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.
Claims 1-6 and 13-20 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 104157914 A, a certified translation and copy of which are attached) in view of Deng et al. (CN 101826609 A, a certified translation and copy of which are attached)
In regard to claim 1 and 19, Wang et al. teach an electronic device including a secondary-battery (lithium-ion battery - abstract) which may be a wound-type battery (paragraph [0062]), comprising:
a first electrode tab (positive electrode tab 13);
a first electrode plate (positive electrode), comprising:
a first current collector (positive electrode strip 11);
a first active substance (positive electrode active material 12), disposed on a first surface of the first current collector 11 and a second surface of the first current collector 11, wherein the second surface is opposite the first surface (see paragraph [0064] - figure 1);
a first electrode tab receiving groove (location of tab 13), defined by a portion of the first surface of the first current collector and the first active substance 12 on a periphery of the electrode tab receiving groove, the first electrode tab receiving groove receiving the first electrode tab 13, wherein the first electrode tab 13 is electrically connected with the first current collector 11 through the first electrode tab receiving groove (paragraph [0064], annotated figure 1 below);
a first recess disposed opposite to the first electrode tab receiving groove along a thickness direction of the electrode plate, defined by a corresponding portion of the second surface of the first current collector and the first active substance on a periphery of the first recess (see positive electrode second uncoated area 17 in figure 1 of Wang et al.).
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Independent claim 1 and 19 differ from the prior art in calling for a first electrode plate notch disposed on a side edge of the first electrode tab receiving groove and extending through the second surface and the first surface of the first current collector. However, Deng et al. teach a similar battery cell and Deng discloses a method of connecting a battery electrode and electrode tab in paragraph [0001]. Deng notes that, during the process of welding a tab to an electrode, the electrode may be deformed by accumulated heat and stress in paragraph [0002]. To solve this problem, Deng discloses forming a notch in a “to-be-welded area” of the electrode in paragraph [0004]. The notch “changes the structure of a welding area” of the electrode “so that the welding area is discontinuous, and heat or deformation is also discontinuous and stops at the notch rather than accumulates into the next section. As a result, accumulation of heat in the welding is reduced, and accumulation of warping is also reduced.” (paragraph [0007]). Deng’s pre- and post-weld electrode structures are shown respectively in annotated Figs. 1a and 1b below Figs. 1a, 1b. which include a notch 2 in the tab receiving area of the electrode 3 which extends through the first and second surface of the first current collector.
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Further, Deng et al. teach the ability to include a multi-notch structure, such as seen in Figure 3, annotated here, where a length of the first electrode plate notch may be much greater (i.e. between the first and last notch):
While the prior art does not specify that the width of the notch is greater than a width of the first electrode tab, and wherein the length of the first electrode plate notch and the width of the first electrode tab are defined along a length direction of the first electrode plate, the Examiner notes that changes to size and shape of the prior art notches and electrode tabs are an obvious modification absent evidence to the contrary (see MPEP 2144.04 Part IV). The prior art teaches the ability to use a trapezoidal electrode tab which may have a much smaller width at the top as seen above, and therefore selecting an electrode tab with a smaller width than the notch would have been obvious to one of ordinary skill in the art depending on the geometrical requirements of the electrode tab connections.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to include a first electrode plate notch with a large length on a side edge of the first electrode tab receiving groove and extending through the second surface and the first surface of the first current collector in the secondary battery of Wang et al. as such reduces warpage at the tab connection area as taught by Deng et al.
In regard to claim 2, Wang et al. teach a first recess disposed opposite to the first electrode tab receiving groove, defined by a corresponding portion of the second surface of the first current collector and the first active substance on a periphery of the first recess (see positive electrode second uncoated area 17 in figure 1 of Wang et al. above).
In regard to claims 3-5 and 20, Wang et al. teach anode and cathode electrodes of substantially the same structure in regard to the current collector, active material and tab receiving grooves (see figure 1 and 2, paragraph [0064-0065]) which are interchangeably labeled as first or second electrodes and their respective components (each including tabs, plates, collectors, active material etc.) which would have been obvious to include a notch as applied to claim 1 above.
In regard to claim 6, a person of ordinary skill in the art would appreciate that the recess in electrode may have different geometry (depending on the size of the electrode tabs which may be any size and shape (paragraphs [0019, 0044]) in a manner which obviates the claimed range absent evidence of criticality (see MPEP 2144.05) as changes to size and shape of the prior art notched groove portions is well with the level of ordinary skill in the art (MPEP 2144.04 Part IV).
