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 .
This is a final office action in response to Applicant's remarks and amendments filed on 04/28/2026. Claims 1, 5, and 9 are currently amended. Claims 4 and 7 are canceled. Claims 1-3, 5-6, and 8-10 are pending review in this action. The previous objections regarding the Drawing and the Claims are withdrawn in light of Applicant's amendment to the Drawings and the Claims. The previous 35 U.S.C. 112(b) rejections are withdrawn in light of Applicant's amendment to Claims 1 and 9. The previous 35 U.S.C. 103 rejections are withdrawn in light of Applicant's amendment to Claim 1, however the previously cited prior art has been upheld as reading on the claims. Updated rejections necessitated by Applicant’s amendments are detailed below.
Drawings
The drawings were received on 04/28/2026. These drawings are accepted.
Claim Interpretation
Claim 1 recites “the cathode is of a multi-tab structure and the anode is of a full-tab structure” in line 6. The terms “multi-tab” and “full-tab” do not appear to be clearly defined within the instant specification and do not appear to be common terms within the art. As such, for purposes of examination these terms will be examined using the broadest reasonable interpretation.
Claim Rejections - 35 USC § 112 (b)
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 1-3, 5-6, and 8-10 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.
Claim 1 recites the limitations "a cathode, an anode, a cathode foil, an anode foil” (line 4), “the cathode is of a multi-tab structure and the anode is of a full-tab structure” (line 6), and “an extension length of the anode foil beyond the battery cell after being pressed make adjacent layers of anode foil overlap each other, forming an anode lead-out portion” (lines 32-33). The instant specification describes a cathode lead-out structure as “configured as a multi-tab structure” and an anode lead-out structure as “configured as a full-tab structure” (p.4, lines 21-31). The instant specification further describes that “the current collector structure is utilized for the anode and the multi-tab connection is adopted for the cathode”. Thus, the instant specification appears to suggest that the cathode and cathode lead-out structure are referring to the same structure, and likewise the anode and anode-lead out structure are referring to the same structure. However, as Claim 1 recites both “an anode” and “an anode lead-out portion”, it is unclear what structure is being referred to within the limitations. For purposes of examination, “an anode” and “an anode lead-out portion” will be considered to be referring to the same structure within the cylindrical lithium battery. Claims 2-3, 5-6, and 8-10 are also rejected due to their dependency upon Claim 1.
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.
Claims 1 and 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Sumihara et al. (US 2010/0239897 A1) further in view of Nakai et al. (US 2010/0310929 A1).
In Regards to Claim 1:
Sumihara discloses a cylindrical lithium battery (secondary battery, 20) comprising a shell (battery case, 11), a battery cell (electrode group, 10), a cathode battery cover-plate assembly (positive electrode current collector terminal plate, 4, and sealing gasket, 13) and an anode battery cover-plate assembly (negative electrode current collector terminal plate, 9, and coned disc spring, 14B) (Figure 11, [0001, 0127, 0143]). Sumihara further discloses that the battery cell (electrode group, 10) being positioned inside the shell (battery case, 11), and the battery cell (electrode group, 10) comprising a cathode (portions of positive electrode plate, 3, which are in contact with positive electrode current collector terminal plate, 4, and positive electrode current collector terminal plate, 4), an anode (portions of negative electrode plate, 7, which are in contact with negative electrode current collector terminal plate, 9, and negative electrode current collector terminal plate, 9), a cathode foil (positive electrode plate, 3), an anode foil (negative electrode plate, 7) and a separator (8), the cathode foil (positive electrode plate, 3) and the anode foil (negative electrode plate, 7) being separated by the separator (8) and wound into a cylinder (Figures 1 and 11, [0121]). Sumihara further discloses that a plurality of cathode tabs (portions of positive electrode plate, 3, which are in contact with the positive electrode current collector terminal plate, 4, see Figure 1) are provided at an interval on an upper end of the cathode foil (positive electrode plate, 3) (Figure 1, [0121, 0124]). Sumihara further discloses that a lower end of the battery cell (electrode group, 10) is arranged in an unaligned manner, wherein at the lower end of the battery cell (electrode group, 10), the cathode foil (positive electrode plate, 3), the separator (8), and the anode foil (negative electrode plate, 7) are arranged in ascending order in length (Figures 1 and 11, [0121]). Sumihara further discloses that an extension portion (portions of negative electrode plate, 7, which are in contact with the negative electrode current collector terminal plate, 9, see Figure 1) of the anode foil (negative electrode plate, 7) is covered by the lower end of the battery cell (electrode group, 10) by pressing (via the coned disc spring, 14B), and is separated from the cathode foil (positive electrode plate, 3) by the separator (8) (Figures 1 and 11, [0124, 0127, 0143]). Sumihara further discloses that the cathode battery cover-plate assembly (positive electrode current collector terminal plate, 4, and sealing gasket, 13) comprises a disc-shaped cathode battery cover plate (positive electrode current collector terminal plate, 4) and a sealing body (sealing gasket, 13), and the sealing body (sealing gasket, 13) is configured to an annular structure, the sealing body (sealing gasket, 13) is arranged along the periphery of the cathode battery cover plate (positive electrode current collector terminal plate, 4) and is fixedly connected to the cathode battery cover plate (positive electrode current collector terminal plate, 4) (Figure 11, [0127-0128]). Sumihara further discloses that the cathode tabs (portions of positive electrode plate, 3, which are in contact with the positive electrode current collector terminal plate, 4, see Figure 1) are electrically connected to the cathode battery cover plate (positive electrode current collector terminal plate, 4) (Figure 1, [0124, 127]). Sumihara further discloses that the anode battery cover-plate assembly (negative electrode current collector terminal plate, 9, “bottom” portion of battery case, 11, and coned disc spring, 14B) comprises a current collector (negative electrode current collector terminal plate, 9), an anode battery cover plate (“bottom” portion of battery case, 11), and a current collector support (coned disc spring, 14B), the current collector support (coned disc spring, 14B) is an annular part having a notch (slits, 15B) at a side thereof (Figures 9 and 11, [0139, 0143, 0190]). Sumihara further discloses that the current collector (negative electrode current collector terminal plate, 9) has a current collector body (region of negative electrode current collector terminal plate, 9, which is in contact with coned disc spring, 14B, see Figure 11) and a current collector connecting portion (region of negative electrode current collector terminal plate, 9, which is in contact with “bottom” portion of battery case, 11, via the coned spring disc, 14), the current collector body (region of negative electrode current collector terminal plate, 9, which is in contact with coned disc spring, 14B, see Figure 11) is fixedly connected to an upper portion of the current collector support (coned disc spring, 14B) (Figure 11, [0127, 0129]). Sumihara further discloses that the current collector connecting portion (region of negative electrode current collector terminal plate, 9, which is in contact with “bottom” portion of battery case, 11, via the coned spring disc, 14) is located at the side of the annular part with the notch (slits, 15B), and the current collector connecting portion (slits, 15B) is fixedly connected to the anode battery cover plate (“bottom” portion of battery case, 11) (Figure 11, [0127, 0129]). Sumihara further discloses that the current collector connecting portion (region of negative electrode current collector terminal plate, 9, which is in contact with “bottom” portion of battery case, 11, via the coned spring disc, 14) enables the anode battery cover plate (“bottom” portion of battery case, 11) to be positioned below the current collector support (coned disc spring, 14B) in an installation state, the current collector body (region of negative electrode current collector terminal plate, 9, which is in contact with coned disc spring, 14B, see Figure 11) is electrically connected to the extension portion (portions of negative electrode plate, 7, which are in contact with the negative electrode current collector terminal plate, 9, see Figure 1) of the anode foil (negative electrode plate, 7) (Figure 11, [0124, 0127]). Sumihara further discloses that the shell (battery case, 11) is in the form of a pipe (Figure 11, [0127]). Looking to Figure 11 of Sumihara, it can furthermore be seen that the extension lengths of the anode foil (negative electrode plate, 7) beyond the battery cell (electrode group, 10) do indeed overlap each other from the left-to-right direction of the figure, thus, such an overlapping area may be considered an anode lead-out portion. Sumihara further discloses that the current collector body (region of negative electrode current collector terminal plate, 9, which is in contact with coned disc spring, 14B, see Figure 11) is substantially disc-shaped and is enclosed along its lower periphery by the annular part (Figure 11, 0124]).
