DETAILED ACTION
Claims 1-2, 4-8, 10-11, and 13-15 are presented for examination, wherein claims 1-2, 4-8, 10-11 and 13-15 are currently amended; plus, species B (pressure relief mechanism actuated in response to an internal temperature) is withdrawn. Claims 3, 9, and 12 are cancelled.
The applicant’s request to participate in the Patent Prosecution Highway, dated November 25, 2024, was granted by the USPTO on December 19, 2024.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant’s submission filed on September 12, 2025 has been entered.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the newly added “one or more gaps between adjacent electrode plates being disposed opposite to the board” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
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 1-2, 4-8, 10-11, and 13-15 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2005/0181272).
Regarding independent claim 1, Kim teaches a lithium ion secondary battery (e.g. item 100 or 200) comprising:
a battery can (e.g. item 120 or 220) having a rectangular parallelepiped shape including at least one or more notch safety vent(s) (e.g. item 125 or 225 and 226);
a cap assembly (e.g. item 140) comprising a cap plate (e.g. item 141 or 241) on an open top of said battery can and welded thereto; and,
an electrode assembly (e.g. item 110 or 210) incorporated within said battery can, wherein said electrode assembly is formed by winding up a positive electrode plate (e.g. item 111), a negative electrode plate (e.g. item 112), and an isolation film (e.g. item 113) therebetween,
wherein said battery can (e.g. item 120 or 220) having said rectangular parallelepiped shape comprises
a pair of plate-shaped first walls (e.g. items 121 or 221), each located on opposite sides of said battery can to one another, the broad surfaces of said plate-shaped first walls in the length and width directions;
a pair of plate-shaped second walls (e.g. items 122 or 222), each having an area smaller than each of said first walls, each second wall located on opposite sides of said battery can to one another, the broad surfaces of said plate-shaped second walls in the length and thickness directions,
said first walls and said second walls intersecting one another at right angles; and,
said open top and a plate-shaped bottom third wall (e.g. item 123 or 223), each having an area smaller than each of said second walls,
said open top and said plate-shaped bottom third wall on opposite sides of said battery can, the broad surfaces of said plate-shaped third wall in the width and thickness directions,
wherein in said rectangular parallelepiped shape, said length direction is greater than said width direction; and, said width direction is greater than said thickness direction,
wherein said at least one or more notch safety vent(s) (e.g. item 125 or 225 and 226) may be located on at least one of said first walls and have a line shape that is oriented in the middle thereof and parallel to a longitudinal side of said pair of second walls of the can,
said at least one or more notch safety vent(s) may be composed of a notch (e.g. item 225) and an auxiliary notch (e.g. item 226),
said notch formed on an inside surface of said battery can and said auxiliary notch formed on an outside surface of said battery can corresponding with said notch, such that only a thin-wall portion remains between said notch and said auxiliary notch,
said at least one or more notch safety vent(s) provides enhanced safety and reliability by being easily destroyed under a low pressure,
said at least one or more notch safety vent(s) may have a length corresponding to 50% through 90% of a length of the longitudinal side of the pair of second walls
(e.g. ¶¶ 0016-34, 51-52, 54-56, and 62-71 plus e.g. Figures 2B-E and 3A-D, see also Annotated Figures 1B and 2D, infra), reading on “battery cell,” said battery comprising:
(1) said battery can (e.g. item 120 or 220) having said rectangular parallelepiped shape comprising:
(1a) said pair of plate-shaped first walls (e.g. items 121 or 221), each located on opposite sides of said battery can to one another, the broad surfaces of said plate-shaped first walls in the length and width directions;
(1b) said pair of plate-shaped second walls (e.g. items 122 or 222), each having said area smaller than each of said first walls, each second wall located on opposite sides of said battery can to one another, the broad surfaces of said plate-shaped second walls in the length and thickness directions,
said first walls and said second walls intersecting one another at right angles;
(1c) said open top and a plate-shaped bottom third wall (e.g. item 123 or 223), each having said area smaller than each of said second walls, the broad surfaces of said plate-shaped third wall in the width and thickness directions,
