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 .
DETAILED ACTION
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 07/14/2022, 10/12/2023 and 07/07/2025 in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Election/Restrictions
Applicant’s election of Species II (Figs. 6 and 11, claims 1-6, 8, 10 and 12-14) in the reply filed on 03/31/2026 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 7, 9 and 11 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species I (Fig. 10), there being no allowable generic or linking claim. Election has been treated as an election without traverse in the reply filed on 03/31/2026.
Allowable Subject Matter
Claim 2 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim Objections
Claims 1 and 12 are objected to because of the following informalities:
Regarding claim 1, in line 2, after “;”, please delete “and”; in line 6, please delete “the secondary battery further comprises”.
Regarding claim 12, please change “the notch” to --the plurality of notch--.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 12 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 recites the limitation "the notch" in lines 1-2 of the clam. There is insufficient antecedent basis for this limitation in the claim.
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 of this title, 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.
Claims 1, 3-5, 12 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (“Kim”, US 20090186269 A1, disclosed in IDS) in view of Suzuki et al. (“Suzuki”, WO 2010089852 A1, see English Abstract and machine translation).
Regarding claim 1, Kim teaches a secondary battery (Kim Title) comprising
a casing comprising an end portion provided with an opening (Kim, Figs. 1-2, [0037], e.g., case 14); and
a top cover for covering the opening of the casing, the top cover comprising an inserting portion extending into the casing from the opening (Kim, Fig. 1, [0037], e.g., cap plate 17; (as shown in Fig. 1, the top cover (cap plate 17) comprising an inserting portion extending into the casing from the opening)),
the secondary battery further comprises an insulating member (lower gasket 75) and an electrode assembly (electrode assembly 15) installed within a casing (case 14), the insulating member is installed on the top cover (cap plate 17) to isolate the top cover from the electrode assembly (electrode assembly 15); a minimum thickness of the insulating member (lower gasket 75) protruding out from the top cover (cap plate 17) along the axial direction of the opening is greater than a maximum thickness of the inserting portion (inserting portion of cap plate 17) along the axial direction of the opening (opening of the case 14) (Kim, Figs. 1-2, [0037], [0042], [0043], [0044], e.g., battery 100 also includes a case 14 for housing the electrode assembly 15; rechargeable battery 100 also includes a cap plate 17 for closing and sealing the case 14 and the cap plate 17; gasket 70 insulating the cap plate 17 from the electrode terminals 21 and 22; gasket 70 includes a lower gasket 75; a protrusion 75a is formed on the top side of the lower gasket 75 (which is being interpreted as an insulating member), and a groove 34 is formed at the bottom side of the cap plate 17 for receiving the protrusion 75a; (as shown in Fig. 1, an insulating member (lower gasket 75) and an electrode assembly (electrode assembly 15) installed within a casing (case 14), the insulating member is installed on the top cover (cap plate 17) to isolate the top cover from the electrode assembly (electrode assembly 15); a minimum thickness of the insulating member (lower gasket 75) protruding out from the top cover (cap plate 17) along the axial direction of the opening is greater than a maximum thickness of the inserting portion (inserting portion of cap plate 17) along the axial direction of the opening (opening of the case 14))).
Kim does not teach wherein a plurality of notches are provided on an inner side of the end portion of the casing.
However, in the same field of endeavor, Suzuki a battery comprises a plurality of notches provided on an inner side of an end portion of a casing (Suzuki, Title, Figs. 1-2, Abstract, e.g., a battery case (11) having an opening part (21) on one side and a sealing plate (12) for closing the opening part (21) of the battery case (11); the groove (25) (which is being interpreted as notch) is formed in the battery case (11) starting at the position of the inner surface of the battery case (11)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein a plurality of notches are provided on an inner side of the end portion of the casing, for the purpose of suppressing blowholes caused by fumes and/or offering high welding reliability (Suzuki, page 1) and/or ensuring joint strength (Suzuki, page 2).
Regarding claim 3, Kim teaches wherein at least part of a side wall of the inserting portion has a smooth curved surface or an inclined surface inclined toward a center of the opening (Kim, Figs. 1-5, [0037], e.g., cap plate 17; (as shown in Figs. 1-5, cap plate 17 includes at least part of a side wall of the inserting portion has a smooth curved surface or an inclined surface inclined toward a center of the opening)).
Regarding claim 4, Kim in view of Suzuki teaches the secondary battery of claim 1 as disclosed above. Kim does not teach wherein the plurality of notches are in identical shape.
