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 .
This is a final office action in response to Applicant's remarks and amendments filed on 12/22/2025. Claims 1 and 4-7 are currently amended. Claims 1-11 are pending review in this action. The previous 35 U.S.C. 112(b) rejections are withdrawn in light of Applicant's amendment to the claims. The previous 35 U.S.C. 103 rejections are withdrawn in light of Applicant's amendment to Claim 1, however, the previously cited prior art has been upheld as reading on the amended claims. Updated rejections necessitated by the Applicant’s amendments are detailed below. In order to advance prosecution, new grounds of rejection are additionally presented below.
Claim Rejections - 35 USC § 103 – Previous Grounds of Rejection
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Nakanishi et al. (US 2004/0023107 A1).
In Regards to Claim 1:
Nakanishi discloses a secondary battery comprising: an electrode assembly (spirally wound electrode unit, 4) having a first tab (uncoated portion of strip-like current collector, 45) and a second tab (uncoated portion of strip-like current collector, 47) provided at the opposite side to the first tab (uncoated portion of strip-like current collector, 45) (Figures 1 and 2, [0079, 0081, 0111]). Nakanishi further discloses a first current collector (current collector plate, 6) which is welded on the first tab (uncoated portion of strip-like current collector, 45) of the electrode assembly (spirally wound electrode unit, 4) (Figure 1, [0082]). Nakanishi further discloses a case assembly comprising a case (battery can, 5, and upper lid, 52) which accommodates the electrode assembly (spirally wound electrode unit, 4) and the first current collector (current collector plate, 6), and a second current collector (current collector plate, 61) which is in close contact with the second tab (uncoated portion of strip-like current collector, 47) of the electrode assembly (spirally wound electrode unit, 4) (Figure 1, [0078, 0082, 0051]). Nakanishi further discloses a terminal unit (terminal connector part, 9) which is electrically connected to the second current collector (current collector plate, 61) and penetrates through the case (battery can, 5, and upper lid, 52) (Figure 1, [0086]). Nakanishi further discloses that the first current collector (current collector plate, 6) includes a disk (areas on which connecting pieces, 64, are formed), and a plurality of extending portions (peripheral edges of current collector plate, 6) extending outward from the disk (areas on which connecting pieces, 64, are formed) (Figures 1 and 5, [0097]). Nakanishi further discloses that the plurality of extending portions (peripheral edges of current collector plate, 6) are in contact with the upper lid (52) of the case (battery can, 5, and upper lid, 52) via the flange portion (70), terminal connector (71), and first insulator (72) (Figure 1, [0088, 0097]).
The examiner notes that the instant claim does not require that the plurality of extending portions are directly in contact with the case.
Nakanishi is silent to the diameter of the first current collector and the diameter of the electrode assembly. However, it would be obvious to one or ordinary skill in the art at the time of the filing of the invention to select for the diameter of the first current collector, a diameter which is larger than the diameter of the electrode assembly, as such a relative diameter is one of a finite number of possible relative diameters that the first current collector could possess within the secondary battery (MPEP 2143 I, E). For example, the diameter of the first current collector could only be greater than, equal to, or less than the diameter of the electrode assembly. Upon the above selection, all of the limitations of Claim 1 are met.
In Regards to Claim 2 (Dependent Upon Claim 1):
Nakanishi discloses the secondary battery of Claim 1 as set forth above. Nakanishi further discloses a support member (first insulator, 72) disposed on the first current collector (current collector plate, 6) via the terminal connector (71) and the connection pieces (63) (Figure 1, [0088]). Thus, all of the limitations of Claim 2 are met.
In Regards to Claim 3 (Dependent Upon Claim 2):
Nakanishi discloses the secondary battery of Claim 2 as set forth above. Nakanishi further discloses a safety vent (gas vent valve, 50) disposed on the support member (first insulator, 72) and blocking the upper lid (52) of the case (battery can, 5, and upper lid, 52) (Figure 1, [0078]).
The examiner notes that the instant claim does not require that the safety vent is disposed directly on the support member. Thus, all of the limitations of Claim 3 are met.
