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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. KR10-2022-0083631, filed on 07/07/2022.
Election/Restrictions
Applicant's election with traverse of claims 7-11 and 14-15 in the reply filed on 5/29/2026 is acknowledged. The traversal is on the ground(s) that the pressure deformation portion and temperature deformation portion have similar features and can be searched without serious burden. This is not found persuasive because while Species A and Species B share some common features, Species B includes distinct structural limitations (i.e., a temperature deformation portion versus a pressure deformation portion) that require a different search strategy, distinct prior art combinations (e.g., thermal-mechanical bimetals versus pressure deformation/rupture elements/membranes), and different classification areas than Species A. Therefore, a serious burden exists, and the restriction is maintained.
Claims 1-6 and 12-13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim.
Applicant timely traversed the restriction (election) requirement in the reply filed on 5/29/2026.
The requirement is still deemed proper and is therefore made FINAL.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 7-9 and 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Su-Yeon (KR20040099525A – refer to IDS field 6/4/2026; machine translation attached) in view of Epstein (US4035552).
Regarding Claim 7, Su-Yeon discloses a cap plate 200/210 hermetically coupled to an open side of a prismatic case 200 and provided with an electrode terminal 230/240 [pars. 0050-53; Fig. 2]. Su-Yeon fails to disclose, the cap plate further comprises: a first part coupled and electrically connected to the electrode terminal, the first part comprising a temperature deformation portion configured to deform toward the electrode terminal based on an increase in temperature; and a second part comprising a first portion coupled to the temperature deformation portion of the first part, and comprising a second portion coupled to an electrode lead of an electrode assembly.
Epstein, from the same field of endeavor, teaches an electrochemical cell safety mechanism comprising a temperature deformation portion (bimetallic strip 30) as a first part coupled and electrically connected to an electrode terminal (rivet 26) configured to deform toward the electrode terminal in response to an increase in temperature, and a second part (pin 32) comprising a first portion coupled to the temperature deformation portion of the first part, and comprising a second portion coupled to an electrode lead of an electrode assembly [Epstein – C3:L30-68,C4:L1-15; FIGURE]. Epstein teaches that the temperature deformation portion bends towards the upper electrode terminal, and in doing so, physically separates from a second part that is connected to the electrode 20 in order to break the electrical connection [Epstein – C4:L1-15; FIGURE]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have modified the cap plate of Su-Yeon to have included the temperature-activated bimetallic mechanism of Epstein to include a first part coupled and electrically connected to the electrode terminal, the first part comprising a temperature deformation portion configured to deform toward the electrode terminal based on an increase in temperature; and a second part comprising a first portion coupled to the temperature deformation portion of the first part, and comprising a second portion coupled to an electrode lead of an electrode assembly as a well-known proactive thermal runaway protection mechanism ensuring the circuit is interrupted when cell temperatures rise to excessive levels before the internal pressure reaches the point of cell rupture [Epstein – C2:L45-56].
Regarding Claims 8-9, modified Su-Yeon discloses the cap plate wherein the second part is configured to separate from the first part when the temperature deformation portion of the first part is deformed toward the electrode terminal by the increase in temperature, and wherein the first part deforms when the temperature deformation portion bends toward the electrode terminal based on the increase in temperature [Epstein – C4:L1-15].
Regarding Claims 14-15, Su-Yeon discloses a prismatic secondary battery comprising a case 200 comprising an open side, an electrode assembly received within the case through the open side, and a cap plate according to claim 7, wherein the cap plate is coupled to the case to seal the open side [Su-Yeon – Figs. 2,4]. Modified Su-Yeon discloses the battery wherein the temperature deformation portion of the first part deforms by bending toward the electrode terminal in response to a temperature increase corresponding to an amount of current flowing in the electrode terminal [Epstein – C4:L1-15; FIGRE].
Allowable Subject Matter
Claims 10-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Claim 10 is allowable over the prior art of record because the cited references, either individually or in combination, fail to teach or render obvious the specific structural geometry and operation mechanics of the claimed cap assembly. Specifically, the prior art fails to disclose wherein the first portion of the second part comprises a junction coupled to the temperature deformation portion of the first part, and wherein the first portion comprises a plurality of legs connecting the junction with the second portion of the second part, and wherein the second portion comprises a main body of the second part. The instant specification teaches that, upon deformation of the temperature deformation portion, the junction of the second part joined to the temperature deformation portion moves toward the electrode terminal causing the junction to rupture and be separated from the second part. There is no motivation in the art for an ordinary skilled artisan to further modify the second portion of the second part of modified Su-Yeon to particularly include a plurality of legs connecting the junction with the second portion or a main body of the second portion without requiring impermissible hindsight.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAROON S SHEIKH whose telephone number is (571)270-0302. The examiner can normally be reached 9-6.
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, JONATHAN LEONG can be reached at (571) 270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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HAROON S. SHEIKH
Primary Examiner
Art Unit 1751
/Haroon S. Sheikh/Primary Examiner, Art Unit 1751
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