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 .
Status of the Claims
The preliminary amendment submitted 03/14/2024 has been entered and fully considered. Claims 1-10 are pending. Claims 1-3, 5, and 9-10 are amended. Claims 1-10 are examined herein.
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, 3, and 5-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR 10-2011-0007785 A (“Lee” – machine translation of record dated 03/14/2024 cited herein).
Regarding claim 1, Lee discloses a cylindrical jelly-roll electrode assembly (Abstract; [0034], [0041]-[0042]). The electrode assembly comprises a first separator, a positive electrode stacked on a surface of the first separator and including a positive electrode current collector, a second separator provided on a surface opposite to a surface of the positive electrode that adjoins the first separator, and a negative electrode including a negative electrode current collector provided on a surface opposite to a surface of the second separator that adjoins the positive electrode (Fig. 1; [0030]-[0038]).
It is noted that the electrode necessarily includes two separators, otherwise the battery would develop an internal short circuit when wound. See, for example, US 2021/0111465 at Figs. 2, 4 and [0021], [0031]. Likewise, it is noted that the structure wound around the negative electrode while defining a jelly roll hollow portion in a core part is necessarily formed in the cylindrical jelly-roll. See, for example, space 28 in US 2021/0111465 at Figs. 2, 4, 8 and [0027], [0058].
The negative electrode current collector comprises a negative electrode coated portion onto which a negative electrode active material is applied, and negative electrode non-coated portions onto which a negative electrode active material is not applied. The negative electrode non-coated portions are formed at two opposite ends of the negative electrode. At least one of the negative electrode non-coated portions has a negative electrode tab. A protective tape is provided on at least one surface of the negative electrode non-coated portions ([0019]-[0026], [0030]-[0035]). See annotated Fig. 1.
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Annotated Fig. 1 of Lee
Lee discloses the protective tape covers substantially the entire surface of the negative electrode non-coated portion having the negative electrode tab ([0021]-[0022], [0032]). This is taken to anticipate the claimed Expression 1.
Regarding claim 3, Lee discloses the jelly roll electrode assembly of claim 1. As shown in Fig. 1, the positive electrode current collector comprises a positive electrode coated portion onto which a positive electrode active material is applied; and a positive electrode non-coated portion onto which the positive electrode active material is not applied, and wherein the jelly roll electrode assembly comprises a positive electrode tab disposed on the positive electrode non-coated portion.
Regarding claim 5, Lee discloses the jelly roll electrode assembly of claim 3. As shown in Fig. 1, the jelly roll electrode assembly contains only one positive electrode tab and only one negative electrode tab.
Regarding claim 6, Lee discloses the jelly roll electrode assembly of claim 3. As shown in Fig. 1, positive electrode active material layers are provided on two opposite surfaces of the positive electrode coated portion of the positive electrode current collector; and negative electrode active material layers are provided on two opposite surfaces of the negative electrode coated portion of the negative electrode current collector.
Regarding claim 7, Lee discloses the jelly roll electrode assembly of claim 1. Lee discloses the protective tape is formed of polyethylene terephthalate (PET) or polyimide (PI) ([0024], [0035]).
Regarding claim 8, Lee discloses the jelly roll electrode assembly of claim 1. Lee discloses the protective tape has a thickness of 15 to 70 µm ([0034]).
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.
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 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over KR 10-2011-0007785 A (“Lee” – machine translation of record dated 03/14/2024 cited herein) in view of US 2016/0149221 A1 (“Choi”).
Regarding claims 2 and 4, Lee discloses the jelly roll electrode assembly of claim 1. As shown in Fig. 1, Lee discloses the negative electrode non-coated portions comprise: a surface of a first negative electrode non-coated portion having the negative electrode tab, wherein the protective tape is formed on the surface of the first negative electrode non-coated portion. Lee anticipates Expression 2 with the disclose that the protective tape covers substantially the entire surface of the negative electrode non-coated portion having the negative electrode tab ([0021]-[0022], [0032]). That is, that a1 is approximately 100%.
Lee does not expressly disclose the negative electrode non-coated portions comprise a surface of a second negative electrode non-coated portion opposite to the surface of the first negative electrode non-coated portion, wherein the protective tape is formed on the surface of the second negative electrode non-coated portion, and 25% ≤ b1 ≤ 100%.
Choi discloses an electrode assembly comprising a negative electrode 12 (Fig. 6). The negative electrode comprises a negative electrode current collector 122 having a negative electrode coating portion 12a where the negative electrode active material layer 123 is formed and a negative electrode uncoated region 12b where the negative electrode active material layer 123 is not coated ([0066]). First and second negative electrode protection tapes 35, 36 are attached to the negative electrode uncoated region 12b. A first cover 35a covers the side end of the negative electrode coating portion 12a and a second cover 35b extends from the first cover 35a and covers both the negative electrode tab 52 and the negative electrode uncoated region 12b ([0067]). A third cover 36a covers the side end of the negative electrode coating portion 12a, and a fourth cover 36b extends from the third cover 36a and that covers a portion where the negative electrode tab 52 and the negative electrode current collector 122 are welded ([0070]). The second negative electrode protection tape 36 prevents the negative electrode active material layer 123 from separating and protects a portion where the negative electrode current collector 122 and the negative electrode tab 52 are welded ([0070]).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to include a second protective tape on the opposite surface to protects a portion where the negative electrode current collector and the negative electrode tab are welded as taught by Choi. Furthermore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to optimize the size of the tape, relative to the size of the non-coated portion, through routine experimentation to best protect the portion where the negative electrode current collector and the negative electrode tab are welded in view of considerations such as cost.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over KR 10-2011-0007785 A (“Lee” – machine translation of record dated 03/14/2024 cited herein) in view of US 2008/0280197 A1 (“Machida”).
Regarding claim 9, Lee discloses the jelly roll electrode assembly of claim 1. Lee does not expressly disclose the negative electrode current collector is disposed at an outermost periphery of the jelly roll electrode assembly.
Machida discloses a spirally-wound non-aqueous electrolyte secondary battery including a stacked electrode assembly (Abstract). An outermost periphery of the jelly roll structure is the negative electrode current collector 12b (Fig. 3). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to form the claimed structure because it is known in the art and one would expect the structure to yield predictable results in view of Machida.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over KR 10-2011-0007785 A (“Lee” – machine translation of record dated 03/14/2024 cited herein) in view of US 2021/0111465 A1 (“Mizawa”).
Regarding claim 10, Lee discloses the jelly roll electrode assembly of claim 1. Lee does not expressly disclose a battery exterior material; the jelly roll electrode assembly provided in the battery exterior material; and an exterior cap having an electrode provided in an opening portion of the battery exterior material.
Mizawa discloses nonaqueous electrolyte secondary battery 10 including a case main body 15 and a sealing body 16, wherein the case main body 15 receives the electrode body 14 (Fig. 1; [0026]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to include a battery exterior material and an exterior cap as claimed as this amounts to combining prior art elements according to known methods to yield predictable results in view of the disclosure of Mizawa. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
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 1-10 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-3, 5-7, and 9-22 of copending Application No. 19/046,899 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because the instant claims are anticipated by the claims of the reference application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Scott Carrico whose telephone number is (571)270-5504. The examiner can normally be reached Monday-Friday 9:15AM-6PM ET.
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Robert Scott Carrico
Primary Examiner
Art Unit 1727
/Robert S Carrico/Primary Examiner, Art Unit 1727
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