any allowable subject matter present in the claims.
Examiner acknowledges applicant’s statement about the provisional nonstatutory double patenting rejection. Since no argument is made, the provisional rejection is maintained until such time that applicant overcomes it/allowable subject matter is pursued, as stated by applicant.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 4, and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ura (US 20040237290 A1) in view of Arai (US 20050142436 A1)
Regarding claim 1, Ura teaches all of the following limitations:
A secondary battery (“A lithium-ion rechargeable battery according to an embodiment of the rechargeable battery of the present invention is described below” Ura paragraph 0019) comprising
an electrode winding body having a structure in which a strip-shaped positive electrode and a strip-shaped negative electrode are stacked with a separator interposed therebetween and wound (“An electrode plate group 30 constituted by superimposing a positive electrode plate 21, in which positive electrode material 21a is attached to a positive electrode current collector 21b, and a negative electrode plate 22, in which negative electrode material 22a is attached to a negative electrode current collector 22b, wound in spiral fashion with a separator 23” Ura paragraph 0005, figure 1. It can be seen in figure 1 that the positive and negative electrodes are strip-shaped, as shown in the drawings of the instant application)
a positive electrode collector plate (positive electrode current collector 21b, Ura paragraph 0005, figure 1), and a negative electrode collector plate (negative electrode current collector 22b, paragraph 0005, figure 1) are housed in a battery can (Ura figures 1 and 3 depict the electrodes being housed in a battery can)
the positive electrode having a positive electrode active material covered portion covered with a positive electrode active material (“positive electrode plate 1 is constituted by coating both surfaces of a positive electrode current collector 1b with a positive electrode material 1a” Ura paragraph 0021, figure 1) and a positive electrode active material non-covered portion (“a side part (in the example illustrated, the top part) of this positive electrode current collector 1b projects from the portion that is coated with the positive electrode material 1a.” Ura paragraph 0021, figure 1) on a strip-shaped positive electrode foil (“The positive electrode current collector 1b is made of aluminum foil or the like.” Ura paragraph 0023).
the negative electrode having a negative electrode active material covered portion covered with a negative electrode active material (The negative electrode plate 2 is constituted by coating both surfaces of negative electrode current collector 2b with a negative electrode material 2a” Ura paragraph 0021, figure 1) and a negative electrode active material non-covered portion (“a side part opposite from the projected portion of the positive electrode current collector 1b (in the example illustrated, the bottom part) of this negative electrode current collector 2b projects from the portion that is coated with the negative electrode material 2a.” Ura paragraph 0021, figure 1) on a strip-shaped negative electrode foil (“The negative electrode current collector 2b is made of copper foil or the like” Ura paragraph 0024).
the positive electrode active material non-covered portion being joined to a positive electrode current collector plate at one end portion of the electrode winding body (“a side part (in the example illustrated, the top part) of this positive electrode current collector 1b projects from the portion that is coated with the positive electrode material 1a.” Ura paragraph 0021, figure 1) In this case, the positive electrode active material non-covered portion is also the positive electrode current collector, which therefore meets the limitation as it would inherently meet with the current collector at one end portion of the electrode winding body.)
the negative electrode active material non-covered portion being joined to the negative electrode current collector plate at the other end portion of the electrode winding body (“a side part opposite from the projected portion of the positive electrode current collector 1b (in the example illustrated, the bottom part) of this negative electrode current collector 2b projects from the portion that is coated with the negative electrode material 2a.” Ura paragraph 0021, figure 1. Same reasoning as used for above limitation, if the non-covered portion is the current collector, it would inherently meet this limitation.)
the electrode winding body having a flat surface (flat planes 11 and 12, Ura paragraph 0029, figure 1) formed by bending any one or both of the positive electrode active material non-covered portion and the negative electrode active material non-covered portion toward a central axis of the wound structure (“the projected portions of the current collectors 1b, 2b are elastically deformed to be bent radially inwards substantially at 90 degree as shown by the phantom lines, whereby flat planes 11, 12 are formed at opposite ends of the electrode plate group.” Ura paragraph 0029, figure 1) and overlapping the positive electrode active material non-covered portion and the negative electrode active material non-covered portion (“positive electrode plate 1 and negative electrode plate 2 thus produced are opposed to each other with an intervening separator 3 therebetween and wound around in spiral fashion to form an electrode plate group 10, in such a manner that the portions of the current collectors 1b, 2b which were left uncoated project at opposite ends of the electrode plate group 10.” Ura paragraph 0029, figure 1)
and a groove formed in the flat surface (“FIG. 4 illustrates a modified example of a current collecting plate 8 or 9, in which a plurality of ribs 16 are formed projecting towards the projected portions of the current collectors 1b, 2b of the electrode plate group 10 in radial fashion.” Ura paragraph 0034, fig 4, ribs are equivalent to groove as shown in the instant application.)
