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 .
Status of the Claims
The claims submitted 01/17/2024 have been entered and fully considered. Claims 1-12 are pending and examined herein.
Claim Rejections - 35 USC § 102
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 1-2 and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 2020-080250 A (“Ando” – machine translation cited herein).
Regarding claim 1, Ando discloses a cylindrical secondary battery 10 comprising a case body 15 (“outer package member”) having a columnar shape and an electrode body 14 (“battery device”) contained inside the case body 15 and including a negative electrode plate 12 (“first electrode”) and a positive electrode plate 11 (“second electrode”) (Fig. 1; [0010], [0014]). The negative electrode plate 12 and the positive electrode plate 11 are opposed to each other and wound (Fig. 1; [0010]).
The negative electrode plate 12 includes a leading end part located on a side closer to a center of the electrode body 14 that is wound once or more on a side closer to the side closer to the center of the electrode body 14 than the positive electrode plate 11 (see the innermost winding of negative electrode plate 12 as shown in Fig. 4).
The leading end part includes a bent portion 12c (“bent part”) (Fig. 6), and in the bent part, the leading end part is bent to be partly recessed toward the center of the electrode body 14. Ando describes the bent portion 12c as being formed after the starting end 31a of the positive electrode plate 11 and therefore in the claimed leading end part of negative electrode plate 12 (Fig. 6; [0056]). Level A in Fig. 6 shows the bent portion 12c in the inventive example and levels B and C show the bent portion 12c of the comparative example (Table 1; [0058]-[0060]). Any of these reads on the claimed bent part.
Regarding claim 2, Ando discloses the secondary battery of claim 1. Ando further discloses the negative electrode plate 12 (“first electrode”) includes a negative electrode current collector 35 and a negative electrode mixture layer 36 (“active material layer”) provided on the negative electrode current collector 35 (Fig. 3; [0012]). In the leading end part, the negative electrode current collector 35 has an exposed portion 37 without the negative electrode mixture layer 36 being provided on the negative electrode current collector 35 (Figs. 3, 4; [0012], [0029]-[0031]).
Regarding claim 12, Ando discloses the secondary battery of claim 1. Ando further the secondary battery is a lithium-ion secondary battery (Example 1; [0049]-[0052]).
Claim Rejections - 35 USC § 103
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 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2020-080250 A (“Ando” – machine translation cited herein) in view of US 2021/0210813 A1 (“Sun”).
Regarding claims 7 and 11, Ando discloses the secondary battery of claim 1. Ando does not expressly disclose the structure wherein the outer package member has a through hole, and the secondary battery further comprises: an electrode terminal disposed on an outer side of the outer package member and blocking the through hole; and an insulating sealing member disposed between the outer package member and the electrode terminal [claim 7] or wherein the battery device has a columnar shape and includes two bottom parts opposed to each other, and a height of the battery device is smaller than an outer diameter of the battery device, the height of the battery device being a distance between the two bottom parts [claim 11].
Sun discloses a rechargeable lithium-ion button cell battery (Abstract). The battery comprises lower plate 1 and cup 11 (collectively “outer package member”), wherein the lower plate 1 has a through hole at the center (Figs. 1-3, 5). The battery comprises an inner conductive structure 3 (“electrode terminal”) disposed on an outer side of the outer package member and blocking the through hole (Figs. 1, 3, 5). An insulation gasket 4 (“insulating sealing member”) is disposed between the outer package member and the inner conductive structure 3 (Figs. 1, 3, 5). In an example, the battery has a height of 4.0 mm (between the lower plate 1 and the bottom of the cup 11) and a diameter of 7.8 mm ([0074]). Sun discloses the design minimizes the top plate of the battery housing, leaving maximum space for inner materials, with single sidewall design, to make the button cell with higher energy density ([0011]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use the structure of the battery housing taught by Sun to provide a button cell with higher energy density. Moreover, this amounts to combining prior art elements according to known methods to yield predictable results in view of the disclosures of Ando and Sun. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 8, modified Ando discloses the secondary battery of claim 7. Sun further discloses the lower plate 1 is made of metal ([0037]) and the cup 11 is made of stainless steel ([0043]); therefore, the outer package member has an electrical conducting property. One of the electrodes is electrically coupled to the inner conductive structure 3 (via battery tab 34) and the other of the electrodes is electrically coupled to outer package member (via battery tab 35) (Figs. 5, 8; [0050]).
