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 .
Information Disclosure Statement
1. The information disclosure statement (IDS) submitted on 05/20/2026 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Response to Amendment
2. Applicant’s amendments with respect to claims filed on 07/22/2026 have been entered. Claims 1-13 remain pending in this application and are currently under consideration for patentability under 37 CFR 1.104. Claims 2 and 11 have been withdrawn from consideration.
The amendments and remarks filed are sufficient to cure the previous 35 U.S.C. 112 Rejections set forth in the Non-Final office action mailed on 04/22/2026.
Claim Rejections - 35 USC § 102
3. 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.
4. Claim(s) 1 and 10 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (Pub. No. KR 20150040502 A).
Regarding claim 1, Lee teaches an electrode assembly (electrode assembly, full structure in Fig. 1, see [0032]) comprising: a positive electrode plate (cathode, see “+” marked portion in Fig. 1, see [0042]) including a positive electrode active material (positive electrode active material, see [0057] where the positive electrode layer includes a positive electrode active material) on a collector (current collector, see [0057]); a negative electrode plate (anode, see “–“ marked portion in Fig. 1, see [0042]) including a negative electrode active material (negative electrode active material, see [0060]) on a collector (current collector, see [0060]); a separator (15, Fig. 1, see [0042]) interposed between the positive electrode plate (cathode, see + marked portion in Fig. 1, see [0042]) and the negative electrode plate (anode, see “–“ marked portion in Fig. 1, see [0042]); and an electrode tab (20, Fig. 3, see [0046], where it says 20 is the positive electrode tab, although it is said to be connected to the anode, this appears to be a mistranslation) connected to the positive electrode plate (cathode, see “+” marked portion in Fig. 1, see [0042]) and an electrode tab (30, Fig. 3, see [0046]) connected to the negative electrode plate (anode, see “–“ marked portion in Fig. 1, see [0042]), each electrode tab (20/30, Fig. 3, see [0046]) having a plurality of metal plates (20a/20b and 30a/30b, see Fig. 4, see [0051]), wherein the positive electrode plate (cathode, see “+” marked portion in Fig. 1, see [0042]), and the negative electrode plate (anode, see “–“ marked portion in Fig. 1, see [0042]), and the separator (15, Fig. 1, see [0042]) are wound (winding, see Fig. 1 where the components are all wound together, see [0043]), and wherein a total number (20 metal plates, see Fig. 1 where there are 5 cell groups, each group has a 20 and 30, each 20 and 30 has two metal plates, therefore 5*2*2 = 20) of the plurality of metal plates (20a/20b and 30a/30b, see Fig. 4, see [0051]) is greater than a total number (10 tabs, see Fig. 1 where there are 5 cell groups, each group has a 20 and 30, 5*2 = 10) of electrode tabs (20/30, Fig. 3, see [0046]) for the electrode assembly (electrode assembly, full structure in Fig. 1, see [0032]).
Regarding claim 10, Lee teaches an electrode tab (30, Fig. 4, see [0046]) connected to a positive electrode plate or a negative electrode plate (negative electrode, see [0046]) of a wound electrode assembly (electrode assembly, full structure in Fig. 1, see [0032]), the electrode tab (30, Fig. 4, see [0046]) comprising a plurality of metal plates that are stacked on each other (30a/30b, see Fig. 4, see [0051]).
Claim Rejections - 35 USC § 103
5. 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.
6. Claim(s) 1, 3-7, and 9-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ryu et al. (Pub. No. US 20100028770 A1) in view of Lee (Pub. No. KR 20150040502 A).
