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 .
Drawings
The drawings received on 06/11/2026 were reviewed and are acceptable.
Status of Claims
The Applicant’s amendment and arguments, filed 06/11/2026, have been entered. Claims 1-3, 12-14, and 16-20 are amended and claims 4-11, and 15 stand as originally or previously presented. Support for the amendments is found in the original filing, and there is no new matter.
Upon considered said amendments and arguments, the previous 35 U.S.C. 102/103 rejection set forth in Office Action mailed 04/30/2026 has been withdrawn. Amended and new grounds of rejections under 35 U.S.C. 103 citing to newly cited art are set forth below as necessitated by the claim amendments.
However, the previous 35 U.S.C. 112(b) rejection and non-statutory double patenting rejection set forth in Office Action mailed 04/30/2026 has been maintained, as set forth below.
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(s) 1-20 is/are 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.
Claims 1, 12, and 17 recites the limitation “a recess is formed at an inner side of each of the plurality of first protrusions and a recess is formed at an inner side of each of the plurality of second protrusions” in lines 24-25. It is unclear whether the recess for each protrusion refers to a same recess or a different recess.
For purposes of this Office Action, it will be assumed that a recess is formed at an inner side of each of the plurality of first protrusions is a first recess, and a recess is formed at an inner side of each of the plurality of second protrusions is a second recess.
Claims 1, 12, and 17 recites the limitation “wound structure having a plurality of turns including a first turn and a second turn, the first turn is outwardly adjacent to the second turn, and the first electrode plate of the first turn is outwardly adjacent to the first separator of the second turn”. It is unclear how the “first turn” and “second turn” are defined. In addition, it is unclear how a “second turn” can be relative to the “first turn” if a first turn is not clearly defined. It is unclear if the “first turn” and “second turn” refers to a specific layer or encompasses the overall first bend and second bend.
For purposes of this Office Action, it will be assumed that the “first turn” and “second turn” correspond to the first bend and second bend, respectively, as shown in Annotated Figure 1A below.
Claims 2-11, 13-16, and 18-20 are hereby rejected due to dependency from rejected Claims 1, 12, and 17, respectively.
Appropriate correction is required.
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.
Claim(s) 1-4 and 6-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa et al. (US 20050123824 A1, hereinafter Ishikawa), in view of Sumihara et al. (US 20100167111 A1, hereinafter Sumihara).
Regarding Claim 1, Ishikawa discloses the limitations regarding an electrode assembly (Ishikawa, wound electrode group, Abstract), comprising:
a first electrode plate (Ishikawa, negative electrode plates, [0015], Annotated Figure 1A below);
a second electrode plate having an outer side and an inner side (Ishikawa, positive electrode plate, [0015], Annotated Figure 1A below);
a first separator positioned at and adjacent to the outer side of the second electrode plate (Ishikawa, Annotated Figure 1A below, [0037]); and
a second separator disposed between the first electrode plate and the second electrode plate and adjacent to the inner side of the second electrode plate (Ishikawa, Annotated Figure 1A below, [0037]), wherein
the electrode assembly is configured in a wound structure having a plurality of turns including a first turn and a second turn, the first turn is outwardly adjacent to the second turn, and the first electrode plate of the first turn is outwardly adjacent to the first separator of the second turn (Ishikawa, Annotated Figure 1A), wherein the wound structure comprises:
a main region (Ishikawa, Annotated Figure 1A below); and
a corner region positioned at an end of the main region and along a width direction of the main region (Ishikawa, Annotated Figure 1A below), and
a first gap and a second gap are formed between the first electrode plate of the first turn and the first separator of the second turn (Ishikawa, the clearance 11 should optimally be provided between each two adjacent turns, [0043], Figure 2),
the first gap corresponds to the corner region in position, the second gap corresponds to the main region in position (Ishikawa, spacers 14 are set at four locations, two in the lengthwise center opposite each other and another two in the center of both curved ends opposite each other, so that four clearances 11 are formed, and the spacers are removed when the winding process is finished, [0049-0050], Figure 4; the Examiner notes that the claimed gaps are formed when the spacers are removed), and
the first gap is larger than the second gap in dimension (Ishikawa, the prismatic wound electrode group 1 obtained through this winding process will then undergo pressing in which pressure is applied in the direction of thickness of the oval cross sectional shape so that the clearances 11 that are present in the linear portions are moved towards the curved portions by the pressure, whereby the clearances 11 are always located at the curved portions after the pressing, [0050], Figure 4; the Examiner notes that applying pressure in the thickness direction will cause the clearance formed by the spacer in the lengthwise center to be smaller than the clearance formed at the curved ends).
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Ishikawa is silent regarding the second electrode plate comprises a plurality of first protrusions and a plurality of second protrusions, the first protrusions correspond to the corner region in position, the second protrusions correspond to the main region in position, the plurality of first protrusions and the plurality of second protrusions formed by stamping the second electrode plate and protrude outwardly from a same side of the second electrode plate, a recess is formed at an inner side of each of the plurality of first protrusions and a recess is formed at an inner side of each of the plurality of second protrusions.
