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 .
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 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.
Claim(s) 1, 5, 7-9, 12, 13, 15-20, 22-25, 26 is/are rejected under 35 U.S.C. 103 as being unpatentable over Muroya et al. (JP2016-192322A), in view of Yamada et al. (US2014/0242440A1).
As to claim 1, Muroya discloses an energy storage device (Secondary battery 10) comprising: an electrode assembly (Electrode body (14)); a case (Exterior body (12) including sealing plate (20) ) that accommodates the electrode assembly [0017]; and an external terminal (Negative terminal (40)) made of metal (Copper (90) and (92) aluminum [0042]) and disposed in the case [0019], wherein the external terminal includes:
a flange portion (Flange portion 80 ) spreading along the case outside the case (Flange-shaped portion disposed on the outer surface of the sealing plate 20 in the negative electrode terminal 40 [0041] fig. 5(a)); and a shaft portion extending from the flange portion (Insertion portion (82) connected to one surface is a surface on the -Z side of the flange portion 80 [0041] fig. 5(a)), penetrating the case (Insertion portion (82) penetrating seal plate (20) fig. 5(a)), and electrically connected to the electrode assembly (An annular insertion part 82 which is connected to one side of the flange part 80 and the tip side of which is connected to the negative electrode collector 18 [Abstract]),
wherein the flange portion includes a plurality of metal layers layered in a penetrating direction of the shaft portion (Negative terminal 40 has a first region 90 composed of a copper-based metal, and a second region 92 comprised of aluminum metal…Flange portion 80 includes a first region 90 and second region 92 are laminated. [0042]), wherein a second metal layer (92) of the plurality of metal layers covers at least a peripheral end surface of a first metal layer (90) adjacent to the second metal layer in the penetrating direction (Outer circumferential side 101 [0046] fig. 7(b)),
wherein the second metal layer (92) is a metal layer at an end opposite to the case in the penetrating direction among the plurality of metal layers (fig. 7(b)),
wherein the flange portion has a welded surface of the second metal layer on the opposite side to the case ([0049], figs. 5(a), 5(b)), for being welded to a conductive member (outer conductive member (44) [0049]),
Muroya does not explicitly disclose, the flange portion includes a through hole through which the shaft portion is inserted, and wherein the shaft portion includes a swaged portion spreading along a surface of the flange portion opposite to the case and locating a peripheral edge portion of the through hole in the flange portion.
In the same field of endeavor Yamada discloses a battery [Abstract] and teaches, the flange portion (Plate 9) includes a through hole (Through-hole 9a) through which the shaft portion (Connecting part 8c of Yamada [0064] fig. 3, protrusion (84) of flange (80) of region (92) adhered to region (90) of annular insertion part 82 of negative electrode (40) of Muroya [0042,0043,0047] figs. 6, 7a-e) is inserted, wherein the shaft portion includes: a swaged portion (8d-8c, Yamada [0065], end of (84) Muroya) spreading along a surface of the flange portion opposite to the case and locating a peripheral edge portion of the through hole in the flange portion ([0057] annotated fig. 3).
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(Yamada annotated fig. 3)
Yamada further teaches In the prismatic secondary battery according to an aspect of the present invention, preferably, a through-hole side surface of the external conduction member of the first protruding part is an inclined surface or a curved surface. This can prevent a gap from being generated between the swaged part of the second connecting part and a range in the vicinity of the first protruding part in the external conduction member, which can prevent cracks and voids from being generated in the welded part. [0030])
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modified Muroya with the structure of Yamada to prevent cracks and voids being generated in the welded part and thereby improve reliability.
Modified Muroya discloses separate parts or bodies for the flange portion (flange part (80) [Abstract]) and the shaft portion (insertion part (82) [Abstract]) are separate parts or bodies ( Further as discussed in paragraph [0047] of Muroya region (92) of flange portion (80) may have increased adhesion with region (90) of insertion portion (82), which would not be required unless (80) and (82) were separate bodies.) ,
wherein the first metal layer ((90) of Muroya) is adjacent to the case in the penetrating direction ((90) adjacent to sealing plate (20) fig. 5a) and is made of a same type of metal as the shaft portion (An annular insertion portion 82 (shaft portion) is composed of a first region 90 of the copper-based metal. [0042]),
wherein the second metal layer ((92) fig. 5a) is made of a different type of metal from that of the shaft portion ((92) comprised of aluminum metal [0042]),
and wherein the second metal layer (92) includes a thin portion surrounding the through hole and a thick portion surrounding the thin portion, the thin portion being thinner than the thick portion in the penetrating direction (see annotated fig. 6), and a surface of the thick portion constituting the welded surface (fig. 5b).
