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 10/04/2023 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 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2020/0044276 A1 (“Sakai”).
Regarding claims 1-2, Sakai discloses a nonaqueous electrolyte secondary battery 10 (Abstract; Fig. 1) comprising: a cylindrical case main body 16 (“cylindrical case”); an electrode body 14 (“electrode assembly”) accommodated in the case main body 16 and comprising a negative electrode 12 (“first electrode plate”), a positive electrode 11 (“second electrode plate”), and a separator 13 between the negative electrode 12 and the positive electrode 11, the electrode body 14 being wound such that the negative electrode 12 is arranged at an outermost side and is in contact with the case main body 16 (Fig. 1; [0021]); a sealing body 17 (“cap assembly”) coupled to the case main body 16 and electrically connected to the positive electrode 11 ([0026]); and a pressing member 40 (“first swelling tape”) formed as a tape and attached to an inner surface of the negative electrode 12 (negative electrode collector 35) that is not exposed to the outside after the electrode body 14 is wound (Fig. 4; [0032]-[0034], [0044]). The tape comprises a tape base material which expands when absorbing the electrolyte liquid and an adhesive layer formed on at least one surface of the tape base material ([0032]). Therefore, the tape has a multi-layer structure.
Regarding claim 3, Sakai discloses the secondary battery of claim 2. As shown in Fig. 4, the pressing member 40 is spaced apart from a winding end of negative electrode collector 35 and, therefore, the negative electrode 12.
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.
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 4-9 are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0044276 A1 (“Sakai”) in view of US 2022/0376289 A1 (“Kim”).
Regarding claim 4, Sakai discloses the secondary battery of claim 3. Sakai discloses the tape comprises a tape base material which expands when absorbing the electrolyte liquid and an adhesive layer formed on at least one surface of the tape base material ([0032]). Therefore, the tape comprises first and second adhesive layers. Sakai does not expressly disclose a plurality of layers between the first and second adhesive layers.
Kim discloses a swelling tape 200 including a base layer 202 and a back coating layer 203 between an adhesive layer 201 and an adhesive swelling layer 220 (Fig. 2(c); [0079]). The back coating layer 203 is added to further improve the gap filling effect ([0070]). 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 back coating layer of Kim to further improve the gap filling effect.
Regarding claims 5-6, modified Sakai discloses the secondary battery of claim 4. The base layer of Sakai expands when absorbing the electrolyte liquid ([0032]).
Regarding claim 7, modified Sakai discloses the secondary battery of claim 6. Sakai does not expressly disclose the secondary battery further comprises a second swelling tape attached to be spaced apart from the first swelling tape. However, Sakai discloses alternative embodiments. In Figs. 1-3, the pressing member 40 (“second swelling tape”) is provided on an outer surface of the electrode body 14. In Fig. 4, the pressing member is provided on an inner surface of negative electrode current collector 35. The claimed configuration would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention because it amounts to a combination of two embodiments used for the same purpose. See MPEP 2144.06(I).
Regarding claim 8, modified Sakai discloses the secondary battery of claim 7. While modified Sakai does not expressly disclose the second swelling tape has a same structure as the first swelling tape, 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 a same structure for both tapes for ease of manufacturing and decreased costs.
Regarding claim 9, modified Sakai discloses the secondary battery of claim 8. As the pressing member 40 (“second swelling tape”) of Sakai is provided on an outer surface of the electrode body, it is attached to a surface opposite to the inner surface to which the first swelling tape is attached.
Claims 10-12 are rejected under 35 U.S.C. 103 as being unpatentable over US 2020/0044276 A1 (“Sakai”).
Regarding claim 10, Sakai discloses the secondary battery of claim 1. Sakai does not expressly disclose the secondary battery further comprises a second swelling tape attached to be spaced apart from the first swelling tape. However, Sakai discloses alternative embodiments. In Figs. 1-3, the pressing member 40 (“second swelling tape”) is provided on an outer surface of the electrode body 14. In Fig. 4, the pressing member is provided on an inner surface of negative electrode current collector 35. The claimed configuration would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention because it amounts to a combination of two embodiments used for the same purpose. See MPEP 2144.06(I).
Regarding claim 11, modified Sakai discloses the secondary battery of claim 10. While modified Sakai does not expressly disclose the second swelling tape has a same structure as the first swelling tape, 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 a same structure for both tapes for ease of manufacturing and decreased costs.
Regarding claim 12, modified Sakai discloses the secondary battery of claim 11. As the pressing member 40 (“second swelling tape”) of Sakai is provided on an outer surface of the electrode body, it is attached to a surface opposite to the inner surface to which the first swelling tape is attached.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022/108244 A1 (“Sung” – US 2023/0420744 A1 used herein as an English language equivalent) in view of US 2022/0376289 A1 (“Kim”).
Regarding claim 1, Sung discloses a secondary battery 100 (Abstract; Figs. 1A-1C) comprising: a cylindrical can 110 (“case”); a cylindrical electrode assembly 120 accommodated in the cylindrical can 110 and comprising a first electrode plate 121, a second electrode plate 122, and a separator 123 positioned between the first electrode plate 121 and the second electrode plate 122 ([0033]), the cylindrical electrode assembly 120 being wound such that the first electrode plate 121 is arranged at an outermost side and is in contact with the cylindrical can 110 (Figs. 1B, 2; [0035]); a cap assembly 140 coupled to the cylindrical can 110 and electrically connected to the second electrode plate 122 (Fig. 1B; [0038]); and a swelling tape 130 (“first swelling tape”) attached to an inner surface of the first electrode plate 121 that is not exposed to the outside after the cylindrical electrode assembly 120 is wound (Fig. 4; [0032]-[0034], [0044]). The tape comprises a tape base material which expands (Fig. 2; [0035]).
