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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the riveting body 601 being formed on the sealing ring 700 must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 5 recites the limitations “wherein a stepped surface is formed on the insulator,” “the stepped surface is the first restricting portion,” “a pressure is applied to the terminal, so that the sealing ring is bent at a top of the ring wall in a compressed state to form a riveting body,” and “the riveting body is the second restricting portion.” Claim 5 is dependent on claim 3, which recites the limitations “the sealing ring is located between the terminal fixing portion of the terminal and an inner bottom surface of the terminal fixing cavity;” and “a first restricting portion on the ring wall is in fit with a second restricting portion on the insulator.” It is unclear how the sealing ring can be bent at a top of the ring wall to form a riveting body when it is in the location recited in claim 3, and when the first and second restricting portions are on the ring wall and the insulator, respectively. Figs. 2, 11, and 12 show the riveting body 601 as formed from the ring wall 412 rather than the sealing ring 700. Claim 6 is similarly rejected because it is dependent on claim 5.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Knoedler et al. (US 4508797 A).
Regarding claim 1, Knoedler et al. teaches a battery top cover assembly (Fig. 1), comprising
a top cover plate (p. 4 col. 3 line 22 and Fig. 1, top wall 14) and a conductive terminal structure (p. 4 col. 3 lines 65-66 and Figs. 1 and 2, pass-through seal 22),
the conductive terminal structure being fitted in a terminal mounting position on the top cover plate (Fig. 2, pass-through seal 22 fitted on top wall 14);
wherein the terminal mounting position comprises a connecting hole (p. 4 col. 4 line 16 and Fig. 12, opening 48),
the connecting hole is provided on the top cover plate in a penetrating manner (p. 4 col. 4 line 16 and Fig. 2, opening 48 penetrates top wall 14),
connectors arranged continuously or at intervals are formed on a bottom surface of the conductive terminal structure (p. 4 col. 4 lines 12-15 and Fig. 2, axial stem 47 formed on lateral step 46), and
the connectors are formed by extending the bottom surface of the conductive terminal structure downwards (p. 4 col. 4 lines 12-15 and Fig. 2, axial stem 47 formed by extending lateral step 46 downwards); and
the connectors are fitted in the connecting hole (p. 4 col. 4 lines 15-16 and Fig. 2, axial stem 47 fits within opening 48), and
outer peripheral walls of the connectors are in contact with and welded with an inner peripheral wall of the connecting hole, so that the conductive terminal structure is fixedly connected to the top cover plate (p. 4 col. 4 lines 17-19 and Fig. 2, weld bead 49 that defines a unitary structure).
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.
Claims 1 and 2 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2019/0280257 A1) in view of Knoedler et al. (US 4508797 A).
Regarding claim 1, Chen et al. teaches a battery top cover assembly (paragraph 0051 and
Fig. 1, top cap assembly 100), comprising
a top cover plate (paragraph 0054 and Fig. 1, top cap plate 10) and a conductive terminal structure (paragraph 0054 and Fig. 1, terminal assembly 20), and
the conductive terminal structure being fitted in a terminal mounting position on the top cover plate (paragraph 0091 and Fig. 12, portion E);
wherein the terminal mounting position comprises a connecting hole (see Chen et al. Annotated Fig. 13 below, connecting hole),
the connecting hole is provided on the top cover plate in a penetrating manner (see Chen et al. Annotated Fig. 13 below, connecting hole penetrating top cap plate 10).
Chen et al. teaches connectors arranged continuously (paragraph 0093 and see Chen et al. Annotated Fig. 13 below, first connection portion 232), but does not teach that the connectors are formed on a bottom surface of the conductive terminal structure, and the connectors are formed by extending the bottom surface of the conductive terminal structure downwards; and the connectors are fitted in the connecting hole, and outer peripheral walls of the connectors are in contact with and welded with an inner peripheral wall of the connecting hole, so that the conductive terminal structure is fixedly connected to the top cover plate.
Knoedler et al. teaches that connectors arranged continuously or at intervals are formed on a bottom surface of the conductive terminal structure (p. 4 col. 4 lines 12-15 and Fig. 2, axial stem 47 formed on lateral step 46), and the connectors are formed by extending the bottom surface of the conductive terminal structure downwards (p. 4 col. 4 lines 12-15 and Fig. 2, axial stem 47 formed by extending lateral step 46 downwards); and the connectors are fitted in the connecting hole, and outer peripheral walls of the connectors are in contact with and welded with an inner peripheral wall of the connecting hole, so that the conductive terminal structure is fixedly connected to the top cover plate (p. 4 col. 4 lines 17-19 and Fig. 2, weld bead 49 that defines a unitary structure).
