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 .
Continued Examination Under 37 CFR 1.114
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 02/05/2026 has been entered.
Status
This office action is in response to Applicant's remarks and amendments filed on 02/05/2026. Claims 10, 18-19, and 21 are currently amended. Claims 11, 23, 25, and 28 are canceled. Claims 10, 15-19, 21-22, 24, and 32-34 are pending review in this action. The previous 35 U.S.C. 103 rejections are withdrawn in light of Applicant's amendment to Claim 10. New grounds of rejection necessitated by Applicant's amendments are presented below.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 10, 15-19, 21-22, 24, and 32-33 are rejected under 35 U.S.C. 103 as being unpatentable over Kato et al. (JP 2002-246068 A) (disclosed by the Applicant on IDS dated 05/11/2022) further in view of Tsukuda et al. (US 2012/0214051 A1), Hong et al. (US 2006/0093896 A1), and Ohira et al. (US 2012/0070708 A1).
In Regards to Claim 10:
Kato discloses a battery cell case (battery container) in which a case body (bottom container, 2) and a case lid (upper lid, 1) are joined by welding (Figure 1, [0013, 0020]). Kato further discloses that the case body (bottom container, 2) comprises a resin laminated steel plate (metal-resin laminate plate) which includes a surface that serves as an inner surface of the case body (bottom container, 2) (Figure 1, [0015]). Kato further discloses that a resin laminate (resin layers, 51) of the resin laminated steel plate (metal-resin laminate plate) is made of a film of a polyolefinic resin such as polyethylene or polypropylene (Figure 3, [0015-0016]). Kato further discloses that the case lid (upper lid, 1) is made of a metallic plate (metal plate, 53), the case lid (upper lid, 1) having an opening (injection port, 5) for injecting an electrolytic solution (Figures 1 and 3, [0015-0016, 0021]). Kato further discloses that a 5 mm peripheral portion of each of the case body (bottom container, 2) and the case lid (upper lid, 1) does not comprise the resin laminate (resin layers, 51) such that the peripheral portions of the case body (bottom container, 2) and the case lid (upper lid, 1) may be welded to one another (Figure 4, [0020, 0038]). Kato further discloses that the opening (injection port, 5) is located adjacent to the peripheral portion of the case lid (upper lid, 1), which is uncoated by the resin laminate (resin layers, 51) (see Figure 4, [0038]). Kato further discloses that the steel plate (metal plate, 53) of the case body (bottom container, 2) may be formed from stainless steel (Figures 1 and 3, [0016]). Kato further discloses that the metallic plate (metal plate, 53) of the case lid (upper lid, 1) is a stainless steel plate (Figures 1 and 3, [0016]). Kato further discloses that the case lid (upper lid, 1) has a terminal hole (hole through which positive electrode terminal, 3, protrudes) the for a positive electrode terminal (3) and a terminal hole (hole through which negative electrode terminal, 4, protrudes) for a negative electrode terminal (4) in addition to the opening (injection port, 5) (Figure 1, [0014]). Kato further discloses that the opening (injection port, 5) has a diameter of 6 mm (Figure 1, [0045]). Kato further discloses that the battery cell case (battery container) is utilized in a non-aqueous secondary battery [0027].
The skilled artisan would understand that when the peripheral edges of the case body (bottom container, 2) and the case lid (upper lid, 1) do not possess the resin laminate (resin layers, 51), and the uncoated peripheral edges are 5 mm wide, the external surface of the case lid (upper lid, 1) necessarily serves as an outer surface and comprises a region (most peripheral edge region of upper lid, 1) which is more than 2 mm from peripheral edge of the opening (injection port, 5).
Kato is deficient in disclosing 1) that the steel plate of the case body is a surface-treated steel sheet that has been subjected to a plating containing at least one of Al, Cr, Ni, Sn, Zn, Zr, Si, V, Ti and P and/or a chemical conversion treatment containing at least one of Si, V, Ti, Zr, P and Cr; 2) the negative electrode is electrically connected to the outside of the battery via the case lid; and 3) that the opening has a diameter of 0.5 mm or more and 5 mm or less.