As detailed above under “Claim Interpretation”, the terms “multi-tab” and “full-tab” do not appear to be clearly defined within the instant specification and do not appear to be common terms within the art. As such, the skilled artisan would appreciate that the cathode (portions of positive electrode plate, 3, which are in contact with positive electrode current collector terminal plate, 4, and positive electrode current collector terminal plate, 4) may be considered to be a multi-tab structure as there are multiple sections of the cathode foil (positive electrode plate, 3) which are in contact with the disc-shaped cathode battery cover plate (positive electrode current collector terminal plate, 4). Likewise, the skilled artisan would appreciate that the an anode (portions of negative electrode plate, 7, which are in contact with negative electrode current collector terminal plate, 9, and negative electrode current collector terminal plate, 9) may be considered a full-tab structure, as the extension lengths of the anode foil (negative electrode plate, 7) beyond the battery cell (electrode group, 10) overlap each other from the left-to-right direction of the figure, and thus may be considered an anode lead-out portion as described by the instant specification to be a full-tab structure (p.4, lines 21-31).
Sumihara is deficient in disclosing 1) that the shell is a metal pipe, 2) that the cathode battery cover plate is provided with a safety valve, 3) that the current collector connecting portion has a flexible bent structure; 4) that the current collector body has a bending portion that is bent downward at the periphery of the current collector body, 5) that the annular part is a plastic part, 6) that the annular part encloses the bending portion of the current collector body by injection molding, and 7) that the current collector body and the annular part form an integral structure.
Regarding 1)-4), Nakai discloses a cylindrical lithium battery (20) comprising a shell (battery container, 7), a battery cell (electrode winding body, 6) accommodated in the shell (battery container, 7), an anode battery cover plate assembly (negative electrode lead plate, 8), and a cathode battery cover plate assembly (diaphragm, 12, and coupling part, 14) (Figures 1 and 3, [0029, 0031, 0034]). Nakai further discloses that the shell (battery container, 7) is in the form of a metal pipe (Figure 1, [0029]). Nakai further discloses that the cathode battery cover plate assembly (diaphragm, 12, and coupling part, 14) comprises a safety valve (gas exhaust valve, 12a), which serves to cleave in response to elevated pressure within the battery, thus improving battery safety (Figure 3B, [0031, 0065]). Nakai further discloses that the anode battery cover plate (negative electrode lead plate, 8) serves as a current collector having a flexible bent structure (Figure 1, [0034]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the material of the pipe-shaped shell of Sumihara, a metal material, as it is known in the art that a pipe-shape shell for a cylindrical lithium battery may be suitably formed from a metal material, as taught by Nakai. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modification, the limitation of Claim 1 requiring that the shell is a metal pipe, is met.
It would be further obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the cathode battery cover plate of Sumihara to include the safety valve of Nakai, as it is known in the art as a useful feature for a cathode battery cover plate of a cylindrical lithium battery to possess, as taught by Nakai. By including such a feature, the skilled artisan would have a reasonable expectation of success in improving the safety of the cylindrical lithium battery by providing a means of relieving internal pressure of the battery during abnormal operation, as taught by Nakai. Upon the above modification, the limitation of Claim 1 requiring that the cathode battery cover plate is provided with a safety valve, is met.
Furthermore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the anode current collector of Sumihara to have a flexible bent structure, as it is known in the art that an anode current collector for use in a cylindrical lithium battery may suitably have a flexible and bent configuration, as taught by Nakai. Furthermore, the selection of a known configuration based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modification, the limitation of Claim 1 requiring that the current collector connecting portion has a flexible bent structure, is met.
Upon the above modifications, modified Sumihara discloses that the current collector body (region of negative electrode current collector terminal plate, 9, which is in contact with coned disc spring, 14B, see Figure 11) has a bending portion that is bent downward at the periphery of the current collector body (region of negative electrode current collector terminal plate, 9, which is in contact with coned disc spring, 14B, see Figure 11) (Figure 11), and thus the bending portion would be enclosed by the annular part. Sumihara further discloses that the current collector support (coned disc spring, 14B) including the annular part is formed from a conductive material (Figure 11, [0127]).
The examiner notes that the claim recites a product, but also includes a limitation directed to a particular method for obtaining the structure of the claimed product. Specifically, Claim 4 recites that the annular part encloses the bending portion of the current collector by injection molding. Patentability of product-by-process claims is based on the product itself. If the product in the product-by-process claim is the same as or obvious from the product of the prior art, the claim is unpatentable even though the prior product was made by a different process. MPEP 2113 citing In re Thorpe, 777 F.2d 695,698, 227 USPQ964, 966 (Fed. Cir. 1985). The structure resulting from the above limitation would be having the bending portion of the current collector be surrounded by the annular part. Although the above cited prior art does not specifically recite that the annular part encloses the bending portion by injection molding, the skilled artisan would appreciate that the structure of modified Sumihara does result in the bending portion of the current collector being surrounded by the annular part. Thus, the limitation is considered met.
