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 § 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 16 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.
Regarding claim 16, it is unclear what is meant by “the adhesive member is inside the collector”. The plain language of “inside the collector” would imply that there is some manner of space or hollow within the collector that the adhesive member is provided in, or perhaps that the collector is wound around the adhesive member, however from applicant’s specification and drawings this appears not to be the case, and even if it were, it is unclear how such an adhesive member could fulfill the function of fixing the separator, as required by claim 15. As a result, this limitation is currently unclear, and appropriate correction is required.
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.
Claim 1-18 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-20 of copending Application No. 18/485,221 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because 18/936,977 contains each and every limitation of the instant claims.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Claim 1-18 and 20 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-19 of copending Application No. 18/485,221 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because 18/485,221 contains each and every limitation of the instant claims.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Regarding claim 1, 18/485,221 discloses: a secondary battery comprising: an electrode assembly comprising a first electrode tab and a second electrode tab (claim 1),
the first and second electrode tab being exposed at opposite sides of the electrode assembly (claim 19), a collector electrically connected to the electrode assembly (claim 10); a case accommodating the electrode assembly and the collector (claim 1), a first cap plate sealing an opening of the case (claim 1); and
a first terminal electrically connected to the first collector and exposed to the outside of the first cap plate (claim 1), wherein the first collector comprises a protrusion protruding outwardly and coupled to the terminal (claim 1), and
wherein the terminal has a terminal through-hole in which the protrusion is accommodated (claim 1).
Regarding claim 2, 18/485,221 in claim 2 the same limitations.
Regarding claim 3, see claim 3 of 18/485,221.
Regarding claim 4, see claim 4 of 18/485,221.
Regarding claim 5, see claim 5 of 18/485,221.
Regarding claim 6, see claim 6 of 18/485,221.
Regarding claim 7, see claim 7 of 18/485,221.
Regarding claim 8, see claim 8 of 18/485,221.
Regarding claim 9, see claim 9 of 18/485,221.
Regarding claim 10, see claim 10 of 18/485,221.
Regarding claim 11, see claim 11 of 18/485,221.
Regarding claim 12, see claim 12 of 18/485,221.
Regarding claim 13, see claim 13 of 18/485,221.
Regarding claim 14, see claim 14 of 18/485,221.
Regarding claim 15, see claim 15 of 18/485,221.
Regarding claim 16, see claim 16 of 18/485,221.
Regarding claim 17, see claim 17 of 18/485,221.
Regarding claim 18, see claim 18 of 18/485,221.
Regarding claim 20, see claim 18 of 18/485,221.
Claim 19 provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1-19 of copending Application No. 18/485,221 (reference application) in view of Choi (WO 2021241939 A1, US 20220302533 A1 is used as an English equivalent). Although the claims at issue are not identical, they are not patentably distinct from each other because 18/485,221 in view of Choi contains or renders obvious each and every limitation of the instant claims.
Regarding claim 19, 18/485,221 discloses the secondary battery as claimed in claim 1, wherein;
the first electrode tab and the second electrode tab are extended at opposite sides of the electrode assembly, respectively (claim 1 of 18/485,221);
the cap plate comprises a first cap plate that seals one opening of the case with both sides open (claim 1);
the collector comprises a first collector interposed between the first cap plate and the first electrode tab (claim 1 discloses a portion of the collector being exposed to the outside of the cap plate, and claim 9 discloses the collector being welded to the first electrode tab, and therefore at least a portion of the collector must be interposed between the first cap plate and the first electrode tab) and electrically connected to the first electrode tab and the terminal (claim 1).
18/485,221 does not disclose in the claims a second cap plate that seals an other side opening of the case, a second terminal coupled to the second cap plate or a second collector interposed between the second cap plate and the second electrode tab and electrically connected to them. However, 18/485,221 does disclose a configuration wherein the first and second electrode tabs are extended at opposite sides of the electrode tab assembly, although the claims mention only the structure of the one side and not the other. However, to arrive at a secondary battery according to the instant claim 19, one would only have to repeat the same structure for the second electrode tab and terminal on the other side of the battery as the first, and such a configuration is known in the art.