In Regards to Claim 4 (Dependent Upon Claim 2):
Nakanishi discloses the secondary battery of Claim 2 as set forth above. Nakanishi further discloses that the first current collector (current collector plate, 6) includes a plurality of slits (holes resulting from formation of connecting pieces, 64) provided on the disk (areas on which connecting pieces, 64, are formed) and welded to the first tab (uncoated portion of strip-like current collector, 45) (Figures 1 and 5, [0087-0088, 0097]). Thus, all of the limitations of Claim 4 are met.
In Regards to Claim 5 (Dependent Upon Claim 1):
Nakanishi discloses the secondary battery of Claim 1 as set forth above. Nakanishi further discloses that extending portions (connecting pieces, 64) are bent from a disk (areas on which connecting pieces, 64, are formed) and welded to the case (battery can, 5, and upper lid, 52) via the welding occurring between the first current collector (current collector plate, 6), flange portion (70), which is connected to the lid (52) (Figure 1, [0073, 0078]).
The examiner notes that the instant claim does not require that the extending portions are directly welded to the case. Thus, all of the limitations of Claim 5 are met.
In Regards to Claim 6 (Dependent Upon Claim 2):
Nakanishi discloses the secondary battery of Claim 2 as set forth above. Nakanishi further discloses a support member (first insulator, 72), wherein the support member (first insulator, 72) is disposed on extending portions (connecting pieces, 64) via terminal connector (71) (Figures 1 and 5, [0088, 0097]).
The examiner notes that the instant claim does not require that the support member is directly disposed on the extending portions. Thus, all of the limitations of Claim 6 are met.
In Regards to Claim 7 (Dependent Upon Claim 3):
Nakanishi discloses the secondary battery of Claim 3 as set forth above. Nakanishi further discloses a first gasket (second insulator, 73) interposed between each of the plurality of extending portions (connecting pieces, 64), the support member (first insulator, 72), the case (battery can, 5, and upper lid, 52), and a safety vent (gas vent valve, 50) (Figures 1 and 5, [0078, 0088, 0097]). Thus, all of the limitations of Claim 7 are met.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Nakanishi et al. (US 2004/0023107 A1), as applied to Claim 7 above, further in view of Eun et al. (KR 100490526 B1) (citations made in reference to English machine translation attached to this office action).
In Regards to Claim 8 (Dependent Upon Claim 7):
Nakanishi discloses the secondary battery of Claim 7 as set forth above.
Nakanishi is deficient in disclosing a spring interposed between the second tab and the second current collector.
Eun discloses a secondary battery (cylindrical secondary battery) comprising an electrode assembly (14) (p.8, lines 4-7) including an electrode tab (positive electrode grid, 31) (p.8, lines 11-13), and a current collector plate (positive electrode plate end, 40) which is electrically connected to the electrode assembly (14) (Figure 2, p.8, lines 17-18, and p.9, lines 7-10). Eun further discloses that a spring (compression spring, 38) is included between the current collector plate (positive electrode plate end, 40) and the electrode tab (positive electrode grid, 31) (Figure 2, [p.9, lines 7-10). Eun further discloses that the spring (compression spring, 38) serves to apply a spring force to the electrode assembly (14) and thus securing the electrical connection of the electrode assembly (14) with the current collector plate (positive electrode plate end, 40) (Figure 2, p.9, lines 7-10).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the secondary battery of Nakanishi to include between the second current collector and the second tab, a spring, as it is known in the art as a useful feature to include in a secondary battery and would provide a suitable electrical connection between the electrode assembly and the second current collector, as taught by Eun. Furthermore, the selection of a known apparatus based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modification, all of the limitations of Claim 8 are met.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Nakanishi et al. (US 2004/0023107 A1), as applied to Claims 1 and 7 above, further in view of Sato et al. (US 2006/0078787 A1).
In Regards to Claim 9 (Dependent Upon Claim 7):
Nakanishi discloses the secondary battery of Claim 7 as set forth above.
Nakanishi is deficient in disclosing that the case further includes a beading part bent inwardly in a region corresponding to the first current collector and a crimping part bent inwardly while covering the first gasket.
