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
Applicant’s arguments with respect to claim(s) 1-3, 5-7, and 10-12 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Specifically, the features which the applicant discusses in regards to the recess and protrusion are addressed in view of Enomoto, as presented below, and the features in regards to the connecting portion are addressed in view of You, as presented below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-3, 5-7, and 10-12 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "the connecting portion" in line 27 of the claim. There is insufficient antecedent basis for this limitation in the claim. Claim 1 does provide antecedent basis for “the connecting member”. For the purpose of examination, the connecting portion is interpreted as being the connecting member of claim 1.
Claims 2-3, 5-7, and 10-12 are rejected due to their dependence on indefinite claim 1.
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.
Claim(s) 1-3, 5-7, and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable by Feng (CN 114628866 A) in view of Enomoto (US 20210119286 A1) and further in view of You (US 20210305651 A1).
Regarding Claim 1, Feng discloses a battery (Abstract, “The invention provides a high-energy-density cylindrical battery and an assembling process thereof,”) comprising a battery casing including a casing member 21 (Paragraph 0062, “A high-energy-density cylindrical battery, as shown in Figures 1 to 19, includes a casing assembly 2 including a casing 21”) and a cover plate 5 (Abstract, “and a cover plate”) which are connected to form an accommodation space, as depicted in Feng’s figure 2. Additionally, Feng discloses structure which comprises a cell 1 arranged in the accommodation space (Paragraph 0062, “a winding core 1,”), also depicted in Feng’s figure 2, as well as a connecting member connecting the cell and the battery casing, here a bus plate 3 which is connected with the cell and battery casing (Paragraph 0062, “the top of the No. 1 bus plate 3 is integrally welded with the casing 21 and the cover plate 5.”), and which further extends through the accommodation space, as shown in Feng’s figure 3 below. Accordingly, where the connecting member extends through the accommodation space, it is at least in part arranged in the accommodation space.
Additionally, Feng discloses structure wherein the casing member is provided with a position-limiting portion for limiting a position of the connecting member, depicted in Feng’s figure 3, where the position of the bus plate 3 is limited by the shape of the housing 21, figure 3 of Feng depicted below.
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Additionally, Feng discloses structure wherein the casing member, the cover plate, and the connecting member are connected by welding (Paragraph 0062, “the top of the No. 1 bus plate 3 is integrally welded with the casing 21 and the cover plate 5”).
Additionally, Feng discloses structure wherein the connecting member 3 comprises a main body portion, the entire lower portion of the connecting member 3, wherein the main body portion is in contact with the position-limiting portion on the casing member, as discussed above in regards to claim 1.
Additionally, Feng discloses structure wherein the connecting member comprises a protruding portion, which is flange 33 (Paragraph 0072, “a flanging platform 33”), which extends towards an upper side of the main body portion, that side being adjacent to the cover plate 5.
Additionally, Feng discloses structure wherein the protruding portion and the cover plate are welded (Paragraph 0088, “the cover plate 5 and the No. 1 busbar 3 are directly welded together at one time (X in Fig. 3)”).
Additionally, Feng discloses structure wherein the casing member comprises a first casing segment arranged adjacent to the cover plate, here the upper portion of the flange of the casing member 21 positioned adjacent to the position limiting portion, as depicted in Feng’s figure 3.
Additionally, Feng discloses structure which comprises a second casing segment connected to the first casing segment, here the lower portion of the casing member 21 which is adjacent to the battery cell 1, as depicted in Hong’s figure 3,
Additionally, in regards to the limitation of the instant claim which requires structure wherein a recess is provided on the casing member and the recess forms the position limiting portion, wherein the position limiting portion is recessed inward in a radial direction from the casing member to the cell, and a protrusion is formed on the position limiting portion, protruding in the radial direction towards the accommodation space, and which is opposite to the recess in the radial direction, and a lower surface of the main body portion contacts the protrusion, Feng fails to disclose said structure. Therefore, we look to Enomoto, which is an analogous art to the instant application, being directed towards the art of batteries (Abstract, “A cylindrical battery with an opening sealing body that seals an opening of a battery can.”). Here, Enomoto discloses a battery case which has a recess 22a provided in the casing member 22 (Paragraph 0058, “An annual groove 22a is formed in the vicinity of the opening end of the battery can 22.”), which forms a position limiting portion as shown in their figure 1, where the position limiting portion constitutes an upper bound of the electrode assembly 18 and insulating plate 23. Here, the recess 22a is recessed inward from a radial direction from the casing member towards the cell.
