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 Claims
Claims 1 – 17 are pending in the current application and under consideration on the merits.
Information Disclosure Statement
The information disclosure statements submitted on 06/17/2024, 07/25/2025, and 08/08/2025 have been considered by the examiner.
Claim Objections
Claim 4 is objected to because of the following informalities: claim 4 recites “wherein in each” in the last paragraph. The claim should read “wherein each”. Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitation “The jelly-roll type electrode assembly of claim 1, wherein each of the first separator overlapping portion and the second separator overlapping portion have a dimension in a width direction of the second electrode, wherein the dimension is an amount in a range of 100% to 110% or less based on a width of the second electrode.” What dimension width is measured in for the electrode and separator overlapping portion is undefined. The width could be measured in a direction perpendicular and/or parallel to the winding axis and perpendicular and/or parallel to the winding direction.
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For purposes of examination the width is any of the following dimensions:
Parallel to the winding axis and perpendicular to the winding direction
Perpendicular to the winding axis and parallel to the winding direction
Perpendicular to the winding axis and perpendicular to the winding direction
Embodiment I of width is illustrated below.
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Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 -5, 7 – 9, and 11 - 17 are rejected under 35 U.S.C. 102(a)(2) as anticipated by Jeon et al. (US 2023/0120585 A1), herein referred to as Jeon.
Regarding claim 1, Jeon discloses an electrode assembly (jelly-roll type electrode) for a cylindrical secondary battery [0036]. The electrode assembly has a positive electrode, negative electrode, and separator [0036]. The separator includes a first and second separator [0045]. The wound electrode assembly’s negative electrode (first electrode), first separator, positive electrode (second electrode), and second separator are stacked sequentially when wound [0046, Fig. 2A, Fig. 3A, Fig. 4A]. The electrode assembly is wound around a core member (winding axis) [0066, Fig. 2A, Fig. 3A, Fig. 4A]. Figures 2D, 3D, and 4D illustrate the core part of the electrode assembly with a positive electrode protection region. The positive electrode has an inner surface (first surface) which faces the winding axis and an opposed outer surface (second surface) [0045, Fig. 2D, Fig. 3D, Fig. 4D]. The electrode assembly has a positive electrode protection region wherein the separators have multiple layers on the inner and/or outer surface of the positive electrode, creating a first and second separator overlapping portion [0053, 0060, 0068, Fig. 2D, Fig. 3D, Fig. 4D]. The positive electrode protection region is provided near the positive electrode winding leading edge (end portion) [0053, 0058, 0070, Fig. 2D, Fig. 3D, Fig. 4D].
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Figure 1: Annotated Figure 4A of Jeon regarding claim 1
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Figure 2: Annotated Figure 4D of Jeon regarding claim 1
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Figure 3: Annotated Figure 4D of Jeon regarding claim 1
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Figure 4: Annotated Figure 4D of Jeon regarding claim 1
Regarding claim 2, Jeon discloses the jelly-roll type electrode described above in the rejection of claim 1. Jeon further discloses an embodiment wherein the electrode protection region is provided on the inner and outer surfaces of the positive electrode [0068]. For the embodiment as disclosed, the first and second separators overlapping portions each must bend towards the inner and outer side respectively. Therefore, the first and second separators are bent to the first and second side. This is illustrated in figure 4D.
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Figure 5: Annotated Figure 4D of Jeon regarding claim 2
Regarding claim 3, Jeon discloses the jelly-roll type electrode described above in the rejection of claim 1. Jeon further discloses an embodiment wherein the electrode protection region, the two-layered separator, is provided on the inner and outer surfaces of the positive electrode [0068]. For the embodiment as disclosed, each layer of the first and second separator, within the overlapping portions, must bend towards the inner and outer side respectively, creating a plurality of bent portions. This is illustrated in figure 4D.
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Figure 6: Annotated Figure 4D of Jeon regarding claim 3
Regarding claim 4, Jeon discloses the jelly-roll type electrode described above in the rejection of claim 1. Jeon further discloses an embodiment wherein the positive electrode protection region, made-up by the two-layers structure of the first and second separator, are provided at the positive electrode winding leading edge [0070]. Namely, two-layers are located on both sides of the positive electrode, thereby covering the positive electrode in four folds. This is illustrated in figure 4D.
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Figure 7: Annotated Figure 4D of Jeon regarding claim 4
Regarding claim 5, Jeon discloses the jelly-roll type electrode described above in the rejection of claim 1. Jeon further discloses the separators are placed between the positive and negative electrode to prevent a short circuit. Expressly, the separator must completely cover one of the electrodes to prevent any portion of the electrodes from touching each other [Fig. 1B]. Therefore, Jeon implicitly discloses embodiments wherein, the separator is 100% of the width of the positive electrode. "[I]n considering the disclosure of a reference, it is proper to take into account not only specific teachings of the reference but also the inferences which one skilled in the art would reasonably be expected to draw therefrom." In re Preda, 401 F.2d 825, 826, 159 USPQ 342, 344. See MPEP 2144.01 for further discussion on implicit disclosure.
