DETAILED CORRESPONDENCE
1. The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Notice of Pre-AIA or AIA Status
2. 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 Amendment
3. In response to the amendment received on 6/8/2026:
Claims 1 and 3-20 are pending in the current application. Claim 1 and 3 have been amended, Claim 2 is cancelled, and Claims 10-20 are newly added.
The rejection under 35 USC 102 is overcome in light of the amendment, but the cores of the previous prior art-based rejections have been maintained and rejections are modified to reflect new language. All changes made to the rejection are necessitated by the amendment.
Claim Interpretation
4. All “wherein” clauses are given patentable weight unless otherwise noted. Please see MPEP 2111.04 regarding optional claim language.
Claim Objections
5. Claim 15 is objected to because of the following informalities: “an one end face” seems awkward and would be better as “one end face” with the other claimed end face being e.g. “an opposing end face to the one end face” or the like. 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.
6. Claim 15 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 15 “the positive electrode tab and the negative electrode tab provided on an one end face of both the end faces of the body, and the positive electrode tab and the negative electrode tab provided on an other end face of both the end faces of the body are arranged in an inverted manner” but it is unclear what is meant by the positive electrode tab and the negative electrode tab provided on “an one end face of both the end faces of the body” and “an other end face of both the end faces of the battery”. Are the positive and negative electrodes provided e.g. on ONE OF the end faces including both end faces or is the claim defining end faces of each of the both end faces?
Claim Rejections - 35 USC § 103
6. Claims 1, 3-8, 12-15, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kim US PG Publication 2013/0115494 in view of Jeon US PG Publication 2021/0135182.
Regarding Claims 1 and 5, Kim discloses an energy storage device (rechargeable battery) 102 comprising an electrode assembly 10 formed by winding a plurality of plates (positive and negative electrodes 11/12 and separator 13, para 0039, Fig. 8), a case 120/130 of a rectangular parallelpiped shape long in a winding-axis direction X of the electrode assembly and which houses the electrode assembly (see direction X in Fig 2 of Kim), wherein the case is constructed by welding a lid (cap member) 130 and a case body (case) 120, the lid 130 being formed of a pair of short side surfaces of the case, the pair of short side surfaces facing each other in a winding-axis direction of the electrode assembly 10, and formed of another one surface of the case (131) which is not one of a pair of long sides surfaces of the case, and the case body is formed of three surfaces , except for the pair of short side surfaces and the other one surface (see entire disclosure and especially Figs 8-9 and paras 0064-0076).
Kim discloses wherein each electrode tab corresponds to a current collector and electrode terminal (see above) but Kim fails to specifically disclose wherein an electrode terminal is provided on each of the pair of short side surfaces, a positive electrode tab and a negative electrode tab are each provided as the tab on each of both of the end faces of the body and on each of the pair of short side surfaces of the lid, a positive electrode terminal and a positive current collector are provided corresponding to the positive electrode tab, and a negative electrode terminal and a negative current collector are provided corresponding to the negative electrode tab. However, in the same field of endeavor of energy storage device design, Jeon discloses battery cells that are designed to be used in conjunction with other cells to form a battery module to form a high power battery pack wherein cells have a positive and a negative tab on both opposing ends of the rectangular parallelpiped which allows the cells to be connected to one another to provide a high voltage device while e.g. minimizing resistance because distance between connected tabs is minimized (see at least paras 0056-0057 and Fig. 3). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to design the energy storage device of Kim such that an electrode terminal is provided on each of the pair of short side surfaces and a positive electrode tab and a negative electrode tab are each provided as the tab on each of both of the end faces of the body because Jeon teaches that this allows for the cells to be connected to one another to provide a high voltage device while e.g. minimizing resistance because distance between connected tabs is minimized. Further, this combination would result in modification of Kim such that on each of the pair of short side surfaces of the lid, a positive electrode terminal is provided corresponding to the positive electrode tab, and a negative electrode terminal is provided corresponding to the negative electrode tab. Although Kim modified by Jeon doesn’t specifically disclose wherein the respective current collectors are provided on the short side surfaces of the lid, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to provide the respective current collectors of Kim and Jeon on the short side surfaces of the lid in order to ensure the connections between the parts are secure and stable since the mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
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Regarding Claim 3, Kim discloses wherein the lid 130 is formed of a top surface (if the device 102 is positioned with e.g. 131 at the top) of the case as the other one surface, and the case body is formed of the pair of long side surfaces of the case and a bottom surface of the case as the three surfaces except for the other one surface. The designations of “top” and “bottom” are only based in this situation on relative orientation of modified Kim’s device since the claim has no other requirements that would prevent such interpretation.