Sato discloses a secondary battery (cylindrical nonaqueous electrode secondary battery) comprising a case (external can, 1), a lid (hat-shaped terminal plate, 15), a current collector (current breaking member, 12), and a gasket (insulating gasket, 10) (Figure 1, [0040-0042]). Sato further discloses that the case (external can, 1) accommodates the current collector (current breaking member, 12) and the gasket (insulating gasket, 10), and is closed by the lid (hat-shaped terminal plate, 15) (Figure 1, [0040-0042]). Sato further discloses that the case (external can, 1) includes a beading part (see annotated Figure 1 below) which is bent inwardly in a region corresponding to the current collector (current breaking member, 12) and a crimping part (see annotated Figure 1 below) bent inwardly while covering the gasket (insulating gasket, 10), which serves to reliably seal the secondary battery (cylindrical nonaqueous electrode secondary battery) (Figure 1, [0160]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the secondary battery of Nakanishi to have the case comprise a beading part and a crimping part, as it is known in the art as a suitable method of sealing a secondary battery in a reliable manner, as taught by Sato. Furthermore, the selection of a known configuration based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon making the above modification, all of the limitations of Claim 9 are met.
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Annotated Figure 1 (Sato US 2006/0078787 A1)
In Regards to Claim 10 (Dependent Upon Claim 7):
Nakanishi discloses the secondary battery of Claim 7 as set forth above. Nakanishi further discloses that extending portions (connecting pieces, 64) of the first current collector (current collector plate, 6) are bent “outward” from a disk (areas on which connecting pieces, 64, are formed) of the first current collector (current collector plate, 6) (Figure 1, [0073, 0078]).
Nakanishi is deficient in disclosing that the case further includes a seaming portion bent outward together with the first current collector.
Sato discloses a secondary battery (cylindrical nonaqueous electrode secondary battery) comprising a case (external can, 1), a lid (hat-shaped terminal plate, 15), a current collector (current breaking member, 12), and a gasket (insulating gasket, 10) (Figure 1, [0040-0042]). Sato further discloses that the case (external can, 1) accommodates the current collector (current breaking member, 12) and the gasket (insulating gasket, 10), and is closed by the lid (hat-shaped terminal plate, 15) (Figure 1, [0040-0042]). Sato further discloses that the case (external can, 1) includes a beading part (see annotated Figure 1 below) which is bent inwardly in a region corresponding to the current collector (current breaking member, 12) and a seaming portion bent “outwards” while covering the gasket (insulating gasket, 10), which serves to reliably seal the secondary battery (cylindrical nonaqueous electrode secondary battery) (Figure 1, [0160]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the secondary battery of Nakanishi to have the case comprise a beading part and a seaming part bent outwards, as it is known in the art as a suitable method of sealing a secondary battery in a reliable manner, as taught by Sato. Furthermore, the selection of a known configuration based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
The examiner notes that terms such as “outward” and “inward” as utilized in the claims do not convey any particular structural requirements other than establishing the location of the components of the secondary battery relative to one another within the secondary battery. The particular orientation of the secondary battery does not provide any structural limitations to the secondary battery itself. Thus, upon making the above modification, all of the limitations of Claim 10 are met.
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Annotated Figure 1 (Sato US 2006/0078787 A1)
In Regards to Claim 11 (Dependent Upon Claim 1):
Nakanishi discloses the secondary battery of Claim 1 as set forth above.
Nakanishi is deficient in disclosing that the case includes a curling portion bent toward the first current collector.
