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 .
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.
Claim 1, 3, 4, and 5 are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by Sun (CN113437444A, a machine translation is provided).
Regarding claim 1, Sun teaches a battery (see figures 1-3 show the battery) comprising: a wound electrode assembly formed in a flat shape (see figure 3 shows items 21, 22, 23) in which a first electrode formed in a strip-like shape (figure 3 item 21) and a second electrode formed in a strip-like shape (figure 3 item 22) are wound via a separator formed in a strip-like shape (figure 2 item 23), wherein the first electrode is provided with plural first electrode tabs (machine translation, page 5, 11th paragraph item 31), on a cross-section view being cut in a direction orthogonal to a wound axis of the wound electrode assembly (figure 2), the first electrode comprises a first area positioned at one side more than the wound axis of the wound electrode assembly with respect to a thickness direction reaching from one flat surface through the wound axis to the other flat surface (see electrode positioned proximate item 31 and corresponding first electrode tabs), and comprises a second area positioned at the other side more than the wound axis with respect to the thickness direction (second area proximate item 41 corresponding second electrode tabs), in the first area, the first electrode tabs are provided on layers of eighty percent or more of the first electrode (see figure 1 items 31 are on 5 layers of the first electrode which is considered more than 80 percent of electrode layers), in the second area, among the layers counted until 5th layer from the wound axis side, there are plural layers on which the first electrode tabs are formed (items 31 electrode tabs are on 5 layers of the first electrode), on the layers positioned at an outer side more than the 5th layer counted from the wound axis side, none of the first electrode tabs are provided (the abstract teaches there are fewer m layer tabs than n layers, page 3 fourth paragraph of the machine translation teaches the outermost layer is not connected to a pole piece), and plural first electrode tabs are laminated and then joined to an electrically collecting member (items 31 are connected to current connector 211).
Regarding claim 3, Sun teaches wherein the first area comprises a winding-start end part of the second electrode (figure 2 area proximate item 41), and in a range from the winding-start end part of the second electrode to a first R part (the r part is considered the end of item 22 proximate item 21), a winding-start end part of the first electrode starting from the second area is arranged (area proximate item 31).
Regarding claim 4, Sun teaches wherein the first electrode is a positive electrode and the first electrode are positive electrode tabs (page 5 paragraph 10 of the machine translation teaches the first electrode plate 21 may be a positive electrode plate, which would inherently make item 31 positive electrode tabs).
Regarding claim 5, Sun teaches wherein the laminated plural first electrode tabs are joined to the electrically collecting member in a state of being bent (see figure 5b item 31 is in a bent shape).
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Sun (CN113437444A, a machine translation is provided) in further view of Tsukamoto (U.S. Publication 2022/0200107)
Regarding claim 6, Sun teaches wherein a battery case (shown in figure 1) that is configured to accommodate the wound electrode assembly, wherein the battery case comprises an outer package having a bottom wall (page 5 of machine translation, paragraph starting with “As shown in fig. 1,” teaches the electrode housed in the body, figure 1 shows a bottom wall), a pair of first side walls (side walls on the front and back), a pair of second side walls (side walls on the left and right), the wound electrode assembly is arranged inside the battery case to make the wound axis of the wound electrode assembly be arranged in a direction perpendicular to the bottom wall (figure 2 orientation is a plan view which is perpendicular to the bottom wall of figure 1 item 10).
Regarding claim 6, Sun is silent to and an opening, and comprises a sealing plate configured to seal the opening.
Regarding claim 6, Tsukamoto teaches and an opening (figure 1, opening sealed by sealing plate 2), and comprises a sealing plate configured to seal the opening (item 2 sealing plate).
Regarding claim 6, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the battery case of Sun with the sealing plate of Tsukamoto in order to prevent damage to the electrode assembly.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Sun (CN113437444A, a machine translation is provided) in further view of Lund (U.S. Patent 6,159,253).
Sun is silent to the notch configuration of claim 9. Regarding claim 9, Lund teaches wherein a notch is formed on a first tab of each of the first electrode and the second electrode (column 10 lines 22-31 teaches a notch 274 for the connector tabs). Regarding claim 9, it would have been obvious to one of ordinary skill in the art prior to the effective filling date of the claimed invention to modify the tab shape of Sun with the notch configuration of Lund in order to provide a snap fit configuration (see Lund column 10 lines 22-31).
Conclusion
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/ANSHU BHATIA/Primary Examiner, Art Unit 1774