Chen et al. and Knoedler et al. are both considered to be analogous to the claimed invention because they are in the same field of battery top cover structures. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery top cover assembly of Chen et al. to incorporate the teachings of Knoedler et al. so that connectors arranged continuously or at intervals are formed on a bottom surface of the conductive terminal structure, and the connectors are formed by extending the bottom surface of the conductive terminal structure downwards; and the connectors are fitted in the connecting hole, and outer peripheral walls of the connectors are in contact with and welded with an inner peripheral wall of the connecting hole, so that the conductive terminal structure is fixedly connected to the top cover plate, and the combination would have yielded the predictable result of securing the conductive terminal structure and the top cover plate. See MPEP § 2143(I)(A).
Chen et al. Annotated Fig. 13
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Regarding claim 2, modified Chen teaches the battery top cover assembly of claim 1, and Chen et al. further teaches:
wherein a positioning groove is formed by recessing a portion of the top cover plate located at the terminal mounting position (see Chen et al. Annotated Fig. 13 above, positioning groove that is first sink portion 12),
the connecting hole is arranged on a bottom surface of the positioning groove in a penetrating manner (see Chen et al. Annotated Fig. 13 above, connecting hole is arranged on bottom surface of positioning groove in a penetrating manner),
a bottom of the conductive terminal structure is placed in the positioning groove (see Chen et al. Annotated Fig. 13 above, bottom of terminal assembly 20 is placed in positioning groove),
an inner peripheral wall of the positioning groove is arranged in contact with an outer peripheral wall of the conductive terminal structure (see Chen et al. Annotated Fig. 13 above, inner peripheral wall of positioning groove is arranged in contact with an outer peripheral wall of terminal assembly 20), and
the bottom surface of the conductive terminal structure is arranged in contact with the bottom surface of the positioning groove (see Chen et al. Annotated Fig. 13 above, bottom surface of terminal assembly 20 is arranged in contact with bottom surface of positioning groove).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2019/0280257 A1) in view of Knoedler et al. (US 4508797 A) as applied to claim 2 above, and further in view of Deng et al. (US 2014/0106209 A1).
Regarding claim 3, modified Chen teaches the battery top cover assembly of claim 2, and Chen et al. further teaches:
wherein the conductive terminal structure comprises a terminal fixture (Chen et al. Fig 13, second fixing component 23), a terminal (Chen et al. Fig 13, terminal plate 21), a sealing ring (Chen et al. Fig 13, seal component 24), and an insulator (Chen et al. Fig 13, first fixing component 22);
the terminal fixture comprises a ring bottom (Chen et al. Fig 13, first connection portion 232) and a ring wall (Chen et al. Fig 13, transition portion 231) formed on a top surface of the ring bottom;
a terminal fixing cavity in communication with a positioning hole on the ring bottom is formed between the top surface of the ring bottom and the ring wall (see Chen et al. Annotated Fig. 13 above, terminal fixing cavity and positioning hole),
the terminal and the sealing ring are placed in the terminal fixing cavity (see Chen et al. Annotated Fig. 13 above, terminal plate 21 and seal component 24 placed in terminal fixing cavity),
a terminal fixing portion of the terminal (see Chen et al. Annotated Fig. 13 above, terminal fixing portion);
the sealing ring is located between the terminal fixing portion of the terminal and an inner bottom surface of the terminal fixing cavity (see Chen et al. Annotated Fig. 13 above, seal component 24 between terminal fixing portion and inner bottom surface of terminal fixing cavity);
the insulator is arranged to at least partially cover the terminal (Chen et al. paragraph 0037, first fixing component 22 is an insulator that partially covers terminal plate 21), and
the insulator is at least partially located between an outer peripheral wall of a terminal portion of the terminal and an inner peripheral wall of the ring wall (see Chen et al. Annotated Fig. 13 above, first fixing component 22 located between terminal portion and transition portion 231); and
the insulator and the terminal fixing portion of the terminal are arranged in concave-convex fit (see Chen et al. Annotated Fig. 13 above, first fixing component 22 and terminal fixing portion in concave-convex fit),
the terminal fixture and the 12 insulator are arranged in concave-convex fit (see Chen et al. Annotated Fig. 13 above, second fixing component 23 and first fixing component 22 are arranged in concave-convex fit), and
a first restricting portion on the ring wall is in fit with a second restricting portion on the insulator (see Chen et al. Annotated Fig. 13 above, first restricting portion and second connection portion 233),
so that the insulator, the sealing ring and the terminal are all fixedly connected in the terminal fixing cavity (see Chen et al. Annotated Fig. 13 above, first fixing component 22, seal component 24, and terminal plate 21 are all fixedly connected in terminal fixing cavity), and
a top surface of the terminal portion of the terminal is exposed to the outside (see Chen et al. Annotated Fig. 13 above, top surface of terminal portion).
