DETAILED ACTION
Introductory Notes
Any paragraph citation of the instant is in reference to the U.S. published patent application.
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 14-18 and 23-28 are rejected under 35 U.S.C. 103 as being unpatentable over ASAKURA et al. (US 20190198850 A1, supplied with the IDS of 2/21/2024) in view of TANAKA et al. (US 20160099458 A1, cited in a previous office action) in view of COLBY (US 20090027821 A1, cited in a previous office action).
For reference, Figs. 5 and 6 of ASAKURA and Fig. 1 of TANAKA with examiner’s notes below:
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Regarding claim 14:
ASAKURA discloses a cover plate assembly of a battery, the cover plate assembly comprising: a cover plate body (seal plate 12), an electrode terminal (positive electrode terminal 3), and a resistive coating (melting member 52; wherein the melting member 52 is a layer, or coating, on base member 53 in a vertical direction relative to drawings; alternatively the melting member 52 is a layer, or coating, on insulating member 51 in an axial direction relative to the terminal), wherein the electrode terminal is electrically connected with the cover plate body by the resistive coating (“melting member 52 [is] sandwiched between external terminal 31 and seal plate 12” [0052]; “melting member having electrical conductivity” claim 2; Fig. 5); the resistive coating comprises a first section electrically coupled to the electrode terminal (top surface of the melting member 52 in Fig. 5), a second section electrically coupled to the cover plate body (bottom surface of the melting member 52 in Fig. 5), and a third section connected between the first section and the second section (volume between the faces of the melting member 52 in Fig. 5).
ASAKURA does not teach the third section has a width less than widths of the first section and the second section.
TANAKA is analogous art to both the instant and ASAKURA in that all are directed to current interruption devices involving melting of a layer. TANAKA discloses a protection device (10) with an integrated fuse layer (40) ([0009-0010]) that “melts” [0045] and discloses incorporating the device into a battery “sealing plate” [0074]. TANAKA further discloses the use of the protection device as a washer (claim 18). TANAKA discloses laminar element 16, which is an “insulation resin” [0026], reading on a first insulating member. TANAKA discloses metal thin layers (22 and 24) and fuse layer (40) which are resistive coatings in the form of a “plated layer” [0023] and specifically “Ni-plating and Sn-plating” [0046] wherein plating reads on coating as noted by the instant specification “the resistive coating 3 includes a nickel-plated layer” (instant [0030]). The fuse layer (40) connects the top and bottom surfaces of the device (Fig. 1). TANAKA discloses separate metal layers 26 and 28 [0057] which “are present between the PTC laminar element 16 and the electrically conductive metal thin layers” [0057]. TANAKA discloses the separate metal layers 26 and 28 may be applied to main surfaces using “thermally-compressing them together such that they become integral to obtain a pressure-bonded product” [0016] as used in example 1 [0065] wherein heat-pressing to form a bond between layers reads on coating and the instant disclosure is silent as to any limiting coating process.
Therefore, TANAKA discloses a first section (metal layer 26 with thin layer 22), second section (metal layer 28 with thin layer 24), and a third section (fuse layer 40). TANAKA discloses the third section (fuse layer 40) has a width less than widths of the first section and the second section (example 1 wherein metal layers 26 and 28 were 22 µm [0065] and the nickel plating was 8 µm [0066], see table 1; width is being read as thickness and support for this interpretation can be found in Fig. 1 and [0024] of the instant). TANAKA teaches the incorporation of the device “allows a larger amount of current to flow while providing a protection from an excessive current, and further a resettable function after a cause for the excessive current is eliminated” [0006].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to substitute the protection device of TANAKA for the melting member 52 of ASAKURA because the substitution would retain the functionality of current interruption with the added benefit of a resettable function after a cause for the excessive current is eliminated. The resulting third section would therefore have a width less than widths of the first section and the second section. Furthermore the substitution establishes a first insulating member (laminar element 16) and the resistive coating is disposed on the first insulating member (TANAKA: “electrically conductive metal thin layers which are positioned on each of main surfaces of the laminar element, and a fuse layer which is positioned on a side surface” Abstract).
