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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/19/2025 has been entered.
Response to Amendment
Applicant’s amendment, filed 11/18/2026, has been entered. Claims 1, 3, 9 and 11 have been amended. Claims 1-14 are now pending in this application.
Claim Objections
Claims 3-6 objected to because of the following informalities: claim 3 recites “in other 1”. Claim 3 is interpreted as “the other one” recited in claim 1. Appropriate correction is required. Claims 4-6 are objected in view of dependence on 3.
Claim Rejections - 35 USC § 112
5. 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 1 and 3-14 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 pre-AIA the applicant regards as the invention.
The terms “larger” and “smaller” in claim 1 and 9 are relative terms which renders the claim indefinite. The terms “larger” and “smaller” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Claim 1 is interpreted to mean wherein the larger sides are larger than the smaller sides.
Claims 1 and 9 recite “the other”. There is insufficient antecedent basis for this claim; “the other side of the two smaller sides” is interpreted as the top side, the side with the vent, as shown in Fig. 4 of the instant application and described in claim 1.
Claim 1 recites “itself”, wherein “itself” does not denote any specific structure such that the meets and bounds of the claim are unclear. Claim 1 is interpreted to mean wherein the weld line connects one surface of a plate shaped member with another surface of the plate shaped member.
Claim 3 recites “the other one”. There is insufficient antecedent basis for this claim. Claim 3 is interpreted as the top side.
Claims 4-14 are rejected due to their dependency on claim 1 and 9.
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 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Daub (DE102018207327A1) (refer to enclosed translations for citations) in view of Kim (US-20170237045-A1).
Regarding claim 1,
Daub teaches a secondary battery [0002] comprising:
an electrode assembly (Fig. 2, 14; [0039]) comprising a first electrode plate ([0039], “electrodes…jelly-roll”, wherein a jelly-roll comprises wound electrode plates), a second electrode plate ([0039], “electrodes…jelly-roll”, wherein a jelly-roll comprises wound electrode plates), and a separator between the first electrode plate and the second electrode plate (Fig. 2, 14; [0039], “one separator arranged between the electrodes”);
a can accommodating the electrode assembly (Fig. 2, 2; [0033]]),
the can being a bent (Fig. 2, 2; wherein bent is defined as “having an angle”, and 2 has angles between 21, 25, 23, 24, 15, and 16, see https://wordshake.com/definition/bent) plate-shaped member (Fig. 2, wherein 2 is plate-shaped on all 6 sides of the can) having a square pipe shape (Fig. 2, wherein 2 forms an elongated hollow rectangular prism, thus having a square pipe shape) with two larger sides (Fig. 2, 2, larger sides on left and right of battery; [0046]); and two smaller sides (Fig. 2, 22, 24; [0046], and wherein edges of the plate-shaped member are welded together at one of two smaller sides [0021]),
a weld line (Fig. 2, all edges of the rectangular prism where its 6 surfaces are connected for welding, see [0042]) connecting the plate-shaped member (Fig. 2, wherein 2 is plate-shaped on all 6 sides of the can) to itself (see 112(b) rejection above, and wherein all elements of 30 are directly or indirectly connected, and wherein there is at least two edge surfaces of the prism wherein 2 is welded to itself);
a first side plate (Fig. 2, 25; [0046]) sealing an open end of the can (Fig. 2, opening covered by 25; see [0047], which describes 25 as separately formed and welded, such that it seals the open end 25 covers when it is welded);
a second side plate (Fig. 2, 26; [0046]) sealing another open end of the can (Fig. 2, opening covered by 26; see [0047], which describes 26 as separately formed and welded, such that it seals the open end 26 covers when it is welded);
a first side terminal (Fig. 2, 6; [0036]) electrically connected [0036] to the first electrode plate (see above and [0036]) and exposed to the outside (Fig. 2, outside of 2) through the first side plate (Fig. 2, wherein 6 is exposed to the outside of 2);
a second side terminal (Fig. 2, 7; [0036]) electrically connected [0036] to the second electrode plate (see above and [0036]) and exposed to the outside through the second side plate (Fig. 2, wherein 7 is exposed to the outside of 2);
and a safety vent (Fig. 2, bursting membrane 32; [0047], wherein the safety vent of the instant application is also a bursting membrane) on the other one 24 of the two smaller sides (23, 24) side of the can (Fig. 2, top side of 2) on the other one of the two smaller sides opposite to a side (Fig. 2, bottom side of 2) opposite (see Fig. 2, 32 opposite the bottom side) to one of the two smaller sides (bottom side) at where the weld line (Fig. 2, all edges of the rectangular prism where its 6 surfaces are connected for welding, see [0042], such that the weld lines along the bottom edge of 2 are opposite 32).
