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 .
Remarks
Claims 1, 2 6, 8-10 and 13 are amended. Claims 3-4, 7, 11-12 and 14-15 are as previously presented. Claim 5 has been canceled. Claims 1-4 and 6-15 are currently examined.
Status of Objections and Rejections
The rejection as set forth within the previous office action has been modified as necessitated by the applicants amendments.
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.
Claims 1-2, 4, 8-13 and 15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yamamoto (US 2023/0223657).
As to claim 1, Yamamoto discloses a battery cell (figure 1 #1, [0018], discussed throughout) comprising: an electrode assembly (figure 1 #2, electrode groups, [0018], discussed throughout) including an active material and a foil ([0021]-[0022], the foil is the current collector); a case accommodating the electrode assembly (figure 1 #3, [0018]); a cap assembly (figure 1 #5, [0018], discussed throughout) connected to the case (figure 1 #3, [0018], discussed throughout) and including a terminal (figure 1 #16, [0027], discussed throughout); and a current collecting structure connecting the foil to the terminal (figure 1 #20, [0029], discussed throughout), wherein the foil includes an anode foil including a first uncoated portion and a second uncoated portion separated from the first uncoated portion and a cathode foil including a third uncoated portion and a fourth uncoated portion separated from the third uncoated portion, and the current collecting structure includes a first current collecting structure connected to the first uncoated portion and the second uncoated portion of the anode foil and a second current collecting structure connected to the third uncoated portion and the forth uncoated portion of the cathode foil (figure 1 #15(A) and #15(B), there are two portions for each for the positive and negative, the tabs are the uncoated portions are the electrode, the backup lead #21A and #21B are between the tabs connecting the tabs together and to the terminal, discussed throughout).
As to claim 2, Yamamoto discloses wherein, the foil includes a plurality of anode foils and a plurality of cathode foils (figure 1 #15(A) and #15(B), [0023], positive and negative electrode current collecting tabs), the terminal includes an anode terminal and a cathode terminal (figure 1 #16(A) and #16(B), [0027], discussed throughout), and the first current collecting structure is connected to the plurality of anode foils and the anode terminal and the second current collecting structure is connected to the plurality of cathode foils and the cathode terminal (figure 1 #20(A) and #20(B), [0029], discussed throughout).
As to claim 4, Yamamoto discloses wherein, the foil is formed to be at least partially folded, and the current collecting structure is connected to the folded foil (figure 1 #15 and #20, [0023], [0029], discussed throughout).
As to claim 8, Yamamoto discloses wherein, the current collecting structure is formed of a conductive metal (figure 1 #20, [0029], discussed throughout).
As to claim 9, Yamamoto discloses wherein, the cap assembly includes a first cap assembly connected to a first end portion of the case and including a first terminal (figure 1 #16(A), #18, #19, [0027]-[0029], discussed throughout), and a second cap assembly connected to a second end portion of the case opposite to the first end portion and including a second terminal (figure 1 #16(B), #18, #19, [0027]-[0029], discussed throughout), and the first current collecting structure is connected to the first terminal and the second current collecting structure is connected to the second terminal (figure 1 #20(A) and #20(B), [0029], discussed throughout).
As to claim 10, Yamamoto discloses wherein, the cap assembly includes a base plate attached to the case (figure 1 #5, [0027], discussed throughout), a first terminal at least partially exposed to the outside of the base plate (figure 1 #16 (A), [0027], discussed throughout), and a second terminal spaced apart from the first terminal and at least partially exposed to the outside of the base plate (figure 1 #16 (B), [0027], discussed throughout), and the first current collecting structure is connected to the first terminal and the second current collecting structure connected to the second terminal (figure 1 #20(A) and #20(B), [0029], discussed throughout).
As to claim 11, Yamamoto discloses wherein, the cap assembly includes a base plate attached to the case (figure 1 #5, [0027], discussed throughout) and an insulator at least partially located between the base plate and the terminal (figure 1 #18 or #19, [0028], discussed throughout).
