DETAILED ACTION
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.
Claims 5-9 and 13 are 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. Claims 5, 9, and 13 recite the limitation "the connection area". There is insufficient antecedent basis for this limitation in the claim. It is uncertain to which connection area, either first or second or third, “the connection area” refers to. For the purposes of examination, the respective connection areas with respect to the long side and short side will be viewed with respect to Applicant’s figures.
Claim Rejections - 35 USC § 102
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 and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Lee (US 2004/0258989).
Regarding claims 1 and 16, Lee discloses a secondary battery having a safety valve comprising:
container 10 (case) with an opening 12;
electrode assembly 20 accommodated within the case; and
cap plate 32 (end cover) closing the opening;
wherein the end cover is in sealed connection with the case through low sealing part (LSP, a first connection area) and a high sealing part (HSP, a second connection area), the strength of the first connection area is less than the strength of the second connection area, and the first connection area is configured to be actuated to release an internal pressure of the battery cell when the internal pressure exceeds a threshold (para 0044, Figs. 1 and 2).
Partial Figures 1 and 2 to Lee provided below.
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Regarding claims 14 and 15, Lee discloses a plurality of first connection areas including at least two first connection areas oppositely opposed.
Claims 1-5, 7-9, and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Endo (JP 2001-155698).
Regarding claims 1 and 16, Endo discloses an encapsulated battery comprising:
battery can 1 (case);
electrode assembly inside the battery can; and
lid 2 (end cover);
wherein the end cover is in sealed connection with the case through an easy cleavage portion 8 (first connection area) and a complete sealing portion 7 (second connection area), the strength of the first connection area is less than the strength of the second connection area, and the first connection area is configured to be actuated to release an internal pressure of the battery cell when the internal pressure exceeds a threshold (para 0001, Fig. 4a).
Figure 4 to Endo is provided below.
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Regarding claims 2 and 3, Endo discloses welding a lid body to a battery (para 0001) and the penetration region 5 is formed to a depth d1 of approximately half of the plate thickness t of the lid body 2 (Fig. 4B).
Regarding claim 4, Endo discloses a depth penetration of 0.2 mm and 0.4 mm for the sealing portion (Example 1: para 0013).
Regarding claim 5, Endo discloses the battery can with long sides and short sides with the length of the long side is greater than a length of the short side and connection areas extending a along a rectangular trajectory.
Regarding claim 7, Endo teaches a length of the long side is 30 mm (Example 1: para 0013), the first connection is arranged on the long side (Figs. 1 and 4).
Regarding claim 8, Endo teaches a length of the long side is 30 mm (Example 1: para 0013) and the first connection area comprises a first segment, a second segment, and a third segment that are sequentially connected, the first segment and the third segment are respectively located on two opposite long sides, and the second segment is located on a short side of the connection area (Fig. 1).
Regarding claim 9, Endo teaches complete sealing portion 7 including a corner with a circular trajectory (Fig. 1A).
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.
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 10 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (US 2004/0258989).
Regarding claim 10, Lee teaches length (l) of the safety valve is to be less than 30% of L (para 0049, Fig. 3), which overlaps Applicant’s claimed range of 0.2L4 ≤ L2 ≤ 0.35L4.
It would have been obvious to one of ordinary skill in the art before the effective filing date to have the recited length because a prima facie case of obviousness exists in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art”. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Furthermore, "[ A ] prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness." In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003). See MPEP 2144.05.
Regarding claim 17, Lee does not expressly teach an electrical device; however, batteries are commonly known to be used in electrical devices.
Claims 6 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Endo (JP 2001-155698).
Regarding claim 6, Endo teaches a length of the long side is 30 mm (Example 1: para 0013), the first connection is arranged on the long side (Figs. 1 and 4).
Endo does not teach the length of the connection area; however, length is viewed a result-effective variable where shorter connection area will support a higher pressure and longer connection area will be relatively weaker compared to a shorter connection area; the length to be determined by a desired predetermined pressure.
Regarding claim 17, Endo does not expressly teach an electrical device; however, batteries are commonly known to be used in electrical devices.
Allowable Subject Matter
Claims 11 and 12 objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Claim 13 would be allowable if rewritten to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CARLOS BARCENA whose telephone number is (571)270-5780. The examiner can normally be reached Monday-Thursday 8-5 pm.
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/CARLOS BARCENA/Primary Examiner, Art Unit 1723