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 .
Priority
1. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
2. The information disclosure statements (IDS) submitted on 03/30/2023, 01/30/2024, and 06/18/2024 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
3. Claims 1-12 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.
Regarding claim 1, the recitation “the other exterior member” in claim 1, line 14 lacks proper antecedent basis in the claim and is indefinite because it is unclear which of the cup-shaped exterior member or lid-shaped exterior member is being defined. For examination purposes the aforementioned recitation will be interpreted as “one of the lid-shaped exterior member and cup-shaped exterior member respectively”.
Regarding claim 5, the recitation “wherein the end face in the inclined form is” in claim 5, lines 2-3 is indefinite because in claim 4 the end faces are plural; therefore it is unclear which end face is being referenced. For examination purposes the aforementioned recitation will be interpreted as “wherein the end faces in the inclined form are”.
The recitation “the exterior member” in claim 5, lines 6-7 lacks proper antecedent basis in the claims. For examination purposes the aforementioned recitation will be interpreted as “an exterior member”.
Regarding claim 6, the recitation “the same straight line” in claim 6, lines 6 and 8-9 lacks proper antecedent basis in the claim. For examination purposes the aforementioned recitation will be interpreted as “a same straight line”.
Regarding claim 7, the recitation “the end face in the inclined view is” in claim 7, lines 2-3 is indefinite because in claim 4, the end faces are plural, therefore it is unclear which end face is referenced in the claim. For examination purposes the aforementioned recitation will be interpreted as “the end faces in the inclined view are”
Regarding claim(s) 2-4 and 7-12, the claim(s) is/are rejected as they depend from, and therefore incorporate the claimed subject matter from claims rejected under this statute.
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.
4. Claim(s) 1-3, 9, and 11-12 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Shimizu (Pub. No. US 20220102789 A1).
Regarding claim 1, Shimizu teaches a method for manufacturing a secondary battery (11, Fig. 5, [0122], see [0059] teaches a method of making the batteries of the present invention), the method comprising: installing an electrode assembly (200, Fig. 5, see [0122], see [0059] where electrode body is housed in the battery can) inside a cup-shaped exterior member (100, Fig. 5, see [0122]), providing a lid-shaped exterior member (330, Fig. 5, see [0122]) such that the lid-shaped exterior member (330, Fig. 5, see [0122]) covers an opening (opening of battery can, see [0122]) of the cup-shaped exterior member (100, Fig. 5, see [0122]), and forming a welded portion (421, Fig. 5/6, see [0124]) by applying a laser beam (laser welding, see [0124]) to a facing portion (facing portion, Fig. 7 below, see Fig. 6 where 421 is applied to facing portion), where the cup-shaped exterior member (100, Fig. 5, see [0122]) and the lid-shaped exterior member (330, Fig. 5, see [0122]) face each other (see Fig. 6/7 where 330 and 110 of 100 face each other), wherein the facing portion (facing portion, Fig. 7 below, see Fig. 6 where 421 is applied to facing portion) is formed by positioning an end face (end face of 110, Fig. 7 below) of an end part (110, Fig. 7 below, see [0126]) of one of the cup-shaped exterior member (100, Fig. 5, see [0122]) and the lid-shaped exterior member on an end face (end face of 330, Fig. 7 below) of an end part (portion of 330 after curve facing 110, Fig. 7 below) of the other exterior member (330, Fig. 5, see [0122]), and each of the end faces (end face of 330/end face of 110, Fig. 7 below) is in a non-stepped form (see Fig. 7 below where the faces are non-stepped). (see 112 rejection above for interpretation)
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Regarding claim 2, Shimizu teaches wherein the facing portion (facing portion, Fig. 7 above) is formed by facing the end faces (end face of 330/end face of 110, Fig. 7 above) each having a unifacial shape extending in one direction (Fig. 7 above, see each end face is a planar shape on one plane extending in the y direction).
