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 6/3/26.
The applicant submits that the amendments overcome the cited art.
The examiner respectfully disagrees. The applicant’s argument that the compression applied to the sealing member of Kim is patentably distinct from the newly amended pretension is considered unpersuasive. By the broadest reasonable interpretation of the claim, a compression force is considered to be a reasonable interpretation of pretension in view of the instant application. Separately, Kim teaches the terminating element receptable (top opening (14)) to be tapered [fig. 2A].
Then, the rejection is maintained.
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, 7, 10 – 13, 18 – 20 are rejected under 35 U.S.C. 102(a)(1)(a)(2) as anticipated by Kim, US20110294002A1.
Regarding claim 1, Kim teaches a prismatic battery cell (secondary battery)[0002],
comprising: a cell housing (case body (10))[fig. 2A] and several electrodes arranged in an interior of the cell housing (electrode assembly)[0026] some of which are electrically connected to a first cell terminal accessible from outside the cell housing, and some to a second cell terminal also accessible from outside the cell housing (positive terminal (40) and negative terminal (not shown))[0043][fig. 2A],
wherein the first cell terminal is arranged on a first side of the cell housing and the second cell terminal is arranged on a second side of the cell housing opposite the first side [0043][fig, 2A],
wherein one of the cell terminals is arranged on a terminating element which is materially connected to the cell housing and which closes an insertion opening configured in the cell housing (cap plate (20) welded to case body (10))[0041][fig. 2B], and
wherein the terminating element (cap plate (20)) is sealingly connected to the cell housing (case body (10)) via a circumferential sealing (sealing member (50)) in order to sealingly close the insertion opening in relation to an external environment of the battery cell (seals battery housing)[0054][fig. 2B]
wherein the cell housing (10) has a terminating element receptacle (top opening (14)) which is encompassed by a circumferential step formed on the cell housing [fig. 2A],
the terminating element receptable (top opening (14)) configured to at least partially receive the terminating element (cap plate (20))[fig. 2A][fig. 2B], wherein the terminating element receptacle which is encompassed by a circumferential step formed on the cell housing (stepped portion (16))[fig. 2A], wherein the insertion opening is a mouth opening of the terminating element receptacle facing the external environment (top of battery open to the external environment)[fig. 2A], wherein the terminating element receptacle is a stepped receptacle that tapers in a direction toward the interior due to the circumferential step (stepped portion (16)), wherein the terminating element is supported on the circumferential step via by the circumferential sealing (sealing member (50)), and wherein the circumferential sealing is clamped between the terminating element and the circumferential step by a clamping force acting on the circumferential sealing such that the circumferential sealing rests on the terminating element and on the circumferential step with pretension (sealing member (50) is compressed to form a seal)[0049][0065]
the second terminal (negative terminal (not shown))[0043] is arranged on a further terminating element (inherent structure) which is materially connected to the cell housing and which closes a further insertion opening (bottom (not shown)) side of a case (10) configured in the cell housing, (case body (10)) wherein the further terminating element (inherent structure) is sealingly connected to the cell housing via a further circumferential (inherently circumferential) sealing in order to tightly close the further insertion opening in relation to the external environment of the battery cell (case is sealed) [0005][0041][0043].
Regarding claim 2, Kim teaches the prismatic battery cell according to claim 1, wherein the material connection of the terminating element to the cell housing is present along a circumferential connecting seam (weld performed around the boundary of cap and case)[0053].
Regarding claim 3, Kim teaches the prismatic battery cell according to claim 2, wherein the connecting seam is present as a weld seam (weld)[0053]
Regarding claim 4, Kim teaches the prismatic battery cell according to claim 2, wherein the connecting seam is arranged on a side of the sealing facing the external environment along an imaginary flow path between the external environment and the interior (weld on outside)[fig. 2B].
Regarding claim 5, Kim teaches the prismatic battery cell according to claim 2, wherein the sealing is arranged at a distance from the connecting seam (sealing member (50) and weld inherently posses a distance between one another)[fig. 2AB]
Regarding claim 7, Kim teaches the prismatic battery cell according to claim 1, wherein the sealing is integrally configured with the terminating element or the cell housing (seal being a weld)[0053].
Regarding claim 10, Kim teaches the prismatic battery cell according to claim 1, wherein the cell housing (10) is configured as a hollow cylinder (cylindrical)[0045] and has the insertion opening on the first side (top opening (14))[fig. 2A] and the further insertion opening on the second side (bottom opening (not shown))[0043].
Regarding claim 11, Kim teaches the prismatic battery cell according to claim 3, wherein the connecting seam is arranged on a side of the sealing facing the external environment along an imaginary flow path between the external environment and the interior (weld on the outside)[fig. 1].
Regarding claim 12, Kim teaches the prismatic battery cell according to claim 3, wherein the sealing is arranged at a distance from the connecting seam (sealing member (50) and weld inherently possess a distance between one another)[fig. 2AB].
Regarding claim 13, Kim teaches the prismatic battery cell according to claim 4, wherein the sealing is arranged at a distance from the connecting seam (sealing member (50) and weld inherently possess a distance between one another)[fig. 2AB].
Regarding claim 18, Kim teaches the prismatic battery cell according to claim 2, wherein the sealing is integrally configured with the terminating element or the cell housing (seal being a weld)[0053].
Regarding claim 19, Kim teaches the prismatic battery cell according to claim 3, wherein the sealing is integrally configured with the terminating element or the cell housing (seal being a weld)[0053].
Regarding claim 20, Kim teaches the prismatic battery cell according to claim 4, wherein the sealing is integrally configured with the terminating element or the cell housing (seal being a weld)[0053].
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 PATRICK M GREENE whose telephone number is (571)270-1340. The examiner can normally be reached M-F 8-5.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, 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