Ura fails to teach the following:
the positive electrode having a positive electrode cut- out portion at one end in a transverse direction of the positive electrode on a winding start side of the electrode winding body,
the negative electrode having a negative electrode cut- out portion at one end in the transverse direction of the negative electrode on the winding start side of the electrode winding body,
and an end of the positive electrode cut-out portion being present at the positive electrode active material non- covered portion,
and an end of the negative electrode cut- out portion being present at the negative electrode active material non-covered portion.
However, Arai teaches all of the limitations of claim 1 that are not found in Ura. Specifically, Arai teaches the following:
the positive electrode having a positive electrode cut- out portion at one end in a transverse direction of the positive electrode on a winding start side of the electrode winding body, (“the part of positive collecting section 9 positioned in the innermost section is cut off after positive collecting section 9 is formed, alternatively, the part of collector la of positive electrode positioned in the innermost section is cut off in advance.” Arai [0043])
the negative electrode having a negative electrode cut- out portion at one end in the transverse direction of the negative electrode on the winding start side of the electrode winding body, (“The process of cutting off the part of negative collecting section 15 which is positioned in the innermost periphery of set 4 of electrode plates is the same as positive electrode plate 1.” Arai [0049])
and an end of the positive electrode cut-out portion being present at the positive electrode active material non- covered portion, (“More specifically, the positive collecting section 9 is cut with a cutter from the end edge of positive collecting section 9 towards a direction parallel to a shorter side of stripe-shaped positive electrode plate 1, that is, to boundary 12 between the section which is coated with positive active-substance 1b and positive collector 1a.” Arai [0053])
and an end of the negative electrode cut- out portion being present at the negative electrode active material non-covered portion. (“Moreover, stripe-shaped negative electrode plate 2 can be formed in the same manner as stripe-shaped positive electrode plate 1.” Arai [0054])
Ura and Arai are considered to be analogous because they are both within the same field of batteries containing strip-shaped positive and negative electrodes. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the battery structure of Ura to include the electrode cut-out portions of Arai on top of the active material non-covered portions of Ura in order to prevent damage when bending the end of the electrode portions and to improve the connection of the collectors rolled with the electrode plates (“positive electrode plate and the negative electrode plate are revolved into a roll with a separator being sandwiched therebetween, and the collectors are incorporated with the collecting plates. Furthermore, the end sections of the collectors connected with the collecting plates are improved, so that the rolled electrochemical components with high quality can be provided.” Arai [0102]).
By using the cut-out portions of Arai, the limitations of claim 4 would be met as well without requiring any further modification or motivation.
Regarding claim 4, modified Ura teaches all of the elements of claim 1, as shown above. Ura is silent on the following elements of claim 4:
The secondary battery according to claim 1, wherein each of a length of the positive electrode cut-out portion along a longitudinal direction of the positive electrode and a length of the negative electrode cut-out portion along the longitudinal direction of the negative electrode corresponds to once or more and five times or less an inner peripheral portion of the electrode winding body.
However, Arai teaches all of the elements of claim 4 that are not found in Ura. Specifically, Arai teaches a cut-out portion having a length that meets the claimed limitations, based on the overall peripheral portion of the electrode winding body:
The secondary battery according to claim 1, wherein each of a length of the positive electrode cut-out portion along a longitudinal direction of the positive electrode and a length of the negative electrode cut-out portion along the longitudinal direction of the negative electrode corresponds to once or more and five times or less an inner peripheral portion of the electrode winding body. (“Positive electrode plate 1 is formed to have the size of approximately 55 mm in width and 570 mm in length. “ Arai [0045] and “When cutting off the part of collecting section 9 which is in the innermost periphery of set 4 of electrode plates, the cutting process begins … and ends at the point approximately 100 mm away from the end edge, the section therebetween of positive collecting section 9 being cut off.” Arai [0046]. The cut-out portion of Arai has a length of 100mm, which, if the overall length was chosen to be anywhere between 100mm and 500mm, would meet the claimed limitation. This is the same for the negative electrode except the range is 61mm-600mm, which would still encompass the claimed limitation)
The examiner takes note of the fact that the prior art ranges of 1 time or more or 6 times or less of the ratio between the length of the cutout portion to the length of the inner peripheral portion of the electrode winding body encompasses the claimed range of 1 time or more or 5 times or less for the same parameter. The examiner’s understanding is that if the cut-out portion has a length of 100mm, then the minimum the length that the peripheral portion could be for that embodiment would also be 100mm, as it would not be possible to cut out a portion larger than the length as a whole. Absent any additional and more specific information in the prior art, a prima facie case of obviousness exists. In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379 (Fed. Cir. 2003). MPEP 2144.05.
