RESPONSE TO AMENDMENT
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 .
Amendments to the claims, filed 07/28/2026, have been entered in the above identified application.
Claims 1, 8, 11, 18 and 21-32 are pending in the application.
Claims 2-7, 9-10, 12-17 and 19-20 are cancelled in the application.
WITHDRAWN OBJECTIONS/REJECTIONS
The objections to the claims 3 and 4 made of record in the office action mailed 04/29/2026 have been withdrawn due to Applicant’s amendment in the response
filed 07/28/2026.
The 35 U.S.C. §112(b) rejection of the claims 2, 7-9, and 17-19 made of record in the office action mailed on 04/29/2026 have been withdrawn due to Applicant’s amendment in the response filed 07/28/2026.
Claim Objections
Claims 8 objected to because of the following informalities: “a pentagon, or a hexagon; shapes of orthographic projections of the third protrusions” should be “a pentagon, or a hexagon; or shapes of orthographic projections of the third protrusions…”.
Claims 18 objected to because of the following informalities: “a pentagon, or a hexagon; shapes of orthographic projections of the third protrusions” should be “a pentagon, or a hexagon; or shapes of orthographic projections of the third protrusions…”
Appropriate correction is required.
REJECTIONS
Claim Rejections - 35 USC § 112
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 1 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.
Claims 1 recites ‘third recesses having different shapes and arranged on the first top cover and the second top cover” is unclear as to whether the protrusion or recess arranged on the first top cover and the second top cover is one continuous recess or two separate entity rendering the claims vague and indefinite.
Claims 1 recites third protrusions having different shapes and arranged on the first top cover and the second top cover” is unclear as to whether the protrusion arranged on the first top cover and the second top cover is one continuous recess or protrusion or two separate entity rendering the claims vague and indefinite.
Claims 8, 11, 18 and 21-32 are similarly rejected as they are dependent on claim 1.
Claims 8 and 18 are rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding claim 8 and 18, the claim limitation, “wherein the shapes of orthographic projections”, does not appear to properly limit claim 1 and 11 on which it is dependent on, respectively. “Third directional portion … having different shapes” in claim 1 requires third directional portion to have different shapes whereas claim 8 and 18 specifies the orthographic projection shape is “one of” the listed shapes. Therefore, it is contradictory with what is claimed in claim 1.
Applicant may cancel the claims, amend the claims to place the claims in proper dependent form, rewrite the claims in independent form, or present a sufficient showing that the dependent claims comply with the statutory requirements.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim 1, 8, 11, 18 and 21-32 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al (CN 212907981U, see attached machine translation for prior art discussion), in view of Kim (US PG Pub 2009/0087732 A1) and Yang (CN 215266480U, see attached machine translation for prior art discussion).
Regarding claims 1 and 11, Huang et al. discloses a cylindrical battery (cell, ref.
11, figure 1) comprising a cylindrical battery assembly comprising a housing (shell, para. n0046), and a top cover assembly (battery cell terminal, ref. 120, figure 1 and 2). The electrode assembly is provided with a first tab (positive electrode plate) and a second tab (negative electrode plate) opposite the first tab in polarity (para. n0065)
and the first tab and the second tab are located on the same end surface of the electrode assembly (para. n0044). The top cover assembly comprises a first top cover
(negative terminal, ref. 122, figure 1), a second top cover (positive terminal, ref. 121,
figure 1 and 2) and an insulating part (insulating baffle, ref. 124, figure 2, para. n0049-
n0050, n0057), and the polarity of the first top cover is opposite to the polarity of the second top cover (para. n0041), the first top cover is connected to the second top cover
in an insulating manner by the insulating part (ref. 124, figure 2, para. n0051). Huang et
al. further discloses the first tab is connected to the first top cover, and the second tab is
connected to the second top cover (para. n0044-0045, n0065).
