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 .
DEIALED ACTION
This Office action regarding Application 18/110,381 to Fang et al., assigned to Contemporary Amperex Technologies, Ltd., Ningde, China, filed 02/16/2023 and published as 2023/0198108 on 06/22/2023, is in response to applicants’ arguments/remarks and claims amendment filed 03/02/2026. Applicants’ response is given full consideration.
Status of the Claims
In the response filed on 03/02/2026 applicant has amended the claims of the application. The status of the claims now stand as follows:
Currently amended 1
Canceled (previously) 2
Withdrawn 3-5, 36
Previously presented 6-7
Original 8-21, 32-35
Canceled (now) 22-31
Claims 1, 3-21, 32-36 are currently pending in this application. Previously withdrawn claims 22-32 have now been canceled. Claims 3-5, 36 have been previously withdrawn and claims 1, 6-21, 32-35 are under full consideration.
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 1, 6, 8, 9, 14, 19-21, 32-35 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (U.S. PG. Publication 2023/0064158) in view of Lee et al. (U.S. PG Publication 2017/0018794 A1).
Regarding Claim 1 Yoshida discloses a sealed battery 10 (Yoshida Fig. 1, paragraph 0005- 0007) equivalent to the battery cell. The battery comprise an exterior housing can 12 having an opening (Yoshida paragraph 0005, 0006, 0017), an electrode assembly 11 accommodated in the housing 12 (Yoshida Fig. 1, paragraph 0005, 0006). The electrode assembly comprise a tab 15 oriented towards the opening of the housing 12 (Yoshida Fig. 1, paragraph 0019) equivalent to the first tab.
The sealed battery further comprises a sealing assembly 13 to seal the electrode assembly in the housing 12 (Yoshida Fig. 1, paragraph 0019) equivalent to the end cap. The sealed battery also comprises a connecting member 25 disposed between the sealing member 13 and the tab 15 (Yoshida Fig. 1, 2, paragraph 0025), equivalent to the current collecting structure. The connecting member 25, equivalent to the current collecting structure, is welded to the end cap 13 through the projecting portion 22 of the end cap 13 and to the tab 15 through joint area 27 (Yoshida Fig. 2, paragraph 0025, 0031, 0034); thus, establishing or implementing electrical connection between the sealing member 13 and the first tab 15.
A part of the connecting member 25, considered equivalent to the collecting structure, abuts on and is welded to the sealing assembly 13 at joint area 26 along a width direction (Yoshida Fig. 3), joint area 26 is considered equivalent to the first weld structure. Another part of the connecting member 25, equivalent to the current collecting structure, abuts on and is welded to the tab 15, considered equivalent to the first tab, through second joint area 27 (Yoshida Fig. 2,3, paragraph 0034), the second joint area 27 is considered equivalent to the second weld structure.
The joining inner surface of current collecting structure 25 and an outer surface of the tab 15 are joined, and the inner surface of current collecting member 25 and the outer surface of the tab 15 are perpendicular to the thickness direction of the end cap 13 (Yoshida 2, 7A).
A project of the first joint area 26, equivalent to the first weld structure, along the thickness direction, does not overlap the projection of the second joint area 27, equivalent to the second weld structure, along the thickness direction of the end cap 13 (Yoshida Fig. 2, 3). Yoshida also discloses the exterior housing can 12 serves as the negative electrode external terminal; it is alternatively possible to connect the negative electrode tab to the sealing assembly 13 and connect the positive electrode tab 15 to the exterior housing can 12 (Yoshida Fig. 7B, paragraph 0019).
Yoshida, however, is silent that the exterior can 12, equivalent to the housing, is connected to tab 15 oriented towards the opening of the housing 12 (Yoshida Fig. 1, paragraph 0019) and equivalent to the first tab, that is connected to the current collecting member 25, equivalent to the collecting structure. However, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to have changed the connection of the housing to the positive electrode tab 15 instead from being connected to the negative electrode tab (Yoshida paragraph 0019), and ultimately being connected to the sealing assembly 13, equivalent to the end cap. Such a modification is a matter of design choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence the particular electrical connection of the housing to the positive electrode tab 15 and end cap was significant (See MPEP 2144.04).
Yoshida discloses an exterior housing can 12 (Yoshida Fig. 1, paragraph 0017) that has a side wall and a bottom wall connected to the side wall, and the bottom wall is an end of the side wall opposite from the sealing assembly 13, considered equivalent to the end cap (Yoshida Fig. 1, paragraph 0018). Yoshida discloses the electrode assembly has a negative electrode tab connected to the inner surface of the bottom portion of the exterior housing can 12 (Yoshida paragraph 0019) considered equivalent to the second tab.