Regarding claim 5, modified Ura teaches all of the following limitations
The secondary battery according to claim 1, wherein the positive electrode foil has a thickness of 5 µm or more and 20 µm or less (“Both faces of the positive electrode current collector 1b made of 20 µm thick aluminum foil” Ura paragraph 0026), and the negative electrode foil has a thickness of 5 µm or more and µm or less. (“Both faces of the negative electrode current collector 2b made of 14 µm thick copper foil” Ura paragraph 0027)
Claim(s) 2 and 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ura (US 20040237290 A1) in view of Arai (US 20050142436 A1), and further in view of Suehiro (US 20180131009 A1)
Regarding claim 2, modified Ura teaches all of the elements of claim 1, as shown above. Ura and Arai silent on the following elements of claim 2:
The secondary battery according to claim 1, wherein when a width of the positive electrode active material non- covered portion located at one end in the transverse direction of the positive electrode is Hc1, a width of the positive electrode cut-out portion is Hc2, a width of the negative electrode active material non-covered portion located at one end in the transverse direction of the negative electrode is Ha1, and a width of the negative electrode cut-out portion is Ha2, 15 < Hc2/Hc1 × 100 < 95, and 15 < Ha2/Ha1 × 100 < 95 are satisfied.
However, Suehiro teaches all of the elements of claim 2 that are not found in Ura or Arai. Specifically, Suehiro teaches cut-out portions on an uncoated portion of a similar electrode structure that are within the desired size range:
The secondary battery according to claim 1, wherein when a width of the positive electrode active material non- covered portion located at one end in the transverse direction of the positive electrode is Hc1, a width of the positive electrode cut-out portion is Hc2, a width of the negative electrode active material non-covered portion located at one end in the transverse direction of the negative electrode is Hal, and a width of the negative electrode cut-out portion is Ha2, 15 < Hc2/Hc1 × 100 < 95, and 15 Ha2/Ha1 × 100 < 95 are satisfied. (“A notch or cutout is formed in at least a winding termination portion disposed on the outermost periphery of the electrode group, in at least one of an end of the first electrode that is disposed on the first end surface and an end of the first electrode that is disposed on the second end surface.” Suehiro [0020] and “A maximum length (height) W3 of first notch 70a in the winding axis direction is not particularly limited, but is preferably 10% to 100% of width W11 of first uncoated portion 40a.” Suehiro [0051])
The examiner takes note of the fact that the prior art ranges of the cutout being 10-100% of the width of the electrode active material uncoated portion encompasses the claimed range of 15-95% for the same parameter. Absent any additional and more specific information in the prior art, a prima facie case of obviousness exists. In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379 (Fed. Cir. 2003). MPEP 2144.05.
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Suehiro is considered to be analogous to Ura and Arai as it is within the same field of secondary batteries with strip shaped electrodes and wound electrode bodies. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the cutout portions of Arai the have the width of those of Suehiro, within the electrode uncoated portions, in order to reduce the likelihood of an internal short circuit (“Forming such a notch in one electrode disposed on the outermost periphery of the electrode group produces the following advantage. … a positional displacement occurs due to the curvature difference between the inner periphery and the outer periphery in a winding termination portion of the electrode and/or separator; a winding displacement occurs in a winding axis direction; and a folding of the separator occurs, the probability of existing of the separator between the electrodes near the end surface of the electrode group is high, thereby suppressing an internal short circuit.” Suehiro [0020-0023].
The cutout of Arai using the sizing parameters of Suehiro would also meet all of the limitations of claim 3 without requiring any further modification or motivation.