For example, Choi discloses a configuration wherein the first electrode tab and the second electrode tab are extended at opposite sides of the electrode assembly, respectively (abstract discloses an anode tab formed at one end of the electrode assembly and a cathode tab formed at the other end, fig. 4A shows for example anode tab 11b. As seen in the figure, the tabs are exposed at two opposite sides of the electrode assembly);
the cap plate comprises a first cap plate that seals one opening of the case with both sides open, and a second cap plates that seals one opening of the case with both sides open ([0046] discloses cap assemblies coupled to respective opposite ends to seal the case);
the terminal comprises a first terminal coupled to the first cap plate and a second terminal coupled to the second cap plate [0009]; and
the collector comprises a first collector interposed between the first cap plate and the first electrode tab (see fig. 4A, which shows collector 530 interposed between the first electrode tab 11b and first cap plate 510) and electrically connected to the first electrode tab (see fig. 4A) and the first terminal (see fig. 4A, see connection between collector 530 collector 532a, which establishes electrically connection with the first terminal), and a second collector interposed between the second cap plate and the second electrode tab and electrically connected to second electrode tab and the second terminal (fig. 4A and fig. 5A depict the same general collector/tab/terminal connection arrangement, Fig. 5A concerns the cathode terminal 620 [0043], while fig. 4A concerns the anode terminal 520 [0042]).
As a result, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to, in the secondary battery of 18/485,221, include a second cap plate, terminal, and collector of the same configuration as the first, as disclosed by Choi. A person of ordinary skill in the art before the effective filing date of the claimed invention would be motivated to do this to obtain a configuration for the second electrode assembly of 18/485,221, which 18/485,221 does not disclose the full structure of, and to obtain a known secondary battery structure compatible with 18/485,221.
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.
Claim(s) 1, 4-6, 8-9, 13, 17, and 19 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Choi (WO 2021241939 A1, US 20220302533 A1 is used as an English equivalent).
Regarding claim 1, Choi discloses a secondary battery (title) comprising:
an electrode assembly (abstract) comprising a first electrode tab and a second electrode tab (abstract discloses an anode tab formed at one end of the electrode assembly and a cathode tab formed at the other end, fig. 4A shows for example anode tab 11b);
a collector electrically connected to the electrode assembly (fig. 4A shows collector 530 electrically connected to the electrode assembly through tab 11b, see [0052], [0042]);
a case accommodating the electrode assembly and the collector ([0039] discloses case 30, which can be seen in fig. 4A);
a cap plate sealing an opening of the case ([0049]-[0050] discloses cap plate 510 which seals the opening of the case); and
a terminal electrically connected to the collector and exposed to an outside of the cap plate (terminal plate 522 is visible in fig. 4A, as can be seen in the figure it is electrically connected to the collector and exposed to an outside of the cap plate),
wherein the collector comprises a protrusion protruding outwardly and coupled to the terminal and
wherein the terminal has a terminal through-hole in which the protrusion is accommodated ([0052] discloses a terminal pin 524 which corresponds to the claimed protrusion portion. [0053] discloses that the terminal pin electrically connects the terminal plate to the current collector, and as a result the terminal pin can reasonably be considered a part of the current collector. As can be seen in fig. 4A, the terminal plate 522 has a through-hole in which the protrusion/terminal pin is accommodated).
Regarding claim 4, Choi discloses the secondary battery as claimed in claim 1, wherein the terminal through-hole is defined in an area corresponding to a position of the protrusion (as can be seen in fig. 4A, the area of the through-holes is defined corresponding to a position of the protrusion, because the through-hole accommodates the protrusion).
Regarding claim 5, Choi discloses the secondary battery as claimed in claim 1, wherein the terminal through-hole has a shape corresponding to that of an upper end surface of the protrusion (as can be seen in fig. 4A, the shape of the through-hole corresponds to an upper end surface of the protrusion).
Regarding claim 6, Choi discloses the secondary battery as claimed in claim 1, wherein the terminal through-hole has a diameter equal to or greater than that of the protrusion (the protrusion fits within the though-hole, and therefore the diameter of the through-hole must necessarily be at least a little bit greater than the diameter of the protrusion).
Regarding claim 8, Choi discloses the secondary battery as claimed in claim 1, wherein the first terminal has a rectangular shape (see for example figs. 1-2 and 4B).
