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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 June 2, 2026 has been entered.
Response to Amendment
In response to the amendment received on May 4, 2026, entered as per the RCE filed June 2, 2026:
Claims 1-8 are pending;
The prior art rejections to Nakai et al. (JP 2009-123440A) stand as modified in light of the amendment.
Claim Interpretation
The claimed plurality of substrate current collectors in claim 1 have been interpreted in light of the specification to refer to elements 192 of the second electrode current collector plate 190 (see annotated Fig. 3 below) which is electrically connected to the cap assembly 150 (See Fig. 1). Element 8 of Nakai below is held to read on the plurality of substrate current collectors and the term protrusions in Nakai are applied to the claimed plurality of substrate current collectors as reasoned below.
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Claim Rejections - 35 USC § 102
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 1-6 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (U.S. Patent Application Publication No. 2005/0260489).
As to claim 1, Kim discloses a cylindrical secondary battery comprising:
a cylindrical can 20;
an electrode assembly 10 accommodated in the can and formed by stacking a first electrode plate 12, a separator 13, and a second electrode plate 11 and winding in a cylindrical shape, wherein a first electrode uncoated portion 12a of the first electrode plate 12 protruding at one end in a longitudinal direction and a second electrode uncoated portion 11a of the second electrode plate 11 protruding at another end in the longitudinal direction;
a cap assembly 30 coupled to one side of the can 20 in a state in which the electrode assembly 10 is accommodated in the can 20;
a first electrode current collector plate 50 which is located between the first electrode uncoated portion 12a and the can 20 and electrically connected to the first electrode un-coated portion 12a and the can 20, wherein the first electrode current collector plate comprises a plurality of substrate current collectors 52 that protrude in a direction away from a bottom surface of the can 20;
a second electrode current collector plate 40 which is located between the second electrode uncoated portion 11a and the cap assembly 30 and electrically connected to the second electrode uncoated portion 11a and the cap assembly 30, wherein the second electrode current collector plate 40 comprises a plurality of substrate current collectors 42 that protrude in a direction toward a bottom surface of the can 20, each substrate current collector 42 of the plurality of substrate current collectors comprising a flat lower welding surface;
a first auxiliary plate 70 which is located between the first electrode uncoated portion 12a and the first electrode current collector plate 50 and electrically connected to the first electrode uncoated portion 12a and the first electrode current collector plate 50; and
a second auxiliary plate 60 which is located between the second electrode uncoated 11a portion and the second electrode current collector plate 40 and electrically connected to the second electrode uncoated portion 11a and the second electrode current collector plate 40 (see Figs. 3a, 3b and annotated Fig. 4).
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As to claim 2, the first electrode current collector 50 and the second electrode current collector 40 have the same shape (circular), and are disposed to be symmetrical to each other (see Figs. 3a, 3b, and 4; paras. [0013], [0038], [0050]).
As to claim 3, the first auxiliary plate 70 and the second auxiliary plate 60 have the same size as the first electrode collector plate 50 and the second electrode collector plate 40 (Figs. 3a, 3b and 4; paras. [0013], [0038], [0050]).
As to claim 4, the first auxiliary plate 70 is formed of the same material as the first electrode current collector 50, and the second auxiliary plate 60 is formed of the same material as the second electrode current collector 40 (paras. [0014], [0038]).
As to claim 5, the first auxiliary plate and the second auxiliary plate are metal copper or aluminum and given the standard cell design of Kim would be understood to be thin films (further noting that the term thin is not explicitly defined in the claim).
As to claim 6, the auxiliary plates can be made of copper or aluminum (para. [0038]) and the first auxiliary plate 70, connected to the negative electrode 12 which employs copper as the collector material and the second auxiliary plate 60, connected to the positive electrode 11 which employs aluminum as the collector material would expectedly appreciate that the second auxiliary plate 60 is made of aluminum. Further a person of ordinary skill in the art would have recognized and appreciate copper for the negative (low-potential, high-stability) and aluminum as the positive (high-potential, corrosion resistance) as standard practice or default material designs in the art.
As to claim 8, each of the first electrode collector plate 50 and the second electrode collector plate 40 is welded to the first electrode uncoated portion 12a and the second electrode uncoated portion 11a, respectively, in a state in which the first auxiliary plate and the second auxiliary plate are disposed.
