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UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/749,561
`
`02/01/2018
`
`Hitoshi Maeda
`
`P180060US00
`
`9816
`
`WES TERMAN, HATTORI, DANIELS & ADRIAN, LLP
`8500 LEESBURG PIKE
`S UITE 7500
`
`TYSONS, VA 22182
`
`C0NLEY~ 01 K
`
`1725
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/06/2020
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above—indicated "Notification Date" to the
`
`following e—mail address(es):
`
`patentmai1@ whda.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`017/09 A0170” Summary
`
`Application No.
`15/749,561
`Examiner
`HELEN OI KCONLEY
`
`Applicant(s)
`Maeda et al.
`Art Unit
`1725
`
`AIA (FITF) Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1). Responsive to communication(s) filed on 1/24/2020.
`CI A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a)[:] This action is FINAL.
`
`2b)
`
`This action is non-final.
`
`3)[:] An election was made by the applicant in response to a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`
`4):] Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s)
`
`1—2 and 5—10 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`
`
`[:1 Claim(ss)
`
`is/are allowed.
`
`Claim(ss) 1 —2 and 5— 10 is/are rejected.
`
`D Claim(ss_) is/are objected to.
`
`) ) ) )
`
`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`
`10)|:l The specification is objected to by the Examiner.
`
`is/are: a)[] accepted or b)l:] objected to by the Examiner.
`11)[:] The drawing(s) filed on
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`
`12)D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:] Some**
`
`c)l:i None of the:
`
`1C] Certified copies of the priority documents have been received.
`
`2C] Certified copies of the priority documents have been received in Application No.
`
`3D Copies of the certified copies of the priority documents have been received in this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`
`** See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1) [3 Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20200302
`
`

`

`Application/Control Number: 15/749,561
`Art Unit: 1725
`
`Page 2
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`2.
`
`Applicant’s amendments have been received on 1/24/2020. Claims 1 and 7 are
`
`amended. Claim 8-10 are new.
`
`3.
`
`The text of those sections of Title 35, U.S.C. code not included in this action can
`
`be found in the prior Office Action.
`
`Continued Examination Under 37 CFR 1. 1 14
`
`4.
`
`A request for continued examination under 37 CFR 1.114, including the fee set
`
`forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this
`
`application is eligible for continued examination under 37 CFR 1.114, and the fee set
`
`forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action
`
`has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on
`
`2/3/2020 has been entered.
`
`Information Disclosure Statement
`
`5.
`
`The Information Disclosure Statement submitted on 2/3/2020 have been
`
`considered.
`
`Claim Rejections - 35 USC § 102
`
`4.
`
`The rejection under 35 U.S.C. 102(a)(1) as being anticipated by Cho et al., on
`
`claim 1 and 2 have been withdrawn because the Applicants amended the claims.
`
`

`

`Application/Control Number: 15/749,561
`Art Unit: 1725
`
`Page 3
`
`5.
`
`The rejection under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US
`
`Publication 2013/0143109) on claims 1-3, 5, 6 have been withdrawn because the
`
`Applicants amended the claims.
`
`6.
`
`The rejection under 35 U.S.C. 102(a)(1) as being anticipated by Byun et al. (US
`
`Publication 2011/0171516), on claims 1-3, 7 have been withdrawn because the
`
`Applicants amended the claims.
`
`6.
`
`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.
`
`7.
`
`Claim(s) 8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim
`
`et al. (US Publication 2013/0143109).
`
`Regarding claim 8, the line el al. reference discloses a battery comprising a
`
`stacked electrcde hedy including a plurality el single plate cells and having a positive
`
`eiectrede lead—Stacked pert and a negative electrode leadetecked pert, the single plate
`
`cells each being termed by stacking a positive electrode and a negative electrode with e
`
`eeperator interposed thereltietween (electrode aeeen’ihlv), the positive electrode leeclw
`
`etacked part being lorrned by stacking poeitive eiectrcde ieade cl the positive electredee
`
`on top oi each other in stacking order ol the single plate cells, the negative electrode
`
`ieadetacked part being formed by stacking negative electrode leads of the negative
`
`electrodes on tep of each ether in stacking elder ol the sihgle plate cells (Fig. Y), a
`
`positive electrode terntinel to which the poeitive electrcde leedetecked pert ie
`
`