Regarding Claim 4, modified Kim discloses in the above cited embodiment wherein the electrode assembly 10 includes a body long in the winding-axis direction and electrode uncoated regions 11a/12a at each of both end faces of the body in a winding-axis direction, but does not specifically disclose a tab protruding from each of both end faces of the body in the winding-axis direction. However, in another embodiment (Figs. 2-3, paras 0045-0049), Kim teaches that tabs 41 extend from the end surfaces of the current collectors of the electrode assemblies in order to attach to the terminals. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to include tabs protruding from each of both end faces of the body in the winding-axis direction in the previously described embodiment of Kim modified by Jeon because Kim teaches that this allows terminals to be connected to the electrode assemblies and the combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, A.).
Regarding Claim 6, because Jeon shows that the desired and effective arrangement of leads on the battery cell (which leads to the already-stated benefits) is such that the positive electrode tab and the negative electrode tab provide on one end face of both the end faces of the body and the positive electrode tab and the negative electrode tab provided on an other end face of both the end faces of the body are arranged in an inverted manner (see Fig. 3), it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to design the energy storage device of Kim such that the positive electrode tab and the negative electrode tab provide on one end face of both the end faces of the body and the positive electrode tab and the negative electrode tab provided on an other end face of both the end faces of the body are arranged in an inverted manner. The use of a known technique to improve similar devices (methods or products) in the same way is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, C.).
Regarding Claim 7, Kim discloses in Fig. 6 and paras 0060-0061 wherein the lid includes a reinforcing portion (electrode support part) 53 extending between the pair of short side surfaces to support the electrode assembly. Kim does not specifically recite that this part is bridged between the pair of side surfaces. However, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to design the reinforcing part of Kim such that it bridges the short side surfaces in order to maximize support to the electrode since a change in proportion or relative dimension is obvious in the absence of unexpected results. In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
Regarding Claim 8, the skilled artisan would understand that if the reinforcing portion 53 of Kim were provided continuously with the top portion of the lid as described above, this portion would be provided continuously with each of a pair of ends of a top surface of the case that are along the winding-axis direction (again, the use of “top” is relative to the orientation of the case). Such claimed provision of the portion as “continuously with each of a pair of ends of a top surface” does not require the portion to be ON a top surface such as an outside surface, for example. It just requires the surface to be facing upward. The phrasing also does not require the portion to be disposed directly ON such a surface since it is claimed as being “with” such a surface.
Regarding Claims 12 and 13, Kim discloses an energy storage device (rechargeable battery) 102 comprising an electrode assembly 10 formed by winding a plurality of plates (positive and negative electrodes 11/12 and separator 13, para 0039, Fig. 8), a case 120/130 of a rectangular parallelpiped shape which houses the electrode assembly (see direction X in Fig 2 of Kim), wherein the case is constructed by welding a lid (cap member) 130 and a case body (case) 120, the lid 130 is formed of a pair of short side surfaces of the case, the pair of short side surfaces facing each other in a winding-axis direction of the electrode assembly 10, and formed of another one surface of the case (131), and the case body is formed of three surfaces, except for the pair of short side surfaces and the other one surface, of the case (see entire disclosure and especially Figs 8-9 and paras 0064-0076), wherein the electrode assembly includes a body long in the winding-axis direction (see Figs).
