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 .
Applicants’ Preliminary Amendment, filed on December 29, 2022, has been made of record and entered. In this amendment, the Specification has been amended to include a cross-reference to related applications.
No claims have been canceled or added; claims 1-11 are presently pending in this application.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Applicants’ Priority Document was filed on December 29, 2022.
Claim Objections
Claim 3 is objected to because of the following informalities:
In line 2 of claim 3, “terminal hole of the cylindrical” should be amended to recite “terminal hole of the cylindrical can”.
Appropriate correction is required.
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 2-11 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.
Claims 2-11 lack antecedent basis for the limitation “cylindrical secondary battery”. Claim 1, from which claims 2-11 directly or indirectly depend, is directed to a “secondary battery”, which may not necessarily be cylindrical.
Additionally, claim 11 lacks antecedent basis for the limitation “second gasket”. Claim 1, from which claim 11 depends, does not recite either a “first gasket” or a “second gasket”.
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.
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.
Claims 1-4 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (CN 201066701, Applicants’ submitted art; English translation provided and relied upon) in view of Ueda et al. (JP 11-067279, Applicants’ submitted art; English translation provided and relied upon).
Regarding claims 1, 2, 4, and 11, Liu et al. teach a lithium ion battery comprising a shell and a wound cell (“electrode assembly”) disposed therein, wherein the wound cell comprises two tabs respectively serving as positive and negative electrodes, and wherein the shell is provided with an insulator disposed between said shell and rivets at the top and the bottom of the shell, and wherein the two tabs are respectively connected to the rivets. See paragraphs [0009]-[0010] and [0016]-[0019] of Liu et al., as well as Figure 2.
Liu et al., while teaching the presence of a would cell in the lithium ion battery, do not teach or suggest the limitations of Applicants’ claims regarding (a) the presence of an electrode assembly, and (b) the shell having a lower end thereof open and electrically connected to the negative electrode plate, as recited in claim 1. Liu et al. also do not teach or suggest the limitations of claim 3 regarding, in the terminal pillar, a diameter positioned in the terminal hole of the cylindrical can that is equal to a diameter of a portion exposed to the outside of the cylindrical can.
Regarding (a), Ueda et al. teach a battery comprising an electrode stack formed by stacking positive and negative electrode plates with a separator interposed therebetween, and then winding the stack, a battery can housing the electrode stack that is electrically connected to one of the positive and negative electrode plates, and a terminal that is electrically connected to the other of the positive and negative electrode plates, and a terminal that is electrically connected to the positive electrode plate and is insulated from the battery can. The battery of Ueda et al. further comprises a conductive member which electrically connects the battery can to the negative electrode on the outer surface of the electrode stack; see paragraphs [0009] and [0020]-[0023] of Ueda et al., as well as Figures 1 and 2.
Regarding (b), the skilled artisan would have been motivated to modify the battery of Liu et al. by incorporating therein an opening at the bottom the shell, as a matter of obvious design choice.
Regarding claim 3, Ueda et al., in Figures 1 and 2 therein, teach a terminal positioned in a penetration hole of the battery can, wherein the diameter of the terminal is the same as the diameter of a part exposed to the outside of the battery can.
Motivated by these references’ common teachings regarding batteries, it would have been obvious to one of ordinary skill in the art before the filing date of Applicants’ invention to modify the battery of Liu et al. by incorporating therein an electrode assembly having a positive electrode plate, a separator, and a negative electrode plate, as suggested by Liu et al., because combining two or more materials disclosed by the prior art for the same purpose to form a third material that is to be used for the same purpose has been held to be a prima facie case of obviousness, see In re Kerkhoven, 205 U.S.P.Q. 1069. See also MPEP 2144.06(I).
Claims 5-8 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (CN 201066701, Applicants’ submitted art; English translation provided and relied upon) in view of Su et al. (KR 10 2021 0114863, Applicants’ submitted art; English translation provided and relied upon).
Liu et al. is relied upon for its teachings with respect to claims 1 (from which claims 6-8 depend) and 2 (from which claim 5 depends), as stated above.
Liu et al. do not teach or suggest the limitations of claims 5-8 regarding the terminal plate including a groove formed in a downward direction on an upper surface thereof, wherein the insulation sheet is filled in the groove, or regarding the insulating sheet comprising a first sheet made of an insulating material and a second sheet covering one surface of the first sheet, wherein one surface of the first sheet is adhered to the lower surface of the upper surface part by the second sheet, and the other surface is adhered to the positive electrode terminal by the second sheet.