Regarding claim 1, Ryu teaches an electrode assembly (10, Fig. 1, see [0006], the examiner would like to note the embodiment of Fig. 1 and 2 is not the preferred embodiment, however it has been held that prior art is relevant to all they contain as described in MPEP 2123) comprising: a positive electrode plate (20, Fig. 1, see [0006]) including a positive electrode active material (22, Fig. 1, see [0006]) on a collector (21, Fig. 1, see [0006]); a negative electrode plate (30, Fig. 1, see [0006]) including a negative electrode active material (32, Fig. 1, see [0006]) on a collector (31, Fig. 1, see [0006]); a separator (70, Fig. 1, see [0006]) interposed between the positive electrode plate (20, Fig. 1, see [0006]) and the negative electrode plate (30, Fig. 1, see [0006] where 70 is interposed between each of 20 and 30); and an electrode tab (electrode tab, Fig. 2 below, see [0008] where each of the tabs are overlapped and brough into tight contact with the electrode lead and each other, it is the Examiner’s position this overlapping of individual tabs acts as a single tab) connected to the positive electrode plate (20, see Fig. 1 where the electrode tab is connected to each 20) and an electrode tab (electrode tab, Fig. 2 below, see [0007] where the plurality of tabs for anodes and cathodes are joined in separate joint portions, therefore Fig. 2 below will be used to teach both the electrode tabs connected to the anodes or cathodes) connected to the negative electrode plate (30, Fig. 1, see [0006], see [0007] where the overlapping tabs in Fig. 2 below are representative of both the connected to anode and cathode), each electrode tab (electrode tab, Fig. 2 below, see above this tab represents both tabs) having a plurality of metal plates (60 and plates circled by A, Fig. 2 below, see [0060], note again this tab in Fig. 2 below represent both plurality of metal plates for both electrode tabs), wherein a total number (14, see Fig. 2 below where there are 7 plates, there are two electrode tabs, therefore 7*2 = 14) of the plurality of metal plates (60 and plates circled by A, Fig. 2 below, see [0060], note again this tab in Fig. 2 below represent both plurality of metal plates for both electrode tabs) is greater than a total number (2, see Fig. 2 below and see note above this tab is the tab attached to both the anode and cathode therefore there are two electrode tabs) of electrode tabs (electrode tab, Fig. 2 below, see [0008] where each of the tabs are overlapped and brough into tight contact with the electrode lead and each other, it is the Examiner’s position this overlapping of individual tabs acts as a single tab) for the electrode assembly (10, Fig. 1, see [0006], the examiner would like to note the embodiment of Fig. 1 and 2 is not the preferred embodiment, however it has been held that prior art is relevant to all they contain as described in MPEP 2123), but fails to teach wherein the positive electrode plate, and the negative electrode plate, and the separator are wound.
However, Lee teaches wherein the positive electrode plate (cathode, see “+” marked portion in Fig. 1, see [0042]), and the negative electrode plate (anode, see “–“ marked portion in Fig. 1, see [0042]), and the separator (15, Fig. 1, see [0042]) are wound (winding, see Fig. 1 where the components are all wound together, see [0043]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Ryu to such that the positive electrode plates 20, negative electrode plates 30, and the separators 70 are wound as taught by Lee to compensate for the drawbacks of a jelly roll or stacked electrode assembly (see [0008] of Lee, see drawbacks described in [006-007]). Further Ryu teaches that modifications can be made (see [0042] of Ryu).
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Regarding claim 3, Ryu in view of Lee in view of Lee teaches wherein at least two metal plates (individual plates circled by A and 60, Fig. 2 above) of the plurality of metal plates (60 and plates circled by A, Fig. 2 above) has a different length (see Fig. 2 above each plate has a different length), and wherein a first end (first end, Fig. 2 above) of each of the electrode tabs (electrode tab, Fig. 2 above, see above this tab represents both tabs) has a thickness greater (see Fig. 2 above where the thickness of first end is thicker than second end) than that of a second end (second end, Fig. 2 above) of each of the electrode tabs (electrode tab, Fig. 2 above, see above this tab represents both tabs).
Regarding claim 4, Ryu in view of Lee teaches wherein each of the plurality of metal plates (60 and plates circled by A, Fig. 2 above) comprises: a first metal plate (60, Fig. 2 below, see [0007]) having a length (L.sub.2, Fig. 2 below); and a second metal plate (2nd plate, Fig. 2 below) stacked on the first metal plate (60, Fig. 2 below, see [0007], see Fig. 2 below each of the plates including the 2nd plate are stacked on top of 60), the second metal plate (2nd plate, Fig. 2 below) having a length (length 2nd plate, see Fig. 2 below) less than the length (L.sub.2, Fig. 2 below) of the first metal plate (60, Fig. 2 below, see [0007]).
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Regarding claim 5, Ryu in view of Lee teaches wherein the length (length 2nd plate, see Fig. 2 above) of the second metal plate (2nd plate, Fig. 2 above) is less than ½ of the length (L.sub.2, Fig. 2 above) of the first metal plate (60, Fig. 2 above, see [0007], see in Fig. 2 above the length of the 2nd plate is much less than half of L.sub.2).