Regarding 5)-7), Sumihara discloses an additional embodiment of the cylindrical lithium battery (secondary battery, 20) wherein an annular conduction cutoff member (21) may be positioned to surround a disc-shaped insulator (15) between the current collector (negative electrode current collector terminal plate, 9) and the anode battery cover plate (“bottom” portion of battery case, 11) (Figure 16). Sumihara further discloses that the conduction cutoff member (21) is formed from a non-woven fabric made from a resin fiber coated with a metal, wherein the resin is preferably polypropene or polyethylene (i.e., plastic) (Figure 16, [0185, 0187, 0190]). Sumihara further discloses that the conduction cutoff member (21) serves to electrically connect the current collector (negative electrode current collector terminal plate, 9) and the anode battery cover plate (“bottom” portion of battery case, 11) during normal operation, but in the case of abnormally high temperatures during a short-circuiting event, the conduction is cut-off by the fibers of the conduction cutoff member (21) being melted, thus preventing thermal runaway during a short circuiting event (Figure 16, [0186]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the invention to select for the material of the annular part of Sumihara, the non-woven fabric comprising the resin fibers as taught by Sumihara, as such a material is known in the art as a useful conductive material for a cylindrical lithium battery, as taught by Sumihara. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). By doing so, the skilled artisan would have a reasonable expectation of success in improving the safety of the battery by preventing thermal runaway during a short-circuiting event, as taught by Sumihara.
Furthermore, the it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to further modify the anode battery cover-plate assembly of Sumihara to have the annular part and the current collector body be made integral, as modified Sumihara teaches that the annular part surrounds and is in contact with the bending portion of the current collector body, as detailed above. Furthermore, an object being integral or separable is a matter of design choice absent persuasive evidence the particular configuration of the claimed object is significant (MPEP 2144.04 V). Upon the above modifications, all of the limitations of Claim 1 are met.
In Regards to Claim 5 (Dependent Upon Claim 1):
Sumihara as modified by Nakai discloses the cylindrical lithium battery of Claim 1 as set forth above. Sumihara further discloses that the current collector body (region of negative electrode current collector terminal plate, 9, which is in contact with coned disc spring, 14B, see Figure 11) has several reinforcement grooves (welding locations, 4a) that are radially arranged thereon (Figures 3 and 9, [0125]). Sumihara further discloses that the current collector body (region of negative electrode current collector terminal plate, 9, which is in contact with coned disc spring, 14B, see Figure 11) has a sector portion (see annotated Figure 3 below) between adjacent reinforcement grooves (welding locations, 4a), the sector portion (see annotated Figure 3 below) constitutes an anode welding and connecting portion (Figures 3 and 11, [0125, 0155]). Thus, all of the limitations of Claim 5 are met.
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Annotated Figure 2 (Sumihara US 2010/0239897 A1)
In Regards to Claim 6 (Dependent Upon Claim 5):
Sumihara as modified by Nakai discloses the cylindrical lithium battery of Claim 5 as set forth above. Sumihara further discloses that four reinforcement grooves (welding locations, 4a) are arranged evenly at an interval of angle 90° on the current collector body (region of negative electrode current collector terminal plate, 9, which is in contact with coned disc spring, 14B, see Figure 11) (Figure 3, [0125]).
Although Sumihara foes not explicitly disclose that the notch (slits, 15B) is provided between two of the reinforcement grooves (welding locations, 4a), the skilled artisan would appreciate that as there are four reinforcement grooves (welding locations, 4a) and a plurality of notches (slits, 15B), there is necessarily a notch (slits, 15B) between two of the reinforcement grooves (welding locations, 4a) when assembled (Figures 3, 9, and 11).
The examiner notes that the term “a radian” as written is a broad limitation and is subject to the broadest reasonable interpretation during the review of prior art. As such, and considering that there are a plurality of notches (slits, 15B), the skilled artisan would appreciate that the notch (slits, 15B) necessarily has a radian between 60° and 90°. For example, considering “the notch” as extending across the circumference of three individual notches (slits, 15B) along the annular part (see Figure 9). As such, all of the limitations of Claim 6 are met.
Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Sumihara et al. (US 2010/0239897 A1) as modified by Nakai et al. (US 2010/0310929 A1), as applied to Claim 1 above, further in view of CI (CN 105405991 A) and Liu (CN 104466077 A). The examiner notes that citations directed to CI (CN 105405991 A) and Liu (CN 104466077 A) are made in reference to the respective English machine translations attached to the previous office action (Non-Final Rejection dated 03/19/2026).
In Regards to Claim 2 (Dependent Upon Claim 1):
Sumihara as modified by Nakai discloses the cylindrical lithium battery of Claim 1 as set forth above. Upon the modification detailed above in the rejection of Claim 1, modified Sumihara discloses that a through hole (gas exhaust valve,12a, see Figure 3B of Nakai, [0031]) is provided at the center of the cathode battery cover plate (positive electrode current collector terminal plate, 4) (Figure 11). Sumihara further discloses that the cathode battery cover plate (positive electrode current collector terminal plate, 4) is provided with a periphery to form a sealing body fixation portion (Figure 1, [0124]). Sumihara further discloses that the sealing body (sealing gasket, 13) encloses the sealing body fixation portion within the shell (battery case, 11) (Figure 11, [0128]). Sumihara further discloses that one end of the shell (battery case, 11) covers the sealing body (sealing gasket, 13) through mechanical rolling (i.e., crimping), so that the shell (battery case, 11) is hermetically fixed to the cathode battery cover plate (positive electrode current collector terminal plate, 4) (Figure 11, [0127-0128]).
The examiner notes that the term “a thickness” as written is a broad limitation and is subject to the broadest reasonable interpretation during the review of prior art. As such, the skilled artisan would appreciate that there is necessarily a thickness of the periphery which is less than a thickness of the cathode battery cover plate (positive electrode current collector terminal plate, 4). For example, a thickness of the periphery may be selected as half the total thickness of the cathode battery cover plate (positive electrode current collector terminal plate, 4). Likewise a thickness of the cathode battery cover plate (positive electrode current collector terminal plate, 4) may be selected as the total thickness of the cathode battery cover plate (positive electrode current collector terminal plate, 4).
