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 .
Response to Arguments
Applicant's reply filed 7/21/2026 includes claim amendments and corresponding arguments. The 35 USC 112(b) Rejection for Claim 17 set forth in the previous action has been withdrawn due to Applicant’s amendments.
Applicant argues the art of record does not disclose the limitation “the edge part extends from the central part to both sides.” Applicant states “the present application discloses features corresponding to amended claim 1 in which a distinct structure where the edge portions (the regions connected to the electrode assembly) extend to, and are located on both sides of, the central portion (the region connected to the terminal).”
It appears Applicant is arguing the prior art does not disclose two edge portions (one on each side of the central portion; see Applicant’s use of the plural “edge portions,” and “are located”). It is noted that the features upon which applicant relies (i.e., two edge portions) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). The claims currently only require one edge portion (referred to as an “edge part” in the instant disclosure and claims). If Applicant intends to claim two edge parts, such an amendment would be supported by the instant disclosure, see [0064] of the published application US20250046962A1:
[0064]: In one or more embodiments, the first current collector plate 121 may include the connection part 121 c and the edge part 121 b provided on both sides in the first direction (e.g., x direction) with respect to the central part 121 a.
Amended Claim 1 is also unclear regarding the origin and termination of the claimed edge part. See 35 USC 112(b) section in this action for additional detail. The instant claims, as currently written and best understood by Examiner, remain obvious over the prior art cited in the previous action.
Claim Rejections - 35 USC § 112(b)
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-20 are 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 1 recites “the edge part extends from the central part to both sides” on line 15 of the claim. This limitation does not clearly define a structure of the edge part. The format of the limitation is “the edge part extends from ______ to ______,” which indicates a definition of where the edge part begins and ends. While it is clear that the edge part “extends from the central part” (i.e., begins at the central part), it is not clear how the edge part can end at two different locations (i.e., at “both sides”). It is also not clear which claimed battery component has the “sides” that are being referred to. For the purpose of this action, the limitation will be examined as “the edge part extends from the central part,” without a termination point being claimed. Further clarification of this limitation is requested.
Claims 2-20 are also rejected, as they depend upon Claim 1.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior
Office action.
Claims 1-9, 11, 12, 19, and 20 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Wakimoto et al., US 20180375070 A1 (previously cited).
Regarding Claim 1, Wakimoto discloses a secondary battery (rectangular secondary battery 20 [0056], Figs. 1-26) comprising:
an electrode assembly (electrode body 3) having a first electrode tab (negative-electrode tab group 50 [0056-0057]) and a second electrode tab (positive-electrode tab group 40 [0057, 0071]);
a first current collection part electrically coupled to the first electrode tab (negative-electrode current collector 9/209 is welded to the negative-electrode tab group 50 [0074-0075]), and comprising an edge part welded to the first electrode tab (terminal connection portion 209a [0118-0124], see “Edge Part” in Annotated Fig. 22) and a central part (tab connection portion 209b [0118-0124], “Central Part” in Annotated Fig. 22);
a case accommodating the electrode assembly and the first current collection part (rectangular casing 1 [0056], Figs. 2 and 22);
a first cap plate sealing a side opening of the case (sealing plate 202 [0056-0060, 0119], “1st Cap
Plate” in Annotated Fig. 22);
a first terminal coupled to the first current collection part (negative-electrode outer conductor 211 [0119-0121], “1st Terminal” in Annotated Fig. 22), and exposed to an exterior of the first cap plate (see Fig. 22); and
a support between the central part of the first current collection part and the electrode assembly (resin cover 261 disposed between the negative-electrode current collector 209 and the electrode body 3 [0134], “Support” in Annotated Fig. 22),
wherein the central part (209a) protrudes further toward the first cap plate (202) than the edge part (209b, see Fig. 22),
wherein the central part has a central region protruding outwardly (see Fig. 22: central part 209a protrudes “outwardly” towards first cap plate 202), and
wherein the edge part extends from the central part (209b extends from 209a in the x-direction), and is welded to the first electrode tab of the electrode assembly ([0074-0075]).
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Wakimoto – Annotated Fig. 22
Regarding Claim 2, Wakimoto discloses all limitations as set forth above. Wakimoto discloses the support comprises an insulating material (resin used as an insulating material [0056], cover 261 is a resin cover [0134]).
Regarding Claim 3, Wakimoto discloses all limitations as set forth above. Wakimoto discloses the first current collection part (209) comprises:
a first current collector plate (209) comprising the edge part (209b), which is coupled to the first electrode tab by welding ([0074-0075, 0122]), and the central part (209a); and
a second current collector plate contacting an outer surface of the first current collector plate (negative electrode terminal 10 [0120] contacts upper surface of 209a, “2nd CC Plate” in Fig. 22), and contacting and welded-bonded to an inner surface of the first terminal ([0072-0073], see “inner surface of 1st terminal” in Annotated Fig. 22):
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Wakimoto – Annotated Fig. 22
Regarding Claim 4, Wakimoto discloses all limitations as set forth above. Wakimoto discloses an outer surface of the central part is coupled to an inner side of the second current collector plate by welding (welded joint 33: negative electrode current collector 9 is welded to the flange portion 10a of negative electrode terminal 10 [0076]).
