DETAILED ACTION
Claims 1-6 are presented for examination, wherein claim 5 is withdrawn.
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
Claim 5 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on September 21, 2026.
Applicant’s election with traverse of Species A is acknowledged. The traversal is on the ground “the subject matter of all species is sufficiently related that a thorough search for the subject matter of any one species would encompass a search for the subject matter of the remaining species,” so that “a search and examination of the entire application could be made without serious burden.” (Response, at p.1.)
This is not found persuasive because there is a serious search and/or examination burden for the patentably distinct species as set forth above because at least the following reason(s) apply: the species have acquired a separate status in the art due to their recognized divergent subject matter; the species or groupings of patentably indistinct species require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries); the prior art applicable to one species would not likely be applicable to another. August 26, 2026 Election requirement, at e.g. §3.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 6 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Claim 6 claims “the overlapping portion is formed by folding the uncoated portion.” However, independent claim 1, from which claim 6 depends, already claims “an overlapping portion formed by folding the uncoated portion in a radial direction of the wound electrode assembly.”
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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.
Claims 1-4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Okada et al (JP 2000/277159).
Regarding independent claim 1, Okada teaches a non-aqueous electrolyte wound secondary battery, said battery comprising
(i) a positive plate having a sheet-shape may have a total thickness of e.g. 180 µm, positive plate comprising:
(i.a) a positive electrode substrate/current collector that may be e.g. an aluminum foil with a thickness of e.g. 20 µm;
(i.b) a positive electrode polymer layer (e.g. item 9, hereinafter “coated portion” for ease of reference) applied on surfaces of each of both sides of said positive electrode substrate/current collector, said polymer electrode polymer layer comprising e.g. a cathode material, such as e.g. LiCoO2, binder, and conductive aid; and,
(i.c) a portion of said positive electrode substrate portion at an end of said positive electrode substrate/current collector in a radial direction that does not include said cathode polymer layer (e.g. item 11, hereinafter “uncoated portion” for ease of reference),
(ii) a negative electrode plate having a sheet-shape;
(iii) a separator between said positive plate and negative plate,
wherein said positive plate, separator, and negative plate are wound in a spiral shape to form a power generation winding (e.g. item 2) along a winding center axis (e.g. item 3);
(iv) a positive lead terminal (e.g. item 4) and a negative lead terminal (e.g. item 5), each said lead terminal (e.g. items 4 or 5) with a thickness of 50 to 100 μm,
each said lead terminal (e.g. items 4 or 5) extending out from said power generation winding (e.g. item 2) along said winding center axis (e.g. item 3),
wherein said positive lead terminal (e.g. item 4) is applied to said uncoated portion (e.g. item 11) of said positive electrode substrate/current collector so that it extends outwardly along said winding center axis (e.g. item 3), then said uncoated portion (e.g. item 11) of said positive electrode substrate/current collector is folded over (see e.g. proximal portion of item 11 plus item 10) in said radial direction, to form two sub-portions of said uncoated portion (see e.g. proximal portion of item 11 plus item 10) that are stacked together,
wherein an embodiment illustrates said positive lead terminal (e.g. item 4) so (e.g. item 11) of said positive electrode substrate/current collector clamp down and sandwich therebetween said positive lead terminal (e.g. item 4), while a non-illustrated embodiment provides for the fold to be in an opposite direction so that said two sub-portions of said uncoated portion do not sandwich therebetween said positive lead terminal (e.g. item 4)—i.e. superimposed on said folded two sub-portions of said uncoated portion; and,
(v) a bag-shaped battery case (e.g. item 1) containing therein said power generation winding (e.g. item 2)
(e.g. ¶¶ 0001, 09-19, 24, 28, 30-32, 35-36, 37-38, and 40 plus e.g. Figures 1-3), reading on “power storage cell,” said battery comprising:
(1) said power generation winding (e.g. item 2) formed of said positive plate, separator, and negative plate wound in said spiral shape (e.g. supra),
said taught positive plate corresponding with the claimed “first electrode;”
said taught second plate corresponding with the claimed “second electrode,”
reading on “a wound electrode assembly which includes a first electrode and a second electrode;” and,
(2) said bag-shaped battery case (e.g. item 1) containing therein said power generation winding (e.g. item 2) (e.g. supra), reading on “a case accommodating the wound electrode assembly,”
wherein said positive plate having said sheet-shape may have said total thickness of e.g. 180 µm (e.g. supra),
said taught positive plate corresponding with the claimed “first electrode,”
said positive plate comprising:
(a) said positive electrode substrate/current collector that may be e.g. said aluminum foil with said thickness of e.g. 20 µm (e.g. supra), reading on “the first electrode includes: a current collector;”