`

`Application/Control Number: 15/749,561
`Art Unit: 1725
`
`Page 4
`
`connected; and a negative eieetrode tenninai it) which the negative eieetrede teed-
`
`stacked part is connected (140 end 15%}, wherein, among the positive eieettede ieeds
`
`that constitute the positive eieetrede iead~ stacked part, a first encimsioe positive
`
`eieetrotte teed ieeatett at a tirst end in e singie piate ee¥i~ stacking directien et the
`
`stacked eieetrede hody {either the right or ieit side of Fig. 5} ie directiy connected to the
`
`eesitive eieetrede terntinei, vvhereih, emeng the negative eieettede Heads that constitute
`
`the negative etectrode ieed~ stacked part, a second endeide negative eiectrede teed
`
`ieeeted at a second end in the sihgie eiete ceii—steeking directieh is directiy connected te
`
`the negative eieetrede terrninei (the other of the right er iett side et Fig. 5).
`
`in additien,
`
`Figure it}, it and Fig. 12 diseioses that the stacking order et the eesitive eieotrode
`
`teedueeeked part with respect to the positive eieetrede terminei is epeosite te that of the
`
`negative eteetrede teed stacked eert with reseeet to the negative eieetrode terminai (en
`
`eaeh eide oi the teed—peeked pert). The stack eieetrede hedy ineiiidee e first hioeh and a
`
`second hieeit that are adjacent te each other in the singie paiate ceii stacking directieh.
`
`The totei ntimher et the number of the eenneetien interfaces between each hesttive
`
`eieetrede iead end the pesitive eieetrode terminai and the number {n} of eenneetien
`
`ii’itenaees between the negative eieetrede teed and the negative eieetrede terntinei ie
`
`the same tor eeeh singie piste oeii inoititieti in each hioeh. The positive eieettede
`
`terminat and the negative eieetreoe tei‘ntinai are eeeh disposed at a substantiatiy egoei
`
`distahee hen“: eeeh hieek and each have two Head eenneetien surfaces suhstantiaity
`
`perpendieoiar to the sihgie piete eeii—staeking direction, and fer eaeh hieek the positive
`
`eieetrede ieads er the negative eiecti'otie teed are eenneeted to e nearer one of the teed
`
`

`

`Application/Control Number: 15/749,561
`Art Unit: 1725
`
`Page 5
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`cenneetien eurteeee and the ether negative er peeitive eieetrede ieede ere reconnected
`
`te e terther ene of the teed eenneetien surfaces (Fig),
`
`8.
`
`Cieintte) 8—10, ie/ere reteeted under 35 H.536, tttEtejit’i) as being anticipated by
`
`Eytih et at. (US Pnhiieetien EGti/Gt?1518}.
`
`Regarding eieirn 8, the Byun et at reference dieeieeee e battery eernerieing e
`
`eteeked eieetrede hedy inetndihg e pinteiity et eingie ptete eeiie and having a peeitive
`
`eieetreee ieecteteeked part and e negative eteetrede ieetteeteeited part, the eingie eiete
`
`eeiie each being termed by stacking at positive etecttede and a negative etecttede with
`
`a separates“ inteipeeed therebetween {eieetrede eeeemhiy), the peeitive eieetrede teed~
`
`stacked pert being termed by eteeking peeitive eteetrede tends; (it the peeitive
`
`eieetredee eh tee et each other in stacking enter et the eingie niete ceiie, the negative
`
`eieetrede ieedetecked part being termed by stacking negative eieettede ieede at the
`
`negative eteetredee en tee et each other in stacking eidei dt the eingie piete eeiie, a
`
`peeitive eteetrede terrninei te which the neeitive eieetrede teed—stacked part is
`
`eehneeted; and 3 negative eieetrede terminat te which the negative eteettede teed~
`
`stacked pert ie connected wherein, among the peeitive etecttede tends thet eenetitute
`
`the peeitive eteetrede teed— eteeked part, a first endweide peeitive eieetrede teed ieeeted
`
`at a first end in e eingte piete eeit~ eteeking diteetien at the stacked eieetrede body
`
`{either the tight er iett eitie et Fig. 2) is diteetiy eenneeted te the peeitive eieettede
`
`terminet, wherein among the negative eieettede ieade that eehetittite the negative
`
`eieetrede iead— stacked pert, e eeeend end—eide negative eieetrede teed ieeeted at e
`
`eeeend end in the eihgie niete ceii-eteeking directieh ie directiy eenheeted te the
`
`

