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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Objections
Claims 6 and 7 are objected to because of the following informalities:
In claim 6, line 3, “potion” should read “portion”
In claim 7, line 3, “the film outer housing” should read “the laminated film outer housing”
In claim 7, line 7, “on the other-side end” should read “on an other-side end”
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claim 6 is 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.
Claim 6 recites the limitation "the core exposed portion" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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 1 and 5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takano (JP 2016122628 A, machine translation relied upon herein).
Regarding claim 1, Takano teaches a non-aqueous electrolyte secondary battery (paragraph 0001) comprising:
a laminated film outer housing formed by joining film members (paragraph 0065, exterior body that is a laminate film); and
a flat-shape electrode assembly housed in the laminated film outer housing, and formed by winding a positive electrode of an elongated shape and a negative electrode of an elongated shape, which oppose each other with a separator of an elongated shape therebetween, in a flat shape (paragraphs 0026 and 0063-0065, flat wound element 1a inserted into laminate film, formed by winding a strip-shaped negative electrode 20, a strip-shaped separator 30, a strip-shaped positive electrode 10, and a strip-shaped separator 30), wherein
the positive electrode includes a positive electrode core of an elongated shape, and a positive electrode mixture layer provided over the positive electrode core (paragraph 0027, positive electrode 10 includes a positive electrode current collector 11 and a positive electrode actual material layer 12), and includes a positive electrode non-coated portion at a midway in a longitudinal direction of the positive electrode, where the positive electrode mixture layer is not present and the positive electrode core is exposed (paragraph 0067 and Fig. 3, notch 12a without positive electrode active material layer 12 at a midway), and
the negative electrode includes a negative electrode core of an elongated shape, and a negative electrode mixture layer provided over the negative electrode core (paragraph 0045, negative electrode 20 includes a negative electrode current collector 21 and a negative electrode active material layer 22), and includes a negative electrode non-coated portion at an outermost circumferential portion in a longitudinal direction of the negative electrode, where the negative electrode mixture layer is not present and the negative electrode core is exposed (paragraph 0048 and Figs. 1 and 2b, uncoated portion without negative electrode active material layer 22 formed at the end of negative electrode 20),
the non-aqueous electrolyte secondary battery further comprises: a positive electrode tab joined to and electrically connected to the positive electrode non-coated portion (paragraph 0075, positive electrode current collector tab 13 welded to notch 12a); and a negative electrode tab joined to and electrically connected to the negative electrode non-coated portion (paragraph 0070, negative electrode current collector tab 23 welded to uncoated portion of negative electrode), and
the positive electrode tab and the negative electrode tab are positioned on a same side with respect to a virtual plane which passes approximately a center of the flat-shape electrode assembly in a thickness direction and which is approximately orthogonal to the thickness direction of the flat-shape electrode assembly (Fig. 1, tabs 13 and 23 on the bottom half of the flat wound element 1a).
Regarding claim 5, Takano teaches the limitations of claim 1, and further teaches wherein an opposing location, of the positive electrode, which opposes the negative electrode tab includes a core exposed portion where the positive electrode core is exposed (paragraphs 0038 and 0067 and Fig. 3., notch 12b formed in positive electrode active material layer 12, provided at a position facing the negative electrode current collecting tab 23).
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.
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 4 is rejected under 35 U.S.C. 103 as being unpatentable over Takano (JP 2016122628 A) in view of Mizutani (JP 2006310222 A, machine translation relied upon herein).
Regarding claim 4, Takano teaches the limitations of claim 1. Takano does not teach wherein a thickness of the positive electrode tab is less than a thickness of the positive electrode mixture layer, and a thickness of the negative electrode tab is less than a thickness of the negative electrode mixture layer.
Mizutani teaches wherein a thickness of the positive electrode tab is less than a thickness of the positive electrode mixture layer (paragraph 0055, positive electrode lead 2 with thickness 70 μm and positive electrode active material layer 3 with thickness 122 - 12 = 110 μm), and a thickness of the negative electrode tab is less than a thickness of the negative electrode mixture layer (negative electrode lead 7 with thickness 70 μm and negative electrode active material layer 5 with thickness 108 - 8 = 100 μm).
Takano and Mizutani are both considered to be analogous to the claimed invention because
they are in the same field of non-aqueous electrolyte secondary batteries. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the non-aqueous electrolyte secondary battery as taught by Takano to incorporate the teachings of Mizutani using known methods so that wherein a thickness of the positive electrode tab is less than a thickness of the positive electrode mixture layer, and a thickness of the negative electrode tab is less than a thickness of the negative electrode mixture layer, and the combination would have yielded the predictable result of producing an effective secondary battery. See MPEP § 2143(I)(A).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Takano (JP 2016122628 A) in view of Moriyama et al. (US 2019/0252667 A1).
