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 .
Response to Arguments
The following is in response to the applicant’s remarks filed 10/22/25.
The applicant submits that the amendments overcome the previous grounds of rejection, and that further the new claims are patentable over the cited art.
The examiner agrees that the amendments overcome the previous grounds of rejection. A new interpretation of Matsuura is presented below addressing the amended limitations. In short, the broadest reasonable interpretation of a step part comprising a corner part is anticipated by the teachings of Matsuura wherein the step part (base of protrusion) comprises a corner part (tip of protrusion).
Regarding the new claims, new grounds of rejection are presented below.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 – 5, 9 – 11, and 13 are rejected under 35 U.S.C. 102(a)(1) by Matsuura, JP2018081789A (IDS 12/05/2023, machine translation attached for citations).
Regarding claim 1, Matsuura teaches a manufacturing method of a battery [pg. 1 para. 1], the battery comprising:
one or a plurality of electrode bodies each provided with a positive electrode and a negative electrode [pg. 1 para. 1]; and
a battery case (10) that is configured to accommodate the electrode body (20) and comprises an outer package (12) and a sealing plate (14) configured to seal an opening part (opening of case (12)) of the outer package [fig. 1],
the manufacturing method comprising:
a fitting step for abutting at least one portion of the outer package and the sealing plate and for deforming the outer package and/or the sealing plate so as to fit the outer package and the sealing plate (fitting step)[pg. 4 para. 2]; and
a joining step for joining the outer package and the sealing plate (pressing step)[pg. 4 para. 2]
wherein a step part (bases of protrusions (16) of uneven surface (F)) comprising a corner part (tips of protrusions (not labeled)) exists at a vicinity of the opening part [fig. 1] on the outer package, and in the fitting step, the corner part is bitten into the sealing plate.
Regarding claim 2, Matsuura teaches the manufacturing method of the battery according to claim 1, wherein the outer package comprises a bottom wall, a pair of first side walls that extend from the bottom wall and are opposed mutually, a pair of second side walls that extend from the bottom wall and are opposed mutually, and an opening part that is opposed to the bottom wall, an area of the first side wall is larger than the second side wall, and the sealing plate is formed in a rectangular shape [fig. 1][fig. 4].
Regarding claim 3, Matsuura teaches the manufacturing method of the battery according to claim 2, wherein at the fitting step, at least a portion of the sealing plate is arranged inside the opening part of the outer package so as to perform the fitting (fitting step)[pg. 4 para. 2], and at the joining step, the outer package and the sealing plate are joined while the pair of first side walls are pressed to an inside of the outer package (pressing step)[pg. 4 para. 2].
Regarding claim 4, Matsuura teaches the manufacturing method of the battery according to claim 2, wherein at the fitting step, the outer package and the sealing plate are fit on at least a side of short side of the rectangular sealing plate (fitting step)[pg. 4 para. 2][fig. 6].
Regarding claim 5, Matsuura teaches the manufacturing method of the battery according to claim 1, wherein any one among the at least one portion of the outer package and the sealing plate to be abutted comprises a R surface or a C surface, and other one to be abutted comprises a corner part for deforming the R surface or the C surface (surfaces of lid (14) and case (12) abutting)[fig. 8].
Regarding claim 9, Matsuura teaches the manufacturing method of the battery according to claim 5, wherein at the fitting step, a fit part is formed (portion of lid (14) which connects with protrusions of case (12)), and the fit part comprises a recessed part (recessions formed in lid (14) by the protrusions) formed by the corner part (tips of protrusions (16)) to make a depth in a thickness direction of the sealing plate (14) be within a range of 0.01 mm to 0.3 mm (dimension A = 0.1 mm of protrusions extends in a thickness direction)[pg. 5 para. 6][fig. 5]
Regarding claim 10, Matsuura teaches a battery comprising:
one or a plurality of electrode bodies each provided with a positive electrode and a negative electrode [pg. 1 para. 1]; and
a battery case (10) that is configured to accommodate the electrode body (20) and comprises an outer package (12) and a sealing plate (14) configured to seal an opening part of the outer package [fig. 1], wherein
a fit part (pressing area (14b) of lid (14)) exists in which any one among at least one portion of the outer package and at least one portion of the sealing plate is bitten [fig. 6][fig. 11] by other one, and the outer package and the sealing plate are joined (pressing step)[pg. 4 para. 2].
wherein a step part (bases of protrusions (16) of uneven surface (F)) comprising a corner part (tips of protrusions (not labeled)) exists at a vicinity of the opening part [fig. 1] on the outer package, and in the fitting step, the corner part is bitten into the sealing plate.
Regarding claim 11, Matsuura teaches the battery according to claim 10, wherein
a padding part exists at a vicinity of the fit part of the bitten one among the at least one portion of the outer package or the at least one portion of the sealing plate (portion of lid (14) capable of being bitten by projection portions (16a))[fig. 2][fig. 8]. The padding part as described in the instant specification is not clear, and is only described as being a part that exists in the vicinity of the fit part. Then, by the broadest reasonable interpretation, the portion of the lid (14) at the area of the fit part is sufficient in teaching the padding part.
