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 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.
Claim(s) 1 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song (US 20060269835 A1).
Regarding claim 1, Song teaches a power storage cell comprising:
a cell case (Fig. 2, 210, [0058]);
a wound electrode assembly (Fig. 2, 220, [0058]); and
an electrolyte solution [0074], wherein
the cell case houses the wound electrode assembly and the electrolyte solution [0074],
the wound electrode assembly is impregnated with the electrolyte solution [0074],
the cell case includes a top wall, a peripheral wall, and a bottom wall (Fig. 2, 210, 231, [0070], [0058]),
the top wall faces the bottom wall (Fig. 2, bottom of 210, 231, [0070], [0058]),
the peripheral wall connects the top wall and the bottom wall (Fig. 2, 210, [0058]),
the wound electrode assembly includes a positive electrode sheet, a separator sheet, and a negative electrode sheet (Fig. 1A, [0049] upper portion),
a winding axis direction of the wound electrode assembly is along a direction from the bottom wall toward the top wall (Fig. 2, 220, [0058]), and
in the winding axis direction,
the wound electrode assembly has a first end portion and a second end portion (Fig. 1A, [0049] upper portion),
the first end portion faces the top wall [0049],
the second end portion is located opposite to the first end portion (Fig. 1A, bottom portion),
at both the first end portion and the second end portion, the separator sheet extends outward with respect to the negative electrode sheet ([0049], second electrode plate),
at the first end portion, the separator sheet has a first protruding length ([0049], Lupper),
at the second end portion, the separator sheet has a second protruding length ([0049] Llower),
each of the first protruding length and the second protruding length is a length of the separator sheet protruding from the negative electrode sheet in the winding axis direction (“The term “protruding width” refers to the distance that the separator protrudes from whichever electrode plate extends the farthest in the width direction.” [0062]), and
the first protruding length is longer than the second protruding length [0025].
Regarding claim 5, Song teaches the power storage cell according to claim 1, wherein
the cell case includes a case main body (Fig. 2, 210, [0058]) and a lid (Fig. 2, 231, [0062]),
the case main body includes the peripheral wall and the bottom wall (Fig. 2, 210, [0058]),
the peripheral wall rises from the bottom wall (Fig. 2, 210, [0058]),
the case main body has an opening surface (Fig. 2, 231, [0062]),
the opening surface faces the bottom wall (Fig. 2, 231, [0062]),
the lid includes the top wall (Fig. 2, 231, [0062]), and
the lid closes the opening surface (Fig. 2, 231, [0062]).
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.
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.
Claim(s) 2-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Song (US 20060269835 A1).
Regarding claim 2, Song teaches the power storage cell according to claim 1, wherein a ratio of the first protruding length to the second protruding length is 1.3 to 2 [0049]. This range overlaps with the claimed range of 1.5 to 5. 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); In re Woodruff, 919 F. 2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 3, Song teaches the power storage cell according to claim 1, wherein a difference between the first protruding length and the second protruding length is 0.3 to 1.0 mm [0049]. This overlaps with the claimed range of 1 to 5 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. In re Wertheim, 541 F. 2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F. 2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 4, Song teaches the power storage cell according to claim 1, wherein
the first protruding length is 1 to 2 mm [0050], and
the second protruding length is 1 to 2 mm [0051]. Theses ranges overlap with the claimed ranges of 2 to 5 mm and 0.5 to 1.5 mm, respectively. 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); In re Woodruff, 919 F. 2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Ikeda (JP 2011076796 A, cited in the IDS) teaches a non-aqueous secondary battery with a wound electrode. The separators are protruding from top and bottom part of the electrodes (Abstract).
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/YVONNE WEI/Examiner, Art Unit 1722
/NIKI BAKHTIARI/Supervisory Patent Examiner, Art Unit 1722
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