As to claim 12, Yamamoto discloses wherein, the cap assembly includes a venting portion, and a vent guard connected to the base plate and protecting the venting portion (figure 1 #27, [0035], the connecting portions are the guard and the center is the vent portion, discussed throughout).
As to claim 13, Yamamoto discloses wherein, the foil includes a plurality of anode foils and a plurality of cathode foils (figure 1 #15, [0023], discussed throughout), the first current collecting structure is connected to the plurality of anode foils and a second current collecting structure is connected to the plurality of cathode foils (figure 1 #20(A) and #20(B), [0029], discussed throughout)), and the terminal includes: an anode terminal including a first anode terminal at least partially exposed to the outside of the battery cell and a second anode terminal connected to the first anode terminal (figure 1 #16(B), the top is the first anode terminal and the shaft is the second anode terminal, discussed throughout) and the first current collecting structure (figure 1 #20(B), [0029], discussed throughout) and a cathode terminal including a first cathode terminal at least partially exposed to the outside of the battery cell and a second cathode terminal connected to the first cathode terminal (figure 1 #16(A), the top is the first anode terminal and the shaft is the second anode terminal, discussed throughout) and the second current collecting structure (figure 1 #20(A), [0029], discussed throughout).
As to claim 15, Yamamoto discloses a battery device comprising the battery cell of claim 1 ([0003], [0016], discussed throughout).
Claims 1-2 and 6-7 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Kurata (US 2013/0130100).
As to claim 1, Kurata discloses a battery cell (figure 1, [0049], discussed throughout) comprising: an electrode assembly (figure 1 #5, electrode group, [0049], discussed throughout) including an active material and a foil (figure 3 #6 and #7, [0051], discussed throughout); a case accommodating the electrode assembly (figure 1 #1, packing can, [0049], discussed throughout); a cap assembly connected to the case (figures 1 and 16 #2, [0049], discussed throughout) and including a terminal (figures 1 and 16 #3, #4 #23, discussed throughout); and a current collecting structure connecting the foil to the terminal (figure 16 #42, figure #23 #70, figure 33 #75 and #76; discussed throughout), wherein the foil includes an anode foil including a first uncoated portion and a second uncoated portion spaced apart from the first uncoated portion (figures 3, 4, 8, 9; figure 3 shows the coated and uncoated portions, the other figures shows other electrode assemblies thus first and second; discussed throughout) and a cathode foil including a third uncoated portion and a fourth uncoated portion spaced apart from the third uncoated portion (figures 3, 4, 8, 9; figure 3 shows the coated and uncoated portions, the other figures shows other electrode assemblies thus first and second; discussed throughout), and the current collecting structure includes a first current collecting structure connected to the first uncoated portion and the second uncoated portion of the anode foil (figures 3, 4, 8, 9; figure 3 shows the coated and uncoated portions, the other figures shows other electrode assemblies i.e. #17 and #18 connected to the uncoated portions of the other electrode thus first and second; discussed throughout) and a second current collecting structure connected to the third uncoated portion and the fourth uncoated portion of the cathode foil (figures 3, 4, 8, 9; figure 3 shows the coated and uncoated portions, the other figures shows other electrode assemblies i.e. #17 and #18 connected to the uncoated portions of the other electrode thus third and fourth; discussed throughout).
As to claim 2, Kurata discloses wherein, the foil includes a plurality of anode foils and a plurality of cathode foils (figures 3, 4, 8, 9, there are two electrode thus a plurality of foils, discussed throughout), the terminal includes an anode terminal and a cathode terminal (figures 3, 4, 8, 9, #21 and/or #23, discussed throughout), and the first current collecting structure is connected to the plurality of anode foils and the anode terminal and a second current collecting structure is connected to the plurality of cathode foils and the cathode terminal (figures 3, 4, 8, 9, the two terminals are the anode and cathode terminals, discussed throughout).
