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 .
Examiner’s Comments
The examiner has cited particular columns and line numbers, paragraphs, or figures in the references as applied to the claims for the convenience of the applicant. Although the specified citations are representative of the teachings in the art and are applied to the specific limitations within the individual claim, other passages and figures may apply as well. It is respectfully requested from the applicant, in preparing the responses, to fully consider the references in entirety as potentially teaching all or part of the claimed invention, as well as the context of the passage as taught by the prior art or disclosed by the examiner.
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.
Claims 1-7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Maeda et al. (US 2017/0309886)
Regarding claim 1, Maeda discloses a battery comprising an exterior unit inside which an interior cavity is formed (Fig. 1-2), an electrode group (20c,d) including a positive electrode ([0046], [0056]) and negative electrode ([0048], [0056]), and being housed in the interior cavity of the exterior unit (Fig. 1-3), an electrode terminal (30, 40) attached to the exterior unit in such a manner as to be exposed to outside of the exterior unit (Fig. 1-3), a plurality of tab bundles (please see annotated Maeda Fig. 3),
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Annotation of Maeda Fig. 3
each of which includes a plurality of current collecting tabs (21d,e and 22d,e), in each of which the current collecting tab are stacked in a thickness direction of the electrode group (Fig. 3 and 6), wherein the tab bundles demonstrate a same polarity and protrude from the electrode group to the same side in a length direction of the electrode group intersecting the thickness direction of the electrode group (please see annotated Maeda Fig. 3), a lead (combination of connection portions 52-53 and 62-63, Fig. 3, [0060]) to which the tab bundles are respectively bonded, the lead being configured to establish an electric connection between the respective tab bundles and the electrode terminal in the interior cavity (Fig. 3 and 7), wherein the tab bundles are bonded to the lead at positions deviated from one another in the thickness direction of the electrode group, and each of the tab bundles is mounted on the lead on the same side in the thickness direction of the electrode group (combination of Fig 5-7).
Regarding claims 2-4, Maeda discloses connection portions, bonding portions, bonding plates, and bridge plate as claimed (see annotated Maeda Fig. 3 and 7).
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Annotation of Maeda Fig. 3 and 7
Regarding claim 5, Maeda discloses the electrode terminal (30, 40) is connected to the bridge plate of the lead (Fig. 3, [0040], [0062]).
Regarding claim 6, Maeda discloses the exterior unit includes an exterior container including a bottom wall and a peripheral wall, the interior cavity having an opening opened to a side opposite a side of the bottom wall (Fig. 2), a lid member (12) attached to the peripheral wall of the exterior container in such a manner as to close the opening of the interior cavity (Fig. 1-2), the electrode terminal (30, 40) being attached to an outer surface of the lid member in such a manner as to be exposed to outside (Fig. 2), and each of the tab bundles protrudes from the electrode group toward the lid member (Fig. 2).
Regarding claim 7, Maeda discloses the tab bundles are positive (or negative) electrode tab bundles respectively connected to the positive (or negative) electrode of the electrode group, and the respective positive (or negative) electrode tab bundles are electrically connected to a positive (or negative) electrode terminal, which serves as the electrode terminal, via a positive (or negative) electrode-side lead, which serves as the lead ([0045-0049], Fig. 3).
Response to Arguments
Applicant’s arguments, filed 10/6/25, with respect to claims 1-7 have been fully considered and are persuasive. The double patent rejection of claims 1-7 has been withdrawn.
Applicant's arguments filed 10/6/25 have been fully considered but they are not persuasive with regards to Maeda.
Applicant argues that Maeda fails to disclose:
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This is because applicant stated:
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However, this has been found unpersuasive. Regarding to the limitation of the tab bundles is mounted on the lead on a same “side” in the thickness direction of the electrode, the limitation "side" in the claims, the Examiner has given the term(s) the broadest reasonable interpretation(s) consistent with the written description in Applicants' by one of ordinary skill in the art. In re Morris, 127 F.3d 1048, 1054-55, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997); In re Donaldson Co., Inc., 16 F.3d 1190, 1192-95, 29 USPQ2d 1845, 1848-50 (Fed. Cir. 1994). See MPEP 2111.
While applicant relied upon Figure 4 of the instant specification to illustrate the claimed invention of “same side”, Figure 4 of the instant specification is not reflective of the broadly claimed 1.
Maeda discloses
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Given that Maeda discloses that the lead is mounted and bonded on both/(same) the innermost interior facing side of the tab bundles, the examiner contends that Maeda discloses each of the tab bundles is mounted on the lead on a same “side” in the thickness direction of the electrode group. The innermost interior facing sides of the tab bundles in Maeda would corresponds to the claim “side”, wherein Maeda’s innermost interior facing sides is both bonded to a lead, thereby would read upon the claimed “same”.
Further, in response to applicant argument that the references fail to show certain features of applicant's invention, it is noted that the features upon which applicant relies (i.e., the specific order of arrangement in Fig. 4: tab bundle, bonding plate, tab bundle, bonding plate, which depicts bonding plate is on the “right” side of the tab bundle; the “right” side is strictly in the viewpoint of Fig. 4 of the instant specification) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
For the reasons set forth above, the examiner maintains that Maeda reads upon the claimed invention.
Conclusion
THIS ACTION IS MADE FINAL. 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 LINDA N CHAU whose telephone number is (571)270-5835. The examiner can normally be reached 9AM-5PM EST M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Ruthkosky can be reached at (571)272-1291. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Linda Chau
/L.N.C/ Examiner, Art Unit 1785
/Holly Rickman/ Primary Examiner, Art Unit 1785