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 .
This is a final office action in response to Applicant's remarks and amendments filed on 12/11/2025. Claim 1 is currently amended. Claims 1-10 are pending review in this action. The previous 35 U.S.C. 102 and 35 U.S.C. 103 rejections are withdrawn in light of Applicant's amendment to Claim 1, however the previously cited prior art has been upheld as reading on the claims. Updated rejections necessitated by Applicant’s amendments are detailed below.
Information Disclosure Statement
The information disclosure statement submitted on 12/30/2025 has been considered by the examiner.
Claim Rejections - 35 USC § 112 (b)
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
The term “close” in Claim 1 is a relative term which renders the claim indefinite. The term “close” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Specifically, the skilled artisan would not be able to clearly determine at what position the proximity plate portion must be relative to the electrode group to be considered “close”. For purposes of examination, the term will be examined using the broadest reasonable interpretation. Claims 2-10 are also rejected due to their dependency upon Claim 1.
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 1-5 and 7-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sasaki et al. (US 2013/0078492 A1) (disclosed by Applicant on IDS dated 03/15/2023).
Regarding Claim 1, Sasaki discloses a battery (nonaqueous electrolyte secondary battery, RB) comprising: a container (can body, 1) including a bottom wall and a peripheral wall, an inner cavity of the container (can body, 1) being open in a height direction (up and down page in Figure 1) toward a side opposite to a side where the bottom wall is located; a lid member (lid portion, 2) attached to the peripheral wall of the container (can body, 1) in a state in which an opening of the inner cavity is closed (Figure 1, [0056-0057]). Sasaki further discloses an electrode group (power generating element, 3) including a positive electrode (positive electrode plate) and a negative electrode (negative electrode plate) and housed in the inner cavity of the container (can body, 1); a current collecting tab (uncoated portion, 3a) protruding outward in the electrode group (power generating element, 3) in a lateral direction (left to right of page in Figure 1) intersecting the height direction (up and down page in Figure 1) (Figures 1 and 2, [0062-0063]). Sasaki further discloses an electrode terminal (terminal bolt, 5/7) exposed on an outer surface of the lid member (lid portion, 2) and electrically connected to the current collecting tab (uncoated portion, 3a) (Figure 2, [0059, 0065]). Sasaki further discloses an electrode group retainer (spacer, 11) including a proximity plate portion (recessed face, 11c) close to the electrode group (power generating element, 3), wherein a space (see annotated Figure 3 below) is formed between an inner surface of the lid member (lid portion, 2) and the proximity plate portion (recessed face, 11c) (Figure 3, [0085]). Sasaki further discloses that a facing surface of the proximity plate portion (recessed face, 11c) which faces the electrode group (power generating element, 3) being along an outer surface of an end portion of the electrode group (power generating element, 3) that is on a side where the lid member (lid portion, 2) is located (Figure 3, [0094]). Sasaki further discloses that the electrode group retainer (spacer, 11) is made of an electrically insulating material and arranged between the electrode group (power generating element, 3) and the lid member (lid portion, 2) in the inner cavity (Figure 2, [0073-0075]). Thus, all of the limitations of Claim 1 are met.
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Annotate Figure 3 (Sasaki US 2013/0078492 A1)
Regarding Claim 2, Sasaki further discloses that the electrode group retainer (spacer, 11) includes a convex portion (protruding portion, 11a) that protrudes from the proximity plate portion (recessed face, 11c) toward the lid member (lid portion, 2), and the convex portion (protruding portion, 11a) of the electrode group retainer (spacer, 11) contacts the inner surface of the lid member (lid portion, 2) via the current collector (4) and packing (10) (Figure 3, [0080-0081, 0084, 0091]). Thus, all of the limitations of Claim 2 are met.
Regarding Claim 3, Sasaki further discloses that the proximity plate portion (recessed face, 11c) of the electrode group retainer (spacer, 11) applies, to the electrode group (power generating element, 3), a force (“flattening”) acting inward in a depth direction (“front” to “back” of page in Figure 2) intersecting both the height direction (up and down page in Figure 1) and the lateral direction (left to right of page in Figure 1) (Figure 3, [0084]). Thus, all of the limitations of Claim 3 are met.
Regarding Claim 4, Sasaki further discloses that in the electrode group (power generating element, 3), the proximity plate portion (recessed face, 11c) of the electrode group retainer (spacer, 11) is close to a portion (upper portion) different from the current collecting tab (uncoated portion, 3a) (see Figure 2). Thus, all of the limitations of Claim 4 are met.