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(Muroya annotated fig. 6)
As to claim 5, Muroya discloses the second metal layer is a metal layer disposed on an outermost side among the plurality of metal layers in the penetrating direction (second region 92 fig. 5(a)), and wherein the second metal layer (92) includes a cover portion protruding in the penetrating direction along the peripheral end surface of a remaining metal layer of the plurality of metal layers (101 [0046] fig. 7(b)).
As to claim 7, Muroya discloses the second metal layer (92) is disposed on an outermost side among the plurality of metal layers in the penetrating direction, and wherein the second metal layer includes a cover portion protruding from a boundary surface between the second metal layer (92) and the first metal layer (90), the boundary surface spreading in a direction orthogonal to the penetrating direction (annotated fig. 5(a)), the cover portion protruding in the penetrating direction along an outer periphery of the first metal layer (101 annotated fig. 7(b) as exemplified in fig. 6 (4112c) of the instant specification).
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(Muroya, annotated figs. 5(a) and 7(b))
As to claim 8, Muroya discloses the external terminal is a negative electrode (Negative electrode terminal 40 [0019]).
As to claim 9, Muroya discloses the second metal layer includes aluminum or an aluminum-based metal, and wherein the first metal layer includes copper or a copper-based metal layer (First region 90 composed of a copper-based metal First metal layer, and a second region 92 comprised of aluminum metal Second metal layer. [0042]).
As to claim 12, Muroya discloses an energy storage device (Secondary battery 10) comprising: an electrode assembly (Electrode body (14)); a case (Exterior body (12) including sealing plate (20) ) that accommodates the electrode assembly [0017]; and an external terminal (Negative terminal (40)) made of metal (Copper (90) and (92) aluminum [0042]) and disposed in the case [0019], wherein the external terminal includes:
a flange portion (Flange portion 80 ) spreading along the case outside the case (Flange-shaped portion disposed on the outer surface of the sealing plate 20 in the negative electrode terminal 40 [0041] fig. 5(a)); and a shaft portion extending from the flange portion (Insertion portion (82) connected to one surface is a surface on the -Z side of the flange portion 80 [0041] fig. 5(a)), penetrating the case (Insertion portion (82) penetrating seal plate (20) fig. 5(a)), and electrically connected to the electrode assembly (An annular insertion part 82 which is connected to one side of the flange part 80 and the tip side of which is connected to the negative electrode collector 18 [Abstract]),
wherein the flange portion includes a plurality of metal layers layered in a penetrating direction of the shaft portion (Negative terminal 40 has a first region 90 composed of a copper-based metal, and a second region 92 comprised of aluminum metal…Flange portion 80 includes a first region 90 and second region 92 are laminated. [0042]), wherein a second metal layer (92) of the plurality of metal layers covers at least a peripheral end surface of a first metal layer (90) adjacent to the second metal layer in the penetrating direction (Outer circumferential side 101 [0046] fig. 7(b)),
wherein the second metal layer (92) is a metal layer at an end opposite to the case in the penetrating direction among the plurality of metal layers (fig. 7(b)),
wherein the flange portion has a welded surface of the second metal layer on the opposite side to the case ([0049], figs. 5(a), 5(b)), for being welded to a conductive member (outer conductive member (44) [0049]),
Muroya does not explicitly disclose, the flange portion includes a through hole through which the shaft portion is inserted, and wherein the shaft portion includes a swaged portion spreading along a surface of the flange portion opposite to the case and locating a peripheral edge portion of the through hole in the flange portion.
