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 .
Status of Claims
Applicant’s amendment and arguments, filed 08/10/2026, have been fully considered. Claim(s) 1 and 11 is/are amended; and claim(s) 2–10 and 12–15 stand(s) as originally or previously presented; no new matter has been added. Examiner affirms that the original disclosure provides adequate support for the amendment.
Upon considering said amendment and arguments, the previous 35 U.S.C. 112(b) and 103 rejections have been withdrawn. Applicant’s amendment necessitated the new grounds of rejection below.
Claim Objections
Applicant is recommended to amend claim 10 as follows: in lines 3–5, “the positive electrode tab is electrically connected … between the another third insulating member and the another further insulating member” should read “the positive electrode tab is electrically connected … between the another third insulating member and the another fourth insulating member” for consistent recitation based on parent claim 8’s “another fourth insulating member”. Such appears definite because one skilled in the art would have readily determined that “another further insulating member” in “between the another third insulating member and the another further insulating member” was meant to reference claim 8’s “another fourth insulating member” because such would be the only possible reference for the “another further insulating member” given the recitation of “between” the third insulating member and the fourth insulating member.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The text forming the basis for the rejection under 35 U.S.C. 112(b) may be found in a prior Office Action.
Claims 11–15 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 11 recites “a first electrode and a second electrode tab having different polarities … the first electrode tab being entirely on one side of the first end of the electrode assembly” (lines 2–5). There is insufficient antecedent basis for “the first electrode tab” because the claim does not positively require a first tab but merely “a first electrode”, which would not inherently include sufficient antecedent basis for “the first electrode tab” if the first electrode were tabless. Thus, it is unclear if “the first electrode tab” is meant to further limit “the first electrode” or introduce a separate component.
Instant fig. 3 depicts a first electrode tab (e.g., anode tab 11b or cathode tab 13b) at one longitudinal end of the electrode assembly and a second electrode tab (the other of 11b or 13b) at the opposite longitudinal end. Thus, for this Office Action claim 11 will be interpreted to require “a first electrode tab and a second electrode tab having different polarities … the first electrode tab being entirely on one side of the first end of the electrode assembly”, which appears consistent with fig. 3.
The dependent claims fail to correct this deficiency and are rejected likewise. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text forming the basis for the rejection under 35 U.S.C. 103 may be found in a prior Office Action.
Claim(s) 1–4, 11, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitao et al. (JP 2001015167 A, with mach. translation) in view of Wong et al. (US 20200091468 A1).
Regarding claim 1, Kitao discloses a secondary battery (e.g., ¶ 0018) comprising (per annot. fig. 2 below) an electrode assembly (2) comprising a negative electrode tab at one end (3) and a positive electrode tab at another end (opposite end, e.g., fig. 1); a case accommodating the electrode assembly and having open ends opposite each other (cylinder 11); a negative electrode-side cap assembly (cap plate plus terminal) comprising a first cap plate coupled to one end of the case (cap plate) and a negative electrode terminal on the first cap plate (TPin/TPlate) and electrically connected to the negative electrode tab (necessarily via fixing to tab 3, ¶ 0024); and a positive electrode-side cap assembly comprising a second cap plate coupled to another end of the case and a positive electrode terminal on the second cap plate and electrically connected to the positive electrode tab (by including identical structure on opposite side), wherein a liquid injection port at at least the first cap plate and near a first end of at least the first cap plate opposite to a second end (port 17 below near right end of cap 12 opposite to left end).
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Per the figure, Kitao further discloses a centralized tab-terminal connection adjacent the injection port (17) at an end of the first cap plate, as well as multiple tabs (3). Yet, while not appearing limited to a centralized tab and terminal as well as multiple tabs as long as the desired electrical connection and external output is achieved (e.g., ¶ 0021), Kitao fails to explicitly disclose that the liquid injection port is near the first end of at least the first cap plate and opposite to the second end under which the corresponding negative electrode tab is entirely arranged, wherein none of a corresponding negative electrode or positive electrode tab is under the first end of at least the first cap plate.
