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. KR10-2020-0139612, filed on 10/26/2020.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 and 8-9 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (WO2019117342A1 – foreign copy provided; US20200358047A1 used as English-equivalent – see IDS).
Regarding Claim 1, Kim discloses a secondary battery [pars. 0031-33,0039-40,0048; Figs. 1A-2B] comprising:
an electrode assembly 120;
a case 110 in which the electrode assembly is accommodated; and
a cap assembly 140 which is coupled to the top of the case and comprises a cap-up 141 having opening 141d, a safety vent 143 provided under the cap-up and having a notch 143d to be ruptured at a predetermined pressure or higher, and a cap-down 146 provided under the safety vent and electrically connected to the electrode assembly,
wherein the notch is exposed through the opening.
Regarding Claim 8, Kim discloses wherein a gas vent hole 146b located below the notch is formed in the cap-down [par. 0039; Figs. 2A,B].
Regarding Claim 9, Kim discloses the battery further comprising a gasket 148 positioned between the cap assembly and the case [pars. 0039-40; Figs. 2A-2B].
Claim(s) 1-9 are is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim 2 (US20110008654A1 – see IDS).
Regarding Claim 1, Kim 2 discloses a secondary battery 100 [pars. 0073-78,0082,0085, Figs. 5,15-17] comprising:
an electrode assembly 110;
a case 200 in which the electrode assembly is accommodated; and
a cap assembly 300 which is coupled to the top of the case and comprises a cap-up 310 having opening 312, a safety vent 320 provided under the cap-up and having a notch 324 to be ruptured at a predetermined pressure or higher, and a cap-down 600 provided under the safety vent and electrically connected to the electrode assembly (i.e., via lead 420),
wherein the notch is exposed through the opening.
Regarding Claim 2, Kim 2 discloses wherein the area of the opening includes an inner area positioned inside the notch and an outer area positioned outside the notch based on the line where the notch is formed, and the inner area is larger than the outer area (best seen in Fig. 15).
Regarding Claim 4, Kim 2 discloses wherein the cap-up includes a terminal portion protruding upward [par. 0076; Fig. 5], a coupling portion positioned on an outer periphery of the terminal portion and coupled to the safety vent (i.e., the outermost periphery of the cap-up which is coupled to the safety vent via PTC element 350), and a connection portion connecting the terminal portion and the coupling portion, and the opening is formed in the connecting portion [pars. 0074-76; Figs. 5,15].
Regarding Claim 5, Kim 2 discloses wherein an inner area of the opening is determined by a diameter of the terminal portion and a diameter of the notch [Figs. 5,15].
Regarding Claim 6, Kim 2 discloses wherein an outer area of the opening is determined by a diameter of the notch and a diameter of the connecting portion [Figs. 5,15].
Regarding Claim 7, Kim 2 discloses wherein the diameter of the notch is larger than the diameter of the terminal portion and smaller than the diameter of the connecting portion [Figs. 5,15].
Regarding Claim 8, Kim 2 discloses wherein a gas vent hole 610 located below the notch is formed in the cap-down [pars. Figs. 5,8-9,15].
Regarding Claim 9, Kim 2 discloses the battery further comprising a gasket 400 positioned between the cap assembly and the case [par. 0074; Figs. 5,15].
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) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim2, as applied to claim 2 above.
Regarding Claim 3, Kim 2 discloses wherein the inner area is set to about 55% of the total area of the opening, which is close enough to the claimed range, establishing a prima facie case of obviousness [MPEP 2144.05(I)].
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