Sumihara is deficient in disclosing 1) that a periphery of the through hole has a stepped structure, the through hole and the stepped structure at the periphery of the through hole together constitute an installation position for the safety valve, while the battery is in a factory state, the safety valve is fixed at the installation position for the safety valve, and 2) that the through hole is used as a liquid injection hole.
Regarding 1), CI discloses a battery cover plate assembly (cover plate body, 1) for a battery, the battery cover plate assembly (cover plate body, 1) comprising a safety valve (explosion-proof structure, 5) (Figure 1, [0002, 0008, 0027]). CI further discloses that the safety valve (explosion-proof structure, 5) comprises a through hole (hole within explosion-proof valve body, 51), wherein the through hole (hole within explosion-proof valve body, 51) has a stepped structure located at a periphery of the through hole (hole within explosion-proof valve body, 51) (Figure 2, [0040]). CI further discloses that the stepped structure serves as an installation position for the safety valve (explosion-proof structure, 5), and further serves to fix the components of the safety valve (explosion-proof structure, 5) at the installation position (Figure 2, [0040]). CI further discloses that such a safety valve (explosion-proof structure, 5) configuration produces a battery cover plate assembly (cover plate body, 1) which is simplistic, not prone to leakage, and provides a stable battery performance [0006].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the through hole of the safety valve of Sumihara to include the stepped structure taught by CI, such that the stepped structure serves as an installation position for the safety valve, as it is known in the art as a suitable configuration for a though hole of a safety valve in a battery cover plate assembly to possess, as taught by CI. By doing so, the skilled artisan would have a reasonable expectation of success in providing a battery cover plate assembly which is simplistic, not prone to leakage, and provides a stable battery performance, as taught by CI.
Upon the above modification, the skilled artisan would appreciate that the stepped structure would indeed serve as an installation position for the safety valve while the battery is in a factory state. As such, following the above modification, the limitations of Claim 2 requiring that a periphery of the through hole has a stepped structure, the through hole and the stepped structure at the periphery of the through hole together constitute an installation position for the safety valve, while the battery is in a factory state, and that the safety valve is fixed at the installation position for the safety valve, are met.
Regarding 2), Liu discloses a battery (cylindrical battery) comprising a battery cover plate which includes a safety valve (cylindrical power battery electrolyte-filled explosion-proof
terminal structure) (Figures 1 and 2, [0028]). Liu further discloses that the safety valve (cylindrical power battery electrolyte-filled explosion-proof terminal structure) comprises a through hole (electrolyte-filling through-hole, 14) in the battery cover plate (Figure 2, [0028]). Liu further discloses that the through hole (electrolyte-filling through-hole, 14) of the safety valve (cylindrical power battery electrolyte-filled explosion-proof terminal structure) may be utilized to introduce an electrolyte into the battery (cylindrical battery) (Figure 2, [0028, 0029]). Liu further discloses that such an electrolyte injection/safety valve configuration allows for efficient use of the small space available in typical cylindrical-type batteries [0030].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to further modify the battery of Sumihara to utilize the through hole of modified Sumihara as an electrolyte injection hole, as it is known in the art that a through hole for a safety valve in a battery may further be used as an electrolyte injection hole, as taught by Liu. By doing so, the skilled artisan would have a reasonable expectation of success in improving the effectiveness and efficiency of the small spaces provided on the battery cover plate assembly of Sumihara, as taught by Liu. Upon the above modifications, all of the limitations of Claim 2 are met.
In Regards to Claim 3 (Dependent Upon Claim 2):
Sumihara as modified by Nakai, CI, and Liu discloses the cylindrical lithium battery of Claim 2 as set forth above. Upon the modification detailed above in the rejection of Claim 1, modified Sumihara discloses that the safety valve comprises a safety valve body (gas exhaust valve structure taught by Nakai). Upon the modification detailed above in the rejection of Claim 2, modified Sumihara discloses that the safety valve comprises the stepped structure taught by CI at the periphery of the through hole, the stepped structure having a first step (see annotated Figure 2 of CI below) and a second step (see annotated Figure 2 of CI below) shallower than the first step (see annotated Figure 2 of CI below). Modified Sumihara further discloses that within the through hole, the first step (see annotated Figure 2 of CI below) and the second step (see annotated Figure 2 of CI below) are arranged sequentially from inside to outside, and the periphery of the safety valve body (gas exhaust valve structure) is fixed to the first step (see annotated Figure 2 of CI below).
Sumihara is deficient in disclosing that the safety valve comprises a safety valve cap, wherein the safety valve cap is fixed to the second step.
CI further discloses that the (explosion-proof structure, 5) comprises a safety valve cap (explosion-proof membrane, 52), which is provided on and fixed to a second step (second tread surface, 513) of the stepped structure (Figure 2, [0040]). CI further discloses that such a safety valve (explosion-proof structure, 5) configuration produces a battery cover plate assembly (cover plate body, 1) which is simplistic, not prone to leakage, and provides a stable battery performance [0006].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to further modify the safety valve of Sumihara to include a safety valve cap and have the safety valve cap be fixed to the second step of the stepped structure, as it is known in the art that such a feature and configuration is useful for a safety valve in a battery, as taught by CI. By doing so, the skilled artisan would have a reasonable expectation of success in providing a battery cover plate assembly which is simplistic, not prone to leakage, and provides a stable battery performance, as taught by CI. Upon the above modification, all of the limitations of Claim 3 are met.
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Annotated Figure 2 (CI CN 105405991 A)
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Sumihara et al. (US 2010/0239897 A1) as modified by Nakai et al. (US 2010/0310929 A1), as applied to Claim 1 above, further in view of Kubota et al. (US 2015/0072201 A1).
In Regards to Claim 8 (Dependent Upon Claim 1):
Sumihara as modified by Nakai discloses the cylindrical lithium battery of Claim 1 as set forth above. Sumihara further discloses that the shell (battery case, 11) is in the form of a pipe (Figure 11, [0127]).
Sumihara is silent to the material of the shell.
