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 .
DETAILED ACTION
This Office action regarding Application 17/911,203 to Yamada et al., filed 09/13/2022, assigned to Sanyo, Japan, and published as U.S. PG Publication 2023/0104632 A1 on 04/06/2023, is in response to applicant's arguments/remarks and claims amendments filed 03/10/2026. Applicant's response has been fully considered.
Status of the Claims
In the response filed 03/10/2026 applicant has amended claim 1 by adding a limitation of the connection of the negative electrode plate with second current collector is at about the center portion of the second current collector. New claim 6 has also been added.
The status of the claims stand as follows:
Currently amended 1
Original 2
Previously presented 3-5
New 6
Claims 1-6 are currently pending in this application.
Claim Rejections -35 USC § 103
The text of those sections of Title 35 U.S. Code not included in this section can be found in the prior Office action.
Claim 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (U.S. PG Publication 2011/0151318) in view of Kojima Tohru (WO2017057012; English language machine translation used here; hereafter called WO '012).
Regarding Claim 1 Lee discloses a secondary battery (Lee paragraph 0008), the battery may be a lithium-ion battery (Lee paragraph 0051), and therefore, is non-aqueous. Lee discloses the secondary battery includes an electrode assembly (Lee paragraph 0010); the electrode assembly including first electrode plate 11 and second electrode plate 12 (Lee paragraph 0010, 0052), and the first electrode plate 11 may be a positive electrode, and the second electrode plate 12 may be a negative electrode (Lee paragraph 0062).
Lee discloses the secondary battery include a case having an open end and being configured to accommodate the electrode assembly (Lee paragraph 0019), and case 40 has a rectangular shape (Lee Fig. 1, paragraph 0051), equivalent to the rectangular housing having an opening and accommodating the electrode assembly.
The battery has a cap plate 30 being coupled to the opening of the case 40 (Lee Fig. 1, paragraph 0019, 0051), equivalent the sealing plate sealing the opening. Lee discloses the battery has a first electrical terminal 21 protruding out of the case 40 through the cap plate 30, and second electrical terminal 22 protruding through the cap plate 30 (Lee Fig. 1, 2, paragraph 0021, 0051), equivalent to electrical terminal provided to the sealing plate.
Lee discloses the battery include a first current collector 50 may include the first current collecting plate 51 and a first lead element 52 (Lee Fig. 2, 3, paragraph 0081). Lee also discloses the battery include a second current collector 60 may include the second current collecting plate 61 and a second lead element 62 (Lee Fig. 2, 3, paragraph 0081).
The first lead element 52 is considered equivalent to the claimed first current collector. The first lead element 52 (equivalent to the claimed first current collector) is disposed between the electrode body and the cap plate 30 (equivalent to the sealing plate) and connected to the electrode terminal 21 (Lee Fig. 2).
Lee discloses the first current collector plate 51 (equivalent to the claimed second current collector) is disposed between the electrode assembly 10 (equivalent to the claimed electrode body) and a side wall of the rectangular case 40 (i.e. equivalent to the rectangular exterior body) and connected to first lead element 52 (equivalent to the claimed first current collector) (Lee Fig. 2).
Lee discloses folding part 11c, 311c of the electrode assembly extending towards the side wall of the case 30 and connected to the first current collector plate 51 (equivalent to the claimed second current collector) (Lee Fig. 4, 9) considered equivalent to the tab group extending from the electrode body towards the side wall and connected to the second current collector.
Lee discloses the first current collector plate 51 (considered equivalent to the claimed second current collector) is made of a flat plate having a surface parallel to the side wall of the case 40 (Lee Fig. 2, 3).
Lee is silent about the connection of the electrode tabs with the second current collector is located only at a single position at about a center portion of the second current collector in a length direction. Lee discloses that the connection is not in a single position but over multiple parts. However, making the connection in a single position towards the center of the current collector would have been obvious to a person of ordinary skill in the art since such a modification is a mere change or shift in position. According to the MPEP Shifting the position of parts (or Rearrangement of Parts) within a device will not render the device patentable if the position change does not alter the device’s operation (see In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); MPEP § 2144.04 VI. C.). In this case the change in position of the connection will not affect the function of the battery cell, which will still have electrical connection between the electrode lead and the external terminal.
Lee discloses the tab group 311c, 312c including a positive electrode tab group having a bundle of multiple positive electrode tabs extending from the positive electrode plate and a negative electrode tab group having a bundle of multiple negative electrode tabs extending from the negative electrode plate and being bent near a connection with the first current collector plate 351 (equivalent to the second current collector) to be parallel to the side wall (Lee Fig. 8, 9).
Lee discloses the positive electrode plate including a metallic current collector (equivalent to the positive electrode core) and a positive electrode active material applied to the positive electrode core (Lee paragraph 0007), the positive electrode tabs extending from the positive electrode plate.
Lee is silent about a surface of the positive electrode metallic current collector (equivalent to the positive electrode core) on and near its end from which the positive electrode tabs extend being covered with a protective layer containing an insulant, and the protective layer being exposed.