Regarding claim 9, Choi discloses the secondary battery as claimed in claim 1, wherein the collector comprises:
a first collector plate welded to the electrode assembly ([0057] discloses that the auxiliary current collecting plate 534 of the anode current collector 530 can be connected to the anode tab 11b of the electrode assembly by welding); and
a second collector plate contacting an outer surface of the first collector plate and contacting and coupled to an inner surface of the first terminal (collector plate 532a and protrusion 524 can be considered the claimed second collector plate, which contacts an outer surface of the first collector plate. Protrusion/terminal pin 524 also contacts and is coupled to an inner surface of the first terminal).
Regarding claim 13, Choi discloses the secondary battery as claimed in claim 1, wherein the protrusion portion protrudes outwardly from a central area of the second collector plate (see fig. 4A).
Regarding claim 17, Choi discloses the secondary battery as claimed in claim 1, further comprising an insulating member between the first terminal and the first cap plate ([0049] discloses a plurality of insulating members, including insulating member 526, which is provided between the first terminal and first cap plate).
Regarding claim 19, Choi discloses the secondary battery as claimed in claim 1, wherein:
the first electrode tab and the second electrode tab are extended at opposite sides of the electrode assembly, respectively (abstract discloses an anode tab formed at one end of the electrode assembly and a cathode tab formed at the other end, fig. 4A shows for example anode tab 11b. As seen in the figure, the tabs are exposed at two opposite sides of the electrode assembly);
the cap plate comprises a first cap plate that seals one opening of the case with both sides open, and a second cap plates that seals one opening of the case with both sides open ([0046] discloses cap assemblies coupled to respective opposite ends to seal the case);
the terminal comprises a first terminal coupled to the first cap plate and a second terminal coupled to the second cap plate [0009]; and
the collector comprises a first collector interposed between the first cap plate and the first electrode tab (see fig. 4A, which shows collector 530 interposed between the first electrode tab 11b and first cap plate 510) and electrically connected to the first electrode tab (see fig. 4A) and the first terminal (see fig. 4A, see connection between collector 530 collector 532a, which establishes electrically connection with the first terminal), and a second collector interposed between the second cap plate and the second electrode tab and electrically connected to second electrode tab and the second terminal (fig. 4A and fig. 5A depict the same general collector/tab/terminal connection arrangement, Fig. 5A concerns the cathode terminal 620 [0043], while fig. 4A concerns the anode terminal 520 [0042]).
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.
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi (WO 2021241939 A1, US 20220302533 A1 is used as an English equivalent), in view of Kim (US 20210175567 A1).
Regarding claim 2, Choi discloses the secondary battery as claimed in claim 1, wherein the upper end surface of the protrusion and the upper end surface of the terminal through-hole do form a planar surface (see fig. 4A), but does not disclose that an upper end surface of the protrusion and an upper end surface of the terminal through-hole are welded. However, battery cases wherein parts corresponding to the claimed protrusion and terminal through-holes are welded on their upper surface and form a planar surface are known in the art and would have been obvious to include in the battery of Choi.
For example, Kim discloses a first terminal plate 123 corresponding to the claimed first terminal, and a hole 123a corresponding to the claimed terminal through-hole, and a terminal pillar 122 that goes through the terminal through-hole corresponding to the claimed protrusion, see [0041] and fig. 2. Kim discloses that the terminal pillar is coupled to and welded to the hole. The welding regions 124 are shown in fig. 2 [0041], and correspond to the upper end surface of the terminal through-hole and protrusion/pillar, and as can be seen in the figure, result in a welding to form a planar surface. As a result, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to implement the welding of the upper end surface of the terminal through-hole and the protrusion of Kim in the battery of Choi. A person of ordinary skill in the art before the effective filing date of the claimed invention would have found this obvious because Kim and Choi both have the same structure of a protrusion being provided in a terminal through-hole to form a planar surface, and to obtain the benefits that come with welding, such as improved connection and stability between the parts (in this case the protrusion and the through-hole), and would be motivated to do so for at least the above benefits.
Regarding claim 3, modified Choi discloses the secondary battery as claimed in claim1, wherein a welding area between an upper end surface of the protrusion and an upper end surface of the terminal through-hole is exposed to the outside of the first terminal (see welding area 124 on fig. 2 of Kim).
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi (WO 2021241939 A1, US 20220302533 A1 is used as an English equivalent), in view of Aone (US 20210028434 A1).
