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 04/29/26, have been fully considered. Claim(s) 1, 8, and 13 is/are amended; claim(s) 5, 6, and 10–12 stand(s) as originally or previously presented; claim(s) 2–4, 7, 9, and 14–24 are canceled; and claims 25 and 26 are added without entering new matter. 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objections as well as 35 U.S.C. 112(b) and 103 rejections, set forth in the Office Action mailed 02/17/26, have been withdrawn. Applicant’s amendment necessitated the new grounds of rejection below.
Claim Objections
The claims are objected to for the following informalities:
In claim 5, the status identifier should change from “(Original)” to “(Currently Amended)” because claim 5 was amended to depend from claim 1 versus from canceled claim 4.
In claim 10, lines 1–5, “the negative electrode-side cap assembly comprises a second insulating member … a third insulating member … and a fourth insulating member” is suggested to read “the negative electrode-side cap assembly comprises [[a]] the second insulating member … [[a]] the third insulating member … and [[a]] the fourth insulating member” for proper antecedence from claim 1.
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 12 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 12 recites “recites “the negative electrode tab is electrically connected to the first current collector between the third insulating member and the fourth insulating member, or the positive electrode tab is electrically connected to the second current collector between the another third insulating member and the another fourth insulating member” (lines 1–5). The intended scope is unclear because parent claim 1 requires “a first current collector electrically connected to the negative electrode tab” (lines 19 and 20) as well as “the negative electrode tab or the positive electrode tab is electrically connected to a corresponding one of the current collectors between the third insulating member and the fourth insulating member” (lines 43–45).
Such presents multiple, ambiguous scenarios: one where claim 12 is redundant (i.e., “the negative electrode tab is electrically connected to the first current collector between the third insulating member and the fourth insulating member”, which claim 1 already requires) or one where claim 12 appears to present a mutually exclusive limitation (i.e., “the positive electrode tab is electrically connected to the second current collector between the another third insulating member and the another fourth insulating member”) relative to claim 1’s “positive electrode tab is electrically connected to a corresponding one of the current collectors between the third insulating member and the fourth insulating member” (i.e., the two limitations defining the positive tab’s connection appear mutually exclusive such that it is unclear if claim 12 is meant to further limit claim 1’s “positive electrode tab is electrically connected to a corresponding one of the current collectors between the third insulating member and the fourth insulating member”).
For this Office Action claim 12 will be interpreted to require either that “the negative electrode tab is electrically connected to the first current collector between the third insulating member and the fourth insulating member”, or “the positive electrode tab is electrically connected to the second current collector between the another third insulating member and the another fourth insulating member”, consistent with claims 1 and 12.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 12 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 12 recites “the negative electrode tab is electrically connected to the first current collector between the third insulating member and the fourth insulating member, or the positive electrode tab is electrically connected to the second current collector between the another third insulating member and the another fourth insulating member” (lines 1–5). As parent claim 1 recites “a first current collector electrically connected to the negative electrode tab” (lines 19 and 20) as well as “the negative electrode tab or the positive electrode tab is electrically connected to a corresponding one of the current collectors between the third insulating member and the fourth insulating member” (lines 43–45), it is unclear that claim 12 further limits claim 1 given claim 12 presents alternative recitations (via “or”) and, thus, could stand alone as “the negative electrode tab is electrically connected to the first current collector between the third insulating member and the fourth insulating member”, which appears identical to claim 1’s scope. See above for claim interpretation.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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, 5, 6, 8, 10–13, 25, and 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kitao et al. (JP 2001015167 A, with machine translation from 09/10/25 IDS) (Kitao) in view of Chen et al. (US 20210359365 A1, from 05/13/25 PTO-892) (Chen), DeWulf et al. (US 20170117575 A1, from 09/10/25 IDS) (DeWulf), and Urano et al. (US 20060073382 A1, from 09/10/25 IDS) (Urano).