Wong teaches an analogous cylindrical battery (e.g., fig. 1) in which the terminal/polarity layer 140 (and tab 190) are off-centered (annot. fig. 1 below; see also similar embodiment in figs. 2 and 3 and ¶ 0051). Wong teaches that such allows easier automated detection of the battery and can increase accuracy of assembly and installation in a battery pack of an EV (¶ 0051). Additionally, Wong teaches that the lid 130 and terminal 140 can electrically couple with the electrode assembly/electrolyte 125 via one or more tabs (¶ 0028 and as seen below).
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As Kitao further recognizes the battery as an EV power source (e.g., ¶ 0006), it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to offset Kitao’s terminal/tab structure from the center of Kitao’s first cap plate with the reasonable expectation of allowing easier automated detection and increased accuracy of assembly and installation in a battery pack of an EV, as taught by Wong. Further, as Wong demonstrates, such would still allow successful electrical connection and output and, thus, would merely constitute an obvious design choice involving a rearrangement of parts while maintaining the device’s operation. Moreover, when shifting Kitao’s terminal, the skilled artisan would recognize that only two options exist: the terminal could shift to the right end in Kitao’s fig. 2—and, thus, toward the electrolyte port—or to the left end away from the port. In exploring suitable configurations of the offset terminal, then, it would have been obvious to routinely explore shifting the terminal to Kitao’s left/second end opposite to electrolyte port near the first end with the reasonable expectation of achieving a successful terminal and electrical connection and output (MPEP 2143 (E.)).
Finally, as Wong recognizes the equivalence of one or multiple tabs, it would have been obvious to routinely substitute Kitao’s multiple tabs for Wong’s single tab beneath the offset terminal with the reasonable expectation of maintaining successful electrical connection and output as an additionally obvious design choice.
Thus, modified Kitao would disclose or render obvious that the liquid injection port is near the first end of at least the first cap plate and opposite to the second end under which the corresponding negative electrode tab is entirely arranged (by adopting Wang’s offset terminal with offset single tab, which, when incorporated into Kitao, would be entirely under Kitao’s “second end” opposite to port near Kitao’s “first end”), wherein none of a corresponding negative electrode or positive electrode tab is under the first end of at least the first cap plate (by being entirely under Kitao’s second end, as explained above).
Regarding claims 2 and 3, modified Kitao discloses the secondary battery of claim 1, wherein the negative electrode tab and the positive electrode tab are located at respective ends of the electrode assembly in a longitudinal direction of a winding shaft (Kitao’s fig. 1), wherein the case has both ends open in the longitudinal direction (Id.).
Regarding claim 4, modified Kitao discloses the secondary battery of claim 3, wherein the negative electrode terminal comprises a first terminal plate configured to be electrically connected to a first external terminal (Kitao’s TPlate (washer 81) necessarily configured to be electrically connected to an external terminal for external output), a first current collector electrically connected to the negative electrode tab (Ni screw 55 of Kitao’s ¶ 0028 and fig. 2), and a first terminal pin coupled to the first current collector and the first terminal plate (Kitao’s TPin (terminal pin 5), fig. 2) and electrically connecting the first current collector and the first terminal plate (necessarily as all parts are metallic; see Kitao’s ¶ 0019 and 0028),
and wherein the positive electrode terminal comprises a second terminal plate configured to be electrically connected to a second external terminal, a second current collector electrically connected to the positive electrode tab, and a second terminal pin coupled to the second current collector and the second terminal plate and electrically connecting the second current collector and the second terminal plate (by including same structure but on opposite end, as in Kitao’s fig. 1).