Regarding claim 3, modified Ura teaches all of the elements of claim 1, as shown above. Ura and Arai are silent on the following elements of claim 3:
The secondary battery according to claim 1, wherein when a width of the positive electrode active material non- covered portion located at one end in the transverse direction of the positive electrode is Hc1, a width of the positive electrode cut-out portion is Hc2, a width of the negative electrode active material non-covered portion located at one end in the transverse direction of the negative electrode is Ha1, and a width of the negative electrode cut-out portion is Ha2, 20 < Hc2/Hc1 × 100 < 90, and 20 Ha2/Ha1 × 100 < 90 are satisfied.
However, Suehiro teaches all of the elements of claim 3 that are not found in Ura. Specifically, Suehiro teaches the following elements:
The secondary battery according to claim 1, wherein when a width of the positive electrode active material non- covered portion located at one end in the transverse direction of the positive electrode is Hc1, a width of the positive electrode cut-out portion is Hc2, a width of the negative electrode active material non-covered portion located at one end in the transverse direction of the negative electrode is Hal, and a width of the negative electrode cut-out portion is Ha2, 20 < Hc2/Hc1 × 100 < 90, and 20 Ha2/Ha1 × 100 < 90 are satisfied. (“A notch or cutout is formed in at least a winding termination portion disposed on the outermost periphery of the electrode group, in at least one of an end of the first electrode that is disposed on the first end surface and an end of the first electrode that is disposed on the second end surface.” Suehiro [0020] and “A maximum length (height) W3 of first notch 70a in the winding axis direction is not particularly limited, but is preferably 10% to 100% of width W11 of first uncoated portion 40a.” Suehiro [0051])
The examiner takes note of the fact that the prior art ranges of the cutout being 10-100% of the width of the electrode active material uncoated portion encompasses the claimed range of 20-90% for the same parameter. Absent any additional and more specific information in the prior art, a prima facie case of obviousness exists. In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379 (Fed. Cir. 2003). MPEP 2144.05.
Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ura (US 20040237290 A1) in view of Arai (US 20050142436 A1), further in view of Tokuda (US 20200395596 A1)
Regarding claim 6, modified Ura teaches all of the elements of claim 1, as shown above. Ura doesn’t explicitly state the following:
An electronic device comprising the secondary battery according to claim 1.
However, Tokuda teaches all of the elements of claim 6 that are not found in Ura or Arai:
An electronic device comprising the secondary battery according to claim 1. (“The secondary battery according to the present disclosure is preferably used as a driving source for electronic devices, such as laptop computers and mobile phones, a power storage device requiring high output, and a power source for electric vehicles, hybrid cars, and power tools.” Tokuda [0116])
Tokuda and Ura are considered to be analogous because they are both within the same field of using strip-shaped electrodes to form a wound electrode body for a secondary battery. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to use the battery of Ura in both an electronic device or a power tool, as Tokuda states that these are clear industrial uses of such a battery. One skilled in the art would know that a secondary battery could be used for these purposes without even needing this additional reference, however, it states it explicitly in Tokuda and is being included for that purpose. No further modification or motivation is needed to meet the additional limitations of claim 7.
Regarding claim 7, modified Ura teaches all of the elements of claim 1, as shown above. Ura doesn’t explicitly state the following:
A power tool comprising the secondary battery according to claim 1.
However, Tokuda teaches all of the elements of claim 7 that are not found in Ura or Arai:
A power tool comprising the secondary battery according to claim 1. (“The secondary battery according to the present disclosure is preferably used as a driving source for electronic devices, such as laptop computers and mobile phones, a power storage device requiring high output, and a power source for electric vehicles, hybrid cars, and power tools.” Tokuda [0116])
Claim(s) 1-6, 8-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheon (US 20050287432 A1) in view of Ura (US 20040237290 A1)
Regarding claim 1, Cheon teaches the following elements:
A secondary battery comprising: an electrode winding body having a structure in which a strip-shaped positive electrode and a strip-shaped negative electrode are stacked with a separator interposed therebetween and wound, (“The electrode assembly 20 is formed by interposing an insulating separator 21 between a positive electrode 22 and a negative electrode 23 and winding them.” Cheon [0029])
a positive electrode collector plate, and a negative electrode collector plate are housed in a battery can, (“The case 11 is formed of conductive metal, such as aluminum, an aluminum alloy, or nickel-plated steel. In this embodiment, the case 11 is formed in a cylindrical shape having a space for housing the electrode assembly 20, but the present invention is not limited thereto.” Cheon [0028]. In this case, cylindrical case 11 is the same as a battery can.)