Sumihara discloses an electrode assembly (Sumihara, spirally winding the electrode plates to form an electrode assembly, [0036]), comprising:
a first electrode plate (Sumihara, negative electrode plate, [0087]);
a second electrode plate having an outer side and an inner side (Sumihara, positive electrode plate, [0087]);
a second separator disposed between the first electrode plate and the second electrode plate and adjacent to the inner side of the second electrode plate (Sumihara, a separator interposed therebetween to obtain an electrode assembly, [0087]),
the second electrode plate comprises a plurality of first protrusions and a plurality of second protrusions (Sumihara, protrusions are formed in a predetermined arrangement pattern on at least one face of the metal foil, and at least the tops of the protrusions are not compressed, and the metal foil carries a positive electrode active material, [0029, 0078]),
the first protrusions correspond to the corner region in position, the second protrusions correspond to the main region in position (Sumihara, one face of the metal foil can have the protrusions in the aforementioned arrangement pattern while the other face can be a flat surface, so the portions of the current collector with a large curvature and under a large stress can be reinforced, [0092]),
the plurality of first protrusions and the plurality of second protrusions formed by stamping the second electrode plate (Sumihara, the protrusions are formed by applying a compression process to a metal foil by using a roller or die having corresponding depressions, [0070]) and protrude outwardly from a same side of the second electrode plate (Sumihara, one face of the metal foil can have the protrusions in the aforementioned arrangement pattern while the other face can be a flat surface, [0092]),
a recess is formed at an inner side of each of the plurality of first protrusions and a recess is formed at an inner side of each of the plurality of second protrusions (Sumihara, the protrusions are formed by applying a compression process to a metal foil by using a roller or die having corresponding depressions, [0070], Figure 3; the Examiner notes that there is a recess formed from the forming process).
Sumihara teaches that the protrusions suppress the misalignment of the wound electrode plates and separation of active material in the step of spirally winding the electrode plates to form an electrode assembly (Sumihara, [0036]).
Ishikawa and Sumihara are analogous to the current invention as they are all directed towards a wound electrode assembly.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include protrusions in the electrode plates of Ishikawa, as taught by Sumihara, in order to suppress the misalignment of the wound electrode plates and separation of active material in the step of spirally winding the electrode plates to form an electrode assembly.
Regarding Claim 2, modified Ishikawa discloses all of the claim limitations as set forth above. Modified Ishikawa discloses the limitations regarding an electrode assembly (Ishikawa, wound electrode group, Abstract), a third gap and a fourth gap are formed between the second electrode plate and the first separator adjacent to the second electrode plate, the third gap corresponds to the corner region in position, the fourth gap corresponds to the main region in position, and the third gap is larger than the fourth gap in dimension (Ishikawa, spacers 14 are set at four locations, two in the lengthwise center opposite each other and another two in the center of both curved ends opposite each other, so that four clearances 11 are formed, and the spacers are removed when the winding process is finished, [0049-0050], Figure 4; the Examiner notes that the claimed gaps are formed when the spacers are removed).
Regarding Claim 3, modified Ishikawa discloses all of the claim limitations as set forth above. Modified Ishikawa discloses the limitations regarding an electrode assembly (Ishikawa, wound electrode group, Abstract), wherein the second electrode plate comprises a current collector and an active material layer coated on a surface of the current collector (Sumihara, a current collector includes a metal foil for carrying a positive electrode active material, [0028]),
the active material layer is disposed between the plurality of first protrusions and between the plurality of second protrusions (Sumihara, protrusions are formed in a predetermined arrangement pattern on at least one face of the metal foil, [0028]).
Regarding Claim 4, modified Ishikawa discloses all of the claim limitations as set forth above. Modified Ishikawa discloses the limitations regarding an electrode assembly (Ishikawa, wound electrode group, Abstract), wherein a height of the first protrusions is larger than a height of the second protrusions (Sumihara, the portions of the current collector with a large curvature and under a large stress can be reinforced, [0092]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to reinforce the portions of the current collector under a large stress, as taught by Sumihara, such that the height of the protrusions located at the curved portion, corresponding to the claimed second protrusions, would have a larger height than the protrusions located at the non-curved portion, corresponding to the claimed first protrusions.
Regarding Claim 6, modified Ishikawa discloses all of the claim limitations as set forth above. Modified Ishikawa discloses the limitations regarding an electrode assembly (Ishikawa, wound electrode group, Abstract), wherein a dimension ratio of the first gap to the second gap is less than 16 (Ishikawa, when the clearance 11 is given at one location, the coefficient k must obviously be large within the range of 0.005 to 0.05, and the spacers 14 have such a thickness that the difference L in the length between one turn of an inner turn Ca and that of an outer turn Cb of the electrode stack 7 where the spacers 14 are located equals to 2tπ + (W * k), [0043, 0048], Figures 1B, 2, and 3; the Examiner notes that the spacer forms the clearance, and the difference between the thickness of the curved clearance and the lengthwise clearance is (W * k). Further, (W * k) is expected to be less than 16, since k is 0.005 to 0.05 and w is the lengthwise width. The dimension ratio of the curved clearance and the lengthwise clearance is less than 16, which would fall within the claimed range of less than 16).
