Office Action Predictor
Application No. 17/970,253

SECONDARY BATTERY

Non-Final OA §103
Filed
Oct 20, 2022
Examiner
OHARA, BRIAN R
Art Unit
1724
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Toyota Jidosha Kabushiki Kaisha
OA Round
4 (Non-Final)
79%
Grant Probability
Favorable
4-5
OA Rounds
2y 9m
To Grant
88%
With Interview

Examiner Intelligence

79%
Career Allow Rate
418 granted / 529 resolved
Without
With
+9.1%
Interview Lift
avg trend
2y 9m
Avg Prosecution
47 pending
576
Total Applications
career history

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
57.2%
+17.2% vs TC avg
§102
23.6%
-16.4% vs TC avg
§112
14.2%
-25.8% vs TC avg
Black line = Tech Center average estimate • Based on career data

Office Action

§103
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 . Continued Examination Under 37 CFR 1.114 A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 12/11/2025 has been entered. Remarks Claim 1 has been amended. Claim 2 has been canceled. Claims 3-5 are as previously presented. Claims 1 and 3-5 are currently examined. Status of Objections and Rejections The rejection as set forth within the previous office action has been modified as necessitated by applicants amendments. 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 1 is rejected under 35 U.S.C. 103 as being unpatentable over Hiroma (JP 2012018795A as cited in the IDS sent on 2/15/2024), and further in view of Kwon (US2014/0170467). As to claim 1, Hiroma discloses a secondary battery ([0002], discussed throughout) comprising: and exterior bodies that look a quadrilateral as a whole in a plan view (figures 1-6, [0030], [0047], discussed throughout, note the exterior bodies are the laminated outside portion of the battery), the exterior bodies each being a sheet member of an exterior material (figure 1-6 #56 and 76, [0026] and discussed throughout); an electrode body that is housed within the exterior bodies, the electrode body comprises (figure 1-6, [0047], discussed throughout, the positive electrode, negative electrode and separator), a cathode current collector (figures 1-6 #42a or 62, abstract discussed throughout), a cathode active material layer (positive electrode mixture, Abstract discussed throughout), a separator layer (figures 1-6 #46, discussed throughout) an anode active material layer (negative electrode mixture, Abstract discussed throughout); and an anode current collector (figures 1-6 #44a or 64, discussed throughout); cutout parts at respective two sides among sides of the quadrilateral, the two sides being opposite to each other (figures 1-6, the location of the first and second leads #72 and #74, [0047], discussed throughout), the two cutout parts being provided at all the exterior bodies and the electrode body (figures 1-6), cross section of the two cutout parts being perpendicular to the plane direction (figures 1-6); the cathode terminal being disposed in one of the cutout parts; and the anode terminal being disposed in another one of the cutout parts (figures 1-6, the first and second leads #72 and #74, [0047], discussed throughout). Hiroma is silent to wherein the two cutout parts are provided at respective corners of the quadrilateral, the corners being opposite to each other, walls of the exterior bodies extending alongside of the quadrilateral and terminating as the two cutout parts before the respective corners of the quadrilateral. However, Kwon discloses a stacked battery ([0010]) wherein the two terminal tabs are provided at respective corners of the quadrilateral, the corners being opposite to each other (figure 25 P31 and P32, [0124], also throughout). It would have been obvious to one of ordinary skill withing the art at the time of the effective filling date of the invention to move the location of the tabs from Hiroma to the location as disclosed by Kwon as a mere change in shape or a mere combing prior art elements according to known methods to yield predictable results i.e. location of tabs (see MPEP 2143 I(A) or MPEP 2144.04 IV (B)). Also it would have been obvious to one of ordinary skill within the art to move the cutout portions to the corners as a mere change in shape baring any criticality or unexpected results (see MPEP 2144.04 IV (B)). Thus, modified Hiroma disclosing wherein the two cutout parts are provided at respective corners of the quadrilateral, the corners being opposite to each other, walls of the exterior bodies extending alongside of the quadrilateral and terminating as the two cutout parts before the respective corners of the quadrilateral. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over modified Hiroma (JP 2012018795A as cited in the IDS sent on 2/15/2024), as applied to claim 1 above, and further in view of Takada (US 2016/0099447). As to claim 3, Hiroma discloses wherein the electrode body, which is housed in the exterior bodies, is also provided with the cutout parts (figures 4-6, specifically figure 4, [0047], discussed throughout). Hiroma is silent to wherein a resin layer being placed on at least part of each of the cutout parts. Takada discloses a secondary battery wherein a tab sealant made of resin ((0016], [0065]-[0068], discussed throughout) is over a portion of the tab (figures 1-4 #40). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the tab sealant from Takada within Hiroma because the tab sealant can secure stable insulation, permit hermetic sealing about the periphery of the tab ([0016]-[0017]). Thus, yielding modified Hiroma having a resin layer at the required location. