DETAILED ACTION
Claims 1-20 are presented for examination, wherein claims 6, 13, and 15-18 plus the subject matter of species A.2-3, B.1, and B.3 are withdrawn.
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 Species A.1 and B.2 in the reply filed on September 15, 2026 is acknowledged.
Applicant timely traversed the restriction (election) requirement of Species Set C. Upon further consideration of the subject matter of Species Set C, the Species Set C election requirement is withdrawn.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046 (Fed. Cir. 1993); In re Longi, 759 F.2d 887 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937 (CCPA 1982); In re Vogel, 422 F.2d 438 (CCPA 1970); In re Thorington, 418 F.2d 528 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 and 19-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 12-14 of U.S. Patent No. 12,362,440. Although the claims at issue are not identical, they are not patentably distinct from each other because while the reference does not claim the “connection plate arranged at another side of the plurality of layers of tabs in the thickness direction of each of the tabs,” as instantly claimed, it would have been obvious to a person of ordinary to arrange said connection plate as claimed in order to provide a connection to the plurality of tabs.
Further, the reference does not expressly claim “each of the at least one protrusion…being electrically connected to the plurality of layers of tabs.” However, it would have been obvious to a person of ordinary skill in the art to form each component of the conductive connection assembly using electrically conductive materials.
Claim Objections
Claim 14 is objected to because the article in the limitation “an conductive connection assembly comprising the protection plate and the connection plate” should be “a.” Appropriate correction is respectfully required.
Claims 19-20 are severably objected to because the limitation “current collector” in “…battery cell comprising a current collector, wherein the current collector comprises….” should be “current collector assembly.” See e.g. abstract plus instant specification, e.g. ¶¶ 0002, 04, 07-08, and 55-57. Appropriate correction is respectfully required.
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.
Claim 8 recites the limitation “the plurality of protrusions.” There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1-5, 7-12, 14, and 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Hasegawa et al (US 2013/0177788).
Regarding independent claim 1, Hasegawa teaches a nonaqueous secondary cell used in a cell pack, said cell capable of suppressing decreases in cell performance while improving safety, said cell comprising
a plurality of stacked electrodes wherein tabs with the same polarity extending from said electrodes may be electrically connected in a thickness direction by at least one through-member, thereby decreases in cell performance may be suppressed,
said cell comprising:
(i) a plurality of stacked cathodes (e.g. items 10), each cathode including a current collector comprising a current collector exposed part (e.g. item 11a) with a through-hole (e.g. item 11b) therein, said plurality of cathodes having each said exposed part and each said through-hole aligned with others along a thickness direction,
forming a stack of a plurality of cathode current collector exposed parts in said thickness direction,
wherein said plurality of cathode current collectors may be a multi-layered structure composed of aluminum vapor deposited on both sides of an insulating propylene resin film layer;
(ii) a plurality of stacked anodes (e.g. items 20), each anode including a current collector comprising a current collector exposed part (e.g. item 21a) with a through-hole (e.g. item 21b) therein, said plurality of anodes having each said exposed part and each said through-hole aligned with others along said thickness direction,
forming a stack of a plurality of anode current collector exposed parts in said thickness direction,
wherein said plurality of anode current collectors may be composed of copper vapor deposited on both sides of an insulating propylene resin film layer;
(iii) said at least one through-member (e.g. items 80, also “through-part”) composed of an electrically conductive material extending in said thickness direction though each through-hole to establish electrical conduction among said stacked electrodes, each of said at least one through-member comprising
a shaft (e.g. item 81), which may have a semicylindrical shape; and,
a head (e.g. item 82) at one end of said shaft, said head having a larger diameter than that of said shaft,