Regarding Claim 7, modified Ishikawa discloses all of the claim limitations as set forth above. Modified Ishikawa discloses the limitations regarding an electrode assembly (Ishikawa, wound electrode group, Abstract), wherein the first gap has a dimension from 20 μm to 80 μm, and the second gap has a dimension from 5 μm to 20 μm (Ishikawa, when the clearance 11 is given at one location, the coefficient k must obviously be large within the range of 0.005 to 0.05, and the spacers 14 have such a thickness that the difference L in the length between one turn of an inner turn Ca and that of an outer turn Cb of the electrode stack 7 where the spacers 14 are located equals to 2tπ + (W * k), [0043, 0048], Figures 1B, 2, and 3) (Ishikawa, this stretch in the linear portions of the electrode plates 2, 3 is effectively absorbed by the clearance 11 or looseness that is designed precisely to allow for the stretch and provided in the curved portion, so that no buckling occurs in this electrode group 1 and an ideal state is achieved in which the positive and negative electrode plates 2, 3 and separators 4A, 4B are entirely and uniformly in tight contact with each other, [0057], Annotated Figure 1A above).
The Examiner notes that while modified Ishikawa does not disclose specific dimensions for the clearance, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to routinely design the battery such that the clearance of the curve portion and lengthwise portion follows the disclosed formula (W * k), wherein k is 0.005 to 0.05, which would at least overlap the claimed dimensions, because the clearance prevents buckling from occurring in the electrode group.
Further, modified Ishikawa teaches that when the clearance 11 was given with the coefficient k being equal to, or less than, 0.005, buckling occurred in the battery, and when the clearance 11 was given with the coefficient k being equal to, or more than, 0.05, looseness in the assembly was more than necessary, whereby the wound electrode group deformed into a volute shape when inserted into the battery case, or the clearances between the positive and negative electrode plates 2, 3 and separators 4A, 4B inhibited efficient discharge, making large current discharge impossible (Ishikawa, [0040], Figure 1A-1B).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed because buckling of the battery can be prevented and selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 8, modified Ishikawa discloses all of the claim limitations as set forth above. Modified Ishikawa discloses the limitations regarding an electrode assembly (Ishikawa, wound electrode group, Abstract), wherein the first electrode plate is a negative electrode plate, and the second electrode plate is a positive electrode plate (Ishikawa, positive and negative electrode plate, [0015], Annotated Figure 1A above).
Regarding Claim 9, modified Ishikawa discloses all of the claim limitations as set forth above. Modified Ishikawa discloses the limitations regarding an electrode assembly (Ishikawa, wound electrode group, Abstract), wherein a first recess is formed at an inner side of at least one of the first protrusions, and a second recess is formed at an inner side of at least one of the second protrusions (Sumihara, the protrusions are formed by applying a compression process to a metal foil by using a roller or die having corresponding depressions, [0070], Figure 3; the Examiner notes that there is a recess formed from the forming process).
Regarding Claim 10, modified Ishikawa discloses all of the claim limitations as set forth above. Modified Ishikawa discloses the limitations regarding an electrode assembly (Ishikawa, wound electrode group, Abstract), wherein a ratio of a width of the main region to a thickness of the main region is 5-20 (Ishikawa, when the electrode stack is wound, a difference L in length between an inner turn and an adjacent outer turn satisfies L = 2tπ + (W * k), where t is a thickness of the electrode stack, W is a maximum diameter of a cross section of the wound electrode group, and k is a coefficient that is preset in accordance with expansion coefficients of active materials of the positive and negative electrode plates and is within a range from 0.005 to 0.05, Claim 1).
The Examiner notes that while modified Ishikawa does not explicitly disclose the width and thickness of the main region, modified Ishikawa does disclose their relationship in the formula L = 2tπ + (W * k), such that the ratio of a width of the main region to a thickness of the main region would at least overlap the claimed range of 5-20.
Therefore, it would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed because buckling of the battery can be prevented and selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 11, modified Ishikawa discloses all of the claim limitations as set forth above. Modified Ishikawa discloses the limitations regarding an electrode assembly (Ishikawa, wound electrode group, Abstract), wherein the wound structure has an even number of layers of the first electrode plate and an even number of layers of the second electrode plate in the main region (Ishikawa, strips of positive and negative electrode plates 2, 3 and a pair of separators 4A, 4B interposed therebetween are laminated to form an electrode stack 7, [0046]).
The Examiner notes that the winding to produce the lamination of positive and negative electrode plates form the claimed layers, and selecting an even number of layers is a finite, predictable winding choice (see MPEP 2143 I(E)).
