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 .
DETAILED ACTION
This Office action regarding Application No. 18/176,518 to Wakimoto, assigned to Prime Planet Energy & Solutions, Inc., Tokyo, Japan, filed 03/01/2023, and published as U.S. PG Publication 2023/0291083A1 on 09/14/2023, is in response to applicant’s request for continued examination, RCE, filed 07/01/2026. Applicant’s response is fully considered.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 07/01/2026 has been entered.
Status of the Claims
In the request for continued examination, RCE, filed 07/01/2026 applicant has amended the claims of the application, and has also added new claims. Claim 1 is amended by incorporation of limitations in claim 4 and 6 of the second insulating member, and a new limitation “the upper protruding part and the sealing plate face each other without sandwiching the first insulating member and the first electrical collector member.” Claim 4 and 6 are canceled. Dependences of claim 5, 7, 10 are changed from claim 4 to claim 1. New dependent claims 17-20, and independent claim 21 are added.
The status of the claims stand as follows:
Currently 1, 5, 7, 10
Previously presented 2-3, 12-16
Cancelled 4, 6
Original 8-9, 11
New 17-21
Claims 1-3, 5, 7-21 are currently pending in this application. All the claims are under full consideration.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 09/01/2026 has been placed in the application file and the information referred to therein has been considered by the examiner. A duly initialed and signed copy is attached herewith. Accordingly, information disclosure statement(s) is/are being considered if signed and initialed by Examiner.
Withdrawal of Claim Rejections -35 USC § 102
The rejection of Claims 1, 3, 14 rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirose et al. (U.S. PG Publication 2018/0047971) has been overcome by the amendment of the claim 1, which now recites limitations from previous claim 4 and 6. Therefore, the rejection is hereby withdrawn.
Withdrawal of Claim Rejections -35 USC § 103
The rejection of claims Claim 4-7, 10, 11, 12 rejected under 35 U.S.C. 103 as being unpatentable over Hirose et al. (U.S. PG Publication 2018/0047971) in view of Urano et al. (U.S. PG Publication 2015/0295221) has also been withdrawn.
Claim Rejections – 35 USC § 103
The text of those sections of Title 35 U.S. Code not included I this section can be found in the prior Office Action.
Claim 1, 3, 5, 7, 10-12, 14, 17-21 are rejected under 35 U.S.C. 103 as being unpatentable over Hirose et al. (U.S. PG Publication, 2018/0047971; cited in IDS filed 10/16/2023) in view of Park et al. (U.S. PG Publication 2016/0099444)
Regarding Claim 1 and 21 Hirose discloses a battery comprising: a flat-shaped electrode assembly 12, equivalent to the electrode body (Hirose Fig. 6) the electrode assembly includes rectangular sheet-like positive electrode 13 and rectangular sheet-like negative electrodes 14 (Hirose Fig. 2, paragraph 0035), equivalent to electrode body in a flat shape, and which contains the first electrode and second electrode; and comprise a first electrode tab group connected to the first electrode (Hirose Fig. 6, paragraph 0036, 0037).
Hirose discloses the battery comprises a battery case 11a that comprises an outer package being configured to accommodate the electrode assembly, equivalent to the electrode body, and having an opening, and comprises a sealing plate 11b configured to seal the opening (Hirose Fig. 6).
The battery comprises a first electrical collector 52 connected to first electrode tab group 19, comprising a first area 52a that is arranged along a surface at a side of the electrode body of the sealing plate, and a first electrode terminal connected to the first electrode body (Hirose Fig. 6, paragraph 0077); and the sealing pate 11 has a though hole 11e (Hirose Fig. 6), equivalent to the penetration hole.
Hirose discloses the battery comprises a first insulator 30 arranged between first area 52a and sealing plate 11b (Hirose Fig. 6, paragraph 0065, 0066); the first insulating plate 30 has a through hole 30a (Hirose Fig. 6, paragraph 0065, 0066) equivalent to the penetration hole, and the first electrode terminal is inserted through the through-hole 30a in the first insulating member 30, and into the terminal taking out hole 11e in the sealing plate 11b (Hirose Fig. 6).
Hirose also discloses a second insulating member 40 arranged between first area 52a and electrode body 12; the second insulating member 40 connected to first insulating member 30 (Hirose Fig. 6, 10).
Hirose discloses the second insulating member 40 has a base part opposed to the first area 52a (Hirose Fig. 10), but is silent about a part extending towards the central part of the sealing plate recited in claim 1, 5 and 12, and an upper protruding part protrudes towards the sealing member.
