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 with traverse of Species A2 (Fig. 4), Species B1 (Fig. 5), Species C1 (Fig. 9), Species D1 (Fig. 15), and Species E1 (Fig. 23) drawn to claims 1, 2, 4, 6-12, 14 and 16-20 in the reply filed on 03/27/2026 is acknowledged. The traversal is on the ground(s) that it would not be a significant burden to search and examine each of the identified Species. This is not found persuasive because different search terms are necessary based on the geometry of the different embodiments and therefore there is a significant burden to search and examine all of the identified Species. It is noted that Applicant withdrew claim 7 which recites “wherein the N first tabs are separated from each other in a winding direction or the first direction” see para [0098] in US 20240030567 A1 which is publication of the instant application which discloses this feature is in Fig. 5 drawn to Species B1 which was elected and therefore claim 7 will be examined. Applicant is reminded upon the allowance of a generic claim, applicant will be entitled to consideration of claims to additional species which depend from or otherwise require all the limitations of an allowable generic claim as provided by 37 CFR 1.141.
The requirement is still deemed proper and is therefore made FINAL.
Claims 3, 5, 13, and 15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected Species A-1, Species B-2 through B-6, Species C2, Species D2 through D8, and Species E2 through E4, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 03/27/2026.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1, 2, 4, 6-8, 11, 12, 14, and 16-18 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Shinyashiki (US 20120202105 A1).
Regarding claims 1 and 11, Shinyashiki discloses a battery (see Figs. 6 and 11 [0115][0107]) and an electric apparatus [0138] comprising the battery wherein the battery comprises:
a housing (18 [0115], see Fig. 11), a battery cell (10, see Fig. 11), and a first conductive member (15, see Fig. 6, wherein the housing (18) is provided with an accommodating cavity, the battery cell (10) being accommodated in the accommodating cavity;
the first conductive member (15, see Fig. 6) comprises a first terminal part (15, see Fig. 6) located outside the housing (see Fig. 11), and a first connecting part (15 located inside casing, see Fig. 6) connected to the first terminal part (15 outside of case) and located inside the housing (15 located inside casing, see Fig. 6 [0107][0115]); the battery cell (10) comprises an electrode assembly (11) and N (N=4) first tabs (11) protruding from the electrode assembly (11), wherein N is an integer greater than 1;
the N first tabs are divided into M first tab groups (M=4), the first tab groups are separately connected to one side of the first connecting part (15 located inside casing, see Fig. 6) facing the electrode assembly, and M is an integer greater than or equal to 1 and less than or equal to N (M=N).
Regarding claims 2 and 12, Shinyashiki discloses all of the claim limitations as set forth above.
In addition, Shinyashiki discloses wherein the M is equal to N, and the N first tabs are separately connected to the one side of the first connecting part (see Fig. 6 not connected through separate element [0107][0115]).
Regarding claims 4 and 14, Shinyashiki discloses all of the claim limitations as set forth above.
In addition, Shinyashiki wherein a distance between the first connecting part (15 inside case) and the electrode assembly (11) is less than 1 mm (directly connected therefore less than 1 mm).
Regarding claims 6 and 16, Shinyashiki discloses all of the claim limitations as set forth above.
In addition, Shinyashiki discloses the electrode assembly is formed by stacking multiple first electrode plates (1 [0098]), separators (3a [0100]) and second electrode plates (2 [0099]) in sequence, and a direction perpendicular to the first electrode plates (1), the separators (3a) and the second electrode plates (2) is defined as a first direction (See Fig. 6, thickness direction shown).
Regarding claims 7 and 17, Shinyashiki discloses all of the claim limitations as set forth above.
In addition, Shinyashiki discloses wherein the N first tabs are separated from each other in a winding direction or the first direction (See Fig. 6, shows 11 are separated from each other).
Regarding claims 8 and 18, Shinyashiki discloses all of the claim limitations as set forth above.
In addition, Shinyashiki discloses the electrode assembly comprises a first electrode plate (1 [0098]), a second electrode plate (2 [0098]), and a separator (3a) provided between the first electrode plate (1) and the second electrode plate (2);
the first electrode plate (1) comprises a first current collector and a first active substance layer provided on the first current collector ([0098]);
the first current collector extends (1) to form the first tab (11); the first current collector is provided with an insulating layer (32 [0106]); and
the insulating layer (32 [0106]) is in contact with the first active substance layer ([0098]) and extends to the first tab (see Fig. 6).
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) 10 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shinyashiki (US 20120202105 A1).
Regarding claims 10 and 20, Shinyashiki discloses all of the claim limitations as set forth above.
However, Shinyashiki does not explicitly disclose wherein a ratio of a length of the first tab to a distance between the first connecting part and the electrode assembly is in a range of 2:1 to 8:1.
The length between the electrode tab and the first connecting part and between the first connecting part and the electrode assembly will determine the dimensions of the battery and therefore the power output.
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the length between the electrode tab and the first connecting part and between the first connecting part and the electrode assembly of Shinyashiki to be within the ranges disclosed above in order to optimize size relative to power output characteristics.
Claim(s) 9 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shinyashiki (US 20120202105 A1) as applied to claims 1, 2, 4, 6-8, 11, 12, 14, and 16-18 above and in further view of Ono (JP 2010010117 A, Machine Translation).
Regarding claims 9 and 19, Shinyashiki discloses all of the claim limitations as set forth above.
In addition, Shinyashiki discloses a direction in which the first tab (see Fig. 6) protrudes from the electrode assembly is defined as a second direction (direction perpendicular to thickness);
the second electrode plate (2, Cu foil) comprises a second current collector ([0099]) and a second active substance layer ([0099]) provided on the second current collector ; the first electrode plate is a cathode plate ([0098]); and the second electrode plate is an anode plate ([0099]).
However, Shinyashiki does not disclose in the second direction, an edge of the insulating layer is flush with an edge of the second active substance layer.
Ono discloses that the ends of the positive electrode group and negative electrode group are covered with an insulating layer (See Fig. 1 and pg. 5 description in Example 1 and First Embodiment section pg. 4) similar to Shinyashiki and the insulating layer is flush with the end of the negative electrode active substance layer.
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the insulating layer of Shinyashiki by forming at both ends of the electrode groups so that the insulating layer is flush with the active material edges as disclosed by Ono because Ono discloses that forming an insulating layer this way is an effective form for an insulating layer on interleaved stacked battery anode and cathode plates separated by a separator in a secondary battery to be used in an electronic device and one of ordinary skill in the art would have a reasonable expectation of success in doing so.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVINA PILLAY whose telephone number is (571)270-1180. The examiner can normally be reached Monday-Friday 9:30-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey T Barton can be reached at 517-272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DEVINA PILLAY
Primary Examiner
Art Unit 1726
/DEVINA PILLAY/ Primary Examiner, Art Unit 1726
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