wherein said shaft contacts an inside surface of one of said tab electrodes (e.g. items 41 or 42) at an opposite end of said shaft to said head; and,
(iv) a pair of electrode tabs (e.g. items 41 and 42) at opposite ends of said stacked electrodes to one another,
wherein an illustrated example provides for four through-members (e.g. items 80) aligned in a width direction (Y-direction), such that a middle two of said through-members (e.g. items 80) is welded, such as by ultrasonic welding, to one of said pair of electrode tabs plus to said plurality of stacked current collector exposed parts of one of said cathodes and said anodes, resulting in reduced contact resistance, stronger electrical conduction with the electrode, and suppressed decrease in cell capacity resulting from increases in contact resistance
(e.g. ¶¶ 0012-15, 21-23, 27-28, 76-78, 94-106, 114-116, 121-124, 134-141, 147, 154, 207-208, and 210 plus e.g. Figures 1, 3-4, 6, and 8-14), reading on “current collector assembly,” said cell comprising:
(1) said stack of said plurality of cathode current collector exposed parts in said thickness direction; and, said stack of said plurality of anode current collector exposed parts in said thickness direction to establish electrical conduction among said stacked electrodes (e.g. supra), reading on “a plurality of layers of tabs stacked in a thickness direction of each of the tabs;”
(2) said pair of electrode tabs (e.g. items 41 and 42) at opposite ends of said stacked electrodes to one another,
wherein said at least one through-member (e.g. items 80) is composed of said electrically conductive material extending in said thickness direction though each through-hole to establish electrical conduction among said stacked electrodes; and,
each of said at least one through-members (e.g. items 80) contacts said inside surface of one of said tab electrodes (e.g. items 41 or 42) at said opposite end of said shaft to said head (e.g. supra),
said electrode tabs (e.g. items 41 or 42) corresponding with the claimed “protection plate,” as claimed,
reading on “a protection plate arranged at a side of the plurality of layers of tabs in the thickness direction of each of the tabs;”
(3) said at least one through-member (e.g. items 80) is composed of said electrically conductive material extending in said thickness direction though each through-hole to establish electrical conduction among said stacked electrodes, each of said at least one through-member comprising said head (e.g. item 82) at one end of said shaft opposite to one of said pair of electrode tables (e.g. items 41 or 42), said head having said larger diameter than that of said shaft (e.g. supra), said through member, including said head composed of an electrically conductive material reading on “connection” by establishing electrical conduction among said stacked electrodes,
wherein the shape “plate” does not patentably distinguish the instant invention from the art, see e.g. MPEP § 2144.04(IV)(B), see further instant specification, at e.g. ¶¶ 0056-63, 67-70, 106-109,116-122, 131, and 147-167,
said head (e.g. item 82) of first of said through-member (e.g. items 80) corresponding with the claimed “connection plate,” as claimed,
reading on “a connection plate arranged at another side of the plurality of layers of tabs in the thickness direction of each of the tabs;” and,
(4) said at least one through-member (e.g. items 80) is composed of said electrically conductive material extending in said thickness direction though each through-hole within said stack of said plurality of current collector exposed parts in said thickness direction to establish electrical conduction among said stacked electrodes,
said at least one through-member comprising said shaft (e.g. item 81), which may have said semicylindrical shape, said at least one through-member comprising said head (e.g. item 82) at one end of said shaft, said head having said larger diameter than that of said shaft; and, said shaft contacts said inside surface of one of said tab electrodes (e.g. items 41 or 42) at said opposite end of said shaft to said head (e.g. supra), noting—for purposes of e.g. claim 8, each said shafts of second or more of said plurality of through-members are located—in said thickness direction—“between” said head (e.g. item 82) of said first of said through-member,
said shaft (e.g. item 81) of said at least one through-member corresponding with the claimed “protrusion,”
establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 21445.05(I), reading on “at least one protrusion arranged between the connection plate and the protection plate, each of the at least one protrusion penetrating and being electrically connected to the plurality of layers of tabs.”
