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 .
Election/Restriction
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 21-38, and 40 drawn to an electrode assembly, a battery cell, an electrical equipment, and a method for making the electrode assembly, classified in H01M10/0431.
II. Claim 39, drawn to a winding equipment, classified in H01M4/13.
The inventions are independent or distinct, each from the other because:
Inventions I and II are related as apparatus and product made. The inventions in this relationship are distinct if either or both of the following can be shown: (1) that the apparatus as claimed is not an obvious apparatus for making the product and the apparatus can be used for making a materially different product or (2) that the product as claimed can be made by another and materially different apparatus (MPEP § 806.05(g)). In this case, both (1) the apparatus as claimed can be used for making a materially different product and (2) the product made can be made by a materially different apparatus. For example, (1) the winding apparatus of Group II includes a first connecting mechanism wherein the first connecting mechanism is configured to connect a tail of the first segment and a head of the second segment through a first connecting part for an electrode plate such as shown in Fig. 6-7 with connecting part 2314 connecting first segment 2311 to second segment 2312 whereas the product of claims 21-38 does not require the first segment and the second segment are separated from one another (see embodiment of Fig. 5); thus, the Group II apparatus can be used for making a materially different product. Regarding the product made, (2) the electrode assembly of Group I with first segment 2311 and second segment 2312 as shown in Fig. 5 can be made without a first connecting mechanism since the first and second segments are connected through the current connector.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
MPEP 808.02 (A), separate classification
MPEP 808.02 (B), different field of search: The inventions require search different classes/subclasses or electronic resources or employing different search queries. Further, the claimed winding apparatus requires features that are not required to produce the product of Group I as described above. Further, it is unlikely to that the same pertinent art can be applied to the invention of Group I and Group II.
Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these 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.
During a telephone conversation with Mao Wang on 01/28/2026 a provisional election was made without traverse to prosecute the invention of Group I, claims 21-38 and 40. Affirmation of this election must be made by applicant in replying to this Office action. Claim 39 is withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Claim Rejections - 35 USC § 102
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 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.
Claims 21-28, 36-38 and 40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kawada et al., US20180013173A1, hereinafter Kawada.
Regarding Claim 21, Kawada discloses an electrode assembly [Kawada 0015 and throughout], comprising a first electrode plate and a second electrode plate with opposite polarities [Kawada 0015 and throughout, Figs. 1-2, first plate 11 and second plate 12] wherein the first electrode plate and the second electrode plate are stacked and wound along a winding direction to form the electrode assembly [Kawada 0015 and throughout, Fig. 1] , wherein the first electrode plate comprises a first segment [Kawada 0024 and throughout, Fig. 2, thin portion 32] and a second segment [Kawada 0024 and throughout, Fig. 2, thick portion 33], wherein the first segment is provided with a first active substance layer, and the second segment is provided with a second active substance layer [Kawada 0024 and throughout, Fig. 2 a thinner portion of active material 31 is applied in segment 32 and a thicker portion of active materials 31 is applied to segment 33, which meets the claim], and the first segment is located upstream of the second segment along the winding direction from inside to outside [Kawada 0024 and throughout, Where upstream is considered to be the center of the rolled assembly, 32 is upstream of 33.]; and
a coating density of the first active substance layer is different from a coating density of the second active substance layer [Kawada 0024, 0045, and throughout, Figs. 1-7, Since the coating thickness for segment 32 is less than 33, the density of coating (coating per unit area) on the region of 32 would inherently be lower than the density of coating in segment 33. See MPEP 2112, There is no requirement that a person of ordinary skill in the art would have recognized the inherent disclosure at the relevant time, but only that the subject matter is in fact inherent in the prior art reference.], the first electrode plate further comprises a first current collector [Kawada 0024 and throughout, Figs. 1-2, first current collector 30], wherein the first active substance layer and the second active substance layer are respectively arranged on the first current collector [Kawada 0024 and throughout, Figs. 1-2]; the electrode assembly further comprises a separator, configured for separating the first electrode plate and the second electrode plate [Kawada 0015 and throughout, separator 13]; the first segment is connected to the separator [Kawada 0015, 0024, Fig. 1, Kawada discloses plate 11 is wound with the separator and the separator 13 is connected to the inner most layer region of the first plate 11 shown in Fig. 1. Thus, the claim limitation is met by Kawada. ]; and a head of the second segment at the most upstream location in the winding direction from inside to outside is connected to the separator [Kawada 0015, 0026, Figs. 1-2 and examples 0043-0050, Kawada discloses plate 11 is wound with the separator and the separator 13 is connected to all regions of the first plate 11 shown in Fig. 1. The second segment 33 is adjacent to the first segment 32 of plate 11, where the first segment 32 is wound first as the inner part of the coil. Thus, the claim limitation is met by Kawada.], to locate the head of the second segment through the separator [Kawada 0015 and throughout, Fig. 1, Claim 21 is directed to a product and the limitation “to locate the head of the second segment through the separator” would be considered a product-by-process limitation per MPEP 2113. The broadest reasonable interpretation of Kawada is the structure of the claim limitation is met since the winding head of the second segment 33 is connected to the first segment 32 at “the most upstream location” relative to the location of the first segment 32. The head of 33 is adjacent to the winding tail of the first segment 32 and both are connected to the separator 13. Thus, the claim limitation is met by Kawada. See annotated Fig. below.].