As to claim 6, Kurata discloses wherein, the first current collecting structure includes a first anode current collecting structure connected to the first uncoated portion and a second anode current collecting structure connected to the second uncoated portion and spaced apart from the first anode current collecting structure (figures 4, 8 and 9, there are two sets of current collectors for #17 and #18; discussed throughout), and the second current collecting structure includes a first cathode current collecting structure connected to the third uncoated portion and a second cathode current collecting structure connected to the fourth uncoated portion and spaced apart from the first cathode current collecting structure (figures 4, 8 and 9, there are two sets of current collectors for #17 and #18; discussed throughout).
As to claim 7, Kurata discloses wherein, the terminal includes an anode terminal connected to the first anode current collecting structure and the second anode current collecting structure, and a cathode terminal connected to the first cathode current collecting structure and the second cathode current collecting structure (figures 4, 8 and 9, there are two sets of current collectors for #17 and #18; discussed throughout).
Claim Rejections - 35 USC § 102/103
The 102 statute paragraphs can be seen above.
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.
Claims 1, 3-4 and 8-15 are rejected under 35 U.S.C. 103 as being unpatentable over Yamamoto (US 2023/0223586), and further in view of Ikeshita (US 2023/0050718).
Claims 1, 3-4 and 8-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yamamoto (US 2023/0223586).
As to claim 1, Yamamoto discloses a battery cell (figure 1 #1, [0015], discussed throughout) comprising: an electrode assembly (figure 1 #2, electrode group, [0015], discussed throughout) including an active material and a foil ([0019]-[0020], the foil is the current collecting foil, [0019]-[0020], discussed throughout); a case accommodating the electrode assembly (figure 1 #3, [0015], discussed throughout); a cap assembly connected to the case and including a terminal (figure 1 #5 and #16, [0015], [0025], discussed throughout); and a current collecting structure connecting the foil to the terminal (figure 1 #20, [0027], discussed throughout), the foil includes an anode foil including a first uncoated portion and a second uncoated portion spaced apart from the first uncoated portion (figure 1 #15B, the left and right side are spaced apart in the X direction, discussed throughout), and a cathode foil including a third uncoated portion and a fourth uncoated portion spaced apart from the third uncoated portion (figure 1 #15A, the left and right side are spaced apart in the X direction, discussed throughout), and wherein the current collecting structure includes a first current collecting structure connected to the first uncoated portion and the second uncoated portion of the anode foil (figure 1 #31, #32 or #28, discussed throughout) and a second current collecting structure connected to the third uncoated portion and the fourth uncoated portion of cathode foil (figure 1 #31, #32 or #28, discussed throughout).
However, should it be considered that Yamamoto is silent to the first uncoated portion and the second uncoated portion, and the third uncoated portion and the fourth uncoated portion, given that the portions are connected as being wound. Ikishita discloses a wound electrode assembly for a battery (abstract) wherein the tabs are formed in the uncoated portion (figure 2 #21d and #22d). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the tabs from Ikishita within Yamamoto as a mere combing prior art elements according to known methods to yield predictable results (see MPEP 2143 I).
As to claim 3, Yamamoto discloses wherein, the current collecting structure includes a clamping portion connected to the foil and a connection portion extending from the clamping portion and contacting the terminal (figure 1 #20 and/or #28, [0027], discussed throughout).
As to claim 4, Yamamoto discloses wherein, the foil is formed to be at least partially folded, and the current collecting structure is connected to the folded foil (figure 1 #15 and #20, discussed throughout).
As to claim 8, Yamamoto discloses wherein, the current collecting structure is formed of a conductive metal ([0027], discussed throughout).
As to claim 9, Yamamoto discloses wherein, the cap assembly includes a first cap assembly connected to a first end portion of the case and including a first terminal (figure 1 #18, #19 and #16, discussed throughout), and a second cap assembly connected to a second end portion of the case opposite to the first end portion and including a second terminal (figure 1 #18, #19 and #16, discussed throughout), and the first current collecting structure is connected to the first terminal and the second current collecting structure is connected to the second terminal (figure 1 #20, discussed throughout).