Regarding claim 6, Ryu in view of Lee teaches wherein each of the plurality of metal plates (60 and plates circled by A, Fig. 2 above) further comprise a third metal plate (3rd plate, see Fig. 2 above) stacked on the second metal plate (2nd plate, Fig. 2 above where 3rd plate is stacked on top of 2nd plate), the third metal plate (3rd plate, see Fig. 2 above) having a length (see length of 3rd plate in Fig. 2 above) less than or equal to that the length (length 2nd plate, see Fig. 2 above) of the second metal plate (2nd plate, Fig. 2 above, see 3rd plate has a smaller length than 2nd plate). See 112 rejection above for interpretation.
Regarding claim 7, Ryu in view of Lee teaches wherein, for each of the electrode tabs (electrode tab, Fig. 2 above, see above this tab represents both tabs), the plurality of metal plates (60 and plates circled by A, Fig. 2 above) having the different lengths (see Fig. 2 above where each plate has a different length) are disposed so that ends of the metal plates (60 and plates circled by A, Fig. 2 above) match each other at the first end (first end, Fig. 2 above) of the electrode tab (electrode tab, Fig. 2 above, see above this tab represents both tabs, note the labelled 3rd plate is slightly angled up at the end, however the beginning of each plate of the plurality of plates is considered to begin parallel to the first end of 60 all the way up through the different plates).
Regarding claim 9, Ryu in view of Lee teaches wherein, the second end (second end, Fig. 2 above) of each of the electrode tabs (electrode tab, Fig. 2 above, see above this tab represents both tabs), which has a relatively thin thickness (see Fig. 2 above where the second end has a thin thickness compared to the first end), is connected to the positive electrode plate (20, Fig. 1, see [0006], since all components of the assembly 10 are connected together, the second end is therefore connected to the positive electrode plate 20) and the negative electrode plate (30, Fig. 1, see [0006], since all components of the assembly are connected together the second end is therefore connected to the negative electrode plate 30).
Regarding claim 10, Ryu teaches an electrode tab (electrode tab, Fig. 2 below, see [0008] where each of the tabs are overlapped and brough into tight contact with the electrode lead and each other, it is the Examiner’s position this overlapping of individual tabs acts as a single tab) connected to a positive electrode plate (20, see Fig. 1 where the electrode tab is connected to each 20) or a negative electrode plate (30, Fig. 1, see [0006], see [0007] where the overlapping tabs in Fig. 2 below are representative of both the connected to anode and cathode) the electrode tab (electrode tab, Fig. 2 below, see [0008] where each of the tabs are overlapped and brough into tight contact with the electrode lead and each other, it is the Examiner’s position this overlapping of individual tabs acts as a single tab) comprising a plurality of metal plates (60 and plates circled by A, Fig. 2 below, see [0007]) that are stacked on each other (see Fig. 2 below where the plurality of plates are stacked on top of each other), but fails to teach wherein the positive electrode plate or the negative electrode plate are of a wound electrode assembly.
However, Lee teaches wherein the positive electrode plate (cathode, see “+” marked portion in Fig. 1, see [0042]), and the negative electrode plate (anode, see “–“ marked portion in Fig. 1, see [0042]), and the separator (15, Fig. 1, see [0042]) are wound (winding, see Fig. 1 where the components are all wound together, see [0043]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Ryu to such that the positive electrode plates 20, negative electrode plates 30, and the separators 70 are wound as taught by Lee to compensate for the drawbacks of a jelly roll or stacked electrode assembly (see [0008] of Lee, see drawbacks described in [006-007]). Further Ryu teaches that modifications can be made (see [0042] of Ryu).
Therefore, Ryu in view of Lee teaches wherein the positive electrode plate (20, see Fig. 1 where the electrode tab is connected to each 20) or the negative electrode plate (30, Fig. 1, see [0006], see [0007] where the overlapping tabs in Fig. 2 below are representative of both the connected to anode and cathode) are of a wound electrode assembly (see modifications above where the electrode assembly is wound).