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Regarding Claim 22, Kawada discloses the electrode assembly according to claim 21, wherein the coating density of the first active substance layer is inherently lower than the coating density of the second active substance layer [Kawada 0024 and throughout, Fig. 2, The broadest reasonable interpretation of Kawada is the coating density of the first active substance layer is lower than the coating density of the second active substance layer since the thickness of the first active substance layer 32 is less coating per unit area of the current collector 30 than the thickness of the second active substance layer 33. Thus, the claim limitation is met. See MPEP 2112, There is no requirement that a person of ordinary skill in the art would have recognized the inherent disclosure at the relevant time, but only that the subject matter is in fact inherent in the prior art reference. ].
Regarding Claim 23, Kawada discloses the electrode assembly according to claim 21, wherein a thickness of the first active substance layer is different from a thickness of the second active substance layer [Kawada 0024 and throughout, Fig. 2].
Regarding Claim 24, Kawada discloses the electrode assembly according to claim 23, wherein a ratio of the thickness of the first active substance layer to the thickness of the second active substance layer is 1/2-3/2 [Kawada Table 1 examples anticipate the claimed range.].
Regarding Claim 25, Kawada discloses the electrode assembly according to claim 21, wherein an active substance material of the first active substance layer is the same as or different from an active substance material of the second active substance layer [Kawada 0019-0025 Since no different active materials are taught for segments 32 and 33, the first active substance material is the same as the second active substance, and thus meets the claim limitation.].
Regarding Claim 26, Kawada discloses the electrode assembly according to claim 21, wherein along the winding direction from inside to outside, a tail of the first segment is connected to a head of the second segment, or a gap is provided between the tail of the first segment and the head of the second segment [Kawada throughout, See annotated Fig. in claim 21 above. Kawada Fig. 2 teaches the tail of the first segment is connected to a head of the second segment.].
Regarding Claim 27, Kawada discloses the electrode assembly according to claim 21, wherein the first electrode plate further comprises a first current collector segment and a second current collector segment , wherein the first active substance layer is arranged on the first current collector segment to form the first segment, and the second active substance layer is arranged on the second current collector segment to form the second segment [Kawada 0015, 0024, and throughout, Fig. 2, first current collector segment 30 is the portion of 32 with active material 31 and second current collector segment 30 is the portion of 33 with active material 31].
Regarding Claim 28, Kawada discloses the electrode assembly according to claim 27, wherein the tail of the first segment and the head of the second segment are connected through a first connecting part [Kawada throughout, see annotated Fig. in claim 21 above. The region where the tail of 32 and head of 33 meet would be considered the first connecting part as there is no specific structure of the first connecting part claimed.].
Regarding Claim 36, Kawada discloses a battery cell, comprising the electrode assembly according to claim 21 [Kawada 0006, Fig. 1 and throughout].
Regarding Claim 37, drawn to a battery, comprising the battery cell according to claim 36, “a battery” is merely a use of the invention of claim 36 and does not provide additional structural limitations [See MPEP 2111.02 II, effect of the preamble]. Therefore, since the prior art of Kawada meets the structural limitations of claim 36 and thereby meet the structural limitations of claim 37, the limitation is met. Further, a battery is a known application of a battery cell.