Regarding 1), Tsukuda discloses a battery (100) which includes a battery case (exterior canister, 70, and sealing plate, 80) comprising a case body (exterior canister, 70) and a case lid (sealing plate, 80) (Figure 1, [0116]). Tsukuda further discloses that the case body (exterior canister, 70) is formed from a metal plate with a laminate inner coating (Figure 1, [0100, 0116]). Tsukuda further discloses the metal plate may be selected from a group which includes stainless steel or aluminum-plated stainless steel [0100].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the steel plate of Kato, an aluminum-plated stainless steel sheet, as it is known in the art that an aluminum-plated stainless steel sheet is an equivalent alternative to a stainless steel sheet when used as a metal plate in laminate for a housing of a battery, as taught by Tsukuda. The substitution of known equivalent structures involves only ordinary skill in the art, MPEP 2144. When a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result. By making the above selection, the limitation of Claim 10 requiring that the steel plate of the case body is a surface-treated steel sheet that has been subjected to a plating, is met.
Regarding 2), Hong discloses a battery cell (secondary battery, 100) comprising a case (110), a lid (cap plate, 115), an electrode assembly (10) comprising a negative electrode plate (13) and a positive electrode plate (11), and an electrode terminal (116) (Figures 2A and 5, [0067, 0070, 0090]). Regarding electrical connection, Hong discloses that the lid (cap plate, 115) has the electrode terminal (116) formed in the center thereon, and that the electrode terminal (116) may be the positive electrode terminal, in which case the lid (cap plate, 115) itself serves as the negative electrode terminal [0070].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the terminal configuration of Kato to have the negative electrode be electrically connected to the outside of the battery via the case lid acting as the negative electrode terminal, as it is known in the art to be a sufficient method of having the negative electrode be electrically connected to an outside of a battery, and furthermore that the positive electrode and the negative electrode may be electrically connected to an outside of the battery via different methods, as taught by Hong. Furthermore, the selection of a known apparatus based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). By making the above modification, the limitation of Claim 10 requiring that the negative electrode is electrically connected to the outside of the battery via the case lid, is met.
Regarding 3), Ohira discloses a nonaqueous secondary battery comprising a battery cell case in which a case body (battery can, 18) and a case lid (battery lid, 19) are joined by welding (Figure 12, [0046, 0260]). Ohira further discloses that the case lid (battery lid, 19) includes an injection hole through which an electrolyte is injected into the nonaqueous secondary battery (Figure 12, [0261]). Ohira further discloses that the injection hole has a diameter of 1 mm [0261].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the diameter of the opening of Kato, 1 mm, as an injection hole of such a size is known in the art as suitable for use to inject a nonaqueous electrolyte into a battery, as taught by Ohira. Furthermore, it has been held that mere changes in size of an object is a matter of design choice absent persuasive evidence the particular shape of the claimed object is significant (MPEP 2144.04 IV). Upon making the above modification, all of the limitations of Claim 10 are met.
In Regards to Claim 15 (Dependent Upon Claim 10):
Kato as modified by Tsukuda, Hong, and Ohira discloses the battery cell case of Claim 10 as set forth above. As detailed above in the rejection of Claim 10, Kato further discloses that the resin laminate (resin layers, 51) is included on both surfaces of the metallic plate (metal plate, 53) of the case lid (upper lid, 1) (Figures 1 and 3, [0015-0016]). Kato further discloses that a 5 mm peripheral portion of each of the case body (bottom container, 2) and the case lid (upper lid, 1) does not comprise the resin laminate (resin layers, 51) such that the peripheral portions of the case body (bottom container, 2) and the case lid (upper lid, 1) may be welded to one another (Figure 4, [0020, 0038]).