Accordingly, the lower bound of the recess material is the position limiting portion, and the material of the casing which makes up the recess constitutes a protrusion which is formed on the recess limiting portion. As depicted in figure 1, the material of the casing which is recessed protrudes in the radial direction towards the accommodation space, and is opposite to the recess in the radial direction, where the recess is at an outermost portion of the radial direction, and the protrusion is inward in the radial direction. Additionally, a lower surface of the main body portion of their battery contacts the protrusion through transitive contact, where all of the battery’s components are interconnected as shown in figure 1.
Here, Enomoto discloses that their recess structure allows for hermetic sealing of their battery via a gasket (Paragraph 0028, “An opening sealing body 11 is caulking-fixed to the opening of the battery can 22 via a gasket 21. Thus, the battery inside is hermetically sealed.”) and that the structure further allows for the accommodation of insulating plates adjacent to their battery electrode group (Paragraph 0058, “An annual groove 22a is formed in the vicinity of the opening end of the battery can 22. A first insulating plate 23 is disposed between one end face of the electrode group 18 and the annual groove 22a.”). Here, where Feng discloses that their battery is sealed (Paragraph 0069, “and the lower part is used for welding with the cap 6 and for sealing after liquid injection or formation;”) and insulated through the use of their insulating member 24, it would be obvious to apply this structure of Enomoto to the invention of Feng, thereby reading upon and making obvious the limitation of the instant claim.
Additionally, Feng discloses structure wherein the casing member comprises a first casing segment arranged adjacent to the cover plate, here the upper portion of the flange of the casing member 21 positioned adjacent to the position limiting portion, as depicted in Feng’s figure 3.
Additionally, Feng discloses structure which comprises a second casing segment connected to the first casing segment, here the lower portion of the casing member 21 which is adjacent to the battery cell 1, as depicted in Feng’s figure 3,
Additionally, the connecting member 3 of Feng comprises a first connection portion electrically connected to the cell, as the connecting member 3 is a busbar (Paragraph 0073, “[0073] The welding portion 31 is formed by punching the No. 1 busbar 3 , and the welding portion 31 is used for welding with the tabs of the winding core. After the No. 1 busbar 3 is welded with the winding core”). Additionally, Feng discloses a second connection portion which forms the protruding portion 33 and is electrically connected to the battery casing, as shown in Feng’s figure 3, where the protrusion portion 33 is integral with the busbar 3 which is the first connecting portion. Additionally, in regards to the limitation which requires a first buffer portion, both ends of the buffer portion being respectively connected to the first connection portion and second connection portion, the cover plate 5 is connected in said manner, where all of the ends of the cover plate 5 are connected to the connection portions as shown in figure 3.
Here, in regards to the limitation which requires that the buffer portion be configured to be elastically deformed to avoid stress concentration on the connecting member when the second connection portion is contracted, Feng fails to disclose said structure. Therefore we look to You, which is an analogous art to the instant application, being directed toward the art of battery modules and covers (Abstract, “A battery module includes a battery cell assembly having a plurality of battery cells stacked on each other; a pair of end plates provided at both sides of the battery cell assembly; and a cover frame coupled to the pair of end plates to cover the battery cell assembly,”). Here, You teaches the benefits of elastic deformation of battery cover components, teaching that the use of elastically deforming portions prevents undue pressing force and stress from being placed on internal battery components when a deformation occurs (Paragraph 0043, “Accordingly, in this embodiment, it is possible to effectively prevent the inner pressing force of the battery module 10 from increasing beyond a predetermined magnitude by means of the elastic deforming portion 350 when the plurality of battery cells 110 are inflated.”; Paragraph 0044, “Thus, in this embodiment, when the plurality of battery cells 110 are inflated, the elastic deforming portion 350 may prevent the pressing force of the battery module 10 from increasing beyond a predetermined magnitude, thereby significantly reducing the risk of damage of the battery cells 110 or the cover frame 300.”). Based on this teaching, it would be obvious to one ordinarily skilled in the art to make use of elastically deformable parts for the casing and cover of the battery of Feng, thereby resulting in structure where the buffer portion is configured to be elastically deformed to avoid stress concentration of the connecting member when the second connection portion is contracted.