Regarding Claim 38, drawn to an electrical equipment, comprising the battery according to claim 37, “an electrical equipment” is merely a use of the invention of claim 37 and does not provide additional structural limitations [See MPEP 2111.02 II, effect of the preamble]. Therefore, since the prior art of Kawada meets the structural limitations of claim 36 and thereby meet the structural limitations of claim 37 and claim 38, the limitation is met. Further, electrical equipment is a known application of a battery cell and battery.
Regarding claim 40, Kawada discloses a winding method, comprising:
providing a first electrode plate [Kawada 0015 and throughout, Figs. 1-2, first plate 11], wherein the first electrode plate comprises a first segment [Kawada 0024 and throughout, Fig. 2, thin portion 32] and a second segment [Kawada 0024 and throughout, Fig. 2, thick portion 33] , wherein the first segment is provided with a first active substance layer, and the second segment is provided with a second active substance layer [Kawada 0024 and throughout, Fig. 2 a thinner portion of active material 31 is applied in segment 32 and a thicker portion of active materials 31 is applied to segment 33, which meets the claim];
a coating density of the first active substance layer is different from a coating density of the second active substance layer [Kawada 0024, 0045 and throughout, Figs. 1-7, Since the coating thickness for segment 32 is less than 33, the density of coating (coating per unit area) on the region of 32 would inherently be lower than the density of coating in segment 33. See MPEP 2112, There is no requirement that a person of ordinary skill in the art would have recognized the inherent disclosure at the relevant time, but only that the subject matter is in fact inherent in the prior art reference.]; and
the first electrode plate further comprises a first current collector, wherein the first active substance layer and the second active substance layer are respectively arranged on the first current collector the first electrode plate further comprises a first current collector [Kawada 0024 and throughout, Figs. 1-2, first current collector 30], wherein the first active substance layer and the second active substance layer are respectively arranged on the first current collector [Kawada 0024 and throughout, Figs. 1-2];
providing a second electrode plate, wherein a polarity of the second electrode plate is opposite to a polarity of the first electrode plate [Kawada 0015 and throughout, Figs. 1-2, first plate 11 is positive and second plate 12 is negative];
providing a separator [Kawada 0019 and throughout, Fig. 1, separator 13],
connecting the first segment to the separator [Kawada 0015, 0019, 0044-0050, Fig. 1, Kawada discloses plate 11 is wound with the separator and, as shown in Fig. 1, the separator 13 is connected to the inner most layer region of the first plate 11, which is first segment 32. Thus, the claim limitation is met by Kawada.] and connecting a head of the second segment, at the most upstream location in a winding direction from inside to outside, to the separator, to locate the head of the second segment through the separator [Kawada 0015, 0019, 0026, Figs. 1-2 and examples 0043-0050, The separator 13 is connected to all regions of the first plate 11 shown in Fig. 1. Thus, the head of the second segment would inherently be located through the separator 13. The broadest reasonable interpretation of Kawada is the structure of the claim limitation is met since the winding head of the second segment 33 is connected to the first segment 32 at “the most upstream location” relative to the location of the first segment 32. The head of 33 is adjacent to the winding tail of the first segment 32 and both are connected to the separator 13. See annotated Fig. below.] ; and
winding the first segment, the second segment, the separator, and the second electrode plate along the winding direction to form an electrode assembly, wherein the first segment is first wound with the separator and the second electrode plate, and the second segment is wound with the separator and the second electrode plate after the first segment [Kawada 0015, 0026, Figs. 1-2 and examples 0043-0050, Winding in this way with first segment 32 being wound in the inner portion of the coil and second segment 33 in the outer portion of the coil is discussed throughout.].
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Claims 21-23, 25-28, 36-38 and 40 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wada et al., US20130004853A1, as provided on the IDS dated 08/23/2023 and the ISR dated 12/11/2022 as CN102856538A, hereinafter Wada.