Park discloses a rechargeable battery that includes an electrode assembly, a case accommodating the electrode assembly, a cap plate provided with terminal holes, a first insulating plate installed between the cap plate and the electrode assembly (Park paragraph 0012, 0013) and the battery may further include a second insulating plate located at an inner side of the cap plate (Park paragraph 0022), equivalent to the first insulating member; and the first insulating plate 20 of Park (i.e. towards the electrode assembly) (Park Fig. 2,6) is equivalent to the second insulating member. Park discloses the first insulating plate 20 (considered equivalent to the claimed second insulating member) has a terminal-corresponding portion 21 at the opposite lateral sides, a plate-corresponding portion 22 (towards its center portion) (Park Fig. 3, 6, paragraph 0083). The plate corresponding portion is considered equivalent to the extending area that extends from the base part along the sealing plate towards a central part of the plate. Park discloses the plate-corresponding portion 22 of the first insulating plate 20 is provided with second support protrusions 221 that protrude toward the cap plate 40 at opposite ends of the first insulating plate 20 in a width direction thereof (y-axis direction) (Park Fig. 6, paragraph 0103). This is equivalent to the extending part including an upper protruding part which protrudes towards the sealing plate. Park discloses the second support protrusions 221 support opposite ends of the wide sides 43 and 44 of the cap plate 40 (Park paragraph 0104).
Therefore, it would have been obvious to a person of ordinary skill in the art to have modified the second insulating member of Hirose by the forming of such an extending area and protruding part as disclosed by Parker such that it provides support for the opposite ends of the cap late. According to the MPEP such a modification is considered the use of known technique to improve similar devices (methods, or products) in the same way, (MPEP 2143 I C).
Regarding the limitations of the first insulating member recited in claim 21 that it has a protruding member Park discloses the first insulating plate 20, considered equivalent to the second insulating member, has protruding part 23 (Park Fig. 6), but is silent about a protruding part in the second insulating plate 60 (equivalent to the first insulating member). However, it would have been obvious to a person of ordinary skill in the art to have also modified the second insulating plate of Park (equivalent to the first insulating member) to also have a protruding part as the first insulating plate 20 to also support the cap plate 40 in the same way as does the second insulating plate 20 (Park 0104). According to the MPEP such a modification is considered the use of known technique to improve similar devices (methods, or products) in the same way, (MPEP 2143 I C).
Regarding claim 3 Park discloses the first insulating plate 20, considered equivalent to the second insulating member, has a protruding portion 221 and it is in close proximity to the cap plate 40 (Park paragraph 0103) considered equivalent to the sealing plate.
Regarding Claim 7 Park is silent about a cross sectional area sizes of the adjacent portions on the extending area of the first insulating plate (considered equivalent to the second insulating member. However, it would have been obvious to a person of ordinary skill in the art to have optimized through routine experimentation the cross section area size of the insulating plate for an optimum integration of the protrusion, equivalent to the extending area, with the current collector. According to the MPEP, "Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). (MPEP 2144.05 II A)
Regarding claim 10 it would have been obvious to have made similar protruding parts as disclosed by Park (Park Fig. 3, 6), equivalent to the extending area, on the surface side facing the electrode body for the same function of fixing the insulator to the current collector. According to the MPEP such a modification is considered the use of known technique to improve similar devices (methods, or products) in the same way, (MPEP 2143 I C).
Regarding claim 11 ParkHirose discloses the insulating member 40 corresponding to the central part (equivalent to the extending part) is made of resin (Hirose paragraph 0049) considered to be flexible.
Regarding claim 12 and 20 Park discloses the first insulating plate 20 (considered equivalent to the claimed second insulating member) has a terminal-corresponding portion 21 at the opposite lateral sides, a plate-corresponding portion 22 (towards its center portion) (Park Fig. 3, 6, paragraph 0083). The plate-corresponding portion 22 is located closer to the cap plate (Park Fig. 6, paragraph 0086), considered equivalent to the second insulating member is arranged in close proximity to the sealing plate. The first insulating plate of Park, equivalent to the claimed second insulating member, has a base part corresponding to the terminal-corresponding portion 21, and an extending area corresponding to the plate-corresponding portion 22 (Park Fig. 3, 6, paragraph 0083).
Regarding claim 14 Hirose discloses the first insulating member 30 and the second insulating member 40 are arranged inside the battery case (Hirose Fig. 6).
Regarding claim 17 Park discloses the support protrusions 221 protrudes from the plate-corresponding portion of the insulating plate 20 towards the cap plate 40 at opposite end of the insulating plate in a width direction (Park paragraph 0103) and the protrusions 221 are a single structure on both sides (Park Fig. 6). Thus, Park is silent about the upper protruding part are first upper protruding part and second protruding part that are mutually separated from each other along a long side direction of the sealing plate. However, it would have been obvious to a person of ordinary skill in the art to have made them into two separate parts instead of one long part since such a modification would be duplication of parts which has no patentable significance unless a new and unexpected result is provided. According to the MPEP mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04 VI B.