Regarding claim 3, Shimizu teaches wherein the facing portion (facing portion, Fig. 7 below, see Fig. 6 where 421 is applied to facing portion) is formed by overlapping the end face (end face of 110, Fig. 7 above) of the cup-shaped exterior member (100, Fig. 5, see [0122]) and the end face (end face of 330, Fig. 7 above) of the lid-shaped exterior member (330, Fig. 5, see [0122]) each other along a thickness direction (see Fig. 7 above, where the end faces are overlapped in the x direction).
Regarding claim 9, Shimizu teaches wherein the facing portion (facing portion, Fig. 7 below, see Fig. 6 where 421 is applied to facing portion) is formed by facing a side face (end face of 110, Fig. 7 above, end face is the side face) of the cup-shaped exterior member (100, Fig. 5, see [0122]) and a side face (end face of 330, Fig. 7 above, the end face is the side face) of the lid-shaped exterior member (330, Fig. 5, see [0122]).
Regarding claim 11, Shimizu teaches wherein the secondary battery (11, Fig. 5, [0122]) is a coin-type battery (Fig. 5, see [0122] where the battery is cylindrical, and is coin battery shape in Fig. 5).
Regarding claim 12, Shimizu teaches wherein an electrode assembly (200, Fig. 5, see [0139]) comprising a positive electrode (positive electrode, see [0139]) and a negative electrode (negative electrode, see [0139]) that are capable of occluding and releasing lithium ions (lithium ion secondary battery, see [0138], see [0141] and [0143] the compounds used in positive and negative electrode material are capable of occluding and releasing lithium ions, and this is the function of a lithium ion secondary battery) is used as the electrode assembly (200, Fig. 5, see [0139]).
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.
5. Claim(s) 4-7 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu et al. (Pub. No. US 20220102789 A1).
Regarding claim 4, Shimizu fails to teach in the embodiment of Fig. 5-7 wherein the end faces each have an inclined form.
However, in the embodiment of Fig. 1A, Shimizu teaches wherein the end faces (end face of 110/330, Fig. 1A below) each have an inclined form (see Fig. 1A below where each face in inclined).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the embodiment of Figs. 5-7 such that the end faces of 100 and 330 have an inclined form as taught by the embodiment of Fig. 1A of Shimizu. Further, it has been held that combining two embodiments disclosed adjacent to each other in a prior art patent does not require a leap of inventiveness and involves only routine skill in the art. Further, Shimizu teaches that modifications can be made (see [0149]).
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Regarding claim 5, Shimizu teaches wherein the end face (end face of 330/end face of 110, Fig. 1A above) in the inclined form is (see Fig. 1A above where end face of 330/end face of 110 is in an inclined form), in a sectional view (Fig. 1A above is in a sectional view), an end face (end face of 330, Fig. 1A above) of an end part (end part of 330, Fig. 1A above) of at least one of the cup-shaped exterior member and the lid-shaped exterior member (330, Fig. 1A, see [0122], see modification above), and the end face (end face of 330, Fig. 1A above) is a face formed to link side faces (end face of 330/end face of 110 are the side faces) opposite from each other (see Fig. 1A above where the end face of 330/end face of 110 are opposite each other) of the exterior member (100, Fig. 5/1A, see [0122], see modification above, see [0061] where 330 and 110 are bonded to each other, therefore linking, 100 is an exterior member). See 112 rejection above for interpretation.