Regarding Claim 5, Sasaki further discloses a lead (current collectors, 4/6) arranged in the inner cavity and forming at least a part of an electrical path between the current collecting tab (uncoated portion, 3a) and the electrode terminal (terminal bolt, 5/7), wherein the proximity plate portion (recessed face, 11c) of the electrode group retainer (spacer, 11) is located apart from the current collecting tab (uncoated portion, 3a), the electrode terminal (terminal bolt, 5/7) and the lead (current collectors, 4/6) in the lateral direction (left to right of page in Figure 2) (Figures 2 and 3).
The examiner notes that as the proximity plate portion (recessed face, 11c) is not in the same plane as the current collecting tab (uncoated portion, 3a), the electrode terminal (terminal bolt, 5/7), and the lead (current collectors, 4/6), with respect to the height direction (up and down page in Figure 2), that the proximity plate portion (recessed face, 11c) is indeed located apart from the current collecting tab (uncoated portion, 3a), the electrode terminal (terminal bolt, 5/7), and the lead (current collectors, 4/6) in the lateral direction (left to right of page in Figure 2). Thus, all of the limitations of Claim 5 are met.
Regarding Claim 7, Sasaki further discloses that in the electrode group (power generating element, 3), the positive electrode (positive electrode plate) and the negative electrode (negative electrode plate) are wound, with a winding axis extending along the lateral direction (left to right of page in Figure 2) as a center (Figure 2, [0062]). Sasaki further discloses that the outer surface (top surface) of the end portion of the electrode group (power generating element, 3) on a side where the lid member (lid portion, 2) is located is formed as a curved surface that is arcuate in a cross section perpendicular to the lateral direction (left to right of page in Figure 2) (see Figure 2, [0078-0079]). Sasaki further discloses that the facing surface (lower surface) of the proximity plate portion (recessed face, 11c) is formed as a curved face which is arcuate in a cross section perpendicular to the lateral direction (left to right of page in Figure 2) and which is along the curved surface of the end portion of the electrode group (power generating element, 3) on the side where the lid member (lid portion, 2) is located (see Figures 2 and 5, [0078-0079]). Thus, all of the limitations of Claim 7 are met.
Regarding Claim 8, Sasaki further discloses that the electrode group (power generating element, 3) has a small radius of curvature on the curved face, and that the shape of the curved surface of the proximity plate portion (recessed face, 11c) is adapted to the curved face of the electrode group (power generating element, 3) (Figures 2 and 5, [0085]). Therefore, the skilled artisan would appreciate that a radius of curvature of the facing surface (curved surface) of the proximity plate portion (recessed face, 11c) is ~100% of a radius of curvature of the curved surface of the end portion of the electrode group (power generating element, 3) on the side where the lid member (lid portion, 2) is located (Figures 2 and 5, [0085]). Thus, all of the limitations of Claim 8 are met.
Regarding Claim 9, Sasaki further discloses that the current collecting tab (uncoated portion, 3a) includes a positive electrode current collecting tab (uncoated portion, 3a) protruding toward one side in the lateral direction (left to right of page in Figure 2) in the electrode group (power generating element, 3), and a negative electrode current collecting tab (uncoated portion, 3a) protruding toward a side opposite to a side where the positive electrode current collecting tab (uncoated portion, 3a) protrudes in the electrode group (power generating element, 3) (Figure 2, [0090]). Sasaki further discloses that the electrode terminal (terminal bolt, 5/7) includes a positive electrode terminal (terminal bolt, 5) electrically connected to the positive electrode current collecting tab (uncoated portion, 3a), and a negative electrode terminal (terminal bolt, 7) arranged on the outer surface of the lid member (lid portion, 2) at a position apart from the positive electrode terminal (terminal bolt, 5) and electrically connected to the negative electrode current collecting tab (uncoated portion, 3a) (Figure 2, [0090-0091]). Thus, all of the limitations of Claim 9 are met.
Regarding Claim 10, Sasaki further discloses that the proximity plate portion (recessed face, 11c) of the electrode group retainer (spacer, 11) is located between the positive electrode current collecting tab (uncoated portion, 3a) and the negative electrode current collecting tab (uncoated portion, 3a) and between the positive electrode terminal (terminal bolt, 5) and the negative electrode terminal (terminal bolt, 7) in the lateral direction (left to right of page in Figure 2) (see Figure 2). Thus, all of the limitations of Claim 10 are met.
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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Sasaki et al. (US 2013/0078492 A1) (disclosed by Applicant on IDS dated 03/15/2023), as applied to Claim 1 above, and further in view of Matsuhara et al. (US 2020/0287201 A1).
