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/Restriction
Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-12, drawn to product, classified in H01M 10/0431.
II. Claims 13-20, drawn to process of making, classified in H01M 4/0404.
The inventions are independent or distinct, each from the other because:
Inventions I and II are related as process of making and product made. The inventions are distinct if either or both of the following can be shown: (1) that the process as claimed can be used to make another and materially different product or (2) that the product as claimed can be made by another and materially different process (MPEP § 806.05(f)). In the instant case, Invention I can be made by initially adding a tab that is thicker than the main body portion rather than controlling the thickness by welding additional layers to the tab; or by applying the active layer on a transfer sheet or an intermediate layer then having the intermediate layer applied to the main body.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
The inventions require a different field of search (e.g., searching different classes/subclasses or electronic resources, or employing different search strategies or search queries).
Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
During a telephone conversation with 202-365-8329 on July 23, 2026 a provisional election was made without traverse to prosecute the invention of Invention I, claims 1-12. Affirmation of this election must be made by applicant in replying to this Office action. Claims 13-20 are withdrawn from further consideration by the examiner, 37 CFR 1.142(b), as being drawn to a non-elected invention.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
The examiner has required restriction between product or apparatus claims and process claims. Where applicant elects claims directed to the product/apparatus, and all product/apparatus claims are subsequently found allowable, withdrawn process claims that include all the limitations of the allowable product/apparatus claims should be considered for rejoinder. All claims directed to a nonelected process invention must include all the limitations of an allowable product/apparatus claim for that process invention to be rejoined.
In the event of rejoinder, the requirement for restriction between the product/apparatus claims and the rejoined process claims will be withdrawn, and the rejoined process claims will be fully examined for patentability in accordance with 37 CFR 1.104. Thus, to be allowable, the rejoined claims must meet all criteria for patentability including the requirements of 35 U.S.C. 101, 102, 103 and 112. Until all claims to the elected product/apparatus are found allowable, an otherwise proper restriction requirement between product/apparatus claims and process claims may be maintained. Withdrawn process claims that are not commensurate in scope with an allowable product/apparatus claim will not be rejoined. See MPEP § 821.04. Additionally, in order for rejoinder to occur, applicant is advised that the process claims should be amended during prosecution to require the limitations of the product/apparatus claims. Failure to do so may result in no rejoinder. Further, note that the prohibition against double patenting rejections of 35 U.S.C. 121 does not apply where the restriction requirement is withdrawn by the examiner before the patent issues. See MPEP § 804.01.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on March 18, 2024 and October 13, 2025 have been being considered by the examiner.
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 1-2, 4, 6-8, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Foreign Patent CN 112531142 A (translation of IDS dated 03/18/2024), hereinafter Xin.
Regarding claim 1, Xin teaches an electrode plate (‘positive electrode sheet, a separator, and a negative electrode sheet’ Pg6, L5) comprising:
a current collector (‘current collector 11 includes a current collector body and at least one foil protruding from the current collector body’ Pg7 L33-34) comprising a main body portion (‘current collector body’ Pg7 L33-34) and a tab (Fig 5: tab 13, foil 111, and tab glue 14) protruding from the main body portion (‘foil 111 protruding from the current collector body’ Pg7 L34-35); and
an active layer applied onto at least one side of the main body portion (‘active material layer 12 is coated on the main body of the current collector’ Pg7 L33-34);
wherein the thickness of the tab (Fig 5: tab 13, foil 111, and tab glue 14) is greater than the thickness of the main body portion (Fig 4 and 5: 13, 111, and 14 are thicker than the main body portion, which is the same thickness of 111).
Regarding claim 2, Xin teaches the electrode plate (Pg6, L5) according to claim 1, wherein the tab (Fig 5: tab 13, foil 111, and tab glue 14) comprises a body (Fig 5: foil 111) and a filling layer (Fig 5: tab 13) disposed on at least one side of the body in a thickness direction (‘the tab 13 is welded to the foil 111’ Pg7 L35).
Regarding claim 4, Xin teaches the electrode plate (Pg6, L5) according to claim 2, wherein the filling layer (tab 13) is a welded piece (‘the tab 13 is welded to the foil 111’ Pg7 L35).
Regarding claim 6, Xin teaches the electrode plate (Pg6, L5) according to claim 1, wherein the thickness of the tab (Fig 5: tab 13, foil 111, and tab glue 14) is greater than a sum of the thickness of the main body portion and thickness of the active layer (Fig 4 and 5: 13, 111, and 14 are thicker than the main body portion and active material, which is the same thickness of 111).
Regarding claim 7, Xin teaches an electrode assembly (‘battery cell’ Pg6 L23), comprising:
a first electrode plate and a second electrode plate having opposite polarities (‘positive electrode sheet, the separator, and the negative electrode sheet’ Pg6 L22-23); and
a separator disposed between the first electrode plate and the second electrode plate (‘positive electrode sheet, the separator, and the negative electrode sheet’ Pg6 L22-23);
wherein:
the first electrode plate, the second electrode plate, and the separator are wound to form a wound structure (‘positive electrode sheet, the separator, and the negative electrode sheet are wound in order to prepare a battery cells’ Pg6 L22-23); and
at least one of the first electrode plate and the second electrode plate is the electrode plate according to claim 1 (‘the positive electrode sheet and/or the negative electrode sheet are the soft-packed buttons described in Example 1’ Pg8 L20-21).