Regarding claim 6, Shimizu teaches wherein when the end faces (end face of 330/end face of 110, Fig. 1A below) of the cup-shaped exterior member (100, Fig. 5, see [0122]) and the lid-shaped exterior member (330, Fig. 5, see [0122]) each form an inclined form (see Fig. 1A below where each face in inclined), an inner side face (end face of 110, Fig. 1A below, the end face of 110 is on the inside of 100, therefore it is also an inner side face) of the cup-shaped exterior member (100, Fig. 5, see [0122]) and an inner side face (end face of 330, Fig. 1A below, the end face of 330 is on the inside of 330 therefore it is also an inner face) of the lid-shaped exterior member (330, Fig. 5, see [0122]) are on the same straight line (inner line, see Fig. 1A below), and an outer side face (outer face 100, Fig. 1A below) of the cup-shaped exterior member (100, Fig. 5, see [0122]) and an outer side face (outer face 330, see Fig. 1A below) of the lid-shaped exterior member (330, Fig. 5, see [0122]) are on the same straight line (outer line, Fig. 1A below). See 112 rejection above for interpretation.
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Regarding claim 7, Shimizu teaches wherein the end face (end face of 330/end face of 110, Fig. 1A below) in the inclined form (see Fig. 1A below where the end faces are in inclined form) is a side face (end face of 330, Fig. 1A below, this face is also a side face) of the end part (end part of 330, Fig. 1A below) of at least one of the cup-shaped exterior member and the lid-shaped exterior member (330, Fig. 5, see [0122]) in a sectional view (Fig. 1A above and Fig. 5 are both sectional views), and the side face (end face of 330, Fig. 1A below, this face is also a side face) has an inclined form (see Fig. 1A below, end face of 330 has an inclined form, and further because they are the same face, they will have the same form).
Regarding claim 10, Shimizu fails to teach in the embodiment of Figs. 5-7 wherein the end faces of the end parts are end faces extending in a non-vertical direction.
However, in another embodiment, Shimizu teaches wherein the end faces (end face of 330/end face of 110, Fig. 1A below) of the end parts (110/end part of 330, Fig. 1A below) are end faces extending in a non-vertical direction (non-vertical direction, Fig. 1A below, see the end faces extending in this direction, which is not in the y direction which would be the vertical direction, the examiner would like to note, depending on the orientation of the battery in Figs 5-7 the end faces would also not be extending in a non-vertical direction).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify the embodiment of Figs. 5-7 such that the end faces of 110 and 330 are formed to be extended in a non-vertical direction as taught by the embodiment of Fig. 1A of Shimizu. Further, it has been held that combining two embodiments disclosed adjacent to each other in a prior art patent does not require a leap of inventiveness and involves only routine skill in the art. Further, Shimizu teaches that modifications can be made (see [0149]).
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6. Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shimizu (Pub. No. US 20220102789 A1) as applied to claim 7 above, and further in view of Hartl (Pub. No. US 20210280934 A1).
Regarding claim 8, Shimizu teaches wherein the side face (end face of 330, Fig. 1A above, this face is also a side face) in the inclined form (see Fig. 1A above, where the end face of 330 is in an inclined form) of at least one of the end part of the cup-shaped exterior member and the end part (end part of 330, Fig. 1A above) of the lid-shaped exterior member (330, Fig. 5, see [0122]) is formed by locally bending (see [0065] where 412 which is the end portion of Fig 1A is bent), but fails to teach locally bending a part of a planar exterior member by drawing.
However, Hartl teaches locally bending (Fig. 1, see 3 is bent inwards, see [0051] where drawing is performed to produce the cap-shaped element) a part of a planar exterior member (see [0051] the process is a sheet metal forming process, therefore the cap is formed by drawing a piece of sheet metal, which is a planar exterior member) by drawing (deep-drawing, see [0071] where the cap-shaped element is formed from deep-drawing).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Shimizu to such that end face of 330 of the end part of 330 of 330 is formed by locally bending a part of a planar exterior member as taught by Hartl as deep-drawing is cost effective, material saving, and efficiently producible. Further, Shimizu teaches that modifications can be made (see [0149]).
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to DOUGLAS CALEB MARROQUIN whose telephone number is (571)272-0166. The examiner can normally be reached Monday - Friday 7:30-5:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tiffany Legette can be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/DOUGLAS C MARROQUIN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723