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 .
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) 1-8 and 11-13 is/are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by Satoh (US 20020004162 A1).
Regarding claim 1, Satoh discloses a battery, comprising (see Figs. 1-11, 14, 19-26, 1-shown in Fig. 11 [0074]-[0076][0144]-[0162]):
a housing (11, see Figs. 1, 11 and 19) internally provided with a receiving chamber (portion which receives 4);
a cell (4) mounted in the receiving chamber (internal portion of 11 [0075]);
a first cover assembly (one of 12 and all elements thereon 9 and 13 [0075]) comprising a first body (12 [0075]) and an electrode connector (91, 92, 55 and 51 [0076][0082] in Fig. 1 and 21/21a/21b/22/23/24/25 in Fig. 19) disposed on, connected to, and insulated (insulated by structure 26/93) from the first body (12), wherein the first body (12 [0075]) is configured to be inserted in the housing (11), and a sidewall of the first body is welded to a sidewall of the housing ([0002]); and
a second cover assembly (other one of 12, see Fig. 11 [0075]), comprising a second body, wherein the second body is configured to be inserted in the housing (11), and a sidewall of the second body is welded to the sidewall of the housing ([0002]);
wherein two ends of the housing are each provided with an opening (see Fig. 11, two ends are covered by 12 and Fig. 1, which shows plug structure of 12 in 11), the opening at one of the two ends is plugged by the first cover assembly, and the opening at another of the two ends is plugged by the second cover assembly; and
wherein the cell is provided with two tabs (see Fig. 19, 48 [0017][0144]-[0162]), one of the two tabs (48) is connected to the electrode connector (91, 92, 55 and 51 in Fig. 1, or connector structure shown in 21/21a/21b/22/23/24/25 in Fig. 19), and another of the two tabs is connected to the second body (see Fig. 19, same connector assembly shown which shows tab, 48 on opposing end of 4).
Regarding claim 2, Satoh discloses all of the claim limitations as set forth above.
In addition, Satoh discloses wherein an electrolyte filling hole extends through the second body and is plugged by a plug (see 13, electrolyte filling hole and plug [0162]).
Regarding claim 3, Satoh discloses all of the claim limitations as set forth above.
In addition, Satoh discloses wherein a first stop (lip portion of 12 which interfaces with 11) is disposed around the sidewall of the first body (12), and a side face of the first stop (lip portion of 12 which interfaces with 11) facing the housing abuts against an end face of the housing (11).
Regarding claim 4, Satoh discloses all of the claim limitations as set forth above.
In addition, Satoh discloses a second stop (lip portion of 12 which interfaces with 11 on bottom 12) is disposed around the sidewall of the second body (12, bottom lid), and a side face of the second stop (lip portion of 12 which interfaces with 11) facing the housing abuts against an end face of the housing (11).
Regarding claims 5 and 11-13, Satoh discloses all of the claim limitations as set forth above.
In addition, Satoh discloses further comprising a first insulator (portion of 93/26 which is on sidewall of opening in 12, see Fig. 1 and similar structure in Fig. 19) and a second insulator (portion of 93/26 which is on bottom surface of 12), wherein the electrode connector (91, 92, 55 and 51 [0076][0082]) comprises a connection portion (91 in Fig. 1 or 21 and/or 23 in Fig. 19) and a first stop portion (92 in Fig. 1 or 22 in Fig. 19), the first stop portion is secured to one end of the connection portion (91 in Fig. 1 or 21 and/or 23 in Fig. 19), a mounting hole extends through the first body (12), the first body has a first side face (bottom face of 12) and a second side face (top face of 12) opposite to each other, the first side face faces (bottom face of 12) an inside of the housing (11), the second side face faces (top face of 12) an outside of the housing (11), the first stop portion (92 in Fig. 1 or 22 in Fig. 19) is disposed on the first side face (bottom face of 12), and an end of the connection portion (91 in Fig. 1 or 21 and/or 23 in Fig. 19) facing away from the first stop portion extends through the mounting hole and to the second side face; and the first insulator (portion of 93/26 which is on sidewall of opening in 12, see Fig. 1 and similar structure in Fig. 19) is disposed between the connection portion (91 in Fig. 1 or 21 and/or 23 in Fig. 19) and a hole wall of the mounting hole, and the second insulator (portion of 93/26 which is on bottom surface of 12) is disposed between the first stop portion (92 in Fig. 1 or 22 in Fig. 19) and the first body (12).
Regarding claim 6, Satoh discloses all of the claim limitations as set forth above.
In addition, Satoh discloses further comprising a third insulator (26 which is on top surface of 12, see Fig. 19), wherein a second stop portion (27 and/or 28 in Fig. 19) is disposed at the end of the connection portion (21 and/or 23 in Fig. 19) facing away from the first stop portion (22 in Fig. 19), the second stop portion (27 and/or 28 in Fig. 19) and the first stop portion (22 in Fig. 19) are disposed on two sides of the first body (12), and the third insulator (26 which is on top surface of 12, see Fig. 19) is disposed between the second stop portion (27 and/or 28 in Fig. 19) and the first body (12).
Regarding claim 7, Satoh discloses all of the claim limitations as set forth above.
In addition, Satoh discloses the same structure and material (formed of resin which is plastic [0152]) as instantly claimed with regards to the first insulator, the second insulator, and the third insulator.
With regards to the claim limitation “integrally injection molded from plastic” is/are considered product-by-process claim limitation. The cited prior art teaches all of the positively recited structure of the claimed apparatus or product. The determination of patentability is based upon the apparatus structure itself. The patentability of a product or apparatus does not depend on its method of production or formation. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (see MPEP § 2113).
Regarding claim 8, Satoh discloses all of the claim limitations as set forth above.
In addition, Satoh discloses wherein the housing (11) is cylindrical and has a height-to-diameter ratio of greater than or equal to 2:1 ([0132]).
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) 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Satoh (US 20020004162 A1) as applied to claims 1-8 and 11-13 above and in further view of Ueda (US 20200313241 A1).
Regarding claims 9 and 10, Satoh discloses all of the claim limitations as set forth above.
However, Satoh does not disclose that the diameter is 3 mm.
Ueda discloses that applications of batteries have been increasing and that batteries with larger sizes which have a high capacity have been widely used, but that recently portable devices have increased demands for high-capacity and/or high-power compact power supplies such as pin-type batteries with diameters ranging between 2 to 3 mm ([0002][0006][0100]).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify miniaturize the size of the battery of Satoh to be withing the size dimensions as disclosed by Ueda because Ueda discloses an increased demand for pin-type batteries due to the increase in small portable device power demands.
It would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVINA PILLAY whose telephone number is (571)270-1180. The examiner can normally be reached Monday-Friday 9:30-6:00.
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DEVINA PILLAY
Primary Examiner
Art Unit 1726
/DEVINA PILLAY/ Primary Examiner, Art Unit 1726