wherein in said rectangular parallelepiped shape, said length direction is greater than said width direction; and, said width direction is greater than said thickness direction; and,
said electrode assembly (e.g. item 110 or 210) incorporated within said battery can (e.g. supra), said electrode assembly understood to be incorporated within a space within said battery can that is accessible through said open top of said battery can,
one of said taught pair of plate-shaped first walls (e.g. items 121 or 221) corresponding with the claimed “second board extending along the length direction…the second board being perpendicular to the thickness direction”;” and,
one of said taught pair of plate-shaped second walls (e.g. items 122 or 222) corresponding with the claimed “first board extending along the length direction…the first board being perpendicular to the width direction,”
reading on the limitations “a housing;” “a dimension of the housing along a length direction of the battery cell being greater than a dimension of the housing along a thickness direction of the battery cell and a dimension of the housing along a width direction of the battery cell;” “an accommodation space opened from at least one end of the accommodation space,” the newly amended limitation “the housing including a first board extending along the length direction…the first board being perpendicular to the width direction;” and, the newly added limitation “a second board extending along the length direction and intersecting the first board…the second board is perpendicular to the thickness direction;”
(2) said electrode assembly (e.g. item 110 or 210) incorporated within said battery can (e.g. supra), wherein said electrode assembly is understood to be incorporated within said space within said battery can (e.g. supra), reading on “an electrode assembly disposed in the accommodation space,”
wherein said electrode assembly (e.g. item 110 or 210) is formed by winding up said positive electrode plate (e.g. item 111), said negative electrode plate (e.g. item 112), and said isolation film (e.g. item 113) therebetween (e.g. supra), wherein said electrode assembly is formed by positioning said isolation film between said positive electrode plate and said negative electrode plate then winding to form the electrode assembly (e.g. ¶0052, see also e.g. ¶¶ 0005-06, plus e.g. Figures 1B-D and 2B-D), which is understood to be a “stacked” electrode assembly, by nature of having said isolation film between said positive and negative electrodes,
said electrode assembly (e.g. item 110 or 210) is incorporated within said battery can, the description supra incorporated herein by reference, wherein a portion of said electrode assembly is in contact said first wall (e.g. item 121 or 221) of said battery case; plus, a portion of said isolation film (e.g. item 113) is positioning between said positive electrode plate and said negative electrode plate, adjacent to one of said second walls is at an opposite side of said case to the other second wall (e.g. supra; e.g. ¶¶ 0017, 28, 53, and 55; plus, e.g. Annotated Figures 1B and 2D infra), noting that said positive and negative electrodes have a “gap between,” wherein said isolation film fills that gap and thereby maintains said gap between adjacent positive and negative electrodes,
a combination of said taught positive electrode plate (e.g. item 111) and said negative electrode plate (e.g. item 112) corresponding with the claimed “plurality of electrode plates stacked along the thickness direction;”
said portion of said combination of said electrode plates with a portion of said taught first wall (e.g. item 121) corresponding with the claimed “the electrode plates being stacked together with the second board along the thickness direction;” and,
said portion of said isolation film (e.g. item 113), which is positioning between said positive electrode plate and said negative electrode plate, adjacent to one of said second walls is at an opposite side of said case to the other second wall (see e.g. Annotated Figure 1B, infra) corresponds with the claimed “one or more gaps between adjacent electrode plates being disposed opposite to the first board,” as claimed,
severably establishing a prima facie case of obviousness of the claimed ranges “plurality” and “one or more,” see also e.g. MPEP § 2144.05(I), reading on the newly added limitation “the electrode assembly including a plurality of electrode plates stacked along the thickness direction, and the electrode plates being stacked together with the second board along the thickness direction, one or more gaps between adjacent electrode plates being disposed opposite to the first board,” as claimed; and,
(3) said cap assembly (e.g. item 140) comprising said cap plate (e.g. item 141 or 241) on said open top of said battery can and welded thereto (e.g. supra), reading on “a cover configured to cover the opening.”
