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 .
Election/Restrictions
Applicant’s election of Group I, Claims 1-6 and 17-20, in the reply filed on May 14, 2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 7-16 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on May 14, 2026.
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.
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.
The term “width” in claims 1, 2, 6, and 18 is a relative term which renders the claim indefinite. The term “width” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In view of Figure 1B, for example, the “width” mentioned in the claims appears to refer to the distance the electrode foil extends, as a tab, out beyond the active material layer of the electrodes. As “width” is not expressly defined in the Specification, Applicant must appropriately define the claimed “width,” which is essentially an arbitrary dimension. Note that “width,” “length,” and “height,” are typical dimensions used to describe three dimensional objects; however, the exact designation of each can often be a matter of perception. In this instance, there is no perspective, simply the relative term “width.”
The term “length” in claims 3 and 19 is a relative term which renders the claim indefinite. The term “length” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. In view of Figure 1B, for example, the “width” mentioned in the claims appears to refer to the distance the electrode foil extends, as a tab, out beyond the active material layer of the electrodes. The only other dimension depicted in Figure 1B, which runs perpendicular to the labeled widths, is considered to represent Applicant’s intended length, here defining the length of each stepped portion of the foil. As “length” is not expressly defined in the Specification, Applicant must appropriately define the claimed “length,” which is essentially an arbitrary dimension. Note that “width,” “length,” and “height,” are typical dimensions used to describe three dimensional objects; however, the exact designation of each can often be a matter of perception. In this instance, there is no perspective, simply the relative term “length.”
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(s) 1, 2, 5, 6, 17, and 18 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lim et al (US 2019/0379028).
Regarding claims 1 and 17, Lim teaches a battery comprising an anode, a cathode, and separators in a jelly-roll shape (par. 35). An electrolyte is not expressly disclosed but necessarily must be present in order to properly function as a battery. Further, the electrode(s) comprise foil tab 111, wherein foil tab 111 may be provided in plurality on the wound electrode 110 (par. 55). Regarding claims 2, 5, 6, 18, and further regarding claim 1, Lim teaches that the lengths (which constitute the claimed “widths”) of the foil tabs 111 gradually increase from a center of the electrode 100 toward the outside (par. 55). As such, the foil tabs 111 may be bent in a central direction of a bottom surface of the can member and electrically connected to the bottom surface of the can member, allowing for said foil tabs 111 to smoothly come into electrical contact with the can member (par. 56).
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.
Claim(s) 3, 4, 19, and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Lim et al (US 2019/0379028) as applied to claims 2 and 18 above, and further in view of Cheon et al (US 2005/0287428).
Lim teaches a battery according to instant claims 2 and 18, as shown above.
While Lim does teach a plurality of bent portions having varying widths along the direction the electrodes are rolled, Lim does not teach that each of said varying width portions themselves are formed via a plurality strip portions, or that the length said portions varies along said direction the electrodes are rolled.
Cheon, in a similar invention directed toward wound secondary batteries (title, Figs. 1 and 2), teaches that independent regions 220b (as defined by slits, see Fig. 3) can be collectively bent toward the center of the electrode assembly to widen the contact area with the current collector plate 50 (par. 52). Said independent regions 220b are formed to have the width (similar to the instantly claimed “length”) gradually narrowed as they go from the outer part of the electrode assembly 20 to the center (O) part (par. 53). The widths of the independent regions 220b are narrow (W1) in the central part of the electrode assembly 20 and wide (W2) in the outer part of the electrode assembly 20 in consideration that the circumference of the electrode assembly 20 becomes larger as it goes toward the outer part of the electrode 20, when the electrode assembly 20 is formed by winding the positive electrode 22 in the form of jelly-roll and the independent regions 220b are bent toward the center of the electrode assembly 20. Thus, the independent regions 220b can be bent in a fine state without being squashed or entangles, and the contact area to the positive current collecting plate 50 can be widened (par. 54).
Regarding claims 3 and 19, it would have been obvious to one of ordinary skill in the art to ensure that the foil tabs 111 of Lim gradually increase in length from the inside of the roll to the outer circumference, as the wound cell itself becomes larger as it goes toward the outer part of the electrode, as taught by Cheon. Regarding claims 4 and 20, it would have been obvious to one of ordinary skill in the art before the filing of the claimed invention to use a plurality of slits in each foil tab 111 portion in order to achieve the benefits taught by Cheon. One of ordinary skill in the art would have been able to combine the teachings of Lim and Cheon to arrive at the claimed invention with predictable results and a reasonable expectation of success.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLIN W SLIFKA whose telephone number is (571)270-5830. The examiner can normally be reached Monday-Friday, 9:00 AM-5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ching-Yiu (Coris) Fung can be reached at 571-270-5713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Colin W. Slifka/ Primary Examiner, Art Unit 1732
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