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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/20/2026, has been entered.
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.
Claim(s) 1, 9 and 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fang et al. (US2023/0123195A1, priority date of 10/20/2021), in view of Nemoto et al. (US2002/0106553A1).
As to claim 1, Fang discloses a secondary battery [0008] comprising a case (shell (11)) accommodating the electrode assembly ((12) [0165]),
Fang discloses a secondary battery cell [0080], comprising the an electrode assembly comprising a positive electrode plate and a negative electrode plate [0082] and teaches an upper surface portion ((11a) figs. 5 and 6 [0094], as exemplified in fig. 2 of the instant specification));
and a side portion ((1112) [0144] fig. 5) integrally formed with and extending continuously from the upper surface portion ((1111)/(11a) [0144] fig. 5) an end of the side portion opposite to the upper surface portion being open ((cover 112) covers opening of side portion [0144] fig. 5);
a terminal extending through a terminal opening in the upper surface portion of the case ((terminal 13) [0072] Fig. 6), the terminal being insulated from the case (16—insulating member [0072] fig. 14);
a first current collector plate (14) and a second current collector plate (15) (The electrode assembly 12 includes a first electrode sheet, a second electrode sheet [0095]), the first current collector plate being electrically connected to the terminal (The first current collecting member 14 is located between the wall part 11a and the electrode assembly 12 and configured to connect the electrode terminal 13 and the first tab 122 [0094] fig. 6),
the second current collector plate being electrically connected to the electrode assembly and the case (the second current collecting member 15 may also be indirectly electrically connected to the housing 111 through the end cover 112. As shown in FIG. 5, the second current collecting member 15 is electrically connected to the end cover 112, and the end cover 112 is electrically connected to the side wall 1112 [0151] fig. 5).
In the same field of endeavor Nemoto discloses a secondary battery [Abstract], and teaches a cap assembly comprising a cap plate sealing the open end of the case (Cap (21) seal end surfaces of pipe (23) [0083] fig. 1), the cap plate having an injection port extending therethrough (the electrolyte solution injection opening 11 is disposed in a position on the extended line of the through hole 7 of the core 6 in the cap 21 [0088]) and an injection plug sealing the injection port (pressure fitting may be performed by fitting a plug under pressure, into an electrolyte solution injection opening 11 [0103]).
Nemoto further teaches the secondary battery of the current invention can reduce the cost of high energy density batteries [0146]
Therefore, it would have obvious to one of ordinary skill in the art at the time the application was effectively filed to modify Fang with the electrolyte injection port as taught by Nemoto to reduce the cost of high density batteries.
In the combination of modified Fang with Nemoto would fix the cap plate with the electrolyte injection port opposite the terminal as taught by Fang or opposite the upper surface portion.
Regarding the injection port opposite the upper surface portion. It has been held that if a claimed invention reads on the prior art except with regard to the position of a component of a device, the invention is unpatentable if switching the position of the component would have not modified the operation of the device. In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). In this case, switching the positions of the injection port from an upper or lower plate would not modify the operation of the device, which is to allow electrolyte to fill the battery.
As to claim 9, Fang discloses the cap plate is insulated from the case. (insulating , member (16) [0138] fig. 14)
As to claim 11, Fang discloses, the terminal is electrically connected to the positive electrode plate (terminal 13 can be used as the positive output pole and the negative output pole of the battery cell 1 [0152]),
and wherein the case is connected to the negative electrode plate (the second current collecting member 15 is configured to electrically connect the second tab 123 and the wall part 11a [0146] fig. 6).
As to claim 12, modified Fang discloses, the injection port (11) is at a center of the cap plate ([Nemoto, 0088], fig. 1).
As to claim 13, modified Fang discloses, the injection port (11) is the only opening extending through the cap plate (Nemoto, [0088] fig. 1) .
As to claim 14, Fang discloses, the terminal opening is the only opening extending through the upper surface portion of the case (fig. 6).
