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 .
Claim Status
Claims 1-5 are withdrawn. Claims 6-10 are pending.
Election/Restrictions
Applicant’s election without traverse of Group II (Claims 6-10) in the reply filed on April 13, 2026 is acknowledged. Accordingly, Claims 1-5 pertain to a non-elected invention and are withdrawn.
Applicant's election with traverse of Group A with Figure 10 in the reply filed on April 13, 2026 is acknowledged. The traversal is on the ground(s) that Figures 9 and 10 within Group A relate to the same embodiment. This is found persuasive and the requirement for restriction within Group A is withdrawn.
Specification
The disclosure is objected to because of the following informalities:
In paragraph [0006] within the sentence “Each clamp is formed by bending a metal plate to form two walls oppose[…]”; should be corrected to “Each clamp is formed by bending a metal plate to form two walls that oppose[…]”.
Appropriate correction is required.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 6-10 are rejected under rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshida et al. (JP2000133241(A) – where the English machine translation is provided by the applicant).
Regarding Claim 6, Yoshida discloses a collector joining structure, comprising an electrode body (1, see annotated Fig. 5) that includes electrode plate end portions overlapping each other in a thickness-wise direction of the electrode plate end portions (1a and 1b, see annotated Fig. 5); a current collector including a folded portion (2, see annotated Fig. 3) wherein the folded portion includes two opposing holding walls (2, see annotated Fig. 3) that hold the electrode plate end portions of the electrode body in between, and a top part that connects the two holding walls (2, see annotated Fig. 3) and includes an opening; (2b, see annotated Figs. 3 and 8); and a brazing portion that joins edges of the electrode plate end portions ([0003]), exposed from the opening of the top part,(abstract, [0003]) to the two holding walls (abstract, [0003]).
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A: Annotated Figure 5 of Yoshida (JP2000133241A)
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B: Annotated Figure 3 of Yoshida (JP2000133241A)
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C: Annotated Figure 8 from Yoshida (JP2000133241A)
Regarding Claim 7, Yoshida discloses the collector joining structure according to Claim 6, further comprising: a compressing-binding portion (2a, see annotated Fig. 3) that binds the electrode plate end portions (1a, see annotated Fig. 3]) at a position separated from the edges of the electrode plate end portions (see annotated Fig. 3) in a state in which the two holding walls compress the electrode plate end portions held between the two holding walls (2a, see annotated Fig. 3; [0001], [0006]).
Regarding Claim 8, Yoshida discloses the collector joining structure according to claim 6, wherein an opening end of the opening is widened in a thickness-wise direction of the electrode plate end portions (d4, D - see Fig. 3; [0043]).
Regarding Claim 9, Yoshida discloses the collector joining structure according to claim 6, wherein: the electrode plate end portions include first electrode plate end portions (1a, see annotated Fig. 7) having a first polarity and second plate end portions having a second polarity differing from the first polarity (1b, see Fig. 7); the electrode body is a rolled body (1, see annotated Fig. 7) that includes a first axial end at which the first electrode plate end portions are arranged and a second axial end at which the second electrode plate end portions are arranged (see annotated Fig. 7), wherein the electrode body has a flattened roll shape including a first flat surface and a second flat surface facing opposite directions (see annotated Fig. 7); at the first axial end, the current collector (2, see annotated Figs. 6 and 7) is joined to a long portion at a side of the first flat surface (see annotated Figs. 6 and 7; [0003]); and at the second axial end, the current collector (3, see annotated Fig. 6) is joined to a long portion at a side of the second flat surface (see annotated Figs. 6 and 7; [0003]).
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D: Annotated Figure 7 from Yoshida (JP2000133241A)
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E: Annotated Figure 6 from Yoshida (JP2000133241A)
Regarding Claim 10, Yoshida discloses a battery, comprising: the joining structure according to Claim 6 (1, see annotated Fig. 7).
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.
Claim 6 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 5 of granted Patent US12620680B2 in view of Baston (US20080090146A1). Both the instant Claim 6 and claim 5 of Patent US12620680B2 disclose a collector joining structure, comprising an electrode body that includes electrode plate end portions overlapping each other in a thickness-wise direction of the electrode plate end portions; a current collector including a folded portion, wherein the folded portion includes two opposing holding walls that hold the electrode plate end portions of the electrode body in between, and a top part that connects the two holding walls and includes an opening. Claim 5 of Patent US1262060B2 further discloses a joining portion that joins edges of the electrode plate end portions exposed from the opening of the top part to the two holding walls, as stated in the instant Claim 1, but does not disclose that the joining portion is a brazing portion. Baston teaches that brazing, welding, and soldering are all techniques that can be used to join a current collector to an electrode. Consequently, it would have been obvious to a person having ordinary skill in the art at the time of the instant claimed invention to substitute the welding portion of Patent US12620680B2 with a brazing portion as taught by Baston as a simple substitution of one known element for another to obtain predictable results (see MPEP 2143(I)(C)).
Claim 7 is rejected on the ground of nonstatutory double patenting as being unpatentable over claim 7 of Patent US12620680B2, modified by Baston as described above, further in light of Yoshida. The modified claim 7 of Patent US 12620680B2 discloses the collector joining structure according to instant Claim 6 further comprising the two holding walls at a position separated from the edges of the electrode plate end portions, but does not disclose a compressing-binding portion that binds the electrode plate end portions at a position separated from the edges of the electrode plate end portions. Yoshida discloses a collector joining structure. Yoshida further discloses use of a compressing-binding portion that binds the electrode plate end potions ([0001],[0006]). It would have been obvious to a person having ordinary skill in the art at the time of the claimed invention to introduce the compressing-binding portion in the collector joining structure at a position separated from the edges of the electrode plate end portions to use a known technique to improve similar devices in the same manner of securing electrode plate end portions ((see MPEP 2143(I)(C))..
References cited but not relied upon
The following prior art made of record and not relied upon is considered pertinent to the applicant’s disclosure:
Yamauchi et al. (US7887946B2) discloses a rolled electrode group with a folded current collecting body that has a slit exposing sections of the rolled electrode group for welding by irradiated laser beam.
Urano et al. (US20110223454A1) disclose a wound electrode body with a forked current-collecting member.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kent G. Mendoza whose telephone number is (571)482-9953. The examiner can normally be reached Monday-Thursday 8:30-5:30 EST.
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/K.G.M./Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754
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