(b) said positive electrode polymer layer (e.g. item 9, hereinafter “coated portion” for ease of reference) applied on surfaces of each of both sides of said positive electrode substrate/current collector, said polymer electrode polymer layer comprising e.g. said cathode material, such as e.g. LiCoO2, binder, and conductive aid (e.g. supra), wherein the product-by-process limitation “coated” does not patentably distinguish the instant invention from the art, see also e.g. MPEP § 2113, reading on “the first electrode includes: ... an electrode material with which a portion of the current collector is coated;” and,
(c) said portion of said positive electrode substrate portion at an end of said positive electrode substrate/current collector in said radial direction that does not include said cathode polymer layer (e.g. item 11, hereinafter “uncoated portion” for ease of reference) (e.g. supra), reading on “the current collector: has an uncoated portion that is not coated with the electrode material;” and,
(3) said positive lead terminal (e.g. item 4) with said thickness of 50 to 100 μm, wherein said positive lead terminal (e.g. item 4) is applied to said uncoated portion (e.g. item 11) of said positive electrode substrate/current collector, said positive lead terminal (e.g. item) extending out from said power generation winding (e.g. item 2) along said winding center axis (e.g. item 3) (e.g. supra),
said taught positive lead terminal (e.g. item 4) corresponding with the claimed “tab lead,”
reading on “the first electrode includes: ... a tab lead projecting from the current collector in an axial direction of the wound electrode assembly,”
wherein said positive lead terminal (e.g. item 4) is applied to said uncoated portion (e.g. item 11) of said positive electrode substrate/current collector so that it extends outwardly along said winding center axis (e.g. item 3), then said uncoated portion (e.g. item 11) of said positive electrode substrate/current collector is folded over (see e.g. proximal portion of item 11 plus item 10) in a radial direction, to form two sub-portions of said uncoated portion (see e.g. proximal portion of item 11 plus item 10) that are stacked together,
wherein an embodiment illustrates said positive lead terminal (e.g. item 4) so (e.g. item 11) of said positive electrode substrate/current collector clamp down and sandwich therebetween said positive lead terminal (e.g. item 4), while a non-illustrated embodiment provides for the fold to be in an opposite direction so that said two sub-portions of said uncoated portion do not sandwich therebetween said positive lead terminal (e.g. item 4)—i.e. superimposed on said folded two sub-portions of said uncoated portion (e.g. supra), wherein it would have been obvious to a person of ordinary skill in the art to choose the illustrated embodiment of sandwiching said positive electrode between said two sub-portions of said uncoated portion since it is one of a limited number of taught options, see also e.g. MPEP § 2143(I)(E),
said taught embodiment illustrating said two sub-portions of said uncoated portion (see e.g. proximal portion of item 11 plus item 10) corresponding with the claimed “overlapping portion,”
reading on “the current collector: … includes an overlapping portion formed by folding the uncoated portion in a radial direction of the wound electrode assembly, wherein the tab lead is disposed in the overlapping portion.”
Regarding claims 2-3, Okada teaches the battery of claim 1, wherein said positive plate having said sheet-shape may have said total thickness of e.g. 180 µm, said positive plate comprising:
(a) said positive electrode substrate/current collector that may be e.g. said aluminum foil with said thickness of e.g. 20 µm;
(b) said positive electrode polymer layer (e.g. item 9, hereinafter “coated portion” for ease of reference) applied on surfaces of each of both sides of said positive electrode substrate/current collector, said polymer electrode polymer layer comprising e.g. said cathode material, such as e.g. LiCoO2, binder, and conductive aid;
(c) said portion of said positive electrode substrate portion at an end of said positive electrode substrate/current collector in said radial direction that does not include said cathode polymer layer (e.g. item 11, hereinafter “uncoated portion” for ease of reference); and,
(d) said positive lead terminal (e.g. item 4) with said thickness of 50 to 100 μm (e.g. supra),
said taught positive electrode substrate/current collector corresponding with the claimed “current collector;”
said taught coated portion corresponding with the claimed “coated portion;”
said taught uncoated portion corresponding with the claimed “uncoated portion;” and,
said taught positive lead terminal (e.g. item 4) corresponding with the claimed “tab lead,”
wherein the product-by-process limitation “coated” does not patentably distinguish the instant invention from the art, see also e.g. MPEP § 2113, reading on “the current collector has a coated portion that is coated with the electrode material,” noting said taught uncoated portion has the same thickness of said positive electrode substrate/current collector, wherein Okada teaches the following:
said taught positive electrode substrate/current collector and said taught uncoated portion with said thickness of e.g. 20 µm, corresponding with the claimed t1;
said taught positive lead terminal (e.g. item 4) with said thickness of 50 to 100 μm corresponding with the claimed t2
(e.g. supra), so said coated portion on of both sides of said positive electrode substrate/current collector may be calculated to be a total of e.g. 160 µm (180 µm total thickness of said positive plate - 20 µm thickness of said positive electrode substrate/current collector), but Okada does not expressly teach the thickness of said coated portion applied on surfaces of each of one side of said positive electrode substrate/current collector.