the positive electrode having a positive electrode active material covered portion covered with a positive electrode active material and a positive electrode active material non-covered portion on a strip-shaped positive electrode foil, (“With reference to FIG. 2, the electrode assembly 20 is formed by interposing an insulating separator 21 between a positive electrode 22 and a negative electrode 23 and spiral-winding them. The positive electrode 22 and the negative electrode 23 are formed by coating the corresponding active materials on each current collector 221, 231.” Cheon [0034] and “In one embodiment, both the positive and negative electrodes have uncoated regions that are positioned on opposite edges from each other in separate layers.” Cheon [0015]. As can be seen by comparing Cheon figure 1 to instant figure 1, the electrode foil is strip shaped in the same way. Additionally, see Cheon figure 2 which shows the strip shaped current collectors with the positive and negative electrode active material coated and uncoated portions on them.)
the negative electrode having a negative electrode active material covered portion covered with a negative electrode active material and a negative electrode active material non- covered portion on a strip-shaped negative electrode foil, (“With reference to FIG. 2, the electrode assembly 20 is formed by interposing an insulating separator 21 between a positive electrode 22 and a negative electrode 23 and spiral-winding them. The positive electrode 22 and the negative electrode 23 are formed by coating the corresponding active materials on each current collector 221, 231.” Cheon [0034] and “In one embodiment, both the positive and negative electrodes have uncoated regions that are positioned on opposite edges from each other in separate layers.” Cheon [0015] As can be seen by comparing Cheon figure 1 to instant figure 1, the electrode foil is strip shaped in the same way. Additionally, see Cheon figure 2 which shows the strip shaped current collectors with the positive and negative electrode active material coated and uncoated portions on them.)
the positive electrode active material non-covered portion being joined to a positive electrode current collector plate at one end portion of the electrode winding body, (See Cheon figure 2 for where the uncoated portion is joined to the current collector. Additionally, see figure 1 for where the uncoated portions are joined to current collecting plate 50.)
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the negative electrode active material non-covered portion being joined to the negative electrode current collector plate at the other end portion of the electrode winding body, (See Cheon figure 2 for where the uncoated portion is joined to the current collector. Additionally, see figure 1 for where the uncoated portions are joined to current collecting plate 50.)
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the electrode winding body having a flat surface formed by bending any one or both of the positive electrode active material non-covered portion and the negative electrode active material non-covered portion toward a central axis of the wound structure and overlapping the positive electrode active material non-covered portion and the negative electrode active material non-covered portion, (See Cheon figure 1 above for how uncoated portions 22b and 23b are both bent towards the central axis of the wound structure to form flat surfaces, which overlap each other. See below for comparison to instant invention.)
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the positive electrode having a positive electrode cut-out portion at one end in a transverse direction of the positive electrode on a winding start side of the electrode winding body, (See below for comparison of instant figure 9A to Cheon figures 3 and 4, which depict the positive and negative electrode cut-out portions being analogous to those described in instant claim 1)
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the negative electrode having a negative electrode cut-out portion at one end in the transverse direction of the negative electrode on the winding start side of the electrode winding body, (See below for comparison of instant figure 9A to Cheon figures 3 and 4, which depict the positive and negative electrode cut-out portions being analogous to those described in instant claim 1)
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and an end of the positive electrode cut-out portion being present at the positive electrode active material non-covered portion, and an end of the negative electrode cut-out portion being present at the negative electrode active material non-covered portion. (As can be seen in Cheon figures 3 and 4, the ends of the cutout portions are present on the uncoated regions 22b and 23b, i.e. meeting the limitation for both the positive and negative electrodes.)
Cheon is silent on the following elements of claim 1:
and a groove formed in the flat surface,
However, Ura teaches all of the elements of claim 1 that are not found in Cheon. Specifically, Ura teaches a groove formed on the flat surface formed via the bent ends of the strip shaped positive and negative electrodes:
and a groove formed in the flat surface, (“FIG. 4 illustrates a modified example of a current collecting plate 8 or 9, in which a plurality of ribs 16 are formed projecting towards the projected portions of the current collectors 1b, 2b of the electrode plate group 10 in radial fashion.” Ura paragraph 0034, fig 4, ribs are equivalent to groove as shown in the instant application.)