Huang et al. fails to disclose the housing is provided with an opening, and the top
cover assembly seals the opening in an insulating manner and a directive structure is
arranged on the housing and/or the top cover assembly, and the directive structure and
the cylindrical battery assembly are arranged in a non-coaxial manner.
Kim discloses a cylindrical battery (secondary battery) comprising of an electrode
assembly (ref. 20, figure 2) within the housing (can, ref. 10, figure 2) and a top cover
assembly (cap assembly, ref. 40, figure 2). Kim further discloses the housing has an
open top end and a cylindrical space to accommodate the electrode assembly (para.
0024). Kim further discloses an insulating gasket (ref. 30, figure 2) is provided on the
housing and along with the top cover assembly seals the housing in an insulating
manner (para. 0031-0032).
Kim further discloses a directive structure on the surface of the housing (ref. 19d,
figure 4A, para. 0014) and is arranged in a non-coaxial manner with the cylindrical
battery (ref. 19d, figure 4A).
It would have been obvious to one of ordinary skill in the art before effective filling
date of the claimed invention to add a first directive structure on the housing of Huang et
al. as taught by Kim. One of ordinary skill in the art would have been motivated to add a
first directional portion to the surface of the housing to prevent lateral movement of the
electrode assembly within the housing.
The combination of Huang and Kim fails to disclose a third directional portion and the third directional portion comprises third recess or third protrusion and third directional portion having different shapes and arranged on the first top cover and the second top cover.
Yang discloses a cylindrical battery (ref. 10, figure 1) includes a top cover
assembly (ref. 200, figure 1), and a housing (ref. 100, figure 1). Yang discloses a third directional portion (anti-misfit protrusions/anti-foolproof protrusion) which are non – centrically symmetrically distributed (para. n0056), having different shapes – frustrum, cuboid, cube, prism, etc. (anti-foolproof protrusion, para. n0060) arranged on the cover plate ( ref. 210, para. n0058). Yang further discloses anti-misfit protrusions (ref. 227)
can be two three or five etc. so as to define a unique correct assembly position and prevent misfitting during installation (para. n0056). As Huang teaches two top covers and Yang teaches a non centrosymmetric distributions of anti-misfit protrusions as discussed above the combination of Huang and Yang would disclose the third protrusions would be on the first top cover and the second top cover.
It would have been obvious to one of ordinary skill in the art before effective filling
date of the claimed invention to modify the cylindrical battery assembly of Huang et al.
with a directive structure as taught by Yang. One of ordinary skill in the art would have
been motivated to add a third directional portion to the cylindrical battery
assembly to avoid installation accident and to determine correct assembly direction.
Regarding claim 8, as discussed above with respect to claim 1, Yang discloses third protrusions (anti-misfit protrusions/anti-foolproof protrusion) having different shapes – frustrum, cuboid, cube, prism, cylindrical etc. (anti-foolproof protrusion, para. n0060) and the combination of Huang, Kim and yang would have an orthographic projection on the first top cover and the second top cover of a rectangle, square, triangle or circle.
Regarding claim 18, as discussed with respect to claim 1, 8, and 11 the combination of Huang, Kim and Yang discloses the cylindrical battery wherein shapes of orthographic projections of the third protrusions on the first top cover and the second top cover are one rectangle, square, triangle or circle.
Regarding claim 21, 22, and 23 Kim discloses the cylindrical battery housing (can) includes first directional portion is a recess and has a groove shape on the peripheral surface of the housing (ref. 19d, figure 4A, para. 0014-0015) and is arranged at the bottom of the housing (ref. 19d, figure 4A). Kim discloses such a housing prevent lateral movement of the electrode assembly within the can (para. 0014)
It would have been obvious to one of ordinary skill in the art before effective filling
date of the claimed invention to add a first directive structure on the housing of Huang
as taught by Kim. One of ordinary skill in the art would have been motivated to add a
first directional portion to the surface of the housing to prevent lateral movement of the
electrode assembly within the housing.
