DETAILED CORRESPONDENCE
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
Amendment filed 08/20/2025 has been entered. Claim 1 has been amended. Claims 1-7 and 10-11 are now pending in this application.
Claim Rejections - 35 USC § 103
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-7 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Takeshi (US-20210119286-A1) in view of Tsuruta (US-20150147600-A1) (see enclosed translations for references).
Regarding claim 1,
Takeshi teaches a cylindrical [0009] lithium ion [0061] secondary battery (Fig. 1, 10; [0009]) comprising:
a cylindrical can (Fig. 1, 22; [0058]); an electrode assembly (Fig. 1, 18; [0060]) received (Fig. 1, 18 in 22; [0058]) in the cylindrical can 22 ;
a cap assembly (Fig. 2, 11; [0029]) for sealing [0028] the cylindrical can 22;
wherein the cap assembly 11 comprises a top plate (Fig. 2, 12; [0029]) having a flat surface (see Fig. 2, flat surface of 12) on which a notch is formed (Fig. 2, recessed portion 12b; [0033], wherein a notch may be described as a recessed portion),
a middle plate (Fig. 2 14; [0033]) coupled ([0023], “bonded”) to the top plate 14 and including a first through- hole (Fig. 2, hole in 14 wherein 12c penetrates) formed through the center thereof (Fig. 2, center of 14),
and a bottom plate (Fig. 2, 13; [0037]) electrically connected with the electrode assembly [0057], electrically insulated from the middle plate ([0055] wherein 14 is insulating such that 13 is insulated from 14), and connected ([0030], “welded”) top plate 12 through the first through-hole (Fig. 2, wherein 12 and 13 are welded at a center portion thereof within the first through hole of 14; [0030]) of the middle plate 14,
and a qasket (Fig. 1, 21; [0028]) insulating [0028] the top plate 14 and the can 22,
wherein the bottom plate includes one or more grooves (Fig. 2, 13a; [0035]) configured to be broken [0035] by an internal gas pressure [0035] of the cylindrical can 22 so as to disconnect ([0035], “broken”) the bottom plate 13 from the top plate 12 before the top plate 12 is ruptured (wherein 13a is closer to the electrode assembly and gas pressure such that it is deformed first);
Takeshi fails to teach wherein the top plate and the middle plate are welded to each other at one or more welding regions formed between the top plate and the middle plate, wherein the one or more welding regions are located between the notch and an outer peripheral edge of the middle plate to act as a hinge point upon fracture of the top plate instead of contact boundary regions of the qasket and the top plate.
Tsuruta teaches wherein the top plate (Fig. 14, 1406; [0051]) and the middle plate (Fig. 14, 1402; [0051]) are welded to each other [0051] at one or more welding regions (Fig. 14, contact portion between 1402 and 1406) formed between the top plate 1402 and the middle plate 1406, wherein the one or more welding regions (Fig. 14, contact portion between 1402 and 1406) are located between the notch (Fig. 14, notch on 1406) and an outer peripheral edge of the middle plate (Fig. outer peripheral portion of 1402) to act as a hinge point upon fracture (Fig. 14, wherein welded portion is static when notch breaks such that it acts as a hinge point upon fraction) of the top plate 1406 instead of contact boundary regions of the gasket (see Fig. 12 illustratively, gasket 1218; [0047]) and the top plate 1406. It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the invention of Tsuruta such that there is a welded portion between the notch and outer peripheral edge of the middle plate at the contact region between 12 and 14 (outer side of A1) as Tsuruta teaches this as an acceptable configuration in the art (Tsuruta; [0047]).
Regarding claim 2,
Takeshi in view of Tsuruta teaches the cylindrical [0009] lithium ion [0061] secondary battery (Fig. 1, 10; [0009]) of claim 1 (see rejection of claim 1 above), wherein the top plate 12 includes a flat top surface (Fig. 2, upper surface of 12) and a flat bottom surface (Fig. 2, lower surface of 12) opposite to the top surface (Fig. 2, upper and lower surfaces of 12 are opposite), and the notch (Fig. 2, recessed portion 12b; [0033]) is formed on the bottom surface (Fig. 2, lower surface of 12; [0033]).
Regarding claim 3,
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Takeshi in view of Tsuruta teaches the cylindrical [0009] lithium ion [0061] secondary battery (Fig. 1, 10; [0009]) of claim 1 (see elements of claim 1 above), wherein the top plate includes a flat upper region (annotated Fig. 2; flat portion of 12) positioned on the middle plate (Fig. 2, 14), a side region (annotated Fig. 2, “side region”) downwardly bent from the upper region (annotated Fig. 2, wherein the side region is downwardly bent) and positioned at a side portion of the middle plate (annotated Fig. 2, 122, wherein the side region is positioned adjacent to a side of 14), and a lower region (annotated Fig. 2, “lower region”) bent from the side region (annotated Fig. 2, wherein the lower region is bent 90 degrees from the side region) and positioned at a bottom portion of the middle plate (annotated Fig. 12, wherein the lower region is adjacent to a bottom portion of 14).