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Regarding claim 12, Ryu in view of Lee teaches wherein each metal plate (60 and each plate circled in A, Fig. 2 above) of the plurality of metal plates (60 and plates circled by A, Fig. 2 below, see [0007]) has a different length (see Fig. 2 above where 60 and each plate has a different length), and wherein a thickness (see Fig. 2 above where the thickness of first end is thicker than second end) of the electrode tab (electrode tab, Fig. 2 above, see above this tab represents both tabs) at a first side (first side, Fig. 2 above) of the electrode tab (electrode tab, Fig. 2 above, see above this tab represents both tabs) is greater than a thickness (see Fig. 2 above where the thickness of first end is thicker than second end) of the electrode tab (electrode tab, Fig. 2 above, see above this tab represents both tabs) at a second side (second end, Fig. 2 above) of the electrode tab (electrode tab, Fig. 2 above, see above this tab represents both tabs).
7. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ryu et al. (Pub. No. US 20100028770 A1) in view of Lee (Pub. No. KR 20150040502 A) as applied to claim 1 above, and further in view of Urano et al. (Pub. No. US 20060073382 A1).
Regarding claim 13, Ryu in view of Lee teaches the electrode assembly (10, Fig. 1, see [0006] the examiner would like to note the embodiment of Fig. 1 and 2 is not the preferred embodiment, however it has been held that prior art is relevant to all they contain as described in MPEP 2123) of claim 1 (see rejection of claim 1 above), but fails to teach a secondary battery comprising: the electrode assembly of claim 1; a battery case configured to accommodate the electrode assembly therein; and a cap assembly coupled to an upper portion of the battery case.
However, Urano teaches a secondary battery (sealed prismatic battery, Fig. 3, see [0035] where the prismatic battery is a lithium ion secondary battery) comprising: an electrode assembly (electrode body 2, Fig. 3, see [0035]); a battery case (1, Fig. 3, see [0035]) configured to accommodate the electrode assembly (electrode body 2, Fig. 3, see [0035]) therein (see 2 is contained in 1 in Fig. 3); and a cap assembly (lid 3, Fig. 3, see [0035]) coupled to an upper portion (upper surface of can 1, see [0035], see [0037] where the lid 3 is welded to 1) of the battery case (1, Fig. 3, see [0035]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Ryu in view of Lee such that the electrode assembly 10 as taught by Ryu in view of Lee is contained in the battery case 1 with a lid 3 coupled to the opening of the battery case 1 to form a sealed prismatic battery as taught by Urano to prevent the current collector lead from being short-circuited with the lid of the sidewall of the battery can (see [0007] of Urano). Further Ryu in view of Lee teaches that modifications can be made (see [0042] of Ryu).
8. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (Pub. No. US 20210159573 A1).
Regarding claim 8, Kim teaches an electrode assembly (100, Fig. 2, see [0037]) comprising: a positive electrode plate (120, Fig. 2, see [0037]) including a positive electrode active material (positive active material, see [0006] where the positive electrode is coated with active material, see Fig. 1 shows 120 is a base layer coated) on a collector (base material which is coated in active material, see [0006] where the positive electrode is coated with active material, see Fig. 1 where 120 includes a base material coated); a negative electrode plate (110, Fig. 2, see [0037]) including a negative electrode active material (negative active material, see [0006] where the negative electrode is coated with active material, see Fig. 1 shows 110 is a base layer coated) on a collector (base material which is coated in active material, see [0006] where the negative electrode is coated with active material, see Fig. 1 where 110 includes a base material coated); a separator (130, Fig. 2, see [0037]) interposed between the positive electrode plate (120, Fig. 2, see [0037]) and the negative electrode plate (110, Fig. 2, see [0037], see Fig. 1/2 where 130 is between 110 and 120); and an electrode tab (160, Fig. 2, see [0038]) connected to the positive electrode plate (120, Fig. 2, see [0037]) and an electrode tab (140/145, Fig. 2, see [0039]) connected to the negative electrode plate (110, Fig. 2, see [0037]), the electrode tab (140/145, Fig. 2, see [0039]) connected to the negative electrode plate (110, Fig. 2, see [0037]) having a plurality of metal plates (140 and 145, see [0039] where 140 and 145 are each a metal plate), wherein at least two metal plates (140 and 145, see [0039] where 140 and 145 are each a metal plate) of the plurality of metal plates (140 and 145, see [0039] where 140 and 145 are each a metal plate) has a different length (see Fig. 2 where 140 and 145 have different lengths), wherein a first end (end directly connected to the 110 where 140 and 145 overlap, Fig. 2) of the electrode tab (140/145, Fig. 2, see [0039]) connected to the negative electrode plate (110, Fig. 2, see [0037]) has a thickness greater (see Fig. 2 where 140 and 145 overlap and therefore have a greater thickness than the opposite end where the