In the same field of endeavor Yamada discloses a battery [Abstract] and teaches, the flange portion (Plate 9) includes a through hole (Through-hole 9a) through which the shaft portion (Connecting part 8c of Yamada [0064] fig. 3, protrusion (84) of flange (80) of region (92) adhered to region (90) of annular insertion part 82 of negative electrode (40) of Muroya [0042,0043,0047] figs. 6, 7a-e), is inserted, wherein the shaft portion includes: a swaged portion (8d-8c, Yamada [0065], end of (84) of Muroya) spreading along a surface of the flange portion opposite to the case and locating a peripheral edge portion of the through hole in the flange portion (8d-8c, Yamada [0065]) spreading along a surface of the flange portion opposite to the case and locating a peripheral edge portion of the through hole in the flange portion ([0057] annotated fig. 3 below), and wherein the second metal layer (plate (9) has a surface covering layer of nickel or the like is formed over copper [0069]) includes a concave part recessed in the penetrating direction (Annotated fig. 3)
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(Yamada annotated fig. 3)
Yamada further teaches In the prismatic secondary battery according to an aspect of the present invention, preferably, a through-hole side surface of the external conduction member of the first protruding part is an inclined surface or a curved surface. This can prevent a gap from being generated between the swaged part of the second connecting part and a range in the vicinity of the first protruding part in the external conduction member, which can prevent cracks and voids from being generated in the welded part. [0030])
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modified Muroya with the structure of Yamada to prevent cracks and voids being generated in the welded part and thereby improve reliability.
Modified Muroya discloses separate parts or bodies for the flange portion (flange part (80) [Abstract]) and the shaft portion (insertion part (82) [Abstract]) are separate parts or bodies (Further as discussed in paragraph [0047] of Muroya region (92) of flange portion (80) may have increased adhesion with region (90) of insertion portion (82), which would not be required unless (80) and (82) were separate bodies.) ,
wherein the first metal layer ((90) of Muroya) is adjacent to the case in the penetrating direction ((90) adjacent to sealing plate (20) fig. 5a) and is made of a same type of metal as the shaft portion (An annular insertion portion 82 (shaft portion) is composed of a first region 90 of the copper-based metal. [0042]),
wherein the second metal layer ((92) fig. 5a) is made of a different type of metal from that of the shaft portion ((92) comprised of aluminum metal [0042]),
and wherein the second metal layer (92) includes a thin portion surrounding the through hole and a thick portion surrounding the thin portion, the thin portion being thinner than the thick portion in the penetrating direction (see annotated fig. 6), and a surface of the thick portion constituting the welded surface (fig. 5b).
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(Muroya annotated fig. 6)
As to claim 13, the rejection of claim 12 is incorporated, modified Muroya the conductive member (external conductive member 44 [Abstract]) is a bus bar (Bus bar 116, which is a kind of external conductive member [0058]) connecting a plurality of energy storage devices (fig. 8).
As to claim 15, the rejection of claim 12 is incorporated, modified Muroya discloses the external terminal is a negative electrode (Negative electrode terminal 40 [0019]), wherein the second metal layer includes aluminum or an aluminum-based metal, and wherein the first metal layer includes copper or a copper-based metal layer (First region 90 composed of a copper-based metal First metal layer, and a second region 92 comprised of aluminum metal Second metal layer. [0042]).
As to claim 16, the rejection of claim 12 is incorporated, modified Muroya discloses the second metal layer includes a cover portion protruding from a boundary surface between the second metal layer and the first metal layer, the boundary surface spreading in a direction orthogonal to the penetrating direction (annotated fig. 5(a)), the cover portion protruding in the penetrating direction along an outer periphery of the first metal layer (101 annotated fig. 7(b) as exemplified in fig. 6 (4112c) of the instant specification).
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(Muroya annotated figs. 5(a) and 7(b)
As to claim 17, the rejection of claim 12 is incorporated, modified Muroya does not explicitly disclose shaft portion includes an enlarged diameter portion formed between the flange portion and the outer surface of the case and spreading along the outer surface of the case; wherein the swaged portion sandwiches the peripheral edge portion of the through hole in the flange portion between the swaged portion and the enlarged diameter portion.
Yamada discloses the shaft portion includes: an enlarged diameter portion (8a) formed between the flange portion and the outer surface of the case and spreading along the outer surface of the case (fig. 3). the swaged portion (8d) sandwiches the peripheral edge portion of the through hole in the flange portion (9a) between the swaged portion and the enlarged diameter portion (fig. 3).