`

`Application/Control Number: 15/749,561
`Art Unit: 1725
`
`Page 6
`
`negative eieetrede tenninai {Fig.2}.
`
`in addition, the Ryan et at. reference diseieeee a
`
`stacking erder at the peeitive eteetrede teadeaehed part with respect the the peeitive
`
`eieetrede terminat ie eeeesite sides at the battery to that of the negative eieetrede teed"
`
`etached part with reeeeet te the negative eieetrede terntihaiten each eide at the Head‘
`
`pact-{ed part). The staek eieetreee hedy inetudee a tiret hieeh and a eeeene hieek that
`
`are adjacent te each ether in the eingie paiate eeii stacking direction, ~the tetai number
`
`at the number of the eenneetien interfaces between each easitive eieetrede teed and
`
`the pesitive eiectrede terrniriat and the number (n) of cennectien intertaeee between the
`
`negative eieetrede teed and the negative eieetrede rnateriai ie the earne ier eaeh eingie
`
`piate eeii ineiuded in each hteeht The hesitive eieetrede terminai and the negative
`
`eieetrede terminat are each diseesed at a substantiaity eanai distance trern each hieeh
`
`and each have two teed eenneeticn snrteeee euhetantieiiy eereeneietiiar te the eingie
`
`eiate eeii—etaekihg directien, and tar each hieek the eeeitive eieetrede ieade er the
`
`negative eieetrede teed are connected the a nearer one at the tead eenneetien etirtaees
`
`and the ether negative er neeitive eieetrede ieade are reeenneeted the a tarther one of
`
`the ieae‘ eehneetien eitriace (Pieaee see figures).
`
`Regarding eiaini 9., the Byers et at, reterence dieeieees The battery aeeerding te
`
`eiairn 8, wherein the negative or peeitive eieetrede ieacis eenneeted te the terther teed
`
`cenneetien euriaee are bent
`
`Regarding chains 10, the Bynn et at" reference dieeieeee wherein at ieast ene et
`
`the eesitive eieetrede tenninai and the negative eieetreee terrninai ineiudee a haee
`
`part anhetantiaiiy pereendieuiar the the eingie piate ceii—etaehing directien a first teed
`
`

`

`Application/Control Number: 15/749,561
`Art Unit: 1725
`
`Page 7
`
`connection part that is formed substantiaity perpehdiooiar to the base part ahd to whioh
`
`the feeds of the first biook are connected; and a second teed connection part that is
`
`formed substantiaiiy perpendiouiar to the base part and to which the ieads of the second
`
`biock are connected, and the teed connection parts extend in opposite directions (56?:
`
`and 4%).
`
`Claim Rejections - 35 USC § 103
`
`9.
`
`The rejection under 35 U.S.C. 103 as being unpatentable over Kim et al. (US
`
`Publication 2013/0143109) or Byun in view of Aoshima et al. (US Publication
`
`2003/0031923) are maintained. The rejection is further modified for Applicant’s
`
`convenience.
`
`10.
`
`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 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.
`
`11.
`
`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.
`
`