Regarding Claim 21, Wada discloses an electrode assembly [Wada throughout], comprising a first electrode plate and a second electrode plate with opposite polarities [Wada abstract and throughout, Figs. 1-7, plates 21 and 22] wherein the first electrode plate and the second electrode plate are stacked and wound along a winding direction to form the electrode assembly [Wada abstract and throughout, Figs. 1-7] , wherein the first electrode plate comprises a first segment [Wada abstract and throughout, Figs. 1-7, 22b] and a second segment [Wada abstract and throughout, Figs. 1-7, 22a], wherein the first segment is provided with a first active substance layer, and the second segment is provided with a second active substance layer [Wada abstract, 0042-0049, and throughout, Figs. 1-7, 22a, 22b are provided with two different density active layer substances 222], and the first segment is located upstream of the second segment along the winding direction from inside to outside [Wada abstract, 0045, and throughout, Figs. 1-7, Where upstream is considered to be the center of the rolled assembly, 22b is upstream of 22a.]; and
a coating density of the first active substance layer is different from a coating density of the second active substance layer [Wada abstract and throughout, Figs. 1-7, 22b has a lower density than 22a], the first electrode plate further comprises a first current collector [Wada abstract, 0042-0049, and throughout, Figs. 1-7, current collector is core body 221], wherein the first active substance layer and the second active substance layer are respectively arranged on the first current collector [Wada abstract, 0042-0049, and throughout, Figs. 1-7, current collector 221 with active material 222 with low density region 22b and higher density region 22a]; the electrode assembly further comprises a separator, configured for separating the first electrode plate and the second electrode plate [Wada abstract, 0042-0049, and throughout, Figs. 1-7, separator 23]; the first segment is connected to the separator [Wada abstract, 0042-0049, and throughout, Figs. 1-7]; and a head of the second segment at the most upstream location in the winding direction from inside to outside is connected to the separator, to locate the head of the second segment through the separator [Wada abstract, 0042-0049 and throughout, Figs. 1-7, Claim 21 is directed to a product and the limitation “to locate the head of the second segment through the separator” would be considered a product-by-process limitation per MPEP 2113. The broadest reasonable interpretation of Wada is the structure of the claim limitation is met since the winding head of the second segment 22a is connected to the first segment 22b at “the most upstream location” relative to the location of the first segment 22b. The head of 22b is adjacent to the winding tail of the first segment 22b and both are connected to the separator 23. Thus, the claim limitation is met by Wada. See annotated Fig. below.].
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Regarding Claim 22, Wada discloses the electrode assembly according to claim 21, wherein the coating density of the first active substance layer is lower than the coating density of the second active substance layer [Wada abstract, 0043-0044, 0049, and throughout].
Regarding Claim 23, Wada discloses the electrode assembly according to claim 21, wherein a thickness of the first active substance layer is different from a thickness of the second active substance layer [Wada 0052 embodiment, 0058 embodiment, Fig. 6A embodiment, Fig. 7 embodiment].
Regarding Claim 25, Wada discloses the electrode assembly according to claim 21, wherein an active substance material of the first active substance layer is the same as or different from an active substance material of the second active substance layer [Wada 0042-0058 teaches the first active substance material is the same as the second active substance, and thus meets the claim limitation.].
Regarding Claim 26 Wada discloses the electrode assembly according to claim 21, wherein along the winding direction from inside to outside, a tail of the first segment is connected to a head of the second segment, or a gap is provided between the tail of the first segment and the head of the second segment [Wada throughout, See annotated Fig. in claim 21 above. Wada discloses the tail of the first segment is connected to a head of the second segment.].
Regarding Claim 27, Wada discloses the electrode assembly according to claim 21, wherein the first electrode plate further comprises a first current collector segment and a second current collector segment , wherein the first active substance layer is arranged on the first current collector segment to form the first segment, and the second active substance layer is arranged on the second current collector segment to form the second segment [Wada abstract, 0042-0049, and throughout, Figs. 1-7, first current collector segment is the portion of 221 with active material 222 with low density region 22b and second current collector segment is the portion of 221 with active material 222 with higher density region 22a].
Regarding Claim 28, Wada discloses the electrode assembly according to claim 27, wherein the tail of the first segment and the head of the second segment are connected through a first connecting part [Wada throughout, see annotated Fig. in claim 21 above. The region where the tail of 22b and head of 22a meet would be considered the first connecting part as there is no specific structure of the first connecting part claimed.].
Regarding Claim 36, Wada discloses a battery cell, comprising the electrode assembly according to claim 21 [Wada abstract, Figs. 1-2, and throughout].