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Hiroma (JP 2012018795A as cited in the IDS sent on 2/15/2024), and further in view of Park (KR101111074B1, see attached patent and translation). As to claim 4, Hiroma discloses a secondary battery ([0002], discussed throughout) comprising: and exterior bodies that look a quadrilateral as a whole in a plan view (figures 1-6, [0030], [0047], discussed throughout, note the exterior bodies are the laminated outside portion of the battery); an electrode body that is housed within the exterior bodies, the electrode body comprises (figure 1-6, [0047], discussed throughout, the positive electrode, negative electrode and separator), a cathode current collector (figures 1-6 #42a or 62, abstract discussed throughout), a cathode active material layer (positive electrode mixture, Abstract discussed throughout), a separator layer (figures 1-6 #46, discussed throughout) an anode active material layer (negative electrode mixture, Abstract discussed throughout); and an anode current collector (figures 1-6 #44a or 64, discussed throughout); cutout parts at respective two sides among sides of the quadrilateral, the two sides being opposite to each other (figures 1-6, the location of the first and second leads #72 and #74, [0047], discussed throughout), cutout parts being provided at all the exterior bodies and the electrode body (figures 1-6); a cathode terminal being disposed in one of the cutout parts; and an anode terminal being disposed in another one of the cutout parts (figures 1-6, the first and second leads #72 and #74, [0047], discussed throughout). Hiroma is silent to a resin layer disposed in each of the cutout parts of the electrode body, the resin layer covering each of the cathode current collector layer, the cathode active material layer, the separator layer, the anode active material layer, and the anode current collector layer for preventing electrical short circuiting therebetween. Park discloses a battery with a cathode, separator and anode (Abstract, figures 3 and 4, discussed throughout) with a resin layer (figures 3 and 4 #150, page 5 shows that the layer is a resin, discussed throughout) next to the electrode assembly (figures 3 and 4 #130). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date to use the resin layer from Park within Hiroma around the electrode assembly because the resin layer maintains the battery shape and prevents damage to the electrode assembly during assembly (Abstract, discussed throughout). Thus, disclosing the instant claimed structure. Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over modified Hiroma (JP 2012018795A as cited in the IDS sent on 2/15/2024), as applied to claim 4 above and further in view of Kwon (US2014/0170467). As to claim 5, Hiroma is silent to wherein the two cutout parts are provided at respective corners of the quadrilateral, the corners being opposite to each other. However, Kwon discloses a stacked battery ([0010]) wherein the two terminal tabs are provided at respective corners of the quadrilateral, the corners being opposite to each other (figure 25 P31 and P32, [0124], also throughout). It would have been obvious to one of ordinary skill withing the art at the time of the effective filling date of the invention to move the location of the tabs from Kwon to the location as disclosed by Yamamoto as a mere change in shape or a mere combing prior art elements according to known methods to yield predictable results i.e. location of tabs (see MPEP 2143 I(A) or MPEP 2144.04 IV (B)). Also it would have been obvious to one of ordinary skill within the art to move the cutout portions to the corners as a mere change in shape baring any criticality or unexpected results (see MPEP 2144.04 IV (B)). Response to Arguments Applicant’s arguments, see Applicants Arguments, filed 12/11/2025, with respect to the rejections of claims 1 and 3-5 under modified Hiroma have been fully considered. Hiroma as modified by Yamamoto, has been change to Hiroma as modified by Kwon. Thus, showing the tabs at the corners without displacement. Additionally within the applicants figures there does appear to be minimal displacement as well. Also, note that the applicant. The examiner also added a mere change in shape rejection as well to further expedite prosecution. Please see the rejection above. The applicant argues that the Hiroma as modified by Park does not discloses the resin within the cutout. This is because Park does not have any cutouts. In response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Park shows the resin around the perimeter of the battery. Thus, the modification would have the resin around the perimeter of the battery and read on the instant claimed invention. Therefore, the examiner maintains the rejection. Contact Information Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R OHARA whose telephone number is (571)272-0728. The examiner can normally be reached 7:30 AM-3:30 PM EST M-F. 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, Miriam Stagg can be reached at 571-270-5256. 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. /BRIAN R OHARA/Examiner, Art Unit 1724
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Prosecution Timeline

Oct 20, 2022
Application Filed
Apr 30, 2025
Non-Final Rejection — §103
Jul 15, 2025
Applicant Interview (Telephonic)
Jul 15, 2025
Examiner Interview Summary
Jul 28, 2025
Response Filed
Sep 17, 2025
Final Rejection — §103
Dec 11, 2025
Request for Continued Examination
Dec 17, 2025
Response after Non-Final Action
Dec 29, 2025
Non-Final Rejection — §103
Mar 05, 2026
Applicant Interview (Telephonic)
Mar 05, 2026
Examiner Interview Summary
Mar 19, 2026
Response Filed
Apr 06, 2026
Final Rejection — §103 (current)

Precedent Cases

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Prosecution Projections

4-5
Expected OA Rounds
79%
Grant Probability
88%
With Interview (+9.1%)
2y 9m
Median Time to Grant
High
PTA Risk
Based on 529 resolved cases by this examiner