Regarding claim 11, Kitao discloses a secondary battery (e.g., ¶ 0018) comprising (per annot. fig. 2 above) an electrode assembly (2) comprising a first electrode tab and a second electrode tab having different polarities and located at respective first and second ends of the electrode assembly in a longitudinal direction (tabs 3 (e.g., neg. electrode tab could be first tab and pos. electrode tab could be second tab) on opposite ends of ref. 2); a case accommodating the electrode assembly and having openings at both ends in a longitudinal direction of the case (cylinder 11; see also fig. 2);
and a pair of cap assemblies coupled to open ends of the case, respectively (cap plates plus terminals on each end, figs. 1 and 2), wherein at least one of the cap assemblies comprises: a cap plate coupled to a corresponding one of the open ends of the case (fig. 2), a terminal on the cap plate (fig. 2) and electrically connected to a corresponding one of the electrode tabs (necessarily via tabs’ fixing to screw 55/terminal 5), and a plurality of insulating members comprising an insulating material (insulating packing members 71 and 7; see also ¶ 0005/0027).
Per annot. fig. 2, Kitao further exemplifies a centralized tab-terminal connection, a liquid injection port (17) at an end of the cap plate, as well as multiple tabs (3), yet, while not appearing limited to a centralized tab/terminal as well as well as multiple tabs as long as the desired electrical connection and external output is achieved (e.g., ¶ 0021), Kitao fails to explicitly disclose that the first electrode tab is entirely on one side of the electrode assembly with respect to a longitudinal axis of the electrode assembly, as well as that the liquid injection port is located at an end farther from the terminal, wherein the first electrode that is entirely on one side of the first end of the electrode assembly forms the entire electrical connection between the electrode assembly and a respective one of the cap assemblies.
Wong teaches an analogous cylindrical battery (e.g., fig. 1) in which the terminal/polarity layer 140 (and tab 190) are off-centered (annot. fig. 1 above; see also similar embodiment in figs. 2 and 3 and ¶ 0051). Wong teaches that such allows easier automated detection of the battery and can increase accuracy of assembly and installation in a battery pack of an EV (¶ 0051). Additionally, Wong teaches that the lid 130 and terminal 140 can electrically couple with the electrode assembly/electrolyte 125 via one or more tabs (¶ 0028 and as seen above in annot. fig. 1).
As Kitao further recognizes the battery as an EV power source (e.g., ¶ 0006), it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to offset Kitao’s terminal/tab structure from the center of Kitao’s first cap plate with the reasonable expectation of allowing easier automated detection and increased accuracy of assembly and installation in a battery pack of an EV, as taught by Wong. Further, as Wong demonstrates, such would still allow successful electrical connection and output and, thus, would merely constitute an obvious design choice involving a rearrangement of parts while maintaining the device’s operation. Moreover, when shifting Kitao’s terminal, the skilled artisan would recognize that only two options exist: the terminal could shift to the right end in Kitao’s fig. 2—and, thus, toward the electrolyte port—or to the left end away from the port. In exploring suitable configurations of the offset terminal, then, it would have been obvious to routinely explore shifting the terminal to Kitao’s left/second end opposite to electrolyte port near the first end with the reasonable expectation of achieving a successful terminal and electrical connection and output (MPEP 2143 (E.)).
Finally, as Wong recognizes the equivalence of one or multiple tabs, it would have been obvious to routinely substitute Kitao’s multiple tabs for Wong’s single tab beneath the offset terminal with the reasonable expectation of maintaining successful electrical connection and output as an additionally obvious design choice.
Thus, modified Kitao would disclose or render obvious that the first electrode tab is entirely on one side of the electrode assembly with respect to a longitudinal axis of the electrode assembly (i.e., when incorporated into Kitao, the tab would be one lateral half of the electrode assembly’s longitudinal axis, akin to Wong’s fig. 1), as well as that the liquid injection port is located at an end farther from the terminal (per above), wherein the first electrode that is entirely on one side of the first end of the electrode assembly forms the entire electrical connection between the electrode assembly and a respective one of the cap assemblies (via the single tab, as seen in Wong’s fig. 1 and ¶ 0028).