Regarding the newly amended limitations further defining the previously claimed “board” as the “first board,” such that the claimed pressure relief mechanism is disposed at the “first board” in the newly amended limitations “a pressure relief mechanism is disposed at the first board and configured to be actuated, in response to an internal pressure or temperature of the housing reaching a threshold, to relieve the internal pressure; in the length direction, an extension dimension of the pressure relief mechanism is greater than or equal to 1/4 of an extension dimension of the first board; and the first board includes a first part and a second part that are arranged side by side, the first part is fixed to the second part by welding, a weld is formed at a joint between the first part and the second part, and the pressure relief mechanism includes the weld,”
Kim teaches said electrode assembly (e.g. item 110 or 210) incorporated within said battery can, is formed by winding up said positive electrode plate (e.g. item 111), said negative electrode plate (e.g. item 112), and said isolation film (e.g. item 113) therebetween;
said pair of plate-shaped first walls (e.g. items 121) with broad surfaces in the length and width directions;
said pair of plate-shaped second walls (e.g. items 122) each having said area smaller than each of said first walls, with broad surfaces of said plate-shaped second walls in the length and thickness directions, said first walls and said second walls intersecting one another at right angles; and,
said at least one or more notch safety vent(s) (e.g. item 125 or 225 and 226) may be located on at least one of said first walls and have a line shape that is oriented in the middle thereof and parallel to a longitudinal side of said pair of second walls of the can,
wherein said at least one or more notch safety vent(s)may be composed of said notch (e.g. item 225) and said auxiliary notch (e.g. item 226), said notch formed on said inside surface of said battery can and said auxiliary notch formed on said outside surface of said battery can corresponding with said notch, such that only said thin-wall portion remains between said notch and said auxiliary notch (e.g. supra),
but does not expressly teach said notch safety vent(s) located on at least one of said taught second walls, such that it reads on said limitations.
However, a pressure event would result in gas passing through said battery can, and it would have been obvious to incorporate said at least one or more notch safety vent(s) on at least one of said pair of plate-shaped second walls (e.g. items 122) in order to direct said gas in a desired direction, see also e.g. MPEP § 2144.04(VI)(C), noting that rearrangement of parts is an obvious matter of design choice,
Further, it would have been obvious to incorporate said notch safety vent(s) on at least one of said pair of plate-shaped second walls in the same size, orientation and arrangement to the teachings as provided for being incorporated in said first walls, since Kim teaches the said size, orientation, and arrangement are suitable for use in a battery can,
reading on the newly amended limitation “a pressure relief mechanism is disposed at the first board and configured to be actuated, in response to an internal pressure or temperature of the housing reaching a threshold, to relieve the internal pressure;” and, establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on “in the length direction, an extension dimension of the pressure relief mechanism is greater than or equal to 1⁄4 of an extension dimension of the first board.”
Regarding the newly amended, previously added limitation, “the first board includes a first part and a second part that are arranged side by side, the first part is fixed to the second part by welding, a weld is formed at a joint between the first part and the second part, and the pressure relief mechanism includes the weld,” Kim teaches said at least one or more notch safety vent(s) (e.g. item 125 or 225 and 226) may have said line shape that is oriented in the middle thereof and parallel to said longitudinal side of said pair of second walls of the can, wherein said at least one or more notch safety vent(s)may be composed of said notch (e.g. item 225) and said auxiliary notch (e.g. item 226), said auxiliary notch formed on said outside surface of said battery can corresponding with said notch, such that only said thin-wall portion remains between said notch and said auxiliary notch (e.g. supra), further, a pair of wall portions defining said notches are arranged side-by-side and narrow down to said thin-wall portion, said pair of wall portions defining said notches corresponding with the claimed “first part and a second part” and said thin-wall portion corresponding with the claimed “joint” and a structure associated with one resulting from a “welding” process, wherein the process limitations “welding” and “weld is formed at a joint” does not patentably distinguish the instant invention, see also e.g. MPEP § 2113, reading on said previously added limitation “the board includes a first part and a second part that are arranged side by side, the first part is fixed to the second part by welding, a weld is formed at a joint between the first part and the second part, and the pressure relief mechanism includes the weld,” as claimed.
