DETAILED ACTION
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 .
Claim Status
Claim 10 has been previously withdrawn.
Claim 2 has been canceled.
Claim 1; support for claim 1 is found in paragraph [0041] and fig. 4 of the instant specification, and canceled claim 2.
Claims 1, 3-9 are currently pending in this application.
Claim Rejections - 35 USC § 103
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.
Claim(s) 1, 3-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Enomoto et al. (US2021/0119299A1, with foreign priority of July 31, 2017) and in view of Han et al. (US2024/0006707A1, with foreign priority of April 8, 2021) .
As to claim 1, Enomoto discloses A cylindrical secondary battery [Abstract] comprising: a cylindrical can [0006]; an electrode assembly (electrode group (18)) in which a first electrode plate, a second electrode plate, and a separator are wound [0060] and which is accommodated in the can [0006, 0059]; and a cap assembly (opening sealing body 11 includes a valve member 12, a metal plate 13, and an annular insulating member 14 [0030]) which is insulated from the can (gasket 21, figure 1) and electrically connected to the electrode assembly [0058].
and wherein the cap assembly (Sealing body (11)) comprises: a vent plate (valve member (12) coupled to one side of the can (Sealing body (11), containing valve member (12) fixed to the battery can (22) by gasket (21) [0029] fig. 1) and having a notch formed therein (Thin walled portion (12a) [0038] fig. 2);
a cap down plate (metal plate (13)) which is disposed between the vent plate (valve member (12)) and the electrode assembly (fig. 1) so as to be electrically connected to the electrode assembly [0058] and through which a plurality of slots pass ((13b) [0034] figs. 2, 5); and a gasket (Gasket (21)) disposed between the vent plate and the can to insulate the vent plate and the can from each other (fig. 1), and the notch (12a) is positioned apart from the center of the vent plate (valve member (12), fig. 2)
Enomoto is silent on a degassing hole passes through the cap assembly and fluidly communicates with the electrode assembly inside of the can, and degassing hole is positioned outside the notch.
In the same field of endeavor Han, discloses a cylindrical secondary battery (cylindrical battery case (300) [0077]), and teaches cap assembly (400) is coupled to battery case (300) [0057]. Cap assembly (400) includes safety vent (410) which is formed with discharge hole (410H) [0063] fig. 6. The discharge hole (410H) may be formed on the outer peripheral part of the safety vent (410) or (410C) [0084] fig. 6. Han further teaches during battery formation the discharge hole provides a path to exhaust gas generated due to formation of the electrode film.[0073-0074], which if not discharged may adversely affect the initial capacity of the battery [0021].
Therefore, it would have obvious to one of ordinary skill in the art at the time the application was effectively filed to modify Enomoto with the discharge hole as taught by Han to improve the formation of electrode film and initial capacity of the battery.
Modified Enomoto comprising the degassing hole (Han,410H) on an outer peripheral of the portion of the sealing body (Enomoto, 11) as Enomoto provides a recessed portion (12b) formed by the thin walled portion (12a) [0041] as shown in fig. 2, and Han provides a degassing hole on an outer peripheral thereof where the hole of Han can be provided anywhere along (12b) at an outer peripheral and would provide the discharge hole (Han,410H) outside the notch (Enomoto, 12a) with respect to the center of the vent plate (and passing thru the cap assembly in fluid communication with the electrode assembly inside the can (the recess (12b), formed by thin walled portion (12a) is in fluid communication with holes (14b) and (13b) [0056]. If the holes (13b) and (14b) and valve member (12) were not in fluid communication then valve member (12) could not deform under pressure as disclosed in [0056].
As to claim 3, the rejection of claim 1 is incorporated, Enomoto discloses the vent plate (12) comprises: a first support (12c) that is in contact with the cap down plate (13) (The protrusion portion 12c makes it easy to connect the central portion of the valve member 12 and the central portion of the metal plate 13 [0036]); a vent part (annular groove, 12a) which is connected to the outside of the first support so as to be integrated with the first support and in which the notch is provided (The groove of the valve member 12 may be provided in the thin-walled portion 12a, annotated figure 2); and a second support (as shown in annotated figure 2)) connected to the outside the vent part (annular groove located in 12a) so as to be integrated with the vent part and coupled to the can with the gasket therebetween (gasket 21 surrounds and separates valve member 12 from can 22 as shown in figure 1).
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(Enomoto, annotated figure 2)
As to claim 4, the rejection of claim 3 is incorporated, Enomoto discloses the second support comprises: a first region disposed toward the vent part (annular groove) and having a thickness greater than that of the vent part; and a second region having a thickness less than that of the first region (see annotated figure 2 above).
As to claim 5, the rejection of claim 4 is incorporated, modified Enomoto discloses the degassing hole is defined in the first region, where the gas removing device (410H) of Han as shown in figure 5 in the outer peripheral part of (410C) would include the first region.
