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.
Election/Restrictions
Applicant’s election with traverse of Group I: Claims 1-8 in the reply filed on July 10, 2026 is acknowledged. Claims 9-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim.
In response to applicant’s argument that Group I and Group II are related as "[a] product and a process specially adapted for the manufacture of said product," and therefore they qualify for the exemption to restriction as provided by 37 C.F.R. l.475(b)(l) (Remarks, page 2-3), the examiner respectfully disagrees. 37 CFR 1.475(b) is not an exemption from 37 CFR 1.475(a) (see MPEP 37 CFR 1.475). As provided in 37 CFR 1.475(a), the requirement of unity of invention can only be fulfilled if there is a same or corresponding special technical feature among the linked inventions. The office has shown that there is no special technical feature in claim 1 by providing prior art that anticipates claim 1, thus there is no common special technical feature linking claim 1 and claim 9. Therefore, the restriction requirement is maintained.
In response to applicant’s argument that there is no undue burden to examine all of the claims in the application, the examiner respectfully disagrees. An examiner examining all the claims is not evidence that there is no undue burden in the examination process. Therefore, the restriction is maintained.
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.
Claims 3-4 are 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 3: Claim 3 recites “at least one second sealing tape”. This phrase is indefinite because neither claim 3 nor the parent claim, claim 1, reference a “first” sealing tape. For the purposes of this examination, “at least one second sealing tape” will be interpreted as “at least one sealing tape”.
Claim 4 is rejected as it contains the same indefinite language as the parent claim.
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 1-3, 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Nishiie et al. (JP 2020198196 A).
Claim 1: Nishiie teaches an electrode body (20) (i.e., battery assembly) comprising a negative electrode (22), separator (23B) (i.e., first separator), a positive electrode (21) and a separator (23A) (i.e., second separator) stacked and wound in the longitudinal direction such that the negative electrode (22) is the outermost peripheral electrode [0014, 0089]; wherein the negative electrode comprises negative electrode active material layers (22B1 and 22B2) disposed on the inner side surface (22S1) and outer side surface (22S2) of the negative electrode current collector (22A) [0023], and the outermost periphery of the negative electrode (22) comprises a portion where both inner and outer surfaces of the negative electrode current collector (22A) are not provided with negative electrode active material and thus exposed (22D2) (i.e., non-coated portion) [0026, 0089] (Fig. 2).
Claims 2-3: Nishiie teaches the non-coated outer peripheral end of the negative electrode (22) is fixed with a winding stop tape (24) [0014, 0059, 0079].
Claim 8: Nishiie teaches a case (10), which is a battery can comprising a housing portion (11) that accommodates the electrode body (20) [0011], wherein the housing portion (11) has an opening covered by a lid portion (12),
wherein a top portion of an 11B of a wall portion of the accommodating portion (11) and a peripheral edge portion of the lid portion (12) are welded or joined by an adhesive (i.e., a cap assembly coupled to the opening of the can) [0012].
Claims 1-5, 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kobayashi et al. (US 20210005871 A1).
Claim 1: Kobayashi teaches a non-aqueous electrolyte secondary battery comprising a winding-type electrode group (14) including a positive electrode plate (11) and a negative electrode plate (12), and two separators (13), stacked and wound,
wherein one separator (13) (i.e., first separator) interposed between the positive and negative electrode [0030] and another separator (13) (i.e., second separator) disposed on the other side of the positive electrode (Fig. 3),
wherein the negative electrode plate (12) includes a single-sided active material region (12a) and a and a plain region (12c) (i.e., the first negative electrode non-coated portion) where no negative electrode active material layer is formed on both inside and outside surfaces of the negative electrode current collector (35) [0030],
wherein, the negative electrode current collector (35) is exposed on the entire surface of the outermost periphery of the electrode group (14) [0039],
and a combined portion of a plain region (12c) and the single-sided active material region (12a) in the negative electrode plate (12) has a length corresponding to one cycle or more [0036] (Fig. 3) (i.e., the first negative electrode non-coated region is wound around an outermost periphery of the battery).