However, in the same field of endeavor, Suzuki a battery comprises a plurality of notches; wherein the plurality of notches are in identical shape (Suzuki, Title, Figs. 1-2, Abstract, e.g., a battery case (11) having an opening part (21) on one side and a sealing plate (12) for closing the opening part (21) of the battery case (11); the groove (25) (which is being interpreted as notch) is formed in the battery case (11) starting at the position of the inner surface of the battery case (11); as shown in Fig. 2, the plurality of notches (grooves 25) are in identical shape).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the plurality of notches are in identical shape, for the purpose of suppressing blowholes caused by fumes and/or offering high welding reliability (Suzuki, page 1) and/or ensuring joint strength (Suzuki, page 2).
Regarding claim 5, Kim in view of Suzuki teaches the secondary battery of claim 1 as disclosed above. Kim does not teach wherein the plurality of notches are evenly arranged on the end portion of the casing along a circumferential direction of the opening.
However, in the same field of endeavor, Suzuki a battery comprises a plurality of notches; wherein the plurality of notches are evenly arranged on the end portion of the casing along a circumferential direction of the opening (Suzuki, Title, Figs. 1-2, Abstract, e.g., a battery case (11) having an opening part (21) on one side and a sealing plate (12) for closing the opening part (21) of the battery case (11); the groove (25) (which is being interpreted as notch) is formed in the battery case (11) starting at the position of the inner surface of the battery case (11); as shown in Fig. 2, the plurality of notches (grooves 25) are evenly arranged on the end portion of the casing along a circumferential direction of the opening).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the plurality of notches are evenly arranged on the end portion of the casing along a circumferential direction of the opening, for the purpose of suppressing blowholes caused by fumes and/or offering high welding reliability (Suzuki, page 1) and/or ensuring joint strength (Suzuki, page 2).
Regarding claim 12, Kim in view of Suzuki teaches the secondary battery of claim 1 as disclosed above. Kim does not teach wherein the notch is disposed on the inner side of the end portion, and a size of the notch along the axial direction of the opening is smaller than a thickness of the inserting portion inserted into the opening.
However, in the same field of endeavor, Suzuki a battery comprises a plurality of notches; wherein the notch is disposed on the inner side of the end portion, and a size of the notch along the axial direction of the opening is smaller than a thickness of the inserting portion inserted into the opening (Suzuki, Title, Figs. 1-2, Abstract, e.g., a battery case (11) having an opening part (21) on one side and a sealing plate (12) for closing the opening part (21) of the battery case (11); the groove (25) (which is being interpreted as notch) is formed in the battery case (11) starting at the position of the inner surface of the battery case (11); as shown in Fig. 2, the plurality of notches (grooves 25); wherein the notch is disposed on the inner side of the end portion, and a size of the notch along the axial direction of the opening is smaller than a thickness of the inserting portion inserted into the opening).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the notch is disposed on the inner side of the end portion, and a size of the notch along the axial direction of the opening is smaller than a thickness of the inserting portion inserted into the opening, for the purpose of suppressing blowholes caused by fumes and/or offering high welding reliability (Suzuki, page 1) and/or ensuring joint strength (Suzuki, page 2).
Regarding claim 15, Kim in view of Suzuki teaches the secondary battery of claim 1 as disclosed above. Kim teaches a device using a secondary battery as a power source, comprising: a secondary battery being used to provide electrical energy (Kim, [0005]-[0007]). Secondary battery is, by definition, in which chemical energy is converted into electrical energy and used as a power source.
Alternatively, the phrase “[a] device using a secondary battery as a power source” is defined by the limitation “the secondary battery according to claim 1, the secondary battery being used to provide electrical energy”. Kim in view of Suzuki teaches the secondary battery of claim 1 as disclosed above. Secondary battery is, by definition, in which chemical energy is converted into electrical energy and used as a power source.
Kim in view of Suzuki teaches the limitation “the secondary battery according to claim 1, the secondary battery being used to provide electrical energy”; therefore, Kim in view of Suzuki’s teaching meets the phrase “[a] device using a secondary battery as a power source”.
The recitations “using a secondary battery as a power source” and “being used to provide electrical energy” are the intended use of the device and the secondary battery, respectively. Kim in view of Suzuki teaches all of the positively recited structure of the claimed device and secondary battery as disclosed above. The intended use of the device and the secondary battery in the claim fails to structurally distinguish over the device and the secondary battery of Kim in view of Suzuki. Apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. (See MPEP §§ 2114 and 2173.05(g)).
Claims 6, 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (“Kim”, US 20090186269 A1, disclosed in IDS) in view of Suzuki et al. (“Suzuki”, WO 2010089852 A1, see English Abstract and machine translation), and alternatively in view of Zhao et al. (“Zhao”, US 20130302665 A1, disclosed in IDS).
