Prosecution Insights
Last updated: October 02, 2026
Application No. 18/233,053

METHOD OF MANUFACTURING SECONDARY BATTERY

Final Rejection §103§112
Filed
Aug 11, 2023
Priority
Feb 18, 2021 — JP 2021-024486 +1 more
Examiner
KOROVINA, ANNA
Art Unit
1729
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Murata Manufacturing Co., Ltd.
OA Round
2 (Final)
29%
Grant Probability
At Risk
3-4
OA Rounds
11m
Est. Remaining
51%
With Interview

Examiner Intelligence

Grants only 29% of cases
29%
Career Allowance Rate
106 granted / 363 resolved
-35.8% vs TC avg
Strong +22% interview lift
Without
With
+22.1%
Interview Lift
resolved cases with interview
Typical timeline
4y 1m
Avg Prosecution
34 currently pending
Career history
402
Total Applications
across all art units

Statute-Specific Performance

§101
0.6%
-39.4% vs TC avg
§103
56.6%
+16.6% vs TC avg
§102
13.8%
-26.2% vs TC avg
§112
23.7%
-16.3% vs TC avg
Black line = Tech Center average estimate • Based on career data from 363 resolved cases

Office Action

§103 §112
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 . Response to Amendment Claims 1 and 13 have been amended, while claim 10 has been cancelled. Claims 1-9, and 11-13 are pending and considered in the present Office action. The 112, 102 and 103 rejections are withdrawn in view of the amendments. However, upon further consideration a new ground of rejection is necessitated by amendment. Response to Arguments Applicant’s arguments with respect to the claims 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. Claim Rejections - 35 USC § 112 The following is a quotation of the first paragraph of 35 U.S.C. 112(a): (a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention. The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112: The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention. Claims 11 and 13 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. Applicant has amended claim 1 to include the step (51s) in the embodiment shown in Fig. 8. Claim 11, which depends from claim 1, further recites a protruding portion (52p) continuous with the rising side portion (52b) of the lid shaped exterior member (56) in the embodiment shown in Fig. 7. However, the embodiment with the protruding portion (52p) does not include a step (51s); thus, the features of claim 11 (step 52s and protruding portion 52p), in combination, are considered new matter. Similarly, claim 13, which depends from claim 1, further recites the cup-shaped exterior member includes a curved outer peripheral edge portion such that an end portion of the cup shaped exterior member is spaced apart from an end of the lid shaped exterior member in a sectional view (see embodiment in Fig. 9). However, the embodiment with the aforementioned curved outer peripheral edge portion on the cup shaped exterior portion does not also include the step portion recited in claim 1; thus, the features of claim 13 are considered new matter. 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(s) 1-9, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mori (JP 2019110024, of record) in view of Min et al. (US 2023/0223625), hereinafter Mori and Min. Regarding Claim 1, Mori suggests a method of manufacturing a secondary battery, the method comprising: providing an electrode assembly (35) in a cup-shaped exterior member (2); injecting an electrolytic solution (36) into the cup-shaped exterior member; providing a lid-shaped exterior member (3, 31, 37) so as to cover a cavity of the cup-shaped exterior member (2) with a lid and to be fitted into at least a part of the cavity, see Fig. 1, [0019-0023]; and irradiating a boundary portion between the cup-shaped exterior member and the lid-shaped exterior member facing each other with a laser (41) to form a welded portion (e.g., 51, 53) by providing the lid-shaped exterior member (see e.g., Fig. 2A, 3A), wherein: each of the cup-shaped and lid-shaped exterior members includes a first extending surface constituting the boundary portion and a second extending surface facing the first extending surface while being spaced apart from each other, and the laser is emitted from the second extending surface of one of the cup-shaped and lid-shaped exterior members toward the second extending surface of the other of the cup-shaped and lid-shaped exterior members with the boundary portion interposed therebetween (see Figs. 2A and 3A). Mori does not suggest the cup-shaped exterior member has a step on an inner peripheral side thereof, and the lid shaped exterior member contacts the step. However, Min provides various cup/lid geometries that enables one to easily and stably perform a welding process with improved weld quality, and the welding point and electrode assembly are maximally spaced from each other to prevent thermal damage of the electrode assembly, see e.g., Figs. and [0002, 0026]. Min shows in Fig. 12 that the cup-shaped exterior member (20, 21) has a step on an inner peripheral side thereof, and the lid shaped exterior member contacts (50) the step, [0071-0072]; the step of the cup (20, 21) restricts movement of the lid (50), allowing welding to be performed stably and easily ([0061-0062]), and the welding points of the cup (20, 21) and lid (50) are relatively far apart from each other, such that the possibility of thermal damage of a separator provided in the electrode assembly is reduced ([0071-0072]). It would be obvious to one having ordinary skill in the art the cup-shaped exterior member has a step on an inner peripheral side thereof such that the lid shaped exterior member contacts the step with the expectation of easily and stably perform a welding process with improved weld quality, and since the welding point and electrode assembly are maximally spaced from each other thermal damage of the electrode assembly is prevented, as suggested by Min. Regarding Claim 2, Mori suggests the laser is emitted across the boundary portion, see e.g., Figs. 2A and 3A. Regarding Claim 3, Mori suggests the laser is emitted so as to cross the boundary portion, see e.g., Figs. 2A and 3A. Regarding Claim 4, Mori