Regarding Claim 37, drawn to a battery, comprising the battery cell according to claim 36, “a battery” is merely a use of the invention of claim 36 and does not provide additional structural limitations [See MPEP 2111.02 II, effect of the preamble]. Therefore, since the prior art of Wada meets the structural limitations of claim 36 and thereby meet the structural limitations of claim 37, the limitation is met. Further, a battery is a known application of a battery cell.
Regarding Claim 38, drawn to an electrical equipment, comprising the battery according to claim 37, “an electrical equipment” is merely a use of the invention of claim 37 and does not provide additional structural limitations [See MPEP 2111.02 II, effect of the preamble]. Therefore, since the prior art of Wada meets the structural limitations of claim 36 and thereby meet the structural limitations of claim 37 and claim 38, the limitation is met. Further, electrical equipment is a known application of a battery cell and battery.
Regarding claim 40, Wada discloses a winding method, comprising:
providing a first electrode plate [Wada 0050, plate 22], wherein the first electrode plate comprises a first segment and a second segment [Wada abstract, 0052, and throughout, Figs. 1-7, 22b as the first segment and 22a as the second segment] , wherein the first segment is provided with a first active substance layer, and the second segment is provided with a second active substance layer [Wada abstract, 0042-0049, 0052, and throughout, Figs. 1-7, 22a, 22b are provided with two different density active layer substances 222];
a coating density of the first active substance layer is different from a coating density of the second active substance layer [Wada abstract and throughout, Figs. 1-7, 22b has a lower density than 22a]; and
the first electrode plate further comprises a first current collector, wherein the first active substance layer and the second active substance layer are respectively arranged on the first current collector [Wada abstract, 0042-0049, and throughout, Figs. 1-7, current collector 221 with active material 222 with low density region 22b and higher density region 22a];
providing a second electrode plate, wherein a polarity of the second electrode plate is opposite to a polarity of the first electrode plate [Wada 0032 and throughout, Fig. 1-3, second electrode plate is a positive plate 21 which is opposite polarity of negative first plate 22];
providing a separator [Wada 0032 and throughout, Fig. 1-3, separator 23],
connecting the first segment to the separator and connecting a head of the second segment, at the most upstream location in a winding direction from inside to outside, to the separator, to locate the head of the second segment through the separator [Wada 0048, 0052, and throughout Figs. 1-4, Wada discloses the method for forming the first and second segments 22b/a [0052] and then plate 22 is stacked with plate 21 with the separator in between and forming the first winding turn with first segment 22b [0048] and then subsequently second segment 22a. The broadest reasonable interpretation of Wada is the structure of the claim limitation is met since the winding head of the second segment 22a is connected to the first segment 22b at “the most upstream location” relative to the location of the first segment 22b. The head of 22b is adjacent to the winding tail of the first segment 22b and both are connected to the separator 23. Thus, the claim limitation is met by Wada. See annotated Fig. below.]; and
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winding the first segment, the second segment, the separator, and the second electrode plate along the winding direction to form an electrode assembly, wherein the first segment is first wound with the separator and the second electrode plate, and the second segment is wound with the separator and the second electrode plate after the first segment [Wada 0019, 0032, 0048-0052, and throughout, Figs. 1-4, rolling in this way is discussed throughout].
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 24 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wada, as applied to claim 21 and 23 above.
Regarding Claim 24, Wada discloses the electrode assembly according to claim 23. Wada does not explicitly teach the ratio between the thickness of the first active substance and the second active layer substance; however, the skilled artisan would know that Wada Figs. 6A and 7 show a ratio of thicknesses of each of the first active substance layer 22b to the second active substance layer 22a is roughly ½. Further, it would have been obvious to one of ordinary skill in the art prior to the filing date to use Wada’s teachings about thickness as a result-effective variable affecting coating density and thereby affecting both electrolyte permeability and capacity [Wada Fig. 6A, Fig. 7, abstract, 0012, 0052-0058, and throughout] combined with the thickness relationships shown in Fig. 6A and Fig. 7 to determine the workable thickness range through routine experimentation by balancing the requirements of good capacity and electrolyte permeability [Wada Fig. 6A, Fig. 7, abstract, 0012, 0052-0058, and throughout]. Per MPEP 2144.05II, routine optimization of the thickness ratio as claimed would be obvious for the reasons described above. "[W]here 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."
Claim(s) 29-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawada, as applied to claim 21.
