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 Status
Claims 1 and 12 have been amended; support for claim 1 and 12 are found in [0054].
Claims 1-20 are currently pending and have been examined on the merits in this office action.
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.
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.
Claims 1-2, 4-7, 9-13, 15-18 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kohno et al. (US 2013/0260212 A1) in view of Ushio et al. (US 2009/0061309 A1).
Regarding claims 1 and 12, Kohno discloses an electronic device comprising an electrochemical device ([0032] rectangular lithium ion secondary battery is applied to a motor vehicle), the electrochemical device comprising:
A housing, wherein the housing defines an accommodation cavity and comprises a cover (Figures 1-2; cover 3), the cover comprises a first surface facing toward the accommodation cavity and a second surface facing away from the accommodation cavity, and the cover comprises a first through hole running through the first surface and the second surface (Figure 5 below);
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A connecting strip connected to the first surface or the second surface or connected to an inner wall of the cover surrounding the first through hole, wherein the connecting strip comprises a second through-hole communicating with the first through-hole, and the connecting strip is a metal sheet (Figure 5 below; 15A/B and 14A/B being brazing and metal layer; formed of a circle as seen in Figure 4 and as a through hole in the central region; [0060] brazing materials 15A/B can be made of an aluminum metal);
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an insulator fitly connected to the connecting strip, wherein the insulator comprises a third through-hole communicating with the second through-hole, and the insulator is bonded to the connecting strip (Figure 4-5; insulating base materials 13A having a through hole in the central region and is connected/bonded to the brazing and metalized layers 14A/B and 15A/B; [0038]); and
a feedthrough connector comprising a first part and a second part, wherein the first part is fitly connected to a surface of the insulator (Figure 5 below the first part is connected to the insulator through the brazing and metalized layers 14(A and B) and 15 (A and B), the surface of the insulator facing away from the connecting strip (Figure 5 below), the first part covers the third through-hole, one end of the second part is connected to a surface of the first part, the surface of the first part is a surface of the first part facing toward the connecting strip (Figure 5 below), and the second part extends away from the first part and is partly disposed in the first through-hole, the second through-hole, and the third through-hole (Figure 5; the terminals 4A/4B extend through the through holes to protrude to the outside of the battery casing),
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View along a direction perpendicular to the second surface, the first through-hole, the second through-hole and the third through-hole are located within a projection of the first part, the second part is located within the first through hole, the second through hole and the third through-hole (Figure 5).
While it is the examiner’s opinion that the brazing material would form an additional metal layer, it is explicitly silent with respect to wherein the connecting strip is a metal sheet.
Ushio discloses a container for electric energy storage device and battery and is analogous with the instant invention as being within the same field of endeavor of battery cells. Ushio discloses wherein a lid member 3 is bonded to the second conductor layer 4a and to the bottom plate 2 by a brazing material layer 4b and 5b that forms a thin brazing layer of the brazing metal ([0071-0072] Figures 2a-2b) in order to bond and structurally secure the lid to the bottom plate through the frame.
Therefore, it would have been obvious in view of a skilled artisan to incorporate the teaching of Ushio such that the brazing material of Kohno that is provided between the insulating material and the cover would form a metallic brazing layer that securely connects the insulating layer to the cover as taught by Ushio. The resulting modification would render obvious wherein the connecting strip is a metal sheet and bonded to the insulator. Thus all the claim limitations of claims 1 and 12 are rendered obvious through the combination.
Regarding claims 2 and 13, modified Kohno discloses all the claim limitations of claims 1 and 12. Kohno further discloses wherein the second part comprises a protruding portion protruding from the first through hole in a direction opposite to the accommodation cavity (Figure 5).
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Regarding claims 4 and 15, modified Kohno discloses all the claim limitations of claims 1 and 12. Kohno further discloses wherein, as viewed along a direction perpendicular to the second surface, the second part is partly located in a region of the second through hole, the third through hole and the first through hole (Figure 5; the terminal 4A-4B is located within the through holes).
Regarding claims 5 and 16, modified Kohno discloses all the claim limitations of claims 4 and 15. Kohno further discloses wherein, as viewed along the direction perpendicular to the second surface, the second through hole and the third through hole are located in a region of the first through hole (Figure 5; the through holes are aligned with one another and thus the second and third through holes are located in a region of the first through hole when viewed along the direction perpendicular to the second surface).
Regarding claims 6 and 17, modified Kohno discloses all the claim limitations of claims 1 and 12. Kohno discloses wherein the connecting strip is fitly connected to the first surface (Figure 5; brazing layer 15A/B and metalized layer 14 A/B are connected to the first surface of the cover), and a clearance between the second part and the inner wall of the cover surrounds the first through hole (Figure 5). Kohno is silent with respect to the clearance being greater than or equal to 0.05 mm, however, Kohno discloses the gap such that the insulating base materials 13A/13B can be put between the connecting strip and the cover in order to insulate and seal the cover and terminal. Therefore, it would have been obvious in view of a skilled artisan to adjust the gap between the connecting strip and the first surface to be greater than 0.05 mm to avoid shorting the cell and in order to provide proper sealing and insulation of the battery terminal. Thus the size of the gap is not inventive as the gap is used such that an insulative material is provided within the gap to seal the battery cell. The size of an article is not a matter of invention. See In re Rose, 105 USPQ 237 (CCPA 1955) (see MPEP § 2144.04).
