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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Mukai et al. (WO 2019/194181 A1), in view of Motegi et al. (JP 2008047304 A).
Regarding claim 1, Mukai teaches a cylindrical secondary battery (Pg. 1, Par. 7; the nonaqueous electrolyte secondary battery is cylindrical), comprising: a wound assembly (Pg. 2, Par. 3; “The electrode body 14 is a wound electrode body”) obtained by winding an electrode plate (Pg. 2, Par. 3; positive electrode 11) having a belt-shaped core (Pg. 3, Par. 6, positive electrode core 30; Fig. 4, the core is shaped as a belt) and active material mixture layers formed on both sides of the core (Pg. 3, Par. 6, positive electrode mixture layer 31 includes an active material; “and is preferably provided on both sides of the positive electrode core 30”), and a current collecting metal tab (positive electrode lead 20) being arranged in an exposed portion that the core is exposed from (Pg. 4, Par. 2; “The positive electrode lead 20 is joined to the core body exposed portion 32”), the current collecting metal tab being electrically connected to the core (Pg. 4, Par. 2; the positive electrode lead 20 is physically and electrically connected to the core body exposed portion 32 by welding). Mukai fails to teach the active material mixture layer being interposed between at least part of a width-directional end of the current collecting metal tab and core.
However, Motegi teaches a cylindrical secondary battery (Par. 0001, 0002), comprising a wound assembly (wound body 1), with an active material mixture layer (Par. 0008, Fig. 3b; the active material layer may be formed on both surfaces of the current collector of the positive electrode), a current collecting metal tab (Par. 0024; “core material 3 also serves as a current collecting tab”) and a core (Par. 0022 of the present specification states that the core is made of an aluminum foil; Par. 0015 of Motegi states that the positive electrode C is made of aluminum foil, thus positive electrode C serves as the core), wherein the active material layer is interposed between at least part of a width-directional end of the current collecting metal tab and the core (Fig. 3b, Par. 0023; the collecting metal tab, which is the core material 3, is placed on the wound body comprising the positive electrode C, which has the active material on each surface; thus, the active material layer is interposed between at least part of the width-directional end).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the cylindrical secondary battery taught by Mukai by incorporating the active material mixture layer between at least part of a width-directional end of the current collecting metal tab and the core, as taught by Motegi. This would be done in order to suppress buckling of the electrode through the current collecting metal tab, thus improving cycle characteristics, as stated in Motegi (Par. 0023).
Regarding claim 2, modified Mukai teaches the cylindrical secondary battery of claim 1, wherein a shape of the width-directional end of the current collecting metal tab is a linear shape (Fig. 4, 6) or a curved shape (Fig. 7) as the current collecting metal tab is viewed through a thickness direction (Figs. 6 and 7 are viewed in the thickness direction).
Regarding claim 3, modified Mukai teaches the cylindrical secondary battery of claim 1, wherein the current collecting metal tab is welded to the core (Pg. 4, Par. 2; the positive electrode lead 20 is welded to the core body exposed portion 32).
Regarding claim 4, modified Mukai teaches the cylindrical secondary battery of claim 1, wherein the current collecting metal tab is arranged on an outer winding side of the electrode plate (Pg. 4, Par. 2, Fig. 4 is a front view of the positive electrode, and Fig. 5 is a view looking down on the electrode from above; Fig. 5 shows the positive electrode lead 20 on the outer winding surface of the electrode plate).
Additionally, the Examiner notes that the winding side on which the current collecting metal plate is arranged is unpatentable because it is the Examiner’s position that the modification of which winding side the current collecting metal tab is placed on would not modify the operation of the secondary battery (See MPEP 2144.04(VI)(C)).
Regarding claim 5, modified Mukai teaches the cylindrical secondary battery of claim 1, wherein the electrode plate is a positive electrode plate (positive electrode 11).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CAMERON M BAIRD whose telephone number is (571)272-9742. The examiner can normally be reached 8am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at (571) 270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CAMERON M BAIRD/Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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