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 .
Examiner’s Comments
Applicants’ response filed on 12/16/2025 has been fully considered. Claims 12-14 are new and claims 1-14 are pending.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-3, 6 and 8-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toshiro et al (US 2017/0324070 A1).
Regarding claim 1, Toshiro discloses a battery (square secondary battery; Fig. 2 #100; paragraph [0020]), comprising:
one or plural electrode bodies provided with a positive electrode and a negative electrode (electrode group formed by winding positive and negative electrodes; Fig. 2 #40; paragraph [0021]); and
a battery case configured to accommodate the electrode body (battery can storing the electrode group; Fig. 2 #11; paragraphs [0021] and [0023]),
wherein the battery case (battery can storing the electrode group; Fig. 2 #11; paragraphs [0021] and [0023]) comprises:
an outer package (battery can having flat shape of a bottomed rectangular cylinder; Fig. 2 #11; paragraphs [0021] and [0023]) that includes a bottom wall (Fig. 2 #11d; paragraph [0023]), a pair of first side walls configured to extend from the bottom wall and to be opposed mutually (narrow side walls; Fig. 2 #11c; paragraph [0023]), a pair of second side walls configured to extend from the bottom wall and to be opposed mutually (wide side walls; Fig. 2 #11b; paragraph [0023]), and an opening part configured to be opposed to the bottom wall (opening; Fig. 2 #11a; paragraph [0023]); and
a sealing plate configured to seal the opening part (battery lid sealing an opening of the battery can; Fig. 2 #12; paragraph [0021]),
a positive electrode terminal and a negative electrode terminal are attached to the sealing plate (positive external terminal and negative external terminal attached to the battery lid; Fig. 2 #20A and #20B; paragraph [0025]),
the electrode body (electrode group formed by winding positive and negative electrodes; Fig. 2 #40; paragraph [0021]) comprises:
a positive electrode tab group that is configured to protrude from an end part opposed to one second side wall among the pair of second side walls (positive electrode tab part protruding outwardly in the width direction; Fig. 2 #41c; paragraph [0047]); and
a negative electrode tab group that is configured to protrude from an end part opposed to another second side wall among the pair of second side walls (negative electrode tab part protruding outwardly in the width direction; Fig. 2 #42c; paragraph [0047])
the positive electrode tab group and the positive electrode terminal are electrically connected via a positive electrode electrical collector part (positive electrode tab part #41c and connection terminal of positive electrode external terminal #20A connected via positive electrode collector plate #30A; Fig. 2; paragraph [0030]),
the positive electrode tab group is joined to the positive electrode electrical collector part in a state of being bent to arrange a part of the positive electrode tab group along the one second side wall (positive electrode tab part #41c is attached to positive electrode collector plate #30A which is bent to arrange positive electrode tab part #41c along wide side wall #11b; paragraph [0030]),
the negative electrode tab group and the negative electrode terminal are electrically connected via a negative electrode electrical collector part (negative electrode tab part #42c and connection terminal of negative electrode external terminal #20B connected via negative electrode collector plate #30B; Fig. 2; paragraph [0030]),
the negative electrode tab group is joined to the negative electrode electrical collector part in a state of being bent to arrange a part of the negative electrode tab group along the another second side wall (negative electrode tab part #42c is attached to negative electrode collector plate #30B which is bent to arrange negative electrode tab part #42c along wide side wall #11b; paragraph [0030]),
an insulating member is provided on the sealing plate (insulating member #3 fixed to lower surface of battery lid #12; Fig. 2; paragraph [0028]),
an insulation sheet is directly joined to the insulating member and is arranged to cover the electrode body (storage member #4 of a bag-like insulating sheet stored in battery can #11 to store electrode group #40 and directly bonded to insulating member #3; Fig. 2; paragraph [0022]),
the insulation sheet (storage member; Fig. 2 #4; paragraph [0022]) comprises:
at least a sheet bottom wall (bottom wall of storage member #4; Fig. 2 paragraph [0022]); and
a pair of sheet first side walls that are configured to extend from the sheet bottom wall and are opposed mutually (narrow side walls of storage member #4; Fig. 2; paragraph [0022]), and
the pair of sheet first side walls are opposed to the pair of first side walls (narrow side walls of storage member #4 opposed to narrow side walls of battery can #11; Fig. 2; paragraph [0022]).