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Regarding newly amended claims 2 and 5-7, Kim teaches the battery of claim 1, wherein said at least one or more notch safety vent(s) (e.g. item 125 or 225 and 226) may be located on at least one of said second walls and have said line shape that is oriented in the middle thereof and parallel to said longitudinal side of said pair of second walls of the can, wherein said at least one or more notch safety vent(s)may be composed of said notch (e.g. item 225) and said auxiliary notch (e.g. item 226), said notch formed on said inside surface of said battery can and said auxiliary notch formed on said outside surface of said battery can corresponding with said notch, such that only said thin-wall portion remains between said notch and said auxiliary notch, said at least one or more notch safety vent(s) may have said length corresponding to 50% through 90% of said length of the longitudinal side of the pair of second walls (e.g. supra), reading on the newly amended limitations “the pressure relief mechanism is located in a middle region of the first board” (claim 2); “the pressure relief mechanism includes a notch groove disposed at the first board” (claim 5); the notch groove is disposed at an outer surface of the first board, the outer surface facing away from the accommodation space (claim 6); and, establishing a prima facie case of obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on “along a direction perpendicular to the first board, a corresponding dimension of the first board at the notch groove is 1⁄4 to 3⁄4 of a dimension of the first board in a region other than the notch groove” (claim 7).
Regarding newly amended claim 4, Kim teaches the battery of claim 1, wherein said at least one or more notch safety vent(s) (e.g. item 125 or 225 and 226) may be located on at least one of said second walls and have said line shape that is oriented in the middle thereof and parallel to said longitudinal side of said pair of second walls of the can, wherein said at least one or more notch safety vent(s)may be composed of said notch (e.g. item 225) and said auxiliary notch (e.g. item 226), said notch formed on said inside surface of said battery can and said auxiliary notch formed on said outside surface of said battery can corresponding with said notch, such that only said thin-wall portion remains between said notch and said auxiliary notch, wherein said thin-wall portion corresponding with the claimed “joint” and a structure associated with one resulting from a “welding” process (see e.g. supra), wherein the process limitations “welding” and “weld is formed at a joint” does not patentably distinguish the instant invention, see also e.g. MPEP § 2113, reading on “the weld runs through the board along the length direction,” as claimed.
Regarding newly amended claim 8, Kim teaches the battery of claim 1, wherein said pair of plate-shaped first walls (e.g. items 121 or 221), the broad surfaces of said plate-shaped first walls in the length and width directions; and, said pair of plate-shaped second walls (e.g. items 122 or 222), the broad surfaces of said plate-shaped second walls in the length and thickness directions, wherein said first walls and said second walls intersecting one another at right angles, said length direction is greater than said width direction, and said width direction is greater than said thickness direction,
(e.g. supra), reading on the limitation “an area of the first board is less than an area of the second board.”
Regarding claims 10-11 and 13-15, Kim is applied as provided supra, with the following modifications.
Still regarding newly amended independent claim 10 and independent claim 14, Kim teaches said lithium ion secondary battery (e.g. item 100 or 200), but does not expressly teach it comprises “a plurality of battery cells arranged side by side along a thickness direction of each of the plurality of battery cells,” wherein “each of the plurality of battery cells” is as claimed identically as in claim 1 (claims 10 and 14) or the “electrical device comprising a battery” (claim 14).
However, it would have been obvious to a person of ordinary skill in the art to connect two or more batteries together, since such a connection would increase the current and/or voltage of said resulting battery, which is also an “electrical device comprising a battery.”
Further, it would have been obvious to a person of ordinary skill in the art to arrange said two or more batteries next to one another in said thickness direction, in order to minimize the length of a interconnector used to connect said batteries, since minimizing the length of such an interconnector would minimize the amount of material used, potential current loss due to e.g. resistance, and/or cost of said interconnector, reading on said claims.
Still regarding newly amended claims 11 and 15, Kim teaches said battery of claims 10 and 14, wherein said third wall (e.g. item 123), the broad surfaces of said plate-shaped third wall in the width and thickness directions; and, said at least one or more notch safety vent(s) (e.g. item 125 or 225 and 226) may be located on at least one of said first walls and have a line shape that is oriented in the middle thereof and parallel to a longitudinal side of said pair of second walls of the can, wherein said at least one or more notch safety vent(s)may be composed of said notch (e.g. item 225) and said auxiliary notch (e.g. item 226), said notch formed on said inside surface of said battery can and said auxiliary notch formed on said outside surface of said battery can corresponding with said notch, such that only said thin-wall portion remains between said notch and said auxiliary notch (e.g. supra), but does not expressly teach said notch safety vent(s) located on said third wall, such that it reads on the newly amended limitation “the first board of one battery cell of the plurality of battery cells is located at a bottom of the one battery cell with respect to a vertical direction of the one battery cell.” (claims 11 and 15).
