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 .
Drawings
The drawings are objected. In Fig. 2A, it appears that reference character 13b should be 113b. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 1-16 are rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-8 of U.S. Patent No. 12183869. Although the claims at issue are not identical, they are not patentably distinct from each other because the present claims would be anticipated or obvious in view of the patented claims.
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 1-11 and 13-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US Pub. No. 20110183170 (“Kwak”).
With regards to Claim 1, Kwak teaches a secondary battery comprising an electrode assembly (100) comprising an anode plate (120) including an anode collector plate (127), an anode active material layer (123 and/or 124) coated on the anode collector plate, and an inner circumferential tab (150) connected to the anode collector plate. Kwak teaches a cathode plate (110) including a cathode collector plate (117), a cathode active material layer (113 and/or 114) coated on the cathode collector plate, and an outer circumferential tab (140) connected to the cathode collector plate. Kwak teaches a separator (130) between the anode plate and the cathode plate (Abstract, Figs. 1-5B, [0043]-[0049], [0054], [0058], and [0074]).
Kwak teaches an end of the anode active material layer and an end of the cathode active material layer are offset relative to each other at a wound front end of the electrode assembly, and a pouch exterior material that accommodates the electrode assembly and allows the inner circumferential tab and the outer circumferential tab to extend outward (Figs. 1-8, [0057], [0073], [0077], and [0084]).
With regards to Claim 2, Kwak teaches at the wound front end of the electrode assembly, the end of the anode active material layer is ahead of the end of the cathode active material layer (e.g. Figs. 1, 2A, and 4A).
With regards to Claim 3, Kwak teaches at the wound front end of the electrode assembly, the end of the cathode active material layer is ahead of the end of the anode active material layer (e.g. Figs. 1, 2B, and 4B).
With regards to Claim 4, Kwak teaches the anode collector plate comprises an anode first surface (121 or 122) and an anode second surface (121 or 122) that is opposite to the anode first surface, and the anode active material layer comprises an anode first active material layer coated on the anode first surface and/or an anode second active material layer coated on the anode second surface (Figs. 4A-5B, [0062], and [0070]-[0072]).
With regards to Claim 5, Kwak teaches an anode first non-coating portion (127) that is not coated with the anode first active material layer is formed at the wound front end of the electrode assembly on the anode first surface, and the inner circumferential tab (150) is welded to the anode first non-coating portion (Fig. 4B and [0076]).
With regards to Claim 6, Kwak teaches an anode second non-coating portion (129a and/or 129b) that is not coated with the anode second active material layer is formed at a wound distal end of the electrode assembly on the anode first surface (Fig. 5B, [0071], and [0072]).
With regards to Claim 7, Kwak teaches an anode third non-coating portion (129a and/or 129b) that is not coated with the anode second active material layer is formed at the wound front end of the electrode assembly on the anode second surface (Fig. 5A, [0071], and [0072]).
With regards to Claim 8, Kwak teaches the cathode collector plate comprises a cathode first surface and a cathode second surface that is opposite to the cathode first surface, and the cathode active material layer comprises a cathode first active material layer coated on the cathode first surface and/or a cathode second active material layer coated on the cathode second surface (Figs. 2A-3B, [0045], and [0070]-[0072]).
With regards to Claim 9, Kwak teaches a cathode first non-coating portion (117) that is not coated with the cathode first active material layer is formed at a wound distal end of the electrode assembly on the cathode first surface, and the outer circumferential tab is welded to the cathode first non-coating portion (Fig. 2A and [0060]).
With regards to Claim 10, Kwak teaches a cathode second non-coating portion (119a and/or 119b) that is not coated with the cathode second active material layer is formed at the wound front end of the electrode assembly on the cathode first surface (Fig. 3A, [0055], and [0056]).
With regards to Claim 11, Kwak teaches a cathode third non-coating portion (119a and/or 119b) that is not coated with the cathode second active material layer is formed at a wound distal end of the electrode assembly on the cathode second surface (Fig. 3B, [0055], and [0056]).
With regards to Claim 13, please see rejected Claims 1, 4, 5, 8, and 9 above.
With regards to Claim 14, Kwak teaches an anode second non-coating portion that is not coated with the anode first active material layer is formed at the wound distal end of the electrode assembly on the anode first surface, an anode third non-coating portion that is not coated with the anode second active material layer is formed at the wound front end of the electrode assembly on the anode second surface, a cathode second non-coating portion that is not coated with the cathode first active material layer is formed at the wound front end of the electrode assembly on the cathode first surface, and a cathode third non-coating portion that is not coated with the cathode second active material layer is formed at the wound distal end of the electrode assembly on the cathode second surface (Figs. 3A, 3B, 5A, and 5B, [0055], and [0056]).
With regards to claim 15, Kwak teaches at the wound front end of the electrode assembly, the anode first non-coating portion and the anode third non-coating portion are inserted between portions of the cathode second non-coating portion that is bent at the wound front end of the electrode assembly (Figs. 1, 3A, 5A, and 5B).
With regards to Claim 16, Kwak teaches at the wound front end of the electrode assembly, the cathode second-non-coating portion is inserted between the anode third non-coating portion and the anode second active material layer (Figs. 1, 3A, 5A, and 5B).
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 12 is rejected under 35 U.S.C. 103 as being unpatentable over US Pub. No. 20110183170 (“Kwak”) as applied to Claim 1 above, and further in view of US Pub. No. 20170125783 (“Mune et al.”).
Kwak teaches the inner and outer circumferential tabs as set forth above.
Kwak does not teach the inner circumferential tab has a larger thickness than the outer circumferential tab.
However, Mune et al. teaches a secondary battery comprising an electrode assembly, wherein its negative-electrode tab has a larger thickness than the positive-electrode tab ([0123] and [0124]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have Kwak’s inner circumferential (anode) tab has a larger thickness than the outer circumferential (cathode) tab in order to control and manage any mechanical stress on the tabs during bending/displacement ([0004], [0005], and [0123]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LISA CHAU whose telephone number is (571)270-5496. The examiner can normally be reached Monday-Friday 11 AM-730 PM.
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, Mark Ruthkosky can be reached at (571) 272-1291. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LC/
Lisa Chau
Art Unit 1785
/Holly Rickman/Primary Examiner, Art Unit 1785
Prosecution Insights