Modified ASAKURA discloses all the claim limitations as set forth above and TANAKA further discloses the third section comprises: a first coating portion (Fig. 1 top area of fuse layer 40 where fuse layer 40 and layers 26 and 22 intersect) disposed on an external periphery (“side surface” claim 1) of the first insulating member and connected with the first section (electrically connect per claim 1);
and a second coating portion (Fig. 1 bottom area of fuse layer 40 where fuse layer 40 and layers 28 and 24 intersect) disposed on the external periphery (“side surface” claim 1) of the first insulating member and connected with the second section (electrically connects per claim 1),
wherein a weak portion (fuse layer 40; the fuse layer is read to be weak because it “melts with a predicted amount of the excessive current” [0045] and this matches the instant definition of weak as noted by the instant in paragraph [0005] in that the “weak portion is melted”) disposed on the external periphery of the first insulating member (“side surface” claim 1) and is connected between the first coating portion and the second coating portion (claim 1).
Regarding “external periphery”, while TANAKA does not directly disclose the fuse being on the external periphery of the protection device as a whole, it would have been obvious to one having ordinary skill in the art at the time the invention was made to rearrange the fuse layer to the external periphery of the device as doing so would not alter the underlying function. It has been held that rearranging parts of an invention involves only routine skill in the art when it would not perform differently than the prior art device, In re Japikse, 86 USPQ 70, see MPEP § 2144.04(VI)(C).
Furthermore, COLBY discloses in Fig. 10 (shown above) and paragraph [0078] a fuse element 162 vertically disposed as a film along the edge of CPTC thermistor device 160. It would have been obvious to one of ordinary skill in the art at time of filing to arrange the fuse layer of TANAKA to be along the edge of the device, as taught by COLBY, as doing so would be the selection of a known design with reasonable expectation of success for the placement of a fuse layer.
Regarding, “upon fusion of the weak portion, electrical connection between the electrode terminal and the cover plate body is disconnected” TANAKA utilizes the weak portion as a fuse and when the fuse melts electrical connection is disconnected, see [0049] which states “when the excessive current flows, the current flows preferentially through the fuse layer, as the result of which, the fuse layer is fused by a Joule heat generated and the current flowing through the fuse layer becomes to flow through the PTC laminar element, and thereby the PTC element trips and becomes a high temperature state by the Joule heat, so that the current is interrupted”. Therefore, in TANAKA the fuse melting leads to the disconnection of the electrical connection both directly through the fuse itself and for the circuit in its entirety. In other words, the current is not only diverted, but also disconnected at both the fuse and at the PTC due to the heat, even if in the latter case the current flow may reestablish when the flow is no longer excessive. Similarly, COLBY discloses “Upon the opening of the fuse element, CPTC thermistor layer 130 becomes non-conducting and prevents current form traveling from termination 136 a to termination 136 b” [0077] and ASAKURA discloses “the cut-off portion switches from the grounded state to the cut-off state by being deformed by heat generated as a short-circuit current flows” [0008]. This disconnection of electrical connection in a circuit is the primary function of any fuse.
Regarding claim 15:
Modified ASAKURA discloses all the claim limitations as set forth above and ASAKURA further discloses the cover plate body includes a mounting hole (“through hole in seal plate 12” [0044] and Fig. 5); the electrode terminal (main body portion 321 of positive electrode terminal 3) is extended through the cover plate body (seal plate 12) via the mounting hole (Fig. 5); and the cover plate body and the electrode terminal are spaced apart from each other at the mounting hole (Fig. 5).
Regarding claim 16:
Modified ASAKURA discloses the first insulating member (TANAKA: laminar element 16, which is an “insulation resin” [0026]) sleeved on a pole portion of the electrode terminal outside of the cover plate body (due to the substitution of the protection device of TANAKA for the melting member 52 of ASAKURA, as discussed in the rejection of claim 14, the protection device and therefore insulating member of TANAKA is sleeved on a pole portion of the electrode terminal outside of the cover plate body of modified ASAKURA per Fig. 5 of ASAKURA).
Regarding claim 17:
Modified ASAKURA discloses all the claim limitations as set forth above and ASAKURA further discloses the electrode terminal (positive electrode terminal 3) comprises the pole portion (main body portion 321) and an electrode cap (external terminal 31), the electrode cap being disposed on the pole portion and extending outward from the pole portion along a radial direction of the pole portion (Fig. 5).
Regarding claim 18:
Modified ASAKURA discloses the first section (TANAKA: metal layer 26 with thin layer 22) of the resistive coating is arranged between the electrode cap and the first insulating member (top side relative to Fig. 1 of TANAKA, as used in ASAKURA in place of melting member 52, as discussed in rejection of claim 14); and the second section (TANAKA: metal layer 28 with thin layer 24) is arranged between the first insulating member and the cover plate body (bottom side relative to Fig. 1 of TANAKA, as used in ASAKURA in place of melting member 52, as discussed in the rejection of claim 14).