As to claim 18, the rejection of claim 12 is incorporated, modified Muroya does not explicitly disclose, the flange portion includes a convex part protruding in the penetrating direction in the concave part of the second metal layer, and wherein the convex part is disposed between an outer peripheral edge of the concave part and an outer peripheral edge of the swaged portion in a direction orthogonal to the penetrating direction.
In the same field of endeavor Yamada discloses a battery [Abstract] and teaches, the flange portion includes a convex part protruding in the penetrating direction in the concave part of the second metal layer (Protruding part 9b), and wherein the convex part is disposed between an outer peripheral edge of the concave part and an outer peripheral edge of the swaged portion in a direction orthogonal to the penetrating direction (annotated fig. 3).
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(Yamada annotated fig. 3)
As to claim 19, the rejection of claim 12 is incorporated, Muroya discloses the external terminal is a negative electrode (Negative electrode terminal 40 [0019]).
As to claim 20, Muroya discloses an energy storage device (Secondary battery 10) comprising: an electrode assembly (Electrode body (14)); a case (Exterior body (12) including sealing plate (20) ) that accommodates the electrode assembly [0017]; and an external terminal (Negative terminal (40)) made of metal (Copper (90) and (92) aluminum [0042]) and disposed in the case [0019], wherein the external terminal includes:
a flange portion (Flange portion 80 ) spreading along the case outside the case (Flange-shaped portion disposed on the outer surface of the sealing plate 20 in the negative electrode terminal 40 [0041] fig. 5(a)); and a shaft portion extending from the flange portion (Insertion portion (82) connected to one surface is a surface on the -Z side of the flange portion 80 [0041] fig. 5(a)), penetrating the case (Insertion portion (82) penetrating seal plate (20) fig. 5(a)), and electrically connected to the electrode assembly (An annular insertion part 82 which is connected to one side of the flange part 80 and the tip side of which is connected to the negative electrode collector 18 [Abstract]),
wherein the flange portion includes a plurality of metal layers layered in a penetrating direction of the shaft portion (Negative terminal 40 has a first region 90 composed of a copper-based metal, and a second region 92 comprised of aluminum metal…Flange portion 80 includes a first region 90 and second region 92 are laminated. [0042]), wherein a second metal layer (92) of the plurality of metal layers covers at least a peripheral end surface of a first metal layer (90) adjacent to the second metal layer in the penetrating direction (Outer circumferential side 101 [0046] fig. 7(b)),
wherein the second metal layer (92) is a metal layer at an end opposite to the case in the penetrating direction among the plurality of metal layers (fig. 7(b)),
wherein the flange portion has a welded surface of the second metal layer on the opposite side to the case ([0049], figs. 5(a), 5(b)), for being welded to a conductive member (outer conductive member (44) [0049]),
Muroya does not explicitly disclose, the flange portion includes a through hole through which the shaft portion is inserted.
In the same field of endeavor Yamada discloses a battery [Abstract] and teaches, the flange portion (Plate 9) includes a through hole (Through-hole 9a) through which the shaft portion (Connecting part 8c of Yamada [0064] fig. 3, protrusion (84) of flange (80) of region (92) adhered to region (90) of annular insertion part 82 of negative electrode (40) of Muroya [0042,0043,0047] figs. 6, 7a-e), is inserted.
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(Yamada annotated fig. 3)
Yamada further teaches In the prismatic secondary battery according to an aspect of the present invention, preferably, a through-hole side surface of the external conduction member of the first protruding part is an inclined surface or a curved surface. This can prevent a gap from being generated between the swaged part of the second connecting part and a range in the vicinity of the first protruding part in the external conduction member, which can prevent cracks and voids from being generated in the welded part. [0030])
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modified Muroya with the structure of Yamada to prevent cracks and voids being generated in the welded part and thereby improve reliability.
Modified Muroya discloses separate parts or bodies for the flange portion (flange part (80) [Abstract]) and the shaft portion (insertion part (82) [Abstract]) are separate parts or bodies. Further as discussed in paragraph [0047] of Muroya region (92) of flange portion (80) may have increased adhesion with region (90) of insertion portion (82), which would not be required unless (80) and (82) were separate bodies.) ,
wherein the first metal layer ((90) of Muroya) is adjacent to the case in the penetrating direction ((90) adjacent to sealing plate (20) fig. 5a) and is made of a same type of metal as the shaft portion (An annular insertion portion 82 (shaft portion) is composed of a first region 90 of the copper-based metal. [0042]),
wherein the second metal layer ((92) fig. 5a) is made of a different type of metal from that of the shaft portion ((92) comprised of aluminum metal [0042]),
and wherein the second metal layer (92) includes a thin portion surrounding the through hole and a thick portion surrounding the thin portion, the thin portion being thinner than the thick portion in the penetrating direction (see annotated fig. 6), and a surface of the thick portion constituting the welded surface (fig. 5b).