Sato discloses a secondary battery (cylindrical nonaqueous electrode secondary battery) comprising a case (external can, 1), a lid (hat-shaped terminal plate, 15), a current collector (current breaking member, 12), and a gasket (insulating gasket, 10) (Figure 1, [0040-0042]). Sato further discloses that the case (external can, 1) accommodates the current collector (current breaking member, 12) and the gasket (insulating gasket, 10), and is closed by the lid (hat-shaped terminal plate, 15) (Figure 1, [0040-0042]). Sato further discloses that the case (external can, 1) includes a beading part (see annotated Figure 1 below) which is bent inwardly in a region corresponding to the current collector (current breaking member, 12) and a curling part (see annotated Figure 1 below) bent inwardly while covering the gasket (insulating gasket, 10), which serves to reliably seal the secondary battery (cylindrical nonaqueous electrode secondary battery) (Figure 1, [0160]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the secondary battery of Nakanishi to have the case comprise a beading part and a curling part, as it is known in the art as a suitable method of sealing a secondary battery in a reliable manner, as taught by Sato. Furthermore, the selection of a known configuration based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon making the above modification, all of the limitations of Claim 11 are met.
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Annotated Figure 1 (Sato US 2006/0078787 A1)
Claim Rejections - 35 USC § 103 – New Grounds of Rejection
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-7 are rejected under 35 U.S.C. 103 as being unpatentable over Nakanishi et al. (US 2004/0023107 A1) further in view of Kaun (US 2003/0013007 A1).
In Regards to Claim 1:
Nakanishi discloses a secondary battery comprising: an electrode assembly (spirally wound electrode unit, 4) having a first tab (uncoated portion of strip-like current collector, 45) and a second tab (uncoated portion of strip-like current collector, 47) provided at the opposite side to the first tab (uncoated portion of strip-like current collector, 45) (Figures 1 and 2, [0079, 0081, 0111]). Nakanishi further discloses a first current collector (current collector plate, 6) which is welded on the first tab (uncoated portion of strip-like current collector, 45) of the electrode assembly (spirally wound electrode unit, 4) (Figure 1, [0082]). Nakanishi further discloses a case assembly comprising a case (battery can, 5, and upper lid, 52) which accommodates the electrode assembly (spirally wound electrode unit, 4) and the first current collector (current collector plate, 6), and a second current collector (current collector plate, 61) which is in close contact with the second tab (uncoated portion of strip-like current collector, 47) of the electrode assembly (spirally wound electrode unit, 4) (Figure 1, [0078, 0082, 0051]). Nakanishi further discloses a terminal unit (terminal connector part, 9) which is electrically connected to the second current collector (current collector plate, 61) and penetrates through the case (battery can, 5, and upper lid, 52) (Figure 1, [0086]). Nakanishi further discloses that the first current collector (current collector plate, 6) includes a disk (areas on which connecting pieces, 64, are formed) and a plurality of extending portions (peripheral edges of current collector plate, 6) extending outward from the disk (areas on which connecting pieces, 64, are formed) and contacting the upper lid (52) of the case (battery can, 5, and upper lid, 52) via the flange portion (70), terminal connector (71), and first insulator (72) (Figure 1, [0088, 0097]). Nakanishi further discloses that the electrode assembly (spirally wound electrode unit, 4) is a wound electrode assembly and the first current collector (current collector plate, 6) and the second current collector (current collector plate, 61) are in direct contact with opposite ends of the electrode assembly (spirally wound electrode unit, 4) (Figure 1, [0082]).
The examiner notes that the instant claim does not require that the extending portions are in direct contact with the case.
Nakanishi is silent to the diameter of the first current collector and the diameter of the electrode assembly.
Kaun discloses a secondary battery (lithium battery) comprising a wound electrode assembly which is accommodated in a housing (cup-like subassemblies) (Figure 10, [0102]). Kaun further discloses that the housing (cup-like subassemblies) is fitted around the periphery of the wound electrode assembly and additionally serves as a current collector for the secondary battery (lithium battery) [0102]. Kaun further discloses that having the housing (cup-like subassemblies) serve as the current collector is functionally equivalent to having a separate current collector as is common in the art [0089].
The skilled artisan would appreciate that as the wound electrode assembly of Kaun fits within the housing (cup-like subassemblies), and the housing (cup-like subassemblies) serves as the current collectors of the secondary battery (lithium battery), the “current collector diameter” would necessarily be greater than the diameter of the wound electrode assembly.
