Prosecution Insights
Last updated: April 19, 2026
Application No. 18/120,150

SECONDARY BATTERY

Non-Final OA §102§103
Filed
Mar 10, 2023
Examiner
WALLS-MURRAY, JESSIE LOGAN
Art Unit
1728
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Murata Manufacturing Co. Ltd.
OA Round
1 (Non-Final)
74%
Grant Probability
Favorable
1-2
OA Rounds
3y 4m
To Grant
99%
With Interview

Examiner Intelligence

Grants 74% — above average
74%
Career Allow Rate
105 granted / 141 resolved
+9.5% vs TC avg
Strong +26% interview lift
Without
With
+25.8%
Interview Lift
resolved cases with interview
Typical timeline
3y 4m
Avg Prosecution
31 currently pending
Career history
172
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
52.1%
+12.1% vs TC avg
§102
21.8%
-18.2% vs TC avg
§112
18.3%
-21.7% vs TC avg
Black line = Tech Center average estimate • Based on career data from 141 resolved cases

Office Action

§102 §103
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 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)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention. Claim(s) 1-2, 4-8, and 11-12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Peng et al. (US 2021/0280835 A1, with priority date of 07/16/2020, earlier than instant priority date of 09/17/2020). Regarding claim 1, Peng teaches a secondary battery (rechargeable button cell, [0075]) comprising: an outer package member (housing 21, [0011, 0111] and Fig. 10) having a flat and columnar shape (cylindrical sidewall has flat outer surface, [0011]) and including a first bottom part (bottom cover 212, [0111] and Fig. 10) and a second bottom part opposed to each other (upper portion of flat portion of 211, vertically opposite of 212; [0111-0112] and Fig. 10 – annotations below); an electrode terminal (conductive nail 22a connected to electrode tab 12, [0117] and Fig. 10) supported by the first bottom part (conductive nail 22a provided on 212, [0113] and Fig. 10) and insulated from the first bottom part (by insulating rubber ring 221, [0113] and Fig. 10); and a battery device contained inside the outer package member (button cell 1 inside housing 21, Figs. 10 as annotated below) and including a first electrode and a second electrode (positive and negative electrodes of cell 1, [0076] and Fig. 12 showing wound electrodes), wherein the first bottom part has a recess around the electrode terminal (where bottom cover 212 meets terminal 22a is recessed relative to where 212 meets cylindrical sidewall of 211; 212 is also recessed relative to surface of 22a at outer flange 22a3 – shown in Fig. 10 as annotated below). PNG media_image1.png 480 721 media_image1.png Greyscale Regarding claim 2, Peng teaches the limitations of claim 1 above and wherein the recess is provided continuously around the electrode terminal (212 recessed around full circumference of 22a, Fig. 15 as shown below). PNG media_image2.png 471 526 media_image2.png Greyscale Regarding claim 4, Peng teaches the limitations of claim 1 above and wherein the first bottom part has a thickness (a thickness of 212 at tab groove 2123, [0114] and Fig. 11) smaller than a thickness of the second bottom part (thickness of 212 especially at 2123 is shown smaller than thickness of 211 upper surface in Fig. 10). Regarding claim 5, Peng teaches the limitations of claim 4 above and wherein the outer package member further includes a sidewall part (cylindrical sidewall of 211, [0011] and Figs. 10 and 15) coupled to each of the first bottom part (sidewall of 211 coupled via welding to first bottom 211, [0112] and Fig. 10) and the second bottom part (sidewall of 211 integrally formed with upper/second bottom of 211, Fig. 10), and the thickness of the first bottom part is smaller than a thickness of the sidewall part (thickness of 212 especially at 2123 is shown smaller than thickness of 211 sidewall in Fig. 10). Regarding claim 6, Peng teaches the limitations of claim 1 above and wherein the first bottom part includes a bent part (boss 2122 within 212, [0112] and Figs. 10-11) resulting from the first bottom part being bent to protrude in part toward an inside of the outer package member (boss 2122 formed by 212 protruding toward 211, such that the boss 2122 on 212 extends 211; [0112] and Fig. 10). Regarding claim 7, Peng teaches the limitations of claim 1 above and wherein at least a portion of the electrode terminal is disposed inside the bent part (conductive nail 22a includes a columnar part 22a2 and