WO '012 discloses a prismatic secondary battery comprising a square exterior member (WO '012 Fig. 1, page 3 paragraph 2), wherein having an electrode group in which positive electrodes and negative electrodes are alternately arranged and stacked with separators interposed therebetween and wound and house in the battery can 2 (WO '012 page 7, paragraph 2, 3). The battery has a battery lid 3 that seals the opening of exterior (WO '012 page 7, paragraph 2).
WO '012 discloses a protective layer 36 is provided on the base end portion of the positive electrode tab portion 35 (WO '012 page paragraph 2, Fig. 5A, 6A), wherein the protective layer is an insulator (WO '012 page 12 paragraph 2) applied to both ends in the width direction on a region to which the electrode active material applied (WO '012 Fig. 5B, 6B), and the protective layer 36 is provided at a root of the positive electrode tab 35 (WO '012 Fig. 6A, page 14, paragraph 3). WO '012 discloses the protective layer 36 will prevent short circuit between the positive electrode and the negative electrode (WO '012 page 3 paragraph 1, page 14 paragraph 3, page 16 paragraph 1).
Therefore, it would have been obvious to a person of ordinary skill in art before the effective filing date to have modified the electrode assembly of Lee by the teaching of WO '012 and provided a protective layer for the positive electrode as disclosed by WO '012 so as prevent short circuit with the negative electrode. Such a modification is considered the use of know technique to a known device (method, or product) ready for improvement to yield predictable results (MPEP 2143 IC).
Lee discloses the positive electrode plate 11 and the negative electrode plate 12 in the electrode body 10 being stacked with a separator 13 interposed therebetween (Lee Fig. 2, paragraph 0059). In the electrode body of Lee as modified by the protective layer of WO '012 on a side of the positive electrode (WO '012 Fig. 5A, 6A) one end of the negative electrode plate would be facing the protective layer on the positive electrode plate.
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Lee Fig. 2
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Lee Fig. 9
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WO ‘012 Fig. 5A
Regarding claim 2 the disclosure of Lee includes the positive electrode tab group is located on one end surface of the electrode body, and the negative electrode tab group is located on the other end surface of the electrode body (Lee Fig 2, 3).
Regarding claim 3 WO '012 is silent about an end of the protective layer and one end of the negative electrode plate are spaced at least 0.1 mm apart in plan view. However, it would have been obvious to a person of ordinary skill in the art to have optimized by routine experimentation such a space between the end of the protective layer and the end of the negative electrode to obtain optimum protection and effectively prevent the short circuit between the positive and the negative electrode. According to the MPEP, "Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See MPEP 2144.05 ILA.
Regarding claim 4 WO '012 discloses the positive electrode tabs 35 are partially covered by the protective layer 36 (WO '012 Fig. 5A).
Regarding claim 5 WO '012 discloses the protective layer is made of an insulant that include an inorganic filler such as alumina (WO page 12 paragraph 2) that is an inorganic oxide.
Regarding claim 6 Lee disclose the first current collector is inclined having a part connected to the external terminal and a part connected to the second current collector (Lee Fig. 2), but is silent about the second current collector has an inclined portion. In Lee it is the first current collector that has the inclined portion. Therefore, it would have been obvious to a person of ordinary skill in the art to have made the second current collector have an inclined portion instead of the first current collector. Such a modification is considered a “rearrangement of parts, wherein the first current collector having an inclined portion is put in place of the second current collector and vise-versa, meaning rearrangement of the position of the inclined portion from the first current collector to the second current collector. According to the MPEP rearrangement of parts within a device will not render the device patentable if the position change does not alter the device’s operation (see In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); MPEP § 2144.04 VI. C.).
Response to Argument
In the response filed on 03/10/2026 applicant has amended claim 1 to recite that the connection of the electrode tabs and the second current collector is located only at a single position at about the center of the second current collector.
Applicant argues that Lee does not meet the above limitation and the connection in Lee is different from the claimed connection of the electrode tabs and the second current collector.
Examiner notes that the connection between the electrode tabs and the second current collector of Lee is different from the connection of electrode tabs and the second current collector. The difference has also been noted in the Office action, but the rejection is based on an obviousness rationale wherein making the connection in only one spot rather than at several positions is a mere shift in position, and according to the MPEP such a change in position would have been obvious to a person of ordinary skill in the art.
The same obviousness rationale is also relied upon for the limitation of new claim 6 , which recites the second current collector has an inclined portion, a feature also disclosed by Lee but for the first current collector only. Therefore, it would have been obvious to a person of ordinary skill to have rearranged the positions of the first current collector and the second current collector, since rearrangement of part within a device will not render the device patentable if the position change does not alter the device’s operation (See MPEP § 2144.04 VI. C.).
Therefore, the combined teaching of the applied references of Lee et al (U.S. PG Publication 2011/0151318) and Kojima Tohru (WO2017057012) renders the claimed invention obvious. The Office action in made final.
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 OMAR M KEKIA whose telephone number is (571)270-5918. The examiner can normally be reached 9:00am-5:00 pm,.
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/OMAR M KEKIA/Examiner, Art Unit 1722
/ANCA EOFF/Primary Examiner, Art Unit 1722
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