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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 21 April 2026 has been entered.
Status of Claims
Claims 1-2 and 5-21 are currently pending
Claims 1 and 8 are amended
New claim 21 has been added
Status of Amendments
The amendment filed 21 April 2026 has been fully considered, but does not place the application in condition for allowance.
Status of Objections and Rejections of the Office Action from 23 February 2026
The 102 rejections over Lin have been withdrawn, in view of Applicant’s amendment.
The 103 rejections over Lin further in view of Lee and Guo, respectively, have been withdrawn.
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 1-2 and 5-21 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 3-9, and 10-11 of U.S. Patent No. 12444748 B2. Although the claims at issue are not identical, they are not patentably distinct from each other because:
The limitations of instant claims 1, 2, and 6 are recited in claims 1, 3-4, and 9 of US 12444748 B2. Minor differences in verbiage are present, with the instant application claiming insulation glue, insulation sub-glues, and a cambered zone and US 12444748 B2 claiming insulating adhesive, sub-insulating adhesive, and an arc-surface region, but the components are defined to be equivalent. US 12444748 B2 does not specify the first current collector and the first active layer terminating at the end of the first electrode plate and the insulation sub-glues being separate insulation glue layers. However, these limitations would have been obvious for one of ordinary skill in the art based on US 12444748 B2 defining the first end as a winding ending end and the second insulation sub-glue partially covering the outer surface of the first insulation sub-glue facing away from the first current collector, entirely covering the first arc-surface region, and overlapping the first end. US 12444748 B2 further claims limitations regarding a first coating being present between the active material and the current collector, the insulating adhesive directly covering the entire outermost surface of the first current collector, and lengths of the electrode plates in relation to the arc length of the arc-surface region, but none of these limitations prevent the claimed invention of US 12444748 B2 from reading on the claimed invention of the instant application.
Instant claim 8 is almost identical to US 12444748 B2 claim 5, aside from referring to the ends of the separator as the fifth and sixth ends.
Instant claims 11, 14, and 15 combine to be almost identical to US 12444748 B2 claim 6.
Instant claims 12 and 13 combine to be almost identical to US 12444748 B2 claim 7, aside from US 12444748 B2 claiming providing the third sub-insulating adhesive with a connecting region that is bare and could be considered to read on the outermost end of the third end portion not being covered by the third insulation sub-glue.
Instant claims 17 and 18 combine to be almost identical to US 12444748 B2 claim 8, aside from minor verbiage differences.
Instant claim 19 is identical to US 12444748 B2 claim 10.
Instant claim 20 is almost identical to US 12444748 B2 claim 11, aside from US 12444748 B2 claiming an electronic device instead of an electronic apparatus.
Instant claims 5, 7, 9-10, 13-16, and 21 are rejected for being dependent from a rejected base claim.
Allowable Subject Matter
Claims 1-2 and 5-21 would be allowable if rewritten or amended to overcome the double patenting rejection over U.S. Patent No. 12444748 B2, set forth in this Office action, or through the timely filing of a terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) and accompanying request for reconsideration, as noted above.
The following is a statement of reasons for the indication of allowable subject matter:
CN 209045679 U and US 20200044274 A1 independently teach a similar battery cell to the claimed invention, but the current collector does not terminate at the end of the first electrode plate and, depending on which sub-glue is considered to be the first and which is considered to be the second, the second insulation sub-glue either covers a surface of the first insulation sub-glue facing the inner side of the battery cell, rather than the outer side, or does not cover the first and second end portion.
US 11158879 B2 teaches a similar battery cell comprising a second sub-glue that is disposed in a way that more closely matches the claimed second sub-glue. However, the source is silent as to a first insulation sub-glue being present. Further, if the first electrode is at an outermost circle of the battery cell, then a distance from the first end portion to the first end face would be smaller than a distance from the second end portion to the first end face.
US 8557423 B2, CN 205828573 U, CN 205828576 U, CN 203218374 U, KR 100601548 B1, EP 3648202 A1, and CN 104681878 B all teach comparable battery cell structures, but lack the specified insulating sub-glue composition of the present application.
The pertinent prior art, when taken alone or in combination, cannot be reasonably construed as adequately teaching or suggesting all of the elements and features of the claimed invention as arranged, disposed, or provided in the manner as claimed by the Applicant.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DUSTIN KENWOOD VAN KIRK whose telephone number is (703)756-4717. The examiner can normally be reached Monday-Friday 9am-5pm EST.
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/DUSTIN VAN KIRK/Examiner, Art Unit 1722
/ANCA EOFF/Primary Examiner, Art Unit 1722
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