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 .
Claim Objections
Claim 1 is objected to because of the following informalities: in line 1, “a second electrode” should read “a second electrode plate”. Appropriate correction is required.
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.
Claims 1, 4, 6, 10, 12, and 17-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamamura (JP 2005166353 A, cited by Applicant in IDS filed on August 14, 2025, attached machine translation relied upon herein).
Regarding claim 1, Yamamura discloses a battery cell ([0012] and Fig. 2, secondary battery 10), comprising: a first electrode plate ([0012] and Fig. 2, negative electrode plates 102), a second electrode ([0012] and Fig. 2, positive electrode plates 104), and a separator disposed between the first electrode plate and the second electrode plate ([0012] and Fig. 2, separators 103); the first electrode plate comprising a first current collector and a first active material layer disposed on a surface of the first current collector ([0018] and Figs. 2 and 3, negative electrode plates 104 each have a current collector 104a and negative electrode layers 104b and 104c), wherein the first active material layer comprises a body portion and an end portion (see Annotated Fig. 3 below, body portion and end portion), the end portion is provided with a raised structure ([0022] and see Annotated Fig. 3 below, raised portion 104d) and a transition section (see Annotated Fig. 3 below, transition section), and the transition section is adjacent to the body portion and the raised structure; and in a thickness direction of the battery cell, a distance from a lowest point of a surface of the transition section to the surface of the first current collector is hr, and a thickness of the body portion of the first active material layer is ha, wherein (ha - hr)/ha = 0 (see Annotated Fig. 3 below, hr=ha and thickness direction D1).
Yamamura Annotated Fig. 3
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Regarding claim 4, Yamamura discloses the limitations of claim 1. Yamamura further discloses wherein the second electrode plate comprises a second current collector and a second active material layer disposed on a surface of the second current collector ([0013] and Figs. 2 and 3, positive electrode plates 102 each have current collector 102a and positive electrode layers 102b and 102c); and the end portion of the first active material layer and an end portion of the second active material layer are stacked (see Yamamura Annotated Fig. 3 above, first active material layer end portion and second active material layer end portion).
Regarding claim 6, Yamamura discloses the limitations of claim 4. Yamamura further discloses wherein the first current collector is provided with a first tab, and the first tab extends out of the first current collector in a length direction of the battery cell ([0018] and see Annotated Fig. 2 below, negative electrode terminal 106 and length direction D2); and in the length direction of the battery cell, the first active material layer exceeds the second active material layer (see Annotated Fig. 3 above, raised portion 104d exceeds positive electrode layers 102b and 102c).
Yamamura Annotated Fig. 2
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Regarding claim 10, Yamamura discloses the limitations of claim 4. Yamamura further discloses wherein in the length direction of the battery cell, the raised structure exceeds the second active material layer (see Annotated Fig. 3 above, raised portion 104d exceeds positive electrode layers 102b and 102c).
Regarding claim 12, Yamamura discloses the limitations of claim 4. Yamamura further discloses wherein in the thickness direction of the battery cell, a vertical distance from any point of an edge of the raised structure to the surface of the first current collector is hp, and a thickness of a body portion of the second active material layer is hc (see Annotated Fig. 3 above, hc), wherein 0.9 ha ≤ hp (see Annotated Fig. 3 above, hp=ha at a point on the edge of the raised structure adjacent to the transition section).
Regarding claim 17, Yamamura discloses the limitations of claim 1. Yamamura further discloses wherein the first current collector is provided with a first tab ([0018] and Fig. 2, negative electrode terminal 106), and the first active material layer is not disposed on a surface of the first tab exceeding the first current collector (Figs. 2 and 3, negative electrode layers 104b and 104c and negative electrode terminal 106).
Regarding claim 18, Yamamura discloses the limitations of claim 1. Yamamura further discloses wherein a distance from an edge of the first active material layer to an edge of the first current collector is less than or equal to 1 mm (see Annotated Fig. 3 above, first active material layer edge and first current collector edge have a distance of zero).
Regarding claim 19, Yamamura discloses the limitations of claim 1. Yamamura further discloses wherein hr = ha (see Annotated Fig. 3 above).
Regarding claim 20, Yamamura discloses an electrical device, wherein the electrical device comprises a load and a battery cell, the battery cell being configured to supply power to the load ([0021], [0070], and Fig. 12, battery used as a power source for an electric vehicle with composite battery pack 30); wherein the battery cell ([0012] and Fig. 2, secondary battery 10), comprising a first electrode plate ([0012] and Fig. 2, negative electrode plates 102), a second electrode ([0012] and Fig. 2, positive electrode plates 104), and a separator disposed between the first electrode plate and the second electrode plate ([0012] and Fig. 2, separators 103); the first electrode plate comprising a first current collector and a first active material layer disposed on a surface of the first current collector ([0018] and Figs. 2 and 3, negative electrode plates 104 each have a current collector 104a and negative electrode layers 104b and 104c), wherein the first active material layer comprises a body portion and an end portion (see Annotated Fig. 3 below, body portion and end portion), the end portion is provided with a raised structure ([0022] and see Annotated Fig. 3 below, raised portion 104d) and a transition section (see Annotated Fig. 3 below, transition section), and the transition section is adjacent to the body portion and the raised structure; and in a thickness direction of the battery cell, a distance from a lowest point of a surface of the transition section to the surface of the first current collector is hr, and a thickness of the body portion of the first active material layer is ha, wherein (ha - hr)/ha = 0 (see Annotated Fig. 3 below, hr=ha and thickness direction D1).
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.
Claims 2-3, 5, 7-9, 11, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Yamamura (JP 2005166353 A).