As to claim 10, Yamamoto discloses wherein, the cap assembly includes a base plate attached to the case (figure 1 #5, discussed throughout), a first terminal at least partially exposed to the outside of the base plate (figure 1 #16(A), discussed throughout), and a second terminal spaced apart from the first terminal and at least partially exposed to the outside of the base plate (figure 1 #16(B), discussed throughout), and the first current collecting structure is connected to the first terminal and a second current collecting structure is connected to the second terminal (figure 1 #20, discussed throughout).
As to claim 11, Yamamoto discloses wherein, the cap assembly includes a base plate attached to the case and an insulator at least partially located between the base plate and the terminal (figure 1 #5, #18 and #19, discussed throughout).
As to claim 12, Yamamoto discloses wherein, the cap assembly includes a venting portion, and a vent guard connected to the base plate and protecting the venting portion (figure 1 #36, discussed throughout).
As to claim 13, Yamamoto discloses wherein, the foil includes a plurality of anode foils and a plurality of cathode foils (figure 1 #15(A) and #15(B), discussed throughout), the first current collecting structure is connected to the plurality of anode foils and the second current collecting structure is connected to the plurality of cathode foils (figure 1 #20(A) and #20 (B), discussed throughout), and the terminal includes: an anode terminal including a first anode terminal at least partially exposed to the outside of the battery cell and a second anode terminal connected to the first anode terminal and the first current collecting structure and a cathode terminal including a first cathode terminal at least partially exposed to the outside of the battery cell and a second cathode terminal connected to the first cathode terminal and the second current collecting structure (figure 1 #16 (A) and #16 (B), the shaft of the terminal is the second terminal and the top is the first terminal, discussed throughout).
As to claim 14, Yamamoto discloses wherein, the current collecting structure includes a first clamping portion configured to bring end portions of the plurality of anode foils into close contact with each other and a second clamping portion configured to bring end portions of the plurality of cathode foils into close contact with each other (figure 1 #32 or #28, discussed throughout).
As to claim 15, Yamamoto discloses a battery device comprising the battery cell of claim 1 ([0003], [0015], discussed throughout).
Response to Arguments
Applicant's arguments filed 6/26/2026 have been fully considered but they are not persuasive.
The applicant that Yamamoto*657 (US 2023/0223657); Yamamoto*586 (US 2023/0223586) and Kurata (US 2013/0130100) are silent to the instant amended claim limitations.
The examiner has updated the rejection for Yamamoto*586 and added an addition rejection as modified by Ikeshita (US 2023/0050718) please see newly added rejection above.
In regards to Yamamoto*657 (US 2023/0223657) and Kurata (US 2013/0130100) the examiner respectfully disagrees. The arguments are based on “a single” anode foil having… and “a single” cathode foil having… However, the claim does not claim a single cathode or anode foil have the claimed structure, the claim does not use the term “a single”. The claim states the foil… Therefor the foil can be considered two foils as shown within Yamamoto8657 and Kurata. Furthermore, independent claim 2 even state “the foil includes a plurality of anode foils and a plurality of cathode foils…” therefore showing that the foil can be a plurality of foils. Therefore, the examiner maintains the rejection.
The applicant argues that the multiple tabs exhibit criticality and unexpected results. However, per MPEP 716.02(b) states:
Mere conclusions in appellants’ brief that the claimed polymer had an unexpectedly increased impact strength "are not entitled to the weight of conclusions accompanying the evidence, either in the specification or in a declaration."
Thus, as the applicant has not submitted any evidence comparing the two, the examiner is not awarding criticality and unexpected results based on mere conclusions. Furthermore, the unexpected results are based on a single foil having the properties. Thus the claims are not commensurate in scope with the instant claimed invention per MPEP 716.02(d).
Therefore, the examiner maintains the rejections.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R OHARA whose telephone number is (571)272-0728. The examiner can normally be reached 7:30 AM-3:30 PM EST M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at 571-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BRIAN R OHARA/Examiner, Art Unit 1724
Prosecution Insights