The previous modification of Chen et al. with Knoedler et al. teaches that the connectors are formed on a bottom surface of the ring bottom (Knoedler et al. p. 4 col. 4 lines 12-15 and Fig. 2, axial stem 47 formed on lateral step 46).
Chen et al. does not teach that the terminal fixing portion of the terminal is positioned in an inner hole of the sealing ring and an outer peripheral wall of the terminal fixing portion of the terminal is arranged in contact with an inner peripheral wall of the sealing ring.
Deng et al. teaches a terminal fixing portion of the terminal is positioned in an inner hole of the sealing ring and an outer peripheral wall of the terminal fixing portion of the terminal arranged in contact with an inner peripheral wall of the sealing ring (see Deng et al. Annotated Fig. 4 below).
Deng et al. is considered to be analogous to the claimed invention because it is in the same field
of battery top cover structures. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have combined the battery top cover assembly as taught by modified Chen with the teachings of Deng et al. using known methods so that a terminal fixing portion of the terminal is positioned in an inner hole of the sealing ring and an outer peripheral wall of the terminal fixing portion of the terminal arranged in contact with an inner peripheral wall of the sealing ring, and the combination would have yielded the predictable result of providing good sealing between the terminal and sealing ring. See MPEP § 2143(I)(A).
Deng et al. Annotated Fig. 4
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Claims 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2019/0280257 A1) in view of Knoedler et al. (US 4508797 A), further in view of Deng et al. (US 2014/0106209 A1) as applied to claim 3 above, and further in view of Yang et al. (WO 2020063584 A1, machine translation relied upon herein).
Regarding claim 4, modified Chen teaches the battery top cover assembly of claim 3, and Chen et al. further teaches:
wherein a concave cavity is formed on an inner wall of the insulator (see Chen et al. Annotated Fig. 13 above, concave cavity),
convex portions arranged continuously or at intervals are formed on the terminal fixing portion of the terminal along a circumference of the outer peripheral wall of the terminal fixing portion (see Chen et al. Annotated Fig. 13 above, first flange 211 formed on terminal portion),
the convex portions are embedded in the concave cavity (see Chen et al. Annotated Fig. 13 above, first flange 211 embedded in concave cavity).
Chen et al. does not teach that positioning convexes are formed on an inner wall of the concave cavity, positioning concaves are formed on the convex portions, and the positioning convexes are correspondingly embedded in the positioning concaves.
Yang et al. teaches that positioning convexes are formed on an inner wall of the concave cavity (see Yang et al. Annotated Fig. 3 below, positioning convexes formed on upper insulating member 17), positioning concaves are formed on the convex portions (see Yang et al. Annotated Fig. 3 below, positioning concaves formed on electrode terminals 151 and 152), and the positioning convexes are correspondingly embedded in the positioning concaves (Yang et al. Fig. 1).
Yang et al. is considered to be analogous to the claimed invention because it is in the same field of battery top cover structures. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have combined the battery top cover assembly as taught by modified Chen with the teachings of Yang et al. using known methods so that positioning convexes are formed on an inner wall of the concave cavity, positioning concaves are formed on the convex portions, and the positioning convexes are correspondingly embedded in the positioning concaves, and the combination would have yielded the predictable result of securing the insulator and terminal together. See MPEP § 2143(I)(A).
