`
`Docket No: P18006OUSOO
`
`2.-10. (Cancelled).
`
`11. (New). The battery according to Claim 1, wherein the negative electrode terminal has
`
`a T-shape in sectional View.
`
`
`
`Application No: 15/749,561
`
`Docket No: P180060US00
`
`REMARKS
`
`By this amendment, claims 1 and 11 are pending in this application. Claim 1 is herein
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`amended. Support for the amendment is at least found in Fig. 11 of the drawings as filed as well
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`as in the related description within the specification. Further support is detailed below. Support
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`for new claim 11 is at least found in Fig. 11 and paragraph [0071] of the application as filed.
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`
`A licants’ Res onse to the Claim Re'ections under 35 U.S.C.
`112
`
`Claim 1 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. § 112 (pre—AIA), second
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`paragraph, as being indefinite for failing to particularly point out and distinctly claim
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`the subject matter which the inventor or a joint inventor, or for pre—AIA the applicant
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`regards as the invention.
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`Specifically,
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`the rejection asserts that “the first positive electrode” and “the second
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`negative electrode” lack proper antecedent basis.
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`In response thereto, applicant has amended
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`claim 1 accordingly.
`
`
`A licants’ Res onse to the Claim Re'ections under 35 U.S.C.
`103
`
`Claim 1 is rejected under 35 U.S.C. § 103 as being unpatentable over Kim et al. (US
`
`Publication 2013/0143109).
`
`In response thereto, applicants respectfully submit that claim 1 as now presented is not
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`obvious over Kim for at least the reason that the reference does not provide for all the aspects of
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`the claim, nor is there any rationale prompting a skilled artisan to modify the reference so as to
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`derive the current invention.
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`Specifically, Kim at least fails to provide for the aspects of claim 1 as to the positive
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`electrode lead-stacked part and the negative electrode lead-stacked part be folded and extend in
`
`
`
`Application No: 15/749,561
`
`Docket No: P18006OUSOO
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`directions opposite to each other along the stacking direction of the stacked electrode body, and
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`that each electrode lead-stacked part have a surface thereof joined to the corresponding electrode
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`terminal, with said surface of the electrode lead-stacked part being opposite a surface of the
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`electrode lead-stacked part which faces the single plate cells.
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`Per page 7 bridging page 8 of the Office Action, the rejection asserts in the “Response to
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`Arguments” section that applicant’s remarks as to the substantial modifications necessary for
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`Kim to obtain the structure of the current invention are moot because these aspects are not
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`recited in the previously pending claim 1.
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`Specifically, applicant noted in the prior remarks that to obtain the substantially same
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`structure required by amended claim 1, the device of Kim must undergo extensive modifications,
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`including: (1) folding over the distal end of a first positive electrode lead-stacked part, (2) joining
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`the folded end of the first positive electrode lead-stacked part with the positive electrode terminal,
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`(3) folding over the distal end of a first negative electrode lead-stacked part that extends from the
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`negative electrode plates forming single-plate cells together with the positive electrode plates
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`from which a second positive electrode lead-stacked part
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`(i.e., different from the first positive
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`electrode lead-stacked part) extends, and (4) joining the folded end of the first negative electrode
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`lead-stacked part with the negative electrode terminal. No such modifications are feasible to
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`Kim. Per M.P.E.P. §2143.01.VI when a modification would require a substantial reconstruction
`
`and redesign of the elements shown in the primary reference the modification cannot be
`
`considered obvious
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`Further, Kim does not provide any rationale prompting a skilled artisan to modify the
`
`device thereof so as to derive the currently claimed invention. Contrary, the current invention
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`may obtain the objective of reducing nonuniformity in current collection paths between the
`
`
`
`Application No: 15/749,561
`
`Docket No: P18006OUSOO
`
`single plate cells. A skilled artisan viewing Kim therefore would not have been motivated to
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`modify the reference to satisfy the particular configuration of the lead-staked parts as recited in
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`amended claim 1 to accomplish the above or any other objective.
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`In view of the aforementioned amendments and accompanying remarks, Applicants
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`submit that the claims, as herein amended, are in condition for allowance. Applicants request
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`such action at an early date.
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`If the Examiner believes that this application is not now in condition for allowance, the
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`Examiner is requested to contact the undersigned attorney at the telephone number indicated
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`below to arrange for an interview to expedite the disposition of this case.
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`If this paper is not timely filed, Applicants respectfully petition for an appropriate
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`extension of time. The fees for such an extension or any other fees that may be due with respect
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`to this paper may be charged to Deposit Account No. 50-2866.
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`Respectfully submitted,
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`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`
`/Michael J. Caridi/
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`Michael J. Caridi
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`Attorney for Applicants
`Registration No. 56,171
`Telephone: 703-827-3800
`Facsimile: 571-395-8753
`
`MJC/af
`
`
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