Regarding claim 13, Matsuura teaches the battery according to claim 10, wherein
the fit part comprises a recessed part in which a depth in a thickness direction of the sealing plate is within a range of 0.01 mm to 0.3 mm (A = 0.1 mm)[pg. 5 para. 6][fig. 5]
Claims 18 and 19 are rejected under 35 U.S.C. 102(a)(1)(a)(2) by Yong, US20060244416A1.
Regarding claim 18, Yong teaches a manufacturing method of a battery, the battery comprising:
one or a plurality of electrode bodies each provided with a positive electrode and a negative electrode (electrode assembly (51))[0011][fig. 6]; and
a battery case (case (52)(53))[fig. 6] that is configured to accommodate the electrode body (51) and comprises an outer package (lower case (52)) and a sealing plate (upper case (53)) configured to seal an opening part of the outer package [fig. 6][fig. 9],
the manufacturing method comprising: a fitting step for abutting at least one portion of the outer package and the sealing plate and for deforming the outer package and/or the sealing plate so as to fit the outer package and the sealing plate (welding ridge (61) of the upper case (53) is fitted into the lower case (52))[0014][fig. 10]; and
a joining step for joining the outer package and the sealing plate, wherein the sealing plate includes a corner part (ridge (61)), and in the fitting step, the corner part of the sealing plate is embedded into an inner surface of the outer package (welding ridge (61) of the upper case (53) is embedded into an inner surface (71) of the lower case (52))[fig. 10][fig. 11].
Regarding claim 19, Yong teaches the manufacturing method of the battery according to claim 18, wherein an inner surface of the outer package comprises a tapered portion (stepped portion creating welding area (71) of lower case (52)), in the fitting step, the corner part of the sealing plate (welding ridge (61)) is caused to bite into the tapered part (welded into stepped portion of lower case (52))[0014][fig. 11].
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 8 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Matsuura, JP2018081789A as applied to claims 5 and 10 above.
Regarding claim 8, Matsuura teaches the manufacturing method of the battery according to claim 5, wherein at the fitting step, the at least one portion of the outer package and the sealing plate are abutted to make an acute angle, defined by a direction in which the bottom wall extends and by a tangential line at a portion where the R surface or the C surface and the corner part come into contact with each other, be within a range of 10° to 45° (30 – 90° taught)[pg. 4 para. 1]. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists [MPEP 2144.05 I].
Regarding claim 12, Matsuura teaches the battery according to claim 10, wherein
the fit part comprises a recessed part, and an acute angle defined by a direction in which the bottom wall extends and by a tangential line at the recessed part is within a range of 10° to 45° (30 – 90° taught)[pg. 4 para. 1]. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists [MPEP 2144.05 I].
Claims 6 and 14 – 17 are rejected under 35 U.S.C. 103 as being unpatentable over Matsuura, JP2018081789A as applied to claims 1, 5, and 10 above and further in view of Yong, US20060244416A1.
Regarding claim 6, Matsuura teaches manufacturing method of the battery according to claim 5.
Matsuura does not teach wherein the R surface or the C surface exists at a portion opposed to the bottom wall on the sealing plate.
Yong teaches a manufacturing method of a battery, the battery comprising: one or a plurality of electrode bodies each provided with a positive electrode and a negative electrode (electrode assembly (51))[0011][fig. 6]; and a battery case (case (52)(53))[fig. 6] that is configured to accommodate the electrode body (51) and comprises an outer package (lower case (52)) and a sealing plate (upper case (53)) configured to seal an opening part of the outer package [fig. 6][fig. 9] comprising a corner part (welding ridge (61) of the upper case (53) is embedded into an inner surface (71) of the lower case (52))[fig. 10][fig. 11].
wherein the R surface or the C surface (welding surface (71)) exists at a portion opposed to the bottom wall on the sealing plate (opposed to bottom of upper case (53))[fig. 9]. Further, Yong teaches that the corner part (welding ridge) can be reversed to be on the sealing plate or the outer packaging (upper or lower case)[0054]. Then, it would have been obvious to one of ordinary skill in the art before the filing date to combine the teaching for an R or C surface opposed to the bottom wall as in Yong into the method of Matsuura as an obvious rearrangement of parts.
Regarding claim 14, Matsuura teaches manufacturing method of the battery according to claim 1.
Matsuura does not teach wherein at the fitting step the sealing plate is moved in a downward direction.