Regarding claims 5, 6, and 8, Su et al. teach a battery comprising a cup having an open top side, an electrode assembly mounted therein, a top plate coupled with a top end of the cup to close the open top side of the of the cup and formed therein with a through hole; a positive terminal including a protrusion having a diameter which may be inserted into the through hole and a hang part having a diameter larger than a diameter of the through hole, and the protrusion being inserted into the through hole of the top plate so that the protrusion is located at an outer side or an inner side of the cup; and a gasket inserted for insulation at a position in which the protrusion and the hang part touch the top plate when the protrusion of the positive terminal is inserted into the through hole. The gasket bonds the positive terminal to the top plate. Since the gasket sealing between the positive terminal and the top plate bonds the positive terminal to the top plate, riveting of the positive terminal or a similar coupling structure are removed so that an overall thickness of a secondary battery may be further reduced. See the Abstract of Su et al., as well as paragraphs [0049]-[0057] and Figure 2.
Figure 2 of Su et al. depicts an embodiment of the aforementioned battery, wherein notches are formed on the surface of the positive terminal, and the gasket is filled in the notches. See paragraph [0097] of Su et al.
Regarding claim 7, Su et al. teach that the aforementioned gasket has an insulating property, and bonds the positive terminal and the top plate to one another via heat fusing. See paragraphs [0014]-[0017] of Su et al.
Motivated by these references’ common teachings regarding batteries, it would have been obvious to one of ordinary skill in the art before the filing date of Applicants’ invention to modify the battery of Liu et al. by incorporating therein a terminal plate including a groove formed in a downward direction on an upper surface thereof, wherein the insulation sheet is filled in the groove, or regarding the insulating sheet comprising a first sheet made of an insulating material and a second sheet covering one surface of the first sheet, wherein one surface of the first sheet is adhered to the lower surface of the upper surface part by the second sheet, and the other surface is adhered to the positive electrode terminal by the second sheet, as suggested by Su et al., because combining two or more materials disclosed by the prior art for the same purpose to form a third material that is to be used for the same purpose has been held to be a prima facie case of obviousness, see In re Kerkhoven, 205 U.S.P.Q. 1069. See also MPEP 2144.06(I).
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Liu et al. (CN 201066701, Applicants’ submitted art; English translation provided and relied upon) in view of Ning et al. (CN 211654873 Applicants’ submitted art; English translation provided and relied upon).
Liu et al. is relied upon for its teachings with respect to claims 1 and 2 (from which claims 9 and 10 depend), as discussed above. However, Liu et al. do not teach or suggest the presence of a cavity having a depth from an upper surface to a lower direction in the terminal pillar, wherein the terminal pillar has a thickness of 0.5 mm to 2 mm in a region where the cavity is formed, as recited in claims 9 and 10.
Regarding claim 9, Ning et al. teach a button cell comprising a shell assembly, wherein the shell assembly comprises a shell and a conductive part that define an accommodating cavity for a battery cell. See the Abstract of Ning et al.
In Figures 2-4 of Ning et al., reference is made to the conductive part having a through hole through which the conductive component passes, said through hole extending from an upper surface to a lower direction. See also paragraphs [0051]-[0061] of Ning et al.
It would have been obvious to one of ordinary skill in the art before the effective filing date of Applicants’ invention to modify the battery of Liu et al. by incorporating therein a cavity having a depth from an upper surface to a lower direction, as suggested by Ning et al., in an endeavor to improve sealing performance between the outer shell and the conductive element, and to reduce the probability of safety hazards such as leakage of the battery, thereby improving the quality and performance of the battery. See paragraph [0059] of Ning et al.
Regarding claim 10, Liu et al., as discussed above, teach an insulating component separating the tabs serving as the positive and negative electrodes from the shell; see Figure 2 and paragraph [0018]. From this teaching, the skilled artisan would have been motivated to determine through routine experimentation the optimal thickness of the insulating component in Liu et al., such as Applicants’ claimed thickness, in an endeavor to ensure that current does not pass through the shell, and that the shell is not charged. See paragraph [0018] of Liu et al.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. See, for example, Ko (U. S. Patent Publication No. 2023/0079718).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PATRICIA L HAILEY whose telephone number is (571)272-1369. The examiner can normally be reached Monday-Friday, 7 a.m. to 3:30 p.m.
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/Patricia L. Hailey/Primary Examiner, Art Unit 1732 December 18, 2025