Regarding claims 2-5, Hasegawa teaches the cell of claim 1, wherein said first of said at least one through-member (e.g. items 80) is composed of said electrically conductive material extending in said thickness direction though each through-hole within said stack of said plurality of current collector exposed parts in said thickness direction to establish electrical conduction among said stacked electrodes, said first of said at least one through-member comprising said shaft (e.g. item 81), which may have said semicylindrical shape, said first of said at least one through-member comprising said head (e.g. item 82) at one end of said shaft, said head having said larger diameter than that of said shaft; and, said shaft contacts said inside surface of one of said tab electrodes (e.g. items 41 or 42) at said opposite end of said shaft to said head (e.g. supra),
said head (e.g. item 82) of said first of said through-member (e.g. items 80) corresponding with the claimed “connection plate,” as claimed; and,
said electrode tabs (e.g. items 41 or 42) corresponding with the claimed “protection plate,” as claimed,
reading on “each of the at least one protrusion has an end connected to the connection plate and another end located inside of an outer side surface of the protection plate” (claim 2); “the other end of each of the at least one protrusion is connected to the protection plate” (claim 3); “the other end of each of the at least one protrusion is fixed to an inner side surface of the protection plate.” (claim 4); and, “each of the at least one protrusion is arranged at the connection plate, and is connected to the protection plate by penetrating the plurality of layers of tabs” (claim 5).
Regarding claim 7, Hasegawa teaches the cell of claim 1, wherein said at least one through-member (e.g. items 80, also “through-part”) is composed of said electrically conductive material extending in said thickness direction though each through-hole within said stack of said plurality of current collector exposed parts in said thickness direction to establish electrical conduction among said stacked electrodes, said at least one through-member comprising said shaft (e.g. item 81), which may have said semicylindrical shape (e.g. supra), reading on “each of the at least one protrusion extends along a … curved line in a plane perpendicular to the thickness direction of each of the tabs.”
Regarding claim 8, Hasegawa teaches the cell of claim 1, wherein said illustrated example provides for four through-members (e.g. items 80) aligned in said width (Y-direction), such that said middle two of said through-members (e.g. items 80) is welded, such as by ultrasonic welding, to one of said pair of electrode tabs plus to said plurality of stacked current collector exposed parts of one of said cathodes and said anodes, resulting in reduced contact resistance, stronger electrical conduction with the electrode, and suppressed decrease in cell capacity resulting from increases in contact resistance (e.g. supra), noting—for purposes of e.g. claim 8, each said shafts of second or more of said plurality of through-members are located—in said thickness direction—“between” said head (e.g. item 82) of said first of said through-member,
said shaft (e.g. item 81) of said at least one through-member corresponding with the claimed “protrusion;” and,
said width direction (Y-direction) corresponds with the claimed “ultrasonic vibration direction,”
reading on “the plurality of protrusions are connected to the plurality of layers of tabs through ultrasonic welding, and are arranged more densely in an ultrasonic vibration direction than in other directions.”
Regarding claim 9, Hasegawa teaches the cell of claim 1, said cell comprising each cathode including said current collector comprising said current collector exposed part (e.g. item 11a), wherein said plurality of cathode current collectors may be said multi-layered structure composed of aluminum vapor deposited on both sides of said insulating propylene resin film layer; and, each anode including said current collector comprising said current collector exposed part (e.g. item 21a), wherein said plurality of anode current collectors may be composed of copper vapor deposited on both sides of said insulating propylene resin film layer (e.g. supra), reading on each of the tabs comprises a support insulation layer; and a first conductive layer and a second conductive layer that cover two side surfaces of the support insulation layer in a thickness direction of the support insulation layer, respectively.”