Claim 2-5: Kobayashi further teaches two winding stop tapes (40) and (41) (i.e., sealing tapes) attached on the outermost peripheral surfaces at both end portions in the axial direction a of the electrode group (14) so as to secure (i.e., fix) a winding finish end (E) of the electrode group (14) onto the outermost peripheral surface of the electrode group (14) [0026] (Figs. 2-3).
Claim 8: Kobayashi further teaches the electrode group is housed in a case body (15) [0063], which is a bottomed circular cylindrical metallic container (i.e., a can) having an opening, wherein the case body (15) has a projecting portion (21) which supports a sealing assembly (16) such that the sealing assembly (16) seals the opening in the case body (15) [0028], wherein the sealing assembly (16) comprises a cap (26) (i.e., a cap assembly coupled to the opening of the can) [0027, 0029] (Fig.1).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi et al. (US 20210005871 A1) as applied to claim 2 above, and further in view of Li et al. (CN 207165694 U).
Claim 6: Kobayashi teaches the entire length of each tape in the circumferential
direction in the electrode group (14) is preferably substantially equal to or more than the perimeter (length of one cycle) of the outermost peripheral surface of the electrode
group (14) such that sealing tape that wraps around the electrode body wherein the ends of the tape can be overlapping or not overlapping (Figs. 3, 11) [0049]. Kobayashi does not teach a length of a long axis of the first sealing tape is within the range 10 mm to 30 mm. However, Li teaches a cylindrical lithium ion battery comprising a winding core wherein the, the negative electrode sheet is at the winding end, and the upper and lower positions of the negative electrode sheet are covered with an expansion tape (5) (i.e., sealing tape), (Page 2 para 4), wherein the width of the expansion tape is 9mm and the length of the expansion tape (i.e., a length of a long axis of the first sealing tape) is 25-50 mm (Page 2 para 5). Li does not identically teach the range 10 mm to 30 mm. However, overlapping ranges have been held in a case of obviousness (see MPEP 2144.05.I). Therefore, it would have been obvious to one of ordinary skill in the art at the time of filling the instant invention to have modified Kobayashi’s battery assembly by using a sealing tape that is 30 mm long because Li teaches such is a functional length of a sealing tape in a battery.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi et al. (US 20210005871 A1) as applied to claim 1 above, and further in view of Guo et al. (US 20190089005 A1).
Claim 7: Kobayashi teaches a non-coated portion at the winding end of the negative electrode as described above. Kobayashi does not teach a non-coated portion at the winding start portion of the negative electrode. However, Guo teaches a wound-type electrode assembly includes a negative electrode plate [0063, 0064] as a first electrode plate (1) [0006, 0029], wherein two surfaces of the first current collector (11) of the first winding start section (B1) of the first electrode plate are not coated with first active substance layer and defined as a first start blank current collector, wherein a first electrode tab (2) is fixed to the first start blank current collector [0008]. Therefore, it would have been obvious to one of ordinary skill in the art at the time of filling the instant invention to have modified Kobayashi’s negative electrode by providing a non-coated portion of the winding start and install an electrode tab onto the blank current collector because Guo teaches such is an operable configuration.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Son et al. (US 20080233474 A1) teaches a rechargeable battery wherein the separator (114) extending outwardly from the upper end of the electrode jelly roll (110) is fixed by the upper tape (140), to prevent the separator (114) from shrinking in a longitudinal(vertical) direction or in a horizontal direction due to the heat caused by charging or discharging of the battery. Accordingly, an electrical short between the first electrode plate 113 and the second electrode plate 115 is prevented. Therefore, the safety of the rechargeable battery can be improved by preventing the firing due to electrical shorts between the electrode plates [0066].
Baek et al. (US 20100255357 A1) teaches a conductive tape (110) that prevents the wound end of the jelly-roll from unwinding during the assembly of the battery and/or during the charge and discharge of the battery wherein the conductive tape 110 has a length greater, by length a, than the length b of the active material non-coated portion 120 [0044].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINAH RUSERE whose telephone number is (571)272-9954. The examiner can normally be reached Mon-Fri 8:00-5:00 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael Cleveland can be reached at 571-272-1418. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/L.N.R./Examiner, Art Unit 1712
/MICHAEL B CLEVELAND/Supervisory Patent Examiner, Art Unit 1712
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