In regard to claim 13 and 14, Wang et al. teach the first electrode tab receiving groove is defined in the first active substance 12 and extends to the surface of the first current collector 11 (see figure 1), and the second electrode tab receiving groove is defined in the second active substance 22 and extends to the surface of the second current collector 21 (figure 2).
In regard to claim 15, Wang et al. teach a whole of the first electrode tab 13 is parallel with the first surface of the first current collector 11 (figure 1 above).
In regard to claim 16, in the combination Wang et al. and Deng et al. teach a bottom of the first electrode plate notch is located between the first active substance 12 disposed on two opposite sides of the first electrode tab receiving groove in the length direction of the first electrode plate as the combination would obviate a structure in a plan view (not shown by Wang) such as shown below:
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In regard to claim 17 and 18, in the combination of Wang and Deng et al. as applied above, a bottom of the first or second electrode plate notch is located between two opposite side edges of the first electrode plate in the width direction of the first or second electrode plate (see figure above).
Claims 7-12 are rejected under 35 U.S.C. 103 as being unpatentable over Wang and Deng et al. as applied to claim 3-5 above and further in view of Kim et al. (US Pub 2004/0161662 newly cited).
In regard to claims 7-12, Wang et al. teach electrode plates with grooves and notches in both anode and cathode electrodes as applied above which includes PET insulation tapes 32, 35 (paragraph [0073, 0102]) but do not disclose insulating tapes on the connection portions. However, Kim et al. teach similar wound (jelly roll) type battery unit and winding method (see title) including an anode and positive electrode plate 35 including a positive electrode current collector 41, a positive active material layer 42, a negative electrode plate 26, negative electrode current collector 410, negative electrode tab welded to a negative electrode uncoated area 411 etc. and the desirability to include at least four different insulating tapes 491, 492, 480, 481, 490, 890, 880 on various connections between uncoated portions of the current collector and leads tabs and other the components of the battery (see paragraphs [00400-0080], figures 4-8) which prevents short circuits from forming the battery during winding and covers burrs (paragraphs [0085-0086]) which are presumably single sided tapes as no double sided tapes are disclosed and the function is only to cover an area (and not join components on opposite sides together, which is the typical reason double sided tapes are employed).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the instant application was filed to include insulating tapes at various portions of the positive electrode and negative electrode plate windings (including the notches and grooves) and lead tabs connections of Wang et al. as such prevents short circuits as taught by Kim et al.
The duplication as well as location and arrangement of those tapes is an obvious modification to the prior art depending on the winding structure and portions which are notched and potentially include burrs (see MPEP 2144.04 Part VI).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/ patents/apply/applying-online/eterminal-disclaimer
Claims 1-20 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-12 of U.S. Patent No. 11,329,352 and claims 1-18 of U.S. Patent No. 12,009,483. Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are currently recited are broader than the patented claims, and encompass the same subject matter. All of the dependent claim limitations can be found in the dependent claims of the patented claims.
For instance, US Patent 11,329,352 already claims in independent claim 1, a secondary battery, comprising: a first electrode tab; a first electrode plate, comprising: a first current collector; and a first active substance disposed on a first surface of the first current collector and a second surface of the first current collector, wherein the second surface is opposite to the first surface; a first electrode tab receiving groove defined by an exposed portion of the first surface of the first current collector and the first active substance on a periphery of the first electrode tab receiving groove, the first electrode tab receiving groove receiving the first electrode tab, wherein the first electrode tab is electrically connected with the first current collector through the first electrode tab receiving groove; and a first electrode plate notch disposed on a side edge of the first electrode tab receiving groove and extending through the second surface and the first surface of the first current collector, a first dimension of the first electrode plate notch is greater than a dimension of the first electrode tab, wherein the first dimension of the first electrode plate notch and the dimension of the first electrode tab are defined along a length direction of the first electrode plate, and claim 18 requires the battery to be a wound type battery.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US Pubs 2011/0159344 and 2013/0052499 cited in IPR2023-00585 as the Examiner has considered the petition for Inter Partes Review of US Patent No. 11,329,352.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Nicholas P D'Aniello whose telephone number is (571)270-3635. The examiner can normally be reached on Monday to Friday 9am to 5pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tong Guo can be reached on 571-272-3066. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/NICHOLAS P D'ANIELLO/Primary Examiner, Art Unit 1723
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