Regarding Claim 5, Wakimoto discloses all limitations as set forth above. Wakimoto discloses the first current collector plate further comprises a connection part between the central part and the edge part (stepped portion 209c between the terminal connection portion 209a and the tab connection portion 209b [0122]) and inclined in a direction from the central part to the edge part (Fig. 22).
Regarding Claim 6, Wakimoto discloses all limitations as set forth above. Wakimoto discloses a protrusion part (insertion portion 10b) that protrudes outwardly from a central region of the second current collector plate (insertion portion 10b protrudes outwardly from flange 10a [0119], “central region” is an outward-facing surface of 10a).
Regarding Claim 7, Wakimoto discloses all limitations as set forth above. Wakimoto discloses an outer surface of the protrusion part (outer surfaces of 10b and 10c) is coupled to the inner surface of the first terminal by contacting and welding ([0060, 0072-0073, 0119]).
Regarding Claim 8, Wakimoto discloses all limitations as set forth above. Wakimoto discloses an insulator between the first terminal and the first cap plate (outer insulator 15, which is made of a resin, is disposed between the negative-electrode outer conductor 211 and the sealing plate 202 [0119-0120]).
Regarding Claim 9, Wakimoto discloses all limitations as set forth above. Wakimoto discloses a size of the central part of the first current collector plate is less than that of an inner surface of the second current collector plate (see height “h1” of the first current collector plate 209 is less than height “h2” of an inner surface of the second current collector plate 10, Annotated Fig. 22):
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Wakimoto – Annotated Fig. 22
Regarding Claim 11, Wakimoto discloses all limitations as set forth above. Wakimoto discloses the electrode assembly comprises a Z-stack electrode assembly in which a positive electrode plate and a negative electrode plate are inserted into respective sides of a separator bent into a Z-stack (positive electrode plates 4 and negative electrode plates 5 are stacked with rectangular polyolefin separators therebetween, the separator may be folded in a zigzag pattern [0071]).
Regarding Claim 12, Wakimoto discloses all limitations as set forth above. Wakimoto discloses
the separator is fixed by an adhesive in the electrode assembly ([0071, 0084]).
Regarding Claim 19, Wakimoto discloses all limitations as set forth above. Wakimoto discloses a clad sheet may be placed between the first current collection part and the first terminal (see nickel-cladding on exterior of first terminal 11/211: “a nickel layer may be formed on a surface of the negative-electrode outer conductor 11” [0060-0063]).
Regarding Claim 20, Wakimoto discloses all limitations as set forth above. Wakimoto discloses the first terminal (211) is mechanically and electrically coupled to the first current collection part (209) (negative-electrode outer conductor 211 is mechanically and electrically coupled to negative-electrode current collector 209 via negative electrode terminal 10 [0119-0121]).
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 10, 15, 17, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Wakimoto et al., US 20180375070 A1 as applied to Claim 1 above, and further in view of Li et al., US 20190221877 A1 (previously cited).
Regarding Claim 10, Wakimoto discloses all limitations as set forth above. Wakimoto does not disclose the support (261) presses the first current collection part (209) toward the first terminal (211).
However, this limitation is taught by Li et al.
Li teaches a terminal area for a secondary battery, comprising a support (supporting piece 800) below a current collection part (extending portion 723 of tab 720) and a terminal (connecting piece 500/electrode terminal 300 [0080, 0093, 0107-0111], Figs. 12-16). Li teaches the supporting piece 800 supports the shape of the current collection part, and when under compression, the supporting piece 800 prevents the current collection part from contacting the electrode assembly ([0093-0112]). Li also teaches by having separate support pieces for each electrode terminal, any impact or force experienced by one supporting piece will not affect the other supporting piece/terminal ([0106]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to extend the support portion of Wakimoto (resin cover 261) to press the first current collection part toward the first terminal, with a separate support portion for each terminal, as Li teaches this configuration individually supports each terminal and prevents the current collector from contacting the electrode assembly.
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Li – Fig. 14
Regarding Claim 15, Wakimoto discloses all limitations as set forth above. Wakimoto does not disclose the limitations of Claim 15. However, these limitations are also taught by Li, wherein the support
(Li, supporting piece 880 [0093-0012], Figs. 12-16) comprises:
an upper surface portion (supporting portion 870) contacting the central part of the first current collector plate (extending portion 723 of tab 720 [0107-0112], Fig. 14 and Annotated Fig. 15);
a lower surface portion opposite the upper surface portion, contacting the electrode assembly (inclination section 882, contact with electrode assembly in Figs. 13-14), and defining a space portion in which respective cut ends are spaced apart from each other ([0108], Annotated Fig. 15); and
a side portion connecting the upper surface portion and the lower surface portion (middle section 881, Annotated Fig. 15).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to extend the support portion of Wakimoto (resin cover 261) to comprise an upper surface portion, a lower surface portion, a space portion, and a side portion, as Li teaches this configuration individually supports each terminal and prevents the current collector from contacting the electrode assembly.