Yoshida discloses the sealing assembly 13 serves as the positive electrode external terminal (Yoshida paragraph 0019). Yoshida is, however, silent about the electrode terminal is mounted in an electrode lead-out hole, and that the bottom wall and the electrode terminal serving as two output electrodes of the battery cell are located on the same end of the battery cell.
Lee discloses a rechargeable battery includes an electrode assembly including a first electrode and a second electrode, a case receiving the electrode assembly, a cap plate coupled to the case and defining a terminal hole (Lee Fig. 2, 3, paragraph 0012), the terminal hole H1 equivalent to the lead-out hole. Thus, Lee discloses electrode terminal 21 is mounted in the electrode lead-out hole. Lee also discloses the electrode tab 52, equivalent to the second tab, is opposite the electrode tab 51 connected to the electrode terminal 21, and the electrode tab 52 is connected to the cap plate 20 (Lee 0058) and the cap plate and the case are both made form aluminum ad are welded together (Lee paragraph 0041); thus, the electrode tab 52, considered equivalent to the second tab is electrically connected to the bottom wall, and therefore, the electrode terminal 21 connected to the tab 51 and the electrode terminal 22 connected to the bottom wall through the cap plate 20, are on the same end of the battery cell (Lee Fig. 2, 3).
Therefore, it would have been obvious to a person of ordinary skill in the art to have modified the battery cell of Yoshida by the disclosure of Lee and made the electrode terminal and the terminal electrically connected to the casing 15, equivalent to the bottom wall, be located on the same end of the battery cell for the ease of mounting of plurality of such battery cell in a battery module as described by Lee (Lee Fig. 4, paragraph 0017, 0068). According to the MPEP such a modification is the use of known technique to improve similar devices (methods, or products) in the same way (MPEP 2143 I C).
Yoshida discloses the second weld structure 27 is one long weld structure (Yoshida Fig. 2), and is silent that the second weld structure is a plurality of weld structures. However, making the weld structure into multiple smaller weld structures would have been obvious to a person of ordinary skill since such a modification is a design choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular shapes of the weld structures are significant (In re Dailey, 357 F. 2d 669, 149 USPQ 47 (CCPA 1966) (See MPEP 2144 IV B).
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Yoshida Fig. 2
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Lee Fig. 3
Regarding claim 6 the sealing assembly 13, equivalent to the end cap, comprise a cap body (not labeled) and a projecting portion 22 from an inner surface of cap body (Yoshida Fig. 2, paragraph 0005, 0025) considered equivalent to the first protruding structure, and the projection portion 22 abuts on and be welded to the connecting member 25, considered equivalent to the current collecting structure, forms the first weld structure 26, and forma first avoidance clearance between the cap body (i.e. upper part of the sealing assembly) and the connecting member to avoid the second weld structure.
Regarding claim 8 the projecting portion 22 from an inner surface of cap body (Yoshida Fig. 2, paragraph 0005, 0025) considered equivalent to the first protruding structure, surround the cap body and the first joint area 26, considered equivalent the first weld structure, is disposed outside the send joint area 27, considered equivalent to the second weld structure (Yoshida Fig. 2).
Regarding claim 9 Yoshida discloses the projection portion 22 is disposed towards the inner part of the housing (Yoshida Fig. 2) and is silent about the projection portion 22 abuts an inner surface of the housing 11 and is welded to the housing and welded it to the housing. However, it would have been obvious to a person of ordinary skill in the art to have disposed the projection portion 22 towards the inner surface of the housing since such a modification is mere change in position, and according to the MPEP shifting the position of parts within a device will not render the device patentable if the position change does not alter the device's operation (see In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); MPEP § 2144.04 VI. C.).
Regarding claim 14 Yoshida discloses the cap body surrounds the projecting portion 22 from an inner surface of cap body (Yoshida Fig. 2, paragraph 0005, 0025) considered equivalent to the first protruding structure, and the weld structure 27 is disposed inside the weld structure 26 (Yoshida Fig. 3).
Regarding claim 19 Yoshida discloses the sealing assembly 13 comprises a rupture plate 20, and the rupture plate 20 is composed of a single metal plate having formed therein a thin portion 21 that ruptures when the internal pressure of the battery reaches a predetermined pressure (Yoshida Fig. 3, paragraph 0025) considered equivalent to the rupturable structure that raptures when internal pressure of the battery cells reaches a threshold.