Regarding Claim 12, modified Ishikawa discloses all of the claim limitations as set forth above. Modified Ishikawa discloses the limitations regarding an electrode assembly (Ishikawa, wound electrode group, Abstract), comprising:
a first electrode plate (Ishikawa, negative electrode plates, [0015], Annotated Figure 1A above);
a second electrode plate having an outer side and an inner side (Ishikawa, positive electrode plate, [0015], Annotated Figure 1A above);
a first separator positioned at and adjacent to the outer side of the second electrode plate (Ishikawa, Annotated Figure 1A above, [0037]); and
a second separator disposed between the first electrode plate and the second electrode plate and adjacent to the inner side of the second electrode plate (Ishikawa, Annotated Figure 1A above, [0037]), wherein
the electrode assembly is configured in a wound structure having a plurality of turns including a first turn and a second turn
the first turn is outwardly adjacent to the second turn, and the first electrode plate of the first turn is outwardly adjacent to the first separator of the second turn (Ishikawa, Annotated Figure 1A above), wherein the wound structure comprises:
a main region (Ishikawa, Annotated Figure 1A above); and
a corner region positioned at an end of the main region and along a width direction of the main region (Ishikawa, Annotated Figure 1A above), and
a first gap and a second gap are formed between the first electrode plate of the first turn and the first separator of the second turn (Ishikawa, the clearance 11 should optimally be provided between each two adjacent turns, [0043], Figure 2),
the first gap corresponds to the corner region in position, the second gap corresponds to the main region in position (Ishikawa, spacers 14 are set at four locations, two in the lengthwise center opposite each other and another two in the center of both curved ends opposite each other, so that four clearances 11 are formed, and the spacers are removed when the winding process is finished, [0049-0050], Figure 4; the Examiner notes that the claimed gaps are formed when the spacers are removed), and
the first gap is larger than the second gap in dimension (Ishikawa, the prismatic wound electrode group 1 obtained through this winding process will then undergo pressing in which pressure is applied in the direction of thickness of the oval cross sectional shape so that the clearances 11 that are present in the linear portions are moved towards the curved portions by the pressure, whereby the clearances 11 are always located at the curved portions after the pressing, [0050], Figure 4; the Examiner notes that applying pressure in the thickness direction will cause the clearance formed by the spacer in the lengthwise center to be smaller than the clearance formed at the curved ends),
wherein a third gap and a fourth gap are formed between the second electrode plate and the first separator adjacent to the second electrode plate, the third gap corresponds to the corner region in position, the fourth gap corresponds to the main region in position (Ishikawa, spacers 14 are set at four locations, two in the lengthwise center opposite each other and another two in the center of both curved ends opposite each other, so that four clearances 11 are formed, and the spacers are removed when the winding process is finished, [0049-0050], Figure 4; the Examiner notes that the claimed gaps are formed when the spacers are removed),
the second electrode plate comprises a plurality of first protrusions and a plurality of second protrusions (Sumihara, protrusions are formed in a predetermined arrangement pattern on at least one face of the metal foil, and at least the tops of the protrusions are not compressed, and the metal foil carries a positive electrode active material, [0029, 0078]),
the first protrusions correspond to the corner region in position, the second protrusions correspond to the main region in position (Sumihara, one face of the metal foil can have the protrusions in the aforementioned arrangement pattern while the other face can be a flat surface, so the portions of the current collector with a large curvature and under a large stress can be reinforced, [0092]),
the plurality of first protrusions and the plurality of second protrusions formed by stamping the second electrode plate (Sumihara, the protrusions are formed by applying a compression process to a metal foil by using a roller or die having corresponding depressions, [0070]) and protrude outwardly from a same side of the second electrode plate (Sumihara, one face of the metal foil can have the protrusions in the aforementioned arrangement pattern while the other face can be a flat surface, [0092]),
a recess is formed at an inner side of each of the plurality of first protrusions and a recess is formed at an inner side of each of the plurality of second protrusions (Sumihara, the protrusions are formed by applying a compression process to a metal foil by using a roller or die having corresponding depressions, [0070], Figure 3; the Examiner notes that there is a recess formed from the forming process).
Regarding Claim 13, modified Ishikawa discloses all of the claim limitations as set forth above. Modified Ishikawa discloses the limitations regarding an electrode assembly (Ishikawa, wound electrode group, Abstract), wherein the second electrode plate comprises a current collector and an active material layer coated on a surface of the current collector (Sumihara, a current collector includes a metal foil for carrying a positive electrode active material, [0028]),
the active material layer is disposed between the plurality of first protrusions and between the plurality of second protrusions (Sumihara, protrusions are formed in a predetermined arrangement pattern on at least one face of the metal foil, [0028]).
Regarding Claim 14, modified Ishikawa discloses all of the claim limitations as set forth above. Modified Ishikawa discloses the limitations regarding an electrode assembly (Ishikawa, wound electrode group, Abstract), wherein the third gap has a dimension equal to a height of the first protrusions, and the fourth gap has a dimension equal to a height of the second protrusions (Ishikawa, spacers 14 are set at four locations, two in the lengthwise center opposite each other and another two in the center of both curved ends opposite each other, so that four clearances 11 are formed, and the spacers are removed when the winding process is finished, [0049-0050], Figure 4; the Examiner notes that the claimed gaps are formed when the spacers are removed),
the third gap is larger than the fourth gap in dimension (Ishikawa, the prismatic wound electrode group 1 obtained through this winding process will then undergo pressing in which pressure is applied in the direction of thickness of the oval cross sectional shape so that the clearances 11 that are present in the linear portions are moved towards the curved portions by the pressure, whereby the clearances 11 are always located at the curved portions after the pressing, [0050], Figure 4; the Examiner notes that applying pressure in the thickness direction will cause the clearance formed by the spacer in the lengthwise center to be smaller than the clearance formed at the curved ends).