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Li – Annotated Fig. 15
Regarding Claim 17, modified Wakimoto discloses all limitations as set forth above. Modified Wakimoto discloses the support comprises a C-shape (Li, “the supporting piece 800 is substantially formed as a C-shaped structure” [0108], see Li Figs. 12-15).
Regarding Claim 18, modified Wakimoto discloses all limitations as set forth above. Modified Wakimoto discloses an open hole is defined in the support from the upper surface portion (Li, 870) to the lower surface portion (882, see Annotated Fig. 14):
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Li – Annotated Fig. 14
Claims 13, 14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Wakimoto et al., US 20180375070 A1 as applied to the claims above, and further in view of Yang, US 20200411807 A1 (previously cited).
Regarding Claim 13, Wakimoto discloses all limitations as set forth above. Wakimoto does not disclose the adhesive is inside the support. However, this limitation is taught by Yang.
Yang teaches a terminal area for a secondary battery (10), comprising a support (insulating protection component 15) below a first current collection part (top plate 141 of current collector 14) and a first terminal (electrode terminal 132, [0056-0069], Figs. 1-8). Yang teaches if the support is made from an adhesive material, debris/particles can adhere to the support, and thereby avoid contacting or piercing the electrode assembly ([0016, 0062-0068]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to have the insulative support material of Wakimoto (resin cover 261) comprise the adhesive (i.e., have the adhesive “inside the support”), as Yang teaches an adhesive insulative support can prevent debris/particles from contacting or piercing the electrode assembly.
Regarding Claim 14, Wakimoto discloses all limitations as set forth above. Wakimoto discloses the support is plate-shaped (see shape of resin cover 261 in Fig. 22), but does not disclose the support is also a spring. However, this limitation is also taught by Yang.
Yang teaches the support is insulative (insulating protection component 15), but if the insulative material is a material such as rubber or silica gel, the support can additionally function as a resilient structure ([0061-0069]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to have the insulative support of Wakimoto (resin cover 261) be made of rubber or silica gel, as Yang teaches a support made of these materials are insulative, and can further function as a resilient structure.
Regarding Claim 16, modified Wakimoto discloses all limitations as set forth above. Modified Wakimoto does not disclose “the space portion has an adhesive passing therethrough.” However, this limitation is also taught by Yang.
Yang teaches a space portion (recess 143) formed between an electrode assembly and a battery terminal can be injected with a resilient adhesive component (15 [0063-0066], Fig. 4). Yang teaches by filling the space portion with the adhesive component, debris/particles will adhere to the adhesive component instead of forming in the space portion, which helps improve safety in the battery ([0016, 0062-0069]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to fill the space portion of modified Wakimoto with the resilient adhesive component of Yang, as Yang teaches the resilient adhesive component will block debris or particles from accumulating in the space portion.
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 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-19 of copending Application No. 18/485,648 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because: All limitations of the claimed invention (Claims 1-20) are anticipated by and recited within Claims 1-19 of the copending application.
For example, Claim 1 of the instant application recites:
A secondary battery comprising: an electrode assembly having a first electrode tab and a second electrode tab; a first current collection part electrically coupled to the first electrode tab, and comprising an edge part welded to the first electrode tab, and a central part; a case accommodating the electrode assembly and the first current collection part; a first cap plate sealing a side opening of the case; a first terminal coupled to the first current collection part, and exposed to an exterior of the first cap plate; and a support between the central part of the first current collection part and the electrode assembly, wherein the central part protrudes further toward the first cap plate than the edge part.
Claim 1 of the copending application, although not identical to the instant application, recites two additional limitations, see underlined portions below:
(Original) A secondary battery comprising: an electrode assembly having a first electrode tab and a second electrode tab exposed on respective sides; a first current collection part electrically coupled to the first electrode tab, and comprising an edge part welded to the first electrode tab, and a central part; a case accommodating the electrode assembly and the first current collection part; a first cap plate sealing a side opening of the case; a first terminal mechanically and electrically coupled to the first current collection part, and exposed to an exterior of the first cap plate; and a support between the central part of the first current collection part and the electrode assembly, wherein the central part protrudes further toward the first cap plate than the edge part.
Examiner notes the “mechanically and electrically coupled” limitation, although not present in instant Claim 1, is recited in instant Claim 20:
The secondary battery as claimed in claim 1, wherein the first terminal is mechanically and electrically coupled to the first current collection part.
Applicant’s amendments received 7/21/2026 added the following limitations to instant Claim 1: “wherein the central part has a central region protruding outwardly, and wherein the edge part extends from the central part to both sides, and is welded to the first electrode tab of the electrode assembly.” A similarly-worded version of these limitations are present in Claim 4 of the copending application 18/485,648. Applicant’s amendments to instant Claim 1 do not adequately distinguish the instant invention from the copending application.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETHANY C GARCIA whose telephone number is (571)272-2475. The examiner can normally be reached Mon-Fri, 0800 - 1730 MT.
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, Allison Bourke can be reached at 303-297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BETHANY C GARCIA/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