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(Muroya annotated fig. 6)
As to claim 22,the rejection of claim 20 is incorporated, Muroya discloses the second metal layer includes a cover portion protruding from a boundary surface between the second metal layer and the first metal layer, the boundary surface spreading in a direction orthogonal to the penetrating direction (annotated fig. 5(a)), the cover portion protruding in the penetrating direction along an outer periphery of the first metal layer (annotated fig. 7(b) as exemplified in fig. 6 (4112c) of the instant specification).
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(Muroya annotated figs. 5(a) and 7(b)
As to claim 23, the rejection of claim 20 is incorporated, Muroya does not explicitly disclose, the flange portion includes a through hole through which the shaft portion is inserted, and wherein the shaft portion includes a swaged portion spreading along a surface of the flange portion opposite to the case and locating a peripheral edge portion of the through hole in the flange portion.
In the same field of endeavor Yamada discloses a battery [Abstract] and teaches, the flange portion (Plate 9) includes a through hole (Through-hole 9a) through which the shaft portion (Connecting part 8c) is inserted, wherein the shaft portion includes: a swaged portion (8d) spreading along a surface of the flange portion opposite to the case and locating a peripheral edge portion of the through hole in the flange portion ([0053] annotated fig. 3), and wherein the second metal layer includes a concave part recessed in the penetrating direction (Annotated fig. 3)
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(Yamada annotated fig. 3)
Yamada further teaches In the prismatic secondary battery according to an aspect of the present invention, preferably, a through-hole side surface of the external conduction member of the first protruding part is an inclined surface or a curved surface. This can prevent a gap from being generated between the swaged part of the second connecting part and a range in the vicinity of the first protruding part in the external conduction member, which can prevent cracks and voids from being generated in the welded part. [0030])
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modified Muroya with the structure of Yamada to prevent cracks and voids being generated in the welded part and thereby improve reliability.
As to claim 24, the rejection of claim 20 is incorporated, modified Muroya does not explicitly disclose shaft portion includes an enlarged diameter portion formed between the flange portion and the outer surface of the case and spreading along the outer surface of the case; wherein the swaged portion sandwiches the peripheral edge portion of the through hole in the flange portion between the swaged portion and the enlarged diameter portion.
Yamada discloses the shaft portion includes: an enlarged diameter portion (8a) formed between the flange portion and the outer surface of the case and spreading along the outer surface of the case (fig. 3). the swaged portion (8d) sandwiches the peripheral edge portion of the through hole in the flange portion (9a) between the swaged portion and the enlarged diameter portion (fig. 3).
As to claim 25, the rejection of claim 20 is incorporated, modified Muroya the conductive member (external conductive member 44 [Abstract]) is a bus bar (Bus bar 116, which is a kind of external conductive member [0058]) connecting a plurality of energy storage devices (fig. 8).
As to claim 26, the rejection of claim 1 is incorporated, modified Muroya discloses the swaged portion (8d-8c, Yamada [0065]) expands along the thin portion (Yamada, Annotated fig. 7A) of the second metal layer (Muroya, second metal layer (92)), and the swaged portion is smaller than the thin portion as viewed in the penetrating direction (Annotated Muroya fig. 5 in combination with Yamada fig. 7A). As shown in the illustration below the swaged portion of Yamada provides both a thin and thick portions as required by the claims and in the combination would locate the swaged portion on element (84) of Muroya as part of the second metal (92).
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(Annotated Muroya fig. 5a and Yamada fig. 7A)
As exemplified in fig. (8) of the instant specification elements (4111) and (4112).
Claim(s) 2, 14, 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Muroya et al. (JP2016-192322A), in view of Yamada et al. (US2014/0242440A1) as applied to claim 1 above, and further in view of Tsunaki et al. (US2016/0254517A1).