Regarding claim 24, Kim discloses a first directional portion (ref. 19d, Figure 4A), the combination of Huang, Kim and Yang discloses the structure as claimed in 1 and 23 and therefore the orthographic projection of first directional portion would be located on the first top cover or the second top cover, or is located between the first top cover and the second top cover.
Regarding claim 25 and 26, Huang fails to disclose a second directional portion. Yang discloses a second directional portion is a protrusion (fool proof protrusion/anti-mistake protrusion, ref. 227, figure 3, para. n0054) on a side of the insulator (ref. 220, figure 3) away from the interior of the housing (figure 3, para. n0059). Yang discloses such an arrangement prevents installation accidents caused by misalignment between the insulating component and the cover plate (para. n0054).
It would have been obvious to one of ordinary skill in the art before effective filling
date of the claimed invention to add a second directional portion on a side of the insulator of the modified housing of Huang as taught by Yang. One of ordinary skill in the art would have been motivated to add the second directional portion to prevent installation accident.
Regarding claim 27, 28 and 29 as discussed above with respect to claim 1, 21-23, Kim discloses the cylindrical battery housing (can) includes first directional portion is a recess in groove shape on the peripheral surface of the housing (ref. 19d, figure 4A, para. 0014) and is arranged at the bottom of the housing (ref. 19d, figure 4A).
Regarding claim 30, Kim discloses a first directive structure, the combination of Huang, Kim and Yang discloses the structure as claimed in claim 29 and therefore the orthographic projection of the first directional portion is located on the first top cover or the second top cover, or is located between the first top cover and the second top cover (ref. 19d, Figure 4A).
Regarding claim 31 and 32, as discussed above with respect to claim 25 -26, Yang discloses a second directional portion is a protrusion (fool proof protrusion/anti-mistake protrusion, ref. 227, figure 3, para. n0054) on a side of the insulator (ref. 220, figure 3) away from the interior of the housing (figure 3, para. n0059), including one or more structures which meet the limitation of a second directional portion.
It would have been obvious to one of ordinary skill in the art before effective filling
date of the claimed invention to add a second directional portion on a side of the insulator the modified housing of Huang as taught by Yang. One of ordinary skill in the art would have been motivated to add the second directional portion to prevent installation accident.
ANSWERS TO APPLICANT’S ARGUMENTS
The objections to the claims 3 and 4 made of record in the office action mailed 04/29/2026 have been withdrawn due to Applicant’s amendment in the response
filed 07/28/2026.
The 35 U.S.C. §112 (b) rejection of the claims 2, 7, 9, 17 and 19 made of record in the office action mailed on 04/29/2026 have been withdrawn due to Applicant’s amendment in the response filed 07/28/2026.
The 35 U.S.C. §112 (d) rejection of the claims 8 and 18 made of record in the office action mailed on 04/29/2026 is maintained as claim 1 requires third directional portion to have different shapes whereas claim 8 and 18 specifies the orthographic projection shape is “one of” the listed shapes. Therefore, it is contradictory with what is claimed in claim 1.
Regarding applicants argument Yang’s foolproof protrusion differs in structure and function from the claimed invention on page 10 have been considered but they are not persuasive. Claims as presented requires the directive structure is arranged on the housing and top cover assembly. Yang is relied upon for its teaching of fool proof protrusion which are arranged on the insulator and on the cover assembly. The claims does not further require that the directive structure to perform any function.
Regarding applicants argument Kim does not discloses the first directional portion of the present invention on page 10 have been considered but they are not persuasive. The claim as presented merely requires that the first directional portion is arranged on the peripheral surface of the housing, is in a groove shape and does not further require that the first directional portion perform the function of the invention.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ISWARYA MATHEW whose telephone number is (571)272-9515. The examiner can normally be reached M-F 9:00 AM - 3:00 PM.
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/I.M./
Iswarya MathewExaminer, Art Unit 1788
09/17/2026
/ALEXANDRE F FERRE/Primary Examiner, Art Unit 1788
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