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the diameter of the current collectors of Nakanishi, a diameter which is greater than the diameter of the electrode assembly, as it is known in the art that a diameter of a current collector being greater than a diameter of a wound electrode assembly is a suitable size configuration for use in a secondary battery with a wound electrode assembly, as taught by Kaun. Additionally, the skilled artisan would be motivated to apply the teaching of Kaun to the secondary battery of Nakanishi as Kaun teaches that a housing being used as a current collector is functionally equivalent to having a separate current collector as is commonly found in the art. Furthermore, the selection of a known configuration based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon making the above modification, all of the limitations of Claim 1 are met.
In Regards to Claim 2 (Dependent Upon Claim 1):
Nakanishi as modified by Kaun discloses the secondary battery of Claim 1 as set forth above. Nakanishi further discloses a support member (first insulator, 72) disposed on the first current collector (current collector plate, 6) via the terminal connector (71) and the connection pieces (63) (Figure 1, [0088]). Thus, all of the limitations of Claim 2 are met.
In Regards to Claim 3 (Dependent Upon Claim 2):
Nakanishi as modified by Kaun discloses the secondary battery of Claim 2 as set forth above. Nakanishi further discloses a safety vent (gas vent valve, 50) disposed on the support member (first insulator, 72) and blocking the upper lid (52) of the case (battery can, 5, and upper lid, 52) (Figure 1, [0078]).
The examiner notes that the instant claim does not require that the safety vent is disposed directly on the support member. Thus, all of the limitations of Claim 3 are met.
In Regards to Claim 4 (Dependent Upon Claim 2):
Nakanishi as modified by Kaun discloses the secondary battery of Claim 2 as set forth above. Nakanishi further discloses that the first current collector (current collector plate, 6) includes a plurality of slits (holes resulting from formation of connecting pieces, 64) on the disk (areas on which connecting pieces, 64, are formed) and welded to the first tab (uncoated portion of strip-like current collector, 45) (Figures 1 and 5, [0087-0088, 0097]). Thus, all of the limitations of Claim 4 are met.
In Regards to Claim 5 (Dependent Upon Claim 1):
Nakanishi as modified by Kaun discloses the secondary battery of Claim 1 as set forth above. Nakanishi further discloses that extending portions (connecting pieces, 64) are bent from a disk (areas on which connecting pieces, 64, are formed) and welded to the case (battery can, 5, and upper lid, 52) via the welding occurring between the first current collector (current collector plate, 6), flange portion (70), which is connected to the lid (52) (Figure 1, [0073, 0078]).
The examiner notes that the instant claim does not require that the extending portions are directly welded to the case. Thus, all of the limitations of Claim 5 are met.
In Regards to Claim 6 (Dependent Upon Claim 2):
Nakanishi as modified by Kaun discloses the secondary battery of Claim 2 as set forth above. Nakanishi further discloses a support member (first insulator, 72), wherein the support member (first insulator, 72) is disposed on extending portions (connecting pieces, 64) via terminal connector (71) (Figures 1 and 5, [0088, 0097]).
The examiner notes that the instant claim does not require that the support member is directly disposed on the extending portions. Thus, all of the limitations of Claim 6 are met.
In Regards to Claim 7 (Dependent Upon Claim 3):
Nakanishi as modified by Kaun discloses the secondary battery of Claim 3 as set forth above. Nakanishi further discloses a first gasket (second insulator, 73) interposed between each of the plurality of extending portions (connecting pieces, 64), the support member (first insulator, 72), the case (battery can, 5, and upper lid, 52), and a safety vent (gas vent valve, 50) (Figures 1 and 5, [0078, 0088, 0097]). Thus, all of the limitations of Claim 7 are met.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Nakanishi et al. (US 2004/0023107 A1) as modified by Kaun (US 2003/0013007 A1), as applied to Claim 7 above, further in view of Eun et al. (KR 100490526 B1) (citations made in reference to English machine translation attached to this office action).
In Regards to Claim 8 (Dependent Upon Claim 7):
Nakanishi as modified by Kaun discloses the secondary battery of Claim 7 as set forth above.
Nakanishi is deficient in disclosing a spring interposed between the second tab and the second current collector.