But fails to teach the weld line midway along one of the two smaller sides.
Kim teaches the weld line (Fig. 2, weld line between 242 and 241; [0048], “case members…laser welding”; [0091]; see [0100] for example where the cases members are welded together) midway (see Fig. 2, midway connection seam) along one of the two smaller sides (see Fig. 2, bottom side which one of the two smallest top and bottom sides). It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to move the weld line of Daub to the longitudinal axis, as Kim teaches having their deep drawn hollow case [0017] configuration of two separate halves (see Fig. 2, 242 and 241) to have improved rigidity ([0013], [0021], [0138]).
Regarding claim 7,
Daub in view of Kim teaches the secondary battery of claim 1 (see rejection of claim 1 above), wherein the safety vent (32) is integrally formed with the can (Fig 2, 2, wherein passage opening 31 a channel within the can 2 such that it is integrally formed with the can; [0047])
Claims 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Daub (DE102018207327A1) (refer to enclosed translations for citations) in view of Kim (US-20170237045-A1), and Taniyama (JP-2013125737-A).
Regarding claim 3,
Daub in view of Kim teaches the secondary battery of claim 1 (see rejection of claim 1 above), but fails to teach wherein the safety vent (Fig. 2, bursting membrane 32; [0047]) is above a hole 31 in other one of the two smaller sides (Fig. 2, 31, top side). However, Taniyama teaches a weakened portion (Fig. 2(B), 30, and hole below it such that it is sufficiently thin for breakage as described in [0012]) is above a hole (Fig. 2(B), hole below 30). It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to substitute the safety vent of Daub with that of Taniyama, as Taniyama teaches their safety vent to improve workability of 30 and easiness of breakage (Taniyama; [0011]-[0012]) .
Regarding claim 4,
Daub in view of Kim and Taniyama teaches the secondary battery of claim 3 (see rejection of claim 3 above), wherein a periphery of a hole (Taniyama, Fig. 2B, upper periphery of the hole covered by 30) in the can (Fig. 2B, can 2) is recessed (wherein upper periphery of hole is recessed) to accommodate the safety vent (Fig. 2, 30) over the hole (Fig. 2, hole covered by 30; [0012], see rejection of claim 3 above).
Regarding claim 5,
Daub in view of Kim and Taniyama teaches the secondary battery of claim 4 (see rejection of claim 4 above), wherein a height (Taniyama, Fig. 2B, height of hole covered by 30; [0011]) at which the periphery of the hole (Fig. 2B, left and right sides of hole) in the can 2 is recessed (see Fig. 2B) is equal to or greater (see Fig. 2B, hole significantly taller than thickness of 30) than an overall thickness of the safety vent (Fig. 2B, 30; [0011]).
Regarding claim 6,
Daub in view of Kim and Taniyama teaches the secondary battery of claim 3 (see rejection of claim 3 above), wherein a thickness around the hole in the can (Fig. 2B, thickness of 2) is equal to or greater than the thickness of a periphery of the safety vent (Fig. 2B, thickness of 30) (see rejection of claim 5 above).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Daub (DE102018207327A1) in view of Kim (US20160204392) and Kim* (US-20120040214-A1) (refer to enclosed translations for citations).
Regarding claim 8,
Daub in view of Kim teaches the secondary battery of claim 1 (see rejection of claim 1 above), but fails to teach wherein the safety vent is convexly formed between a central portion and the edge of the safety vent. Kim*, analogous in the art of prismatic batteries with safety vents, teaches wherein the safety vent is convexly formed between a central portion and the edge of the safety vent (Fig. 3, 170; [0038], wherein convex generally means forming a “cup” shape). It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to have wherein the safety vent is convexly formed between a central portion and the edge of the safety vent in order to prevent cracks forming in the grooves of the safety vent [0064].
Claims 9-14 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US20160204392) in view of Daub (DE102018207327A1) (refer to enclosed translations for citations).