Regarding claim 23:
Modified ASAKURA discloses all the claim limitations as set forth above and ASAKURA further discloses a ceramic ring (”Insulating member 51 is composed of a ceramic material” [0053]). ASAKURA teaches “Insulating member 51 is composed of a ceramic material having heat resistance, for example. Thereby, insulating member 51 remains without melting even when melting member 52 melts as described later” [0053]. Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to utilize the ceramic material of ASAKURA as the first insulating member because of the stated heat resistance.
Regarding claim 24:
Modified ASAKURA discloses all the claim limitations as set forth above and TANAKA further discloses the resistive coating comprises nickel (“nickel-plating” [0018]).
Regarding claims 25-28:
Modified ASAKURA discloses all the claim limitations as set forth above and ASAKURA further discloses a battery (“secondary battery” [0008]), a battery module (“battery pack” [0008]), a battery pack (“battery pack” [0008], wherein a battery pack per instant specification paragraph [0010] need only contain a battery module and as such the battery pack of ASAKURA reads on both battery module and battery pack), and an electric vehicle (ASAKURA notes the utility of the device “due to a collision of a vehicle” [0057])
Claims 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over ASAKURA in view of TANAKA in view of GONG et al. (US 20180366714 A1).
Regarding claim 20:
ASAKURA discloses an annular disc (base member 53 which is “plate made of a metal” [0051]) electrically connected with the cover plate body (Fig. 5; “placed on a main surface of seal plate 12” [0051]).
Modified ASAKURA discloses the first insulating member is supported on the annular disc (bottom side relative to Fig. 1 of TANAKA, as used in Modified ASAKURA in place of melting member 52, as discussed in the rejection of claim 14, on the base member 53 per ASAKURA Fig. 5); the pole portion of the electrode terminal is successively extended through the first insulating member and the annular disc to be mounted to the cover plate body (ASAKURA Fig. 5).
Modified ASAKURA does not teach the annular disc is disposed in the mounting hole.
GONG is analogous art directed to a current interruption device. GONG discloses transition ring 209 (Fig. 21) which “has an inner ring and an outer ring that form a Z-shaped structure” [0134]. The Z-shaped structure places the ring partially within the cover plate hole per Fig. 21. GONG teaches the transition ring 209 is “tightly connected to the cover plate” [0132] via “laser welding” [0077] and that the “end surface of the through hole is in a staircase structure … inner ring of the transition ring is embedded in and supports the staircase structure” [0134].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to substitute the transition ring 209 of GONG for the base member 53 of ASAKURA because the resulting annular disc would be structurally and electrically well connected to the mounting hole, cover plate, and insulating member. The annular disc of modified ASAKURA would therefore be disposed in the mounting hole.
Regarding claim 21:
Modified ASAKURA discloses the first insulating member is disposed between the annular disc and the electrode cap (Fig. 5 of ASAKURA is most illustrative wherein melting member 52 is between the base member 53 and the external terminal 31; as discussed in the rejection of claim 14 the melting member 52 is replaced by the protection device of TANAKA; as discussed in the rejection of claim 20 the base member 53 is replaced by the transition ring of GONG).
Regarding claim 22:
Modified ASAKURA discloses the second section of the resistive coating is disposed between the first insulating member and the annular disc (bottom side relative to Fig. 1 of TANAKA, as used in modified ASAKURA in place of melting member 52, as discussed in the rejection of claim 14).
Response to Arguments
Regarding art-based rejections, applicant’s arguments with respect to claim 14 have been considered but are not persuasive.
On page 6 of the remarks bridging to page 7, applicant argues that “in Tanaka, fusion of the fuse layer does not disconnect the electrical circuit”. As discussed in the rejection of claim 1 above, examiner does not find this persuasive because 1) the fusion of the fuse layer directly leads to the disconnection of the electrical circuit flowing through the fuse circuit itself; 2) the loss of the fuse layer does directly lead to disconnection of the entirety of the electrical circuit in a situation where excessive current flows; and 3) the disconnection of an electrical connection is the prime function of any fuse. In other words, the current is not only diverted, but also disconnected at both the fuse and at the PTC due to the heat, even if in the latter case the current flow may reestablish when the flow is no longer excessive.
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.
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/T.L.M./Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721