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 11/06/2025, have been fully considered. Claim(s) 5, 11, 14, and 15 is/are amended; and claim(s) 1–4, 6–10, 12, and 13 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 claim objections as well as 35 U.S.C. 112(b) rejection set forth in the Office Action mailed 08/22/25 have been withdrawn, but the pending 35 U.S.C. 103 rejection has been maintained and altered as necessitated by Applicant’s amendment, as set forth below.
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) (Kitao) in view of Dewulf et al. (US 20170117575 A1) (Dewulf).
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).
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Per the figure, Kitao further discloses a centralized tab-terminal connection, as well as a liquid injection port (17) at an end of the cap plate, yet, while not appearing limited to a centralized tab and terminal to achieve the desired electrical connection, fails to explicitly disclose that the liquid injection port is at at least one of the first and second cap plates near an end farther from the negative electrode tab or the positive electrode tab.
Dewulf, in teaching a cylindrical battery (FIG. 8A–C), teaches arranging the terminals—each of which is respectively welded to the electrode assembly (FIGS. 5, 6) and, thus, would correspond to Kitao’s tab-terminal connection—at the center of each cap plate (FIG. 8B) or offset from center (FIG. 8C).
Dewulf and Kitao are analogous prior art to the claimed invention because they pertain to the same field of endeavor, namely terminal structures in batteries.
As Dewulf recognizes the equivalence of centered and offset terminals/tab structures, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to routinely offset Kitao’s terminal-tab structure—so that the liquid port would be near an end farther from the tab—as taught by Dewulf, with the reasonable expectation of achieving successful electrical connection and suitable terminal output, as suggested by Dewulf. Moreover, such would amount to a simple repositioning as a matter of design choice, which, per MPEP 2144.04 (IV.)(C.), is generally prima facie obvious absent unexpected results or modification to the device’s operation, which, here, would not appear to occur because the terminal and tab are merely shifted laterally while maintaining connection to the electrode assembly.
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), which would necessarily be configured to be electrically connected to an external terminal such as a busbar because such is the terminal’s purpose), 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 electrode tabs having different polarities located at respective ends of the electrode assembly in a longitudinal direction (tabs 3 on opposite ends); 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, as well as a liquid injection port (17) at an end of the cap plate, yet, while not appearing limited to a centralized tab and terminal to achieve the desired electrical connection, fails to explicitly disclose at least one of the electrode tabs being on one side of the respective end 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.
Dewulf, in teaching a cylindrical battery (FIG. 8A–C), teaches arranging the terminals—each of which is respectively welded to the electrode assembly (FIGS. 5, 6) and, thus, would correspond to Kitao’s tab-terminal connection—at the center of each cap plate (FIG. 8B) or offset from center based on the case’s longitudinal direction (FIG. 8C).
Dewulf and Kitao are analogous prior art to the claimed invention because they pertain to the same field of endeavor, namely terminal structures in batteries.
As Dewulf recognizes the equivalence of centered and offset terminals/tab structures, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to routinely offset Kitao’s terminal-tab structure—so that at least one tab would be on one side of the respective end of the electrode assembly with respect to a longitudinal axis of the electrode assembly, and the liquid port would be near an end farther from the terminal—as taught by Dewulf, with the reasonable expectation of achieving successful electrical connection and suitable terminal output, as suggested by Dewulf. Moreover, such would amount to a simple repositioning as a matter of design choice, which, per MPEP 2144.04 (VI.)(C.), is generally prima facie obvious absent unexpected results or modification to the device’s operation, which, here, would not appear to occur because the terminal and tab are merely shifted laterally while maintaining connection to the electrode assembly.
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, which would necessarily be configured to be electrically connected to an external terminal such as a busbar because such is the terminal’s purpose), 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) (Kitao) in view of Dewulf et al. (US 20170117575 A1) (Dewulf), as applied to claims 4 and 12, further in view of Urano et al. (US 20060073382 A1) (Urano).
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, 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 a 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).
Urano is analogous prior art to the claimed invention because they pertain to the same field of endeavor, namely battery insulation.
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, as taught by Urano, 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 the fourth insulating member has a slit into which the negative electrode tab or the positive electrode tab is inserted (Urano’s slot 20), 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, modified Kitao fails to explicitly disclose a fourth insulator between the third insulator and electrode assembly.
Urano, in teaching a 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).
Urano is analogous prior art to the claimed invention because they pertain to the same field of endeavor, namely battery insulation.
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, as taught by Urano, 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 but are unpersuasive.
Applicant argues that because the tabs are centered on opposing ends of the cylindrical electrode body 2 and centered with respect to the lid 12, as well as extend from the entire exposed end of the electrode body, the liquid injection port 17 could not be “near an end farther from the … tab”. Examiner respectfully disagrees and observes that claims 1 and 11 only require the port to be farther from one tab. As annotated from Kitao’s fig. 2, then, at least the tab on the left side (denoted “tab” above), once shifted laterally farther left alongside the terminal (per DeWulf), would appear to make the port be “near an end farther from the tab.” Although Applicant argues that because the electrode body and lid are cylindrical such that there is no point where the port could be near an end farther from the tab, if viewing Kitao’s battery in plan after shifting the terminal laterally (per DeWulf), the terminal (and tab) would seem to be on one side/end of the cap, while the port would be at the laterally opposite end and, thus, appear to meet the claims.
Applicant argues that even if the terminal were shifted as DeWulf suggests, such would not change Kitao’s tabs’ structure because the tabs would still extend from the entire exposed end of the electrode body but still meet the terminal 5 at a different location, and the port would still be aligned over at least a portion of the tabs. Again, Examiner notes that, regardless of all of Kitao’s tabs’ respective positionings, the port must only be farther from one tab—the denoted tab above—whose terminal-connection point would seem to also shift laterally with the terminal so that both the tab and terminal would be farther from the port, as discussed above.
Applicant then argues that DeWulf suggests omitting the tab by welding the electrode assembly directly to the terminal. Though DeWulf omits the tab and, thus, would make an unsuitable primary reference, Examiner respectfully submits that DeWulf was only used to demonstrate 1) that one skilled in the art would reasonably expect successful output from shifting the terminal laterally and that 2) when doing so, the location at which the terminal connects to the electrode assembly—which occurs in Kitao through the tab—must necessarily shift with the terminal so that Kitao’s port would reasonably be “near an end farther from the … tab” (see also MPEP 2145 (IV), where one cannot rebut obviousness by attacking references individually when the rejection is based on the references’ combination; rather, the test for obviousness is whether the claimed invention as a whole would have been obvious based on the prior art’s suggestions to one skilled in the art). Indeed, Examiner submits that one ordinarily skilled, in also being one of ordinary creativity (MPEP 2143), would be able to infer the constructive measures to work within and modify Kitao’s structure based on DeWulf’s suggestions. 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 1/14/2026
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