Kim does not specifically disclose a tab protruding from each of both end faces of the body in the winding-axis direction. However, in another embodiment (Figs. 2-3, paras 0045-0049), Kim teaches that tabs 41 extend from the end surfaces of the current collectors of the electrode assemblies in order to attach to the terminals. Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to include tabs protruding from each of both end faces of the body in the winding-axis direction in the previously described embodiment of Kim because Kim teaches that this allows terminals to be connected to the electrode assemblies and the combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, A.).
Kim discloses wherein each electrode tab corresponds to a current collector and electrode terminal (see above) but Kim fails to specifically disclose wherein an electrode terminal is provided on each of the pair of short side surfaces, a positive electrode tab and a negative electrode tab are each provided as the tab on each of both of the end faces of the body and on each of the pair of short side surfaces of the lid, a positive electrode terminal and a positive current collector are provided corresponding to the positive electrode tab, and a negative electrode terminal and a negative current collector are provided corresponding to the negative electrode tab. However, in the same field of endeavor of energy storage device design, Jeon discloses battery cells that are designed to be used in conjunction with other cells to form a battery module to form a high power battery pack wherein cells have a positive and a negative tab on both opposing ends of the rectangular parallelpiped which allows the cells to be connected to one another to provide a high voltage device while e.g. minimizing resistance because distance between connected tabs is minimized (see at least paras 0056-0057 and Fig. 3). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to design the energy storage device of Kim such that an electrode terminal is provided on each of the pair of short side surfaces and a positive electrode tab and a negative electrode tab are each provided as the tab on each of both of the end faces of the body because Jeon teaches that this allows for the cells to be connected to one another to provide a high voltage device while e.g. minimizing resistance because distance between connected tabs is minimized. Further, this combination would result in modification of Kim such that on each of the pair of short side surfaces of the lid, a positive electrode terminal is provided corresponding to the positive electrode tab, and a negative electrode terminal is provided corresponding to the negative electrode tab (meeting Claim 13).
Although Kim modified by Jeon doesn’t specifically disclose wherein the respective current collectors are provided on the short side surfaces of the lid, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to provide the respective current collectors of Kim and Jeon on the short side surfaces of the lid in order to ensure the connections between the parts are secure and stable since the mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
Regarding Claim 14, Kim discloses wherein the lid is formed of a top surface of the case as the other one surface, and the case body is formed of a pair of long side surfaces of the case and a bottom surface of the case as the three surfaces except for the one other surface. See annotated Fig above.
Regarding Claim 15, Kim does not specifically disclose wherein the positive electrode tab and the negative electrode tab provided on one end face of both the end faces of the body and the positive electrode tab and the negative electrode tab provided on another end face of both the end faces of the body are arranged in an inverted manner. However, since Jeon teaches that a positive electrode and a negative electrode tabs are provided on an end face of each body, and teaches that the tabs are positionally inverted (see e.g. Fig 3 of Jeon), it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to design the device of Kim and Jeon such that wherein the positive electrode tab and the negative electrode tab provided on one end face of both the end faces of the body and the positive electrode tab and the negative electrode tab provided on another end face of both the end faces of the body are arranged in an inverted manner because Jeon teaches this configuration. The use of a known technique to improve similar devices (methods or products) in the same way is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, C.).
7. Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kim US PG Publication 2013/0115494 in view of Jeon US PG Publication 2021/0135182, as applied to Claim 1, and further in view of Okano JPH07176298.