Regarding claim 4,
Takeshi in view of Tsuruta teaches the cylindrical [0009] lithium ion [0061] secondary battery (Fig. 1, 10; [0009]) of claim 1 (see rejection of claim 1 above), wherein the notch (Fig. 2, recessed portion 12b) is formed at an exterior side (Fig. 2, top surface of 14 exterior to the inner surface of the first through hole in 14) of a region corresponding to the first through-hole (Fig. 2, central hole in 14 corresponding to 12c) of the middle plate 14.
Regarding claim 5,
Takeshi in view of Tsuruta teaches the cylindrical [0009] lithium ion [0061] secondary battery (Fig. 1, 10; [0009]) of claim 1 (see rejection of claim 1 above), wherein the middle plate further includes a plurality of second through-holes (Fig. 2, 14b; [0034]) formed around (Fig. 2, wherein holes 14b surround the center; [0034]) the first through-hole (Fig. 2, central hole in 14).
Regarding claim 6,
Takeshi in view of Tsuruta teaches the cylindrical [0009] lithium ion [0061] secondary battery (Fig. 1, 10; [0009]) of claim 1 (see elements of claim 1 above), wherein, when the internal gas pressure of the cylindrical can [0031] is larger than a predetermined first pressure and smaller than a predetermined second pressure ([0031], “starting point of deformation” wherein a first deformation happens before [0055]) the top plate is upwardly convexly ([0031-0032], wherein inclined area A1 is upwardly convexed) deformed by the internal gas pressure ([0031-0032), and the top plate 12 is electrically disconnected from the bottom plate 13 (see [0043-0044], which describes how metal plate 13 comes off 12 in a controlled manner).
Regarding claim 7,
Takeshi in view of Tsuruta teaches the cylindrical [0009] lithium ion [0061] secondary battery (Fig. 1, 10; [0009]) of claim 6 (see rejection of claim 6 above), wherein, when the internal gas pressure [0055] of the cylindrical can 22 is larger than the predetermined second pressure ([0055], “predetermined value” second to internal pressure increasing [0055] which is the starting point of deformation [0031]). However, Takeshi in view of Tsuruta fails to teach the notch is broken, and an internal gas of the cylindrical can is then released to an outside of the cylindrical can. Tsuruta teaches wherein the notch ([0033-0034], “groove 110 to rupture”) is broken ([0033], “rupture”), and an internal gas of the cylindrical can [0034] is then released outside of the cylindrical can ([0033-0034], wherein a second pressure in [0034] allows gas to escape to the outside). Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the notch of Takeshi such that it breaks at a second predetermined pressure, as taught by Tsuruta, as Tsuruta teaches venting eliminates potentially harmful pressure buildup inside the can [0034].
Regarding claim 10,
Takeshi in view of Tsuruta teaches the cylindrical [0009] lithium ion [0061] secondary battery (Fig. 1, 10; [0009]) of claim 1 (see rejection of claim 1 above), wherein, the middle plate further includes a plurality of second through-holes (Fig. 2, 14b) around the first through-hole (Fig. 2, central hole in 14; [0055]), and the one or more welding regions (see rejection of claim 1 above, wherein the welding regions of Tsuruta are placed at the outer side of A1, which is between 14 b and the outer peripheral edge) are located between the plurality of second through holes 14 and the outer peripheral edge (Fig. 2, outer edge of 14).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Takeshi (KR US-20210119286-A1) in view of Tsuruta (US-20150147600-A1), and Kim (US-20090098445-A1) (see enclosed translations for references)
Regarding claim 11,
Takeshi in view of Tsuruta teaches cylindrical [0009] lithium ion [0061] secondary battery (Fig. 1, 10; [0009]) of claim 1 (see rejection of claim 1 above), but fails to teach further comprising an insulating plate between the bottom plate and the middle plate. Kim teaches an insulating plate (Fig. 5, 255; [0057]) between the bottom plate (Fig. 5, 265; [0057]) and the middle plate (Fig. 5, 240; [0057], relative to top plate 270). It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to insert the insulating plate of Kim between the bottom plate 13 and middle plate 14 of Takeshi to provide further insulation in addition to 14, and because Kim teaches the insulating plate thereof as an acceptable configuration in the art (Fig. 5, 255; [0057])
Response to Arguments
Applicant's arguments filed 08/20/2025 have been fully considered but they are not persuasive.
Applicant argues that Kim fails to teach a hinge point upon fracture between notch and outer peripheral edge instead of contact boundary regions of the gasket and top plate. However, Tsuruta is now relied upon for teaching these features (see rejection of claim 1 above).
Applicant argues that claims 2-7 and 10-11 should be allowable due to their dependency on an allowable claim 1, but this is not persuasive because the rejection on claim 1 is sustained.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL WYROUGH whose telephone number is (571)272-4806. The examiner can normally be reached on Monday-Friday 10am-5pm.
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/PAUL CHRISTIAN ST WYROUGH/Examiner, Art Unit 1728
/TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723