Regarding claims 7 and 18 modified Kohno discloses all the claim limitations of claims 1 and 12. Kohno discloses wherein the second part is provided in a direction parallel to the second surface. Kohno is silent with respect to the length and width of the cross section, however, it would have been obvious in view of a skilled artisan to adjust the length and width and relative sizes of the cross sections of the second part to be greater than or equal to 0.3 mm as a simple change in size of the second part. The size of an article is not a matter of invention. See In re Rose, 105 USPQ 237 (CCPA 1955) (see MPEP § 2144.04).
Regarding claims 9 and 20, modified Kohno discloses all the claim limitations of claims 1 and 12. Kohno further discloses wherein the connecting strip is fixedly connected to the first surface, one side of the insulator is bonded to the connecting strip and another side of the insulator is bonded to the first part (Figure 5; cover plate is connected to the brazing material and metalized layer; the insulator is connected to the brazing and metalized layer; and the insulator second side is connected by brazing and metalized layer to the first part of the terminal).
Regarding claim 10, modified Kohno discloses all the claim limitations of claim 1. Kohno further discloses wherein an annular clearance exists between the cover and the second part (Figure 5), the annular clearance is arranged around the first through hole, and the insulator seals the annular clearance (Figure 5, the insulating base materials 13A/13B close and seal the battery between the cover and the second part).
Regarding claim 11, modified Kohno discloses all the claim limitations of claim 1. Kohno further discloses wherein a material of the housing comprises stainless steel, aluminum or nickel ([0173] battery casing and cover are formed of at least one of stainless steel, aluminum or nickel).
Claims 3 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Kohno et al. (US 2013/0260212 A1) in view of Ushio et al. (US 2009/0061309 A1) as applied to claims 2 and 13 above, and further in view of Uh et al. (US 2007/0202364 A1).
Regarding claims 3 and 14, modified Kohno discloses all the claim limitations of claims 2 and 13. Kohno further discloses wherein the protruding portion protrudes from the first through hole in a direction opposite to the accommodative cavity, however, is silent with respect to wherein the protruding portion is bent toward a direction parallel to the second surface.
Uh discloses a secondary battery and discloses a terminal configuration for a battery and is analogous with the instant invention as being within the same field of endeavor or battery cells. Uh discloses wherein the electrode terminal has a structure in which the terminal extends from a first part within the electrode assembly and extends out of the cap plate and has a head shape that extends in a direction of the cap plate in order to improve the coupling force and sealing of the terminal region (Figures 9-10; [0052-0055]).
Therefore, it would have been obvious in view of a skilled artisan to change the shape of the terminal taught by Kohno to have a structure as taught by Uh such that the terminal has the first part within and connected to the electrode assembly and a protruding part that extends out of the cover and a head/bent portion that extends in the direction of the cover plate as taught by Uh in order to improve the coupling force and sealing of the terminal region. The resulting structure would have the protruding part of the terminal contain a bent/head region that would extend toward a direction parallel to the second surface and thus would render obvious all the claim limitations of claims 3 and 14. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See In re Dailey, 149 USPQ 47 (CCPA 1976) (see MPEP § 2144.04).
Claims 8 and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kohno et al. (US 2013/0260212 A1) in view of Ushio et al. (US 2009/0061309 A1) as applied to claims 1 and 12 above, and further in view of Lee et al. (US 2013/0215558 A1).
Regarding claims 8 and 19, modified Kohno discloses all the claim limitations of claims 1 and 12. Kohno discloses wherein the through holes contain a circular shape (Figures 4-5), however, is silent with respect to wherein the first and third through holes have kidney shaped holes, oval holes, triangular holes, polygonal holes, or irregular special shaped holes.
Lee discloses a mobile terminal for a battery and is analogous with the instant invention as being within the same field of endeavor of battery cells. Lee discloses wherein the terminal can have a terminal hole that may be an oval ([0106-0109]).
Therefore, it would have been obvious in view of a skilled artisan to change that shape of the through holes from a circular shape to an oval shape as taught by Lee as a simple change in shape of the terminal through holes. The change in form or shape, without any new or unexpected results, is an obvious engineering design. See In re Dailey, 149 USPQ 47 (CCPA 1976) (see MPEP § 2144.04).
Response to Arguments
Applicant's arguments filed 02/13/2026 have been fully considered but they are not persuasive. Applicant argues that the amended claims overcome the rejection of record as Kohno discloses a brazing material used to permanently bond an insulating base material, an electrode terminal and a battery cover, however, the brazing material does not constitute a connecting strip that is a metal sheet as amended. This argument is noted. The rejection of record has been updated rendering the arguments moot.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 Adam J Francis whose telephone number is (571)272-1021. The examiner can normally be reached M-Th: 7 am-4 pm EST.
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/ADAM J FRANCIS/Primary Examiner, Art Unit 1728