Regarding claim 18 the protruding parts sandwich through-holes 204, 205 (Park Fig. 6).
Regarding claim 19 Park is silent about the protruding part has a recessed part. Park, however, discloses the first insulating plate have hooks that are fastened to coupling holes (Park paragraph 0115). Therefore, it would have been obvious to a person of ordinary skill in the art to have also formed coupling holes, considered equivalent to the recessed part, to help and facilitate the fastening of the insulating member through such recessed port to adjacent elements. Such a modification according to the MPEP is the use of known technique to improve similar devices (methods, or products) in the same way, (MPEP 2143 I C).
Claim 2, 13, 15, 16 are rejected under 35 U.S.C. 103 as being unpatentable over Hirose et al. (U.S. PG Publication 2018/0047971) in view of Park et al. (U.S. PG Publication 2016/0099444) as applied to claim 1, and further in view of Bu et al. (U.S.PG Publication 2021/0408625)
The discussion of Hirose and Park ass applied to claim 1 is fully incorporated here and relied upon for the limitation of the claim in this section.
Regarding claim 2, 13, 15, 16 Hirose discloses the electrode body 12 comprises a second electrode stack (either of the positive tab stack 18 and negative tab stack 19), equivalent to the electrode tab group, that is connected to the second electrode (Hirose Fig. 1A, paragraph 0015, 0038) and the first electrode tab group is arranged at one end of the electrode body, and the second electrode tab group is arranged at another end of part of the electrode group (Hirose Fig. 4, 5, 6, 10; Fig. 10 show one end; and the second end on the back of the first end). The electrode assembly may be of a spiral-type having a long strip of positive electrode and a long strip of negative electrode wound around, with a separator located therebetween (Hirose paragraph 0106).
Hirose disclose a battery case (Hirose Fig. 1, 5, 6, paragraph 0008) having a rectangular case 11 comprising a bottom part facing the sealing plate 11b, a pair of first side walls extending from the bottom and being mutually opposite each other, and a pair of second side walls extending from the bottom part and being mutually opposite each other (Hirose Fig. 4, paragraph 0034), the pair of electrode tabs group are arranged at the opposite sides of the same wall surface (Hirose Fig. 1A, 3, 10). Hirose is silent about the first electrode tab group is folded and bent to be arranged along one of the pair of first side walls, and the second electrode tab is folded and bent to be arranged along another of the pair of first side walls as recited in claim 2, and the first electrode tab and the second electrode tab are on a first end part and a second end part of the electrode body in the winding axis as recited in claim 13. Hirose is also silent about the first electrical collector member include a first electrical collector part and a second electrical collector part, the first electrical collector part include a first area arranged on an inner surface of the sealing plate and a second area extending from the first area towards the bottom, and second electrical collector part connected to the second area and extends towards the bottom part, and the first electrode tab group is connected to the second electrical collector part as recited in claim 15 and 16.
Bu discloses a secondary battery including, the case including an opening; an electrode assembly 30 disposed within the case, and the case has a pair of first side walls, and pair of second side walls, and the first electrode tab is arranged at one side of the pair of first side walls, and the second electrode tabs are arranged at another side of the pair of first side walls (Bu Fig. 1); the electrode assembly including a main body 31 and two tabs 32, the two tabs extending outwards from two sides of the main body in an axial direction, respectively, and are opposite each other (Bu Fig. 1, paragraph 0005, 0048), the two tabs being both disposed facing the case by bending (Bu Fig. 1). Bu also discloses the first and second electrode have first electrode collector member and second electrode collector member, each having a first area and second area respectively, the second area 50 extending from the first area towards the bottom, and the first electrode tab group 32 is joined to the second electrical collector part (Bu Fig. 1).
Therefore, it would have been obvious to a person of ordinary skill in the art to have modified the battery of Hirose by the disclosure of Bu and made the electrode tabs to extend from the pairs of the first side and to have folded and bent the electrode tabs since such a modification is mere change in position that does not change the function of the tabs. It would have also been obvious to have connected the electrode tab to the second area 50 extending from the first area towards the bottom as disclosed by Bu to connect the bent electrode tabs to the electrical collector part. According to the MPEP, shifting the position of parts or rearrangement of Parts) within a device will not render the device patentable if the position change does not alter the device's operation (see In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); MPEP § 2144.04 VI. C.).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Hirose et al. (U.S. PG Publication 2018/0047971) in view Park et al. (U.S. PG Publication 2016/0099444) as applied to claim 1, and further in view of Lee (U.S. PG Publication 2006/0024568)
The discussion of Hirose and Park as applied to claim 1 is fully incorporated here and is relied upon for the limitation the claim in this section.