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.
Claims 1-6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Nakai et al. (JP2009-123440A) in view of Kim et al. (U.S. Patent Application Publication No. 2005/0260489).
As to claim 1, Nakai discloses a cylindrical secondary battery (Figs. 1-6, for example para. [0001]) comprising:
A cylindrical can 10; an electrode assembly (electrode group 6) accommodated in the can 10 and formed by stacking a first electrode plate 4, a separator 5, and a second electrode plate 2 and winding in a cylindrical shape (Figs. 1-4), wherein a first electrode uncoated portion 3 of the first electrode plate 4 protruding at one end in the longitudinal direction (Figs. 1, 3 and 4) and a second electrode uncoated portion 1 of the second electrode plate 2 protruding at the other end thereof (Figs. 1, 2 and 4):
a cap assembly coupled to one side of the can 10 in a state in which the electrode assembly 6 is accommodated in the can 10;
a first electrode current collector plate 7 which is located between the first electrode uncoated portion 3 and the can 10 and electrically connected to the first electrode uncoated portion 3 and the can 10;
a second electrode current collector plate 7 which is located between the second electrode uncoated portion 1 and the cap assembly and electrically connected to the second electrode uncoated portion and the can;
a first auxiliary plate 18 which is located between the first electrode uncoated portion 3 and the first electrode current collector plate 7 and electrically connected to the first electrode uncoated portion 3 and the first electrode current collector plate 7;
and a second auxiliary plate 18 which is located between the second electrode uncoated portion 1 and the second electrode current collector plate 7 and electrically connected to the second electrode uncoated portion 1 and the second electrode current collector plate 7 (Figs. 1-6).
See para. [0018] where Nakai teaches “As shown in FIG. 5 , a foil or plate 18 (foil or plate 18) having a predetermined thickness and made of the same material as the foil-shaped current collector (aluminum on the positive electrode side and copper on the negative electrode side) was placed on each end face of the electrode group 6, and a current collecting disk 7.”
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As to the first electrode current collector plate electrically connected to the can, the first electrode current collector plate comprising plurality of substrate current collectors that protrude in a direction away from the bottom and the second electrode current collector plate, electrically connected to the cap assembly, comprises a plurality of substrate current collectors that protrude in a direction toward a bottom surface of the can, each substrate current collector of the plurality of substrate current collectors comprising a flat lower welding surface, such a design is held to be obvious over the secondary teachings of Kim as reasoned below.
Note, the specification teaches at para. [0023] that
Spatially relative terms, such as “beneath,” “below,” “lower,” “above,” “upper,” and the like, may be used herein for ease of description to describe one element or feature's relationship to another element(s) or feature(s) as illustrated in the figures. It will be understood that the spatially relative terms are intended to encompass different orientations of the device in use or operation in addition to the orientation depicted in the figures. For example, if the element or feature in the figures is turned over, elements described as “below” or “beneath” other elements or features would then be oriented “on” or “above” the other elements or features. Thus, the exemplary term “below” can encompass both an orientation of above and below.
Kim, is drawn to the same field of endeavor, cylindrical cell battery designs and electrical component configurations wherein, it was well known in the art to design current collector plates whereby the first electrode current collector plate (lower) comprises a plurality of substrate current collectors that protrude upward towards the electrode assembly and thus in a direction away from the can. Kim also teaches that the same current collector design can be provided for the second electrode current collector (upper) where the collector plate further includes each substrate current collector 42 comprising a flat lower welding surface (Figs. 3a, 3b and 4). The design was shown to have provided effective welding of the components while preventing fracture of the separator of the electrode during welding, thereby preventing a short circuit.
As shown below, Kim, similar to Nakai above, provides for a first electrode current collector and auxiliary plate and a second electrode current collector an auxiliary plate to be provided between the can and the electrode assembly and the cap and the electrode assembly, respectively. It would have been of routine skill in the art to modify the current collectors and auxiliary plates of Nakai to other conventionally known designs in the art including that of Kim. For example, as discussed above, Kim recognized that providing for a first electrode current collector and auxiliary plate and a second electrode current collector an auxiliary plate t between the can and the electrode assembly and the cap and the electrode assembly, respectively was shown to improve welding of the components while preventing fracture of the separator of the electrode during welding, thereby preventing a short circuit.
