`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/771,394
`
`06/10/2020
`
`Yuki Tokuda
`
`P200521US00
`
`5718
`
`WHDA, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`DOUYETTE, KENNETH J
`
`1725
`
`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`08/16/2022
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`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime 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):
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`patentmail @ whda.com
`
`PTOL-90A (Rev. 04/07)
`
`
`
`Application No.
`Applicant(s)
`16/771 ,394
`Tokuda etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`KENNETH J DOUYETTE
`1725
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom 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, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
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`1) Responsive to communication(s)filed on 6/29/2022.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) 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 Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`
`
`Disposition of Claims*
`1-13 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) 8-13 is/are withdrawn from consideration.
`[) Claim(s)__ is/are allowed.
`Claim(s)
`1and7 is/are rejected.
`S)
`Claim(s) 2-6 is/are objectedto.
`CO) Claim(s
`are subjectto restriction and/or election requirement
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`Application Papers
`10)C) The specification is objected to by the Examiner.
`11) The drawing(s) filed on 6/10/2020 is/are: a)(¥) accepted or b)() objected to by the Examiner.
`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) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`cc) None ofthe:
`b)LJ Some**
`a)Y) All
`1.24 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have beenreceived in Application No.
`3.4 Copies of the certified copies of the priority documents have been receivedin 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)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 9/3/2020.
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20220706
`
`
`
`Application/Control Number: 16/771 ,394
`Art Unit: 1725
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013,
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`is being examined
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`under the first inventor to file provisions of the AIA.
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`2.
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`Applicant’s election without traverse of Group | in the reply filed on 6/29/2022 is
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`Election/Restrictions
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`acknowledged.
`
`Claim Rejections - 35 USC § 102
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`3.
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`In the event the determination of the status of the application as subject to AIA 35
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`U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any
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`correction of the statutory basis for the rejection will not be considered a new ground of
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`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
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`the same under either status.
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`4.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
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`form the basis for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(a)(1) the claimed invention waspatented, described in a printed publication, orin public use,
`on sale, or otherwise available to the public before the effective filing date of the claimed
`invention.
`
`(a)(2) the claimed invention was described in a patentissued under section 151, orinan
`application for patent published or deemed published under section 122(b), in which the
`patentor application, as the case maybe, namesanother inventor and waseffectively filed
`before the effective filing date of the claimed invention.
`
`
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`Application/Control Number: 16/771 ,394
`Art Unit: 1725
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`Page 3
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`5.
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`Claims 1 and 7 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being
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`anticipated by Yeo (US 2006/0003221).
`
`Regarding claim 1, Yeo disclosesin Figs 1-3, a secondary battery ([0039])
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`comprising: an electrode group (ref 410): and an electrolyte ([0045]), wherein the
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`electrode group (ref 410) includes a positive electrode ([0041]), a negative electrode
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`([0041]), a separator (ref 300) interposed between the positive electrode ((0041]) and
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`the negative electrode ([0041]), and a positive electrode lead (ref 250) electrically
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`connected ([0026]) to the positive electrode ([0041]), the positive electrode ([0041]) and
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`the negative electrode ([0041]) are disposed so as to face each other (Figs 2-3) with the
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`separator (ref 300) therebetween, and are wound (Figs 2-3), the positive electrode
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`([0041]) includes a positive electrode current collector (ref 200) and a positive electrode
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`active material layer (ref 240) carried on each main surface ([0026]) of the positive
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`electrode current collector (ref 200), the positive electrode current collector (ref 100) has
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`a first exposed section that does not carry ([0032], Fig 1A2, ref 220_1) the positive
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`electrode active material layer (ref 240), the positive electrode lead (ref 250) is
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`connected to the first exposed section ([0032], Fig 1A2, ref 2201), the negative
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`electrode ([0041]) includes a negative electrode current collector (ref 100) and a
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`negative electrode active material layer (ref 140) carried on each main surface of
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`([0026]) the negative electrode current collector (ref 100) and hasafirst region (ref
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`120_1) and a second region (at ref 120_3, etc.), amass of the negative electrode active
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`material layer (ref 140) in the first region per unit area is smaller than ([0027], [0028],
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`Figs 1, no active material where tab is welded) a mass of the negative electrode active
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`
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`Application/Control Number: 16/771 ,394
`Art Unit: 1725
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`Page 4
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`material layer (ref 140) in the second region per unit area. and the first region (ref
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`120_1) faces (Figs 2-3) the positive electrode lead (ref 250).
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`Regarding claim 7, Yeo disclosesall of the claim limitations as set forth above and
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`also discloses the positive electrode lead (ref 250) is supported from both sides (when
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`assembled and woundtogether, Figs 2-3) by the negative electrode ([0041])
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`Allowable Subject Matter
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`6.
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`Claims 2-6 are objected to as being dependent upon a rejected base claim, but
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`would be allowable if rewritten in independent form including all of the limitations of the
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`base claim and anyintervening claims.
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`7.
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`The following is a statement of reasons for the indication of allowable subject
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`
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`matter: instant dependent claim 2 discloses a configuration of the battery whereinafirst
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`insulating member that covers the positive electrode lead, wherein a boundary between
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`the first region and the second region is positioned between an endof the positive
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`electrode lead and an end ofthe first insulating member.
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`Yeo discloses an insulating member (ref 260) disposed on/over the positive
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`electrode lead (ref 250). However, the placement of the insulating member, while
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`generally seeming to correspond to a same shape/configuration of the negative
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`electrode structure in general, does not have any positioning based on boundaries of
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`the first region and second region of the negative electrode active material layer.
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`
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`Application/Control Number: 16/771 ,394
`Art Unit: 1725
`
`Additional pertinent references include:
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`Page 5
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`Lee et al. (US 2011/0027636) discloses in Figs 1-10, a secondary battery (Abstract)
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`including a wound electrode structure with insulating tape attached at lead connections
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`([0017]). However, the insulating tapes while attached at the leads, do not correspond
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`to the structure of the instant claims.
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`Morimoto et al. (US 2006/0222937) discloses in Figs 1-6, a secondary battery (Abstract)
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`including a wound electrode assembly including insulating tape (ref 13) applied a tab
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`regions/end regions ([0028]-[0029]). However, this tape configuration does not disclose
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`nor render obvious the structural limitations of the instant claims above.
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`However, none of these references alleviate the deficiencies of the Yeo reference.
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`As such, these limitations would be found allowable if incorporated into instant
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`independent claim 1 as stated above.
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`Conclusion
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`8.
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`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to KENNETH J DOUYETTE whosetelephone numberis
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`(571)270-1212. The examiner can normally be reached Monday - Friday 8A - 4P EST.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
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`
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`Application/Control Number: 16/771 ,394
`Art Unit: 1725
`
`Page 6
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`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Awww.uspto.gov/interviewpractice.
`
`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
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`the organization where this application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be
`
`obtained from Patent Center. Unpublished application information in Patent Centeris
`
`available to registered users. To file and manage patent submissions in Patent Center,
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`visit: httos://patentcenter.uspto.gov. Visit https :/Awww.uspto.gov/patents/apply/patent-
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`https :/;www.uspto.gov/patents/docx for information aboutfiling in DOCX format. For
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`
`If you would like assistance from a USPTO CustomerService
`
`Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
`
`/KENNETH J DOUYETTE/
`Primary Examiner, Art Unit 1725
`
`