Regarding Claim 29, Kawada discloses the electrode assembly according to claim 21 but is silent to wherein the second electrode plate comprises a third segment and a fourth segment, wherein the third segment is provided with a third active substance layer, and the fourth segment is provided with a fourth active substance layer; and the third segment is located upstream of the fourth segment in the winding direction from inside to outside. However, the configuration above merely requires duplicating the structure of Kawada’s first electrode plate 11 [Kawada 0015-0028 and throughout] of claim 21 for Kawada’s second electrode plate 12 using the Kawada’s negative current collector and negative active materials [Kawada 0033-0035 and throughout] where the third segment is a thinner negative electrode segment applied to the negative current collector plate, like segment 32 [Kawada Fig. 2], thus having a lower coating density, and where the fourth segment is the same as Kawada segment 33 [Kawada Fig. 2] except having the negative electrode material as the fourth active substance layer applied to the negative electrode current collector [Kawada 0033-0035] as a thicker coating like segment 33, thus having a higher coating density, where the negative electrode is wound with the separator [Kawada such that the thinner region 32 is applied is wound first in the inner coil side [Kawada 0015-0025] as shown in Fig. 2 (see the description of the first electrode in claim 21 and annotated Fig. below for additional details). Such duplication would be obvious since doing so would still allow the battery cell to operate. See MPEP 2144.04 VI, B duplication of parts. Further, It would have been obvious to one of ordinary skill in the art before the effective filing date that such modification would be expected to have the same or additional benefits as the configuration of Kawada’s first electrode plate where for the second electrode plate the density in the third segment is lower than the coating density of the fourth segment and thereby supporting improved resistance to rupture with sufficient capacity [Kawada 0004-0007].
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Regarding Claim 30, modified Kawada discloses the electrode assembly according to claim 29. With the modification to Kawada as described in claim 29 where the second electrode plate has the same configuration as the first electrode plate except for the selection of electrode active substance materials and current collector materials, modified Kawada discloses wherein a coating density of the third active substance layer is different from a coating density of the fourth active substance layer [Kawada segment 32, with the third active substance layer (thinner negative active substance layer), would inherently have a lower coating density than the fourth active substance layer 33 ( thicker negative active substance layer) since the amount of coating per unit area of segment 32 is less than the amount of coating per unit area of segment 33. See MPEP 2112, There is no requirement that a person of ordinary skill in the art would have recognized the inherent disclosure at the relevant time, but only that the subject matter is in fact inherent in the prior art reference.].; and/or, a thickness of the third active substance layer is different from a thickness of the fourth active substance layer [Kawada Fig. 2 segment 33 (fourth active substance layer) and 32 (third active substance layer) have different thicknesses].; and/or, an active substance material of the third active substance layer is the same as or different from an active substance material of the fourth active substance layer [Kawada 0033-0035 Since no different active substance layers are taught for segments 32 and 33, the third active substance material is the same as the fourth active substance, and thus meets the claim limitation.].
Regarding Claim 31, modified Kawada discloses the electrode assembly according to claim 30, wherein a ratio of the thickness of the third active substance layer to the thickness of the fourth active substance layer is 1/2-3/2. [ As applied in claim 29, Kawada teaches the ratio of thickness of the first active substance layer to the thickness of the second active substance is ½-3/2 through the examples in Kawada Table 1, which anticipate the claimed range. Further Kawada teaches the ratio is 0.4 to 0.8, which overlaps and obviates the claimed range. Per MPEP 2144.05, in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. Therefore, in duplicating the structure of Kawada’s first electrode plate as the second electrode plate using Kawada’s negative electrode materials as described in claim 29, the skilled artisan would also expect that the thickness ratio would be met as claimed for the third active substance layer and the fourth active substance layer.].
Regarding Claim 32, modified Kawada discloses the electrode assembly according to claim 29, wherein along the winding direction from inside to outside, a tail of the third segment is connected to a head of the fourth segment, or a gap is provided between the tail of the third segment and the head of the fourth segment [Modified Kawada meets this limitation as shown in the annotated Fig. and described in claim 29 above where Kawada’s negative electrode plate, as the claimed 2nd electrode plate, has the same structure as Kawada’s positive electrode plate except for having negative electrode substance materials and a negative electrode current collector.].