Ura is considered to be analogous to Cheon because they are both within the same field of secondary batteries having strip-shaped positive and negative electrodes bent to form a flat surface. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the flat surface of Cheon to include the grooves of Ura in order to maintain a flat surface after a welding process which the current collecting plates and electrode plates are joined together (“Laser welding is effected along these ribs 16 under a condition in which the current collecting plates 8, 9 are pressed toward the electrode plate group 10 such that these ribs 16 bite into the projected portions of the current collectors 1b, 2b so as to form the flat planes 11, 12.” Ura [0034]).
Regarding claim 2, modified Cheon meets all of the limitations of claim 1, as shown above. Cheon meets all of the additional limitations of claim 2:
The secondary battery according to claim 1, wherein when a width of the positive electrode active material non-covered portion located at one end in the transverse direction of the positive electrode is Hc1, a width of the positive electrode cut-out portion is Hc2, a width of the negative electrode active material non-covered portion located at one end in the transverse direction of the negative electrode is Hal, and a width of the negative electrode cut-out portion is Ha2, 15 ≤ (Hc2/Hc1) x 100 ≤ 95, and 15 ≤ (Ha2/Ha1) x 100 ≤ 95 are satisfied. (Cheon fig. 5 depicts the same cutout portion as shown in fig. 5A of the instant application, and it can be seen that the ratio of widths between the cutout portion and the uncoated portion would be between 15 and 95 for both the positive and negative electrodes. See below for comparison. Cheon additionally describes that by changing the widths from one end of the uncoated region to another, there are benefits “Referring to FIGS. 3-5, this problem is addressed. The uncoated region 22b formed along the edge of the positive electrode 22 has a width G1 at a central area of the electrode assembly 20, and a longer width G2 at a peripheral area of the electrode assembly 20.” Cheon [0039])
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Regarding claim 3, modified Cheon meets all of the limitations of claim 1, as shown above. Cheon meets all of the additional limitations of claim 2:
The secondary battery according to claim 1, wherein when a width of the positive electrode active material non-covered portion located at one end in the transverse direction of the positive electrode is Hc1, a width of the positive electrode cut-out portion is Hc2, a width of the negative electrode active material non-covered portion located at one end in the transverse direction of the negative electrode is Hal, and a width of the negative electrode cut-out portion is Ha2, 20 ≤ (Hc2/Hc1) x 100 ≤ 90, and 20 ≤ (Ha2/Ha1) x 100 ≤ 90 are satisfied. (Cheon fig. 5 depicts the same cutout portion as shown in fig. 5A of the instant application, and it can be seen that the ratio of widths between the cutout portion and the uncoated portion would be between 15 and 95 for both the positive and negative electrodes. See below for comparison. Cheon additionally describes that by changing the widths from one end of the uncoated region to another, there are benefits “Referring to FIGS. 3-5, this problem is addressed. The uncoated region 22b formed along the edge of the positive electrode 22 has a width G1 at a central area of the electrode assembly 20, and a longer width G2 at a peripheral area of the electrode assembly 20.” Cheon [0039])
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Regarding claim 4, modified Cheon meets all of the limitations of claim 1, as shown above. Cheon meets all of the additional limitations of claim 2:
The secondary battery according to claim 1, wherein each of a length of the positive electrode cut-out portion along a longitudinal direction of the positive electrode and a length of the negative electrode cut-out portion along the longitudinal direction of the negative electrode corresponds to once or more and five times or less an inner peripheral portion of the electrode winding body. (Cheon figure 5 clearly depicts the length of the positive and negative electrode cutout portions being between one or more and five times or less an inner peripheral portion of the electrode winding body. See length “E” in instant fig 5A above as an example and compare to Cheon.)
Regarding claim 5, modified Cheon meets all of the limitations of claim 1, as shown above. Cheon is silent on the following elements of claim 5:
The secondary battery according to claim 1, wherein the positive electrode foil has a thickness of 5 m or more and 20 m or less, and the negative electrode foil has a thickness of 5 m or more and 20 m or less.