Yang et al. Annotated Fig. 3
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Regarding claim 5, modified Chen teaches the battery top cover assembly of claim 4, and Chen et al. further teaches:
wherein a stepped surface is formed on the insulator (see Chen et al. Annotated Fig. 13 above, stepped surface),
the stepped surface is the first restricting portion (see Chen et al. Annotated Fig. 13 above),
the insulator is formed by performing injection molding and encapsulation treatment on the terminal (paragraph 0062, first fixing component 22 made by integral injection molding);
a riveting body (see Chen et al. Annotated Fig. 13 above, second connecting portion 233), and
the riveting body is pressed on the stepped surface of the insulator (see Chen et al. Annotated Fig. 13 above),
so that the terminal and the sealing ring are fixedly connected in the terminal fixing cavity of the terminal fixture (see Chen et al. Annotated Fig. 13 above, terminal plate 21 and seal component 24 are fixedly connected in the terminal fixing cavity); and
the riveting body is the second restricting portion (see Chen et al. Annotated Fig. 13 above, second connection portion 233), and
an outer peripheral wall of the terminal fixture is arranged in contact with the inner peripheral wall of the positioning groove (see Chen et al. Annotated Fig. 13 above, second fixing component 23 and positioning groove).
Regarding claim 6, modified Chen teaches the battery top cover assembly of claim 5, and Chen et al. further teaches:
wherein a plurality of protrusions are formed on an inner wall of the terminal fixing cavity (see Chen et al. Annotated Fig. 13 above, recesses),
a plurality of recesses are formed on an outer wall of the insulator (see Chen et al. Annotated Fig. 13 above, protrusions), and
the protrusions are correspondingly embedded in the recesses (see Chen et al. Annotated Fig. 13 above).
Claims 7-8 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2019/0280257 A1) in view of Knoedler et al. (US 4508797 A), further in view of Deng et al. (US 2014/0106209 A1), further in view of Yang et al. (WO 2020063584 A1) as applied to claim 4 above, and further in view of Ming (CN 110993839 A, machine translation relied upon herein).
Regarding claim 7, modified Chen teaches the battery top cover assembly of claim 4, and Chen et al. further teaches:
wherein the sealing ring comprises a sealing ring sheet and a sealing ring body formed on a bottom surface of the sealing ring sheet (see Chen et al. Annotated Fig. 14 below, seal component 24 comprising sealing ring sheet and sealing ring body),
an outer wall of the sealing ring body is in contact with an inner wall of the positioning hole on the ring bottom (see Chen et al. Annotated Fig. 14 below, sealing ring body and positioning hole),
the sealing ring sheet is in a compressed state (paragraph 0051, seal component between third flange 17 and terminal plate 21 may be compressed).
Chen et al. does not teach that the sealing ring sheet is located between the convex portions and the ring bottom, a convex ring is formed on the top surface of the ring bottom, a ring groove is formed on the bottom surface of the sealing ring sheet, and the convex ring is embedded in the ring groove; and the terminal fixing portion of the terminal is positioned in an inner hole of the sealing ring sheet, and the outer peripheral wall of the terminal fixing portion of the terminal is arranged in contact with an inner hole wall of the sealing ring sheet, so that the terminal fixing portion of the terminal and the ring bottom 13 are sealed.
Ming teaches that the sealing ring sheet is located between the convex portions and the ring
bottom (see Ming Annotated Fig. 4 below, sealing ring sheet located between convex portions and
support ring 3), a convex ring is formed on the top surface of the ring bottom (see Ming Annotated Fig. 4
below, convex ring), a ring groove is formed on the bottom surface of the sealing ring sheet (see Ming Annotated Fig. 4 below, ring groove), and the convex ring is embedded in the ring groove (see Ming
Annotated Fig. 4 below).
Ming is considered to be analogous to the claimed invention because it is in the same field of battery top cover structures. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the battery top cover assembly as taught by modified Chen to incorporate the teachings of Ming so that the sealing ring sheet is located between the convex portions and the ring bottom, a convex ring is formed on the top surface of the ring bottom, a ring groove is formed on the bottom surface of the sealing ring sheet, and the convex ring is embedded in the ring groove; and the terminal fixing portion of the terminal is positioned in an inner hole of the sealing ring sheet. Doing so would allow the various components of the battery top cover assembly to be firmly
assembled together (Ming paragraph 0042).
The combination of modified Chen in view of Ming does not teach that the outer peripheral wall
of the terminal fixing portion of the terminal is arranged in contact with an inner hole wall of the sealing
ring sheet, so that the terminal fixing portion of the terminal and the ring bottom are sealed.