Regarding Claim 33, modified Kawada discloses the electrode assembly according to claim 32, wherein the second electrode plate further comprises a second current collector, wherein the third active substance layer and the fourth active substance layer are respectively arranged on the second current collector [Modified Kawada meets this limitation as described in claim 29, where the second current collector is the negative current collector [Kawada 0033-0034] and the negative active material is applied with the same configuration of the first electrode plate such that a thinner negative active material substance layer is applied in segment 32 and a thicker negative active material substance layer is applied in 33 on the negative current collector [Kawada 0033].]
Regarding Claim 34, modified Kawada discloses the electrode assembly according to claim 32, wherein the second electrode plate further comprises a third current collector segment and a fourth current collector segment, wherein the third active substance layer is arranged on the third current collector segment to form the third segment, and the fourth active substance layer is arranged on the fourth current collector segment to form the fourth segment [Modified Kawada meets this limitation as shown in the annotated Fig. and described in claim 29 above where Kawada’s negative electrode plate 12, as the claimed 2nd electrode plate, has the same structure as Kawada’s positive electrode plate 11except for having negative electrode substance materials and a negative current collector [Kawada 0033-0034] where the third current collector segment is the part of the current collector in segment 32 and the fourth current collector segment is the part of the current collector in segment 33.].
Regarding Claim 35, modified Kawada discloses the electrode assembly according to claim 34, the tail of the third segment and the head of the fourth segment are connected through a second connecting part [Kawada throughout, see annotated Fig. in claim 29 above. The region where the tail of 32 and head of 33 meet would be considered the second connecting part as there is no specific structure of the second connecting part claimed.].
Claim(s) 29-35 is/are rejected under 35 U.S.C. 103 as being unpatentable over Wada, as applied to claim 21.
Regarding Claim 29, Wada discloses the electrode assembly according to claim 21 but is silent to wherein the second electrode plate comprises a third segment and a fourth segment, wherein the third segment is provided with a third active substance layer, and the fourth segment is provided with a fourth active substance layer; and the third segment is located upstream of the fourth segment in the winding direction from inside to outside. However, the configuration above merely requires duplicating the structure of Wada’s first electrode plate 22 [Wada 0039 and throughout] of claim 21 for Wada’s second electrode plate 22 [Wada 0039 and throughout] where the third segment is the same as 22b, except having the positive electrode material as the third active substance layer applied to the positive electrode current collector core body [Wada 0033-0034] as a lower density coating like segment 22b and the fourth segment is the same as 22a except having the positive electrode material as the fourth active substance layer applied to the positive electrode core body [Wada 0033-0034] as a higher density coating like segment 22a where the lower density third segment is located upstream of the higher density fourth segment in the winding direction from inside to outside (see the description of the first electrode in claim 21 and annotated Fig. below for additional details). Such duplication would be obvious since doing so would still allow the battery cell to operate. See MPEP 2144.04 VI, B duplication of parts. Further, It would have been obvious to one of ordinary skill in the art before the effective filing date that such modification would be expected to have the same or additional benefits as the configuration of Wada’s first electrode plate where for the second electrode plate the density in the third segment is lower than the coating density of the fourth segment and thereby supporting improved electrolyte permeability and battery cell capacity [Wada Fig. 6A, Fig. 7, abstract, 0012, 0052-0058, and throughout].
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Regarding Claim 30, modified Wada discloses the electrode assembly according to claim 29. With the modification to Wada as described in claim 29 where the second electrode plate has the same configuration as the first electrode plate except for the selection of electrode active substance materials and current collector materials, modified Wada discloses wherein a coating density of the third active substance layer is different from a coating density of the fourth active substance layer [Wada abstract, 0043-0044, 0049, and throughout, segment 22a (fourth active substance layer) and 22b (third active substance layer) have different coating densities].; and/or, a thickness of the third active substance layer is different from a thickness of the fourth active substance layer [Wada 0052 embodiment, 0058 embodiment, Fig. 6A embodiment, Fig. 7 embodiment, segment 22a (fourth active substance layer) and 22b (third active substance layer) have different thicknesses].; and/or, an active substance material of the third active substance layer is the same as or different from an active substance material of the fourth active substance layer [Wada 0042-0058 teaches for the first electrode plate the first active substance material is the same as the second active substance, which as applied to the second plate as described in claim 29, the third active substance and four active substance layers are the same, and thus meets the claim limitation.].