Regarding claim 9,
Kim teaches a method of manufacturing a secondary battery [0001], the method comprising:
forming a can by (Fig. 2, 120; [0061]) bending [0064] a plate-shaped member (Fig. 3; 210; [0064]) into a square pipe shape (see Fig. 3, 200; [0064]) with two larger sides (Fig. 3, top and bottom) and two smaller sides (Fig. 3, left and right) and welding the plate-shaped member to itself (see 112(b) rejection above; [0064] and Fig. 3, weld line connecting edge surfaces) midway (see Fig. 3) along one of the two smaller sides (Fig. 3, 210; [0052], “bending and then welding”);
inserting [0061] an electrode assembly (Fig. 2, 110; [0060-0061]) comprising a first electrode plate (Fig. 2, “anode” within 110; [0060], “anode”), a second electrode plate (Fig. 2, “cathode” within 110; [0060], “cathode”),
and a separator (Fig. 2, “separator” within 110; [0060], “separator”) between the first electrode plate [0060] and the second electrode plate in the can [0060];
sealing a first open end (Fig. 2, top end of 120) of the can (120) with a first side plate (Fig. 2, 130; [0061]);
and sealing a second open end (Fig. 2, bottom of 120) of the can (120) with a second side plate (Fig. 2, 140; [0061]).
However, Kim fails to teach forming a safety vent on the other side of the two smaller sides (see 112(b) rejection above, top side) and wherein a first side terminal is electrically connected to the first electrode plate and exposed to the outside through the first side plate, and wherein a second side terminal electrically connected to the second electrode plate and exposed to the outside through the second side plate. Daub forming the safety vent (Fig. 2, membrane 32; [0047]) on the other side (Fig. 2, top side of 2; see 112(b) rejection above) and wherein a first side terminal 6 is electrically connected [0042] to the first electrode plate (Fig. 1, right side of 4; [0043]) and exposed to the outside through (Fig. 2, 6 exposed to outside) the first side plate (Fig. 2, 25; [0046]), and wherein a second side terminal (Fig. 2, 7; [0043]) electrically connected to the second electrode plate ([0042]) and exposed (Fig. 2, 7 exposed to outside) to the outside through the second side plate (Fig. 2, 25). It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify Kim by placing the safety vent on the top surface as Daub teaches that putting a vent on the top improves space efficiency and secureness ([0016]-[0017]), and to modify the terminals such that they are exposed to the sides which Daub teaches is advantageous [0041-0042].
Regarding claim 10,
PNG
media_image1.png
961
1012
media_image1.png
Greyscale
PNG
media_image2.png
692
1012
media_image2.png
Greyscale
Kim in view of Daub teaches the method of claim 9 (see rejection of claim 9 above), wherein the bending of the plate-shaped member [0052] comprises:
bending the plate-shaped member (210; see rejection of claim 9 above) along a first straight line (annotated Fig. 2, first line) spaced apart by a distance (annotated Fig. 2, distance) from one side edge (annotated Fig. 3, side edge) of the plate-shaped member (annotated Fig. 3, 210; [0064]; wherein the first line, the bottom left X, is spaced apart from the side edge by the “distance” in annotated Fig. 2);
bending [0064] the plate-shaped member (210) along a second straight line (annotated Fig. 2, second line) spaced apart by the distance (distance from opposite side edge to upper left X) from an opposite side edge of the plate-shaped member (annotated Fig. 3, opposite side edge);
bending the plate-shaped member (210) along a third straight line (annotated Fig. 2, third line; [0064]) spaced apart by the distance (see 112(b) rejection above; annotated Fig. 2/3, sum of the distance between third line and center line, and the distance between the center line and side edge) toward the one side edge (annotated Fig. 3, side edge) from a center line (annotated Fig. 2/3, center line) between (wherein center line is between the sides edges) the one side edge (annotated Fig. 3, side edge) and the opposite side edge (annotated Fig. 3, opposite side edge);
and bending the plate-shaped member (210) a fourth straight line (annotated Fig. 2, fourth line) spaced apart by the distance (see 112(b) rejection above) from the center line (annotated Fig. 2, “center line”) toward the opposite side edge, respectively (annotated Fig. 3, opposite side edge).
