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 .
Response to Amendment
This is a final office action in response to Applicant's remarks and amendments filed on 1/22/2026. Claim 1 is currently amended. Claim 2 is cancelled. Claims 1 and 3-11 are pending review in this action.
The 35 U.S.C. 112, 35 U.S.C. 102 and 35 U.S.C. 103 rejections in the previous Office Action are withdrawn.
New grounds of rejection necessitated by Applicant's amendments are presented below.
Response to Arguments
Applicant’s arguments with respect to amended claim 1 have been considered but are moot because the arguments do not apply to combination of references being used in the current rejection. Specifically, the all rejections based on Nogami (US2022/0416338 A1) as the disclosing reference have been withdrawn. Further, rejections based on Liu (2019/0296297 A1) are further modified using a newly cited reference to Urano (US2006/0073382A1).
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claims 3-5 and 10 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding Claim 3, the entire subject matter of claim 3 is recited in lines 17-19 of base claim 1.
Regarding Claim 4, the entire subject matter of claim 4 is recited in lines 10-13 of base claim 1.
Claim 5 is rejected similarly due to dependency from claim 4.
Regarding Claim 10, the entire subject matter of claim 10 is recited in lines 14-16 of base claim 1.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1, 3-4, 6-8 and 10-11 is/are under 35 U.S.C. 103 as being unpatentable over Liu (US 2019/0296297 A1 – see IDS) in view of Shiu (US 2017/0092925 A1) and Urano (US2006/0073382A1).
Regarding Claim 1, Liu discloses a secondary battery 100,400 [pars. 0022-25,0041-44; Figs. 1,4] comprising:
an electrode assembly 125 in which first and second electrodes and a separator are stacked to be wound (not shown but inherent features of a jelly roll type electrode assembly);
a cylindrical can 105 comprising an accommodation part, in which the electrode assembly is accommodated, the can having an opening at an upper portion; and
a cap assembly 130/140 configured to cover the opening of the can, wherein the cap assembly comprises a safety vent 130 comprising a notching part 145 that is ruptured when an internal pressure of the battery is equal to or greater than a predetermined venting pressure,
the notching part has a circular shape in a plan view,
the electrode assembly comprises an electrode tab (cathode and anode tabs – not shown) connected to each of the electrodes [par. 0021],
wherein the electrode assembly comprises a positive electrode and a negative electrode (inherent), the electrode tab comprises a positive electrode tab 135 connected to the positive electrode (i.e., the connecting element 135 couples the electrode assembly 125 with the vent plate 130), the positive electrode tab is provided at an upper side of the electrode assembly and is connected to a lower end of the safety vent [par. 0023], and an external terminal 310 is connected to an upper end of the safety vent,
wherein the safety vent comprises a rupture part 155 that is ruptured along the notching part at a central side thereof, the notching part is ruptured so that the ruptured part is separated from the safety vent when internal pressure is equal to or greater than the predetermined venting pressure,
wherein the electrode tab is connected to an inner side of the notching part of the safety vent in the plan view, the external terminal is connected to an outer side of the notching part of the safety vent in the plan view.
Liu fails to disclose: (1) the electrode assembly comprises a plurality of separators, and wherein the electrode tab is connected to a plurality of first electrodes or a plurality of second electrodes; and (2) wherein an insulation film is applied to an outer surface of the positive electrode tab.
Pertaining (1) above, it is well-known in the art to form wound-type secondary batteries comprising a plurality of separators, a plurality of first electrodes (e.g., cathodes/positive electrodes) and a plurality of negative electrodes (e.g., anodes/negative electrodes). For example, Shiu, from the same field of endeavor, discloses a secondary battery comprising 100 comprising a wound type electrode assembly 102 accommodated in a cylindrical can 103, wherein the electrode assembly may include any number of cathodes/positive electrode layers 112, anodes/negative electrode layers 120, and separators 118 (e.g., first and second separators), wherein the plurality of cathodes/positive electrodes may each be connected to a single common electrode tab 307 [Shiu – pars. 0036,0038,0051; Figs. 1A,1B,3C]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have employed the teachings of Shiu to have modified the secondary battery of Liu wherein the electrode assembly comprises a plurality of separators, and wherein the electrode tab is a common electrode tab which is connected to a plurality of first electrodes as a well-known configuration in the art for forming wound type electrode assemblies for a battery cell, absent persuasive evidence that forming the secondary battery of the claimed configuration having a plurality of separators and a plurality of first and second electrodes having a common electrode tab connected to the plurality of fist electrodes results in an advantage when the common electrode tab is configured to be connected to the safety vent at an inner side of the notching part.