Eun discloses a secondary battery (cylindrical secondary battery) comprising an electrode assembly (14) (p.8, lines 4-7) including an electrode tab (positive electrode grid, 31) (p.8, lines 11-13), and a current collector plate (positive electrode plate end, 40) which is electrically connected to the electrode assembly (14) (Figure 2, p.8, lines 17-18, and p.9, lines 7-10). Eun further discloses that a spring (compression spring, 38) is included between the current collector plate (positive electrode plate end, 40) and the electrode tab (positive electrode grid, 31) (Figure 2, [p.9, lines 7-10). Eun further discloses that the spring (compression spring, 38) serves to apply a spring force to the electrode assembly (14) and thus securing the electrical connection of the electrode assembly (14) with the current collector plate (positive electrode plate end, 40) (Figure 2, p.9, lines 7-10).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the secondary battery of Nakanishi to include between the second current collector and the second tab, a spring, as it is known in the art as a useful feature to include in a secondary battery and would provide a suitable electrical connection between the electrode assembly and the second current collector, as taught by Eun. Furthermore, the selection of a known apparatus based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modification, all of the limitations of Claim 8 are met.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Nakanishi et al. (US 2004/0023107 A1) as modified by Kaun (US 2003/0013007 A1), as applied to Claims 1 and 7 above, further in view of Sato et al. (US 2006/0078787 A1).
In Regards to Claim 9 (Dependent Upon Claim 7):
Nakanishi as modified by Kaun discloses the secondary battery of Claim 7 as set forth above.
Nakanishi is deficient in disclosing that the case further includes a beading part bent inwardly in a region corresponding to the first current collector and a crimping part bent inwardly while covering the first gasket.
Sato discloses a secondary battery (cylindrical nonaqueous electrode secondary battery) comprising a case (external can, 1), a lid (hat-shaped terminal plate, 15), a current collector (current breaking member, 12), and a gasket (insulating gasket, 10) (Figure 1, [0040-0042]). Sato further discloses that the case (external can, 1) accommodates the current collector (current breaking member, 12) and the gasket (insulating gasket, 10), and is closed by the lid (hat-shaped terminal plate, 15) (Figure 1, [0040-0042]). Sato further discloses that the case (external can, 1) includes a beading part (see annotated Figure 1 below) which is bent inwardly in a region corresponding to the current collector (current breaking member, 12) and a crimping part (see annotated Figure 1 below) bent inwardly while covering the gasket (insulating gasket, 10), which serves to reliably seal the secondary battery (cylindrical nonaqueous electrode secondary battery) (Figure 1, [0160]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the secondary battery of Nakanishi to have the case comprise a beading part and a crimping part, as it is known in the art as a suitable method of sealing a secondary battery in a reliable manner, as taught by Sato. Furthermore, the selection of a known configuration based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon making the above modification, all of the limitations of Claim 9 are met.
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Annotated Figure 1 (Sato US 2006/0078787 A1)
In Regards to Claim 10 (Dependent Upon Claim 7):
Nakanishi as modified by Kaun discloses the secondary battery of Claim 7 as set forth above. Nakanishi further discloses that extending portions (connecting pieces, 64) of the first current collector (current collector plate, 6) are bent “outward” from a disk (areas on which connecting pieces, 64, are formed) of the first current collector (current collector plate, 6) (Figure 1, [0073, 0078]).
Nakanishi is deficient in disclosing that the case further includes a seaming portion bent outward together with the first current collector.
