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 Interpretation
Regarding the claim limitation “at the same position in the winding direction” in line 3 of claim 5, absent a specific definition, the term will be treated under BRI. Note that any overlapping point in the winding direction would meet the limitation.
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 6 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 6 recites “ The power storage cell according to claim 1, wherein: the thickness of the electrode composite material layer located in the first portion is an average thickness of the thickness of the electrode composite material layer located in the first portion; and the thickness of the electrode composite material layer located in the second portion is an average thickness of the thickness of the electrode composite material layer located in the second portion.” in lines 2-7 renders the claim indefinite because it is unclear what is being claimed. At this time, the examiner is unable to provide a reasonable interpretation and thus the claim cannot be treated on the merits.
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.
Claim(s) 1-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by NISHINO et al. (EP3780242A1, provided by applicant)
Regarding Claim 1, NISHINO discloses a power storage cell (battery, title) comprising: an electrode body (16&17) in which a sheet member (14) is wound surrounding a winding axis (winding position,[0032]) (see annotated fig.1 Below); a housing case (15) in which the electrode body (16&17) is housed (see annotated fig. 1), wherein: the sheet member (14) includes an electrode sheet (11&12) and a separator (13); the electrode sheet (11&12) includes a current collector plate (electrode plate[0023]) and an electrode composite material layer (mixture layer[0023]) formed on the current collector plate (electrode plate[0023]); the electrode composite material layer (mixture layer[0023]) includes a starting terminal portion (winding-start side, [0057]) in a winding direction (winding direction[0035]), an ending terminal portion (winding-end side[0057]) located on an opposite side (see fig. 7(b)) (note Fig.7(b) is the same embodiment as Fig. 1) from the starting terminal portion (winding-start side[0057]), a first portion (winding-start region[0057]) located in one winding portion (winding direction,[0057]) from the starting terminal portion (winding-start side[0057]), and a second portion (winding-end region[0057]) located on the ending terminal portion side (winding-end side[0057]) from the first portion (winding-start region[0057]); and a thickness (thickness[0018]) of the electrode composite material layer (mixture layer[0023]) located in the first portion (winding-start region[0057]) is smaller ( See fig. 3 and the following fig. 4 to 7, [0018])(note annotated Fig.3 is the same embodiment as Fig. 1) than a thickness (thickness[0018]) of the electrode composite material layer (mixture layer[0023]) located in the second portion (winding-end region[0057]).
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Regarding Claim 2, NISHINO discloses the power storage cell (battery, title) according to claim 1, wherein: the electrode sheet (11&12) includes an anode sheet (12) and a cathode sheet (11); the anode sheet(12) includes an anode current collector (foil of metal[0028]) and an anode composite material layer (negative electrode inner/outer mixture layer 42/43) formed on the anode current collector (foil of metal[0028]); the cathode sheet (11) includes a cathode current collector (foil of metal[0022]) and a cathode composite material layer (positive electrode inner/outer mixture layer 32/33) formed on the cathode current collector (foil of metal[0022]); and in at least one of the anode composite material layer (negative electrode inner/outer mixture layer 42/43) and the cathode composite material layer (positive electrode inner/outer mixture layer 32/33), the thickness of the first portion (winding-start region[0057]) is smaller than ( See fig. 3 and the following fig. 4 to 7 shown above, [0018]) the thickness of the second portion (winding-end region[0057]).
Regarding Claim 3, NISHINO discloses the power storage cell (battery, title) according to claim 2, wherein: the anode composite material layer (negative electrode inner/outer mixture layer 42/43) is fashioned to become thinner ([0035]) (See annotated fig. 3 below) from the ending terminal portion (winding -end side,[0057]) toward the starting terminal portion (winding-start side, [0057]); and the cathode composite material layer (positive electrode inner/outer mixture layer 32/33) is fashioned to become thinner ([0035])(See annotated fig. 6 below) from the ending terminal portion (winding -end side,[0057]) toward the starting terminal portion (winding-start side, [0057]).
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Regarding Claim 4, NISHINO discloses the power storage cell (battery, title) according to claim 3, wherein a ratio between the thickness of the anode composite material layer (negative electrode inner/outer mixture layer 42/43) and the thickness of the cathode composite material layer (positive electrode inner/outer mixture layer 32/33) is constant (uniform [0035]) from the ending terminal portion (winding -end side,[0057]) to the starting terminal portion (winding-start side [0057]).
Regarding Claim 5, NISHINO discloses the power storage cell (battery, title) according to claim 2, wherein the thickness of the cathode composite material layer (positive electrode inner/outer mixture layer 32/33) is greater than (larger than[0036]) the thickness of the anode composite material layer (negative electrode inner/outer mixture layer 42/43) at the same position (See Fig. 3 where an overlapping point would meet this under BRI as indicated above) in the winding direction (winding direction [0035]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
(EP3780242A1, provided by applicant) discloses a power storage cell (battery, title); winding axis (winding position [0032]); thickness (thickness [0018]) of the electrode composite material layer (mixture layer [0023]).
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/C.C.F./Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754
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