Regarding claim 8 Hirose is silent about the second insulating member comprises of plural of through holes. Lee discloses a rechargeable battery including an electrode assembly having a positive electrode, a negative electrode, and a separator positioned between the positive electrode and negative electrode, a case for housing the electrode and a spacer positioned in the case surrounding the rounded portions of the electrode assembly and adjacent to the cover (Lee paragraph 0011). The spacer is composed of an insulator and include a plurality of through-holes (Lee paragraph 0018), the plurality of through-holes acts as vent holes for venting a gas generated in the case, and for injecting an electrolyte into the case (Lee paragraph 0041).
Therefore, it would have been obvious to a person of ordinary skill in the art to have modified the battery of Hirose by the disclosure of Lee and to have made through-holes in the second insulator to facilitate the flow of the electrolyte into the electrode assembly, and allowing the venting of a gas generated inside the battery as disclosed by Lee (Lee paragraph 0041). Such a modification is considered the use of known technique to improve similar device s(methods or products) in the same way (MPEP 2143 C).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Hirose et al. (U.S. PG Publication 2018/0047971) in view of Park et al. (U.S. PG Publication 2016/0099444) as applied to claim 1, and further in in view of Yamawaki et al (U.S. PG Publication 2017/0025666)
The discussion of Hirose and Park as applied to claim 1 is fully incorporated here and is relied upon for the limitation of the claim in this section.
Regarding claim 9 Hirose is silent about the second insulating member is configured with a material whose melting point is lower than the first insulating member. Yamawaki discloses a battery that includes an electrode body that includes a positive electrode sheet and a negative electrode sheet and an exterior body that contains the electrode body (Yamawaki paragraph 0008). The battery has a first insulating member 22 disposed between the electrode body and a current collector (Yamawaki paragraph 00) and a second insulating member 10 disposed between the sealing and the conductive member (Yamawaki paragraph 0018) equivalent to the first area of the first electrical member. Yamawaki discloses the first insulating member and the second insulating member may be made of different materials (Yamawaki paragraph 0093), wherein the first insulating member disposed between the electrode body and the current collector is made of a relatively soft resin (Yamawaki paragraph 0093), equivalent to having a lower melting point.
Therefore, it would have been obvious to a person of ordinary skill in the art to have made the first insulator and the second insulator of the battery of Hirose as modified by Park made from different materials as disclosed by Yamawaki (Yamawaki paragraph 0093) having different melting points so as to react differently to the internal environment of the battery cell. According to the MPEP such a modification is considered the use of known technique to improve similar devices (methods, or products) in the same way, (MPEP 2143 I C).
Response to Argument
In the response filed 07/01/2026 applicant traverses the rejection of claims 1, 3, and 14 under 102(a)(1) over Hirose et al (U.S. PG Publication 2018/0047971). Applicant argues that claim 1 has been amended by incorporation of limitations of claim 4, and since claim 4 was not rejected under 102 over Hirose, the rejection should no longer apply to amended independent claim 1 since Hirose does not anticipate amended claim 1 (Remarks page 11-13). Examiner agrees with applicant’s argument that Hirose does not anticipate amended claim 1, and the amendment overcomes the previously presented rejection of claim 1, and 14. Therefore, as indicated above in this Office action the rejection of claim 1, 3 and 14 under 102 over Hirose is hereby withdrawn. Upon further consideration and search the claims are now rejected under 103 over Hirose and newly applied reference of Park (Park et al. (U.S. PG Publication 2016/0099444).
Examiner also notes the rejection of claim 2, 13, 15, and 16 rejected under 103 over Hirose in view of Bu et la. (U.S. PG Pub. 2021/0408625) is modified by Park applied as a secondary reference.
Applicant traverses the rejections of the claims 4-7,10-12 based on the combination of Hirose and Urano (U.S. PG Publication 2015/0295221). Applicant argues that the reference of Urano relied upon for its disclosure of a protruding part discloses a protruding part that is directed towards the current collector and not towards the cover and presents Fig. 5 of Urano for further clarification (Remarks page 14-16). Examiner notes that the reference of Urano has been removed and now the rejection relies upon the newly added reference of Park et al. as secondary battery since it discloses the insulating plate 20 has a protruding part as claimed.
As noted above in this Office action the rejections of the claims have been modified as necessary. The 102 rejection of the claims has been withdrawn. The claims are now rejected under 103. Newly found reference for Park et al. is now used as a secondary reference, and the reference for Urano et al. has been removed. The rejections of the claims have also been rearranged as necessary to meet the amendment of claims 1, 5, 7, the cancellations of claim 4 and 6, and the addition of new claims 17-21.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OMAR M KEKIA whose telephone number is (571)270-5918. The examiner can normally be reached 9:00am-5:00 pm,.
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, NIKI BAKHTIARI can be reached at 571-272-3433. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/JONATHAN G JELSMA/Primary Examiner, Art Unit 1722
/OMAR M KEKIA/Examiner, Art Unit 1722
Prosecution Insights