Kubota discloses a cylindrical lithium battery (cylindrical secondary battery, 1) comprising a shell (closed-end cylindrical battery can, 2) (Figure 1, [0035, 0038]). Kubota further discloses that the shell (closed-end cylindrical battery can, 2) may be comprised of stainless steel (Figure 1, [0038]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the material of the shell of Sumihara, stainless steel, as it is known in the art as a suitable material for the shell of a cylindrical lithium battery, as taught by Kubota. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modification, all of the limitations of Claim 8 are met.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Sumihara et al. (US 2010/0239897 A1) as modified by Nakai et al. (US 2010/0310929 A1), CI (CN 105405991 A), and Liu (CN 104466077 A), as applied to Claim 3 above, further in view of Zhang et al. (US 2014/0087225 A1) and Jarvis et al. (US 2017/0170439 A1).
The examiner notes that citations directed to CI (CN 105405991 A) and Liu (CN 104466077 A) are made in reference to the respective English machine translations attached to the previous office action (Non-Final Rejection dated 03/19/2026).
In Regards to Claim 9 (Dependent Upon Claim 3):
Sumihara as modified by Nakai, CI, and Liu discloses the cylindrical lithium battery of Claim 3 as set forth above. Sumihara further discloses a method for producing a cylindrical lithium battery (secondary battery, 20) of Claim 3, comprising steps of: (1) stacking the cathode foil (positive electrode plate, 3) and the anode foil (negative electrode plate, 7) and separating the cathode foil (positive electrode plate, 3) and the anode foil (negative electrode plate, 7) with the separator (8), then winding them into a cylinder (Figure 1, [0121]). Sumihara further discloses a step (2) of shaping (i.e., not coating specific region of positive electrode current collector, 1) and welding the cathode tabs (portions of positive electrode plate, 3, which are in contact with the positive electrode current collector terminal plate, 4, see Figure 1) to the cathode battery cover plate (positive electrode current collector terminal plate, 4) (Figure 1, [0122, 0125]). Sumihara further discloses a step (3) wherein the current collector connecting portion (region of negative electrode current collector terminal plate, 9, which is in contact with “bottom” portion of battery case, 11, via the coned spring disc, 14) is connected to the battery cell (electrode group, 10) via laser welding (Figure 11, [0125]). Sumihara further discloses that the anode battery cover plate (“bottom” portion of battery case, 11) is in close physical and electrical contact with the current collector connecting portion (region of negative electrode current collector terminal plate, 9, which is in contact with “bottom” portion of battery case, 11, via the coned spring disc, 14) via the current collector support (coned disc spring, 14B), to obtain the anode battery cover-plate assembly (negative electrode current collector terminal plate, 9, “bottom” portion of battery case, 11, and coned disc spring, 14B) (Figure 11, [0127]). Sumihara further discloses a step (4) of multiple spot welding the extension portion (portions of negative electrode plate, 7, which are in contact with the negative electrode current collector terminal plate, 9, see Figure 1) of the anode foil (negative electrode plate, 7) with the current collector body (region of negative electrode current collector terminal plate, 9, which is in contact with coned disc spring, 14B, see Figure 11), thus making the anode battery cover-plate assembly (negative electrode current collector terminal plate, 9, “bottom” portion of battery case, 11, and coned disc spring, 14B) assemble to the battery cell (electrode group, 10) and obtaining an anode battery cover plate-battery cell assembly (negative electrode current collector terminal plate, 9, “bottom” portion of battery case, 11, and coned disc spring, 14B) (Figure 11, [0125, 0155]). Sumihara further discloses a step (5) of placing the anode battery cover plate-battery cell assembly (negative electrode current collector terminal plate, 9, “bottom” portion of battery case, 11, and coned disc spring, 14B) into the shell (battery case, 11), and completely sealing the periphery of the anode battery cover plate (“bottom” portion of battery case, 11) and the shell (battery case, 11), as they are integral to one another (Figure 11, [0127, 0161]). Sumihara further discloses a step (6) of welding the cathode tabs (portions of positive electrode plate, 3, which are in contact with the positive electrode current collector terminal plate, 4, see Figure 1) to a back side of the cathode battery cover plate (positive electrode current collector terminal plate, 4), then installing the cathode battery cover plate (positive electrode current collector terminal plate, 4) in the shell (battery case, 11), and fixing and sealing the shell (battery case, 11) to the cathode battery cover plate (positive electrode current collector terminal plate, 4) through mechanical rolling (i.e., crimping) (Figure 11, [0125, 0128, 0161]). Sumihara further discloses a step (7) of injecting an electrolyte into the shell (battery case, 11) following the insertion of the battery cell (electrode group, 10), the cathode battery cover-plate assembly (positive electrode current collector terminal plate, 4, and sealing gasket, 13) and the anode battery cover-plate assembly (negative electrode current collector terminal plate, 9, and coned disc spring, 14B) into the shell (battery case, 11) (Figure 11, [0156]), thus although Sumihara does not explicitly disclose extracting air from the battery through a through hole on the cathode battery cover plate (positive electrode current collector terminal plate, 4), the skilled artisan would appreciate that there is necessarily some through hole present on the cathode battery cover plate (positive electrode current collector terminal plate, 4) to allow the electrolyte to be injected into the shell (battery case, 11) following the insertion of the cathode battery cover-plate assembly (positive electrode current collector terminal plate, 4, and sealing gasket, 13). Likewise, the skilled artisan would appreciate that there is necessarily an extraction of air when the electrolyte is inserted due to the finite amount of volume present within the shell (battery case, 11). Modified Sumihara discloses that the safety valve is present on the cathode battery cover plate (positive electrode current collector terminal plate, 4), as detailed above in the rejection of Claim 1. Sumihara further discloses that the cathode tabs (portions of positive electrode plate, 3, which are in contact with the positive electrode current collector terminal plate, 4, see Figure 1) are welded to the cathode battery cover plate (positive electrode current collector terminal plate, 4), and placed inside of the shell (battery case, 11) to accomplish assembly of the lithium battery (secondary battery, 20) (Figure 11, [0125, 0156]).
Sumihara is deficient in disclosing 1) that the welding of the cathode tabs is done using ultrasonic welding; 2) the flattening of the extension portion of the anode foil, to form a battery cell; 3) that periphery of the anode battery cover plate and the shell (battery case, 11) are sealed by welding.
Regarding 1), Nakai further teaches that the welding of various components of a battery may be performed by a number of welding types such as ultrasonic welding, laser welding, and arc welding [0004].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the type of welding used for welding the cathode tabs, ultrasonic welding, as ultrasonic welding is a known alternative to laser welding for use in manufacturing a battery, as taught by Nakai. The substitution of known equivalent structures involves only ordinary skill in the art. In re Fout 213 USPQ 532 (CCPA 1982); In re Susi 169 USPQ 423 (CCPA 1971); In re Siebentritt 152 USPQ 618 (CCPA 1967); In re Ruff 118 USPQ 343 (CCPA 1958). When a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result. Upon the above modification, the limitation of Claim 9 requiring that the welding of the cathode tabs is done using ultrasonic welding, is met.