Regarding Claims 9 and 18, Kim modified by Jeon discloses the claimed energy storage device as described in the rejection of Claim 1, which is incorporated herein in its entirety. Kim modified by Jeon fails to specifically disclose wherein stepped joint surfaces, superimposed to be assembled with each other, are formed on each of the case body and the lid. However, in the same field of endeavor of battery case design, Okano discloses wherein upper and lower case portions have joining surfaces that are formed with stepped shapes that allow them to fit tightly together without any gaps (see e.g. paras 0006-0007, 0009, Fig. 2). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to design the energy storage device of Kim and Jeon such that stepped joint surfaces, superimposed to be assembled with each other, are formed on each of the case body and the lid because Okano teaches that upper and lower case portions have joining surfaces that are formed with stepped shapes that allow them to fit tightly together without any gaps.
8. Claims 10-11 and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim US PG Publication 2013/0115494 in view of Jeon US PG Publication 2021/0135182, as applied to Claim 1, and further in view of Rhee US PG Publication 2022/0102818.
Regarding Claims 10-11 and 19-20, Kim modified by Jeon discloses the claimed energy storage device as described in the rejection of Claim 1, which is incorporated herein in its entirety. Kim modified by Jeon fails to specifically disclose wherein a length of the electrode assembly in the winding direction is 300 mm or more, or 500 mm or more and 1500 mm or less. However, in the same field of endeavor of battery design, Rhee discloses an electrode assembly (having the same length as an electrode plate; Fig 5) is designed to have a sufficient length of 400 mm or more and 2000 mm or less and that the length of the battery plate and assembly is optimized in increase energy density of the battery module/pack (para 0031, 0075, 0109). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to design the energy storage device of Kim modified by Jeon such that a length of the electrode assembly in the winding direction is 300 mm or more (Claim 10), or 500 mm or more and 1500 mm or less (Claim 11) because Rhee teaches that a secondary battery electrode assembly having a longer length (especially relative to the height) can improve the energy density of the battery.
9. Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over Kim US PG Publication 2013/0115494 in view of Jeon US PG Publication 2021/0135182, as applied to Claim 12, and further in view of Mizuguchi JPH10144273.
Regarding Claim 16, Kim modified by Jeon discloses the claimed energy storage device as described in the rejection of Claim 12, which is incorporated herein in its entirety. Kim modified by Jeon fails to specifically disclose the lid includes a reinforcing portion bridged between the pair of short side surfaces. However, in the same field of endeavor of battery design, Mizuguchi discloses a battery cell having a reinforcement portions (ribs) 111 along the casing 11 and lid reinforcement portions (ribs) 124 along the second casing 12 to strengthen the battery casing and to protect the battery from external pressure such that the lid is considered to have a reinforcing portion bridged between the pair of side surfaces since the reinforcing portion has ribs extending around the perimeter of the casing (see Figs and e.g. para 0011, 0026). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to design the energy storage device of Kim modified by Jeon to design the energy storage device such that the lid includes a reinforcing portion bridged between the pair of short side surfaces because Mizuguchi teaches that this structure provides protection of the battery from external pressure.
Regarding Claim 17, although Kim modified by Jeon and Mizuguchi does not specifically recite that the reinforcing portion is provided continuously with each of a pair of ends of a top surface of the case, the pair of ends being along the winding-axis direction, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to design the energy storage device of Kim modified by Jeon and Mizuguchi such that the reinforcing portion is provided continuously with each of a pair of ends of a top surface of the case, the pair of ends being along the winding-axis direction, in order to allow for more support and reinforcement (e.g. to prevent damage from external pressure) because the use of a known technique to improve similar devices (methods or products) in the same way is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, C.). With respect to the continuous provision of the reinforcing portion, the use of a one-piece, integrated construction instead of the structure disclosed or taught in the prior art would have been within the ambit of a person of ordinary skill in the art. See In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) (see MPEP § 2144.04).
Response to Arguments
10. Applicant's arguments with respect to the claims are based on the claims as amended. The amended claims have been addressed in the new rejection above.
Conclusion
11. 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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/LISA S PARK/Primary Examiner, Art Unit 1729
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