Yong teaches a manufacturing method of a battery, the battery comprising: one or a plurality of electrode bodies each provided with a positive electrode and a negative electrode (electrode assembly (51))[0011][fig. 6]; and a battery case (case (52)(53))[fig. 6] that is configured to accommodate the electrode body (51) and comprises an outer package (lower case (52)) and a sealing plate (upper case (53)) configured to seal an opening part of the outer package [fig. 6][fig. 9] comprising a corner part (welding ridge (61) of the upper case (53) is embedded into an inner surface (71) of the lower case (52))[fig. 10][fig. 11].
wherein at the fitting step the sealing plate is moved in a downward direction (coupling portions upper (53) and lower case (52) come together in a downward direction)[fig. 10][fig. 11]. Further, Yong teaches that the fitting step performed as such allows for reduced battery thickness [0061] while maintaining stable fixing [0062]. Then, it would have been obvious to one of ordinary skill in the art before the filing date to combine the fitting step of Yong into the method of Matsuura to reduce thickness while maintaining stable fixing.
Regarding claim 15, Matsuura teaches manufacturing method of the battery according to claim 1.
Matsuura does not teach wherein the corner part is defined by: a first surface extending substantially in a thickness direction of the sealing plate, and a second surface extending substantially perpendicular to the first surface.
Yong teaches a manufacturing method of a battery, the battery comprising: one or a plurality of electrode bodies each provided with a positive electrode and a negative electrode (electrode assembly (51))[0011][fig. 6]; and a battery case (case (52)(53))[fig. 6] that is configured to accommodate the electrode body (51) and comprises an outer package (lower case (52)) and a sealing plate (upper case (53)) configured to seal an opening part of the outer package [fig. 6][fig. 9] comprising a corner part (welding ridge (61) of the upper case (53) is embedded into an inner surface (71) of the lower case (52))[fig. 10][fig. 11].
wherein the corner part is defined by: a first surface extending substantially in a thickness direction of the sealing plate (height of welding ridge (61) extends in the thickness direction), and a second surface extending substantially perpendicular to the first surface (width of welding ridge extending perpendicular to the height)[fig. 9].
Further, Yong teaches that the corner part as such allows for reduced battery thickness [0061] while maintaining stable fixing [0062]. Then, it would have been obvious to one of ordinary skill in the art before the filing date to combine the corner part of Yong into the method of Matsuura to reduce thickness while maintaining stable fixing.
Regarding claim 16, Matsuura teaches battery according to claim 10.
Matsuura does not teach wherein, the sealing plate includes a bite-in portion having a stepped portion on a surface of the sealing plate facing the electrode body.
Yong teaches a manufacturing method of a battery, the battery comprising: one or a plurality of electrode bodies each provided with a positive electrode and a negative electrode (electrode assembly (51))[0011][fig. 6]; and a battery case (case (52)(53))[fig. 6] that is configured to accommodate the electrode body (51) and comprises an outer package (lower case (52)) and a sealing plate (upper case (53)) configured to seal an opening part of the outer package [fig. 6][fig. 9] comprising a corner part (welding ridge (61) of the upper case (53) is embedded into an inner surface (71) of the lower case (52))[fig. 10][fig. 11].
wherein, the sealing plate (lower case (53) having welding surface (71) when reversed)[0054] includes a bite-in portion (welding surface configured to receive welding ridge (61)) having a stepped portion on a surface of the sealing plate facing the electrode body ( stepped shaped coupling protrusions formed on both upper and lower case)[fig. 9][fig. 17] facing electrode assembly (battery (100))[fig. 17].
Further, Yong teaches that the sealing plate bite-in portion allows for reduced battery thickness [0061] while maintaining stable fixing [0062]. Then, it would have been obvious to one of ordinary skill in the art before the filing date to combine the sealing plate bite-in portion of Yong into the method of Matsuura to reduce thickness while maintaining stable fixing.
Regarding claim 17, Matsuura teaches battery according to claim 10.
Matsuura does not teach wherein, the sealing plate comprises an opposing surface adjacent to the outer package, and the opposing surface is above the corner part in a thickness direction.
Yong teaches a manufacturing method of a battery, the battery comprising: one or a plurality of electrode bodies each provided with a positive electrode and a negative electrode (electrode assembly (51))[0011][fig. 6]; and a battery case (case (52)(53))[fig. 6] that is configured to accommodate the electrode body (51) and comprises an outer package (lower case (52)) and a sealing plate (upper case (53)) configured to seal an opening part of the outer package [fig. 6][fig. 9] comprising a corner part (welding ridge (61) of the upper case (53) is embedded into an inner surface (71) of the lower case (52))[fig. 10][fig. 11].
wherein, the sealing plate (upper case) comprises an opposing surface (460) adjacent to the outer package (lower case), and the opposing surface is above the corner part (welding ridge (61) in a thickness direction (coupling groove (460) of lower case)[fig. 9][fig. 17][0061].
Further, Yong teaches that an opposing surface adjacent to the outer package allows for reduced battery thickness [0061] while maintaining stable fixing [0062]. Then, it would have been obvious to one of ordinary skill in the art before the filing date to combine an opposing surface adjacent to the outer package of Yong into the method of Matsuura to reduce thickness while maintaining stable fixing.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 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
/STEWART A FRASER/Primary Examiner, Art Unit 1724