As to claim 2, Muroya discloses the flange portion (Flange portion 80 includes a first region 90 and second region 92 are laminated. [0042]), wherein metal layers adjacent to each other in the plurality of metal layers are made of different kinds of metals (First region 90 composed of a copper-based metal, and a second region 92 comprised of aluminum metal [0042]),
Muroya does not explicitly disclose the flange portion is formed of a clad material. However in the same field of endeavor Tsunaki discloses a battery [Abstract] and teaches the negative electrode external terminal 105 is formed of a flat clad material in which an aluminum alloy portion 105a (first alloy portion) and a copper alloy portion 105b (second alloy portion) [0053], and further teaches the connection resistance may be reduced by terminal made of clad materials [0092].
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modify Muroya with the clad materials of Tsunaki to reduce the connection resistance of the terminal.
The product-by-limitations of claim 2, “clad material”, are not given patentable weight since the courts have held that patentability is based on a product itself, even if the prior art product is made by a different process (In re Thorpe, 227 USPQ 964, 1985). Moreover, a product-by-process limitation is held to be obvious if the product is similar to a prior art product (In re Brown, 173 USPQ 685, and In re Fessman, 180 USPQ 324). Claim 1 as written does not distinguish the product of the instant application from the product of the prior art.
As to claim 14, the rejection of claim 12 is incorporated, Muroya discloses the flange portion (Flange portion 80 includes a first region 90 and second region 92 are laminated. [0042]), wherein metal layers adjacent to each other in the plurality of metal layers are made of different kinds of metals (First region 90 composed of a copper-based metal, and a second region 92 comprised of aluminum metal [0042]), and covers a peripheral end surface of a remaining metal layer among the plurality of metal layers (Second region (92) 101 fig. 7(b)).
Muroya does not explicitly disclose the flange portion is formed of a clad material. However in the same field of endeavor Tsunaki discloses a battery [Abstract] and teaches the negative electrode external terminal 105 is formed of a flat clad material in which an aluminum alloy portion 105a (first alloy portion) and a copper alloy portion 105b (second alloy portion) [0053], and further teaches the connection resistance may be reduced by terminal made of clad materials [0092].
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modify Muroya with the clad materials of Tsunaki to reduce the connection resistance of the terminal.
The product-by-limitations of claim 2, “clad material”, are not given patentable weight since the courts have held that patentability is based on a product itself, even if the prior art product is made by a different process (In re Thorpe, 227 USPQ 964, 1985). Moreover, a product-by-process limitation is held to be obvious if the product is similar to a prior art product (In re Brown, 173 USPQ 685, and In re Fessman, 180 USPQ 324). Claim 1 as written does not distinguish the product of the instant application from the product of the prior art.
As to claim 21, the rejection of claim 20 is incorporated, modified Muroya discloses the flange portion (Flange portion 80 includes a first region 90 and second region 92 are laminated. [0042]), wherein metal layers adjacent to each other in the plurality of metal layers are made of different kinds of metals (First region 90 composed of a copper-based metal, and a second region 92 comprised of aluminum metal [0042]), and second metal layer covers a peripheral end surface of a remaining metal layer among the plurality of metal layers ( (92) fig. 7(b)).
Muroya does not explicitly disclose the flange portion is formed of a clad material. However in the same field of endeavor Tsunaki discloses a battery [Abstract] and teaches the negative electrode external terminal 105 is formed of a flat clad material in which an aluminum alloy portion 105a (first alloy portion) and a copper alloy portion 105b (second alloy portion) [0053], and further teaches the connection resistance may be reduced by terminal made of clad materials [0092].
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modify Muroya with the clad materials of Tsunaki to reduce the connection resistance of the terminal.
Modified Muroya does not explicitly disclose shaft portion includes an enlarged diameter portion formed between the flange portion and the outer surface of the case and spreading along the outer surface of the case; wherein the swaged portion sandwiches the peripheral edge portion of the through hole in the flange portion between the swaged portion and the enlarged diameter portion.
Yamada discloses the shaft portion includes: an enlarged diameter portion (8a) formed between the flange portion and the outer surface of the case and spreading along the outer surface of the case (fig. 3). the swaged portion (8d) sandwiches the peripheral edge portion of the through hole in the flange portion (9a) between the swaged portion and the enlarged diameter portion (fig. 3).