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Figure 8: Annotated Figure 1B of Jeon regarding claim 5
Regarding claim 7, Jeon discloses the jelly-roll type electrode described above in the rejection of claim 1. Jeon further discloses an embodiment wherein the negative electrode (first electrode) leading edge is placed between the first and second separator and wound [0052, 0061, 0069, Fig. 2D, Fig. 3D, Fig. 4D]. Therefore, the first and second separators when wound around the negative electrode are bent away from the winding axis with the negative electrode. Jeon further discloses that the positive electrode protection region is made-up by multi-layer structure of the second separator [0051, 0070, Fig. 2D, Fig. 4D].
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Figure 9: Annotated Figure 4D of Jeon regarding claim 7
Regarding claim 8, Jeon discloses the jelly-roll type electrode described above in the rejection of claim 7. Jeon further discloses the electrodes and separators extend beyond the winding edges and are additionally wound as evident by the recitation of “after the winding of the electrode assembly is completed” [0069]. This is further illustrated in figures 1B, 1C, 2A, 2D, 3A, 3D, 4A, and 4D.
Regarding claim 9, Jeon discloses the jelly-roll type electrode described above in the rejection of claim 7. Jeon further discloses an embodiment wherein the positive electrode protection region has the second separator with two-layers on the outer surface [0070].
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Figure 10: Annotated Figure 4D of Jeon regarding claim 9
Regarding claim 11, Jeon discloses the jelly-roll type electrode described above in the rejection of claim 7. Jeon further discloses an embodiment wherein a two-layered positive electrode protection region (overlapping portion) is placed between the negative (first) electrode and inner (first) surface [0070, Fig. 4D]. The first separator makes up the two-layered positive electrode protection region (overlapping portion) [0067, Fig. 4D].
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Figure 11: Annotated Figure 3D of Jeon regarding claim 11
Regarding claim 12, Jeon discloses the jelly-roll type electrode described above in the rejection of claim 7. Jeon further discloses an embodiment wherein the positive electrode protection region has a two-layer separator provided on the inner surface by the first separator [0070, Fig. 4D].
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Figure 12: Annotated Figure 4D of Jeon regarding claim 12
Regarding claim 13, Jeon discloses the jelly-roll type electrode described above in the rejection of claim 7. Jeon further discloses an embodiment wherein the positive electrode protection region has a two-layer separator provided on the inner surface by the first separator and outer surface provided by the second separator [0070, Fig. 4D].
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Figure 13: Annotated Figure 4D of Jeon regarding claim 13
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Figure 14: Annotated Figure 4D of Jeon regarding claim 13
Regarding claim 14, Jeon discloses the jelly-roll type electrode described above in the rejection of claim 1. Jeon further discloses the positive (second) electrode includes a positive electrode current collector plate and a positive electrode active material layer coated on the surface [0036, 0044, Fig. 1B, Fig. 2A, Fig. 3A, Fig. 4A]. While Jeon does not explicitly disclose the active material entirely covers the current collector to at least one end, Jeon illustrates multiple embodiments wherein the active material is provided at the edge of the current collector [Fig. 2A, Fig. 2B, Fig. 3A, Fig. 3B, Fig. 4A, and Fig. 4B].
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Figure 15: Annotated Figure 4A and 4B of Jeon regarding claim 14
Regarding claim 15, Jeon discloses the jelly-roll type electrode described above in the rejection of claim 1. Jeon further discloses the negative electrode is the first electrode and the positive electrode is the second electrode [0046, Fig. 2D, Fig. 3D, Fig. 4D].
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Figure 16: Annotated Figure 4D of Jeon regarding claim 15
Regarding claim 16, Jeon discloses a secondary battery [0034]. The secondary battery includes the electrode assembly (jelly-roll type electrode) as described in the rejection of claim 1 [0036]. The electrode assembly is housed in a cylindrical can (case) [0034, Fig. 1A, Fig. 1B, Fig. 1C].
Regarding claim 17, Jeon discloses the jelly-roll type electrode described above in the rejection of claim 16. Jeon further discloses a cylindrical can (cylindrical case) for housing the electrode assembly [0034, Fig. 1A, Fig. 1B, Fig. 1C].
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.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Jeon et al. (US 2023/0120585 A1), in further view of Yamasaki et al. (US 2024/0405290 A1), herein referred to as Yamasaki.
Regarding claim 6, Jeon discloses the jelly-roll type electrode described above in the rejection of claim 1. Jeon does not disclose wherein each of the first separator overlapping portion and the second separator overlapping portion have a length in the longitudinal direction, wherein the length is in a range of 0.1 mm to 30 mm.