a sheet part 22a1 extending from the side of 212 which has the boss 2122, [0113] and Fig. 10). Regarding claim 8, Peng teaches the limitations of claim 1 above and wherein the first bottom part has a through hole (center of 212 is provided with a through hole 2124, [0113] and Fig. 11), and the electrode terminal includes a first terminal part disposed in the through hole (conductive nail 22a includes a columnar part 22a2 penetrated through the through hole 2124, [0113] and Fig. 10), a second terminal part disposed inside the outer package member (sheet part 22a1 inside housing 21, [0113] and Fig. 10) and having an outer diameter greater than an outer diameter of the first terminal part (22a1 diameter and cross-section larger than that of 22a2 as shown in Fig. 10 in view of Fig. 14), and a third terminal part disposed outside the outer package member (flange 22a3 outside housing 21, [0113] and Fig. 10) and having an outer diameter greater than the outer diameter of the first terminal part (22a3 diameter and cross-section larger than that of 22a2 as shown in Fig. 10 in view of Fig. 14). Regarding claim 11, Peng teaches the limitations of claim 1 above and wherein the outer package member further includes a sidewall part (cylindrical sidewall of 211, [0011] and Figs. 10 and 15) coupled to each of the first bottom part (sidewall of 211 coupled via welding to first bottom 211, [0112] and Fig. 10) and the second bottom part (sidewall of 211 integrally formed with upper/second bottom of 211, Fig. 10), the outer package member includes a cover part corresponding to the first bottom part (212 is a bottom cover, [0111] and Fig. 14), and a container part containing the battery device inside (211 surrounds cell 1, Figs. 10 and 16) and corresponding to the second bottom part and the sidewall part (211 is integral upper bottom and cylindrical sidewalls, Fig. 10), and the cover part is welded to the container part (welding of 212 onto 211 to seal after snap-fitting, [0112, 0118]). Regarding claim 12, Peng teaches the limitations of claim 1 above and wherein the first electrode is electrically coupled to the electrode terminal (tab 12 is a positive electrode of the cell 1, [0076]; welding the sheet part 22a1 of the conductive nail and a second tab 12 together, [0113] and Fig. 10), and the second electrode is electrically coupled to the outer package member (the housing 21 is connected to a tab that serves as the negative electrode, [0076]; tab 11 connected to 212 of housing 21 at tab groove 2123, [0117] and Fig. 10). Claim Rejections - 35 USC § 103 The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action: A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made. The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows: 1. Determining the scope and contents of the prior art. 2. Ascertaining the differences between the prior art and the claims at issue. 3. Resolving the level of ordinary skill in the pertinent art. 4. Considering objective evidence present in the application indicating obviousness or nonobviousness. This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention. Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peng et al. (US 2021/0280835 A1, with priority date of 07/16/2020, earlier than instant priority date of 09/17/2020) as applied to claim 1 above, and further in view of Lee et al. (US 20160260961 A1). Regarding claim 3, Peng teaches the limitations of claim 1 above but fails to teach that the first bottom part has a plurality of the recesses. Peng does teach embodiments in which at least a part of the housing wall of the housing 21 with a thinning area 2121, such that thickness of the housing wall in the thinning area 2121 is smaller than thickness of other parts of the housing wall, and the thinning area can be of various shapes (Peng [0105]). Peng [0106] teaches that such thinning area is beneficial to release overpressure from within the battery cell to prevent explosion. Peng teaches in [0105] that the thinning area can be on bottom cover 212 or within 211, but does not show (i.e., not in Fig. 7 nor 10) an embodiment in which the thinning area forms an additional recess in the same first bottom part through which the electrode terminal extends. Lee is analogous in the art of rechargeable batteries and pertinent to the problem of pressure relief. Lee teaches a battery outer package (15 and 20, Lee Figs. 1-2) including a first bottom part (20) through which an electrode