Regarding claim 9, modified Ando discloses the secondary battery of claim 7. Sun further discloses the outer package member comprises the cup 11 (“container part”) having an opening and containing the electrode assembly inside, and the lower plate 1 having the through hole and closing the opening (Fig. 5). The cup 11 and the lower plate 1 (of top plate 13) are joined to each other via welding line 20 (Fig. 5; [0043]).
Regarding claim 10, modified Ando discloses the secondary battery of claim 9. Sun further discloses the lower plate 1 includes a recessed part (formed by sidewall 7 and flat metal 2) in which the through hole is provided (Figs. 1, 3, 5). In the recessed part, the lower plate 1 is bent to be partly recessed toward an inside of the cup 11, and the inner conductive structure 3 is disposed inside the recessed part (Figs. 1, 3, 5).
Claims 1-6 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over US 2025/0226454 A1 (“Matsumoto”) in view of US 2019/0221824 A1 (“Tsuji”).
Regarding claim 1, Matsumoto discloses a cylindrical nonaqueous electrolyte secondary battery 10 (Fig. 1). The battery 10 comprises an exterior can 16 and sealing member 17 (collectively (outer package member”) having a columnar shape, and an electrode assembly 14 (“battery device”) contained inside the outer package member and including a negative electrode 12 (“first electrode”) and a positive electrode 11 (“second electrode”) (Fig. 1; [0014]). The negative electrode 12 and the positive electrode 11 are opposed to each other and wound (Fig. 1; [0014]).
The negative electrode 12 includes a non-facing portion 60 (“leading end part”) located on a side close to a center of the electrode assembly 14 (Fig. 3; [0030]). The non-facing portion 60 includes a bent portion 71 (“bent part”) and in the bent portion 71, the non-facing portion 60 is bent to be partly recessed toward the center of the electrode assembly 14 (Figs. 3, 4; [0031]-[0033]).
Matsumoto does not expressly disclose the leading end part is wound once or more on a side closer to the center of the battery device than the second electrode.
Tsuji discloses a non-aqueous electrolyte secondary battery 10 comprising an electrode body 14 comprising a positive electrode 11 and a negative electrode 12 which are wound (Abstract; Fig. 1). Tsuji discloses the negative electrode 12 is wound at least once on a side closer to the center of the electrode assembly than the positive electrode 11 (Figs. 4, 6, 7). The positioning suppresses the occurrence of buckling ([0043]-[0044], [0049]-[0050]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide the claimed configuration because Tsuji teaches it suppresses the occurrence of buckling.
Regarding claim 2, modified Matsumoto discloses the secondary battery of claim 1. Matsumoto further discloses the negative electrode 12 has a negative electrode core 51 (“current collector”) and a negative electrode mixture layer 52 (“active material layer”) provided on the negative electrode core 51 (Fig. 3; [0020]). As shown in Fig. 3, in the non-facing portion 60, the negative electrode core 51 is exposed without the negative electrode mixture layer 52 being provided on the negative electrode core 51.
Regarding claims 3-5, modified Matsumoto discloses the secondary battery of claim 1. Matsumoto does not expressly disclose an angle defined by a first straight line and a second straight line is greater than or equal to 15 degrees and less than or equal to 345 degrees, the first straight line coupling the center of the battery device and a leading end of the second electrode located on the side close to the center of the battery device to each other, the second straight line coupling the center of the battery device and a center of each of the one or more bent parts to each other. However, Matsumoto discloses the bent portion 71 is positioned more on the winding finishing side than a position of ¼ rounds from the facing portion 58 to the winding starting side on the negative electrode 12 ([0031]). The angle would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention because the angle disclosed by Matsumoto overlaps the angle as claimed. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976). Furthermore, “[t]he normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages.” In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003). See also In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); and MPEP 2144.05.
Regarding claim 6, modified Matsumoto discloses the secondary battery of claim 3. Matsumoto does not expressly disclose the one or more bent parts of the leading end part comprise two bent parts, and the angle for a first one of the one or more bent parts is greater than or equal to 75 degrees and less than or equal to 105 degrees, and the angle for a second one of the one or more bent parts is greater than or equal to 255 degrees and less than or equal to 285 degrees.
