DETAILED ACTION
This is the first office action on the merits for 18/291,145, filed 1/22/2024, which is a national stage entry of PCT/KR2022/020260, filed 12/13/2022, which claims priority to Korean application KR10-2021-0177354, filed 12/13/2021.
Claims 1-13 are pending; Claims 1-6 are considered herein.
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 .
Additional Prior Art
The Examiner wishes to apprise the Applicant of the following reference, which is not currently applied in a rejection.
U.S. Patent Application Publication 2006/0204842 A1: This reference teaches a battery cap comprising an insulating gasket 120 (Fig. 2) that comprises PFA or PET (Claim 6).
Election/Restrictions
Applicant's election with traverse of the invention of Group I, claims 1-6 in the reply filed on 8/25/2026 is acknowledged. The traversal is on the ground(s) that there is no undue burden in examination of all groups. This is not found persuasive because examination of all groups would require different fields of search than are required for the examination of Group I (e.g. searching for preparation methods (Group III) and battery details (Group II).
The requirement is still deemed proper and is therefore made FINAL.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-2 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 of U.S. Patent No. 10,818,959. Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1-2 of U.S. Patent No. 10,818,959 teach all of the limitations of instant Claims 1-2.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 and 4 of copending Application No. 18/840,254 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because claims 1 and 4 of copending Application No. 18/840,254 teach all of the limitations of instant Claim 1.
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
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.
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hyung, et al. (U.S. Patent Application Publication 2009/0117459 A1).
In reference to Claim 1, Hyung teaches a cap assembly 130 couplable to an upper side of a battery can configured to accommodate an electrode assembly and an electrolyte therein (Fig. 1C, paragraphs [0051]-[0058]).
The cap assembly comprises a polymer gasket 134 locatable between a portion of the cap assembly and the electrode assembly and corresponding to a region in which the cap assembly and the battery can are coupled (Fig. 1F, paragraph [0056]).
Hyung teaches that the polymer gasket 134 is PET (paragraph [0056]).
The instant specification recognizes PET as a material with a melting point of 250 °C or more (see Claim 2).
Therefore, Hyung teaches that the polymer gasket includes a polymer material having a melting point of 250 °C or more.
This disclosure teaches the limitations of Claim 2, wherein the polymer material includes polyethylene terephthalate (PET).
In reference to Claim 3, Hyung teaches that the region in which the cap assembly and the battery can are coupled is at an outer periphery of the upper side of the cylindrical battery can.
In reference to Claim 4, Hyung teaches that the cap assembly further comprises: a top cap 131b (Fig. 1A, paragraph [0051]); a safety vent 133 contacting the top cap 131b while surrounding an outer periphery of the top cap 131b (Fig. 1A, paragraph [0051]); and a crimping gasket 135 configured to couple the cap assembly 130 to the battery can (Fig. 1E).
In reference to Claim 5, Hyung teaches that the polymer gasket 134 is located at a lower end of the crimping gasket 135 (Fig. 1E).
In reference to Claim 6, Hyung teaches that the polymer gasket 134 includes a groove portion (i.e. the groove portion holding items 131-132-133, Fig. 1E).
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kozuki, et al. (U.S. Patent Application Publication 2006/0275657 A1).
In reference to Claim 1, Kozuki teaches a cap assembly couplable to an upper side of a battery can configured to accommodate an electrode assembly and an electrolyte therein (Fig. 2, paragraphs [0034]-[0035], with the battery can shown in Fig. 1).
The cap assembly comprises a polymer gasket 11 locatable between a portion of the cap assembly (e.g. item 13) and the electrode assembly and corresponding to (i.e. near) a region in which the cap assembly and the battery can are coupled (Figs. 1-2, paragraph [0034]).
Kozuki teaches that the polymer gasket 11 is PFA or PTFE (paragraph [0034]).
The instant specification recognizes PFE and PTFE as materials with a melting point of 250 °C or more (see Claim 2).
Therefore, Kozuki teaches that the polymer gasket includes a polymer material having a melting point of 250 °C or more.
This disclosure teaches the limitations of Claim 2, wherein the polymer material includes perfluoroalkoxy alkane (PFA) or polytetrafluoroethylene (PTFE).
In reference to Claim 3, Kozuki teaches that the region in which the cap assembly and the battery can are coupled is at an outer periphery of the upper side of the cylindrical battery can (Fig. 1).
In reference to Claim 4, Kozuki teaches that the cap assembly further comprises: a top cap 13 (Fig. 2, paragraph [0034]); a safety vent 12 contacting the top cap 13 while surrounding an outer periphery of the top cap 13 (Fig. 2, paragraph [0034]); and a crimping gasket 15 configured to couple the cap assembly 8 to the battery can (Fig. 1, paragraph [0027]).
In reference to Claim 5, Kozuki teaches that the polymer gasket 11 is located at (i.e. near) a lower end of the crimping gasket 15 (Fig. 2).
In reference to Claim 6, Kozuki teaches that the polymer gasket 11 includes a groove portion (i.e. the groove portion holding items 12-13, Fig. 2).
Claims 1-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Park, et al. (U.S. Patent Application Publication 2018/0123163 A1).
In reference to Claim 1, Park teaches a cap assembly couplable to an upper side of a battery can configured to accommodate an electrode assembly and an electrolyte therein (Fig. 3A-B, paragraphs [0066]-[0094], with the battery can shown in Fig. 1).
The cap assembly comprises a polymer gasket 137 locatable between a portion of the cap assembly (e.g. item 131) and the electrode assembly and corresponding to (i.e. near) a region in which the cap assembly and the battery can are coupled (Figs. 1 and 3, paragraphs [0076] and [0082]).
Park teaches that the polymer gasket 137 includes a polymer material having a melting point of 250 °C or more (paragraph [0082]).
In reference to Claim 2, Park teaches that the polymer material includes PFA or polytetrafluoroethylene (paragraphs [0083]-[0084]).
In reference to Claim 3, Park teaches that the region in which the cap assembly and the battery can are coupled is at an outer periphery of the upper side of the cylindrical battery can (Fig. 1).
In reference to Claim 4, Park teaches that the cap assembly further comprises: a top cap 131 (Fig. 3, paragraph [0069]); a safety vent 133 contacting the top cap 131 while surrounding an outer periphery of the top cap 131 (Fig. 3, paragraph [0070]); and a crimping gasket 139 configured to couple the cap assembly to the battery can (Figs. 1 and 3, paragraph [0094]).
In reference to Claim 5, Park teaches that the polymer gasket 137 is located at (i.e. near) a lower end of the crimping gasket 139 (Fig. 3).
In reference to Claim 6, Park teaches that the polymer gasket 137 includes a groove portion (i.e. the groove portion holding item 135, Fig. 3B).
Conclusion
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/SADIE WHITE/Primary Examiner, Art Unit 1721
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