terminal (21) extends (Lee Fig. 2). Lee teaches this first bottom part including multiple recesses therein (vent hole 24 and notch 252, Lee [0056] and Figs. 2 and 4) around the terminal (Lee [0059] and Fig. 2), with the notched recess 252 having three segmented sides (Lee [0057] and Fig. 3). Lee teaches such arrangement achieves venting of internal pressure from the battery when such pressure reaches a predetermined value, by opening of a portion of said first bottom plate at the vent hole via the notch (Lee [0056-0058] and Fig. 4). Duplication and rearrangement of parts are design choices within the ambit of a person having ordinary skill in the art per MPEP 2144.04 VI B-C, such that including an additional thinned area/notch arranged within the bottom cover 212 of Peng to function as an additional venting means, like that within the cap plate of Lee, would have been an obvious modification to ensure venting of internal pressure above a certain threshold and improve battery safety. Such additional notch/thinned area within 212 surrounding the terminal of modified Peng, as taught toward by Lee, would read on plural recesses. Thereby, claim 3 is rendered obvious. Claim(s) 9-10 and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peng et al. (US 2021/0280835 A1, with priority date of 07/16/2020, earlier than instant priority date of 09/17/2020) as applied to claims 8 and 1 above, and further in view of Kurata et al. (US 20110052970 A1). Regarding claim 9, Peng teaches the limitations of claim 8 above further comprising an insulating member disposed between the first bottom part and the electrode terminal (insulating rubber ring 221 provided between the conductive nail 22a and the through hole 2124 of 212, [0113] and Fig. 10), wherein the insulating member includes a first insulating part disposed between each of the first and the second terminal parts and the first bottom part (vertical and inner parts of 221 are between each 22a2 and 212 as well as 22a1 and 212, respectively, per Fig. 10) and including a first polymer compound (221 made of fluorine rubber or EPDM rubber, [0113]), and a second insulating part disposed between the third terminal part and the first bottom part (lower portion of 221 in Fig. 10 is between 22a3 and 212), but fails to teach the second insulating part including a second polymer compound that has a melting point lower than a melting point of the first polymer compound. Kurata is analogous in the art of batteries including insulating parts between a cover and a terminal, teaching battery cell 30 including exemplary electrode terminal 13a protruding through a first end/bottom cover 5 (Kurata Fig. 1), wherein the terminal includes a first part (centralized vertical body of 13a, Kurata Fig. 6) extending through a hole in cover 5 (Figs. 1 and 6) and second part inside the cover (axial section 24, Kurata [0057] and Fig. 6) as well as a third part outside the cover (head section 23, [0057] and Fig. 6). Kurata [0057] further teaches distinct insulation parts: insulating gasket 40 (between first terminal part and cover, Kurata Fig. 4), internal insulator 11 (between second terminal part 24 and cover, Fig. 6), and external insulator 41 (between third terminal part 23 and cover, Fig. 6). Kurata teaches in [0058] that as the insulating gaskets 40, molded products made of a resin material having a higher melting point than the external insulators 41 and the internal insulators 11, are used for keeping the air-tightness. Kurata [0059] teaches that said resin material having a high melting point is desirably a fluorine-containing resin, which is excellent in resistance against electrolytic solutions, with a typical example of the resin being tetrafluoroethylene/perfluoroalkyl vinyl ether (PFA), which has a melting point of 300 to 310°C. Kurata also teaches an embodiment in [0053] wherein an external insulator 12, (which is between the third terminal part 23 and cover 5, Kurata Fig. 3), can also be made from desirably a resin material having a high melting point when the battery is charged and/or discharged at a large current, e.g. tetrafluoroethylene/perfluoroalkyl vinyl ether copolymer (hereinafter referred to as “PFA”). Furthermore, Kurata [0062] teaches the external insulator 41 being preferably a resin that is lower in melting point and harder than the resin used for the insulating gasket 40, so that when rotating force acts on the terminal, the breaking of the external