Regarding Claim 15, modified Ishikawa discloses all of the claim limitations as set forth above. Modified Ishikawa discloses the limitations regarding an electrode assembly (Ishikawa, wound electrode group, Abstract), wherein a dimension of the third gap is less than 80 μm, and a dimension of the fourth gap is less than 20 μm (Ishikawa, when the clearance 11 is given at one location, the coefficient k must obviously be large within the range of 0.005 to 0.05, and the spacers 14 have such a thickness that the difference L in the length between one turn of an inner turn Ca and that of an outer turn Cb of the electrode stack 7 where the spacers 14 are located equals to 2tπ + (W * k), [0043, 0048], Figures 1B, 2, and 3) (Ishikawa, this stretch in the linear portions of the electrode plates 2, 3 is effectively absorbed by the clearance 11 or looseness that is designed precisely to allow for the stretch and provided in the curved portion, so that no buckling occurs in this electrode group 1 and an ideal state is achieved in which the positive and negative electrode plates 2, 3 and separators 4A, 4B are entirely and uniformly in tight contact with each other, [0057], Annotated Figure 1A above).
The Examiner notes that while modified Ishikawa does not disclose specific dimensions for the clearance, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to routinely design the battery such that the clearance of the curve portion and lengthwise portion follows the disclosed formula (W * k), wherein k is 0.005 to 0.05, which would at least overlap the claimed dimensions, because the clearance prevents buckling from occurring in the electrode group.
Regarding Claim 16, modified Ishikawa discloses all of the claim limitations as set forth above. Modified Ishikawa discloses the limitations regarding an electrode assembly (Ishikawa, wound electrode group, Abstract), wherein the second electrode plate comprises a first region and a second region,
the first region corresponds to the corner region in position,
the second region extends from an end of the first region and corresponds to the main region in position, the first protrusions are within the first region, the second protrusions are within the second region (Ishikawa, first and second region, Annotated Figure 1A above),
a ratio of a total area of the first protrusions to an area of the first region is from 50% to 90%, and a ratio of a total area of the second protrusions to an area of the second region is from 50% to 90% (Sumihara, the current collector 10P is formed by bonding the flat surfaces of two metal foils 1 in such a manner that the protrusions 2P are out of phase in the row direction X or column direction Y by a length L1, which is 1/2 of the diameter of the protrusions 2P, [0295], Figure 21; the protrusions make up approximately ½ of the area of the surface of the current collector, which would at least overlap the claimed range of 50% to 90%).
It would have been obvious to one having ordinary skill in the art before the time of the effective filing date of the current invention to select the overlapping portions of the disclosed because selection of overlapping portions of ranges has been held to be a prima facie case of obviousness (see MPEP 2144.05 (I)).
Regarding Claim 17, modified Ishikawa discloses all of the claim limitations as set forth above. Modified Ishikawa discloses the limitations regarding a secondary battery (Ishikawa, prismatic battery, [0053]) comprising
a case (Ishikawa, a bottomed, square tube battery case having an oval cross section for accommodating the prismatic wound electrode group, [0053]),
a cap assembly (Ishikawa, a sealing plate for sealing the open end of the case, [0053]), and
an electrode assembly (Ishikawa, wound electrode group, Abstract), wherein the case comprises an accommodating cavity, the electrode assembly is disposed in the accommodating cavity (Ishikawa, a bottomed, square tube battery case having an oval cross section for accommodating the prismatic wound electrode group, [0053]), and
the cap assembly is connected with the case (Ishikawa, a sealing plate for sealing the open end of the case, [0053]), wherein
the electrode assembly (Ishikawa, wound electrode group, Abstract),
a first electrode plate (Ishikawa, negative electrode plates, [0015], Annotated Figure 1A above);
a second electrode plate having an outer side and an inner side (Ishikawa, positive electrode plate, [0015], Annotated Figure 1A above);
a first separator positioned at and adjacent to the outer side of the second electrode plate (Ishikawa, Annotated Figure 1A above, [0037]); and
a second separator disposed between the first electrode plate and the second electrode plate and adjacent to the inner side of the second electrode plate (Ishikawa, Annotated Figure 1A above, [0037]), wherein
the electrode assembly is configured in a wound structure having a plurality of turns including a first turn and a second turn
the first turn is outwardly adjacent to the second turn, and the first electrode plate of the first turn is outwardly adjacent to the first separator of the second turn (Ishikawa, Annotated Figure 1A above), wherein the wound structure comprises:
a main region (Ishikawa, Annotated Figure 1A above); and
a corner region positioned at an end of the main region and along a width direction of the main region (Ishikawa, Annotated Figure 1A above), and
a first gap and a second gap are formed between the first electrode plate of the first turn and the first separator of the second turn (Ishikawa, the clearance 11 should optimally be provided between each two adjacent turns, [0043], Figure 2),
the first gap corresponds to the corner region in position, the second gap corresponds to the main region in position (Ishikawa, spacers 14 are set at four locations, two in the lengthwise center opposite each other and another two in the center of both curved ends opposite each other, so that four clearances 11 are formed, and the spacers are removed when the winding process is finished, [0049-0050], Figure 4; the Examiner notes that the claimed gaps are formed when the spacers are removed), and
the first gap is larger than the second gap in dimension (Ishikawa, the prismatic wound electrode group 1 obtained through this winding process will then undergo pressing in which pressure is applied in the direction of thickness of the oval cross sectional shape so that the clearances 11 that are present in the linear portions are moved towards the curved portions by the pressure, whereby the clearances 11 are always located at the curved portions after the pressing, [0050], Figure 4; the Examiner notes that applying pressure in the thickness direction will cause the clearance formed by the spacer in the lengthwise center to be smaller than the clearance formed at the curved ends),
