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 .
Summary of Actions:
Rejections:
Claims 5-17 (112)
Claims 1- (102)
Claims 4 (103)
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.
Claims 5-17 are 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 5 recites the limitation "the arc" in "the arc corresponding to the first sub hole is a major arc". There is insufficient antecedent basis for this limitation in the claim. Applicant is advised to withdraw the claim, provide a clear, concise, and specific definition of the term “the arc” in the figures and/or specification, or reword the claim to avoid use of the undefined term “the arc”. Applicant is reminded that using terms such as “the” preposition can trigger 112b indefiniteness rejections.
Claims 7-8 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(s) 7-8 recites the limitation "the first tab", claim 8 recites "the weak portion" in "a first weak portion...the first tab ... a second weak portion ... the second tab" and “polarity of the second tab is opposite to that of the first tab”. The specification does not clearly label “the first tab” and/or “the weak tab” in the drawings or disclosure.
Applicant is advised to withdraw the claim, provide a clear, concise, and specific definition/label of the term “the first tab" and "the weak tab” in the figures and/or specification, or reword the claim to avoid use of the undefined term “the first tab" and "the second tab”.
Claim 6 is 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 6 is rejected for failing to clearly and concisely define "the height difference between the first protrusion and second protrusion".
Claims 8-17 is rejected for being indefinite by means of dependency on an indefinite claim 6.
To allow for further prosecution of claims 6, 8-17, claim 6 will be further interpreted herein and in subsequent office actions as reciting “a first protrusion … and a second protrusion” until applicant provides a clear, concise, and sufficient clarification of the aforenoted indefinite element(s) in a subsequent official correspondence to this office.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-3, 5, 18-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by GE, et. al. CN 110783503 A (herein after referred to as "GE").
Regarding Claims 1-3, 5, 7, 18, and 20, GE discloses, according to all the features of claim 1,
A battery cover structure, comprising: a first cover (Figure 2, 50), a second cover (61) and a third cover (22)
(The examiner notes that the second cover 61 is a component of the third cover 22; this is consistent with applicant’s instant Fig. 1 depicting second cover 11 as a component of the third cover 12);
wherein the first cover is provided with a first through hole (51+52), the second cover, and the third cover are connected and are arranged in the first through hole, the second cover is configured for being electrically connected to an outside (21), and the third cover is configured for being electrically connected to a first tab (Figure 6, 71; Note Figure 6 includes object 22 of figure 2);
the second cover and the third cover have the height difference in the first direction (Fig. 2), and each of the second cover and the third cover is provided with a welding region (21and (12 (on the second cover)));
and an insulator, provided between the first cover and the second cover (insulator 30) and between the first cover and the third cover (30), so as to insulate and isolate the first cover from the second cover, and insulate and isolate the first cover from the third cover (The examiner considers insulator 30 to act as an insulator between the first cover and both second and third covers, consistent with applicant’s instant Figure 4, depicting first insulator 31 and second insulator 32 as part of an insulating unit 3).
Regarding claim 2, the battery cover structure according to claim 1, wherein the first through hole (51+52) comprises a first sub hole (52) and a second sub hole (51) in communication with the first sub hole.
Regarding claim 3, the battery cover structure according to claim 2, wherein the insulator comprises a first insulator (30), the first insulator is mounted in the first through hole (30), a mounting slotted hole (31 and/or 32) corresponding to the first through hole is formed on the first insulator; and the second cover (61) and the third cover (22) are mounted in the mounting slotted hole, the second cover is located in the first sub hole (52), and the third cover is located in the second sub hole (51).
Regarding claim 5, the battery cover structure according to claim 2, wherein the first sub hole is a part of a circular sub hole cut along a chord, and the arc corresponding to the first sub hole is a major arc (52). While the Examiner has rejected claim 5 on the basis of the term “the arc” for indefiniteness, the Examiner has taken the assumption that “the arc” is defined as “a major arc” for the basis of this 102 rejection.