Regarding claim 12, modified Kitao discloses the secondary battery of claim 11, wherein the terminal comprises a terminal plate configured to be electrically connected to an external terminal (TPlate in annot. fig. 2 of Kitao, necessarily configured to be electrically connected to an external terminal for external output), a current collector electrically connected to the corresponding one of the electrode tabs (Ni screw 55 fixed to tabs 3 and, thus, electrically connected in Kitao’s fig. 2), and a terminal pin coupled to the current collector and the terminal plate (Kitao’s TPin (terminal pin 5), fig. 2) and electrically connecting the current collector and the terminal plate (necessarily, as all parts are metallic; see also Kitao’s ¶ 0019 and 0028).
Claim(s) 5–10 and 13–15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitao et al. (JP 2001015167 A, with mach. translation) in view of Wong et al. (US 20200091468 A1), as applied to claims 4 and 12, further in view of Urano et al. (US 20060073382 A1).
Regarding claims 5 and 8, modified Kitao discloses the secondary battery of claim 4, wherein each of the positive electrode-side cap assembly and the negative electrode-side cap assemblies comprises (per Kitao’s annot. fig. 2 (and note identical structure for each cap assembly in Kitao’s fig. 1)) a first insulating member comprising an insulating material and located between a corresponding one of the first and second terminal plates and a corresponding one of the first and second cap plates (insulating packing member 71; see also Kitao’s ¶ 0005/0027), a second insulating member comprising an insulating material and located between a corresponding one of the first and second terminal pins and the corresponding one of the first and second cap plates (packing member 7), a third insulating member comprising an insulating material and located between the corresponding one of the first and second cap plates and the electrode assembly (Kitao’s insulator 62; see also Kitao’s ¶ 0012).
However, despite Kitao’s further desiring adequate insulation between the electrode assembly and cap to mitigate active-material peeling from external vibration (¶ 0010), modified Kitao fails to further disclose that each cap assembly further includes a fourth insulator between the third insulator and electrode assembly.
Urano, in teaching an analogous battery (Title), teaches insulating plate 5 directly above electrode assembly 2 and beneath insulator 22/23/25 (e.g., fig. 1), where the insulating plate includes a slot 20 through which the electrode assembly’s lead 7 extends (fig. 1). Urano teaches that if the battery suffers longitudinal impact from dropping, this insulating plate prevents the electrode assembly’s upper surface from deforming, which prevents short-circuiting (¶ 0016).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Urano’s slotted insulating plate above each end of Kitao’s electrode assembly and extend Kitao’s tabs through each plate’s slot with the reasonable expectation of protecting the electrode assembly from deformation and short-circuiting due to dropping the battery, as taught by Urano.
Thus, modified Kitao would disclose a fourth insulating member made of an insulating material disposed between the third insulating member and the electrode assembly (Urano’s plate, which would be between Kitao’s insulator 62 and electrode assembly).
Regarding claims 6, 7, 9, and 10, modified Kitao discloses the secondary battery of claim 5, wherein each of the the fourth insulating members has a slit into which the negative electrode tab or the positive electrode tab is inserted (Urano’s slots 20, meeting claims 6 and 9), wherein the negative electrode tab or the positive electrode tab is electrically connected to a corresponding one of the first and second current collectors between the third insulating member and the fourth insulating member (claim 7), or the negative electrode tab is electrically connected to the first current collector between the third insulating member and the fourth insulating member, and the positive electrode tab is electrically connected to the second current collector between the another third insulating member and the another fourth insulating member (claim 10) (per Kitao’s annot. fig. 2, when incorporating Urano’s insulating plate, the tabs would connect to screw 55 between Urano’s plate and Kitao’s insulator 62; compare to substantially similar instant fig. 4A).
Regarding claim 13, modified Kitao discloses the secondary battery of claim 12, wherein the plurality of insulating members comprises a first insulating member between the terminal plate and the cap plate (Kitao’s insulating packing member 71 in fig. 2 and ¶ 0005/0027), a second insulating member between the terminal pin and the cap plate (Kitao’s insulating packing member 7, Id.), and a third insulating member a third insulating member between the cap plate and the electrode assembly (Kitao’s insulator 62 in fig. 2 and ¶ 0012).