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Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the current collector plates of Nakai to have the design of Kim whereby the first (lower) current collector plate plurality of substrate current collectors protrudes away from the can to and whereby the second (upper) current collector plate plurality of substrate current collectors comprise a flat lower welding surface since the comprehensive design would have predictably provided effective welding of the components while preventing fracture of the separator of the electrode during welding, thereby preventing a short circuit.
As to claim 2, as shown in annotated modified Fig. 5 of Nakai below, each electrode current collector 7 has the same circular shape and as the collector plate 7 and auxiliary plate 18 feature of claim 5 is provided on each end of the electrode assembly 6, the current collector plates 7 on opposite ends of the assembly 6 would be disposed to be symmetrical to each other along the center axis of the assembly 6.
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As to claim 3, the first auxiliary plate 18 and the second auxiliary plate 18 of Nakai have the same circular shape and size as adjacent first and second current collector plates 7 (see annotated copy and arrangement of Fig. 5 below).
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As to claim 4, the first auxiliary plate 18 is formed of the same material as each adjacent current collector 7 (see para. [0018]) as Nakai teaches “As shown in FIG. 5 , a foil or plate 18 (foil or plate 18) having a predetermined thickness and made of the same material as the foil-shaped current collector (aluminum on the positive electrode side and copper on the negative electrode side) was placed on each end face of the electrode group 6, and a current collecting disk 7.”
As to claim 5, the first and second auxiliary plates 18 of Nakai are a metal foil or metal thin film (see para. [0018] for example).
As to claim 6, Nakai teaches that the first auxiliary plate 18 on the negative side is formed of copper and the second auxiliary plate 18 on the positive side is formed of aluminum (see para. [0018], for example).
As to claim 8, Nakai teaches each electrode collector plate 7 is welded to corresponding first electrode uncoated portion 3 of the first electrode plate 4 and second electrode uncoated portion 1 of the second electrode plate 2 (Figs. 1-5, paras. [0009], [0010], [0012] for example).
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 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (U.S. Patent Application Publication No. 2005/0260489) in view of Nakai et al. (JP 2009-123440A) as applied to claim 5 above.
Kim does not teach of the specific plate thickness of the first auxiliary plate having a thickness of 8+1 mm with the second auxiliary plate having a thickness of 12+1 mm.
Nakai, is drawn to the same field of endeavor directed to cylindrical battery designs and corresponding electrical and mechanical coupling of elements therein. Nakai further teaches of remarkably similar thicknesses in at least certain examples. See para. [0029] wherein Nakai teaches that auxiliary plate 18 on the positive electrode side (applied to the second auxiliary plate of the claims) has a thickness of 8mm and auxiliary plate 18 on the negative electrode side (applied to the first auxiliary plate of the claims) has a thickness of 8mm. Thus the first auxiliary plate thickness 8mm taught by Nakai falls in the range of claim 7, while the second auxiliary plate thickness is held to be a minor difference (8mm in Nakai is only 3-5mm difference from the thickness of claim 7). Similarly, see para. [0030] wherein Nakai teaches that auxiliary plate 18 on the positive electrode side (applied to the second auxiliary plate of the claims) has a thickness of 10mm and auxiliary plate 18 on the negative electrode side (applied to the first auxiliary plate of the claims) has a thickness of 10mm. Thus the second auxiliary plate thickness of 10mm taught by Nakai falls in the range of claim 7, while the first auxiliary plate thickness of 10mm is held to be a minor difference (10mm in Nakai is only 1-3mm difference from the thickness of the first auxiliary plate of claim 7).
In both examples 1 and 2 of Nakai the thickness of one plate falls expressly in the range of one plate thickness of claim 7 while the other plate thickness is only nominally different from the range of the other plate thickness of claim 7. In general, Nakai teaches and recognized that auxiliary plate thicknesses were on the same order thickness as that of the instant invention with sufficient specificity. Generally, differences in ranges will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such ranges is critical. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969).