portions do not overlap) than that of a second end (end of 140 not overlapped by 145, Fig. 2) of the electrode tab (140/145, Fig. 2, see [0039]) connected to the negative electrode plate (110, Fig. 2, see [0037]), and wherein the first end (end directly connected to the 110 where 140 and 145 overlap, Fig. 2) of the electrode tab (140/145, Fig. 2, see [0039]) connected to the negative electrode plate (110, Fig. 2, see [0037]) which has a relatively thick thickness (end directly connected to the 110 where 140 and 145 overlap, Fig. 2), is stacked on the collector (base material which is coated in active material, see [0006] where the negative electrode is coated with active material, see Fig. 1 where 110 includes a base material coated) of the negative electrode plate (110, Fig. 2, see [0037], see Fig. 1 where 140/145 overlap on the uncoated portion of the negative electrode plate 110). But fails to teach in the present embodiment wherein the electrode tab connected to the positive electrode plate having a plurality of metal plates, wherein at least two metal plates of the plurality of metal plates has a different length, wherein a first end of the electrode tab connected to the positive electrode plate has a thickness greater than that of a second end of each of the electrode tab connected to the positive electrode plate, and wherein the first end of the electrode tab connected to the positive electrode plate which has a relatively thick thickness, is stacked on the collector of the positive electrode plate.
However, in a different embodiment Kim teaches wherein the electrode tab (160/145, see [0044] where the positive electrode tab includes the same secondary metal layer 145 described for the negative electrode tab above, therefore it is expected to have the same structure of the tab described in Fig. 1 and 2 of the negative electrode) connected to the positive electrode plate (120, Fig. 2, see [0037]) having a plurality of metal plates (160 and 145, see [0044]), wherein at least two metal plates (160 and 145, see [0044]) of the plurality of metal plates (160 and 145, see [0044]) has a different length (see Fig. 2 where the same structure of the negative electrode tab the two metal plates have different lengths, therefore the same structure would be exhibited in the positive electrode tab), wherein a first end (end where 160 and 145 overlap, see [0044]) of the electrode tab (160/145, see [0044] where the positive electrode tab includes the same secondary metal layer 145 described for the negative electrode tab above, therefore it is expected to have the same structure of the tab described in Fig. 1 and 2 of the negative electrode) connected to the positive electrode plate (120, Fig. 2, see [0037]) has a thickness greater than that of a second end (end where 160 is not overlapped by 145, see [0044]) of each of the electrode tab (160/145, see [0044] where the positive electrode tab includes the same secondary metal layer 145 described for the negative electrode tab above, therefore it is expected to have the same structure of the tab described in Fig. 1 and 2 of the negative electrode) connected to the positive electrode plate (120, Fig. 2, see [0037]), and wherein the first end (end where 160 and 145 overlap, see [0044]) of the electrode tab (160/145, see [0044] where the positive electrode tab includes the same secondary metal layer 145 described for the negative electrode tab above, therefore it is expected to have the same structure of the tab described in Fig. 1 and 2 of the negative electrode) connected to the positive electrode plate (120, Fig. 2, see [0037]) which has a relatively thick thickness (end where 160 and 145 overlap, see [0044]), is stacked on the collector (base material which is coated in active material, see [0006] where the positive electrode is coated with active material, see Fig. 1 where 120 includes a base material coated) of the positive electrode plate (120, Fig. 2, see [0037], see Fig. 1 and 2 where the overlapped portion of the negative electrode is attached to the uncoated base material of the negative electrode, therefore the same structure is exhibited when applied to the positive electrode).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the embodiment of Kim to have the electrode tab connected to the positive electrode consist of 160 and 145 as taught by a different embodiment of Kim. Further, it has been held that combining two embodiments disclosed adjacent to each other in a prior art patent does not require a leap of inventiveness and involves only routine skill in the art. Further, Kim teaches that modifications can be made (see [0059] of Kim).
Response to Arguments
9. Applicant’s arguments with respect to claim(s) 1, 3-10, and 12-13 have been considered but are moot because the new ground of rejection does not rely on the same combination or interpretation of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
10. 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 DOUGLAS CALEB MARROQUIN whose telephone number is (571)272-0166. The examiner can normally be reached Monday - Friday 7:30-5:00 EST.
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/DOUGLAS C MARROQUIN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