Yamada further teaches when a force is applied to terminal plate (9) with the above configuration it can prevent the damage and breakage of the connecting part of the negative electrode terminal plate 9 and the negative electrode terminal member 8. [0059]
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modify Muroya with the structure of Yamada to prevent damage to the electrode terminal plate and terminal.
The product-by-limitations of claim 2, “clad material”, are not given patentable weight since the courts have held that patentability is based on a product itself, even if the prior art product is made by a different process (In re Thorpe, 227 USPQ 964, 1985). Moreover, a product-by-process limitation is held to be obvious if the product is similar to a prior art product (In re Brown, 173 USPQ 685, and In re Fessman, 180 USPQ 324). Claim 1 as written does not distinguish the product of the instant application from the product of the prior art.
Response to Arguments
Applicant's arguments filed 06/24/2026 have been fully considered but they are not persuasive.
Applicant argues, page 12, Muroya does not teach separate bodies as the elements of Muroya (regions 90, 92) are not individually formed and then assembled together.
The office respectfully disagrees regions (90), (92) are made of different materials, the former of copper, and the latter of aluminum based material [Abstract] These regions contain a boundary portion C between region (90) and region (92) in flange (80) [0043] fig. 6 and these regions are laminated together [0042] fig. 6. The process of lamination would inherently suggest there are multi layers which would constitute separate bodies as shown in fig. 6.
Further individually formed and assembled is not claimed, and the Courts have held that making known elements separable is within the skill of a person of ordinary skill in the art. See In re Dulberg, 129 USPQ 348 (CCPA 1961) (see MPEP § 2144.04).
Applicant argues, page 13, the examiner’s annotated fig. 6 of the thin portion and thick portion is incorrect, because Muroya has no through-hole, Muroya cannot have a thin portion “surrounding the through-hole.”
The office respectfully disagrees as Muroya is not used to teach the through-hole, Yamada is relied upon to teach the flange portion includes a through hole through which the shaft portion is inserted, the shaft portion includes a swaged portion spreading along a surface of the flange portion opposite to the case and locating a peripheral edge portion of the through hole in the flange portion, as claimed, and in the combination of the through-hole of Yamada with the flange of Muroya would provide a thin portion surrounding the through hole and a thick portion surrounding the thin portion. Further in response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Applicant argues, page 13-14, Yamada’s plate 9 is a single metal and is not as the claimed second metal layer.
The office respectfully disagrees as Yamada teaches plate 9 mainly made of copper, which is the same type of metal as the shaft portion of Muroya, has a surface on which a covering layer made of nickel or the like is formed [0069]. The office notes Yamada’s plate 9 is not relied upon to teach the claimed second metal. Further in response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986)
D. Applicant argues, page 14, the combination of Muroya and Yamada does not teach the claimed features.
The office respectfully disagrees Muroya is relied upon to teach the multilayer flange (80) consisting of first region (90) and second region (92), Yamada provides a swaging structure (8d), shaft (8b), with a through-hole (fig. 3) and in the combination Muroya’s flange (80) having protrusion (84) swaged, as taught by Yamada, and flange (80) provided a through-hole as taught by Yamada would provide the claimed structure as exemplified in fig. 7 of the instant specification as shown below. The figs. 5a and 7A of Yamada connection part (8c) with swaged part (8d) located on Muroya’s protrusion (84) of second metal (92) of flange (80) and provides the thick and thin parts as disclosed.
Further in response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986)
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(The combination of Muroya, fig. 5a and Yamada, fig. 7A )
.The office respectfully disagrees as regions 90, 92 are laminated [0042], and both regions contain a boundary portion C between the regions 90, 92 [0043, 0055] fig. 6. Further individually formed and assembled is not claimed, and the Courts have held that making known elements separable is within the skill of a person of ordinary skill in the art. See In re Dulberg, 129 USPQ 348 (CCPA 1961) (see MPEP § 2144.04).
In response to applicant's arguments, page 13-14, against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Conclusion
THIS ACTION IS MADE FINAL. 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 BART A HORNSBY whose telephone number is (313)446-6637. The examiner can normally be reached 9:00-6:00 EST.
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BART HORNSBY
Examiner
Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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