Both Kim and Nakai are drawn to the same general cylindrical cell designs, whereby battery cells of similar designs were conventionally recognized in the art to have similar dimensions, designs as to standardizations associated with conventional cells (e.g., 18650 a highly conventional standard size for cylindrical cells). A person of ordinary skill in the art would have selected component shapes and thicknesses in relation to the cell design to correspond to conventional cell standard sizes for commercial use.
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the thickness of Kim to be about 8-10 mm as taught by Nakai since it would have provided substantially similar and equivalent thicknesses on the same order as Nakai’s examples for standard cylindrical cell size and types with a reasonable expectation that minor differences in thicknesses would have achieved the same battery design. It has been held that when the difference between a claimed invention and the prior art is the range or value of a particular variable, then a prima facie rejection is properly established when the difference in the range or value is minor. Titanium Metals Corp. of Am. v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919, F.2d 1575, 16 USPQ 2d 1934 (Fed. Cir. 1990).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Nakai et al. (JP 2009-123440A) as evidenced by Nakai et al. (U.S. Patent Application Publication No. 2008/0292961; hereafter referred to as Nakai ‘961) in view of Kim et al. (U.S. Patent Application Publication No. 2005/0260489) as applied to claim 5 above.
Nakai does not teach of the specific plate thickness of the first auxiliary plate having a thickness of 8+1 mm with the second auxiliary plate having a thickness of 12+1 mm.
Nakai does teach of remarkably similar thicknesses in at least certain examples. See para. [0029] wherein Nakai teaches that auxiliary plate 18 on the positive electrode side (applied to the second auxiliary plate of the claims) has a thickness of 8mm and auxiliary plate 18 on the negative electrode side (applied to the first auxiliary plate of the claims) has a thickness of 8mm. Thus the first auxiliary plate thickness 8mm taught by Nakai falls in the range of claim 7, while the second auxiliary plate thickness is held to be a minor difference (8mm in Nakai is only 3-5mm difference from the thickness of claim 7). Similarly, see para. [0030] wherein Nakai teaches that auxiliary plate 18 on the positive electrode side (applied to the second auxiliary plate of the claims) has a thickness of 10mm and auxiliary plate 18 on the negative electrode side (applied to the first auxiliary plate of the claims) has a thickness of 10mm. Thus the second auxiliary plate thickness of 10mm taught by Nakai falls in the range of claim 7, while the first auxiliary plate thickness of 10mm is held to be a minor difference (10mm in Nakai is only 1-3mm difference from the thickness of the first auxiliary plate of claim 7).
In both examples 1 and 2 of Nakai the thickness of one plate falls expressly in the range of one plate thickness of claim 7 while the other plate thickness is only nominally different from the range of the other plate thickness of claim 7. Generally, differences in ranges will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such ranges is critical. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969).
Therefore it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the thickness to be about 8-10 mm as taught by Nakai since it would have provided substantially similar and equivalent thicknesses on the same order as Nakai’s examples with a reasonable expectation that minor differences in thicknesses would have achieved the same battery design. It has been held that when the difference between a claimed invention and the prior art is the range or value of a particular variable, then a prima facie rejection is properly established when the difference in the range or value is minor. Titanium Metals Corp. of Am. v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919, F.2d 1575, 16 USPQ 2d 1934 (Fed. Cir. 1990).
Response to Arguments
Applicant's arguments filed May 4, 2026 have been fully considered but they are not persuasive.
Applicant argues that Nakai does not teach of the second current collector plate (connected to the cap assembly) comprising a plurality of substrate current collectors, each substrate current collector comprising a flat lower welding surface.
This argument is moot in light of the new grounds of rejection to Nakai further in view of Kim, wherein Kim is shown to teach that the current collector and substrate current collector designs of claim 1, including the second current collector plate (connected to the cap assembly) comprising a plurality of substrate current collectors, each substrate current collector comprising a flat lower welding surface, was known in the art.
In addition, modifying the design of the current collector and substrate current collectors of Nakai to that of Kim would have provided effective welding of the components while preventing fracture of the separator of the electrode during welding, thereby preventing a short circuit.
Applicant’s arguments with respect to claims 1-8 have been considered but are moot with respect to the additional new grounds of rejection to Kim et al. above which does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/GREGG CANTELMO/Primary Examiner, Art Unit 1725
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