Regarding claim 2, Toshiro discloses the battery of claim 1 as noted above and Toshiro discloses the battery comprising the insulation sheet further comprises a sheet second side wall that is arranged between the pair of second side walls and the electrode body (wide side walls of storage member #4 arranged between wide side walls of battery can #11 and electrode group #40; Fig. 2; paragraph [0022]).
Regarding claim 3, Toshiro discloses the battery of claim 2 as noted above and Toshiro discloses the battery comprising the sheet second side wall is separated into an electrical collector area where the positive electrode tab group or the negative electrode tab group exists (left side of wide side wall of storage member #4 closest to positive electrode tab part #41c; Fig. 2; paragraph [0022]), and into a non-electrical collector area where neither the positive electrode tab group nor the negative electrode tab group exists (right side of wide side wall of storage member #4 away from positive electrode tab part #41c; Fig. 2; paragraph [0022]).
Regarding claim 6, Toshiro discloses the battery of claim 1 as noted above and Toshiro discloses the battery comprising at least a part of the insulation sheet is joined to the electrode body (bottom of storage member #4 contacting bottom corners of electrode group #40; Fig. 3; paragraph [0022]).
Regarding claim 8, Toshiro discloses the battery of claim 1 as noted above and Toshiro discloses the battery comprising for each of the pair of sheet first side walls, a fixing member is arranged from one sheet first side wall to another sheet first side wall (terminal parts of current collector plates #32’ extending along narrow side walls of storage member #4; Fig. 8; paragraph [0078]).
Regarding claim 9, Toshiro discloses the battery of claim 2 as noted above and Toshiro discloses the battery comprising a move regulation member is arranged between the sheet second side wall and the electrode body (annular bonding portion #3c between wide side walls of storage member #4 and electrode group #40; Fig. 3; paragraph [0029]).
Regarding claim 10, Toshiro discloses the battery of claim 1 as noted above and Toshiro discloses the battery comprising the insulating member is arranged between the positive electrode electrical collector part and the negative electrode electrical collector part, and the sealing plate (insulating member #3 is between positive and negative current collector plates #30A and #30B and the battery lid #12; Fig. 2; paragraph [0029]).
Regarding claim 11, Toshiro discloses the battery of claim 1 as noted above and Toshiro discloses the battery comprising the insulating member is fixed to the sealing plate by adhesion or fitting (insulating member #3 is caulking-fixed to the battery lid #12; Fig. 2; paragraph [0031]).
Regarding claim 12, Toshiro discloses the battery of claim 2 as noted above and Toshiro discloses the battery comprising the sheet first side walls and the sheet second side walls joined to the insulating member (wide side walls and narrow side walls of storage member #4 bonded to annular bonding portion #3c of insulating member #3; Fig. 3; paragraph [0029]).
Regarding claim 13, Toshiro discloses the battery of claim 12 as noted above and Toshiro discloses the battery comprising the sheet second side walls include a first region connected to one of the pair of the sheet first side walls (left side of wide side wall of storage member #4; paragraph [0029]), and a second region connected to the other of the pair of the sheet first side walls (right side of wide side wall of storage member #4; paragraph [0029]), the first region and the second region being between one of the pair of the second side walls and the electrode body (wide side walls of storage member #4 between wide side walls of battery can #11 and electrode group #40; Fig. 3; paragraph [0029]), and each of the first region and the second region being joined to the insulating member (left side and right side of wide side wall of storage member #4 bonded to annular bonding portion #3c of insulating member #3; Fig. 3; paragraph [0029])
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.
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.
Claims 4-5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Toshiro et al (US 2017/0324070 A1).
Regarding claim 4, Toshiro discloses the battery of claim 1 as noted above and Toshiro discloses the battery comprising the insulating member comprising a width surface formed in a rectangular shape (plate member of a rectangular shape; paragraph [0029])
Toshiro does not disclose the battery comprising a length of a short side of the width surface being smaller than a thickness of the electrode body.
However, it would have been obvious to one of ordinary skill in the art to adjust a length of a short side of the width surface of the insulating member to be smaller than a thickness of the electrode body absent unexpected results because doing so would allow for the desired fit of the insulation member between the battery lid and the electrode group (see MPEP 2144.04 regarding change in size).