As to claim 6, the rejection of claim 5 is incorporated, Enomoto discloses the cap down plate has a diameter less than that of the vent plate (see annotated figure 2 below),
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520
894
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(Enomoto, annotated figure 2)
and a top surface of an edge of the cap down plate contacts with and is welded to a portion of a bottom surface of an edge of the vent plate (The central portion of the valve member 12 and the central portion of the metal plate 13 are connected using, for example, a welding technique such as laser welding. [0031] figure 2).
Claim(s) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Enomoto et al. (US2021/0119299A1, with foreign priority of July 31, 2017) and in view of Han et al. (US2024/0006707A1, with foreign priority of April 8, 2021), and in further view of Tucholski et al. (US 6,265,101 B1)
As to claim 7,the rejection of claim 6 is incorporated, Enomoto discloses secondary battery [Abstract] but is silent on the cap assembly further comprises a resin pin or rubber pin, which is press-fitted into the degassing hole to close the degassing hole after being assembled with the can.
In the same field of endeavor Tucholski discloses a rechargeable battery [C22L1—24], and further teaches, (By filling apertures 217 with rubber seal plugs 238 in the manner shown, a pressure relief mechanism is provided that not only works reliably, but which may effectively reseal after internal pressure has been released [C12L6-9]).
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modified Enomoto with the rubber seal plug of Tucholski to provide a reliable pressure relief mechanism.
As to claim 8, the rejection of claim 7 is incorporated, Enomoto is silent on the cap assembly further comprises a sealing member that closes the degassing hole after removing the resin pin or rubber pin when a gas is generated inside the can.
Tucholski further teaches by filling apertures 217 with rubber seal plugs 238 in the manner shown, a pressure relief mechanism is provided that not only works reliably, but which may effectively reseal after internal pressure has been released [C12L6-9], thereby meeting the limitation of sealing member that closes the degassing hole after removing the rubber.
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modified Enomoto with the rubber seal plug of Tucholski to provide a reliable pressure relief mechanism, and the ability to reseal the aperture after an excessive pressure event thereby minimizing the deterioration of the cell’s internal components [C12L23-25].
As to claim 9, the rejection of claim 8 is incorporated, modified Enomoto discloses the plug 238 filing aperture 217 provides a male structure and aperture 217 provides a female structure, and in their combination a male and female structure.
Examiner notes Claims 7 and 9 are considered product-by-process claim with regard to “press-fitting.” The cited prior art teaches all of the positively recited structure of the claimed apparatus or product. The determination of patentability is based upon the apparatus structure itself. The patentability of a product or apparatus does not depend on its method of production or formation. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (see MPEP § 2113).
Response to Arguments
Applicant's arguments filed 04/22/2026 have been fully considered but they are not persuasive.
Applicant argues, pages 5-6, Han in fig. 6 shows discharge hole (410H) near the center of the safety vent (410) therefore does not teach a discharge hole positioned outside the notch. The office respectfully disagrees as Han explicitly teaches in paragraph [0084] the discharge hole (410H) is not limited and the discharge hole (410H) is located on an outer peripheral part of the safety vent 410 means a portion in which the curling part 410C is formed (figs. 5 and 6).
Applicant argues, page 6, in the combination between Enomoto and Han, the valve member (12) of Enomoto would not have fluid communication with the interior of the battery can 22 because of insulating members P1 and P2. The office respectfully disagrees as the position of the discharge hole 410H is not particularly limited, but it is preferable that there is no restriction on the gas discharge.[0084].
The degassing hole (Han,410H) on an outer peripheral of the portion of the sealing body (Enomoto, 11) as Enomoto provides a recessed portion (12b) formed by the thin walled portion (12a) [0041] as shown in fig. 2, and Han provides a degassing hole on an outer peripheral thereof where the hole of Han can be provided anywhere along (12b) at an outer peripheral and would provide the discharge hole (Han,410H) outside the notch (Enomoto, 12a) with respect to the center of the vent plate (and passing thru the cap assembly in fluid communication with the electrode assembly inside the can (the recess (12b), formed by thin walled portion (12a) is in fluid communication with holes (14b) and (13b) [0056]. If the holes (13b) and (14b) and valve member (12) were not in fluid communication then valve member (12) could not deform under pressure as disclosed in [0056].
Enomoto discloses holes 13b and 14b communicate with recess 12(b) ([0056] fig. 2) and in the combination the discharge hole (410H) of Han would be in fluid communication with the interior via recess (12b), and holes 14b and 13b so as to perform as a discharge hole. In a similar manner as exemplified in fig. 5 and 6 regarding slots (524) of the instant specification.
Further, in response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007). In this case, discharge hole (410H) may be used to provide a pre-activation step, charge/discharge, for the battery prior to sealing [Han, 0093-0094].
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 BART A HORNSBY whose telephone number is (313)446-6637. The examiner can normally be reached 9:00-6:00 EST.
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BART HORNSBY
Examiner
Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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