Pertaining (2) above, Urano, from the same field of endeavor, teaches a secondary battery comprising an electrode assembly 2, the electrode assembly comprises an electrode tab 7 connected to an electrode at an upper side of the electrode assembly and a lower end of a lead plate 17 of the cap assembly 3, wherein an insulation film 9 (e.g., insulating tape or paint) is applied to an outer surface of the electrode tab in order to prevent the electrode tab from short-circuiting with the battery can in the event it come into contact with the battery can [Urano – pars. 0014; Fig. 10]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have employed the teachings of Urano to have further modified the secondary battery of Liu, wherein an insulation film is applied to an outer surface of the positive electrode tab in order to prevent the electrode tab from short-circuiting with the battery can in the event it come into contact with the battery can.
Regarding Claim 3, Liu discloses wherein the electrode tab is connected to the inner side of the notching part of the safety vent in the plan view, and the external terminal is connected to the outer side of the notching part of the safety vent in the plan view [Liu – Fig. 4].
Regarding Claim 4, Liu discloses wherein the electrodes comprise a positive electrode and a negative electrode, the electrode tab comprises a positive electrode tab 135 connected to the positive electrode, the positive electrode tab is provided at an upper side of the electrode assembly and is connected to a lower end of the safety vent, and the external terminal is connected to an upper end of the safety vent [Liu – par. 0023; Fig. 4].
Regarding Claim 6, Liu discloses wherein the external terminal is provided as connection wire of an external pack or application [Liu – par. 0037; Fig. 4].
Regarding Claim 7, Liu discloses wherein the notching part is formed at a central portion of the safety vent in the plan view [Figs. 1,4].
Regarding Claim 8, Liu discloses wherein the cap assembly further comprises a gasket 140 configured to seal a gap between the safety vent and the can and insulate the safety vent and the can from each other, the can comprises a crimping part formed to surround the gasket so as to fix the cap assembly [Liu – pars. 0022,0035,0043; Fig. 1].
Regarding Claim 10, Liu discloses wherein the safety vent comprises a rupture part 155 that is arranged to rupture along the notching part at a central side thereof, and when the internal pressure of the battery is greater than or equal to the predetermined venting pressure, the notching part is ruptured so that the rupture part is separated from the safety vent [Liu – pars. 0041-44; Figs. 1,4].
Regarding Claim 11, Liu discloses a battery pack 500 comprising the secondary battery of claim 1 [Liu – pars. 0022,0045; Figs. 1,5].
Claim(s) 5 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Liu, Shui and Urano, as applied to claim 1 above, and further in view of Yoshida (WO2020129479A1 – refer to IDS filed 4/12/2024 for foreign copy and machine translation).
Regarding Claim 5, Lui teaches wherein the positive electrode tab is connected to a lower end of the safety vent, and the external terminal is connected to the upper end of the safety vent, but fails to teach the positive electrode tab and the external terminal are connected by welding. However, Yoshida, from the same field of endeavor, discloses a battery comprising an electrode assembly 14 accommodated in a cylindrical can 16, a cap assembly configured to cover the opening of the can, wherein the cap assembly comprises a safety vent 17, an electrode tab 20 welded to a lower end of the safety vent, and an external terminal 36 welded to an upper end of the safety vent [Yoshida – pars. 0010,0012,0017,0023; Figs. 1-2]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have further modified the battery of Liu wherein the positive electrode tab is welded to the lower end of the safety vent, and the external terminal is welded to the upper end of the safety vent as a well-known manner of connecting an electrode tab and external terminal to a safety vent of a battery.
Regarding Claim 9, Liu fails to explicitly teach wherein a distance between a central axis of the safety vent and the notching part is less than half a radius of the safety vent. However, Yoshida, from the same field of endeavor, discloses a battery comprising an electrode assembly 14 accommodated in a cylindrical can 16, a cap assembly configured to cover the opening of the can, wherein the cap assembly comprises a safety vent 17 comprising a notching part 34/35 having a circular shape in a plan view that is ruptured when an internal pressure of the battery is equal to or greater than a predetermined venting pressure, wherein the safety vent comprises a rupture part 30 that is arranged to rupture along the notching part at a central side thereof, and when the internal pressure of the battery is greater than or equal to the predetermined venting pressure, the notching part is ruptured so that the rupture part is separated from the safety vent [Yoshida – pars. 0010,0012,0025-28; Figs. 1-3]. Yoshida further teaches that the area ratio of the rupture part to the remainder of the safety vent (i.e., the annular portion 31) is not particularly limited, and the area of the rupture part may be larger or smaller than the area of the remainder of the safety vent as long as the notching part is formed to allow a pressure exceeding the predetermined venting pressure to rupture the rupture part along the notching part [Yoshida – par. 0033]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have further modified the battery of Liu wherein a distance between a central axis of the safety vent and the notching part is less than half a radius of the safety vent, without undue experimentation and with a reasonable expectation of success.
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 HAROON S SHEIKH whose telephone number is (571)270-0302. The examiner can normally be reached 9-6.
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, JONATHAN LEONG can be reached at (571) 270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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HAROON S. SHEIKH
Primary Examiner
Art Unit 1751
/Haroon S. Sheikh/ Primary Examiner, Art Unit 1751
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