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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on April 9th, 2026 has been entered.
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.
Claim(s) 1-9 & 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (EP3913701A1, see US National Stage Entry, US20220115756, for citations) (Provided in Applicant’s IDS filed on October 27th 2023) in view of Jang (US20230299413).
Regarding Claim 1, Yoshida discloses a secondary battery ([0017]) comprising:
A cylindrical case ([0015]);
An electrode assembly in the cylindrical case ([0015]); and
A cap plate electrically connected to the electrode assembly and sealing the cylindrical case (sealing assembly-17, [0015]), the cap plate having a first flat portion at a center of the cap plate (vent part-30 acts as first flat portion, [0026]), a second flat portion outside the first flat portion (annular part-31 acts as second flat portion, [0026]) and a vent portion extending between and connecting the first flat portion and the second flat portion (thin part-34 acts as vent portion, [0026], it is the examiner’s position that since the thin part-24 is configured to fracture to release pressure, [0027], that the thin part functions as a vent part that fractures to release pressure build up), the vent portion having a thickness smaller than a thickness of the first flat portion or a thickness of the second flat portion (thin part-24 has a smaller thickness than vent part-30 and annular part-31, [0026]).
Yoshida does not directly disclose wherein a notch in the vent portion and spaced apart from where the vent portion contacts each of the first flat portion and the second flat portion such that a part of the vent portion is between the notch and each of the first flat portion and the second flat portion.
Jang discloses a cap plate that forms a venting structure (cap assembly comprises a safety vent, [0013]). Jang further discloses a first flat portion and a second flat portion and a vent portion (safety vent-42 acts as vent portion, in between the first flat portion and second flat portion, where flat portion in center is first flat portion and flat portion on the periphery acts as the second flat portion, Fig. 1, [0064]). Jang further discloses wherein a notch in the vent portion and spaced apart from where the vent portion contacts each of the first flat portion and the second flat portion such that a part of the vent portion is between the notch and each of the first flat portion and the second flat portion (notches are placed on either side of safety vent-42, Fig. 1, [0017]). Jang teaches that this structure provides improved vibration resistance ([002]).
Therefore, it would be obvious to one of ordinary skill in the art to modify the structure of Yoshida with the teachings of Jang to have wherein a notch in the vent portion and spaced apart from where the vent portion contacts each of the first flat portion and the second flat portion such that a part of the vent portion is between the notch and each of the first flat portion and the second flat portion. This modification would yield the expected result of improved vibration resistance.
Regarding Claim 2, Yoshida in view of Jang discloses the limitations as set forth above. Yoshida does not directly disclose wherein the first flat portion is in a range of 0.7 mm to 0.9 mm.
Yoshida discloses wherein the metal plate that forms the first flat portion can range in thickness from 0.3 mm to 2 mm thick ([0029]), which overlaps the instant claim range of 0.7 mm to 0.9 mm.
Therefore it would be obvious to one of ordinary skill in the art using the disclosure of Yoshida to have wherein the first flat portion is in a range of 0.7 mm to 0.9 mm.
Regarding Claim 3, Yoshida in view of Jang discloses the limitations as set forth above. Yoshida further discloses wherein an upper surface of the second flat portion is above an upper surface of the first flat portion in the height direction (Fig. 4(a) shows that annular part-31 is positioned above in the height direction than the entire vent part-30, [0029]).
Regarding Claim 4, Yoshida in view of Jang discloses the limitations as set forth above. Yoshida does not directly disclose wherein a height difference between the upper surface of the first flat portion and the upper surface of the second flat portion is in a range of 0.1 mm to 0.4mm.
Yoshida discloses wherein the thicknesses of the vent part-30 and the annular part-21 may be the same or may be different ([0029]). Yoshida further discloses wherein the metal plate that forms the first flat portion and second flat portion can range in thickness from 0.3 mm to 2 mm thick ([0029]).
The examiner notes that the height difference between the upper surface of the first flat portion and the upper surface of the second flat portion are directly related to the thickness of the first flat portion and second flat portion.
Therefore, since the thickness of the metal plate that forms the first and second flat portion can range from 0.3 to 2 mm, which overlaps the instant claim range of 0.1 mm to 0.4 mm, it would be obvious to one of ordinary skill in the art using the disclosure of Yoshida to have wherein a height difference between the upper surface of the first flat portion and the upper surface of the second flat portion is in a range of 0.1 mm to 0.4mm.
Regarding Claim 5, Yoshida in view of Jang discloses the limitations as set forth above. Yoshida further discloses wherein the upper surface of the first flat portion is exposed to the outside (Fig. 1, shows upper surface of the first flat portion is exposed to outside).
Regarding Claim 6, Yoshida in view of Jang discloses the limitations as set forth above. Yoshida further discloses an electrode tab electrically connecting the electrode assembly to a lower surface or the first flat portion (electrode lead-20/21, [0018], [0023], Fig. 1)
Regarding Claim 7, Yoshida in view of Jang discloses the limitations as set forth above. Yoshida further discloses wherein the vent portion has a notch in a lower surface thereof (Fig. 4(a) shows that thin part-34 has a notch in a lower surface).
Regarding Claim 8, Yoshida in view of Jang discloses the limitations as set forth above. Yoshida further discloses wherein the vent portion is inclined from the first flat portion to the second flat portion (Fig. 4(a) shows thin part-34 is inclined).
Regarding Claim 9, Yoshida in view of Jang discloses the limitations as set forth above. Yoshida further discloses an insulating gasket between the second flat portion and the cylindrical case (gasket-44, Fig. 1, [0016]).
Regarding Claim 11, Yoshida in view of Jang discloses the limitations as set forth above. Yoshida further discloses wherein the notch is spaced apart from the first flat portion and the second flat portion ((Fig. 4(a) shows that thin part-34 has a notch in a lower surface, where notch is spaced part from first and second portions)
Response to Arguments
Applicant’s amendments, see Claims, filed March 16th, 2026, with respect to the rejection(s) of claim(s) 1 under 35 USC 102 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Yoshida in view of Jang under 35 USC 103.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANKITH R SRIPATHI whose telephone number is (571)272-2370. The examiner can normally be reached Monday - Friday: 7:30 am - 5:00pm.
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.
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/ANKITH R SRIPATHI/Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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