However, Ura teaches all of the elements of claim 5 that are not found in Cheon:
The secondary battery according to claim 1, wherein the positive electrode foil has a thickness of 5 µm or more and 20 µm or less (“Both faces of the positive electrode current collector 1b made of 20 µm thick aluminum foil” Ura paragraph 0026), and the negative electrode foil has a thickness of 5 µm or more and µm or less. (“Both faces of the negative electrode current collector 2b made of 14 µm thick copper foil” Ura paragraph 0027)
It would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the current collecting plates of Cheon to be the thickness taught by Ura as Ura demonstrates that a collecting foil of this thickness is known in the art and thus would be within the ambit of one of ordinary skill. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Regarding claim 6, modified Cheon meets all of the limitations of claim 1, as shown above. Cheon meets all of the additional limitations of claim 6:
An electronic device comprising the secondary battery according to claim 1. (“Such secondary batteries are useful as, for example, the power source for a driving motor that is used for electronic devices that require high power, such as electric vehicles, hybrid electric vehicles, wireless vacuum cleaners, motorbikes, and motor scooters.” Cheon [0050])
Regarding claim 8, modified Cheon meets all of the limitations of claim 1, as shown above. Cheon meets all of the additional limitations of claim 8:
The secondary battery according to claim 1, wherein in the positive electrode cut-out portion, the positive electrode active material non- covered portion includes a first part and a second part in order of positions closer to an edge, in a longitudinal direction, of the positive electrode that is on the winding start side of the electrode winding body, the first part having a first width, the second part having a second width that is smaller than the first width. (Cheon figure 3 depicts a cutout portion analogous to that shown in the instant application, containing 3 parts having differing widths. This meets not only the limitations of claim 8 but of claim 9 as well.)
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Regarding claim 9, modified Cheon meets all of the limitations of claim 8, as shown above. Cheon meets all of the additional limitations of claim 9:
The secondary battery according to claim 8, wherein in the positive electrode cut-out portion, the positive electrode active material non- covered portion further includes a third part on an opposite side of the second part to the edge, in the longitudinal direction, of the positive electrode that is on the winding start side of the electrode winding body, the third part having a third width that is greater than the second width. (Cheon figure 3 depicts a cutout portion analogous to that shown in the instant application, containing 3 parts having differing widths. This meets not only the limitations of claim 8 but of claim 9 as well.)
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Regarding claim 10, modified Cheon meets all of the limitations of claim 1, as shown above. Cheon meets all of the additional limitations of claim 10:
The secondary battery according to claim 1, wherein in the negative electrode cut-out portion, the negative electrode active material non- covered portion includes a fourth part and a fifth part in order of positions closer to an edge, in a longitudinal direction, of the negative electrode that is on the winding start side of the electrode winding body, the fourth part having a fourth width, the fifth part having a fifth width that is smaller than the fourth width. (Cheon figure 4 depicts a cutout portion analogous to that shown in the instant application, containing 3 parts having differing widths. This meets not only the limitations of claim 10 but of claim 11 as well.)
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Regarding claim 11, modified Cheon meets all of the limitations of claim 10, as shown above. Cheon meets all of the additional limitations of claim 11:
The secondary battery according to claim 10, wherein in the negative electrode cut-out portion, the negative electrode active material non- covered portion further includes a sixth part on an opposite side of the fifth part to the edge, in the longitudinal direction, of the negative electrode that is on the winding start side of the electrode winding body, the sixth part having a sixth width that is greater than the fifth width. (Cheon figure 4 depicts a cutout portion analogous to that shown in the instant application, containing 3 parts having differing widths. This meets not only the limitations of claim 10 but of claim 11 as well.)
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Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheon (US 20050287432 A1) in view of Ura (US 20040237290 A1) and further in view of Tokuda (US 20200395596 A1)
Regarding claim 7, modified Cheon meets all of the limitations of claim 1, as shown above. Cheon is silent on the following elements of claim 7:
A power tool comprising the secondary battery according to claim 1.
However, Tokuda teaches all of the elements of claim 7 that are not found in Ura or Cheon:
A power tool comprising the secondary battery according to claim 1. (“The secondary battery according to the present disclosure is preferably used as a driving source for electronic devices, such as laptop computers and mobile phones, a power storage device requiring high output, and a power source for electric vehicles, hybrid cars, and power tools.” Tokuda [0116])
Tokuda and Cheon are considered to be analogous because they are both within the same field of using strip-shaped electrodes to form a wound electrode body for a secondary battery. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to use the battery of Cheon in a power tool, as Tokuda states that these are clear industrial uses of such a battery. One skilled in the art would know that a secondary battery could be used for these purposes without even needing this additional reference, however, it states it explicitly in Tokuda and is being included for that purpose.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-7 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1,10,17, and 18 of copending Application No. 18/806176 in view of Takahashi (US 202220344724 A1). Although the claims at issue are not identical, they are not patentably distinct from each other.