Sung does not expressly disclose the first swelling tape having a multi-layer structure.
Kim discloses a swelling tape comprising a plurality of layers including a base layer and an adhesive swelling layer (Abstract; Fig. 2). The adhesive swelling layer includes a water-based self-healing binder provides high adhesiveness and the tape improves impact resistance ([0052]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention because Kim teaches the swelling tape has high adhesiveness and improves impact resistance.
Regarding claim 2, modified Sung discloses the secondary battery of claim 1. Sung discloses the cylindrical can 110 operates as an anode (i.e. negative terminal) ([0034]). As the first electrode plate 121 is in contact with the cylindrical can 110 ([0035]), the first electrode plate 121 is a negative electrode plate and the second electrode plate 122 is a positive electrode plate.
Regarding claim 3, modified Sung discloses the secondary battery of claim 2. As shown in Fig. 2 of Sung, the swelling tape 130 is spaced apart from a winding end of the first electrode plate 121.
Regarding claim 4, modified Sung discloses the secondary battery of claim 3. Kim discloses in Fig. 2(c), an embodiment wherein the swelling tape comprises an adhesive layer 201 (“first or second adhesive layer”), an adhesive swelling layer 220 (the other of the “first or second adhesive layer”), and a base layer 202 and a back coating layer 203 (“plurality of layers”) between the adhesive layer 201 and the adhesive swelling layer 220 ([0079]).
Regarding claims 5-6, modified Sung discloses the secondary battery of claim 4. Sung discloses the base layer 202 has expansion properties when it is in contact with a fluid like a liquid such as an electrolyte ([0043]).
Claims 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2022/108244 A1 (“Sung” – US 2023/0420744 A1 used herein as an English language equivalent) in view of US 2022/0376289 A1 (“Kim”) as applied to claim 6 and 1 above, and further in view of US 2020/0044276 A1 (“Sakai”).
Regarding claims 7 and 10, modified Sung discloses the secondary battery of claims 6 and 1. Modified Sung does not expressly disclose the secondary battery further comprises a second swelling tape attached to be spaced apart from the first swelling tape.
Sakai discloses a nonaqueous electrolyte secondary battery including a pressing member 40 provided between the electrode body 14 and the exterior package 16 (Abstract; Figs. 1-3). The pressing member expands when absorbing the electrolyte liquid and presses an exposing section of the electrode body to an inner surface of the exterior package ([0006]). The pressing member is a tape ([0032]). Sakai discloses alternative embodiments. In Figs. 1-3, the pressing member 40 (“second swelling tape”) is provided on an outer surface of the electrode body 14. In Fig. 4, the pressing member is provided on an inner surface of negative electrode current collector 35. The claimed configuration would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention because it amounts to a combination of two embodiments used for the same purpose. See MPEP 2144.06(I).
Regarding claims 8 and 11, modified Sung discloses the secondary battery of claims 7 and 10. While modified Sung does not expressly disclose the second swelling tape has a same structure as the first swelling tape, 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 a same structure for both tapes for ease of manufacturing and decreased costs.
Regarding claims 9 and 12, modified Sung discloses the secondary battery of claims 8 and 11. As the pressing member 40 (“second swelling tape”) of Sakai is provided on an outer surface of the electrode body, it is attached to a surface opposite to the inner surface to which the first swelling tape is attached.
Terminal Disclaimer
The terminal disclaimer filed on 08/07/2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of any patent granted on Application Number 18/253,378 has been reviewed and is accepted. The terminal disclaimer has been recorded.
Response to Arguments
In view of the accepted terminal disclaimer noted above, the provisional nonstatutory double patenting rejection is withdrawn.
Applicant's arguments filed 08/07/2026 have been fully considered but they are not persuasive.
Applicant argues that Sakai does not disclose “a first swelling tape attached to an inner surface of the first electrode plate that is not exposed to the outside after the electrode assembly is wound,” as recited in Applicant's amended claim 1. The Office respectfully disagrees. As shown in Fig. 4 of Sakai and described in paragraph [0044], Sakai discloses a pressing member 40 (analogous to the claimed first swelling tape) that is attached to an inner surface of negative electrode collector 35 (analogous to a portion of the claimed first electrode plate) that is not exposed to the outside after the electrode body 14 is wound. “The pressing member 40 is present between parts of the negative electrode 12 located at, for example, the outer part of the electrode body 14. In addition, of the exposing section 37 of the electrode body 14, a portion located between the pressing member 40 and the inner circumference surface 16b of the case main body 16 is pressed to the inner circumference surface 16b. That is, the pressing member 40 presses a portion of the negative electrode collector 35 which forms the outer circumference surface 14b to the inner circumference surface 16b of the case main body 16 from the inside of the electrode body 14.” Sakai at [0044].
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Applicant argues that the combination of Sung in view of Kim does not appear to teach or suggest “a first swelling tape attached to an inner surface of the first electrode plate that is not exposed to the outside after the electrode assembly is wound,” as recited in Applicant's amended claim 1. The Office respectfully disagrees. As shown in Figs. 2 and 3A and described in paragraphs [0035], [0048], and [0052], for example, Sung discloses a swelling tape 130 attached to an inner surface of the first electrode plate 121 that is not exposed to the outside after the electrode assembly 120 is wound. “The swelling tape 130 may be positioned inside the electrode assembly 120. In some examples, the swelling tape 130 may be positioned inside the first electrode plate 121 covering the outermost part of the electrode assembly 120.” Sung at [0035].
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Conclusion
THIS ACTION IS MADE FINAL. 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.
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.
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, Barbara Gilliam can be reached at 571-272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Robert Scott Carrico
Primary Examiner
Art Unit 1727
/Robert S Carrico/Primary Examiner, Art Unit 1727