Claim(s) 2-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Fang et al. (US2023/0123195A1, priority date of 10/20/2021), in view of Nemoto et al. (US2002/0106553A1), as applied to claim 1 above, and further in view of Schorn et al. (WO2014-072127A1)
As to claim 2, modified Fang are silent on the injection plug has a cylindrical body with an empty interior, a pressing part at one end of the body, and a cylindrical separating part at another end of the body and connected to the pressing part through the interior of the body. In the same field of endeavor Schorn discloses. (a battery cell, in particular a lithium-ion battery cell [Abstract]), and further teaches the injection plug (rivet (31)) has a cylindrical body (shaft (35)) with an empty interior (cavity (36)) [0322-0332], a pressing part at one end of the body ((40) fig. 2-3), and a cylindrical separating part at another end of the body (mandrel (38) [0338-0343]) and connected to the pressing part through the interior of the body ((40) is connected to mandrel (38) through breaking point (42) [00333-0343] fig. 2-3). Schorn further teaches (This has the advantage that the riveting of only one side of the cover plate is possible, but also that no residual parts fall into the container [0342-0344]).
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modify Fang with the of rivet Schorn to prevent residual parts from falling into battery container and damaging the battery, triggering mechanical damage or chemical reactions [0225]
As to claim 3, the rejection of claim 2 is incorporated, modified Fang, discloses in the injection plug (Schorn, rivet (31)), the body (Schorn, shaft (35)) and the pressing part (Schorn, (40)) are inside the injection port in the cap plate (Schorn, [0345] fig. 3) and the separating part (Schorn, mandrel (38)) is outside the cap plate (Schorn, mandrel (38) is withdrawn from cavity (Schorn, (36) [0337-0343]).
As to claim 4, the rejection of claim 3 is incorporated, modified Fang discloses an outer diameter of the pressing part (Schorn, 40) is larger than an inner diameter of the body (Schorn, (35) ([0341-03436] fig. 3).
As to claim 5, the rejection of claim 4 is incorporated, modified Fang discloses separating part (Schorn, 40) connected to the pressing part (Schorn, mandrel 38, fig. 2) such that, when the separating part is pulled away from the cap plate (Riveting the mandrel 38 with a force 46, which is directed away from the Cover plate, pulled out of the cavity 36, [Schorn, 0337-0338] fig. 2 ), the pressing part moves into the body and increases the outer diameter of the body (Schorn, fig. 3 [0338-0342].
As to claim 6, the rejection of claim 5 is incorporated, modified Fang discloses ( the sealing ring, the rivet and the cover plate made of the same material. [Schorn, 0197-0198]) the body (the rivet is made of an electrolyte-resistant plastic [Schorn, 0205]) comprises a material having an elongation to receive the pressing part therein without breaking. As Schorn discloses a rivet made of plastic comprising a pressing part (40) received in a body (35) with a elongation as shown in fig. 2-3, the plastic of Schorn meets the limitation, as exemplified by ¶ [0052] of the instant specification. “…should be understood to mean that the material has an elongation rate suitable to deform.” Schorn further discloses The advantage of using a plastic is that it is a cost-effective [0206]
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modify Fang with the plastic material of Schorn to decrease the cost of the battery and improve marketability.
As to claim 7, the rejection of claim 6 is incorporated, modified Fang discloses the body (Schorn, shaft (35) of rivet (31)) has a circular portion that extends perpendicular to a longitudinal direction of the body (Schorn, (32) of rivet (31) [0322-0325] fig. 2) and is at an end of the body facing outside the cap plate, and wherein the circular portion has a diameter greater than that of the body (Schorn, (32) of rivet (31) fig.2).
As to claim 8, the rejection of claim 1 is incorporated, Fang is silent on the injection plug is a blind rivet. In the same field of endeavor, Schorn discloses a battery [Abstract] and further teaches the injection plug is a blind rivet. (According to one embodiment of the invention, the rivet is a blind rivet. [Schorn, 0220]… Schorn further teaches the advantage of a blind rivet is riveting can be performed on only one side. [0221-0222]).
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modify Fang with the blind rivet of Schorn to improve manufacturability of the battery.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure.
Song et al. (US2006/0263684A1) Secondary battery with electrode assembly in a can.
Kim et al. (US2011/0171508A1) Wound electrode assembly.
Lim et al. (US2012/0208075A1) Secondary battery with terminal on surface of cap plate.
Hwang et al. (US2011/0123857A1) Secondary battery with opposing terminals.
Kim et al. (US2010/0323239A1) Secondary battery with terminal on surface of cap plate.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BART A HORNSBY whose telephone number is (313)446-6637. The examiner can normally be reached 9:00-6:00 EST.
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BART HORNSBY
Examiner
Art Unit 1728
/MATTHEW T MARTIN/ Supervisory Patent Examiner, Art Unit 1728
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