Deng et al. teaches that the terminal fixing portion of the terminal is positioned in an inner hole of
the sealing ring sheet (see Deng et al. Annotated Fig. 4 above, terminal fixing portion and sealing ring sheet), and the outer peripheral wall of the terminal fixing portion of the terminal is arranged in contact
with an inner hole wall of the sealing ring sheet, so that the terminal fixing portion of the terminal and the
ring bottom are sealed (see Deng et al. Annotated Fig. 4 above, terminal fixing portion and sealing ring
sheet).
It would have been obvious to someone of ordinary skill in the art before the effective filing date
of the claimed invention to have combined the battery top cover assembly as taught modified Chen
in view of Ming with the teachings of Deng et al. using known methods so that the terminal fixing portion
of the terminal is positioned in an inner hole of the sealing ring sheet, and the outer peripheral wall of the
terminal fixing portion of the terminal is arranged in contact with an inner hole wall of the sealing ring
sheet, so that the terminal fixing portion of the terminal and the ring bottom are sealed, and the combination would have yielded the predictable result of providing good sealing between the terminal
and sealing ring. See MPEP § 2143(I)(A).
Chen et al. Annotated Fig. 14
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Ming Annotated Fig. 4
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Regarding claim 8, modified Chen teaches the battery top cover assembly of claim 7, and Chen et al. further teaches:
the battery top cover assembly further comprising a lower plastic part (paragraph 0035 and Fig. 1, lower insulation component 40 that may be made of a plastic material),
wherein the lower plastic part is fixed on a bottom surface of the top cover plate (Fig. 13), and
the top cover plate is provided with an electrolyte injection port (Fig. 1, injection hole 15) and an explosion-proof valve (paragraph 0032 and Fig. 1, vent assembly 16 that may be provided with an explosion-proof sheet);
a through hole positionally corresponding to the positioning hole on the ring bottom, an electrolyte injection hole positionally corresponding to the electrolyte injection port and a vent hole positionally corresponding to the explosion-proof valve are formed on the lower plastic part (see Chen et al. Annotated Fig. 1 below, through hole, electrolyte injection hole, and vent hole); and
an annular convex is formed by extending an upper port edge of the through hole upwards (see Chen et al. Annotated Fig. 1 below, annular convex), and
the annular convex is placed in the positioning hole on the ring bottom (see Chen et al. Annotated Fig. 13 above, annular convex and positioning hole).
Chen et al. Annotated Fig. 1
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Claims 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. (US 2019/0280257 A1) in view of Knoedler et al. (US 4508797 A), further in view of Deng et al. (US 2014/0106209 A1), further in view of Yang et al. (WO 2020063584 A1), further in view of Ming (CN 110993839 A) as applied to claim 8 above, and further in view of Zeng et al. (CN 216120513 U, machine translation relied upon herein) and Wang et al. (CN 210778796 U, machine translation relied upon herein).
Regarding claim 9, modified Chen teaches the battery top cover assembly of claim 8, and Chen et al. further teaches:
a pressure is applied to the terminal, so that the insulator is injection molded when the sealing ring is in the compressed state (paragraph 0062, first fixing component 22 made by integral injection molding);
the insulator comprises a terminal covering portion and a ring wall covering portion (see Chen et al. Annotated Fig. 14 above, first fixing component 22 comprising terminal covering portion and ring wall covering portion),
the terminal covering portion is located between the terminal and the inner peripheral wall of the ring wall (see Chen et al. Annotated Fig. 14 above, terminal covering portion located between terminal plate 21 and transition portion 231), and
the ring wall covering portion covers an outer side wall of the ring wall (see Chen et al. Annotated Fig. 14 above, ring wall covering portion covers an outer side wall of transition portion 231),
the terminal covering portion, the ring wall covering portion and the limiting portions are combined to form an integral insulator.
Chen et al. does not teach wherein a plurality of limiting grooves are formed on the ring wall; the insulator further comprising limiting portions fitted in the limiting grooves; an outer peripheral wall of the ring wall covering portion is arranged in contact with the inner peripheral wall of the positioning groove, the limiting portions are formed on an outer wall of the terminal covering portion or an inner wall of the ring wall covering portion, or the limiting portions penetrate through the limiting grooves and are then connected to the terminal covering portion and the ring wall covering portion respectively, and the terminal covering portion, the ring wall covering portion, and the limiting portions are combined to form
an integral insulator.