the second electrode plate comprises a plurality of first protrusions and a plurality of second protrusions (Sumihara, protrusions are formed in a predetermined arrangement pattern on at least one face of the metal foil, and at least the tops of the protrusions are not compressed, and the metal foil carries a positive electrode active material, [0029, 0078]),
the first protrusions correspond to the corner region in position, the second protrusions correspond to the main region in position (Sumihara, one face of the metal foil can have the protrusions in the aforementioned arrangement pattern while the other face can be a flat surface, so the portions of the current collector with a large curvature and under a large stress can be reinforced, [0092]),
the plurality of first protrusions and the plurality of second protrusions formed by stamping the second electrode plate (Sumihara, the protrusions are formed by applying a compression process to a metal foil by using a roller or die having corresponding depressions, [0070]) and protrude outwardly from a same side of the second electrode plate (Sumihara, one face of the metal foil can have the protrusions in the aforementioned arrangement pattern while the other face can be a flat surface, [0092]),
a recess is formed at an inner side of each of the plurality of first protrusions and a recess is formed at an inner side of each of the plurality of second protrusions (Sumihara, the protrusions are formed by applying a compression process to a metal foil by using a roller or die having corresponding depressions, [0070], Figure 3; the Examiner notes that there is a recess formed from the forming process).
Regarding Claim 18, modified Ishikawa discloses all of the claim limitations as set forth above. Modified Ishikawa discloses the limitations regarding an electrode assembly (Ishikawa, wound electrode group, Abstract), wherein a third gap and a fourth gap are formed between the second electrode plate and the first separator adjacent to the second electrode plate, the third gap corresponds to the corner region in position, the fourth gap corresponds to the main region in position, and the third gap is larger than the fourth gap in dimension (Ishikawa, spacers 14 are set at four locations, two in the lengthwise center opposite each other and another two in the center of both curved ends opposite each other, so that four clearances 11 are formed, and the spacers are removed when the winding process is finished, [0049-0050], Figure 4; the Examiner notes that the claimed gaps are formed when the spacers are removed).
Regarding Claim 19, modified Ishikawa discloses all of the claim limitations as set forth above. Modified Ishikawa discloses the limitations regarding an electrode assembly (Ishikawa, wound electrode group, Abstract), wherein the second electrode plate comprises a plurality of first protrusions and a plurality of second protrusions (Sumihara, protrusions are formed in a predetermined arrangement pattern on at least one face of the metal foil, and at least the tops of the protrusions are not compressed, and the metal foil carries a positive electrode active material, [0029, 0078]),
the first protrusions correspond to the corner region in position, the second protrusions correspond to the main region in position (Sumihara, one face of the metal foil can have the protrusions in the aforementioned arrangement pattern while the other face can be a flat surface, so the portions of the current collector with a large curvature and under a large stress can be reinforced, [0092]),
the plurality of first protrusions and the plurality of second protrusions protrude from the outer side of the second electrode plate outwardly to the first separator adjacent to the second electrode plate (Sumihara, one face of the metal foil can have the protrusions in the aforementioned arrangement pattern while the other face can be a flat surface, and a positive electrode plate and a negative electrode plate are spirally wound with separators and interposed therebetween to form an electrode assembly, [0023, 0092]).
Claim(s) 5 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishikawa et al. (US 20050123824 A1, hereinafter Ishikawa), in view of Sumihara et al. (US 20100167111 A1, hereinafter Sumihara)., as applied to Claim 1 above, and further in view of Kano et al. (US 20190372170 A1, hereinafter Kano).
Regarding Claim 5, modified Ishikawa discloses all of the claim limitations as set forth above. Modified Ishikawa discloses the limitations regarding an electrode assembly (Ishikawa, wound electrode group, Abstract). Modified Ishikawa is silent regarding the height of the first protrusions is less than 80 μm, and the height of the second protrusions is less than 20 μm.
Kano discloses an electrode assembly (Kano, winding of the electrode group, [0006]), comprising:
a first electrode plate (Kano, negative electrode, [0006]);
a second electrode plate having an outer side and an inner side (Kano, positive electrode, [0006]);
a second separator disposed between the first electrode plate and the second electrode plate and adjacent to the inner side of the second electrode plate (Kano, a separator disposed between the positive electrode and the negative electrode, [0006]),
the second electrode plate comprises a plurality of first protrusions and a plurality of second protrusions (Kano, protrusions disposed on the current collector, [0006]), wherein the height (Kano, the heights of each protrusion may be determined according to the position where the protrusion is formed, [0037]) of the first protrusions is less than 80 μm (Kano, the first average height may be 15 μm or more and 90 μm or less, and when the first average height is within such a range, the effect of absorbing a large stress applied to the outer winding portion can be enhanced, [0037]; the disclosed range of 15 μm or more and 90 μm or overlaps the claimed range of less than 80 μm), and
the height of the second protrusions is less than 20 μm (Kano, the second average height is not particularly limited as long as it is smaller than the first average height, and the influence of the relationship between the first average height and the second average height is remarkably exhibited by the contact between the protrusions and the separator, [0038]; the Examiner notes that since the second average height has to be less than the first average height, the second average height has to be less than 15 μm, which falls within the claimed range of less than 20 μm).
