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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
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 13 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 13 depends from claim 1 which recites in part,” a first one of the current collector plates being electrically connected to the electrode assembly and the case, and a second one of the current collector plates being electrically connected to the terminal;” and where claim 13 recites, “the injection port is the only opening extending through the cap plate,” it is unclear how the terminal will be connected if the case is electrified without creating a short circuit or if unconnected how the electrode assembly will function as a battery. Therefore the claim is indefinite.
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 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Song et al. (US2006/0263684A1), in view of Kim et al. (US2011/0171508A1),
As to claim 1, Song discloses a secondary battery [0008]; a case (can(31)) accommodating the electrode assembly (32), the case having an upper surface portion (surface of cap plate (310) of cap assembly (300) [0027] fig. 2) having an opening (terminal hole (311)) therethrough ([0027], fig. 2) and a side portion (upper portion of can (31) [0027], fig. 2) extending from the upper surface portion (fig. 2) and having an open end opposite to the upper surface portion ([0027], fig. 2);
a terminal (electrode terminal (320)) extending through the opening (terminal hole (311)) in the upper surface portion (fig. 2) and being insulated from the case (A tube type gasket 330 for electrically insulating the electrode terminal 320 from the cap plate 310 [0027], fig.2);
a first current collector plate (first electrode plate 33 [0025]) and a second current collector plate (second electrode plate 35 [0025]), a first one of the current collector plates being electrically connected to the electrode assembly and the case (The first electrode plate 33 is electrically connected through a first electrode tap 36 to the cap plate 310 [0025], fig. 2), and a second one of the current collector plates being electrically connected to the terminal (the second electrode plate 35 is electrically connected through a second electrode tap 37 to the electrode terminal 320. [0025], fig 2);
and a cap assembly (300) comprising a cap plate (310) sealing the open end of the case (a cap assembly 300 coupled to an open upper portion of the can 31 [0024], fig. 2), the cap plate (310) having an injection port (injection hole (312)) extending therethrough (fig. 20 and an injection plug (plug (360)) sealing the injection port [0028].
Song does not explicitly disclose the an electrode assembly comprising a positive electrode plate and a negative electrode plate. However in the same field of endeavor Kim discloses a secondary battery [Abstract] and further teaches, (The electrode assembly 110 may be formed by winding a positive electrode plate 111, a negative electrode plate 112, and a separator 113 [0029]).
It would have been obvious to use the electrode assembly of Kim for the electrode assembly of Song as the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.). ;
As to claim 9, the rejection of claim 1 is incorporated, Song discloses the cap plate but does not explicitly teach the cap plate is insulated from the case. In the same field of endeavor Kim discloses battery [Abstract] and further teaches (a cap-up (131) of cap assembly (130) [0034] fig. 2…insulated from can (120) by gasket (140) [0041-0042] fig. 3... the gasket 140 absorbs a shock due to the electrode assembly 110 moved by dropping or vibration of the secondary battery 100 [0042].)
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modify Song with the insulated cap plate of Kim to improve shock absorbance of the battery.
As to claim 12, the rejection of claim 1 is incorporated, regarding the injection port is at a center of the cap plate. 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 perimeter to a center would not modify the operation of the device, which is to allow electrolyte to fill the battery.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Song et al. (US2006/0263684A1), in view of Kim et al. (US2011/0171508A1),.as applied to claim 1 above, and further in view of Nakanishi et al. (US2004/0023107A1)A1).
As to claim 11 Song is silent on a positive electrode terminal coupled to a surface of the case opposite to the cap plate and insulated from the case, wherein the positive electrode terminal is electrically connected to the positive electrode plate, and wherein the cap plate is at one end of the case and electrically connected to the negative electrode plate. In the same field of endeavor Nakanishi, discloses a secondary battery [0001] and teaches, polarity of the negative and positive electrodes can be reversed, the spirally wound electrode unit can be housed upside down in the battery can (5) and the negative electrode terminal (8) is changed to the positive electrode terminal and the negative electrode terminal is formed by the battery can (5). [0114]) and further teaches a positive electrode terminal (8) coupled to a surface of the case opposite to the cap plate (53) and insulated from the case (insulators (72), (73) of lid (52) [0088] fig. 1), wherein the positive electrode terminal is electrically connected to the positive electrode plate (terminal (8) is electrical connected to the current collector plate [0088]), and wherein the cap plate (53) is at one end of the case (can (5) fig. 1) and electrically connected to the negative electrode plate (the negative current collector, based on reversal of polarity described above, is connected to lid (53) of the battery can (5) [0098])
Nakanishi further teaches, the terminal assembly of the current invention reduces internal electrical resistance [0071]
It would have been obvious to one of ordinary skill in the art before the time the application was filed to modify Song with the terminal assembly of Nakanishi to reduce internal electrical resistance and improve battery characteristics .
Claim(s) 2-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Song et al. (US2006/0263684A1), in view of Kim et al. (US2011/0171508A1) as applied to claim 1 above, and further in view of Schorn et al. (WO2014-072127A1)
As to claim 2, Song and Kim 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 Song 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 Song, 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 Song 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 Song 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 Song 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 Song 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 Song 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, Song 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 Song with the blind rivet of Schorn to improve manufacturability of the battery.
Response to Arguments
The 35 U.S.C. 112(b) rejection dated 08/21/2025, of claim 1 is withdrawn in view of the amendments.
Applicant's arguments filed 11/18/2025, have been fully considered but they are not persuasive.
Applicant argues, pages 6-9, Song, Kim, and Nakanishi do not disclose the amended limitations of claim 1. It is noted the last paragraph of page 6, the upper surface portion is described as element (124), it is understood this is a typo and should read (122). The office respectfully disagrees as discussed in the above rejection, where Song, in view of Kim discloses the amended limitations.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
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.
THIS ACTION IS MADE FINAL. 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.
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BART HORNSBY
Examiner
Art Unit 1728
/MATTHEW T MARTIN/ Supervisory Patent Examiner, Art Unit 1728