Regarding claim 2, Yamamura discloses the limitations of claim 1. Yamamura further discloses wherein the first current collector is provided with a first tab, and the first tab extends out of the first current collector in a length direction of the battery cell ([0018] and see Annotated Fig. 2 above, negative electrode terminal 106 and length direction D2). Yamamura further discloses that the length of first negative electrode layer 104b is 204 mm, and that D[A], the displacement of raised portion 104d relative to second negative electrode layer 104c is 2 mm ([0077] and Table 1, Example 1). It is the examiner’s position that one of ordinary skill in the art could have defined a lowest point adjacent to raised portion 104d and a point B on the surface of the transition section, and corresponding distances xr, xb, and hb, such that 2 mm ≤ xr ≤ 4 mm, xb - xr = 2 mm, and (hb - hr)/(xb - xr) = 0 (hb=hr). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP § 2144.05(I)).
Regarding claim 3, Yamamura discloses the limitations of claim 2. Yamamura further discloses that wherein in the length direction of the battery cell, a distance from a vertex of a surface of the raised structure to the edge of the first active material layer is xt, wherein 0 mm ≤ xt ≤ 2 mm. ([0077], Table 1, and see Annotated Fig. 3 above, Example 1, D[A] = 2 mm). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP § 2144.05(I)). In Annotated Fig. 3 above, it appears that raised portion 104d is symmetrical, so xt = 1 mm.
Regarding claim 5, Yamamura discloses the limitations of claim 3. Yamamura further discloses wherein the second electrode plate comprises a second current collector and a second active material layer disposed on a surface of the second current collector ([0013] and Figs. 2 and 3, positive electrode plates 102 each have current collector 102a and positive electrode layers 102b and 102c); and the end portion of the first active material layer and an end portion of the second active material layer are stacked (see Yamamura Annotated Fig. 3 above, first active material layer end portion and second active material layer end portion).
Regarding claim 7, Yamamura discloses the limitations of claim 5. Yamamura further discloses wherein the first current collector is provided with a first tab, and the first tab extends out of the first current collector in a length direction of the battery cell ([0018] and see Annotated Fig. 2 above, negative electrode terminal 106 and length direction D2); and in the length direction of the battery cell, the first active material layer exceeds the second active material layer (see Annotated Fig. 3 above, raised portion 104d exceeds positive electrode layers 102b and 102c).
Regarding claims 8 and 9, Yamamura discloses the limitations of claim 6 and 7, respectively. Yamamura further discloses wherein in the length direction of the battery cell, the first active material layer exceeds the second active material layer by a length of ΔL, wherein ΔL ≥ 2 mm ([0077], Table 1, and see Annotated Fig. 3 above, Example 1, D[A] = 2 mm, raised portion 104d and positive electrode layers 102b and 102c). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP § 2144.05(I)).
Regarding claim 11, Yamamura discloses the limitations of claim 5. Yamamura further discloses wherein in the length direction of the battery cell, the raised structure exceeds the second active material layer (see Annotated Fig. 3 above, raised portion 104d exceeds positive electrode layers 102b and 102c).
Regarding claim 13, Yamamura discloses the limitations of claim 5. Yamamura further discloses wherein in the thickness direction of the battery cell, a vertical distance from any point of an edge of the raised structure to the surface of the first current collector is hp, and a thickness of a body portion of the second active material layer is hc (see Annotated Fig. 3 above, hc of second positive electrode layer 102c), wherein 0.9 ha ≤ hp (see Annotated Fig. 3 above, hp=ha at a point on the edge of the raised structure adjacent to the transition section).
Regarding claims 14 and 15, Yamamura discloses the limitations of claims 12 and 13, respectively. Yamamura further discloses that the separator has a thickness of 0.025 mm ([0077]), positive electrode plates 102 each have a total thickness of 0.09 mm ([0077]), and the positive electrode side current collector 102a has a thickness of about 0.02 mm ([0014]). It is the examiner’s position that in Yamamura, Δhp is at least the thickness of the separator (0.025 mm), and 0 < hc < 0.07 mm (total thickness of positive electrode layers 102b and 102c is 0.07 mm), so Δhp > 0.36 hc. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP § 2144.05(I)). In Annotated Fig. 3 above, it appears positive electrode layers 102b and 102c are of the same thickness, so hc = 0.035 mm and Δhp = 0.71 hc.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Yamamura (JP 2005166353 A) in view of Nishinaka et al. (US 2015/0244017 A1, hereinafter “Nishinaka”).
Regarding claim 16, Yamamura discloses the limitations of claim 1. Yamamura further discloses wherein the first current collector is provided with a first tab ([0018] and Fig. 2, negative electrode terminal 106), and a direction of the first tab extending out of the first current collector is defined as a length direction of the battery cell (see Annotated Figs. 2 and 3 above, length direction), and that in the length direction of the battery cell, the separator exceeds the first active material layer (see Annotated Fig. 3 above). Yamamura does not disclose that in the length direction of the battery cell, the separator exceeds the first active material layer by a size of not less than 1 mm.
Nishinaka discloses a separator having a length of 311 mm and a negative electrode plate coated region having a length of 307 mm, for a difference of 4 mm ([0099]-[0100]).
Yamamura and Nishinaka are considered to be analogous to the claimed invention because they are in the same field of lithium batteries. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the secondary battery of Yamamura with the teachings of Nishinaka according to known methods to yield the predictable result of a battery with a separator disposed between positive and negative electrode plates, and one of ordinary skill in the art would have a reasonable expectation of success in doing so (see MPEP § 2143(I)(A)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jackie Liang whose telephone number is (571)-272-0880. The examiner can normally be reached M-F 8:45AM - 4:45PM.
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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 (571)-272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.L./Examiner, Art Unit 1726
/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 17 June 2026
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