DETAILED ACTION
Specification
The objection to the specification has been overcome by Applicant’s submission of a substitute specification.
Claim Objections
The objection to claims 1, 3-4 and 6-7 is withdrawn in view of Applicant’s amendments.
Double Patenting
Claims 1-18 are provisionally rejected on the ground of nonstatutory double
patenting as being unpatentable over claims 1, 3, and 6-9 of copending Application No. 18/358941 in
view of Yamane.
Claim 1 of ‘941 reads as follows:
1. (Currently Amended) A battery, comprising: a wound electrode body in which a strip-shaped positive electrode and a strip-shaped negative electrode are wound around in a predetermined winding direction around a winding axis via a strip-shaped separator; a first separator and a second separator as the strip-shaped separator; and a heat-resistant layer on an outermost surface of the wound electrode body, wherein the second separator includes a region positioned outward from a winding terminal edge of the first separator, the second separator includes an extending portion extending beyond the winding terminal edge of the first separator in the winding direction, at least a part of the extending portion and a region positioned inward from the extending portion in the second separator are bonded together with a second adhesive layer on a surface of the second separator, no winding terminal stop tape is disposed in the extending portion, and the second adhesive layer is not present on an outer surface of the second separator that defines the outermost surface of the wound electrode body.
Claim 1 includes all of the limitations of presently rejected claim 1. The scope of the claims differs in that claim 1 of the ‘941 application (1)requires a heat-resistant layer not required by the present claims and (2)requires “strip-shaped” positive and negative electrodes which read on the more broadly claimed “positive electrode” and “negative electrode” of this application. Furthermore, the ‘941 application does not specifically claim that “an area of an entirety if the second adhesive layer on the outer surface of the second separator is 30% or less of an area of an entirety of the outer surface of the second separator. However, the second adhesive layer of claim 1 of the ‘941 application “is not present on an outer surface of the second separator that defines the outermost surface of the wound electrode body” and is instead only on the outermost portion beneath the extending portion. Therefore, the area of the second adhesive on an entirety of the outer surface of the second separator would be expected to be significantly lower than 30% of the total area.
Claim Rejections - 35 USC § 102
The rejection of claim(s) 1-2, 4, and 6-7 under 35 U.S.C. 102a1 as being anticipated by Lee et al. (US 11949127) is withdrawn in view of Applicant’s amendments.
Claim Rejections - 35 USC § 103
The rejection of claim(s) 3 under 35 U.S.C. 103 as being unpatentable over Lee et al. (US 11949127) in view of Sano et al. (US 2023/0282951) is withdrawn in view of Applicant’s amendments.
The rejection of claim(s) 5 under 35 U.S.C. 103 as being unpatentable over Lee (US 11949127)
in view of Zhao (US 2022/0320595) is withdrawn in view of Applicant’s amendments.
The rejection of claim 8 under 35 U.S.C. 103 as being unpatentable over Lee (US 11949127)
in view of Umeyama et al. (JP 2017/010878) is withdrawn in view of Applicant’s amendments.
Response to Arguments
Applicant's arguments filed 7/29/26 have been fully considered but they are not persuasive with regard to the double patenting rejection of record. Applicant argues that the claims as amended do not overlap with the claims of 18/358941. However, the newly added limitations requiring “an area of an entirety of the second adhesive layer on the outer surface of the second separator is 30% or less of an area of an entirety of the outer surface of the second separator” are expected to be inherently met by the claims of the ‘941 application because the claims therein specifically limit the presence of the second adhesive layer to the extending portion.
Allowable Subject Matter
The claims would be allowable over the closest prior art to Lee et al. if the provisional double patenting rejection were to be overcome by filing of a Terminal Disclaimer. The prior art to Lee et al. fails to teach the newly added claim feature requiring “an area of an entirety if the second adhesive layer on the outer surface of the second separator is 30% or less of an area of an entirety of the outer surface of the second separator.” Furthermore, Lee et al. fails to teach or suggest the battery of claim 6 wherein “the second adhesive layer is present in a winding beginning region of the second separator, and the second adhesive layer has a smaller weight per area in the winding beginning region of the second separator than in a region facing the positive electrode.”
Conclusion
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/Holly Rickman/Primary Examiner, Art Unit 1785