Furthermore, Hong further discloses that the entirety of the lid (cap plate, 115) apart from where electrode terminal (116) protrudes may serve as the positive electrode terminal [0070].
Thus, the skilled artisan would appreciate that upon the modification outlined in Claim 10, as the case lid (upper lid, 1) does not comprise the resin laminate (resin layers, 51) on a 5 mm peripheral portion, and the entirety of the case lid (upper lid, 1) may serve as the positive electrode terminal, the uncoated portion of the case lid (upper lid, 1) may be considered a portion where the positive electrode is electrically connected to the outside of the battery via the case lid (upper lid, 1). Thus, all of the limitations of Claim 15 are met.
In Regards to Claim 16 (Dependent Upon Claim 10):
Kato as modified by Tsukuda, Hong, and Ohira discloses the battery cell case of Claim 10 as set forth above. Kato further discloses that the opening (injection port, 5) is closed and sealed by a sealing film (6) which may be an aluminum-modified polypropylene laminate film (Figure 1, [0035]). Kato further discloses that the sealing film (6) may be heat-sealed to the opening (injection port, 5) via welding (Figure 1, [0036]). Thus, all of the limitations of Claim 16 are met.
In Regards to Claim 17 (Dependent Upon Claim 10):
Kato as modified by Tsukuda, Hong, and Ohira discloses the battery cell case of Claim 10 as set forth above. Kato further discloses a method for manufacturing a battery (non-aqueous secondary battery) using the battery cell case (battery container) according to Claim 10, comprising the following steps: inserting a battery element (electrode laminate) into the case body (bottom container, 2); joining the case body (bottom container, 2) and the case lid (upper lid, 1) by welding (Figure 1, [0013, 0020, 0034-0035]). Kato further discloses that the method further includes the steps of injecting an electrolytic solution through the opening (injection port, 5) and performing a round of charging/discharging such that the gases generated upon charging are released from the battery cell case (battery container) (Figure 1, [0032-0035]). Kato further discloses that the opening (injection port, 5) is closed and sealed by a sealing film (6) which may be an aluminum-modified polypropylene laminate film (Figure 1, [0035]). Kato further discloses that the sealing film (6) may be heat-sealed to the opening (injection port, 5) via welding (i.e., sealing a metal lid to the opening by welding) (Figure 1, [0036]). Kato further discloses that the electrolytic solution comprises a lithium salt and a solvent [0025]. Kato further discloses that the electrolytic solution may have a water content of 100 ppm or less [0025]. Kato further discloses that when the battery (non-aqueous secondary battery) is subjected to charging/discharging, a gas may be generated within the battery cell case (battery container) [0031, 0033].
One of ordinary skill in the art at the time of the filing of the invention would appreciate that as Kato discloses that the battery is subjected to charging/discharging before final sealing of the battery cell case (battery container), such that the gases generated upon charging are released from the battery cell case (battery container), any water in the electrolytic solution would necessarily be electrolyzed and gasified such that the water is released from the battery cell case (battery container) in gas form. Thus, all of the limitations of Claim 17 are met.
In Regards to Claim 18 (Dependent Upon Claim 10):
Kato as modified by Tsukuda, Hong, and Ohira discloses the battery cell case of Claim 10 as set forth above. Kato further discloses that the case lid (upper lid, 1) has a terminal hole (hole through which positive electrode terminal, 3, protrudes) the for a positive electrode terminal (3) and a terminal hole (hole through which negative electrode terminal, 4, protrudes) for a negative electrode terminal (4) in addition to the opening (injection port, 5) (Figure 1, [0014]). Thus, all of the limitations of Claim 18 are met.
In Regards to Claim 19 (Dependent Upon Claim 10):
Kato as modified by Tsukuda, Hong, and Ohira discloses the battery cell case of Claim 10 as set forth above. Kato further discloses that the case lid (upper lid, 1) has a terminal hole (hole through which positive electrode terminal, 3, protrudes) the for a positive electrode terminal (3) in addition to the opening (injection port, 5) (Figure 1, [0014]). Thus, all of the limitations of Claim 19 are met.