Regarding claim 6, Takano teaches the limitations of claim 1. Takano does not teach wherein the positive electrode non-coated potion and the core exposed portion are present only at a part, in a width direction, of the positive electrode of the elongated shape, and the negative electrode non-coated portion is present only at a part, in a width direction, of the negative electrode of the elongated shape.
Moriyama et al. teaches wherein the positive electrode non-coated potion and the core exposed portion are present only at a part, in a width direction, of the positive electrode of the elongated shape (paragraphs 0019 and 0042 and Fig. 3, second regions 37A and 37B of positive electrode mixture layers 35A and 35B), and the negative electrode non-coated portion is present only at a part, in a width direction, of the negative electrode of the elongated shape (paragraph 0056, negative electrode 12 can have basically the same structure as positive electrode 11).
Takano and Moriyama et al. are both considered to be analogous to the claimed invention because they are in the same field of non-aqueous secondary batteries. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the non-aqueous electrolyte secondary battery as taught by Takano to incorporate the teachings of Moriyama et al. so that wherein the positive electrode non-coated potion and the core exposed portion are present only at a part, in a width direction, of the positive electrode of the elongated shape, and the negative electrode non-coated portion is present only at a part, in a width direction, of the negative electrode of the elongated shape. Doing so would potentially prevent entry of electrically conductive foreign materials, reducing the decrease in open-circuit voltage and reducing the occurrence of internal short circuiting (Moriyama et al. paragraph 0020).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Takano (JP 2016122628 A) in view of Eo et al. (US 2020/0044225 A1)
Regarding claim 7, Takano teaches the limitations of claim 1. Takano does not teach wherein the film outer housing comprises: a first portion including a recess which houses the flat-shape electrode assembly; a second portion which is folded back at a one-side end in a height direction of the first portion and which does not have a recess; and a welding portion provided on both sides of the recess and on the other-side end in the height direction, and which seals the laminated film outer housing, the positive electrode tab and the negative electrode tab are sandwiched by the first portion and the second portion at the other-side end in a state in which the laminated film outer housing is sealed, and each of the positive electrode tab and the negative electrode tab protrudes from the welding portion, from a back surface portion side of the laminated film outer housing, approximately in parallel to the back surface portion.
Eo et al. teaches wherein the film outer housing (paragraph 0039 and Fig. 1A, pouch case 120) comprises:
a first portion including a recess which houses the flat-shape electrode assembly (paragraph 0039 and Fig. 1A, second case part 122 with recess 123);
a second portion which is folded back at a one-side end in a height direction of the first portion and which does not have a recess (paragraph 0039 and Fig. 1A, first case part 121); and
a welding portion provided on both sides of the recess and on the other-side end in the height direction, and which seals the laminated film outer housing (paragraphs 0041 and 0043 and Fig. 1A, sealing part 124 and welded region of first case part 121 and second case part 122),
the positive electrode tab and the negative electrode tab are sandwiched by the first portion and the second portion at the other-side end in a state in which the laminated film outer housing is sealed (paragraph 0043 and Fig. 3, outer circumferential tab 115 and inner circumferential tab 114 are outwardly drawn through welded region), and
each of the positive electrode tab and the negative electrode tab protrudes from the welding portion, from a back surface portion side of the laminated film outer housing, approximately in parallel to the back surface portion (Fig. 3, outer circumferential tab 115 and inner circumferential tab 114 protrude from welded region and back of pouch case 120, approximately parallel to first case part 121).
Takano and Eo et al. are both considered to be analogous to the claimed invention because
they are in the same field of non-aqueous electrolyte secondary batteries. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the non-aqueous electrolyte secondary battery as taught by Takano to incorporate the teachings of Eo et al. using known methods so that wherein the film outer housing comprises: a first portion including a recess which houses the flat-shape electrode assembly; a second portion which is folded back at a one-side end in a height direction of the first portion and which does not have a recess; and a welding portion provided on both sides of the recess and on the other-side end in the height direction, and which seals the laminated film outer housing, the positive electrode tab and the negative electrode tab are sandwiched by the first portion and the second portion at the other-side end in a state in which the laminated film outer housing is sealed, and each of the positive electrode tab and the negative electrode tab protrudes from the welding portion, from a back surface portion side of the laminated film outer housing, approximately in parallel to the back surface portion, and the combination would have yielded the predictable result of providing a secondary battery with a laminated film outer housing. See MPEP § 2143(I)(A).
Conclusion
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/J.L./Examiner, Art Unit 1726
/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 2 February 2026