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 .
Remarks
Claims 1-16 are as previously presented. Claims 17-20 are newly added. Claims 1-20 are currently examined.
Status of Objections and Rejections
The rejection as set forth within the previous office action is maintained and newly added rejection are added for newly added claims.
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.
Claim 20 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention. The examiner could not find support from claim 20 within the instant nor does the figures support claim 20.
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.
Claims 1-9, 11-14 and 17-18 are rejected under 35 U.S.C. 102(a)(1) and/or (a)(2) as being anticipated by Kim (US 2013/0202923).
As to claim 1, Kim discloses a current collector (figures 2 and 3 #131, [0039], discussed throughout) comprising: a body part having conductivity (figures 2 and 3 #131 a or c, [0039], [0018], [0019] and [0054], discussed throughout); a terminal coupling part (figures 2 and 3 #131c or a, [0039], discussed throughout) configured to be coupled to an electrode terminal (figure 2 #114, [0042], discussed throughout); and a fuse part configured to connect the body part and the terminal coupling part (figures 2 and 3 #131c, [0052], discussed throughout; see figure annotated figure below), wherein the fuse part comprises: at least one notch provided on one surface of the fuse part (figures 3A and 3B, the fuse part is #131c, with a little portion of the #131a and #131b, thus the top and/or bottom wherein #132 is located reads on notch); and an insulation portion provided on at least one surface of the fuse part (figures 2 and 3 #132, [0052], discussed throughout).
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NOTE: figure added for newly added claims the rejection within the previous office action has not changed.
As to claim 2, Kim discloses wherein, the insulation portion is provided on a first surface opposite to a second surface of the fuse part in which the notch is provided (figures 2 and 3, #132 and #131, one side is the notch the other side will be a groove and the insulation #132 is provided on both sides thus it is also provided on the required side; discussed throughout).
As to claim 3, Kim discloses wherein, the insulation portion is an insulation tape (figure 2 and 3 #132, the insulation material is a narrow strip of material and it is fastened to the fuse, thus reading on the limitation of tape and is an insulation material, [0053], thus the instant claimed limitation is meet).
As to claim 4, Kim discloses wherein, the insulation portion is an insulation layer (figures 2 and 3 #132, [0052] and [0053], discussed throughout).
As to claim 5, Kim discloses wherein, the insulation layer is provided in a groove provided in at least one surface of the fuse part (figures 2-3 #131c and #132, [0052], discussed throughout).
As to claim 6, Kim discloses wherein, the groove is provided in a first surface opposite to a second surface of the fuse part in which the notch is provided (figures 2 and 3, one side is a groove and the other side can be the notch, discussed throughout).
As to claim 7, Kim discloses wherein, the groove is provided at a position corresponding to the notch (figures 2 and 3, one side is a groove and the other side can be the notch, discussed throughout).
As to claim 8, Kim discloses wherein, the insulation layer is made of adhesive polymer ([0053], discussed throughout).
As to claim 9, Kim discloses wherein, the adhesive polymer includes one or more materials selected from a group consisting of polyimide (PI), polyethylene (PE), polypropylene (PP), polybutylene terephthalate (PBT), and perfluoroalkoxy alkane (PFA) ([0053], discussed throughout).
As to claim 11, Kim discloses a jelly roll (figure 2 #11, [0038], [0035], discussed throughout) comprising: an electrode assembly (figure 2 #110, [0035] and [0035], discussed throughout) having a structure made by winding a stack of a positive electrode, a separator, and a negative electrode (figure 2 #111, #112 and #113, [0041], [0042], [0034], discussed throughout); and the current collector according to claim 1 provided on at least one end of the electrode assembly (figure 2 #131, [0039], discussed throughout).
As to claim 12, Kim discloses wherein, the insulation portion is provided on a surface of the current collector that faces the electrode assembly (figure 2 and 3 #132, [0053], discussed throughout).
As to claim 13, Kim discloses wherein, the notch is provided in a region of one surface of the fuse part overlying an area between a periphery of a mandrel part of the electrode assembly to an outer peripheral portion of the electrode assembly (figures 2 and 3, the notch is the location of #132, it is above the electrode assembly and within the space of the electrode assembly, discussed throughout).