Zeng et al. teaches that an outer peripheral wall of the ring wall covering portion is arranged in contact with the inner peripheral wall of the positioning groove (see Zeng et al. Annotated Fig. 7 below, positioning groove and ring wall covering portion).
Zeng et al. is considered to be analogous to the claimed invention because it is in the same field of battery top cover structures. It would have been obvious to someone of ordinary skill in the art before
the effective filing date of the claimed invention to have combined the battery top cover assembly
as taught by modified Chen to with the teachings of Zeng et al. using known methods so that an outer peripheral wall of the ring wall covering portion is arranged in contact with the inner peripheral wall of the positioning groove, and the combination would have yielded the predictable result of securing the insulator and top cover structure together. See MPEP § 2143(I)(A).
The combination of modified Chen in view of Zeng et al. does not teach wherein a plurality of limiting grooves are formed on the ring wall; the insulator further comprising limiting portions fitted in the limiting grooves; the limiting portions are formed on an outer wall of the terminal covering portion or an inner wall of the ring wall covering portion, or the limiting portions penetrate through the limiting grooves and are then connected to the terminal covering portion and the ring wall covering portion respectively, and the terminal covering portion, the ring wall covering portion, and the limiting portions are combined to form an integral insulator.
Wang et al. teaches wherein a plurality of limiting grooves are formed on the ring wall (paragraphs 0077 and 0080, gaps between multiple support claws 320 and vertical ring 220 filled with injection molded part 400, which is whole with fixed disc 200); the insulator further comprising limiting portions fitted in the limiting grooves (paragraph 0066 and Fig. 7, multiple support claws 320); the limiting portions are formed on an inner wall of the ring wall covering portion (Fig. 4), and the terminal covering portion, the ring wall covering portion, and the limiting portions are combined to form an integral insulator (paragraph 0078 and Fig. 4, injection molded part 400 and insulator 300 including support claws 320 form a whole).
Wang et al. is considered to be analogous to the claimed invention because it is in the same field of battery top cover structures. It would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified the battery top cover assembly as taught by modified Chen to incorporate the teachings of Wang et al. so that a plurality of limiting grooves are formed on the ring wall; the insulator further comprising limiting portions fitted in the limiting grooves; the limiting portions are formed on an inner wall of the ring wall covering portion, and the terminal covering portion, the ring wall covering portion, and the limiting portions are combined to form an integral insulator. Doing so would result in a ring wall and insulator with good bonding strength, torsional resistance, and anti-movement performance (Wang et al. paragraph 0078).
Zeng et al. Annotated Fig. 7
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Regarding claim 10, modified Chen teaches the battery top cover assembly of claim 9, and Chen et al. further teaches:
wherein flanges arranged continuously or at intervals are formed on an outer peripheral wall of the ring wall (see Chen et al. Annotated Fig. 14 above, flange), and
the flanges are the first restricting portion (see Chen et al. Annotated Fig. 14 above);
depressions arranged continuously or at intervals are formed on an inner side wall of the ring wall covering portion (see Chen et al. Annotated Fig. 14 above, depression), and
the depressions are the second restricting portion (see Chen et al. Annotated Fig. 14 above); and
the flanges are embedded in the depressions (see Chen et al. Annotated Fig. 14 above).
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.
Claim 1 is provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of copending Application No. US 2024/0128560 A1 (reference application). Although the claims at issue are not identical, they are not patentably distinct from each other because instant application claim 1 is anticipated by reference application claim 1.
Reference application claim 1 recites a power battery top cover structure comprising “a top cover plate and a conductive terminal structure,” “an assembly hole,” and “connecting portions,” which anticipate instant application claim 1’s battery top cover assembly with “a top cover plate and a conductive terminal structure,” “a connecting hole,” and “connectors,” respectively. The limitations of reference application claim 1 anticipate the limitations of instant application claim 1, and reference application claim 1 recites more limitations that are not found in instant application claim 1. Therefore, reference application claim 1 is in essence a “species” of the generic invention of instant application claim 1. It has been held that a generic invention is “anticipated” by a “species” within the scope of the generic invention. See In re Goodman, 29 USPQ2d 2010 (Fed. Cir. 1993).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not in fact been patented.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jackie Liang whose telephone number is (571)-272-0880. The examiner can normally be reached M-F 8:30AM - 4:30PM.
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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.
/J.L./Examiner, Art Unit 1726
/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 20 February 2026