Kano teaches that when the first average height is within such a range, the effect of absorbing a large stress applied to the outer winding portion can be enhanced, and when the protrusion is in contact with the separator, the charge-discharge reaction can be more homogeneously performed, and the effect of improving the cycle characteristics can be enhanced (Kano, [0037-0038]).
Kano and modified Ishikawa are analogous to the current invention as they are all directed towards reducing the stress of the wound portion of a wound electrode assembly.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention for the protrusions located on the curved portions of modified Ishikawa to have a height of 15 μm or more and 90 μm or less and protrusions located at non-curved portions to have a height of less than 15 um, as taught by Kano, in order to enhance the effect of absorbing a large stress applied to the winding portion and improve the cycle characteristics.
Regarding Claim 20, modified Ishikawa discloses all of the claim limitations as set forth above. Modified Ishikawa discloses the limitations regarding an electrode assembly (Ishikawa, wound electrode group, Abstract), wherein the second electrode plate comprises a current collector and an active material layer coated on a surface of the current collector (Sumihara, a current collector includes a metal foil for carrying a positive electrode active material, [0028]),
the active material layer is disposed between the plurality of first protrusions and between the plurality of second protrusions (Sumihara, protrusions are formed in a predetermined arrangement pattern on at least one face of the metal foil, [0028]),
a height of the first protrusions is larger than a height of the second protrusions (Kano, the second average height is not particularly limited as long as it is smaller than the first average height, and the influence of the relationship between the first average height and the second average height is remarkably exhibited by the contact between the protrusions and the separator, [0038])
wherein the height (Kano, the heights of each protrusion may be determined according to the position where the protrusion is formed, [0037]) of the first protrusions is less than 80 μm (Kano, the first average height may be 15 μm or more and 90 μm or less, and when the first average height is within such a range, the effect of absorbing a large stress applied to the outer winding portion can be enhanced, [0037]; the disclosed range of 15 μm or more and 90 μm or overlaps the claimed range of less than 80 μm),
the height of the second protrusions is less than 20 μm (Kano, the second average height is not particularly limited as long as it is smaller than the first average height, and the influence of the relationship between the first average height and the second average height is remarkably exhibited by the contact between the protrusions and the separator, [0038]; the Examiner notes that since the second average height has to be less than the first average height, the second average height has to be less than 15 μm, which falls within the claimed range of less than 20 μm).
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, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (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.
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Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-16 of U.S. Patent No. 11811091 B2.
Although the claims at issue are not identical, they are not patentably distinct from each other because Claim 1 of U.S. Patent No. 11811091 B2 discloses an electrode assembly, comprising a first electrode plate, a second electrode plate, and a separator separating the first electrode plate and the second electrode plate, the separator comprising a first separator and a second separator respectively positioned at and adjacent to an outer side and an inner side of the second electrode plate; wherein the electrode assembly is wound to a flat structure, the flat structure comprises a main region and a comer region, and the comer region is provided at an end of the main region along a width direction of the main region; wherein the first electrode plate, the first and second separators, and the second electrode plate are wound to turns; wherein a first gap and a second gap are provided between two adjacent turns of the first electrode plate, the first gap corresponds to the comer region in position, the second gap corresponds to the main region in position, and a dimension of the first gap is larger than a dimension of the second gap, wherein, the second electrode plate is provided with a plurality of first protrusions and a plurality of second protrusions, the first protrusions correspond to the comer region in position, the second protrusions correspond to the main region in position, the first protrusions and the second protrusions protrude from the outer side of the second electrode plate outwardly to the first separator adjacent to the second electrode plate, wherein a third gap and a fourth gap are provided between the second electrode plate and the first separator adjacent to the second electrode plate, the third gap corresponds to the comer region in position, the fourth gap corresponds to the main region in position, a dimension of the third gap is equal to a height of the first protrusions, and a dimension of the fourth gap is equal to the height of the second protrusions, and wherein the height of the first protrusions is larger than the height of the second protrusions, the height of the first protrusions is less than 80 μm, and the height of the second protrusions is less than 20 μm, and Claim 8 discloses a first recess is formed at an inner side of each of the first protrusions and a second recess is formed at an inner side of each of the second protrusions, which are substantially similar to Instant Claims 1-5 and 11-14.