As to claim 14, Kim discloses a secondary battery comprising the jelly roll according to claim 11 (figure 2 #100, [0038], discussed throughout).
As to claim 17, Kim discloses wherein the fuse part is a single fuse part extending radially inward from the body part to the terminal coupling part (figures 3A and Figure 3B, also see annotated figure above, yields the instant claimed structure).
As to claim 18, Kim discloses wherein the fuse part has a first end connected to the terminal coupling part and a second end connected to the body part (figures 3A, figures 3B and annotated figure above), and wherein the at least one notch is spaced from the first end and the second end (figures 3A, figures 3B and annotated figure above).
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 10 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2013/0202923) as applied to claim 9 above, and further in view of Yoon (US 2018/0198108).
As to claim 10, Kim is silent to wherein, the polypropylene (PP) contains polypropylene maleic anhydride (PP-MAH) capable of being bonded by applied heat. However, Kim discloses wherein the insulation member may be polybutylene terephthatate ([0053]). Yoon discloses a cap assembly for a secondary battery ([0006]) wherein a thermoplastic player resin is used that can be polybutylene terephthatate or polypropylene maleic anhydride ([0038]). It would have been obvious to one of ordinary skill within the art to use polypropylene maleic anhydride from Yoon within Kim as a mere simple substitutions of one known element for another to obtain predictable results (see MPEP 2144.06 and 2143 I). Furthermore, the same materials would have the same properties, i.e. capable of being bonded by applied heat.
Claims 15 and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2013/0202923) as applied to claim 14 above, and further in view of Kwang (US 2021/0167342).
As to claims 15 and 16, Kim is silent to a vehicle comprising a battery pack of the battery according to claim 14. Kwang disclose a cylindrical battery used in a battery pack (figure 1, [0061], discussed throughout) wherein the battery pack is used within a vehicle ([0091], [0100], [0105]). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the battery of Kim within a battery pack used within a vehicle as Kwang as a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2143 I).
Claim 19 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2013/0202923) as applied to claim 1 above, and further in view Yoon (US 2018/0198108).
As to claim 19, Kim discloses wherein the body part comprises a ring (figures 3A, 3B and annotated figure above). Kim is silent tow wherein an opening extending in an axial direction is formed inside the ring. Yoon discloses battery (figure 1, [0018], discussed throughout), with a current interrupting device (figure 4, discussed throughout) wherein holes are placed within the device (figure 4 #216a-c and 218a-c). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the holes from Yoon within Kim as the holes increase the amount of gas discharge ([0088]-[0090]) and as a mere combing prior art elements according to known methods to achieve predictable result (see MPEP 2143).
Claim 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2013/0202923) as applied to claim 1 above.
As to claim 20, Kim is silent to wherein a width of the insulating portion in a circumferential direction is equal to a width of the fuse part in the circumferential direction. However, Kim figure 5A shows the use of step portion within the fuse part. It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to incorporate the step parts from figure 5A into figures 3A and 3B and having those portions being the sides as a mere change in shape baring any criticality or unexpected results (see MPEP 2144.04). Thus reading on the instant claimed invention.
Response to Arguments
Applicant's arguments filed 6/30/2026 have been fully considered but they are not persuasive.
The applicant argues that because Kim does not specifically lab the portion of the fuse part that the examiner is using for the rejection that the examiner cannot use the portion for the rejection. The examiner respectfully disagrees. For example a cylinder can have a top, bottom and center without having the portions specifically named. Given that Kim discloses the claimed structure the examiner maintains the rejection. See annotated figure below for further clarification which has been added to expedite prosecutions.
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Conclusion
THIS ACTION IS MADE FINAL. 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R OHARA whose telephone number is (571)272-0728. The examiner can normally be reached 7:30 AM-3:30 PM EST M-F.
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, Miriam Stagg can be reached at 571-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/BRIAN R OHARA/Examiner, Art Unit 1724
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