Regarding claim 18, a battery, comprising a housing provided with an opening at one end (20), the battery cover structure according to claim 1 for closing the opening, and a cell (Figure 6, 70) connected to the battery cover structure; wherein a positive tab (71) and a negative tab (71) of the cell are both provided on an end of the cell facing the battery cover structure.
Regarding claim 19, the battery according to claim 18, further comprising an insulation sealing member ([36], "a top 10...sealing the piece of insulation 30") arranged between the battery cover structure and the housing and isolating the housing from the battery cover structure.
Regarding claim 20, an electric device, comprising the battery according to claim 18 ([0035], “the pole post 21 (of the battery) … facilitates connection with external electrical devices)”.
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.
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over GE, as applied to claim 3, and further in view of DING CN-113571848.
Regarding claim 4, GE teaches the battery cover structure according to claim 3, but is silent on the battery cover structure has the central position, the first sub hole is located at the central position, at least a part of the first cover forms an annular shape, the annular shape is configured for being electrically connected to the outside, and the annular shape surrounds the second cover and the third cover by taking the central position as the center, but said reference does disclose the battery cover structure … the first sub hole (52) … at least a part of the first cover (50) forms an annular shape, the annular shape is configured for being electrically connected to the outside (50 shows an annular shape 52 configured for being electrically connected to the outside through 21), and the annular shape surrounds the second cover and the third cover.
It is noted, that there is no significant difference between placement of the battery cover structure, sub holes, and covers, on the end or in the center with annular shapes as both structures allow for electrical connection. Further, placement of the battery cover structure, sub holes, and covers in the center and annular shapes on the covers was well known in the art at the time the invention was made (as evidenced by DING (the battery cover structure has the central position (Fig. 7, 120), the first sub hole (130) is located at the central position, at least a part of the first cover (Fig 8, 110) forms an annular shape, the annular shape is configured for being electrically connected to the outside (160), and the annular shape surrounds the second cover (130) and the third cover (120) by taking the central position as the center.)).
Therefore, it would have been obvious to one having ordinary skill in the art at the time the invention was made to modify the apparatus of GE to have placement of the battery cover structure, sub holes, and covers in the center and annular shapes on the covers, as such modification would involve a mere change in configuration. It has been held that a change in configuration of shape of a device is obvious, absent persuasive evidence that a particular configuration is significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified GE as applied to claim 4 above, and further in view of JUNG WO-2023101107-A1.
Modified GE teaches the battery cover structure according to claim 4, but is silent on wherein a first protrusion is formed on the second cover, and/or a second protrusion is formed on the annular shape of the first cover, the height difference between the first protrusion and the second protrusion is 0.5mm - 5mm.
JUNG teaches wherein a first protrusion is formed on the second cover (130), and/or a second protrusion is formed on the annular shape of the first cover (251), the height difference between the first protrusion and the second protrusion is 0.5mm - 5mm (Figure 6; [89], "In the terminal pillar 252 , the first thickness X, which is the thickness of the region where the cavity 252a is formed ... Here, the first thickness (X) is preferably any one of 0.5mm to 2mm"). The Examiner notes that the first cover 251 is part of an annular structure “a cylindrical secondary battery 200”.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of modified GE by inclusion of a first , as shown by JUNG. This modification would benefit the system by JUNG
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified GE as applied to claim 4 above .
Regarding claim 7, modified GE teaches the battery cover structure according to claim 4, wherein a part of region outside the annular shape in the first cover (50, see rejection of claim 4 for change in shape) is configured for being electrically connected to a second tab (71), and the polarity of the second tab is opposite to that of the first tab (71). This Office notes that GE teaches two distinct covers (50) as shown in FIG. 2 and two distinct tabs (71) as shown in FIG. 6. This Office considers the separate distinct tabs to have opposite polarity. This office notes that the two separate upper plastic compartments (40) of GE in FIG. 2 that connect to the first and second tabs (71) are labeled “-“ on the left and “+” on the right for negative and positive polarity, respectively.
