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 .
Election/Restrictions
Applicant’s election without traverse of claim 16 in the reply filed on 1/26/2026 is acknowledged.
Claims 15, 17, 18 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 1/26/2026.
Information Disclosure Statement
The Information Disclosure Statement (IDS) filed 6/20/2024 has been placed in the application file and the information referred to therein has been considered.
Drawings
The drawings received 6/20/2024 are acceptable for examination purposes.
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 1-14 are rejected under 35 U.S.C. 103 as being unpatentable over Pan (CN 106299241).
See figures 1 and 2 of Pan. Regarding claim 1, Pan discloses a battery cell, comprising a battery cell and a packaging bag for packaging the battery cell, the battery cell comprises:
a first electrode plate;
a second electrode plate;
a separator disposed between the first electrode plate and the second electrode plate; the first electrode plate, the second electrode plate, and the separator are wound along a length direction of the first electrode plate;
a first electrode tab located at an end in a width direction of the first electrode plate;
wherein in the length direction of the first electrode plate, the first electrode plate comprises a first edge, and a first notch 41 is disposed at the first edge [0037].
Regarding claim 2, the first electrode plate further comprises a second edge opposite to the first edge in the length direction of the first electrode plate, and a second notch 41 is disposed at the second edge [0037].
Regarding claim 3, an opening direction of the first notch is opposite to an opening direction of the second notch. Fig. 2.
Regarding claim 4, a symmetry axis of the first notch and a symmetry axis of the second notch are on one straight line. Fig. 2.
Regarding claim 7, in a length direction of the second electrode plate, the second electrode plate comprises a fourth edge, and a third notch is disposed at the fourth edge [0040].
Regarding claim 8, the second electrode plate further comprises a fifth edge opposite to the fourth edge in the length direction of the second electrode plate, and a fourth notch is disposed at the fifth edge [0020, 0040]. Fig. 2.
Regarding claim 9, an opening direction of the third notch is opposite to an opening direction of the fourth notch are opposite [0020, 0040]. Fig. 2.
Regarding claim 12, the first electrode plate is a cathode electrode plate, and the second electrode plate is an anode electrode plate [0037, 0040].
Regarding claim 13, the first notch is disposed in a start segment of the anode electrode plate, and the third notch is disposed in a tail segment of the cathode electrode plate [0027].
Regarding claim 14, the first electrode plate comprises a first current collector; the first electrode tab and the first current collector are integrally formed [0023, 0024].
Regarding claim 1, an opening width of the first notch is 1/7 to 3/5 of a width of the first electrode plate, regarding claim 6, an opening width of the second notch is 1/7 to 3/5 of the width of the first electrode plate, and regarding claim 11, an opening width of the third notch is 1/7 to 3/5 of a width of the second electrode plate; and an opening width of the fourth notch is 1/7 to 3/5 of the width of the second electrode plate, Pan discloses that mark holes (Applicant’s notches) mark the starting point and the end point of the coating area provided [0011, 0037]. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the width of the mark hole depending on the visibility of the notch for the benefit of visibly identifying the mark hole to start and stop coating the electrode substrate. It is noted that if the width is too small, the mark hole would not be visibly identifiable. If the width is too large, it would not appear to look like a mark hole at all.
Regarding claim 5, the first electrode plate comprises a third edge in the length direction of the first electrode plate, a distance between a symmetry axis of the first notch and the third edge is 1/3 to 2/3 of a width of the first electrode plate; and a distance between a symmetry axis of the second notch and the third edge is 1/3 to 2/3 of the width of the first electrode plate, and regarding claim 10, the second electrode plate comprises a sixth edge in a length direction of the second electrode plate, a distance between a symmetry axis of the third notch and the sixth edge is 1/3 to 2/3 of a width of the second electrode plate; and a distance between a symmetry axis of the fourth notch and the sixth edge is 1/3 to 2/3 of the width of the second electrode plate, Pan discloses a position of the notch as a distance of the notch from the top of the tab h1 and h2. See figure 2. Pan discloses that the distance h1 and h2 are adjustable [0044]. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the distance of the mark hole h1 and h2 depending on a position that allows for good visibility.
Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Pan (CN 106299241) as applied to claim 1, in view of Endo (US 2017/0187036).
Regarding claim 16, Pan discloses an active material is provided on the first electrode plate, but not on the first electrode tab; Pan does not disclose the active material on the first electrode plate and the active material on the first electrode tab are in contact with each other; and a width of the active material on the first electrode tab is 0 mm to 2 mm in the width direction of the first electrode plate. Endo teaches a wound battery comprising a positive electrode current collector having a layer of protective layer and a positive electrode mixture layer. A portion of the protective layer protrudes an edge of the positive electrode mixture layer called the second region 23b [0030]. The second region 23b highly suppresses the occurrence of a low-resistance internal short-circuit between the part of the positive electrode current collector where the positive electrode mixture layer is not disposed and the negative electrode. The second region 23b is a hard layer mainly composed of inorganic particles and is therefore hardly broken even if contaminating foreign matter is strongly abutted against the second region 23b [0031]. The active material layer 26 is provided on the tab 25 by protruding from the entire body part 26 to the tab 25. See figure 3. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to coat the electrode layer from the body part into the tab, as taught by Endo, for the benefit of strengthening the interface between the body part and the tab portion of the current collector. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the width of the active material on the tab for the benefit of appropriately strengthening the interface between the body part and the tab portion of the current collector.
Claims 19, 20 are rejected under 35 U.S.C. 103 as being unpatentable over Pan (CN 106299241).
See Figures 1 and 2 of Pan. Regarding claim 19, Pan discloses a lithium-ion battery, comprising a battery cell and a packaging bag for packaging the battery cell, the battery cell comprises: a first electrode plate; a second electrode plate; a separator disposed between the first electrode plate and the second electrode plate; the first electrode plate, the second electrode plate, and the separator are wound along a length direction of the first electrode plate; a first electrode tab located at an end in a width direction of the first electrode plate; wherein in the length direction of the first electrode plate, the first electrode plate comprises a first edge, and
a first notch 41 is disposed at the first edge [0037].
Regarding claim 19, wherein an opening width of the first notch is 1/7 to 3/5 of a width of the first electrode plate, Pan discloses that mark holes (Applicant’s notches) mark the starting point and the end point of the coating area provided [0011, 0037]. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the width of the mark hole depending on the visibility of the notch for the benefit of visibly identifying the mark hole to start and stop coating the electrode substrate. It is noted that if the width is too small, the mark hole would not be visibly identifiable. If the width is too large, it would not appear to look like a mark hole at all.
Regarding claim 20, the first electrode plate comprises a third edge in the length direction of the first electrode plate, a distance between a symmetry axis of the first notch and the third edge is 1/3 to 2/3 of a width of the first electrode plate, Pan discloses a position of the notch as a distance of the notch from the top of the tab h1 and h2. See figure 2. Pan discloses that the distance h1 and h2 are adjustable [0044]. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the distance of the mark hole h1 and h2 depending on a position that allows for good visibility.
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 1-18 of U.S. Patent No. 12,046,718. Although the claims at issue are not identical, they are not patentably distinct from each other in that claims 1-18 of U.S. Patent No. 12,046,718 contain all the limitations of claims 1-20 of the instant application.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA KYUNG SOO WALLS whose telephone number is (571)272-8699. The examiner can normally be reached on M-F until 5pm.
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/CYNTHIA K WALLS/ Primary Examiner, Art Unit 1751