In Regards to Claim 6 (Dependent Upon Claim 1):
Sasaki discloses the battery of Claim 1 as set forth above. Sasaki further discloses that the battery (nonaqueous electrolyte secondary battery, RB) comprises a nonaqueous electrolyte [0097].
Sasaki is deficient in disclosing that the lid member has a liquid injection port penetrating from the outer surface to the inner surface, and the proximity plate portion of the electrode group retainer is located away from the liquid injection port in the lateral direction.
Matsuhara discloses a battery (lithium-ion secondary battery, 100) comprising a container (battery case, 30) having an opening, an electrode group (electrode body, 20) stored within the container (battery case, 30), a lid member (top surface of battery case, 30) closing the opening of the container (battery case, 30), and a nonaqueous electrolyte contained in the container (battery case, 30) (Figure 2, [0052]). Matsuhara further discloses that the lid member (top surface of battery case, 30) comprises an electrolyte injection hole which allows the nonaqueous electrolyte to be injected within the container (battery case, 30) (Figure 2, [0052]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the lid member of Sasaki to include an electrolyte injection hole such that a nonaqueous electrolyte may be injected into the battery during various points of operation, as taught by Matsuhara. Furthermore, the selection of a known configuration based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
The examiner notes that upon the above modification, as the electrolyte injection hole is located in the lid member which is in a different plane than the proximity plate portion with respect to the height direction, thus, the skilled artisan would appreciate that the proximity plate portion of the electrode group retainer is located away from the liquid injection port in the lateral direction, as they are not in the same plane. As such, all of the limitations of Claim 6 are met.
Response to Arguments
Applicant's arguments filed 12/11/2025 have been fully considered but they are not persuasive.
The Applicant argues that Sasaki et al. (US 2013/0078492 A1) fails to teach all of the limitations of amended Claim 1. Specifically, the Applicant argues that Sasaki fails to meet the limitation “a space being formed between an inner surface of the lid member and the proximity plate portion”, as a packing (10) and a protruding portion (11a) are arranged between the proximity plate portion (recessed face, 11c) and the lid member (lid portion, 2).
The examiner respectfully disagrees. The examiner notes that the above limitation does not require that a space is formed between the inner surface of the lid member and the proximity plate portion within a same vertical plane in which the lid member and the proximity plate portion are both located. As detailed above in the rejection of Claim 1, Sasaki discloses that a space (see annotated Figure 3 below) is formed between an inner surface of the lid member (lid portion, 2) and the proximity plate portion (recessed face, 11c) (Figure 3, [0085]).
The examiner further notes that the term “an inner surface” as written is a broad limitation and is subject to the broadest reasonable interpretation during the review of prior art.
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Annotate Figure 3 (Sasaki US 2013/0078492 A1)
The Applicant further argues that Sasaki also fails to meet the limitation “a facing surface of the proximity plate portion which faces the electrode group being along an outer surface of an end portion of the electrode group that is on one side where the lid member is located” as a protruding portion (11a) is arranged between the proximity plate portion (recessed face, 11c) and the lid member (lid portion, 2).
The examiner respectfully disagrees. The examiner notes that the above limitation does not require that there is nothing between the proximity plate portion (recessed face, 11c) and the lid member (lid portion, 2) in order for the proximity plate portion to be considered “on one side where the lid member is located”. The limitation as currently written requires 1) that the facing surface faces the electrode group and is located along an outer surface of an end portion of the electrode group, and 2) that the end portion of the electrode group at which the facing surface is located is at the side where the lid member is located.
As detailed above in the rejection of Claim 1, Sasaki further discloses that a facing surface of the proximity plate portion (recessed face, 11c) which faces the electrode group (power generating element, 3) being along an outer surface of an end portion of the electrode group (power generating element, 3) that is on a side where the lid member (lid portion, 2) is located (Figure 3, [0094]).
The examiner further notes that the terms “an outer surface” and “an end portion” as written are broad limitations and are subject to the broadest reasonable interpretation during the review of prior art.
The Applicant further argues that Sasaki fails to suggest the benefits recognized by the instant invention which arise from the structure of the instant claims.
In response to Applicant's argument that Sasaki fails to suggest the benefits recognized by the instant invention which arise from the structure of the instant claims, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
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 EMILY E FREEMAN whose telephone number is (571)272-1498. The examiner can normally be reached Monday - Friday 8:30AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at (571)-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.E.F./ Examiner, Art Unit 1724
/MIRIAM STAGG/ Supervisory Patent Examiner, Art Unit 1724