In addition, Claim 9 of U.S. Patent No. 11811091 B2 discloses a secondary battery, comprising a case, a cap assembly and an electrode assembly; wherein the case comprises an accommodating cavity, the electrode assembly is accommodated in the accommodating cavity, and the cap assembly being connected with the case; wherein the electrode assembly comprises a first electrode plate, a second electrode plate, and a separator separating the first electrode plate and the second electrode plate, the separator comprising a first separator and a second separator respectively positioned at and adjacent to an outer side and an inner side of the second electrode plate; wherein the electrode assembly is wound to a flat structure, the flat structure comprises a main region and a comer region, and the comer region is provided at an end of the main region along a width direction of the main region; wherein the first electrode plate, the first and second separators, and the second electrode plate are wound to turns; wherein a first gap and a second gap are provided between two adjacent turns of the first electrode plate, the first gap corresponds to the comer region in position, the second gap corresponds to the main region in position, and a dimension of the first gap is larger than a dimension of the second gap, wherein, the second electrode plate is provided with a plurality of first protrusions and a plurality of second protrusions, the first protrusions correspond to the comer region in position, the second protrusions correspond to the main region in position, the first protrusions and the second protrusions protrude from the outer side of the second electrode plate outwardly to toward the first separator adjacent to the second electrode plate, wherein a third gap and a fourth gap are provided between the second electrode plate and the first separator adjacent to the second electrode plate, the third gap corresponds to the comer region in position, the fourth gap corresponds to the main region in position, a dimension of the third gap is equal to a height of the first protrusions, and a dimension of the fourth gap is equal to the height of the second protrusions, and wherein the height of the first protrusions is larger than the height of the second protrusions, the height of the first protrusions is less than 80 μm, and the height of the second protrusions is less than 20 μm is substantially similar to Instant Claims 17-19.
While U.S. Patent No. 11811091 B2 does not claim “the plurality of first protrusions and the plurality of second protrusions formed by stamping the second electrode plate” of Instant Claims 1, 12, and 17 the specification paragraph [0038] of U.S. Patent No. 11811091 B2 discloses “The first protrusion P1 and the second protrusion P2 can be formed by stamping the second electrode plate 12,” Further, specification paragraph [0038] of U.S. Patent No. 11811091 B2 discloses “after forming, a recess is formed at an inner side of the first protrusion P1 and a recess is formed at an inner side of the second protrusion P2,” and the recess is claimed in Claim 8 of U.S. Patent No. 11811091 B2.
Therefore, the claimed “the plurality of first protrusions and the plurality of second protrusions formed by stamping the second electrode plate” of Instant Claims 1, 12, and 17 is not patentably distinct from the invention claimed in U.S. Patent No. 11811091 B2.
Response to Arguments
Applicant’s arguments, see Pages 9-13, filed 06/11/2026, with respect to the rejection(s) of claim(s) 1-20 under 35 U.S.C. 102/103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Ishikawa et al. (US 20050123824 A1, hereinafter Ishikawa), in view of Sumihara et al. (US 20100167111 A1, hereinafter Sumihara), as noted above.
Applicant's arguments (filed 06/11/2026) with respect to Claim(s) 1-20 under 35. U.S.C. 112(b) have been fully considered but they are not persuasive.
Applicant traverses the 112 rejection but does not have any arguments, nor amend the claims to clarify the structure of a “first turn” and a “second turn.”
The Examiner respectfully submits that Claims 1, 12, and 17 recites the limitation “wound structure having a plurality of turns including a first turn and a second turn, the first turn is outwardly adjacent to the second turn, and the first electrode plate of the first turn is outwardly adjacent to the first separator of the second turn”. It is unclear how the “first turn” and “second turn” are defined. In addition, it is unclear how a “second turn” can be relative to the “first turn” if a first turn is not clearly defined. It is unclear if the “first turn” and “second turn” refers to a specific layer or encompasses the overall first bend and second bend.
Applicant's arguments (filed 06/11/2026) with respect to Claim(s) 1-20 under Non-Statutory Double Patenting have been fully considered but they are not persuasive.
Applicant argues that the claim amendments differentiate the pending claims from Claims 1-16 of U.S. Patent No. 11811091 B2.
The Examiner respectfully disagrees and submits that most of the amendments to the Instant Claims 1, 12, and 17 are found in the Claims 1 and 8 of U.S. Patent No. 11811091 B2.
While U.S. Patent No. 11811091 B2 does not claim “the plurality of first protrusions and the plurality of second protrusions formed by stamping the second electrode plate” of Instant Claims 1, 12, and 17, the specification paragraph [0038] of U.S. Patent No. 11811091 B2 discloses “The first protrusion P1 and the second protrusion P2 can be formed by stamping the second electrode plate 12,” Further, specification paragraph [0038] of U.S. Patent No. 11811091 B2 discloses “after forming, a recess is formed at an inner side of the first protrusion P1 and a recess is formed at an inner side of the second protrusion P2,” and the recess is claimed in Claim 8 of U.S. Patent No. 11811091 B2.
Therefore, the claimed “the plurality of first protrusions and the plurality of second protrusions formed by stamping the second electrode plate” of Instant Claims 1, 12, and 17 does not make the Instant Invention patentably distinct from the invention claimed in U.S. Patent No. 11811091 B2.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/K.N./Examiner, Art Unit 1752
/OSEI K AMPONSAH/Primary Examiner, Art Unit 1752
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