Regarding Claim 2, modified Feng makes obvious the invention of Claim 1. Additionally, Feng discloses structure wherein the connecting member 3 is engaged with the position-limiting portion, as depicted in Feng’s figure 3.
Regarding Claim 3, modified Feng makes obvious the invention of Claim 1. Additionally, Feng discloses structure wherein the casing member, the cover plate, and the connecting member are connected by one-time welding (Paragraph 0062, “the top of the No. 1 bus plate 3 is integrally welded with the casing 21 and the cover plate 5”).
Regarding Claim 5, modified Feng makes obvious the invention of Claim 1. Additionally, Feng discloses structure wherein an end surface of the protruding portion adjacent to the cover plate is aligned with an end surface of the casing member adjacent to the cover plate, as depicted in Feng’s figure 3, where the flange 33 is aligned with an end surface of the casing member 21, adjacent to the cover plate 5.
Regarding Claim 6, modified Feng makes obvious the invention of claim 3. Additionally, Feng discloses structure wherein the connecting member comprises a flange portion, which is flange 33 (Paragraph 0072, “a flanging platform 33”), which is arranged at one end of the protruding portion, being attached to the upper side of the protruding portion away from the main body portion, which also overlaps with an end portion of the casing member 21, as depicted in Feng’s figure 3.
Additionally, Feng discloses structure wherein the cover plate 5 is disposed on one side of the flange portion 33 away from the casing member 21, as depicted in Feng’s figure 3, where there are portions of the cover plate 5 disposed on the side of the flange portion 33 away from the casing member 21.
Additionally, Feng discloses structure wherein the casing member 21, the cover plate 5 and the flange portion 33 are connected by one time welding (Paragraph 0088, “the cover plate 5 and the No. 1 busbar 3 are directly welded together at one time (X in Fig. 3)”; Paragraph 0062, “the top of the No. 1 bus plate 3 is integrally welded with the casing 21 and the cover plate 5”).
Regarding Claim 7, modified Feng makes obvious the invention of Claim 1. Additionally, Feng discloses structure wherein the cover plate 5 comprises a cover plate body, where the cover plate body is the side and upper portions of the cover plate 5, and a positioning portion, where the positioning portion is the battery-side facing face of the cover plate 5, which cooperates with the connecting member 3 to realize the positioning of the cover plate 5, as depicted in Hong’s figure 3, which depicts the cooperation between the cover plate 5 and the connecting member 3.
Regarding Claim 10, modified Feng makes obvious the invention of Claim 1. Additionally, in regards to the limitation of the instant claim which requires structure wherein the second casing segment has a contracted state and an initial state, and wherein the second casing segment in the initial state is able to be converted into the contracted state through a contracting process, this structure of a segment can inherently be modified by any process which can be considered a contracting process. Accordingly, where all materials can be changed in both size and shape, any material would inherently meet the requirements of the claim as written, thereby being able to be converted into a contracted state by any process that results in contraction, that being a contracting process.
Regarding Claim 11, modified Feng makes obvious the invention of claim 10. Additionally, Feng discloses structure wherein the second casing segment in the initial state has a cross-sectional area larger than a cross-sectional area of the first casing segment, where the second casing segment is thicker than the first casing segment, as depicted in Feng’s figure 3, thereby resulting in structure wherein the second casing segment has a larger cross-sectional area than a cross-sectional area of the first casing segment, where the cross sectional area of a segment refers to an area of the segment taken parallel to a cross-section of the cover plate.
Regarding Claim 12, modified Feng makes obvious the invention of Claim 11. Additionally, in regards to the limitation of the instant claim which requires structure wherein the second casing segment in the contracted state has a cross-sectional area that is the same as the cross-sectional area of the first casing segment, as discussed above in regards to claim 10, because any material can be subject to compression, and further because if a material were fully compressed it would effectively have a cross-sectional are of 0, there must exist a contracted state between the initial state, where the cross-sectional area is of the second segment is larger than the cross-sectional area of the first segment, and an ultimately compressed state which has a cross-sectional area of 0, where the compressed second segment has a cross sectional area that is equal to the cross-sectional area of the first segment.
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 JONATHAN W ESTES whose telephone number is (571)272-4820. The examiner can normally be reached Monday - Friday 8:00 - 5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia Ridley can be reached at 5712721453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.W.E./Examiner, Art Unit 1725
/BASIA A RIDLEY/Supervisory Patent Examiner, Art Unit 1725
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