insulator due to the force applied is avoided and short circuit between the terminal and cover is prevented. Kurata [0063] teaches that when PFA is serves as the high-melting-point polymer (see Kurata [0053, 0058] citations above), giving an example of a material having a larger Rockwell hardness as polypropylene (PP), which has a hardness of R85 to 110 and a melting point of 160 to 170°C. In view of these teaching of Kurata, it would have been obvious for a person having ordinary skill in the art to modify Peng to select tetrafluoroethylene/perfluoroalkyl vinyl ether copolymer (PFA) to serve as the first polymer compound (the insulating material between disposed between each of the first and the second terminal parts and the first bottom part within Peng), with motivation to achieve resistance against electrolytic solutions and maintain a high melting point (300 to 310°C as cited above) when the battery is charged and/or discharged at a large current, as taught toward by Kurata, to thus improve battery safety. Further, it would have been obvious to select polypropylene (PP) as the other polymeric insulating material (i.e., second polymer compound) for use alongside the PFA within modified Peng, which exhibits a lower melting point (160 to 170°C as cited above) while also imparting desirable larger Rockwell hardness and thus safely prevents short-circuit in the event that the electrode terminal is rotated against the cover, as taught toward by Kurata. Also, the selection of a known material based on its suitability for its intended use (i.e., PFA and PP as the dual insulating parts) supports a prima facie obviousness per MPEP 2144.07. Thereby, all limitations of claim 9 are rendered obvious. Regarding claim 10, modified Peng teaches the limitations of claim 9 above and teaches wherein the first polymer compound includes a copolymer of tetrafluoroethylene and perfluoroalkyl vinyl ether (tetrafluoroethylene/perfluoroalkyl vinyl ether copolymer (PFA), Kurata [0053, 0058] as cited and applied to modified Peng in regards to claim 9 above), and the second polymer compound includes polypropylene (PP, Kurata [0063] as cited and applied to modified Peng in regards to claim 9 above). Regarding claim 13, Peng teaches the limitations of claim 1 above but fails to explicitly teach the secondary battery comprises a lithium-ion secondary battery. As cited above, Peng [0075] teaches the button cell is rechargeable type, which is known in the art as a secondary battery. However, Peng is silent toward the specific chemistry within their secondary cell. Peng does also teach in [0115-0116] that electrolyte is accommodated within the housing 21 of the button cell, but is silent toward the specific makeup of said electrolyte. Kurata is analogous in the art of secondary batteries and teaches that specifically lithium ion secondary batteries are adopted due to their high energy density (Kurata [0003]), detailing in [0072] exemplary electrode active materials which are suitable for the electrochemical reactions adsorbing and releasing lithium ions inside the battery cell. Kurata [0073] also teaches examples of electrolytes for transporting said lithium ions. The selection of a known material based on its suitability for its intended use supports a prima facie obviousness per MPEP 2144.07. Therefore, since Peng is silent toward the specific internal material components inside the rechargeable, secondary battery, a person having ordinary skill in the art would have found it obvious to select lithium-ion battery chemistry as taught by Kurata, especially motivated towards achieving high energy density as taught by Kurata. Thereby, claim 13 is rendered obvious. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jessie Walls-Murray whose telephone number is (571)272-1664. The examiner can normally be reached M-F, typically 10-4. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at (571) 270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /JESSIE WALLS-MURRAY/Examiner, Art Unit 1728
Read full office action

Prosecution Timeline

Mar 10, 2023
Application Filed
Nov 14, 2025
Non-Final Rejection — §102, §103 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

1-2
Expected OA Rounds
74%
Grant Probability
99%
With Interview (+25.8%)
3y 4m
Median Time to Grant
Low
PTA Risk
Based on 141 resolved cases by this examiner. Grant probability derived from career allow rate.

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