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 .
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-6 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of copending Application No. 18/303626. Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims would be anticipated by the claims of copending 18/303626 if issued.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Claim(s) 1-4 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Taniuchi et al. (JP 2021-198281). All citations refer to the English translation made of record by Applicants.
Taniuchi et al. disclose a battery cell having an exterior body housing a battery element. A current collecting tab lead extending from one end surface of the battery. The reference teaches that the exterior body is a laminate film (see para [0007] and Figures 1-3). The reference discloses that the current collecting tab lead (14a) is located on an inner side of an outer edge of the battery (see Figure 1-3).
Taniuchi et al. further disclose that the laminate film (facing body 3) covers a surface constituting the outer edge of the current colleting tab lead and an outer edge of the battery element. A fused portion has two inner surface facing each other and a curved surface that connects the first and second inner surfaces (See Fig 5). Figure 5 also shows that a normal direction of the first and seond inner surfaces is parallel to a thickness direction of the battery.
Taniuchi also discloses that the laminate film has an inclined surface provided continuously from the firs surface at a location adjacent to an end portion of the fused portion on the battery element and a direction normal to the inclined surface intersects with the thickness direction of the battery (see Figs 2-3 and 5).
With regard to claim 2, Figures 2-3 of Taniuchi et al. show that the inclined surface has a triangular shape in plan view.
With regard to claim 3, see Figures 1-2, wherein the current collecting tab 14a has a rectangular shape.
With regard to claim 4, see Figure 2.
Claim(s) 1, 3-4, and 6 is/are rejected under 35 U.S.C. 102a1 as being anticipated by Uemura et al. (US 2021-0013462).
Uemura et al. disclose a battery cell having an exterior body (2) housing an electrode body (6) with a tab lead (7) arranged on a side surface part of the electrode body (see Fig 2 and 6). The electrode body is formed from a laminate (see claim 1) and the tab lead (7) is attached to each of the positive and negative electrodes and a heat-sealing piece is a tab film included in the tab lead (see claim 4). The reference also discloses that the outer edge of the tab lead (7) is located on an inner side of an outer edge of the flat shaped electrode body (6)- see Fig 2.
Uemura et al. also teaches that the exterior body covers a surface including the outer edge of tab (7) and the outer edge of electrode body (6)- (see Fig 2 and 6). In Figure 6-7, Uemura et al. shows that a fused portion in which inner surfaces of the exterior body are fused to each other and are disposed at the corner portion of tab lead (7). The fused portion has first and second surfaces facing one another and a curved surface that connects both surfaces wherein a direction normal to the first and second surfaces is parallel to a thickness direction of the battery (Figures 6-7).
The fused portion extends from an end portion of the exterior body on the current collector side toward the flat shaped electrode body side.
With regard to claim 3, see Fig 6.
With regard to claim 4, see Figures 1-2.
With regard to claim 6, see paragraphs [0033]- [0035] for disclosure of a preparation method for the above-described electrode structure.
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.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Taniuchi et al. (JP 2021-198281). All citations refer to the English translation made of record by Applicants.
Taniuchi et al. discloses all of the features of the claimed invention except for the ratio of a length of the outer edge of the current collector terminal to a length of the outer edge of the electrode body being in the range of 0.7-1.
While Taniuchi does not disclose this specific ratio, it does teach that current collecting tab lead (14a) is located on an inner side of an outer edge of the battery (see Figure 1-3) and therefore, has a length ratio to that out the outer edge of the battery of less than 1. It would have been a matter of routine experimentation to determine the optimal length of the tab lead (14a) to that of the battery given the fact that the reference does not further limit the size of the tab lead.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Uemura et al. (US 2021-0013462).
Uemura et al. et al. disclose all of the features of the claimed invention except for the ratio of a length of the outer edge of the current collector terminal to a length of the outer edge of the electrode body being in the range of 0.7-1.
While Taniuchi does not disclose this specific ratio, it does teach that tab lead (7) is located on an inner side of an outer edge of the battery (6)- see Figure 2) and therefore, has a length ratio to that out the outer edge of the battery of less than 1. It would have been a matter of routine experimentation to determine the optimal length of the tab lead (14a) to that of the battery given the fact that the reference does not further limit the size of the tab leads.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOLLY RICKMAN whose telephone number is (571)272-1514. The examiner can normally be reached Mon, Tues, Thurs, 9am-3pm EST.
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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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/Holly Rickman/Primary Examiner, Art Unit 1785