`

`Application/Control Number: 15/749,561
`Art Unit: 1725
`
`Page 8
`
`12.
`
`Claim 1, 2, 5, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Kim et al. (US Publication 2013/0143109) in view of Aoshima et al. (US Publication
`
`2003/0031923).
`
`Regarding claim 1, the Kim et al. reference discloses a battery comprising a stacked
`
`electrode body including a plurality of single plate cells and having a positive electrode
`
`lead-stacked part and a negative electrode lead-stacked part, the single plate cells
`
`each being formed by stacking a positive electrode and a negative electrode with a
`
`separator interposed therebetween (electrode assembly), the positive electrode lead-
`
`stacked part being formed by stacking positive electrode leads of the positive
`
`electrodes on top of each other in stacking order of the single plate cells, the negative
`
`electrode lead-stacked part being formed by stacking negative electrode leads of the
`
`negative electrodes on top of each other in stacking order of the single plate cells (Fig.
`
`7), a positive electrode terminal to which the positive electrode lead-stacked part is
`
`connected; and a negative electrode terminal to which the negative electrode lead-
`
`stacked part is connected (140 and 150), wherein, among the positive electrode leads
`
`that constitute the positive electrode lead- stacked part, a first end-side positive
`
`electrode lead located at a first end in a single plate cell- stacking direction of the
`
`stacked electrode body (either the right or left side of Fig. 5) is directly connected to the
`
`positive electrode terminal, wherein, among the negative electrode leads that constitute
`
`the negative electrode lead- stacked part, a second end-side negative electrode lead
`
`located at a second end in the single plate cell-stacking direction is directly connected
`
`to the negative electrode terminal (the other of the right or left side of Fig. 5).
`
`In
`
`addition, Figure 10, 11 and Fig. 12 discloses that the stacking order of the positive
`
`

`

`Application/Control Number: 15/749,561
`Art Unit: 1725
`
`Page 9
`
`electrode lead-packed part with respect to the positive electrode terminal is opposite to
`
`that of the negative electrode lead stacked part with respect to the negative electrode
`
`terminal (on each side of the lead-packed part). The Kim reference disclose the
`
`stacked electrode body includes first block and a second block that are adjacent to
`
`each other in the single plate cell stacking direction. The total number (m+n) of the
`
`number (m) of the connection interfaces between each positive electrode lead and the
`
`positive electrode terminal and the number (n) of connection interfaces between each
`
`negative electrode lad and the negative electrode terminal is the same for each single
`
`plate cell included in each block and wherein the number of the single plate cells. In
`
`addition, the Kim et al. reference is silent in disclosing the number of the single plate
`
`cells in each block to be 20 or more and the positive electrode lead and the negative
`
`electrode leads each have a thickness of 20 microns or less. However, the Aoshima et
`
`al. reference discloses that convention thickness of the leads are about 3-20 microns
`
`The Aoshima et al. reference diocese From the viewpoint of the volume energy density
`
`and the weight energy density, the thinner the thickness of the positive electrode
`
`current collector, the better. Therefore, it would have been obvious to one of ordinary
`
`skill in the art to make the electrode leads to have a conventional thickness of 3-20
`
`microns disclosed by the Aoshima et al. reference for the lead thicknesses of the Kim
`
`eta l. reference to improve volume energy density and the weight energy density.
`
`Furthermore, the Kim et al. is silent in disclosing the plate cells in each block is
`
`20 or more, however, it would be obvious to one of ordinary skill in the art before the
`
`effective filing date of the invention to incorporate more cells including 20 or more since
`
`the increase in cells would increase power density. A patent for a combination, which
`
`