Regarding 2), Zhang discloses a method for producing a cylindrical lithium battery (high-capacity cylindrical lithium ion battery) comprising an anode foil (anode electrode) which includes anode tabs (tab positions) extended at an end of the anode foil (anode electrode) [0040]. Zhang further discloses that the method includes a step of flattening the anode tabs (tab positions) of the anode foil (anode electrode) via pressing, followed by welding an anode battery cover plate (collector plates) on the flattened anode tabs (tab positions) [0040]. Zhang further discloses that the flattening of the anode tabs (tab positions) prior to welding increases the rigidity of the anode tabs (tab positions) such that the welding strength is improved [0024].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to further modify the method of Sumihara to include a step of flattening the extension portion of the anode foil prior to welding the extension portion to the anode battery cover plate, in order to increase the welding strength between the anode foil extension portion and the anode battery cover plate, as taught by Zhang. By doing so, the limitation of Claim 9 requiring the flattening of the extension portion of the anode foil, to form a battery cell, is met.
Regarding 3), Jarvis discloses a plurality of forming operations which are suitable for assembling a battery enclosure and enclosing a battery cell, the plurality of forming operations including a cap, a press-fit configuration, a crimp, a weld, and an adhesive [0140].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the means of sealing the periphery of the anode battery cover plate and the shell of Sumihara, welding, as Sumihara is silent to the means of sealing the periphery of the anode battery cover plate and the shell, and as Jarvis teaches that welding is suitable for assembly and securing a battery enclosure. Furthermore, the selection of a known process based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modifications, all of the limitations of Claim 9 are met.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Sumihara et al. (US 2010/0239897 A1) as modified by Nakai et al. (US 2010/0310929 A1), CI (CN 105405991 A), Liu (CN 104466077 A), Zhang et al. (US 2014/0087225 A1), and Jarvis et al. (US 2017/0170439 A1), as applied to Claim 9 above, further in view of Duernegger (US 2014/0322588 A1).
The examiner notes that citations directed to CI (CN 105405991 A) and Liu (CN 104466077 A) are made in reference to the respective English machine translations attached to the previous office action (Non-Final Rejection dated 03/19/2026).
In Regards to Claim 10 (Dependent Upon Claim 9):
Sumihara as modified by Nakai, CI, Liu, Zhang, and Jarvis discloses the method for producing a cylindrical lithium battery of Claim 9 as set forth above. As detailed above in the rejection of Claim 9, Modified Sumihara discloses that the safety valve is present on the cathode battery cover plate (positive electrode current collector terminal plate, 4), as detailed above in the rejection of Claim 1. Sumihara further discloses that the cathode tabs (portions of positive electrode plate, 3, which are in contact with the positive electrode current collector terminal plate, 4, see Figure 1) are welded to the cathode battery cover plate (positive electrode current collector terminal plate, 4), and placed inside of the shell (battery case, 11) to accomplish assembly of the lithium battery (secondary battery, 20) (Figure 11, [0125, 0156]).
Sumihara is deficient in disclosing 1) a safety valve cap which is installed after welding and fixing of the safety valve, and 2), that the whole battery is enveloped with an outer insulation film.
Regarding 1), CI discloses a battery cover plate assembly (cover plate body, 1) for a battery, the battery cover plate assembly (cover plate body, 1) comprising a safety valve (explosion-proof structure, 5) (Figure 1, [0002, 0008, 0027]). CI further discloses that the (explosion-proof structure, 5) comprises a safety valve cap (explosion-proof membrane, 52), which is provided on and fixed to a second step (second tread surface, 513) of the stepped structure (Figure 2, [0040]). CI further discloses that such a safety valve (explosion-proof structure, 5) configuration produces a battery cover plate assembly (cover plate body, 1) which is simplistic, not prone to leakage, and provides a stable battery performance [0006].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to further modify the safety valve of Sumihara to include a safety valve cap and have the safety valve cap be fixed to the second step of the stepped structure, as it is known in the art that such a feature and configuration is useful for a safety valve in a battery, as taught by CI. By doing so, the skilled artisan would have a reasonable expectation of success in providing a battery cover plate assembly which is simplistic, not prone to leakage, and provides a stable battery performance, as taught by CI.
Furthermore, it would be obvious to one of ordinary skill in the art to install the safety valve cap after welding and fixing of the safety valve, as such an order of operations is one of a finite number of possible orders such a combination of steps may be performed in (MPEP 2143 I, E). For example, the safety valve cap could only be installed before welding or after welding. Upon the above modifications, the limitation of Claim 10 requiring that a safety valve cap which is installed after welding and fixing of the safety valve, is met.
Regarding 2), Duernegger discloses a battery comprising a housing (100), wherein the housing (100 is coated with a varnish coating (111) for electrical insulation (Figure 3, [0004, 0009, 0038]). Duernegger further discloses that the varnish coating (111) is applied to the outer wall of the housing (100) (Figure 2, [0038]). Duernegger further discloses that he varnish coating (111) serves to improve the friction coefficient between the surfaces on which the varnish coating (111) is applied, thus preventing damage caused by friction (Figure 3, [0007, 0010-0011]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the method of Sumihara to include a step of enveloping the battery cell with the varnish coating of Duernegger, as it is known in the art as a beneficial component for a battery cell, as taught by Duernegger. By doing so, the skilled artisan would have a reasonable expectation of success in providing electrical insulation and preventing damage to the battery cell caused by friction, as taught by Duernegger. Upon the above modifications, all of the limitations of Claim 10 are met.
Response to Arguments
Applicant's arguments filed 04/28/2026 have been fully considered but they are not persuasive.
The Applicant argues that the prior art previously relied upon to reject Claim 1, Sumihara et al. (US 2010/0239897 A1) and Nakai et al. (US 2010/0310929 A1), fail to teach the newly added limitations of Claim 1.
The examiner respectfully disagrees. Applicant's arguments fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references.
As detailed above, under “Claim Interpretation”, Claim 1 recites “the cathode is of a multi-tab structure and the anode is of a full-tab structure” in line 6. The terms “multi-tab” and “full-tab” do not appear to be clearly defined within the instant specification and do not appear to be common terms within the art. As such, for purposes of examination these terms will be examined using the broadest reasonable interpretation.