Sato discloses a secondary battery (cylindrical nonaqueous electrode secondary battery) comprising a case (external can, 1), a lid (hat-shaped terminal plate, 15), a current collector (current breaking member, 12), and a gasket (insulating gasket, 10) (Figure 1, [0040-0042]). Sato further discloses that the case (external can, 1) accommodates the current collector (current breaking member, 12) and the gasket (insulating gasket, 10), and is closed by the lid (hat-shaped terminal plate, 15) (Figure 1, [0040-0042]). Sato further discloses that the case (external can, 1) includes a beading part (see annotated Figure 1 below) which is bent inwardly in a region corresponding to the current collector (current breaking member, 12) and a seaming portion bent “outwards” while covering the gasket (insulating gasket, 10), which serves to reliably seal the secondary battery (cylindrical nonaqueous electrode secondary battery) (Figure 1, [0160]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the secondary battery of Nakanishi to have the case comprise a beading part and a seaming part bent outwards, as it is known in the art as a suitable method of sealing a secondary battery in a reliable manner, as taught by Sato. Furthermore, the selection of a known configuration based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
The examiner notes that terms such as “outward” and “inward” as utilized in the claims do not convey any particular structural requirements other than establishing the location of the components of the secondary battery relative to one another within the secondary battery. The particular orientation of the secondary battery does not provide any structural limitations to the secondary battery itself. Thus, upon making the above modification, all of the limitations of Claim 10 are met.
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Annotated Figure 1 (Sato US 2006/0078787 A1)
In Regards to Claim 11 (Dependent Upon Claim 1):
Nakanishi as modified by Kaun discloses the secondary battery of Claim 1 as set forth above.
Nakanishi is deficient in disclosing that the case includes a curling portion bent toward the first current collector.
Sato discloses a secondary battery (cylindrical nonaqueous electrode secondary battery) comprising a case (external can, 1), a lid (hat-shaped terminal plate, 15), a current collector (current breaking member, 12), and a gasket (insulating gasket, 10) (Figure 1, [0040-0042]). Sato further discloses that the case (external can, 1) accommodates the current collector (current breaking member, 12) and the gasket (insulating gasket, 10), and is closed by the lid (hat-shaped terminal plate, 15) (Figure 1, [0040-0042]). Sato further discloses that the case (external can, 1) includes a beading part (see annotated Figure 1 below) which is bent inwardly in a region corresponding to the current collector (current breaking member, 12) and a curling part (see annotated Figure 1 below) bent inwardly while covering the gasket (insulating gasket, 10), which serves to reliably seal the secondary battery (cylindrical nonaqueous electrode secondary battery) (Figure 1, [0160]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the secondary battery of Nakanishi to have the case comprise a beading part and a curling part, as it is known in the art as a suitable method of sealing a secondary battery in a reliable manner, as taught by Sato. Furthermore, the selection of a known configuration based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon making the above modification, all of the limitations of Claim 11 are met.
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Annotated Figure 1 (Sato US 2006/0078787 A1)
Response to Arguments
Applicant’s arguments, filed 12/22/2025 have been fully considered but they are not fully persuasive.
The Applicant argues that Nakanishi et al. (US 2004/0023107 A1) fails to teach all of the limitations of amended Claim 1. Specifically, the Applicant argues that Nakanishi fails to teach that the first current collector includes a plurality of extending portions which extend outward from the disk and contact the case.
The examiner respectfully disagrees. As detailed above in the rejection of Claim 1 (in particular under the “Maintained Grounds of Rejection” heading), Nakanishi discloses a secondary battery comprising: an electrode assembly (spirally wound electrode unit, 4) having a first tab (uncoated portion of strip-like current collector, 45) and a second tab (uncoated portion of strip-like current collector, 47) provided at the opposite side to the first tab (uncoated portion of strip-like current collector, 45) (Figures 1 and 2, [0079, 0081, 0111]). Nakanishi further discloses a first current collector (current collector plate, 6) which is welded on the first tab (uncoated portion of strip-like current collector, 45) of the electrode assembly (spirally wound electrode unit, 4) (Figure 1, [0082]). Nakanishi further discloses that the first current collector (current collector plate, 6) includes a disk (areas on which connecting pieces, 64, are formed), and a plurality of extending portions (peripheral edges of current collector plate, 6) extending outward from the disk (areas on which connecting pieces, 64, are formed) (Figures 1 and 5, [0097]). Nakanishi further discloses that the plurality of extending portions (peripheral edges of current collector plate, 6) are in contact with the upper lid (52) of the case (battery can, 5, and upper lid, 52) via the flange portion (70), terminal connector (71), and first insulator (72) (Figure 1, [0088, 0097]).