`

`Application/Control Number: 15/749,561
`Art Unit: 1725
`
`Page 10
`
`only unites old elements with no change in their respective functions, obviously
`
`withdraws what is already known into the field of its monopoly and diminishes the
`
`resources available to skillful men. Where the combination of old elements performed a
`
`useful function, but it added nothing to the nature and quality of the subject matter
`
`already patented, the patent failed under §103. When a patent simply arranges old
`
`elements with each performing the same function it had been known to perform and
`
`yields no more than one would expect from such an arrangement, the combination is
`
`obvious. KSR v. Teleflex
`
`Regarding claims 2, the Kim et al. reference discloses the total number (m+n) of
`
`the number (m) of connection interfaces between each positive electrode lead and
`
`the positive electrode terminal and the number (n) of connection interfaces between
`
`each negative electrode lead and the negative electrode terminal is the same for each
`
`single plate cell included in the stacked electrode body (Fig. 9-10a-c, also applicable to
`
`the other of the electrodes).
`
`Regarding claim 5, the Kim al. reference discloses the positive electrode
`
`terminal and the negative electrode terminal are each disposed at a substantially
`
`equal distance from each block and each have two lead connection surfaces
`
`substantially perpendicular to the single plate cell-stacking direction, and for each block,
`
`the positive electrode leads or the negative electrode leads closest to the terminal are
`
`connected to a nearer one of the lead connection surfaces, and the other negative or
`
`positive electrode leads farthest away from the lead surfaces are connected to a farther
`
`one of the lead connection surfaces.
`
`

`

`Application/Control Number: 15/749,561
`Art Unit: 1725
`
`Page 11
`
`Regarding claim 6, the Kim al. reference discloses the positive or negative
`
`electrode lads connected to the further lead connection surface are bent (Fig. 12).
`
`13.
`
`Claim 1, 2, 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Byun et al. in view of Aoshima et al. (US Publication 2003/0031923).
`
`Regarding claim 1, the Byun et al. reference discloses a battery comprising a
`
`stacked electrode body including a plurality of single plate cells and having a
`
`positive electrode lead-stacked part and a negative electrode lead-stacked part, the
`
`single plate cells each being formed by stacking a positive electrode and a negative
`
`electrode with a separator interposed therebetween (electrode assembly), the positive
`
`electrode lead-stacked part being formed by stacking positive electrode leads of the
`
`positive electrodes on top of each other In stacking order of the single plate cells, the
`
`negative electrode lead-stacked part being termed by stacking negative electrode leads
`
`of the negative electrodes on top of each other in stacking order of the single plate cells,
`
`a positive electrode terminal to which the positive electrode lead-stacked part
`
`is connected; and a negative electrode terminal to which the negative electrode lead-
`
`stacked part is connected, wherein, among the positive electrode leads that
`
`constitute the positive electrode lead- stacked part, a first end-side positive electrode
`
`lead located at a first end in a single plate cell- stacking direction of the stacked
`
`electrode body (either the right or left side of Fig. 2) is directly connected to the positive
`
`electrode terminal, wherein, among the negative electrode leads that constitute the
`
`negative electrode lead- stacked part, a second end-side negative electrode lead
`
`located at a second end in the single plate cell-stacking direction is directly connected to
`
`

`

`Application/Control Number: 15/749,561
`Art Unit: 1725
`
`Page 12
`
`the negative electrode terminal (Fig.2). In addition, the Byun et al. reference discloses
`
`a stacking order of the positive electrode lead-packed part with respect to the
`
`positive electrode terminal is opposite sides of the battery to that of the negative
`
`electrode lead-stacked part with respect to the negative electrode terminal. The Byun et
`
`al. is silent in disclosing the number of the single plate cells in each block to be 20 or
`
`more and the positive electrode lead and the negative electrode leads each have a
`
`thickness of 20 microns or less. However, the Aoshima et al. reference discloses that
`
`convention thickness of the leads are about 3-20 microns The Aoshima et al. reference
`
`diocese From the viewpoint of the volume energy density and the weight energy
`
`density, the thinner the thickness of the positive electrode current collector, the better.
`
`Therefore, it would have been obvious to one of ordinary skill in the art to make the
`
`electrode leads to have a conventional thickness of 3-20 microns disclosed by the
`
`Aoshima et al. reference for the lead thicknesses of the Byun et al. reference to improve
`
`volume energy density and the weight energy density.
`
`Furthermore, the Byun et al. is silent in disclosing the plate cells in each block is
`
`20 or more, however, it would be obvious to one of ordinary skill in the art before the
`
`effective filing date of the invention to incorporate more cells including 20 or more since
`
`the increase in cells would increase power density. A patent for a combination, which
`
`only unites old elements with no change in their respective functions, obviously
`
`withdraws what is already known into the field of its monopoly and diminishes the
`
`resources available to skillful men. Where the combination of old elements performed a
`
`useful function, but it added nothing to the nature and quality of the subject matter
`
`already patented, the patent failed under §103. When a patent simply arranges old
`
`