Regarding the rejection of Claim 1 as detailed above, Sumihara discloses a cylindrical lithium battery (secondary battery, 20) comprising a shell (battery case, 11), a battery cell (electrode group, 10), a cathode battery cover-plate assembly (positive electrode current collector terminal plate, 4, and sealing gasket, 13) and an anode battery cover-plate assembly (negative electrode current collector terminal plate, 9, and coned disc spring, 14B) (Figure 11, [0001, 0127, 0143]). Sumihara further discloses that the battery cell (electrode group, 10) being positioned inside the shell (battery case, 11), and the battery cell (electrode group, 10) comprising a cathode (portions of positive electrode plate, 3, which are in contact with positive electrode current collector terminal plate, 4, and positive electrode current collector terminal plate, 4), an anode (portions of negative electrode plate, 7, which are in contact with negative electrode current collector terminal plate, 9, and negative electrode current collector terminal plate, 9), a cathode foil (positive electrode plate, 3), an anode foil (negative electrode plate, 7) and a separator (8), the cathode foil (positive electrode plate, 3) and the anode foil (negative electrode plate, 7) being separated by the separator (8) and wound into a cylinder (Figures 1 and 11, [0121]). Sumihara further discloses that a plurality of cathode tabs (portions of positive electrode plate, 3, which are in contact with the positive electrode current collector terminal plate, 4, see Figure 1) are provided at an interval on an upper end of the cathode foil (positive electrode plate, 3) (Figure 1, [0121, 0124]). Sumihara further discloses that a lower end of the battery cell (electrode group, 10) is arranged in an unaligned manner, wherein at the lower end of the battery cell (electrode group, 10), the cathode foil (positive electrode plate, 3), the separator (8), and the anode foil (negative electrode plate, 7) are arranged in ascending order in length (Figures 1 and 11, [0121]). Sumihara further discloses that an extension portion (portions of negative electrode plate, 7, which are in contact with the negative electrode current collector terminal plate, 9, see Figure 1) of the anode foil (negative electrode plate, 7) is covered by the lower end of the battery cell (electrode group, 10) by pressing (via the coned disc spring, 14B), and is separated from the cathode foil (positive electrode plate, 3) by the separator (8) (Figures 1 and 11, [0124, 0127, 0143]). Sumihara further discloses that the cathode battery cover-plate assembly (positive electrode current collector terminal plate, 4, and sealing gasket, 13) comprises a disc-shaped cathode battery cover plate (positive electrode current collector terminal plate, 4) and a sealing body (sealing gasket, 13), and the sealing body (sealing gasket, 13) is configured to an annular structure, the sealing body (sealing gasket, 13) is arranged along the periphery of the cathode battery cover plate (positive electrode current collector terminal plate, 4) and is fixedly connected to the cathode battery cover plate (positive electrode current collector terminal plate, 4) (Figure 11, [0127-0128]). Sumihara further discloses that the cathode tabs (portions of positive electrode plate, 3, which are in contact with the positive electrode current collector terminal plate, 4, see Figure 1) are electrically connected to the cathode battery cover plate (positive electrode current collector terminal plate, 4) (Figure 1, [0124, 127]). Sumihara further discloses that the anode battery cover-plate assembly (negative electrode current collector terminal plate, 9, “bottom” portion of battery case, 11, and coned disc spring, 14B) comprises a current collector (negative electrode current collector terminal plate, 9), an anode battery cover plate (“bottom” portion of battery case, 11), and a current collector support (coned disc spring, 14B), the current collector support (coned disc spring, 14B) is an annular part having a notch (slits, 15B) at a side thereof (Figures 9 and 11, [0139, 0143, 0190]). Sumihara further discloses that the current collector (negative electrode current collector terminal plate, 9) has a current collector body (region of negative electrode current collector terminal plate, 9, which is in contact with coned disc spring, 14B, see Figure 11) and a current collector connecting portion (region of negative electrode current collector terminal plate, 9, which is in contact with “bottom” portion of battery case, 11, via the coned spring disc, 14), the current collector body (region of negative electrode current collector terminal plate, 9, which is in contact with coned disc spring, 14B, see Figure 11) is fixedly connected to an upper portion of the current collector support (coned disc spring, 14B) (Figure 11, [0127, 0129]). Sumihara further discloses that the current collector connecting portion (region of negative electrode current collector terminal plate, 9, which is in contact with “bottom” portion of battery case, 11, via the coned spring disc, 14) is located at the side of the annular part with the notch (slits, 15B), and the current collector connecting portion (slits, 15B) is fixedly connected to the anode battery cover plate (“bottom” portion of battery case, 11) (Figure 11, [0127, 0129]). Sumihara further discloses that the current collector connecting portion (region of negative electrode current collector terminal plate, 9, which is in contact with “bottom” portion of battery case, 11, via the coned spring disc, 14) enables the anode battery cover plate (“bottom” portion of battery case, 11) to be positioned below the current collector support (coned disc spring, 14B) in an installation state, the current collector body (region of negative electrode current collector terminal plate, 9, which is in contact with coned disc spring, 14B, see Figure 11) is electrically connected to the extension portion (portions of negative electrode plate, 7, which are in contact with the negative electrode current collector terminal plate, 9, see Figure 1) of the anode foil (negative electrode plate, 7) (Figure 11, [0124, 0127]). Sumihara further discloses that the shell (battery case, 11) is in the form of a pipe (Figure 11, [0127]). Looking to Figure 11 of Sumihara, it can furthermore be seen that the extension lengths of the anode foil (negative electrode plate, 7) beyond the battery cell (electrode group, 10) do indeed overlap each other from the left-to-right direction of the figure, thus, such an overlapping area may be considered an anode lead-out portion. Sumihara further discloses that the current collector body (region of negative electrode current collector terminal plate, 9, which is in contact with coned disc spring, 14B, see Figure 11) is substantially disc-shaped and is enclosed along its lower periphery by the annular part (Figure 11, 0124]).
The skilled artisan would appreciate that the cathode (portions of positive electrode plate, 3, which are in contact with positive electrode current collector terminal plate, 4, and positive electrode current collector terminal plate, 4) may be considered to be a multi-tab structure as there are multiple sections of the cathode foil (positive electrode plate, 3) which are in contact with the disc-shaped cathode battery cover plate (positive electrode current collector terminal plate, 4). Likewise, the skilled artisan would appreciate that the an anode (portions of negative electrode plate, 7, which are in contact with negative electrode current collector terminal plate, 9, and negative electrode current collector terminal plate, 9) may be considered a full-tab structure, as the extension lengths of the anode foil (negative electrode plate, 7) beyond the battery cell (electrode group, 10) overlap each other from the left-to-right direction of the figure, and thus may be considered an anode lead-out portion as described by the instant specification to be a full-tab structure (p.4, lines 21-31).