Regarding Claim 31, modified Wada discloses the electrode assembly according to claim 30. Wada does not explicitly teach the ratio between the thickness of the third active substance and the fourth active layer substance; however, the skilled artisan would know that, as applied to claim 29 and 30 above, Wada Figs. 6A and 7 shows a ratio of thicknesses of each of the third active substance layer 22b to the fourth active substance layer 22a is roughly ½. Further, it would have been obvious to one of ordinary skill in the art prior to the filing date to use Wada’s teachings about thickness as a result-effective variable affecting coating density and thereby affecting both electrolyte permeability and capacity [Wada Fig. 6A, Fig. 7, abstract, 0012, 0052-0058, and throughout] combined with the thickness relationships shown in Fig. 6A and Fig. 7 to determine the workable thickness range through routine experimentation by balancing the requirements of good capacity and electrolyte permeability [Wada Fig. 6A, Fig. 7, abstract, 0012, 0052-0058, and throughout]. Per MPEP 2144.05II, routine optimization of the thickness ratio as claimed would be obvious for the reasons described above. "[W]here 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."
Regarding Claim 32, modified Wada discloses the electrode assembly according to claim 29, wherein along the winding direction from inside to outside, a tail of the third segment is connected to a head of the fourth segment, or a gap is provided between the tail of the third segment and the head of the fourth segment [Modified Wada meets this limitation as shown in the annotated Fig. and described in claim 29 above where Wada’s positive electrode plate, as the claimed 2nd electrode plate, has the same structure as Wada’s negative electrode plate except for having positive electrode substance materials and a positive current collector electrode core.].
Regarding Claim 33, modified Wada discloses the electrode assembly according to claim 32, wherein the second electrode plate further comprises a second current collector, wherein the third active substance layer and the fourth active substance layer are respectively arranged on the second current collector [Modified Wada meets this limitation as described in claim 29, where the second current collector is the positive current collector [Wada 0033-0034] and the positive active material is applied with the same configuration of the first electrode plate where a lower density positive active material substance layer is applied in 22b and a higher density positive active material substance layer is applied in 22a.]
Regarding Claim 34, modified Wada discloses the electrode assembly according to claim 32, wherein the second electrode plate further comprises a third current collector segment and a fourth current collector segment, wherein the third active substance layer is arranged on the third current collector segment to form the third segment, and the fourth active substance layer is arranged on the fourth current collector segment to form the fourth segment [Modified Wada meets this limitation as shown in the annotated Fig. and described in claim 29 above where Wada’s positive electrode plate, as the claimed 2nd electrode plate, has the same structure as Wada’s negative electrode plate except for having positive electrode substance materials and a positive current collector electrode core.].
Regarding Claim 35, modified Wada discloses the electrode assembly according to claim 34, the tail of the third segment and the head of the fourth segment are connected through a second connecting part [Wada throughout, see annotated Fig. in claim 29 above. The region where the tail of 22b and head of 22a meet would be considered the second connecting part as there is no specific structure of the second connecting part claimed.].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN103296315A, as provided on the IDS dated 08/23/2023, discloses the thickness of the active materials for both the positive electrode plate and the negative electrode plates become thicker, which reads on an increased coating density, from the inside of the winding core to the outside of the winding core, which is relevant to the examined claims.
WO2012117005A1, as provided on the IDS dated 08/23/2023, discloses the thickness of the active materials for both the positive electrode plate and the negative electrode plates become thicker, which reads on an increased coating density, from the inside of the winding core to the outside of the winding core, which is relevant to the examined claims.
US20110217577A1, as provided on the IDS dated 3/3/2025 as JP2011204660, discloses a gap between a first segment and a second segment connected by a connecting member tape 14a/14b [0055 and throughout], which is relevant to the gap of claims 26 and 32 and the connecting parts of claims 28 and 35.
JP2011138729A, as provided on the IDS dated 3/3/2025, discloses an the density of the coating of the active material is higher at the outer part of the winding than the inner part of the winding, which is considered relevant to the examined claims.
US20220223851A1 discloses two different active materials with different densities arranged side by side on a current collector, which is considered relevant to the examined claims.
US20230261266A1 discloses a thickness of the first portion in the innermost portion of the jelly-roll is thinner than the thickness in the outer portion of the jelly roll, which reads on an increased coating density, which is considered relevant to the examined claims.
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/M. T. LEONARD/Examiner, Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724