Regarding claim 7, Choi discloses the secondary battery as claimed in claim 1, but does not disclose a circular shape for the terminal (Choi uses a rectangular shape). However, circular battery terminals are well known in the art, and selection of the shape of the battery terminal (including the selection of a circular terminal) would be a matter of routine selection for a person of ordinary skill in the art before the effective filing date of the claimed invention.
For example, Aone discloses a battery case provided with circular terminals 136 and 132 (see [0033] and fig. 3). A person of ordinary skill in the art before the effective filing date of the claimed invention would have found it obvious to select a circular shaped battery terminal for the battery of Choi over a rectangular one as a matter of routine selection from known terminal shapes, and for example to provide a shape which corresponds to the shape of the connection apparatus that the maker intends to join to the terminal.
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi (WO 2021241939 A1, US 20220302533 A1 is used as an English equivalent), in view of Wakimoto (US 20180375070 A1).
Regarding claim 14, Choi discloses the secondary battery as claimed in claim 1, and discloses that the electrode assembly includes a cathode plate, an anode plate, and a separator interposed between [0002] but is more concerned with the configuration of the case and cap assemblies than the configuration of the electrode assemblies, and only discloses that they “may be formed my stacking or winding an anode plate, a separator, and a cathode plate” [0041], but does not explicitly disclose a specific stacking arrangement such as a Z-stack. However, Z-stack configurations for electrode assemblies are well known in the art and would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention.
For example, Wakimoto discloses an electrode body discloses in a rectangular casing (abstract), and discloses an electrode structure wherein positive and negative electrode plates are stacked with separators between them [0071], wherein in an embodiment, a strip-shaped separator may be used which is folded in a zigzag pattern [0071], which is reasonably interpreted as a “Z-stack” arrangement wherein a positive and negative plates are inserted both sizes of a separator that is folded in the form of a Z-stack. As a result, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to utilize such a known arrangement in the battery of Choi. A person of ordinary skill in the art before the effective filing date of the claimed invention would have been motivated to make this selection to obtain an electrode assembly configuration for the battery of Choi, in addition as a routine selection of known electrode assemblies, resulting in a secondary battery as claimed in claim 14.
Regarding claim 15, Choi discloses the secondary battery as claimed in claim 14, wherein, in the electrode assembly, the separator is fixed by an adhesive member ([0071] of Wakimoto discloses an embodiment wherein the separator is bonded to the electrode plates via an adhesive layer, which reasonably corresponds to the claimed adhesive member, see also [0084]).
Claim(s) 18 and 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi (WO 2021241939 A1, US 20220302533 A1 is used as an English equivalent), in view of Wakimoto (US 20180375070 A1) and Kim (US 20140193696 A1).
Regarding claim 18, Choi discloses the secondary battery as claimed in claim 1, but dues not discloses a clad sheet between the collector and the terminal. However, use of clad sheets between collectors and terminals of different material types is known in the art and would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use. Choi is primarily concerned with other aspects of battery structure and does not disclose a list of materials for the collector and the terminals; however use of collectors and terminals of different materials types were known in the art before the effective filing date of the claimed invention and would have been obvious to use.
For example, Wakimoto discloses an electrode body disposed in a rectangular casing (abstract), wherein the negative current collector is preferably made of copper [0062] and the negative electrode terminal is preferably made out of aluminum ([0062], [0063]). [0063] discloses that it is particularly preferable for the terminal to contain at least two types of metals, including aluminum or an aluminum alloy, as well as a part which is made out of copper or copper alloy that is connected to the current collector made of copper or copper alloy. As a result of the disclosure of Wakimoto, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a copper current collector and an aluminum terminal for the negative electrode of Choi, and would be motivated to do this to obtain materials indicated as preferable by Wakimoto.
Further, after having done this, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a clad sheet between the first collector and the first terminal because use of clad materials between collectors and terminals of different materials is known in the art. Wakimoto itself, for instance, discloses that a portion of the terminal that connects with the collector is made of copper, however other arrangements are also know. Kim, for example, discloses that Clad metal is often used in a negative electrode to connect a current collector which is made of copper to a terminal made of aluminum [0007]. As a result, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to utilize a sheet of clad metal interposed between the first collector and the first terminal, satisfying the claimed limitations. It would be obvious to do this as a known method of aiding in the connection of a collector and a terminal of two different materials.