In Regards to Claim 21 (Dependent Upon Claim 10):
Kato as modified by Tsukuda, Hong, and Ohira discloses the battery cell case of Claim 10 as set forth above. Kato further discloses that the resin laminate (resin layers, 51) is included on both surfaces of the metallic plate (metal plate, 53) of the case lid (upper lid, 1) (Figures 1 and 3, [0015-0016]). Thus, all of the limitations of Claim 21 are met.
In Regards to Claim 22 (Dependent Upon Claim 15):
Kato as modified by Tsukuda, Hong, and Ohira discloses the battery cell case of Claim 15 as set forth above. Kato further discloses that the resin laminate (resin layers, 51) is included on both surfaces of the metallic plate (metal plate, 53) of the case lid (upper lid, 1) (Figures 1 and 3, [0015-0016]). Thus, all of the limitations of Claim 22 are met.
In Regards to Claim 24 (Dependent Upon Claim 15):
Kato as modified by Tsukuda, Hong, and Ohira discloses the battery cell case of Claim 15 as set forth above. Kato further discloses that the opening (injection port, 5) is closed and sealed by a sealing film (6) which may be an aluminum-modified polypropylene laminate film (Figure 1, [0035]). Kato further discloses that the sealing film (6) may be heat-sealed to the opening (injection port, 5) via welding (Figure 1, [0036]). Thus, all of the limitations of Claim 24 are met.
In Regards to Claim 32 (Dependent Upon Claim 15):
Kato as modified by Tsukuda, Hong, and Ohira discloses the battery cell case of Claim 15 as set forth above. Kato further discloses a method for manufacturing a battery (non-aqueous secondary battery) using the battery cell case (battery container) according to Claim 15, comprising the following steps: inserting a battery element (electrode laminate) into the case body (bottom container, 2); joining the case body (bottom container, 2) and the case lid (upper lid, 1) by welding (Figure 1, [0013, 0020, 0034-0035]). Kato further discloses that the method further includes the steps of injecting an electrolytic solution through the opening (injection port, 5) and performing a round of charging/discharging such that the gases generated upon charging are released from the battery cell case (battery container) (Figure 1, [0032-0035]). Kato further discloses that the opening (injection port, 5) is closed and sealed by a sealing film (6) which may be an aluminum-modified polypropylene laminate film (Figure 1, [0035]). Kato further discloses that the sealing film (6) may be heat-sealed to the opening (injection port, 5) via welding (i.e., sealing a metal lid to the opening by welding) (Figure 1, [0036]). Kato further discloses that the electrolytic solution comprises a lithium salt and a solvent [0025]. Kato further discloses that the electrolytic solution may have a water content of 100 ppm or less [0025]. Kato further discloses that when the battery (non-aqueous secondary battery) is subjected to charging/discharging, a gas may be generated within the battery cell case (battery container) [0031, 0033].
One of ordinary skill in the art at the time of the filing of the invention would appreciate that as Kato discloses that the battery is subjected to charging/discharging before final sealing of the battery cell case (battery container), such that the gases generated upon charging are released from the battery cell case (battery container), any water in the electrolytic solution would necessarily be electrolyzed and gasified such that the water is released from the battery cell case (battery container) in gas form. Thus, all of the limitations of Claim 32 are met.