`

`Application/Control Number: 15/749,561
`Art Unit: 1725
`
`Page 13
`
`elements with each performing the same function it had been known to perform and
`
`yields no more than one would expect from such an arrangement, the combination is
`
`obvious. KSR v. Teleflex
`
`Regarding claims 2, the Byun et al. reference discloses the total number (m+ n)
`
`of the number (m) of connection interfaces between each positive electrode lead and
`
`the positive electrode terminal and the number (n) of connection interfaces between
`
`each negative electrode lead and the negative electrode terminal is the same for each
`
`single plate cell included In the stacked electrode body (Fig. 2 and Fig. 4).
`
`Regarding claim 7, the Byun et al. reference discloses wherein at least one of
`
`the positive electrode terminal and the negative electrode terminal includes a base part
`
`substantially perpendicular to the single plate cell-stacking direction a first
`
`lead connection part that is formed substantially perpendicular to the base part and to
`
`which the leads of the first block are connected; and a second lead connection part that
`
`is formed substantially perpendicular to the base part and to which the leads of the
`
`second block are connected, and the lead connection parts extend in opposite
`
`directions (50 and 40).
`
`Response to Arguments
`
`Applicant's arguments filed 7/11/19 have been fully considered but they are not
`
`persuasive. Applicant’s principal arguments are:
`
`The Applicants argues, “applicant note that Cho Fig. 2 (reproduced right
`
`discloses that the stacking order of the electrode plate leads with respect to the
`
`

`

`Application/Control Number: 15/749,561
`Art Unit: 1725
`
`Page 14
`
`electrode terminal on the positive electrode side is the same as that on the negative
`
`electrode side.”
`
`However, the Cho et al. reference discloses a stacking order of the lead plate in
`
`respect to the electrode terminal on the positive electrode said is opposite side of the
`
`battery as that of the negative electrode side. That is, the positive lead plate with
`
`respect to the terminal is stacked on one side of the battery and the negative lead plate
`
`with respect to the negative terminal is stacked on the opposite side of the battery.
`
`Therefore, broadly interpreting the claims, the Cho et al. reference reads on the claimed
`
`invention. Also, the in Paragraph 33 and the Applicants response, the arrows are
`
`pointed to the opposite side of the batteries and is also interpreted as such.
`
`The Applicants discloses, “Appiieant respectfully notes that as seeh in Figs. 5
`
`and 7 {reproduced right) of Kirn as weii as throughout the reterehee, there is no
`
`diseiosure as te that a stacking pricier oi the positive eteetrpde teeestaohed part with
`
`respect to the positive eieotroee terrnihai is eppesite to that of the negative eieotrede
`
`iead~staeked part with respect to the negative eieotroee terntihat,
`
`its i<irh dees not provide tor aii the aspects as new etairheci, appiieant respeettuiiy
`
`suhrhits that parent oiaiin t as now presented, as weii as its respective dependent
`
`oiairns are net anticipated by him.”
`
`However, the Kirn reference diseiese in Paragraph 7’2 that the eieotrode teed
`
`taps st 140 and 150 is sahdwiehee in between the eieetrode tabs i2t) and 130 as
`
`shown in Fig. 9. As can he seen in Fig. 9, the eieetroeie ieaei oi hit} is sandwiched
`
`between tQG and same care he said ter eieotrede ieae tat) can be sandwiched between
`
`i135 on top and oh the bottom, or "i530 on top is taught to be stacked in the opposite
`
`