Sumihara is deficient in disclosing 1) that the shell is a metal pipe, 2) that the cathode battery cover plate is provided with a safety valve, 3) that the current collector connecting portion has a flexible bent structure; 4) that the current collector body has a bending portion that is bent downward at the periphery of the current collector body, 5) that the annular part is a plastic part, 6) that the annular part encloses the bending portion of the current collector body by injection molding, and 7) that the current collector body and the annular part form an integral structure.
Regarding 1)-4), Nakai discloses a cylindrical lithium battery (20) comprising a shell (battery container, 7), a battery cell (electrode winding body, 6) accommodated in the shell (battery container, 7), an anode battery cover plate assembly (negative electrode lead plate, 8), and a cathode battery cover plate assembly (diaphragm, 12, and coupling part, 14) (Figures 1 and 3, [0029, 0031, 0034]). Nakai further discloses that the shell (battery container, 7) is in the form of a metal pipe (Figure 1, [0029]). Nakai further discloses that the cathode battery cover plate assembly (diaphragm, 12, and coupling part, 14) comprises a safety valve (gas exhaust valve, 12a), which serves to cleave in response to elevated pressure within the battery, thus improving battery safety (Figure 3B, [0031, 0065]). Nakai further discloses that the anode battery cover plate (negative electrode lead plate, 8) serves as a current collector having a flexible bent structure (Figure 1, [0034]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the material of the pipe-shaped shell of Sumihara, a metal material, as it is known in the art that a pipe-shape shell for a cylindrical lithium battery may be suitably formed from a metal material, as taught by Nakai. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modification, the limitation of Claim 1 requiring that the shell is a metal pipe, is met.
It would be further obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the cathode battery cover plate of Sumihara to include the safety valve of Nakai, as it is known in the art as a useful feature for a cathode battery cover plate of a cylindrical lithium battery to possess, as taught by Nakai. By including such a feature, the skilled artisan would have a reasonable expectation of success in improving the safety of the cylindrical lithium battery by providing a means of relieving internal pressure of the battery during abnormal operation, as taught by Nakai. Upon the above modification, the limitation of Claim 1 requiring that the cathode battery cover plate is provided with a safety valve, is met.
Furthermore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the anode current collector of Sumihara to have a flexible bent structure, as it is known in the art that an anode current collector for use in a cylindrical lithium battery may suitably have a flexible and bent configuration, as taught by Nakai. Furthermore, the selection of a known configuration based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modification, the limitation of Claim 1 requiring that the current collector connecting portion has a flexible bent structure, is met.
Upon the above modifications, modified Sumihara discloses that the current collector body (region of negative electrode current collector terminal plate, 9, which is in contact with coned disc spring, 14B, see Figure 11) has a bending portion that is bent downward at the periphery of the current collector body (region of negative electrode current collector terminal plate, 9, which is in contact with coned disc spring, 14B, see Figure 11) (Figure 11), and thus the bending portion would be enclosed by the annular part. Sumihara further discloses that the current collector support (coned disc spring, 14B) including the annular part is formed from a conductive material (Figure 11, [0127]).
The examiner notes that the claim recites a product, but also includes a limitation directed to a particular method for obtaining the structure of the claimed product. Specifically, Claim 4 recites that the annular part encloses the bending portion of the current collector by injection molding. Patentability of product-by-process claims is based on the product itself. If the product in the product-by-process claim is the same as or obvious from the product of the prior art, the claim is unpatentable even though the prior product was made by a different process. MPEP 2113 citing In re Thorpe, 777 F.2d 695,698, 227 USPQ964, 966 (Fed. Cir. 1985). The structure resulting from the above limitation would be having the bending portion of the current collector be surrounded by the annular part. Although the above cited prior art does not specifically recite that the annular part encloses the bending portion by injection molding, the skilled artisan would appreciate that the structure of modified Sumihara does result in the bending portion of the current collector being surrounded by the annular part. Thus, the limitation is considered met.
Regarding 5)-7), Sumihara discloses an additional embodiment of the cylindrical lithium battery (secondary battery, 20) wherein an annular conduction cutoff member (21) may be positioned to surround a disc-shaped insulator (15) between the current collector (negative electrode current collector terminal plate, 9) and the anode battery cover plate (“bottom” portion of battery case, 11) (Figure 16). Sumihara further discloses that the conduction cutoff member (21) is formed from a non-woven fabric made from a resin fiber coated with a metal, wherein the resin is preferably polypropene or polyethylene (i.e., plastic) (Figure 16, [0185, 0187, 0190]). Sumihara further discloses that the conduction cutoff member (21) serves to electrically connect the current collector (negative electrode current collector terminal plate, 9) and the anode battery cover plate (“bottom” portion of battery case, 11) during normal operation, but in the case of abnormally high temperatures during a short-circuiting event, the conduction is cut-off by the fibers of the conduction cutoff member (21) being melted, thus preventing thermal runaway during a short circuiting event (Figure 16, [0186]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the invention to select for the material of the annular part of Sumihara, the non-woven fabric comprising the resin fibers as taught by Sumihara, as such a material is known in the art as a useful conductive material for a cylindrical lithium battery, as taught by Sumihara. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). By doing so, the skilled artisan would have a reasonable expectation of success in improving the safety of the battery by preventing thermal runaway during a short-circuiting event, as taught by Sumihara.
Furthermore, the it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to further modify the anode battery cover-plate assembly of Sumihara to have the annular part and the current collector body be made integral, as modified Sumihara teaches that the annular part surrounds and is in contact with the bending portion of the current collector body, as detailed above. Furthermore, an object being integral or separable is a matter of design choice absent persuasive evidence the particular configuration of the claimed object is significant (MPEP 2144.04 V). Upon the above modifications, all of the limitations of Claim 1 are met.
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 EMILY E FREEMAN whose telephone number is (571)272-1498. The examiner can normally be reached Monday - Friday 8:30AM-5:00PM.
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/E.E.F./Examiner, Art Unit 1724
/STEWART A FRASER/Primary Examiner, Art Unit 1724
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