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 § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 12 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 12 recites the limitation "the wall" in line 1. There is insufficient antecedent basis for this limitation in the claim. In view of the Specification, it is understood that Applicant intends “the wall” of claim 12 to be in reference to the “insulating wall” set forth in claim 1.
Claim Rejections - 35 USC § 103
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 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.
Claim(s) 1, 2, 11, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yu et al (CN 211605201 U; references made herein are with respect to the 7 page English translation, submitted herewith).
Regarding claim 1, Yu teaches a button-type battery 200 (page 6/7, pars. 4-5). The battery comprises first shell 20 and second shell 30, wherein said second shell 30 comprises the instantly claimed first end cover and the opposing surface of first shell 20 (opposite relative to the second shell 30) comprises the instantly claimed second end cover (Fig. 6). As can be seen in Figure 6, first shell 20 also comprises side walls which enclose an accommodating cavity. Said accommodating cavity comprises an electrode assembly comprising first and second electrode plates having opposite polarities, wherein pole 34 protrudes from a first communication hole in the side wall of first shell 20, said hole enabling communication between the accommodating cavity and an external environment (Fig. 6). Pole 34 constitutes the claimed first conductive terminal and is electrically connective to the first electrode plate via first tab 12 (Fig. 6).
While Yu does not expressly teach that the second shell 30 material, at least at the side walls, is insulative, Yu does teach alternative configurations including wherein the first shell 20 and the second shell 30 can present the same electric polarity as the positive electrode, the negative electrode, or only one of said shell components may exhibit the same electric polarity as one of the electrodes by using an insulating pad (page 6/7, par. 3).
Regarding claim 1, it would have been obvious to one of ordinary skill in the art before the filing of the claimed invention to utilize insulative material within the housing of the button battery cell as desired by the end user and ultimately the intended use of the battery, including around the side walls of second shell 30, in order to regulate the polarity of the cell, as taught by Yu.
Regarding claim 2, while Yu fails to expressly teach that the insulating wall has a second communication hole and associated second conductive terminal, doing so would have been obvious to one of ordinary skill in the art before the filing of the claimed invention because Yu already teaches terminal pole 34 traversing a side wall of the battery. Batteries necessarily contain two terminals. As Yu has already shown one of said terminals emanating from within the cell to outside of the cell at the side wall, having the second terminal configured in a similar manner is considered prima facie obvious.
Regarding claim 11, Yu teaches second shell 30 (cover) having liquid injection port 31 (through hole) and sealing piece 32 (Fig. 5).
Regarding claim 12, batteries and electronic devices housing batteries are typically designed for secure attachment, wherein the very shape of the battery itself could be considered a protrusion held in place by the device. Regardless, secure design to secure the battery, including protrusions and/or groove, is prima facie obvious. Button cells having lines on one side (which will have the effect of anti-skidding) are conventionally known.
Allowable Subject Matter
Claims 3-10 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Yu et al (CN 211605201 U) is considered to represent the closest related prior art to the claimed invention, as discussed above. Yu does not teach or suggest that the insulating wall comprises at least two packaging units, and the at least two packaging units are spliced and fixed sequentially along a circumferential direction of the first end cover so that the insulating wall forms a closed ring shape along the circumferential direction. Huang (CN 201233915 Y) teaches a cylindrical battery shell that is formed by enclosing two side walls of battery shell, which is taught to efficiently reduce the cost (abstract). However, the joining of components appears to be on a line perpendicular to that required by instant claim 3, as it is not along the circumferential direction of the wall but along the length of the cylinder.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLIN W SLIFKA whose telephone number is (571)270-5830. The examiner can normally be reached Monday-Friday, 9:00 AM-5:30 PM.
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/Colin W. Slifka/ Primary Examiner, Art Unit 1732