Regarding claim 20, Choi discloses the secondary battery as claimed in claim 19, but dues not discloses a clad sheet between the first collector and the first terminal. However, use of clad sheets between collectors and terminals of different material types is known in the art and would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use. Choi is primarily concerned with other aspects of battery structure and does not disclose a list of materials for the collector and the terminals; however use of collectors and terminals of different materials types were known in the art before the effective filing date of the claimed invention and would have been obvious to use.
For example, Wakimoto discloses an electrode body disposed in a rectangular casing (abstract), wherein the negative current collector is preferably made of copper [0062] and the negative electrode terminal is preferably made out of aluminum ([0062], [0063]). [0063] discloses that it is particularly preferable for the terminal to contain at least two types of metals, including aluminum or an aluminum alloy, as well as a part which is made out of copper or copper alloy that is connected to the current collector made of copper or copper alloy. As a result of the disclosure of Wakimoto, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to include a copper current collector and an aluminum terminal for the negative electrode of Choi, and would be motivated to do this to obtain materials indicated as preferable by Wakimoto.
Further, after having done this, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to use a clad sheet between the first collector and the first terminal because use of clad materials between collectors and terminals of different materials is known in the art. Wakimoto itself, for instance, discloses that a portion of the terminal that connects with the collector is made of copper, however other arrangements are also know. Kim, for example, discloses that Clad metal is often used in a negative electrode to connect a current collector which is made of copper to a terminal made of aluminum [0007]. As a result, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to utilize a sheet of clad metal interposed between the first collector and the first terminal, satisfying the claimed limitations. It would be obvious to do this as a known method of aiding in the connection of a collector and a terminal of two different materials.
Allowable Subject Matter
Claims 10-12 depend upon a rejected base claim, and are double patenting rejected in view of 18/936,977, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims and the double patenting rejection were overcome via terminal disclaimer.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 10 includes the limitations of claim 9, which the closest prior art of record, Choi, discloses (see above), however Choi does not disclose that the collector comprises:
A central portion protruding outwardly, an outer area thereof being welded to an inside of the second collector plate; and
A plurality of edge portions respectively extending from the central portion in opposite directions and welded to the first electrode tab of the electrode assembly. Instead, in the configuration of Choi, as can be seen in fig. 4A, there is a portion of the collector which could be considered the central portion, however this central portion is not welded or connected to an inside of the second collector plate, instead electrical connection between the second collector plate and the first collector plate occurs via a an edge portion, which instead of extending away from the central portion to the first electrode tab, extends from the central portion to the second collector plate, instead leaving only one edge portion to extend from the central portion to be welded to the first electrode tab. Additionally, it’s debatable that the central portion of Choi even fulfills the limitation of “protruding outwardly”, because of the edge portion which extends upward to make the connection to the second collector plate. An annotated fig. 4A has been provided below which shows the configuration of Choi.
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Collectors which are provided with a central portion protruding outwardly, an outer area being electrically connected to a terminal, an edge portion connected to an electrode tab, are known in the art and would have been obvious.
For example, Chen (US 10818886 B1) discloses an arrangement wherein a collector 14 is provided which protrudes outwardly, an outer area being electrically connected to a terminal 132, and a plurality of edge portions respectively extending from the central portion in opposite directions. This can be seen in fig. 4, which has been provided below.
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However, Chen does not disclose that the outer area is welded to an inside of the second collector plate (the collector of Chen connects directly to the terminal 132), nor does it disclose that a plurality of edge portions are welded to the first electrode tab (although the collector of Chen has a plurality of edge portions, and they extend from the central portions in opposite directions, only one is welded to the electrode tab. This can be seen in fig. 7). As a result, it would not be obvious to modify the electrode of Choi with the reference Chen in a way that provides the configuration described in claim 10. Further, no other prior art has been found which, either alone or in combination with any other found prior art, discloses renders obvious the limitations of claim 10. As a result, claim 10 is found to be allowable, provided it were rewritten in independent form.
Claims 11-12 depend from claim 10, and as a result similarly contain allowable matter.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZACKARY R COCHENOUR whose telephone number is (703)756-1480. The examiner can normally be reached 1-9:00PM ET.
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/ZACKARY RICHARD COCHENOUR/ Examiner, Art Unit 1752
/Maria Laios/ Primary Examiner, Art Unit 1727
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