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 § 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.
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) 1-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ueno et al. (US 2014/0302367A1) in view of Miura et al. (JP2004281127A, refer to English translation).
Regarding claim 1, Ueno discloses a method of manufacturing a secondary battery including a wound electrode body in which a first separator with a band shape, a positive electrode with a band shape, a second separator with a band shape, and a negative electrode with a band shape are stacked and wound (A method for manufacturing a battery, see Title, Abstract; positive electrode plate and negative electrode plate wound with two sheets of separators [0040], [0047], Fig. 1-6), the method comprising:
a retaining step of retaining the first separator and the second separator on a winding core (two sheets of the separators 21 penetrate and inserted into slit 1a of winding core 1 [0045]-[0047], Fig. 1a-1b);
a first winding step of, after the retaining step, winding the first separator and the second separator onto the winding core by rotating the winding core at a first rotational speed (rotating the winding core by one rotation, the separators are wound [0049], Fig. 1c);
an arrangement step of, after the first winding step, arranging a winding-start end of the negative electrode such that the negative electrode is located on an inner circumferential side of the first separator and also arranging a winding-start end of the positive electrode between an outer circumferential side surface of the first separator and the second separator (the positive electrode plate and the negative electrode plate are provided such that the separator 2 is positioned at both surfaces of each of the positive plate and the negative electrode plate [0053], Fig. 2); and
a second winding step of, after the arrangement step, winding the positive electrode and the negative electrode onto the winding core (winding core 1 being rotated, the positive electrode plate and the negative electrode plate are wound, then a spiral electrode assembly wound to the winding core is formed [0053], Fig. 2).
However, Ueno does not disclose an arrangement step… in a state where the winding core is rotated at a second rotational speed slower than the first rotational speed or is stopped, and a second winding step at a third rotational speed faster than the first rotational speed.
Miura discloses a winding electrode body forming device comprising a step in which the separator is wound at a first rotation speed, then the device is in a standby position while the negative electrode material and positive electrode material are clamped and then winding at a second rotation speed that is faster than a first rotation speed ([0070]-[0073]).
An obviousness determination is not the result of a rigid formula disassociated from the consideration of the facts of a case. Indeed, the common sense of those skilled in the art demonstrates why some combinations would have been obvious where others would not. Leapfrog Enterprises Inc. v. Fisher-Price Inc., 82 USPQ2d 1687 (Fed. Cir. 2007); see also KSR v. Teleflex, 82 USPQ2d 1385, 127 S. Ct. 1727 (2007).
The claim would have been obvious because a particular known technique was recognized as part of the ordinary capabilities of one skilled in the art.
The claim would have been obvious because “a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If the leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense.”
It has been held that choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success is generally within the skill of the art.
Regarding claim 2, Ueno discloses all of the claim limitations as set forth above. Ueno further discloses at least one of the first separator and the second separator includes a separator base material and a functional layer provided on at least one surface of the separator base material (heat resistant layer is formed on the surface of the separator made of polyolefin [0077]).
Regarding claim 3, Ueno discloses all of the claim limitations as set forth above. Ueno further discloses the first separator and the second separator are formed in a Z-shape in a winding-start end region of the wound electrode body as viewed from a direction of a winding axis of the wound electrode body (Fig. 1-2 show separator sheets forming a Z-shape).
Regarding claim 4, Ueno discloses all of the claim limitations as set forth above. Ueno further discloses a winding-start end of the first separator and a winding-start end of the second separator are aligned with each other (Fig. 1-4 show ends of separator sheets aligned with each other).
Regarding claim 5, Ueno discloses all of the claim limitations as set forth above. Ueno further discloses a winding-termination end of the first separator and a winding-termination end of the second separator are aligned with each other (Fig. 1-4 show ends of separator sheets aligned with each other).
Regarding claim 6, Ueno discloses all of the claim limitations as set forth above. Ueno further discloses a spacing between the winding-start end of the positive electrode and the winding-start end of the negative electrode is 20 mm or less in a winding direction (each have strip length of 4000 mm [0065]-[0066], [0069], Fig. 2 shows winding start ends being roughly the same such that the gap is close to 0 mm).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES LEE whose telephone number is (571)270-7937. The examiner can normally be reached M-F: 9AM - 5PM.
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/James Lee/Primary Examiner, Art Unit 1725 8/4/2026
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