Regarding claims 1 and 13, Kitao discloses a secondary battery (LIB, ¶ 0018 and annot. fig. 2 below) comprising (per annot. fig. 2) an electrode assembly (2) comprising a negative electrode tab at one end (3) and a positive electrode tab at another end (opposite 3; see also fig. 1); a case (1) accommodating the electrode assembly and having open ends opposite each other (necessarily for terminals to be disposed); and a pair of cap assemblies coupled to respective ones of the open ends of the case (lids 12 + terminals 5/8), wherein
the cap assemblies comprise a negative electrode-side cap assembly (NECA) comprising a first cap plate coupled to one end of the case (lid 12) and a negative electrode terminal (5/8) on the first cap plate and electrically connected to the negative electrode tab (necessarily for external output and via fixing to flanged part 51 of terminal); and a positive electrode-side cap assembly comprising a second cap plate (opposite lid 12) coupled to another end of the case and a positive electrode terminal (opposite terminal 5/8) on the second cap plate and electrically connected to the positive electrode tab (via opposing flange 51), and
wherein the negative electrode terminal comprises a first terminal plate (nut 8) to be electrically connected to an external terminal (again, necessarily configured as such for external output), a first current collector electrically connected to the negative electrode tab (screw 55), a first terminal pin coupled to the first current collector and the first terminal plate (pin 5) and electrically connecting the first current collector and the first terminal plate (necessarily for output given all parts are coupled fasteners), and a first insulating member comprising an insulating material interposed between the first cap plate and the first terminal plate (e.g., insulator 81/I1).
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As seem above, Kitao exemplifies terminal plate and insulators atop the cap plate yet, while not appearing strictly limited to this configuration, Kitao fails to explicitly disclose that a plate surface opposite to the electrode assembly of at least one of the cap plates of the negative electrode-side cap assembly and the positive electrode-side cap assembly has a stepped structure, wherein the stepped structure of the first cap plate is a groove in which the first terminal plate and the first insulating member are seated, wherein the first insulating member surrounds a lower surface and a portion of side surfaces extending from the lower surface of the first terminal plate.
Chen teaches an analogous cylindrical battery with longitudinally opposed terminals (e.g., fig. 6). Chen teaches that the terminal and underlying insulator may sit atop the cap plate (e.g., fig. 6, 11, 16) or sit in a groove as a stepped structure within the cap plate, where the insulator surrounds a lower surface and side surfaces extending from the lower surface of the terminal plate (fig. 34).
As Chen recognizes the equivalence of seating the terminal and supporting insulator atop as well as within a stepped groove of the cap plate, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to routinely substitute Kitao’s configuration with the terminal/insulator seated atop the cap plate for Chen’s groove configuration with the terminal plate seated within the groove and supported by Kitao’s first insulating member surrounding a lower surface and side surfaces extending from the lower surface of the terminal plate with the reasonable expectation of achieving a successful battery with successful terminal connection and insulation, as suggested by Chen.
Kitao further discloses that the negative electrode tab and the positive electrode tab are located at respective ends of the electrode assembly in a longitudinal direction of the electrode assembly (per annot. fig. 2).
As seen above, Kitao appears to disclose approximately centered terminals/terminal plates, yet, although not appearing strictly limited to this configuration to achieve the desired electrical connection, Kitao fails to explicitly disclose that the first terminal plate is entirely arranged on one half of an outer surface of the first cap plate in a direction perpendicular to the longitudinal direction of the electrode assembly.
DeWulf teaches an analogous cylindrical battery with longitudinally opposed terminals (fig. 8), where each terminal may be centered or offset entirely on one lateral half of the cap plate (fig. 8).
As DeWulf recognizes the equivalence of centered and offset terminals, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to routinely reposition each terminal plate to be entirely arranged on one half of an outer surface of the first plate in a direction perpendicular to the longitudinal direction of the electrode assembly with the reasonable expectation of achieving successful electrical connection, as suggested by DeWulf. Further, per MPEP 2144.04 (VI.)(C.), rearranging parts is generally prima facie obvious absent unexpected results or modifications to the device’s operation, which, here, would appear to not occur because the terminal is merely shifted laterally while maintaining connection to the electrode assembly.
