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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 3/2/2026 has been entered.
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.
Claim 1 is 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 plurality of second block members includes regions that are nonlinearly inclined with respect to the first block member, and wherein an inclined region of each of the plurality of second block members includes a curved surface". This limitation renders the claim indefinite because it is unclear whether the ‘regions that are nonlinearly inclined’ are the same or different from ‘an inclined region…includes a curved surface’.
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.
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, 3-4, 7-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over JP2006147230A, refer to English machine translation by EPO in view of Lim (US 2018/0261807A1).
Regarding claim 1, JP2006147230A discloses a battery cell sealing apparatus ([0001], Fig. 5-11) comprising:
a first sealing block and a second sealing block pressurizing a case, provided with an accommodation space in which an electrode assembly is accommodated, to seal the case (upper heater block 31 and lower heater block 32 [0018], Fig. 5-7,11);
a moving unit connected to at least one of the first sealing block and the second sealing block and moving at least one of the first sealing block and the second sealing block (upper heater block 31 lowered [0021], [0025], Fig. 6-7); and
a heating unit connected to the first sealing block and the second sealing block and supplying heat energy to the first sealing block and the second sealing block (heat source incorporated in upper and lower heater blocks 31,32 [0022]),
wherein
the first sealing block and the second sealing block include a plurality of block members and pressurize the case with the plurality of block members to form a plurality of sealing portions on the case (upper heat block 31 comprises top block 31a and side block 31b, lower heat block 32 comprises top block 32a and side block 32b [0018], Fig. 5-7,11),
wherein the plurality of block members include:
a first block member facing the positive electrode tab or a negative electrode tab (Fig. 5-7,11 show top block 31a and top block 32a facing positive or negative lead 12); and
a plurality of second block members branching off from the block member and extending toward the accommodation space (Fig. 5-7,11 show side blocks 31b branching from top block 31a and side blocks 32b branding from top block 32a, with side blocks 31b,32b configured to press flange portions of the battery pouch, i.e., extending toward/into the accommodation space).
However, JP2006147230A does not disclose the plurality of second block members includes regions that are nonlinearly inclined with respect to the first block member, and wherein an inclined region of each of the plurality of second block members includes a curved surface.
Lim discloses a sealing apparatus for a battery case, wherein the sealing apparatus 100 includes a pair of protrusion parts 300 for increasing the application area of heat and pressure to more tightly sealing parts around the electrode lead (Title, Abstract, [0024]-[0033], [0105]-[0107], Fig. 3). Lim further discloses the protrusion parts may have various shapes such as a wedge shape, a polygonal shape, or a round shape ([0135]-[0139], Fig. 9).
JP2006147230A and Lim are analogous art because they are concerned with the same field of endeavor, namely sealing apparatus for batteries.
It would have been obvious to one having ordinary skill in the art before the effective filing date to modify the sealing blocks in JP2006147230A to include protrusions having any of the above shapes because Lim teaches improved sealing around the leads. Thus, modified JP2006147230A envisages round-shaped protrusions which have nonlinearly inclined regions/curved incline regions.
Regarding claim 3, modified JP2006147230A discloses all of the claim limitations as set forth above. JP2006147230A further discloses the plurality of second block members pressurize a region, in which the case is not in contact with a positive electrode tab or a negative electrode tab of the battery cell, to form a first oblique sealing portion and a second oblique sealing portion on the case, and the first block member pressurizes a region, in which the case is in contact with the positive electrode tab or the negative electrode tab of the battery, and a region, in which the case is not in contact with a positive electrode tab or a negative electrode tab of the battery cell, to form a second sealing portion on the case (top seal and side seal [0021], Fig. 5-11).
Regarding claim 4, modified JP2006147230A discloses all of the claim limitations as set forth above. Lim further discloses the inclined regions of the plurality of second block members are inclined in different directions (Title, Abstract, [0024]-[0033], [0105]-[0107], [0135]-[0139], Fig. 3,9).
Regarding claim 7, modified JP2006147230A discloses all of the claim limitations as set forth above. JP2006147230A further discloses the first sealing block and the second sealing block simultaneously form the plurality of sealing portions on the case (simultaneously performed [0021]).
Regarding claim 8, modified JP2006147230A discloses all of the claim limitations as set forth above. JP2006147230A further discloses a stopper unit connected to the first sealing block and the second sealing block and limiting moving distances of the first sealing block and the second sealing block (when button is turned on, upper heater block is lowered and when it is lowered to a predetermined positioned the lowering sensor is turned on, sealing is performed and then the upper heater block is released [0025]).
Regarding claim 9, JP2006147230A discloses all of the claim limitations as set forth above. JP2006147230A further discloses at least one of the first sealing block and the second sealing block is provided with a notch (notch 41 [0044], Fig. 11).
Regarding claim 10, JP2006147230A discloses all of the claim limitations as set forth above. JP2006147230A further discloses the plurality of second block members are provided to be coupled to or removed from the first block member (blocks of the upper heater block and blocks of the lower heater block are not connected to each other and fixed to a square plate-like base plate[0019] and, thus, considered to be capable of being coupled and removed).
Response to Arguments
Applicant's arguments filed 3/2/2026 and 3/4/2026 have been fully considered but they are not persuasive.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., applicant argues the configuration of the second block members including a curved surface ‘makes it possible’ to achieve the effect of guiding gas toward a region in which an electrode tab is located, see Remarks filed 3/2/2026) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
In response to applicant's argument that JP2006147230A and/or Lim (US 2018/0261807A1) fails to teach or suggest the configuration of the second block members including a curved surface ‘makes it possible’ to achieve the effect of guiding gas toward a region in which an electrode tab is located (see Remarks filed 3/2/2026), a recitation of the intended use of the claimed invention must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMES LEE whose telephone number is (571)270-7937. The examiner can normally be reached M-F: 9AM - 5PM.
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/James Lee/Primary Examiner, Art Unit 1725 3/17/2026