While this Office has further rejected claim 7 on the basis of the term “the first tab" and "the second tab” for indefiniteness in accordance with 35 U.S. Code § 112(b), this Office has taken the assumption that “the first tab” is defined as “a first tab” and that “the second tab” is defined as “a first tab” for the basis of this 35 U.S. Code § 103 rejection.
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified GE as applied to claim 6 above.
With respect to claim(s) 8, GE teaches wherein:
a first weak portion (23) for electrically connecting to the first tab is formed on the third cover (22), a second weak portion (second 23) for electrically connecting to the second tab is formed on the first cover (50), and the polarity of the second tab (71) is opposite to that of the first tab (second 71) the first weak portion and/or the second weak portion are recessed structures (Fig. 2), the first weak portion avoids the first protrusion (surface surrounding Fig. 2), and the second weak portion avoids the second protrusion (Fig. 2).
This office notes that the two separate upper plastic compartments (40) of GE in FIG. 2 that connect to the first and second tabs (71) are labeled “-“ on the left and “+” on the right for negative and positive polarity, respectively.
While this Office has further rejected claim 8 on the basis of the term “the first tab" and "the second tab” for indefiniteness in accordance with 35 U.S. Code § 112(b), this Office has taken the assumption that “the first tab” is defined as “a first tab” and that “the second tab” is defined as “a first tab” for the basis of this 35 U.S. Code § 103 rejection.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified GE as applied to claim 8 above, and further in view of additional aspects of GE.
Modified GE teaches the battery cover structure according to claim 8, GE further teaches wherein a first raised portion (62) and a first recessed portion (61) are respectively formed at the connection position at the first insulator (30) and the first cover (50), and the first insulator is clamped with the first cover by the first raised portion and the first recessed portion as shown in FIG. 2. The Examiner considers the term “clamped” to be defined as “hold (something) tightly against another thing”.
The applicant is advised that this Office has further rejected claim 9 for indefiniteness in accordance with 35 U.S. Code § 112(b).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified GE as applied to claim 9 above.
Regarding claim 10, GE teaches the battery cover structure according to claim 9, wherein the second cover and the third cover are connected to form a cover body, a second raised portion (Fig. 2, 31) and a second recessed portion (32) are respectively formed at the connection position at the cover body and the first insulator, and the first insulator is clamped with the cover body by the second raised portion and the second recessed portion as shown in FIG. 2.
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified GE as applied to claim 10 above.
Regarding claim 11, modified GE teaches the battery cover structure according to claim 10, and Ge further teaches wherein the insulator further comprises a second insulator extending along the periphery of the bottom of the first insulator and covering a part of the bottom surface of the first cover ([14], "insulating pad is set between the bottom surface of the top surface and the top of the connecting plate"; Figure 4, 40, 30).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified GE as applied to claim 11 above.
Regarding claim 12, modified GE teaches the battery cover structure according to claim 11, and Ge further teaches wherein the first insulator is provided with a first through port at a position corresponding to the first weak portion, and the second insulator is provided with a second through port at a position corresponding to the second weak portion (Ge, [36], "the top part of the insulating part has a first through hole 21 aligned with the pole part 41… the sealing member 30 are respectively provided with a welding hole aligned with the welding part 12 and the first hole 31"; Fig. 2, see insulator 40)
Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified GE as applied to claim 12 above, and further in view of KARL US-20230246317-A1.
GE teaches the battery cover structure according to claim 12, but is silent on further comprising a current collector piece; wherein the current collector piece comprises a first current collector portion, an insulation connecting portion and a second current collector portion which are connected in sequence; the first current collector portion is arranged on the first through port and partially connected to the first weak portion, and the second current collector portion is arranged on the second through port and partially connected to the second weak portion.