Regarding claim 11,
Kim in view of Daub teaches the method of claim 10 (see rejection of claim 10 above), wherein the welding [0064] of the edges (annotated Fig. 2/3, side edge and opposite side edge) facing each other (annotated Fig. 3, side edges facing each other) comprises welding [0064] the one side edge (annotated Fig. 3, side edge) and the opposite side edge (annotated Fig. 3, opposite side edge) to each other [0064] to form a square pipe shape (Fig. 2, weld line 150, square pipe shape 120; [0062]).
Regarding claim 12,
Kim in view of Daub teaches the method of claim 11 (see rejection of claim 11 above), teaches further comprising: forming a hole in the plate-shaped member; and inserting a safety vent above the hole (Daub, Fig. 2, hole covered by membrane 32, vent membrane 32; see rejection of claim 9 above).
Regarding claim 13,
Kim in view of Daub teaches the method of claim 12 (see rejection of claim 12 above), wherein Daub teaches further comprising fixing the safety vent to can by welding [0047]. While Daub is silent to specifically lap welding the safety vent; Kim teaches the benefit of lap welding with an overlap of approximately 0.4 mm [0065] as a successful embodiment of combining the plate-shaped member such that manufacturing time is shortened [0066] such that it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to use a lap weld in order to effectively realize the benefits of Kim’s decreased manufacturing time when incorporating the safety vent of Daub.
Regarding claim 14,
Kim in view of Daub teaches the method of claim 12 (see rejection of claim 12 above), wherein Daub teaches further comprising recessing a periphery of the hole in the can before the inserting the safety vent (Fig. 2, hole covered by 32 has recess above it, see rejection of claim 4 above) and [0047] describes arranging the vent 32 on 31 such that hole must be recessed before the safety vent is arranged on the hole).
Response to Arguments
Applicant’s arguments, see “Remarks” filed 11/18/2025, have been fully considered and, due to the amendments, are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kim
Applicant argues that Daub does not teach the newly amended features. However, this is not persuasive, see rejection of claim 1 and 9 above, wherein Daub in view of are cited for teaching all of the newly amended features (see rejection of claim 1 and 9 above).
Specifically, applicant argues that the amended features “plate- shaped member having a square pipe shape with two larger sides and two smaller sides and a weld line connecting the plate-shaped member to itself midway alonq one of the two smaller sides” are not taught, however, Daub is relied upon for teaching these features in the rejection of claim 1 above, which states:
plate-shaped member (Fig. 2, wherein 2 is plate-shaped on all 6 sides of the can) having a square pipe shape (Fig. 2, wherein 2 forms an elongated hollow rectangular prism, thus having a square pipe shape) with two larger sides (Fig. 2, 2, larger sides on left and right of battery; [0046]); and two smaller sides (Fig. 2, 22, 24; [0046], and wherein edges of the plate-shaped member are welded together at one of two smaller sides [0021]),
a weld line (Fig. 2, all edges of the rectangular prism where its 6 surfaces are connected for welding, see [0042]) connecting the plate-shaped member (Fig. 2, wherein 2 is plate-shaped on all 6 sides of the can) to itself (see 112(b) rejection above, and wherein all elements of 30 are directly or indirectly connected, and wherein there is at least two edge surfaces of the prism wherein 2 is welded to itself);
But fails to teach the weld line midway along one of the two smaller sides.
Kim teaches the weld line (Fig. 2, weld line between 242 and 241; [0048], “case members…laser welding”; [0091]) midway (see Fig. 2, midway connection seam) along one of the two smaller sides (see Fig. 2, bottom side which one of the two smallest top and bottom sides). It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to move the weld line of Daub to the longitudinal axis, as Kim teaches having their deep drawn hollow case [0017] configuration of two separate halves (see Fig. 2, 242 and 241) to have improved rigidity ([0013], [0021], [0138]).
Applicant argues that the applied references are substantially different references and cannot be combined. However, this is not persuasive, all the references are directed to the same field of batteries.
Applicant argues that all other claims should be allowable. However, this is not persuasive, as the rejections on all claims have been sustained.
Conclusion
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.
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, TIFFANY LEGGETE can be reached on (571) 270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of an application may be obtained from the Patent Application Information Retrieval (PAIR) system. Status information for published applications may be obtained from either Private PAIR or Public PAIR. Status information for unpublished applications is available through Private PAIR only. For more information about the PAIR system, see http://pair-direct.uspto.gov. Should you have questions on access to the Private PAIR system, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative or access to the automated information system, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/PAUL CHRISTIAN ST WYROUGH/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
Prosecution Insights