However, despite Kitao’s further desiring adequate insulation between the electrode assembly and cap to mitigate active-material peeling from external vibration (¶ 0010), modified Kitao fails to explicitly disclose a fourth insulator between the third insulator and electrode assembly.
Urano, in teaching an analogous battery (Title), teaches insulating plate 5 directly above electrode assembly 2 and beneath insulator 22/23/25 (e.g., fig. 1), where the insulating plate includes a slot 20 through which the electrode assembly’s lead 7 extends (fig. 1). Urano teaches that if the battery suffers longitudinal impact from dropping, this insulating plate prevents the electrode assembly’s upper surface from deforming, which prevents short-circuiting (¶ 0016).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate Urano’s slotted insulating plate above each end of Kitao’s electrode assembly and extend Kitao’s tabs through each plate’s slot with the reasonable expectation of protecting the electrode assembly from deformation and short-circuiting due to dropping the battery, as taught by Urano.
Thus, modified Kitao would disclose a fourth insulating member made of an insulating material disposed between the third insulating member and the electrode assembly (Urano’s plate, which would be between Kitao’s insulator 62 and electrode assembly).
Regarding claims 14 and 15, modified Kitao discloses the secondary battery of claim 13, wherein the fourth insulating member has a slit into which the corresponding one of the electrode tabs is inserted (Urano’s slot 20), wherein the corresponding one of the electrode tabs is electrically connected to the current collector between the third insulating member and the fourth insulating member (per Kitao’s annot. fig. 2, when incorporating Urano’s insulating plate, the tabs would connect to screw 55 between Urano’s plate and Kitao’s insulator 62).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 11 have been fully considered. Applicant’s amendment overcame the previous 35 U.S.C. 103 rejection—which, as noted above, has been withdrawn—and necessitated the new grounds of rejection citing the new reference(s) Wong, as established above. Examiner respectfully disagrees with Applicant’s arguments against Kitao and that would be relevant to Wong as follows:
Applicant argues that Kitao, if modified as proposed, would encounter the issue the instant application aims to solve: a lengthy and complex tab design with at least some of the tabs extending across the exposed end of the electrode assembly from one end to another, increasing dead space and reducing storage efficiency. For this reason, Applicant asserts that by moving the tabs to directly correspond to an offset terminal, they can be directly connected with minimal dead space and complexity. Examiner respectfully disagrees that Kitao would encounter the same issue because Wong appears to establish one or a plurality of tabs—directly corresponding to the offset terminal (fig. 1)—as equivalent design choices for electrically coupling the electrode assembly to the terminal (¶ 0028). Thus, in substituting Kitao’s multiple tabs for Wong’s single tab, such would seemingly avoid the above issues while also maintaining electrical connection and output. Such is important because Kitao does not appear strictly bound to multiple tabs (as Kitao’s inventiveness is in the insulation between the electrode assembly and cap plate, as seen in, e.g., ¶ 0008–0012) as long as power is able to be drawn out through the terminal from the electrode assembly (¶ 0021), which Wong’s structure still enables.
Moreover, Applicant’s effect of minimizing dead space and complexity, based on the instant spec.’s ¶ 0070, appears to stem from merely including two, longitudinally opposed terminals rather than specifically the offsetting of either tab/terminal structure. As Kitao is the primary reference and already recognizes longitudinally opposite terminals, it seems that Applicant would need to show unexpected results based on a different feature (see MPEP 716.02(e), where unexpected results must compare to the closest prior art). Examiner further notes that Kitao’s inventiveness designs the insulation to not increase the battery’s weight and, thus, similarly maintains energy density (e.g., ¶ 0011), so it is unclear that such efficiency considerations are unexpected. Thus, this argument is unpersuasive.
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/J.S.M./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 10/13/2026