Regarding claim 20 Yoshida discloses the connecting member 25, considered equivalent to the current collecting structure, has a plate-shape structure (Yoshida Fig. 5).
Regarding claim 21 Yoshida discloses the sealed battery also comprise a connecting member 25 disposed between the sealing member 13 and the tab 15 (Yoshida Fig. 1, 2, paragraph 0025), equivalent to the current collecting structure. The connecting member 25, equivalent to the current collecting structure, is welded to the end cap 13 through the projecting portion 22 of the end cap 13 and to the tab 15 through joint area 27 (Yoshida Fig. 2, paragraph 0025, 0031, 0034); thus, the projecting portion 22 is capable of supporting the first tab 15 through the connecting member 25 since all the elements are integrated together through welding regions 26, 27 (Yoshida Fig. 4).
Regarding claim 32 Yoshida discloses the exterior housing can 12 and the sealing member 13 are both made of metal (Yoshida paragraph 0018).
Regarding claim 33 Yoshida discloses the battery cell is cylindrical battery cell (Yoshida Abstract, Fig. 1, paragraph 0017).
Regarding claim 34 Yoshida disclose a polarity of battery cells are assembled into a group (Yoshida paragraph 0058).
Regarding claim 35 Yoshida discloses an embodiment of the disclosed invention provides an electrical device, including the battery according to the invention, and the battery is configured to provide electrical energy (Yoshida paragraph 0068).
Claim 10 rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (U.S. PG Publication 2023/0064158) in view of Lee (U.S. PG Publication 2017/0018794) as applied to claim 8, in view of Myerberg et al. (U.S. PG Publication 2007/0117011)
The discussion of Yoshida and Lee as applied to claim 8 is fully incorporated here and is relied upon for the limitation of the claims in this section.
Regarding claim 10 Yoshida discloses the sealing assembly 13 closes the opening via a gasket 14 (Yoshida 7B, paragraph 0045), and is silent that the sealing assembly has extension structure around the protruding structure that is welded to the housing. Myerberg discloses a battery cell comprising metal can as a battery cell container and end cap disposed on the opening (Myerberg paragraph 0015), wherein the end cap is laser welded to the opening of the container (Myerberg paragraph 0027, 0039). Myerberg discloses the cap may be thicker than the can wall which improve mechanical robustness of the cell (Myerberg paragraph 0076).
Therefore, it would have been obvious to a person of ordinary skill in the art to have modified the end cap of Yoshida as modified by Lee by the teaching of Myerberg and to have included an extension structure around the protruding portion so as to have increased the thickness of the end cap by an extension portion, and to have welded the end cap with the extension portion to the housing and improve mechanical robustness of the cell as taught by Myerberg (Myerberg paragraph 0076). Such a modification according to the MPEP as the use of known technique to improve similar devices (methods, or products) in the same way (MPEP 2143 IC).
Claim 7, 11-13, 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (U.S. PG Publication 2023/0064158) in view of Lee (U.S. PG Publication 2017/0018794) as applied to claim 6 and 8, in view of Huang Liming et al. (CN 113346201; The English language translation included in the IDS filed 06/22/2024 is used here; hereafter called CN '201)
The discussion of Yoshida and Lee as applied to claims 6 and 8 is fully incorporated here and is relied upon for the limitation of the claims in this section
Regarding claim 11 and 16 Yoshida discloses the sealing assembly 13, equivalent to the end cap, comprise a cap body (not labeled) and a projecting portion 22 from an inner surface of cap body (Yoshida Fig. 2, paragraph 0005, 0025) considered equivalent to the first protruding structure. Yoshida, however, is silent about the end cap further comprise a second protruding structure, and a second recess.
CN '201 discloses a battery case comprise a housing an electrode assembly 2 accommodated in the housing 1 and an end cap 4 covering the housing (CN '201 Fig. 4-7, paragraph 0061). CN '201 disclose the end cap 4 has several protruding structures (CN '201 Fig 9), that at least one of the protruding structures is considered equivalent to the second protruding structure. The cap body, that is taken as edge of the end cap, surround the protruding structures, including the second protruding structure (CN '201 Fig. 9). CN '201 also discloses the end cap 4 has recess that are recessed from an outer surface of the electrode body towards the electrode assembly (CN '201 Fig. 9). Therefore, it would have been obvious to a person of ordinary skill in the art to have modified the battery cell of Yoshida as modified by Lee by the teaching of CN '201 and to have made the protruding portion more than one and to have included a second protruding portion, that would allow welding of the collecting structure to the end cover at more than one position. Such a modification according to the MPEP as the use of known technique to improve similar devices (methods, or products) in the same way (MPEP 2143 IC).