Kitao further discloses that at least one of the cap assemblies comprises a second insulating member comprising an insulating material and located between a corresponding one of the terminal pins and a corresponding one of the cap plates (insulator 71/I2, annot. fig. 2), as well as a third insulating member comprising an insulating material and located between the corresponding one of the cap plates and the electrode assembly (I3, Id.).
Although Kitao further desires adequate insulation between the electrode assembly and cap plate to protect the electrode assembly from moving and causing active-material peel-off in response to external vibration (¶ 0010), Kitao fails to disclose a fourth insulating member comprising an insulating material and located between the third insulating member and the electrode assembly, and wherein the negative electrode tab or the positive electrode tab is electrically connected to a corresponding one of the current collectors between the third insulating member and the fourth insulating member.
Urano teaches an analogous battery (Title) with 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 comprising an insulating material and located between the third insulating member and the electrode assembly (Urano’s plate), and each of the negative electrode tab and the positive electrode tab is electrically connected to a corresponding one of the current collectors between the third insulating member and the fourth insulating member (by incorporating Urano’s slotted insulators, Kitao’s tabs would extend through the slots and connect to the flanged screw, i.e., collector, between the “third” (I3 of Kitao’s annot. fig. 2) and “fourth insulators”).
Regarding claims 5, 6, and 8, modified Kitao discloses the secondary battery of claim 1, wherein the case has both ends open in the longitudinal direction (Kitao’s annot. fig. 2 (and fig. 1)), wherein the positive electrode terminal comprises a second terminal plate configured to be electrically connected to an 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 having identical structure as negative electrode cap assembly in Kitao’s annot. fig. 2 but on other end), wherein the fourth insulating member has a slit into which the negative electrode tab or the positive electrode tab is inserted (per above through Urano’s slot).
Regarding claims 10–12, modified Kitao discloses the secondary battery of claim 6, wherein the negative electrode-side cap assembly comprises a second insulating member comprising an insulating material and located between the first terminal pin and the first cap plate, a third insulating member comprising an insulating material and located between the first cap plate and the electrode assembly, and a fourth insulating member comprising an insulating material and located between the third insulating member and the electrode assembly, and wherein the positive electrode-side cap assembly comprises another third insulating member comprising an insulating material and located between the second cap plate and the electrode assembly, and another fourth insulating member comprising an insulating material and located between the another third insulating member and the electrode assembly (from discussion in claim 1 given each cap assembly has identical structure and includes first–third insulators from Kitao and fourth insulator through Urano), wherein
each of the fourth insulating members has a slit into which the negative electrode tab or the positive electrode tab is inserted (as discussed in claim 1 via Urano), wherein 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 (per claim 1 via Urano and joining to Kitao’s flanged screw/collector between Urano’s slotted plate and Kitao’s insulator 62/I3).
Regarding claim 25, modified Kitao discloses the secondary battery of claim 6, wherein the second terminal plate is entirely arranged on one half of an outer surface of the second cap plate in the direction perpendicular to the longitudinal direction of the electrode assembly (via DeWulf, per claim 1).
Regarding claim 26, modified Kitao discloses the secondary battery of claim 25.
As discussed in claim 1, DeWulf exemplifies many different terminal orientations, including the ability to independently control each terminal’s positioning as centered or offset (fig. 8A–C), as well as generally teaching that several terminal configurations may be adopted (¶ 0096).
Although modified Kitao may fail to explicitly disclose that the first terminal plate and the second terminal plate are arranged on the same half of the secondary battery in the direction perpendicular to the longitudinal direction of the electrode assembly, given that DeWulf suggests the ability to independently control each terminal’s positioning and exemplifies laterally offset terminals, it would have been obvious to routinely reposition each of Kitao’s terminals to the same half of the secondary battery in the direction perpendicular to the longitudinal direction of the electrode assembly with the reasonable expectation of achieving successful electrical connection and without undue experimentation, absent secondary considerations (see, again, MPEP 2144.04 (VI)(C)). Here, there appear to be no unexpected results from setting the terminals on the same lateral half versus on opposite halves.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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 8/4/2026
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