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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/16/26 has been entered.
Response to Arguments
The following is in response to the applicant’s remarks filed 12/22/25.
The applicant submits that the amendments overcome the previous rejection.
The examiner agrees, and the previous rejection is withdrawn. A new basis for rejection appears below as necessitated by amendment.
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, and 3 – 5 are rejected under 35 U.S.C. 103 as being unpatentable over Gyulai, US20230187737A1, Guen, US20150072189A1, and Okada, US6174620B1.
Regarding claim 1, Gyulai teaches a secondary battery (battery (10)) comprising:
an electrode assembly comprising a first electrode plate, a second electrode plate, and a separator between the first electrode plate and the second electrode plate (inner workings of lithium ion cell disposed within case)[0030][0040];
a can (housing (12))[fig. 1] accommodating the electrode assembly and having a pipe shape and having a thickness varying along a circumference of the pipe shape (varied thickness around the edges)[0018][fig, 7];
the can comprising a first short side, a second short side, a first long side, and a second long side facing the first long side (four sides)[fig. 5]
a first side plate sealing a first end of the can; a second side plate sealing a second end of the can (two covers (16))[0044];
a first side terminal electrically connected to the first electrode plate and exposed to the outside through the first side plate; and a second side terminal electrically connected to the second electrode plate and exposed to the outside through the second side plate (cell terminals (20))[0046][fig. 3] and
a safety vent (vent (22)) configured to rupture on one side of rupture on one of the first short side, the second short side, the first long side, or the second long side of the can [fig. 2][0020]
Gyulai does not teach a safety vent comprising a notch, and wherein a maximum thickness of the one of the first short side, the second short side, the first long side, and the second long side facing the first long side of the can is larger than a maximum thickness of another one of the first short side, the second short side, the first long side, and the second long side facing the first long side of the can.
Guen teaches a secondary battery (101) comprising a pipe shaped can (case (27)) with an electrode assembly (10) accommodated within the can [0003][fig. 2] wherein the can further comprises a safety vent (39) comprising a notch (39a)[fig. 2] wherein the notch is configured to allow the vent to open at a setpoint pressure [0046]. Then, it would have been obvious to one of ordinary skill in the art before the filing date to combine the notch of Guen into the vent of Gyulai to allow the vent to open at a setpoint pressure.
Okada teaches a secondary battery having a prismatic housing wherein the thickness of each of the first short side and the second short side is greater than the thickness of each of the first long side and the second long side [col. 2 lin. 20 – 35]. Further, Okada teaches wherein the varying the thickness of the casing allows for greater structural support while reducing weight [col. 6 lin. 23 – 32]. Then, it would have been obvious to one of ordinary skill in the art to combine the teaching for greater thickness on the short sides in Okada into the battery of combined Gyulai to improve structural support while reducing weight. Consequently, the vent of Gyulai which is formed on the short side is thereby formed on a side having a greater maximum thickness than that of another side.
Regarding claim 3, combined Gyulai teaches the secondary battery of claim 2.
Further, Okada teaches wherein the thickness of each of the first short side and the second short side is greater than the thickness of each of the first long side and the second long side [col. 2 lin. 20 – 35].
Regarding claim 4, combined Gyulai teaches the secondary battery of claim 2.
Further, Gyulai teaches wherein a safety vent (22) is on the second short side [fig. 2].
Further, Okada teaches the thickness of the second short side is greater than the thickness of each of the first long side, or the second long side [col. 2 lin. 20 – 35].
Regarding claim 5, combined Gyulai teaches the secondary battery of claim 4.
Further, Gyulai teaches wherein a hole (22) is formed in the second short side, and the safety vent (closure element (24)) is on the hole to be fixed by lap welding (welding)[0020][fig. 1][fig. 2]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICK M GREENE whose telephone number is (571)270-1340. The examiner can normally be reached M-F 8-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at (571)270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PATRICK MARSHALL GREENE/Examiner, Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724