Regarding claim 5, Toshiro discloses the battery of claim 1 as noted above and Toshiro discloses the battery comprising a sheet bottom wall formed in a rectangular shape (bottom of storage bag having a rectangular shape; paragraph [0029])
Toshiro does not disclose the battery comprising a length of a short side of the sheet bottom wall being smaller than the thickness of the electrode body.
However, it would have been obvious to one of ordinary skill in the art to adjust the length of a short side of the bottom wall of the storage bag to be smaller than the thickness of the electrode group absent unexpected results because doing so allows for a tight fit of the storage bag around the electrode group (see MPEP 2144.04 regarding change in size).
Regarding claim 7, Toshiro discloses the battery of claim 1 as noted above and Toshiro discloses the battery comprising at least a part of a join part configured to join the insulating member and the insulation sheet exists (annular bonding portion; Fig. 3 #3c; paragraph [0029]).
the first current collector member and the second current collector member joining the first terminal lower insulation member and the second terminal lower insulation member to the insulation bag (join part configured to join the insulating member and the insulation sheet; Fig. 1B #150 and #160; paragraph [0190])
Toshiro does not disclose the battery comprising the length of the electrode body in a direction along the pair of first side walls being L and within a range of equal to or less than (1/4)L from a center part of the electrode body in the direction along the pair of side walls.
However, it would have been obvious to one of ordinary skill in the art to adjust the length of the electrode group to be within a range of equal to or less than (1/4)L from a center part of the electrode group in the direction along the pair of side walls because doing so allows for a tight fit of the storage bag around the electrode group (see MPEP 2144.04 regarding change in size).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Toshiro et al (US 2017/0324070 A1) in view of Kwak et al (US 2020/0295339 A1).
Regarding claim 14, Toshiro discloses the battery of claim 1 as noted above.
Toshiro does not disclose the battery comprising the insulating member having a plurality of protruding parts, the sealing plate having a plurality of recessed parts and each recessed part of the plurality of recessed parts is fitted together with a corresponding protruding part of the plurality of protruding parts.
However, Kwak discloses the battery comprising the insulating member having a plurality of protruding parts (first terminal seal gasket #134 and second terminal seal gasket #144 protruding from first lower insulation member #135 and second lower insulation member #145; paragraphs [0051]-[0052]), the sealing plate having a plurality of recessed parts (openings of cap plate #171; paragraphs [0051]-[0052]) and each recessed part of the plurality of recessed parts is fitted together with a corresponding protruding part of the plurality of protruding parts (openings of cap plate #171 where first terminal seal gasket #134 and second terminal seal gasket #144 are fitted; paragraphs [0051]-[0052]).
It would have been obvious to one of ordinary skill in the art to modify the battery of Toshiro to include the seal gaskets of Kwak on the insulating member of Toshiro because have the required seal gaskets provides an improved seal for the batteries at the external terminals leading to improved electrical insulation.
Response to Arguments
Applicant’s arguments, see page 6, filed 12/16/2025, with respect to the 112(b) rejections have been fully considered and are persuasive.
The 112(b) rejections have been withdrawn.
Applicant’s arguments, see pages 6-7, filed 12/16/2025, with respect to the rejection of claims 1-3, 6 and 8-11 under 102(a)(1) by Kwak has been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, new grounds of rejection are made as noted above.
Applicants argue that Kwak does not disclose an insulation sheet directly joined to the insulating member.
Applicants argue that Kwak does not disclose an insulation sheet directly joined to the insulating member and therefore the previous rejections have been withdrawn. However, new grounds of rejection have been noted above.
Applicant's arguments filed 12/16/2025 have been fully considered but they are not persuasive.
Applicants argue that evidence for criticality for claims 4 and 7 is provided in paragraphs [0010] and [0013] of Applicant’s Specification.
This argument is not persuasive as data showing evidence of criticality needs to be provided to show criticality, not conclusionary statements.
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 SATHAVARAM I REDDY whose telephone number is (571)270-7061. The examiner can normally be reached Monday-Friday 9:00 AM-6:00 PM EST.
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/SATHAVARAM I REDDY/Examiner, Art Unit 1785
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