Regarding claim 1, copending claims recite a secondary battery (copending claim 1, line 1) comprising an electrode winding body (copending claim 1, line 2) , having a structure in which a strip-shaped positive electrode and a strip-shaped negative electrode are stacked with a separator interposed therebetween and wound (copending claim 1, line 3), a positive electrode collector plate, and a negative electrode collector plate are housed in a battery can (copending claim 1, lines 9-12, battery can show in figure 4 of copending application), the positive electrode having a positive electrode active material covered portion covered with a positive electrode active material and a positive electrode active material non-covered portion on a strip-shaped positive electrode foil (copending claim 1, lines 4-8, 14-17), the negative electrode having a negative electrode active material covered portion covered with a negative electrode active material and a negative electrode active material non-covered portion on a strip-shaped negative electrode foil (copending claim 1, lines 4-8, 14-17), the positive electrode active material non-covered portion being joined to a positive electrode current collector plate at one end portion of the electrode winding body (copending claim 1, lines 9-10, figure 1), the negative electrode active material non-covered portion being joined to the negative electrode current collector plate at the other end portion of the electrode winding body (copending claim 1, lines 11-12, figure 1), the electrode winding body having a flat surface formed by bending any one or both of the positive electrode active material non-covered portion and the negative electrode active material non-covered portion toward a central axis of the wound structure and overlapping the positive electrode active material non-covered portion and the negative electrode active material non-covered portion (copending claim 1, lines 18-21) , and a groove formed in the flat surface (copending claim 13, lines 1-3),
The copending claims to not recite the following:
• the positive electrode having a positive electrode cut- out portion at one end in a transverse direction of the positive electrode on a winding start side of the electrode winding body,
• the negative electrode having a negative electrode cut- out portion at one end in the transverse direction of the negative electrode on the winding start side of the electrode winding body,
• and an end of the positive electrode cut-out portion being present at the positive electrode active material non- covered portion,
• and an end of the negative electrode cut- out portion being present at the negative electrode active material non-covered portion.
However, as shown above in the 35 USC 103 section, Takahashi teaches each element of claim 1 that is not recited in the copending application. It would be obvious to one of ordinary skill in the art before the effective filing date of the invention to modify the secondary battery recited in the copending application and incorporate the cut-out portions at one end in the transverse direction of the positive or negative electrode on the winding start side of the electrode winding body, where an end of the positive or negative cut-out portion is present at the positive or negative active material-non-covered portion, as taught by Takahashi, in order to leave a space open on either end of the wound electrode body when the active material non-covered portions are bent towards the central axis of the overall structure, as there needs to be a space in the center in which a welding tool can be used to assemble the battery. This would be desirable for an electrode structure as if it cannot be connected to an overall battery it would have significantly less use than it would otherwise.
Regarding claims 2-3, see 112b rejection—it is unclear what prior art is necessary to reject the claims, and therefore they are not being given patentable weight for double patenting. Therefore, the obvious modifications to the copending application made in order to meet claim 1 would apply to claims 2 and 3 as well.
Regarding claim 4, reading in light of the specification, if the exact same figures are used to depict the limitations of this claim in both copending applications (see figures 1-4 of copending application), it is inherent that, while the widths are not provided in copending application, that the exact product can be made and therefore the limitations of claim 4 would be met.
Regarding claim 5, the copending claims recite the secondary battery according to claim 1, wherein the positive electrode foil has a thickness of 5um or more and 20 um or less (copending claim 10, lines 1-4), and the negative electrode has a thickness of 5um or more and 20um or less (copending claim 10, lines 5-7).
Regarding claim 6, the copending claims recite an electronic device comprising the secondary battery according to claim 1 (copending claim 17, lines 1-2).
Regarding claim 7, the copending claims recite a power tool comprising the secondary battery according to claim 1 (copending claim 18, lines 1-2).
This is a provisional nonstatutory double patenting rejection.
Conclusion
The following references were considered to be relevant but were not used in the above rejection:
Park (US 20210344033 A1) –Teaches a secondary battery having a non-coated portion with numerous cutout parts having different areas.
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.
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/BENJAMIN ELI KASS-MULLET/Examiner, Art Unit 1752
/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752