suggests the second extending surface is a side surface of the cup-shaped exterior member and a side surface of the lid-shaped exterior member, see e.g., Figs. 2A and 3A. Regarding Claim 5, Mori suggests the one of the second extending surfaces of the cup-shaped and lid-shaped exterior members is a laser incident portion, see e.g., Figs. 2A and 3A. Regarding Claim 6, Mori suggests the laser (41) is emitted from an outer peripheral side of the cup-shaped or lid-shaped exterior member toward an inner peripheral side with the boundary portion interposed therebetween, see e.g., Figs. 2A and 3A. Regarding Claim 7, Mori suggests each of the cup-shaped and lid-shaped exterior members further includes a third extending surface (i.e., see top surfaces of 22 and 37 in Fig. 3A, or interface between 52 and 2, and 52 and 31, in Fig. 3B) connecting an end portion of the first extending surface and an end portion of the second extending surface, and the cup-shaped or lid-shaped exterior member is irradiated with the laser (42) such that the welded portion (53) is formed to be spaced apart from the third extending surface of the cup-shaped and lid-shaped exterior member, i.e., 53 is spaced apart from the interface formed between 2 and 52, and 31 and 52, see e.g., Figs. 2B and 3B). Regarding Claim 8, Mori suggests in a sectional view, the lid-shaped exterior member (3, 31, 37) comprises an exterior member having a bottom portion (31) and a rising side portion (37) configured to rise from an outer peripheral edge of the bottom portion (see e.g., Fig. 3A), and having an outer curved surface (i.e., corner, about 90°, see e.g., Figs. 3A and 4) formed of the bottom portion and the rising side portion. Regarding Claim 9, Mori suggests the boundary portion has at least a contact region where the cup-shaped exterior member and the lid-shaped exterior member are in contact with each other, and the contact region is irradiated with the laser, see e.g., Figs. 3A. Regarding Claim 11, Mori suggests as the lid-shaped exterior member (3, 31, 37), a member formed by further including a protruding portion (e.g., 52) continuous with the rising side portion (37) of the lid- shaped exterior member (3, 31, 37) and extending in a direction different from the extending direction of the rising side portion (i.e., protruding portion 52 extends in the X direction, while rising side portion 37 extends in the Y direction). Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mori and Min in view of Shinohara (US 6,573,001, or record), hereinafter Shinohara. Regarding Claim 12, Mori does not suggest the cup-shaped exterior member and the lid-shaped exterior member each have a thickness of 300 µm or less. However, Shinohara suggests a sealed battery comprising a lid-shaped exterior member (i.e., 31) having a thickness T1, T3 fixed to a cup-shaped exterior member (i.e., 10) having a thickness L1, L2, see e.g., Figs. 3-4. Shinohara suggests the cup-shaped exterior member (10) and the lid-shaped exterior member (31) each have a thickness of 300 µm or less (i.e., 50 µm ≤ T3 ≤ T1 and 50 µm ≤ L1 ≤ L2) to reduced heat stress, leading to less incidence of cracking, thereby improving productivity, e.g., col. 6 lines 43-51, col. 7 line 45 – col. 8 line 60, and Figs. 9-10. It would be obvious to one having ordinary skill in the art the cup-shaped exterior member and the lid-shaped exterior member each have a thickness of 300 µm or less with the expectation of reducing heat stress, thereby reducing the incidence of cracking, which results in improved productivity, as suggested by Shinohara. Claim(s) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mori and Min in view of Shimizu (US 2022/0102789, or record), hereinafter Shimizu. Regarding Claim 13, Mori does not suggest the cup-shaped exterior member comprising a member in which an outer peripheral edge portion is curved such that an end portion of the cup-shaped exterior member is spaced apart from the end portion of the lid-shaped exterior member in a sectional view. However, Shimizu suggests a cup-shaped exterior (120) member comprising a member (110) in which an outer peripheral edge portion is curved (see e.g., Figs. 1 and 3, where 110 includes a surface S1 which is a bent/oblique) such that, in a sectional view, an end portion of the cup-shaped exterior member (402, 414, 330) is spaced apart from an end portion of the lid-shaped exterior member, see e.g., Fig. 3C, [0054]. The aforementioned structure enables a firm, hermetic, strong bond between the cup-shaped exterior member and the lid-shaped exterior member, which is easily performed by laser welding, [0037-0039, 0054, 0102]. It would be obvious to one having ordinary skill in the art the cup-shaped exterior member comprises a member in which an outer peripheral edge portion is curved such that an end portion of the cup-shaped exterior member is spaced apart from a end portion of the lid-shaped exterior member in a sectional view with the expectation of forming a firm, hermetic, strong bond between the cup-shaped exterior member and the lid-shaped exterior member that is easily performed by laser welding, as suggested by Shimizu. 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 ANNA KOROVINA whose telephone number is (571)272-9835. The examiner can normally be reached M-Th 7am - 6 pm. 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, Ula Ruddock can be reached at 5712721481. 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. /ANNA KOROVINA/Examiner, Art Unit 1729 /ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
Read full office action

Prosecution Timeline

Aug 11, 2023
Application Filed
Mar 02, 2026
Non-Final Rejection mailed — §103, §112
Jun 10, 2026
Response Filed
Aug 12, 2026
Final Rejection mailed — §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
29%
Grant Probability
51%
With Interview (+22.1%)
4y 1m (~11m remaining)
Median Time to Grant
Moderate
PTA Risk
Based on 363 resolved cases by this examiner. Grant probability derived from career allowance rate.

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