Regarding claims 10-12 and 14, Hasegawa teaches the cell of claim 1, wherein first of said at least one through-member (e.g. items 80) is composed of said electrically conductive material extending in said thickness direction though each through-hole within said stack of said plurality of current collector exposed parts in said thickness direction to establish electrical conduction among said stacked electrodes,
said first of said at least one through-member comprising said shaft (e.g. item 81), which may have said semicylindrical shape, said first of said at least one through-member comprising said head (e.g. item 82) at one end of said shaft, said head having said larger diameter than that of said shaft; and, said shaft contacts said inside surface of one of said electrode tabs (e.g. items 41 or 42) at said opposite end of said shaft to said head,
wherein said illustrated example provides for four through-members (e.g. items 80) aligned in said width direction (Y-direction), such that said middle two of said through-members (e.g. items 80) is welded, such as by ultrasonic welding, to one of said pair of electrode tabs plus to said plurality of stacked current collector exposed parts of one of said cathodes and said anodes, resulting in reduced contact resistance, stronger electrical conduction with the electrode, and suppressed decrease in cell capacity resulting from increases in contact resistance (e.g. supra),
an assembly of said head (e.g. item 82), electrode tab (e.g. items 41 or 42), and said shaft (e.g. item 82), corresponding with the claimed “conductive connection assembly;”
an end of said shaft (e.g. item 82) adjacent to said inside surface of one of said tab electrodes corresponding with the claimed “piecing portion” (claim 14), as claimed; and,
a body of said shaft (e.g. item 82) between said end and said head (e.g. item 82) corresponding with the claimed “connection segment” (claim 14), as claimed,
reading on “further comprising: a conductive connection assembly comprising the protection plate and the connection plate, wherein the connection plate and/or the protection plate are provided with the at least one protrusion, the at least one protrusion piercing the plurality of layers of tabs…being electrically connected to the plurality of layers of tabs” (claim 10); “the connection plate is provided with the at least one protrusion, each of the at least one protrusion having an end connected to the connection plate and another end connected to the protection plate, and the at least one protrusion that is arranged at the connection plate piercing the plurality of layers of tabs…and being electrically connected to the plurality of layers of tabs” (claim 11); and, “the other end of each of the at least one protrusion is fixed to an inner side surface of the protection plate or arranged in the protection plate…” (claim 12), wherein the method steps “the at least one protrusion piercing the plurality of layers of tabs through high frequency vibration…, the high frequency vibration having a frequency ranging from 15 KHz to 40 KHz” (claim 10); “piercing the plurality of layers of tabs through the high frequency vibration” (claim 11); and, fixed …through the ultrasonic welding” (claim 12) severably do not patentably distinguish the claimed product, see e.g. MPEP § 2113, see also instant specification, at e.g. ¶¶ 0097-106, 109-112, and116; and, “further comprising an conductive connection assembly comprising the protection plate and the connection plate, wherein the connection plate and/or the protection plate are provided with the at least one protrusion, each of the at least one protrusion comprising a connection segment and a piercing segment connected to each other in a height direction of each of the at least one protrusion, the connection segment having an end connected to the connection plate…and another end connected to the piercing segment, the piercing segment being configured to pierce the plurality of layers of tabs, and each of the at least one protrusion being electrically connected to the plurality of layers of tabs” (claim 14).
Regarding claims 19-20, Hasegawa is applied as provided supra, with the following modifications.
Still regarding independent claims 19-20, Hasegawa teaches said nonaqueous secondary cell used in said cell pack, said cell capable of suppressing decreases in cell performance while improving safety (e.g. supra), severably reading on “battery cell, comprising a current collector, wherein the current collector comprises…” (claim 19) and “battery pack, comprising a battery cell comprising a current collector, wherein the current collector comprises…” (claim 20).
Conclusion
The art made of record and not relied upon is considered pertinent to applicant's disclosure.
Shikata (US 2026/0112791);
Kwon (US 2024/0408694);
Zhou et al (US 2023/0110308);
Yamanaka et al (US 2022/0241890);
Harima (US 2022/0037750);
Peng (US 2021/0399269);
Ito et al (US 2021/0280837);
Lee et al (US 2021/0119305);
Mayer et al (US 2020/0353696);
Mino (US 2018/0358608); and,
Robert et al (US 2018/0287316).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSHITOSHI TAKEUCHI whose telephone number is (571)270-5828. The examiner can normally be reached M-F, 8-4.
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, TIFFANY LEGETTE-THOMPSON can be reached at (571)270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YOSHITOSHI TAKEUCHI/Primary Examiner, Art Unit 1723
