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 .
Election/Restrictions
Applicant's election with traverse of Group I (claims 1-6,12) in the reply filed on 01/21/2026 is acknowledged. The traversal is on the ground(s) that there is no search burden. This is not found persuasive because this application is a national stage filing of an internation application. Restriction in such application is based on lack of unity practice. See MPEP 1850.
Claims 7-11,13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected group, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 01/21/2026.
The requirement is still deemed proper and is therefore made FINAL.
Status of Application
Claims 1-6,12 are currently pending. Claims 1-6 are currently amended. Claim 12 is new.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-2, 12 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Chun (US20120009450A1).
Regarding claim 1, Chun discloses a cylindrical secondary battery (Fig 1, 2) comprising:
a jelly-roll type electrode assembly (electrode assembly 110 in Fig 2; [0049]);
a cylindrical case (case 120; [0046]); and
a positive electrode tab (positive electrode tab 135 b in Fig 2) and a negative electrode tab (negative electrode tab 136 b in Fig 2) which are coupled to the jelly-roll type electrode assembly [0041],
wherein the cylindrical secondary battery comprises a plurality of quadrants (see annotated Fig 2 below),
wherein the plurality of quadrants are defined by dividing a horizontal cross section perpendicular to a winding axis of the jelly-roll type electrode assembly into a plurality of sections, and
wherein in which the positive electrode tab (positive electrode tab 135 b in Fig 2) and the negative electrode tab (negative electrode tab 136 b in Fig 2) are positioned in a first quadrant of the plurality of quadrants.
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Regarding claim 2, Chun discloses the cylindrical secondary battery of claim 1, wherein
a first radial line from a winding core on the horizontal cross section of the jelly-roll type electrode assembly to the positive electrode tab (see the arrow extending from the core of the jelly-roll type electrode to positive electrode tab 135 b in the annotated Fig 2 below) and
a second radial line from the winding core to the negative electrode tab (see the arrow extending from the core of the jelly-roll type electrode to the negative electrode tab 136 b in the annotated Fig 2 below) are positioned in the first quadrant, and
wherein the first radial line and the second radial line are not collinear with each other (“collinear” interpreted as lying on or passing through the same straight line)
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Regarding claim 12, Chun discloses the cylindrical secondary battery of claim 1, wherein the plurality of quadrants comprises four quadrants (see annotated Fig 2 in claim 1 rejection).
Claim Rejections - 35 USC § 103
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chun (US20120009450A1, IDS cited 05/17/2023).
Regarding claim 3, Chun discloses the cylindrical secondary battery of claim 1, wherein
a first radial line from a winding core on the horizontal cross section of the jelly-roll type electrode assembly to the positive electrode tab (see the arrow extending from the core of the jelly-roll type electrode to positive electrode tab 135 b in the annotated Fig 2 above) and
a second radial line from the winding core to the negative electrode tab (see the arrow extending from the core of the jelly-roll type electrode to the negative electrode tab 136 b in the annotated Fig 2 above) are positioned in the first quadrant.
Since each quadrant has an angle of 90° and the two radial lines lie within the same quadrant as shown in the annotated Fig 2 above, a person having ordinary skill in the art would envisage an angle between the first radial line and the second radial line to be between 0° to 90°, which encompasses the claimed range of “15° to 80°”. A person having ordinary skill in the art would select the encompassed range of angle between the first radial line and the second radial line with a reasonable expectation to provide an electrode assembly having the positive electrode tab 135b and the negative electrode tab 136b attached on the uncoated regions of the current collector (as shown in Fig 2 [0041]).
Regarding claims 4-5, Chun discloses the cylindrical secondary battery of claim 1, wherein an average radius value is 7 mm to 10 mm [0056]. While Chun does not explicitly disclose wherein “the average radius value of each of the plurality of quadrants has a deviation of 1% or less when compared to another one of the plurality of quadrants” (claim 4) or “a first deviation between a first average radius value of the first quadrant and a second average radius value of a adjacent quadrant is 1% or less” (claim 5), it would have been obvious for a person having ordinary skill in the art to have controlled the average radii within the electrode assembly such that they have a deviation of 1% or less, with a reasonable expectation to provide an electrode assembly having a cylindrical shape ([0040, 0049]; Fig 4).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chun (US20120009450A1, IDS cited 05/17/2023), in view of Akou (US20100112434A1).
Regarding claim 6, Chun discloses the cylindrical secondary battery of claim 1 comprising a positive electrode tab 135 b and a negative electrode tab 136 b (see Fig 2). Chun does not disclose that the cylindrical secondary battery further comprises “an electrode lead electrically connected to the positive electrode tab or the negative electrode tab by binding or welding”.
In this regard, Akou teaches a cylindrical secondary battery having tab parts 15 and 16 (see Fig 3; [Akou 0094] bound to a positive current collector lead 10 [Akou 0094] to electrically connect the current collector and the sealing cover 38 [Akou 0097]. Thus, it would have been obvious for a person having ordinary skill in the art to have added an electrode lead connected to the positive electrode tab of Chun, with a reasonable expectation to electrically connect the positive electrode current collector to the cap assembly of Chun.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAEYOUNG SON whose telephone number is (703)756-1427. The examiner can normally be reached M-F 8-5pm.
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/T.S./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 2/18/2026