Regarding claim 12 Yoshida discloses the sealing assembly 13 comprises a rupture plate 20, and the rupture plate 20 is composed of a single metal plate having formed therein a thin portion 21 that ruptures when the internal pressure of the battery reaches a predetermined pressure (Yoshida paragraph 0025) considered equivalent to the rupturable structure that raptures when internal pressure of the battery cells reaches a threshold.
Regarding claim 13 CN '201 discloses a space between the protruding portion of the end plate 4 and the current collector structure 9 (CN '201 Fig. 9) considered equivalent to the second avoidance clearance.
Regarding claim 15 Yoshida discloses the sealing assembly 13, equivalent to the end cap, comprise a cap body (not labeled) and a projecting portion 22 from an inner surface of cap body (Yoshida Fig. 2, paragraph 0005, 0025) considered equivalent to the first protruding structure. Yoshida, however, is silent about a first recess formed at a position corresponding to the projecting portion considered equivalent to the first protruding structure. CN '201 discloses several protruding structures on the end cap and each protruding structure has a corresponding recess on the opposite side. The bottom surface of the recess is considered equivalent to the groove, as is disclosed by the instant specification (Instant Specification as published paragraph 0032). Then in Yoshida as modified by CN '201 as presented above, the collecting member can be welded to the groove as disclosed by CN '201 (CN '201 Fig. 9).
Regarding claim 17 CN '201 discloses a protrusion portion (not labeled) considered equivalent to the second protruding structure is in contact with the inner surface of the housing and are welded (CN '201 Fig. 9, paragraph 0063, 0065).
Regarding Claim 7, 18 Yoshida discloses the sealing assembly 13, equivalent to the end cap, comprise a cap body (not labeled) and a projecting portion 22 from an inner surface of cap body (Yoshida Fig. 2, paragraph 0005, 0025) considered equivalent to the first protruding structure. Yoshida, however, is silent about a second protruding structure and a second recess formed at a position corresponding to a protruding structure. Yoshida also does not disclose a first recess, and a groove made on the bottom face of recess configured to be welded to the current collecting structure recited in claim 7.
CN '201 discloses several protruding structures on the end cap and each protruding structure has a corresponding recess on the opposite side (CN '201 Fig. 9); thus, the first protruding structure and the second protruding structure each has a recess corresponding to it equivalent to the first recess recited in claim 7 and the second recess recited in claim 18 and the bottom of the recess is closer to the tab than to the inner side of the cap body (CN '201 Fig. 9). It would have been obvious to a person of ordinary skill to have included a second protruding structure, since such a modification is considered duplication of part. According to the MPEP mere duplication of parts has no patentable significance unless anew and unexpected result is produced. See MPEP 2144.04 VIB. It would have also been obvious to a person of ordinary skill to have made a groove in the recess for ease of welding of the end cap to the current collector since the groove forms a thinner portion in the body of the end cap. This is considered the use of known technique to improve similar devices (methods, or products) in the same way (MPEP 2143 IC).
Response to Argument
In the response filed on 03/02/2026 Applicant traverses the rejection of the claims under 103 over Yoshida. Applicant presented the text of amended claim 1 and indicates that support for the amendment is found in paragraphs [0148]-[0150], [0153], and [0174], and Fig. 7 of the filed application. Applicant argues that Yoshida does not disclose plurality of second weld structure and that there is only one second joint area 27 between tab 15 and member 24. Examiner argues that making the second weld structure into plurality of weld structures would have been obvious to a person of ordinary skill in the art as presented above, and that such a modification is a design choice that would have been obvious to a person of ordinary skill.
Applicant also argues that Yoshida does not disclose the new limitation of the amended claim 1, wherein the housing is electrically connected to first tab via the end cap; the housing including a side wall and a bottom wall, the bottom wall having an electrode lead out, an electrode terminal mounted in the electrode lead-out and the electrode terminal and the bottom wall serving as two output electrodes of the battery and located in the same end of the battery.
Examiner notes that the rejection of the claims under 103 over Yoshida has been modified by the newly applied reference of Lee as a secondary reference disclosing the new limitation of the amended claim as presented above in this Office action.
Therefore, the combined teaching of Yoshida and Lee renders the claimed invention obvious. This Office action is made final.
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 OMAR M KEKIA whose telephone number is (571)270-5918. The examiner can normally be reached 9:00am-5:00 pm,.
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/OMAR M KEKIA/Examiner, Art Unit 1722
/ANCA EOFF/Primary Examiner, Art Unit 1722
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