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 .
Election/Restrictions
Applicant’s election without traverse of Group I, claims 1-11 in the reply filed on 4/2/26 is acknowledged. Claims 12-13 withdrawn without traverse from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected method, there being no allowable generic or linking claim.
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 1-11 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.
Regarding claim 1, the claim limitation "second part coated with no active substance layer" is unclear. One possible amendment is “second part not coated with the
The claim limitation “the Mth and (M-1)th second parts is L1” lacks proper antecedent basis.
Also, Claim 1 assigns both M and N to the second part. The claim then recites a numerical relationship between M and N. The scope of claim is unclear because the relationship between the two different integers that supposedly represent the same part is unclear. Additionally, the claim requires M to be no less than 2. If M is representative of each second part, it is not clear how a 1st second part does not exist.
Regarding claim 5, the limitation “two second parts are disposed on each turn” is unclear. One possible amendment is “two of the second parts are disposed on each turn”.
Additionally, the limitation “the two second parts are respectively disposed” is unclear because it is not clear which of the two second parts is being referenced.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xue et al. (US 20200235368 A1), and further in view of Hikata et al. (JP2011081964A; see attached machine citation).
Regarding claim 1, Xue discloses an electrode assembly 5 characterized by comprising an electrode member wound along a winding direction (fig. 6), wherein the electrode member comprises an electrode body 51, and the electrode body comprises an insulating matrix (insulating substrate 512; fig 3) and a conductive layer 513 disposed on the insulating matrix (fig. 3); and the conductive layer comprises a first part coated with an active substance layer (“first portion 5131”; fig. 3) and a second part coated with no active substance layer (“second portion 5132”; fig. 3); the second part is provided in a quantity of N (fig. 6), and the N second parts are spaced apart in the winding direction (fig. 6).
Xue does not explicitly disclose that in the winding direction, distance between the Mth and (M-1)th second parts is L1, and distance between the Mth and (M+1)th second parts is L2, wherein both N and M are positive integers, 2 <M<N-1, and 0.95 < L2/L1<1.05.
Hikata discloses that in the winding direction, distance between the Mth and (M-1)th second parts is L1, and distance between the Mth and (M+1)th second parts is L2, wherein both N and M are positive integers, 2 <M<N-1 (para 35; fig 5). Hikata further teaches L1 = X + 2πT × 1 = X + 0.880 mm = 80.88; L2 = X + 1.760 mm = 81.76 and L2/L1 =81.76/80.88 = 1.01 thus, 0.95 < L2/L1<1.05 (para 35; fig 5).
It would have obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the electrode assembly of Xue such that distance between the Mth and (M-1)th second parts is L1, and distance between the Mth and (M+1)th second parts is L2, wherein both N and M are positive integers, 2 <M<N-1, and 0.95 < L2/L1<1.05., in the winding direction as taught by Hikata as doing such can suppress displacement of the electrode current collecting tab (para 7).
Regarding claim 2, Xue discloses the second part 5132 comprises a first conductive portion (para 40, “main portion 51321”) and a second conductive portion (para 40, “transition portion 51322”), the first conductive portion is disposed between the second conductive portion and the first part, and in the winding direction, the first conductive portion is larger than the second conductive portion in size (para 40).
Regarding claim 3, Xue discloses “a width of the second portion 5132 is changed continuously and smoothly” (para 46). Accordingly, in the winding direction, the first conductive portion shows a gradient increase in size.
Regarding claim 4, Xue does not disclose the electrode member is wound for a plurality of turns, and at least one second part is disposed on each turn.
Hikata discloses electrode member is wound 40 times (para 66). Hikata also discloses two second part (current collecting tabs 7/18) are disposed on each turn (para 105). It would have obvious to one of ordinary skill in the art, before the effective filing date of the invention, to modify the electrode assembly of Xue such that electrode member is wound for a plurality of turns as doing such makes the electrode group cylindrical (para 66), and at least one second part is disposed on each turn as doing such results in “almost no displacement in the width direction” (para 106).
Regarding claim 5, as stated in rejection of claim 4, Hikata discloses two second parts are disposed on each turn of the electrode member (para 105), and the two second parts are respectively disposed on two sides of the central most winding axis of the electrode member (figs. 5 and 10B). Examiner is interpreting “each turn” as a full turn of the electrode.
Regarding claim 6, Xue discloses electrode member comprises a conductive structure 52 connected to the second part 5132, any one of N second parts is connected to two conductive structures (fig. 3), 2N conductive structures are disposed, and projections of the 2N conductive structures at least partially overlap in a direction perpendicular to the winding axis of the electrode member (fig. 6).
Regarding claim 7, Xue discloses first part 5131 comprises a connection portion and a transition portion, wherein the transition portion is located on two sides of the connection portion, the connection portion is formed by extending in a width direction of the conductive structure 52, and at least part of the transition portion is arc-shaped; and the second part 5132 is disposed on the connection portion and extends in the width direction of the conductive structure (see annotated figure 6 below). Regarding claim 8, Xue discloses the connection portion comprises a first connection portion and a second connection portion disposed opposite each other, wherein the first connection portion and the second connection portion are respectively disposed on the two sides of the winding axis of the electrode member; and the second part is disposed on the first connection portion and/or the second connection portion (see annotated figure 6 below).
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Regarding claim 9, Xue discloses a battery cell, characterized by comprising the electrode assembly according to claim 1 (see pervious rejections) and a housing (case 20) for accommodating the electrode assembly (para 15, fig. 1).
Regarding claim 10, Xue teaches “hybrid electric vehicle is equipped with a plurality of nonaqueous electrolyte secondary batteries as a motor drive power source” (para 2). Xue further teaches the battery cell according to claim 9 (para 15; fig. 1). Accordingly, Xue discloses a battery, characterized by comprising a plurality of the battery cells according to claim 9.
Regarding claim 11, Xue discloses electric apparatus para 2, “(hybrid electric vehicle”), characterized by comprising the battery according to claim 10, wherein the battery is capable of supplying electric energy.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Hikata et al. (US 20100124694 A1) discloses an electrode assembly characterize by comprising an electrode member wound along winding direction and the electrode body comprises a conductive layer; and the conductive layer comprises a first part coated with an active substance layer and a second part coated with no active substance layer; the second part is provided in a quantity of N, and the N second parts are spaced apart in the winding direction .
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/A.K./ Examiner, Art Unit 1746
/CHRISTOPHER T SCHATZ/Primary Examiner, Art Unit 1746
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