However, since a pressure event would result in gas passing through said battery can, and it would have been obvious to oriented said notch safety vent of claim 1 so that it is at a bottom of at least one battery cell with respect to a vertical direction of said at least one battery cell, in order to direct said gas in a desired direction, see also e.g. MPEP § 2144.04(VI)(C), noting that rearrangement of parts is an obvious matter of design choice, reading on said limitations.
Response to Arguments
Applicant’s arguments filed August 22, 2025 have been fully considered but they are not persuasive.
First, the applicant alleges the following.
Independent claim 1 recites a battery cell including, for example, “an electrode assembly disposed in the accommodation space, the electrode assembly including a plurality of electrode plates stacked along the thickness direction, and the electrode plates being stacked together with the second board along the thickness direction, one or more gaps between adjacent electrode plates being disposed opposite to the first board...” (Emphasis added). Kim fails to disclose or suggest at least these elements.
Some of the above-quoted elements were previously similarly recited in claim 9. In the rejection of claim 9, the Office alleges that Kim discloses Applicant’s electrode plates, referring to positive electrode plates 111 and negative electrode plates 112 of Kim for support. Office Action at 9.
Kim is directed to a lithium ion secondary battery in which a safety vent as a safety device for a swelling phenomenon functions under a low pressure. Kim, Abstract. Applicant notes that as shown in FIG. 1B of Kim and as acknowledged by the Office on page 10 of the Office Action, the positive electrode plates 111 and the negative electrode plates 112 of Kim are wound electrode plates. Accordingly, it is clear that Kim fails to disclose or suggest “one or more gaps between adjacent electrode plates being disposed opposite to the first board,” as recited in amended claim 1.
In view of the above, the Office has neither properly determined the scope and content of the cited references nor properly ascertained the differences between the claimed invention and the cited references. Moreover, the Office has articulated no reason as to why one of ordinary skill in the art would find the claimed combination obvious in view of the references, despite these differences. For at least this reason, no prima facie case of obviousness has been established with respect to claim 1. Claim 1 is thus allowable.
(Remarks, at 9:2-10:1, emphasis in the original.)
In response, the examiner respectfully refers supra.
Further, regarding the claimed “gaps between adjacent electrode plates” limitation the argument is not commensurate with the scope of the claim, as claimed, and that of the disclosure.
Here, an isolation film is provided between adjacent oppositely charged electrode plates, noting oppositely charged electrode plates must be kept separate from one another—i.e. with a gap—to avoid shorting the battery. Said isolation film fills said gap and isolates said oppositely charged electrode plates, reading on the claim, as claimed.
Finally, regarding the location of said gap being “opposite to the first board,” the examiner respectfully refers supra, also referencing Annotated Figure 1B, for ease of illustration.
Second, the applicant alleges the following.
Independent claims 10 and 14, although different in scope from independent claim 1, recite elements similar to those of claim 1 discussed above. Thus, for reasons similar to those discussed above, claims 10 and 14 are allowable. Claims 2, 4-8, 11, 13, and 15 are also allowable at least by virtue of their dependence from claim 1, 10, or 14. Claim 9 is canceled without prejudice, rendering its rejection moot.
(Remarks, at 10:2.)
In response, the examiner respectfully refers supra.
Third, the applicant alleges the following.
Applicant further notes that as recited in claims 2 and 8, Applicant's first board is the smaller board where the pressure relief mechanism is disposed. In contrast, the notch 125 of Kim is formed on the larger walls 121 of Kim. Accordingly, claims 2 and 8 are allowable also on their own merits.
(Remarks, at 10:3.)
In response, the examiner respectfully refers supra.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
He et al (US 2021/0175572); and,
Goda et al (US 2003/0077505).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSHITOSHI TAKEUCHI whose telephone number is (571)270-5828. The examiner can normally be reached M-F, 8-4.
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/YOSHITOSHI TAKEUCHI/Primary Examiner, Art Unit 1723