KARL teaches on further comprising a current collector piece; wherein the current collector piece comprises a first current collector portion, an insulation connecting portion and a second current collector portion which are connected in sequence; the first current collector portion is arranged on the first through port and partially connected to the first weak portion, and the second current collector portion is arranged on the second through port and partially connected to the second weak portion. (KARL, [0075] “The current collector strap 48 may extend through an aperture of the insulator 18 adjacent a guide portion” [0087] "the tab current collectors 23 extends through the insulator 18.", "It is contemplated that any number of tab current collectors may form…extend through the insulator", Fig 14A, 14B.)
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of modified GE by adding the “current collector piece” of KARL as claimed (requires sequence of structures), and connections, as suggested by KARL. This modification would benefit the system by KARL, [0002], “ long-term reliability … for the electrochemical cell”.
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified GE as applied to claim 13 above.
KARL teaches the battery cover structure according to claim 13, wherein a part of the first current collector portion configured to connect with the third cover is a first raised portion, and a part of the second current collector portion configured to connect with the first cover is a second raised portion. (KARL [0075] "The current collector strap 48…includes the first bend 80 and the second bend 82”; Fig 14a, see current collector tab 23-1 and a second current collector tab (48 connected to 82)).
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified GE as applied to claim 13 above.
Modified GE teaches: the battery cover structure according to claim 13, wherein a third through port (GE, 32) is provided on a part of the first insulator (GE, 30) located in the first sub hole (GE, 52) , and the third through port and the insulation connecting portion are respectively provided with connecting structures matching each other.
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified GE as applied to claim 13 above, and further in view of KIM US-20230327305-A1.
KIM teaches regarding claim 16, wherein the first cover (146), the second insulator (160), and the insulation connecting portion are correspondingly provided with functional holes, the functional holes are configured for liquid injection or pressure relief ([0040] "The gas discharge hole 146b is configured to discharge internal gas when excessive internal pressure is generated inside the…can"; [0045] "The first hole 160a allows the gas to quickly move upwardly through the center pin 130 when a large amount of gas is generated due to an abnormality in the secondary battery").
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of modified GE by inclusion of an insulation connecting portion are correspondingly provided with functional holes, the functional holes are configured for liquid injection or pressure relief, as shown by KIM. This modification would benefit the system by allowing for pressure relief when excessive internal pressure is generated inside the can.
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over modified GE as applied to claim 11 above, and further in view of ZOU CN-114899558-A.
GE teaches the battery cover structure according to claim 11, but is silent on wherein a plurality of nanopores are formed on the first raised portion or the first recessed portion; and/or a plurality of nanopores are formed on the second raised portion or the second recessed portion; and/or a plurality of nanopores are provided at the connection position at the first cover and the second insulator, and at least a part of the second insulator is embedded into the nanopores..
ZOU teaches wherein a plurality of nanopores are formed on the first raised portion or the first recessed portion; and/or a plurality of nanopores are formed on the second raised portion or the second recessed portion; and/or a plurality of nanopores are provided at the connection position at the first cover and the second insulator, and at least a part of the second insulator is embedded into the nanopores ([34], "preferably, the connection part of the first cap and the second insulator is provided with a plurality of nano holes, at least a portion of the second insulator is embedded in the nano hole").
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the system of GE by wherein, as shown by ZOU. This modification would benefit the system by improving as cited in ZOU, [99], “Preferably, as shown in FIG. 2, the first convex part or the first concave part is formed with a plurality of nano-holes … , so as to ensure the first insulator 31 respectively with the cover body and the first cap 2 is good in air tightness.”.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EVAN M ABELSON whose telephone number is (571)272-9302. The examiner can normally be reached Monday - Friday, 7:30 AM - 5:00 PM U.S. EST.
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, Allison Bourke can be reached at (303) 297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
EVAN ABELSON
Examiner
Art Unit 1721
/EVAN M ABELSON/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721