Regarding claim 8, Xin teaches the electrode assembly (‘battery cell’ Pg6 L23) according to claim 7, wherein:
a tab (Fig 5: tab 13, foil 111, and tab glue 14) of the first electrode plate (‘positive electrode sheet’) and a tab (Fig 5: tab 13, foil 111, and tab glue 14) of the second electrode plate (‘negative electrode sheet’) are separately located on two opposite sides of the electrode assembly (Fig 3-5 tabs of opposite polarities are on opposite sides of the battery);
either of the tabs is wound to form at least two consecutive ring layers (Fig 3: wound electrodes form three layers of foils 111); and
adjacent two of the ring layers at a same side are attached to each other (Fig 3-4: adjacent foils 111 are weld together to tab 13).
Regarding claim 12, Xin teaches a battery cell, comprising the electrode assembly according to claim 7 (‘positive electrode sheet, the separator, and the negative electrode sheet are wound in order to prepare a battery cells, and the foils are partially expose outside the battery’ Pg6 L22-24).
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.
Claims 3 and 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Foreign Patent CN 112531142 A (translation of IDS dated 03/18/2024), hereinafter Xin as applied to claims 1, 2, and 7 above, and further in view of U.S. Patent 3945852 A, hereinafter Dey.
Regarding claims 3 and 9-10, Xin teaches, as mentioned above, an electrode plate with a current collector that comprises of a main body portion with an active layer applied thereto (Pg7 L33-34) and a tab portion (‘foil 111 protruding from the current collector body’ Pg7 L34-35). The tab portion consists of a body, a filling layer, and tab glue (Fig 5: 13, 14, and 111). The purpose of the tab glue is for sealing and connecting (Pg8 L34-35).
However, Xin fails to teach a filling layer provided on both sides of the tab (instant claim 3 and 9-10).
Dey teaches nickel current collector tabs that are welded to cathode assemblies. These weld areas are protected by heat sealing layers of polyolefinic polymer foils (reads on filling layer) on both sides of the tab weld (C1 L45-48).
Therefore, it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to have used the polyolefinic polymer foils of Dey on both sides of the tab of Xin in order to prevent the access and contact of electrolyte and cathode active material to the corrosion prone tab weld area (C1 L48-52). One of ordinary skill in the art would appreciate that when these foils (reads on filling layers) are applied to both sides of a tab, the tab tape of Dey would cause the foils to leans against each other and against the wound body (instant claims 9-10)
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Foreign Patent CN 112531142 A (translation of IDS dated 03/18/2024), hereinafter Xin as applied to claim 4 above, and further in view of U.S. Pre-Grant Publication No. 2018/0281093, hereinafter Wang.
Regarding claim 5, Xin teaches, as mentioned above, an electrode plate with a current collector that comprises of a main body portion with an active layer applied thereto (Pg7 L33-34) and a tab portion (‘foil 111 protruding from the current collector body’ Pg7 L34-35). The tab portion consists of a body, a filling layer, and tab glue (Fig 5: 13, 14, and 111). The purpose of the tab glue is for sealing and connecting (Pg8 L34-35).
However, Xin fails to teach a curing layer on at least one side of the welded piece.
Wang teaches a first battery cell and second battery cell, both with tabs, and a bus plate [0018]. Between the tabs of the battery cells and/or the bus plates is an adhesive composition that is cured. The purpose of the adhesive composition is to adhere the tabs and connect them in electrical communication [0024].
Therefore, it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to have substituted the adhesive composition of Wang in the tab glue of Xin for the purposes of adhering and connecting (MPEP 2144.06).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Foreign Patent CN 112531142 A (translation of IDS dated 03/18/2024), hereinafter Xin as applied to claim 7 above, and further in view of U.S. Pre-Grant Publication No. 2021/0234223, hereinafter Taniuchi.
Regarding claim 11, Xin teaches, as mentioned above, an electrode plate with a current collector that comprises of a main body portion with an active layer applied thereto (Pg7 L33-34) and a tab portion (‘foil 111 protruding from the current collector body’ Pg7 L34-35). The tab portion consists of a body, a filling layer, and tab glue (Fig 5: 13, 14, and 111). The purpose of the tab glue is for sealing and connecting (Pg8 L34-35).
However, Xin fails to teach a current collection component that is electrically connected to the wound tab.
Taniuchi teaches a plurality of battery cells 10 that have current collector tab leads 14 that are supported by bus bar current carrying portions 24. The bus bar current carrying portions 24 connect the positive electrodes or negative electrodes or adjacent battery cells in parallel [0058].
Therefore, it would have been obvious to the ordinarily skilled artist before the effective filing date of the claimed invention to have used the bus bar of Taniuchi to connect the tabs of Xin in order to effectively collect electricity generated from the plurality of battery cells and also prevent damage to the battery cells [0058].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Mia K Holbrook whose telephone number is (571)272-9253. The examiner can normally be reached Monday - Friday 7:30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at (571) 270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.K.H./Examiner, Art Unit 1724 /BRIAN R OHARA/Examiner, Art Unit 1724
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