In the same field of endeavor of stacked separators in wound electrode bodies, Yamasaki discloses the total length of the separator overlap of the layered separator is greater than or equal to 1 mm and shorter than the part of the electrode wound body corresponding to the innermost one wind [0092]. Yamasaki discloses that when the layered separator overlaps the positive electrode over a length of 1 mm or greater, it is possible to sufficiently prevent the occurrence of a short circuit even when a local stress resulting from the step of the inner winding side edge of the positive electrode is applied to the separator [0092].
Therefore, as Yamasaki clearly teaches the layered separator overlap of 1 mm provides the advantage of preventing short circuiting, it would have been obvious to one of ordinary skill in the art at the time of the claimed invention to set the overlap of the two-layered separator of JeonAlways wosa to 1 mm. Thus the claimed invention as a whole is prima facie obvious over the combined teachings of the prior art.
Claim 10 is rejected under 35 U.S.C. 103 as being obvious over Jeon et al. (US 2023/0120585 A1).
Regarding claim 10, Jeon discloses the jelly-roll type electrode described above in the rejection of claim 7. Jeon further discloses embodiments of the positive electrode protection region (overlapping region) wherein the outer (second) surface has a tripled-layered separator [0051, Fig. 2D]. However, the embodiment disclosed by Jeon has the first separator as the outermost separator from the second surface in the tripled-layered structure [0048, 0050, Fig. 2D]. Therefore, the first and second separator portions are between the second electrode and first separator as illustrated below.
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Figure 17: Annotated Figure 2D of Jeon regarding claim 10
As described above Jeon discloses the claimed invention except for the second separator being the outermost layer from the second surface of the second electrode in the three-layered separator of the positive electrode protection region. It would have been obvious to one having ordinary skill in the art at the time the invention was made to move the first separator between the negative and positive electrode to the second side of the positive electrode and move the first separator from the outermost second side of the positive electrode to the first side of the positive electrode, since it has been held that rearranging parts of an invention involves only routine skill in the art. In re Japikse, 86 USPQ 70. See MPEP 2144.04(V)(C) for discussion on rearrangement of parts. See annotated figure below for illustration of rearrangement of parts.
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Figure 18: Annotated Figure 2D of Jeon with rearrangement of parts regarding claim 10
Pertinent Prior Art
The following constitutes a list of prior art which are not relied upon herein, but are considered pertinent to the claimed invention and/or written description thereof. The prior art are purposely made of record hereinafter to facilitate compact/expedient prosecution, and consideration thereof is respectfully suggested.
Mun (US 2015/0037637 A1) discloses a rechargeable battery includes an electrode assembly including spiral-wound a first electrode, a first separator, second electrode, and a second separator, the first electrode, first separator, second electrode, and second separator being sequentially disposed around a center, a case receiving the electrode assembly, and a cap assembly coupled to an opening of the case, wherein the first separator and the second separator enclose first ends of the first electrode and the second electrode at the center, portions of the first and second separators defining a re-spiral-wound region having at least a first portion disposed between the first electrode and the second electrode in a diameter direction of the electrode assembly.
Hiratsuka (US 2024/0072308 A1) discloses a secondary battery includes a wound electrode body, positive and negative electrode current collector plates, an electrolytic solution, and a battery can. The wound electrode body includes a stack in which positive and negative electrodes are stacked with a separator therebetween. The stack is wound around a central axis. The positive electrode current collector plate faces a first end face of the wound electrode body and is coupled to the positive electrode. The negative electrode current collector plate faces a second end face of the wound electrode body and is coupled to the negative electrode. In the wound electrode body, a positive electrode edge of an innermost wind portion of the positive electrode is located on an inner side relative to a negative electrode edge of an innermost wind portion of the negative electrode. The positive electrode edge includes an inclined portion inclined with respect to the central axis.
Oh et al. (US 7,897,279 B2) discloses an electrode assembly including a first electrode strip having a first electrode collector coated with at least a first electrode active material, an exposed portion of the first electrode collector attached with a first electrode tab; a second electrode strip having a second electrode collector coated with at least a second electrode active material and is rolled together with the first electrode strip, an exposed portion of the second electrode collector is attached with a second electrode tab; and at least one inter-electrode strip separator is positioned between the first and second electrode strips, wherein at least one sheet of protective separator, which is extended from the inter-electrode strip separator, is further positioned on a side of the first electrode strip attached with the first electrode tab.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB R STANLEY whose telephone number is (571)270-5447. The examiner can normally be reached 7:30 AM - 5 PM.
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/J.R.S./ Examiner, Art Unit 1782
/AARON AUSTIN/ Supervisory Patent Examiner, Art Unit 1782