`

`Application/Control Number: 15/749,561
`Art Unit: 1725
`
`Page 15
`
`enter at the 120 an the hettern (it teed Mt), thereiere Kirn et at. reierenee reads an the
`
`Ciairneti inventien.
`
`The Applicants argue, “Byen as weii as threugheut the reference, there is no diseiesure
`
`as te that a staeking eater pi the positive eieetrede ieattvetaeiteri part with respect te the
`
`pesitive eiectrecie terniinai is eppesite to that at the ‘ negative eieetrede teed—stacked
`
`part with respect to the negative eieetrede terminaii”
`
`Heweven the Byan et at. reference diseieees the rhuitieie weuncieci eeiis are
`
`stacked with pesitive eieetretie terrriinai with respect te the peeitive ieatt pertien are on
`
`the apposite side at the battery than that at the negative eieetrede terininai with respect
`
`to the negative ieaci pertieni
`
`Response to Arguments
`
`6.
`
`Applicant's arguments filed 1/24/2020 have been fully considered but they are
`
`not persuasive. The Applicant’s principal arguments are:
`
`The Applicant argues, ” in iight eat the abave, applicant respecttuiiy submits that there
`
`is rte manner wherehy a skiiieri artisan weiiiri rgerisirier incerperating the dirnensiens of
`
`Aoshima ciirecteci ta a iithiurn secenciary ceii cemprising a casing having a variabie shape
`
`irate either the piurai ceii battery having, the prong pertieh 0‘? Ryan or the battery rat Kim
`
`as cioing se wouid not resuit in a functionai battery. Rather, as noted by Kim when the
`
`dimensiens are beiew the ranges, as an eieri'rit‘. current iiewing thretigh the eierLtrette
`
`tab and the eiectracie ieari increases in magnitude, heat generatian increases, se that
`
`the semririary battery is more iii<eiy te enerate ahnerrnaiiy The si<iiieri artisan weairj
`
`simiiariy consider these dimensions unsatisfactory fer the battery of Ryan.”
`
`

`

`Application/Control Number: 15/749,561
`Art Unit: 1725
`
`Page 16
`
`Hewever, the tram the Aprtiicant’s specificatien, it doesn’t appear that the Applicants
`
`teaches the limitation of 20 or more with sufficient specificity, it would have been indeed
`
`obvious, absent a showing of criticality or unexpected results.
`
`The Applicant argue, “Further in regard ta Kim, apeiicant respectfuiiy submits that the
`
`reference does not previcie fer the reheat upen aspects that a stacking ertier of the positive
`
`eteetrede ieadetached part with reseect t0 the pesitive eiectrnrie terminai is apposite tn that at
`
`the negative eiectrede iead~stacked part with respect to the negative eiectrecie terminat, ”
`
`Hewever the Kim (tees disch‘me this specificaiiy, in Fig, 11 in which the iead eertiens are
`
`cennected in the upper and tower pertiens 0t140;thus, Kim reference teaches that at ieast
`
`one upper stacking (If the ieads and the nne of the tower stacking at the ieads (at the eppesite
`
`poiarity er eppesite sides meet the ciaimed iimitatten.
`
`Therefore, the rejections are mathtained and further ciarh‘ied in View ct the Apphcant’s
`
`amendments, This rejectiens stands for the newiy submitted eiaims 840.
`
`Conclusion
`
`14.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to HELEN OI K CONLEY whose telephone number is
`
`(571)272—5162. The examiner can normally be reached on 8:30 am - 5:00 pm.
`
`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.
`
`

`

`Application/Control Number: 15/749,561
`Art Unit: 1725
`
`Page 17
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Basia Ridley can be reached on 571-272—1453. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for

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