In Regards to Claim 33 (Dependent Upon Claim 16):
Kato as modified by Tsukuda, Hong, and Ohira discloses the battery cell case of Claim 16 as set forth above. Kato further discloses a method for manufacturing a battery (non-aqueous secondary battery) using the battery cell case (battery container) according to Claim 16, comprising the following steps: inserting a battery element (electrode laminate) into the case body (bottom container, 2); joining the case body (bottom container, 2) and the case lid (upper lid, 1) by welding (Figure 1, [0013, 0020, 0034-0035]). Kato further discloses that the method further includes the steps of injecting an electrolytic solution through the opening (injection port, 5) and performing a round of charging/discharging such that the gases generated upon charging are released from the battery cell case (battery container) (Figure 1, [0032-0035]). Kato further discloses that the opening (injection port, 5) is closed and sealed by a sealing film (6) which may be an aluminum-modified polypropylene laminate film (Figure 1, [0035]). Kato further discloses that the sealing film (6) may be heat-sealed to the opening (injection port, 5) via welding (i.e., sealing a metal lid to the opening by welding) (Figure 1, [0036]). Kato further discloses that the electrolytic solution comprises a lithium salt and a solvent [0025]. Kato further discloses that the electrolytic solution may have a water content of 100 ppm or less [0025]. Kato further discloses that when the battery (non-aqueous secondary battery) is subjected to charging/discharging, a gas may be generated within the battery cell case (battery container) [0031, 0033].
One of ordinary skill in the art at the time of the filing of the invention would appreciate that as Kato discloses that the battery is subjected to charging/discharging before final sealing of the battery cell case (battery container), such that the gases generated upon charging are released from the battery cell case (battery container), any water in the electrolytic solution would necessarily be electrolyzed and gasified such that the water is released from the battery cell case (battery container) in gas form. Thus, all of the limitations of Claim 33 are met.
Claim 34 is rejected under 35 U.S.C. 103 as being unpatentable over Kato et al. (JP 2002-246068 A) (disclosed by the Applicant on IDS dated 05/11/2022) as modified by Tsukuda et al. (US 2012/0214051 A1), Hong et al. (US 2006/0093896 A1), and Ohira et al. (US 2012/0070708 A1), as applied to Claim 10 above, further in view of Yamato et al. (US 2014/0038005 A1).
In Regards to Claim 34 (Dependent Upon Claim 10):
Kato as modified by Tsukuda, Hong, and Ohira discloses the battery cell case of Claim 10 as set forth above. As detailed above in the rejection of Claim 10, Kato discloses a battery cell case (battery container) in which a case body (bottom container, 2) and a case lid (upper lid, 1) are joined by welding (Figure 1, [0013, 0020]).
Kato is deficient in disclosing that that seaming or caulking of the case lid and the case body is inwardly wound.
Yamato discloses a sealed battery cell (lithium-ion secondary cell) comprising a case body (outer can, 20) and a case lid (sealing body, 10) which house an electrode assembly (10) within (Figure 1, [0033-0034]). Yamato further discloses that the case body (outer can, 20) and the case lid (sealing body, 10) are secured to one another via welding with a caulking (Figure 1, [0034, 0059]). Yamato further discloses that the case body (outer can, 20) is additionally inwardly wound (see Figure 1).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the battery cell case of Kato to include a caulking material, as it is known in the art to be a useful addition to an area which may be welded to produce a reliable seal, as taught by Yamato. Furthermore, the selection of a known process based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
Furthermore, it would be obvious to the skilled artisan to modify the case body of Kato to be inwardly wound, as Yamato discloses that such a configuration is known in the art as a suitable configuration for a battery case body to have at a location wherein a case lid is attached to the case body via welding/caulking. Upon making the above modifications, all of the limitations of Claim 34 are met.
Response to Arguments
Applicant’s arguments, filed 02/05/2026, with respect to the rejection of Claims 10-11, 15-19, 21-25, 28, and 32-34 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Kato et al. (JP 2002-246068 A), Tsukuda et al. (US 2012/0214051 A1), Hong et al. (US 2006/0093896 A1), Ohira et al. (US 2012/0070708 A1), and Yamato et al. (US 2014/0038005 A1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY E FREEMAN whose telephone number is (571)272-1498. The examiner can normally be reached Monday - Friday 8:30AM-5:00PM.
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.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached on (571)-270-5256. The fax phone number for 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 Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/E.E.F./ Examiner, Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724
Prosecution Insights