DETAILED ACTION
This Office Action is responsive to the April 27th, 2026 arguments and remarks (“Remarks”).
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 .
Response to Amendments
In response to the amendments received in the Remarks on April 27th, 2026:
Claims 13-18 and 21-26 are pending in the current application. Claims 13-16 have been amended. Claims 21-26 are newly added. Claims 1-12 and 19-20 have been cancelled.
The previous rejection under 35 USC 112 is overcome in light of the amendment.
The cores of the previous prior art-based rejections have been overcome in light of the amendment. All changes made to the rejection are as necessitated by the amendment.
Response to Arguments
Applicant’s arguments filed with the Remarks on April 27th, 2026 with respect to claims 13-18 and 21-26 are based on the claims as amended. While Applicant’s arguments are acknowledged, they are found to be moot in view of the new grounds of rejection, presented below, as necessitated by Applicant’s amendments to the Claims.
Prior Art
Viavattine US PG Publication 2021/0202952 (“Viavattine”)
Previously cited Matsui US PG Publication 2014/0058598
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 13-14, 17-18, and 21-23 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Viavattine US PG Publication 2021/0202952.
Regarding Claim 13, Viavattine discloses a cathode (corresponding to the instantly claimed electrode) (Abstract, entire disclosure dependent upon), comprising:
a cathode plate (electrode sheet) 220 comprising a first edge and a second edge (Fig. 9, [0005], [0081]), wherein the electrode sheet 220 is formed from an electrode material defining a cathode current collector and an active material ([0081]); and
an electrode tab window defined to expose a portion of the electrode material in the cathode current collector ([0005], [0026]), wherein the electrode tab window extends from the first edge towards the second edge, and wherein the portion of the electrode material extends across the electrode tab window to the first edge (i.e. the cathode current collector extends across the entire cathode plate 220) (Fig. 10A, [0005], [0026], [0081]).
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Annotated Figure 9 of Viavattine
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Annotated Figure 10A of Viavattine
Regarding Claim 14, Viavattine teaches the instantly claimed electrode according to Claim 13, and Viavattine discloses wherein the electrode further comprises a cathode tab (electrode tab) 226 physically and electrically connected to the portion of the electrode material that defines the electrode tab window ([0026], [0031], [0081]).
Regarding Claim 17, Viavattine teaches the instantly claimed electrode according to Claim 13, and Viavattine discloses wherein the active material is disposed along a first surface of the electrode material ([0081]).
Regarding Claim 18, Viavattine teaches the instantly claimed electrode according to Claim 13, and Viavattine discloses wherein a first plane is defined at the first edge and extends orthogonally with respect to the electrode sheet 220, and wherein the portion of the electrode material that defines the electrode terminates at the first plane ([0026], [0031], [0081]).
Regarding Claim 21, Viavattine teaches the instantly claimed electrode according to Claim 13, and Viavattine discloses wherein the first edge of the electrode sheet 220 is opposite the second edge of the electrode sheet 220 ([0026], [0031], [0081]).
Regarding Claim 22, Viavattine teaches the instantly claimed electrode according to Claim 13, and Viavattine discloses wherein the electrode further comprises an electrode edge part that is disposed at a third edge of the electrode sheet and extends between the first edge and the second edge ([0026], [0031], [0081]).
Regarding Claim 23, Viavattine teaches the instantly claimed electrode according to Claim 22, and Viavattine discloses wherein the electrode edge part comprises a different portion of the electrode material that is distinct from the portion of the electrode material where the electrode tab window is defined ([0026]).
Claim Rejections - 35 USC § 103
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 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.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Viavattine US PG Publication 2021/0202952, as applied to Claim 14, further in view of Matsui US PG Publication 2014/0058598.
Regarding Claim 15, Viavattine teaches the instantly claimed electrode according to Claim 14. Viavattine fails to explicitly disclose wherein the electrode further comprises a tape.
However, Matsui discloses a cathode comprising a cathode sheet, wherein the cathode sheet is formed from a slurry comprising an electrode material and an active material (Abstract, [0011], [0234], entire disclosure dependent upon).
Matsui teaches the use of a fixing member 56 such as an adhesive tape can be used to cover the entire electrode body in order to more firmly fix the electrode body ([0241]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the electrode of Viavattine such that the electrode further comprises a tape that covers the entire electrode, including the portion of the electrode material that defines the electrode tab window and a portion of the electrode tab window that is disposed on the electrode tab window in order to more firmly fix the electrode, as taught by Matsui.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Viavattine US PG Publication 2021/0202952, as applied to Claim 13, further in view of Matsui US PG Publication 2014/0058598.
Regarding Claim 16, Viavattine teaches the instantly claimed electrode according to Claim 13. Viavattine fails to explicitly disclose wherein the electrode sheet comprises a cut portion that has been cut from a main electrode sheet.
However, Matsui discloses a cathode comprising a cathode sheet, wherein the cathode sheet is formed from a slurry comprising an electrode material and an active material (Abstract, [0011], [0234], entire disclosure dependent upon).
Matsui teaches cutting the cathode sheet from a larger cathode sheet such that the cathode is a predetermined shape and size ([0234]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the electrode of Viavattine such that the electrode sheet comprises a cut portion that has been cut from a main cathode sheet in order for the cathode to be a predetermined shape and size, as taught by Matsui.
Election/Restrictions
Newly submitted claims 24-26 are directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
Claims 24-26 are directed towards a process of making, whereas the originally claimed invention (Claims 13-18 and 21-23) is directed toward a product made. The inventions are distinct if either or both of the following can be shown: (1) that the process as claimed can be used to make another and materially different product or (2) that the product as claimed can be made by another and materially different process (MPEP § 806.05(f)). In the instant case, the process of making can be used to manufacture an electrode that falls outside of the claim limitations of Claims 13-18 and 21-23.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claims 24-26 are withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Conclusion
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 extension fee 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 date of this final action.
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/O.M.M./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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