Regarding claim 6, Kim in view of Suzuki teaches the secondary battery of claim 1 as disclosed above. Kim teaches wherein the top cover (cap plate 17) further comprises a bent supporting member 32, the inserting portion (lower side portion of cap plate 17) protrudes out from an end surface of the top side of a bent supporting member 32, and an outer edge of the top side of a bent supporting member 32 extends out from the inserting portion (lower side portion of cap plate 17) to connect and fix with the end portion of the case 14 (Kim, Figs. 1-5, [0053], e.g., a bent supporting member 32 is formed on an exterior edge of the cap plate 17; bent supporting member 32 is fixed at the case 14 through welding).
Kim does not teach that the bent supporting member 32 is a disc portion.
However, the change of the quadrangular shaped battery into a cylindrical shaped battery so as to have the quadrangular shaped bent supporting member 32 changed into a disc shape (so is being interpreted as disc portion), without any new or unexpected results, is an obvious engineering design (see MPEP § 2144.04, IV.).
Alternatively, Zhao teaches a battery encasement comprising a substantially cylindrical battery case and cover as shown in FIGS. 4 and 5; and the top cover comprises a disc portion, the inserting portion protrudes out from an end surface of the disc portion, and an outer edge of the disc portion extends out from the inserting portion to connect and fix with the end portion of the case (Zhao, Figs. 4-5, [0004], [0027], e.g., the battery case is hollow except for one end and has a cylindrical shape and has a circular cross section; a substantially cylindrical battery case 100 and cover 102 is shown in FIGS. 4 and 5; cover portion width 104 is designed to cooperatively fit inside the internal case width 106; when fitted together, cover joint surface 108 and case joint surface 110 would abut and then be welded together at the seam formed by the two abutted surfaces).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein top cover further comprises a disc portion, the inserting portion protrudes out from an end surface of the disc portion, and an outer edge of the disc portion extends out from the inserting portion to connect and fix with the end portion, for the purpose of providing a battery encasements that can be reliably manufactured (Zhao, [0002]).
The change of the quadrangular shaped battery of Kim into a cylindrical shaped battery of Zhao so as to have the bent supporting member 32 of Kim changed into a disc portion as taught by Zhao, without any new or unexpected results, is an obvious engineering design (see MPEP § 2144.04, IV.).
Regarding claim 8, Kim in view of Suzuki and alternatively in view of Zhao teaches an outer edge of the disc portion extends out from the inserting portion to connect and fix with the end portion as disclosed in claim 7 above. Kim teaches bent supporting member 32 is fixed at the case 14 through welding, thereby closing and sealing the case and the cap plate 17 (Kim, Figs. 1-5, [0053]).
The change of the quadrangular shaped battery into a cylindrical shaped battery so as to have the quadrangular shaped bent supporting member 32 changed into a disc shape (so is being interpreted as disc portion), without any new or unexpected results, is an obvious engineering design (see MPEP § 2144.04, IV.).
Regarding claim 10, Kim in view of Suzuki and alternatively in view of Zhao teaches an outer edge of the disc portion extends out from the inserting portion to connect and fix with the end portion as disclosed in claim 7 above. Kim teaches bent supporting member 32 is fixed at the case 14 through welding, thereby closing and sealing the case and the cap plate 17 (Kim, Figs. 1-5, [0053]).
The change of the quadrangular shaped battery into a cylindrical shaped battery so as to have the quadrangular shaped bent supporting member 32 changed into a disc shape (so is being interpreted as disc portion), without any new or unexpected results, is an obvious engineering design (see MPEP § 2144.04, IV.).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (“Kim”, US 20090186269 A1, disclosed in IDS) in view of Suzuki et al. (“Suzuki”, WO 2010089852 A1, see English Abstract and machine translation) as applied to claim 1 above, and further in view of Kim (“Kim2”, US 20110293973 A1, disclosed in IDS).
Regarding claim 13, Kim in view of Suzuki teaches the secondary battery of claim 1 as disclosed above. Kim in view of Suzuki does not explicitly teach a battery module comprising: a housing; the secondary battery according to claim 1, the secondary battery being provided within the housing.
However, in the same field of endeavor, Kim2 teaches a battery module (Kim2, Title, e.g., battery pack) comprising: a housing; and secondary battery being provided within the housing (Kim2, Figs. 1-5, [0007], [0032], e.g., a battery pack configured to prevent or minimize a plurality of rechargeable battery cells (which are being interpreted as secondary batteries) from vibrating inside a housing; the battery pack 100 may include a housing 110 accommodating a plurality of battery cells therein).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have a battery module comprising: a housing; the secondary battery according to claim 1, the secondary battery being provided within the housing, for the purpose of preventing or minimizing vibration (Kim2, [0007]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAIXIA ZHANG whose telephone number is (571)272-5697. The examiner can normally be reached Monday and Tuesday 9-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette can be reached at (571) 270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HAIXIA ZHANG/Primary Examiner, Art Unit 1723
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