The examiner notes that the instant claim does not require that the plurality of extending portions are directly in contact with the case. The examiner further notes that a claim amendment which requires that the plurality of extending portions are in direct contact with the case would appear to overcome the prior art.
The Applicant further argues that the previous rejection of Claim 1 fails to articulate the Graham factors required to make a proper 35 U.S.C. 103 rejection in view of MPEP 2143(I)(E). Specifically, the Applicant argues that the previous office action fails to identify any recognized need or problem in the prior art (particularly the problem of heat generation in secondary batteries), nor teaching of a solution to addressing the need or problem, thus, the previously made rejection is improper.
The examiner respectfully disagrees. In response to applicant's argument that the previous rejection of Claim 1 fails to identify any recognized problem or need in the art…and much less the problem of heat generation in secondary batteries that decreased their safety and reliability, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
As detailed above in the rejection of Claim 1 (in particular under the “Maintained Grounds of Rejection” heading), Nakanishi discloses a secondary battery comprising: an electrode assembly (spirally wound electrode unit, 4) having a first tab (uncoated portion of strip-like current collector, 45) and a second tab (uncoated portion of strip-like current collector, 47) provided at the opposite side to the first tab (uncoated portion of strip-like current collector, 45) (Figures 1 and 2, [0079, 0081, 0111]). Nakanishi further discloses a first current collector (current collector plate, 6) which is welded on the first tab (uncoated portion of strip-like current collector, 45) of the electrode assembly (spirally wound electrode unit, 4) (Figure 1, [0082]).
Nakanishi is silent to the diameter of the first current collector and the diameter of the electrode assembly. However, it would be obvious to one or ordinary skill in the art at the time of the filing of the invention to select for the diameter of the first current collector, a diameter which is larger than the diameter of the electrode assembly, as such a relative diameter is one of a finite number of possible relative diameters that the first current collector could possess within the secondary battery (MPEP 2143 I, E). For example, the diameter of the first current collector could only be greater than, equal to, or less than the diameter of the electrode assembly.
Regarding the four rationale requirements identified by the Applicant:
1) Nakanishi is silent to the diameter of the first current collector and the diameter of the electrode assembly, however, the skilled artisan would appreciate that each of the first current collector and the electrode assembly must possess a diameter, and that the selection of such diameters would necessarily represent a design need.
2) The skilled artisan would appreciate that the diameter of the first current collector could only be greater than, equal to, or less than the diameter of the electrode assembly, which is a finite number of predictable solutions to the recognized design need.
3) With the understanding of the above finite number of predictable solutions, one of ordinary skill in the art would have a reasonable expectation of success in choosing one of the above identified solutions.
4) Furthermore, the skilled artisan would appreciate that there would be a reasonable expectation of success in choosing, for example, a first current collector which is greater than the diameter of the electrode assembly by a small degree. For instance, the diameter of the first current collector could be 0.001mm greater than the diameter of the electrode assembly.
The examiner further notes that it has been held that mere changes in size/proportion of an object is a matter of design choice absent persuasive evidence the particular size of the claimed object is significant (MPEP 2144.04 IV).
The Applicant further argues that the office action has engaged in improper hindsight reconstruction to arrive at the previously made rejection of Claim 1.
In response to applicant's argument that the examiner's conclusion of obviousness is based upon improper hindsight reasoning, it must be recognized that any judgment on obviousness is in a sense necessarily a reconstruction based upon hindsight reasoning. But so long as it takes into account only knowledge which was within the level of ordinary skill at the time the claimed invention was made, and does not include knowledge gleaned only from the applicant's disclosure, such a reconstruction is proper. See In re McLaughlin, 443 F.2d 1392, 170 USPQ 209 (CCPA 1971).
In order to advance prosecution, a new grounds of rejection is additionally made in view of Nakanishi et al. (US 2004/0023107 A1), Kaun (US 2003/0013007 A1), Eun et al. (KR 100490526 B1), and Sato et al. (US 2006/0078787 A1).
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 EMILY E FREEMAN whose telephone number is (571)272-1498. The examiner can normally be reached Monday - Friday 8:30AM-5:00PM.
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/E.E.F./Examiner, Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724
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