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
Claims 2-12 are amended.
Claims 8-12 are withdrawn.
Claims 1-7 are considered on the merits.
Election/Restrictions
Claims 8-12 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/27/2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 2/24/2023, 06/10/2024, 11/01/2024, 06/06/2025, 12/22/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 2 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 2 recites the limitation "an opened upper part of the battery case". It is unclear if this is the same opened upper part of the battery case referred to in claim 1 as “an opened upper part” and subsequently as “the opened upper part of the battery case” or if it is referring to a different opened upper part. Appropriate correction is required.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-7 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Kim et al. (US 20210184308 A1) hereinafter "Kim". Cited on the IDS filed 2/24/2023.
Regarding claim 1, Kim discloses a secondary battery comprising: an electrode assembly; a battery case that houses the electrode assembly and has an opened upper part; and a cap assembly that is coupled to the opened upper part of the battery case ([0007]; Fig. 1B; element 140 corresponds to “cap assembly”; [0035]-[0037]), wherein the cap assembly comprises a safety vent formed with a notch portion, and wherein a gap formed by the notch portion is closed ([0044]-[0046]; Fig. 1B-C & 2A-B; element 140 corresponds to a cap assembly, element 141 corresponds to a safety vent formed with a notch portion, and element 141c corresponds to notch portion; notch portion, element 141c, is closed at the top as well as closed at the bottom by element 142; [0064]).
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Regarding claim 2, Kim further discloses wherein: the safety vent is exposed to the outside from an opened upper part of the battery case (Fig. 1B-C; element 141, corresponding to “safety vent”, has one surface, element 141a, exposed to the outside of the battery case; [0017]; [0045]; [0069]).
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Regarding claim 3, Kim further discloses wherein: the safety vent is a disk-shaped plate (Fig. 1A; top plate 141 is circular; [0035] “cylindrical can”; [0045]), and the notch portion is shaped to define a recessed groove extends in the safety vent extending along a circular path ([0045] “substantially circular”, “inverted V (“∧”) shaped cross section”).
Regarding claim 4, Kim further discloses wherein: one end of the opened upper part of the battery case is bent to wrap around a portion of the cap assembly and form a crimping portion ([0036]; Fig. 1B).
Regarding claim 5, Kim further discloses wherein: the crimping portion of the battery case wraps around an outer peripheral part of the safety vent (Fig. 1B-C; element 141 corresponds to “safety vent” and element 114, corresponding to crimping portion, wraps around element 141; [0062]; [0064]; Fig. 2A-B).
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Regarding claim 6, Kim further discloses wherein: the safety vent comprises a curling portion bent at the outer peripheral part of the safety vent, and the crimping portion wraps around the curling portion to form a crimping joint ([0046]; Fig. 1B-C elements 141e and 141f are considered curling portions of the safety vent; [0062]).
Regarding claim 7, Kim further discloses wherein: the safety vent is formed with a bent portion bent in a direction away from the electrode assembly ([0051]; the upper region of the safety vent is bent upwards and away from the electrode assembly, see Fig. 2A).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FELICITY B. ALBAN whose telephone number is (703)756-5398. The examiner can normally be reached Monday-Friday 7:30-5:00.
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/F.B.A./Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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