However, it would have been obvious to a person of ordinary skill in the art to design said coated portion on each one side of said positive electrode substrate/current collector with equal thicknesses to reduce complexity in the manufacturing process, said thickness of said coated portion applied on surfaces of each of one side of said positive electrode substrate/current collector may be calculated to be 80 µm (160 µm / 2).
Further, said thickness of said coated portion on one side of said positive electrode substrate/current collector (80 µm) plus said thickness of said positive electrode substrate/current collector (e.g. 20 µm) may be 100 µm,
said coated portion applied on surfaces of each of one side of said positive electrode substrate/current collector with said thickness of 80 µm, corresponding with the claimed t3,
said coated portion on one side of said positive electrode substrate/current collector (80 µm) plus said positive electrode substrate/current collector (e.g. 20 µm) with said thickness of e.g. 100 µm corresponding with t13,
wherein said positive lead terminal (e.g. item 4) is applied to said uncoated portion (e.g. item 11) of said positive electrode substrate/current collector, said positive lead terminal (e.g. item) extending out from said power generation winding (e.g. item 2) along said winding center axis (e.g. item 3) (e.g. supra),
wherein said taught folded-over uncoated portion having double the thickness of said positive electrode substrate/current collector may have a thickness of e.g. 40 µm (20 µm x 2); a total thickness of said folded-over uncoated portion (40 µm) plus said taught positive lead terminal (e.g. item 4) (50 to 100 μm) may be calculated to be e.g. 90-140 µm,
said folded-over uncoated portion with said thickness of e.g. 40 µm corresponding with the claimed t11; and
said total thickness of said folded-over uncoated portion (40 µm) plus said taught positive lead terminal (e.g. item 4) (50 to 100 μm) may be calculated to be e.g. 90-140 µm, corresponding with the claimed t12,
wherein said total thickness of said folded-over uncoated portion (40 µm) plus said taught positive lead terminal (e.g. item 4) (50 to 100 μm), which may be calculated to be e.g. 90-140 µm (corresponding with the claimed t12)
may be equal to
said thickness of said coated portion on one side of said positive electrode substrate/current collector (80 µm) plus said positive electrode substrate/current collector (e.g. 20 µm), which may be calculated to be e.g. 100 µm (corresponding with t13),
severably establishing a prima facie case of obviousness of the claimed relationships, see also e.g. MPEP § 2144.05(I), reading on “an absolute value of a difference between a first thickness and a second thickness is less than a thickness, in the radial direction, of the current collector corresponding to the coated portion, where the first thickness is a sum of a thickness of the overlapping portion in the radial direction and a thickness of the tab lead in the radial direction, and the second thickness is a sum of a thickness of the electrode material in the radial direction and the thickness, in the radial direction, of the current collector corresponding to the coated portion” (claim 2) and “the first thickness is equal to the second thickness” (claim 3);
and/or, differences in size/proportion do not patentably distinguish the instant invention from the art in the absence of persuasive evidence the relative dimensions would perform differently from the art, see e.g. MPEP § 2144.04(IV)(A), see further instant specification, at e.g. ¶0068 plus e.g. Figure 11.
Regarding claims 4 and 6, Okada teaches the battery of claim 1, wherein said portion of said positive electrode substrate portion at an end of said positive electrode substrate/current collector in said radial direction that does not include said cathode polymer layer (e.g. item 11, hereinafter “uncoated portion” for ease of reference),
wherein said positive lead terminal (e.g. item 4) is applied to said uncoated portion (e.g. item 11) of said positive electrode substrate/current collector so that it extends outwardly along said winding center axis (e.g. item 3), then said uncoated portion (e.g. item 11) of said positive electrode substrate/current collector is folded over (see e.g. proximal portion of item 11 plus item 10) in a radial direction, to form two sub-portions of said uncoated portion (see e.g. proximal portion of item 11 plus item 10) that are stacked together,
wherein an embodiment illustrates said positive lead terminal (e.g. item 4) so (e.g. item 11) of said positive electrode substrate/current collector clamp down and sandwich therebetween said positive lead terminal (e.g. item 4)
(e.g. supra), reading on “the overlapping portion is provided in an end portion of the first electrode in a winding direction of the wound electrode assembly” (claim 4) and “the overlapping portion is formed by folding the uncoated portion” (claim 6).
Conclusion
The art made of record and not relied upon is considered pertinent to applicant's disclosure.
Yang et al (US 2026/0051529);
Wang et al (US 2018/0034109);
Urabe et al (JP 2015/153691), see e.g. August 25, 2026 IDS and filings; and
Fujikawa et al (JP 2009/259749), see e.g. August 25, 2026 IDS and filings.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSHITOSHI TAKEUCHI whose telephone number is (571)270-5828. The examiner can normally be reached M-F, 8-4.
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, TIFFANY LEGETTE-THOMPSON can be reached at (571)270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/YOSHITOSHI TAKEUCHI/Primary Examiner, Art Unit 1723
Prosecution Insights