It would have been obvious to one having ordinary skill in the art at the time the invention was made to provide two bent portions, since it has been held that mere duplication of the essential working parts of a device involves only routine skill in the art. In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960).
Regarding the positioning of the bent portions, it has been held that if a claimed invention reads on the prior art except with regard to the position of a component of a device, the invention is unpatentable if switching the position of the component would have not modified the operation of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this case, rearranging the positioning of the bent portions would not have modified operation of the battery. Moreover, one would be motivated to find the optimum positioning of the bent portions as Matsumoto discloses the positioning of the bent portion affects the uniformity of the charge and discharge reactions ([0032]).
Regarding claim 12, modified Matsumoto discloses the secondary battery of claim 1. Matsumoto discloses the battery is a lithium-ion secondary battery ([0016], [0018], [0021]).
Claims 7-11 are rejected under 35 U.S.C. 103 as being unpatentable over US 2025/0226454 A1 (“Matsumoto”) in view of US 2019/0221824 A1 (“Tsuji”) as applied to claim 1 above, and further in view of US 2021/0210813 A1 (“Sun”).
Regarding claims 7 and 11, modified Matsumoto discloses the secondary battery of claim 1. Matsumoto does not expressly disclose the structure wherein the outer package member has a through hole, and the secondary battery further comprises: an electrode terminal disposed on an outer side of the outer package member and blocking the through hole; and an insulating sealing member disposed between the outer package member and the electrode terminal [claim 7] or wherein the battery device has a columnar shape and includes two bottom parts opposed to each other, and a height of the battery device is smaller than an outer diameter of the battery device, the height of the battery device being a distance between the two bottom parts [claim 11].
Sun discloses a rechargeable lithium-ion button cell battery (Abstract). The battery comprises lower plate 1 and cup 11 (collectively “outer package member”), wherein the lower plate 1 has a through hole at the center (Figs. 1-3, 5). The battery comprises an inner conductive structure 3 (“electrode terminal”) disposed on an outer side of the outer package member and blocking the through hole (Figs. 1, 3, 5). An insulation gasket 4 (“insulating sealing member”) is disposed between the outer package member and the inner conductive structure 3 (Figs. 1, 3, 5). In an example, the battery has a height of 4.0 mm (between the lower plate 1 and the bottom of the cup 11) and a diameter of 7.8 mm ([0074]). Sun discloses the design minimizes the top plate of the battery housing, leaving maximum space for inner materials, with single sidewall design, to make the button cell with higher energy density ([0011]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use the structure of the battery housing taught by Sun to provide a button cell with higher energy density. Moreover, this amounts to combining prior art elements according to known methods to yield predictable results in view of the disclosures of Ando and Sun. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 8, modified Matsumoto discloses the secondary battery of claim 7. Sun further discloses the lower plate 1 is made of metal ([0037]) and the cup 11 is made of stainless steel ([0043]); therefore, the outer package member has an electrical conducting property. One of the electrodes is electrically coupled to the inner conductive structure 3 (via battery tab 34) and the other of the electrodes is electrically coupled to outer package member (via battery tab 35) (Figs. 5, 8; [0050]).
Regarding claim 9, modified Matsumoto discloses the secondary battery of claim 7. Sun further discloses the outer package member comprises the cup 11 (“container part”) having an opening and containing the electrode assembly inside, and the lower plate 1 having the through hole and closing the opening (Fig. 5). The cup 11 and the lower plate 1 (of top plate 13) are joined to each other via welding line 20 (Fig. 5; [0043]).
Regarding claim 10, modified Matsumoto discloses the secondary battery of claim 9. Sun further discloses the lower plate 1 includes a recessed part (formed by sidewall 7 and flat metal 2) in which the through hole is provided (Figs. 1, 3, 5). In the recessed part, the lower plate 1 is bent to be partly recessed toward an inside of the cup 11, and the inner conductive structure 3 is disposed inside the recessed part (Figs. 1, 3, 5).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Scott Carrico whose telephone number is (571)270-5504. The examiner can normally be reached Monday-Friday 9:15AM-6PM ET.
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Robert Scott Carrico
Primary Examiner
Art Unit 1727
/Robert S Carrico/Primary Examiner, Art Unit 1727