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 .
Status of Application
Claims 1-3, 5-9 are currently pending. Claims 7-9 are new. Claim 4 is canceled. Claims 1-3 are currently amended.
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Japan on 07/25/2022. It is noted, however, that applicant has not filed a translation of the certified copy of the JP2022-117880 application.
Applicant cannot rely upon the certified copy of the foreign priority application to overcome this rejection because a translation of said application has not been made of record in accordance with 37 CFR 1.55. When an English language translation of a non-English language foreign application is required, the translation must be that of the certified copy (of the foreign application as filed) submitted together with a statement that the translation of the certified copy is accurate. See MPEP §§ 215 and 216.
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 8 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 8 currently recites “The battery according to claim 7, wherein the glass filler includes SiO2-Al2O3-CaO-SrO type glass, and SiO2-B2O3-ZnO-Na2O type glass”. However, it is unclear whether the glass filler is (a) one selected from SiO2-Al2O3-CaO-SrO type glass and SiO2-B2O3-ZnO-Na2O type glass, or (b) including both SiO2-Al2O3-CaO-SrO type glass and SiO2-B2O3-ZnO-Na2O type glass.
PG Pub [0039] of the instant application appears to indicate that “a filler” includes “a glass filler” including “a glass component,” wherein “examples of the glass component may include SiO2—Al2O3—CaO—SrO type glass, and SiO2—B2O3—ZnO—Na2O type glass” [PG Pub 0039]. For examination purposes, claim 8 is interpreted in light of interpretation (a) above based on [PG Pub 0039] that includes “a glass component.”
Response to Arguments
Applicant's arguments filed 04/30/2026 have been fully considered but they are not persuasive as Ito discloses the newly added limitations.
Applicant appears to argue in Pg 9-10 that Ito does not teach or suggest the amended claim 1. Specifically, “the sealing member 160 has only convex portions that fill the concave portion on the outer surface of the cylindrical 213” and the “sealing member 160 does not have concave portions that exist at the tubular part situated between the terminal mounting hole and a shaft part of the electrode terminal as recited by amended claim 1”.
In this regard, Examiner notes that, as shown in Fig 3 below, Ito discloses wherein the tubular part is situated between the terminal mounting hole (i.e., through hole 112) and a shaft part of the electrode terminal (shaft 232), wherein the tubular part includes one or a plurality of concave parts (note: “concave part” is interpreted as the part that curves inward; see the annotated Fig 3 with the concave part that curves inwards from the two protruding parts) and the electrode terminal (electrode terminal 205) includes one or a plurality of convex parts (note: “convex part” is interpreted as the part that curves outward; see the “convex part” in Fig 3 below that protrudes outward), as claimed.
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Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Ito (US20190044107A1, IDS cited 03/07/2024, previously cited).
Regarding claim 1, Ito discloses a battery (energy storage device 10; Fig 2 [0039]) comprising:
an electrode body (electrode assembly 140) including respective electrodes of positive and negative electrodes [0050];
a battery case (case body 111; Fig 2)including an opening, and for accommodating the electrode body [0042-0043];
a sealing plate (lid body 110) including a terminal mounting hole (through hole 112; Fig 3), and for sealing the opening (“for closing an opening of the case body 111” [0042];
an electrode terminal (electrode terminals 200, 205; [0040, 0043]) electrically joined at one end thereof with any electrode of the positive and negative electrodes inside the battery case (i.e., via electrode current collectors 120, 130), and inserted at another end thereof through the terminal mounting hole to be exposed to outside the sealing plate (see body portion 211 of the terminal portion 210 exposed to outside the lid body 110; see Fig 3); and
an insulating member (electrode sealing members 160; Fig 3; e.g., resin such as polyphenylene sulfide, polypropylene, polyethylene [0053]) for establishing an insulation between at least a part of the sealing plate and the electrode terminal,
wherein the electrode terminal (electrode terminal 205 in Fig 3) includes:
a base part (connecting portion 230; see Fig 3) arranged in the inside of the battery case;
an outer connection part exposed to an outer side surface of the sealing plate (body portion 211 exposed to an outer side surface of the lid body 110); and
a shaft part (shaft 232 [0058]) arranged between the outer connection part and the base part, and inserted through the terminal mounting hole (see Fig 3), and
the insulating member (electrode sealing members 160) includes:
a tubular part (see annotated Fig 3 below) situated between the terminal mounting hole (through hole 112) and the shaft part (shaft 232) of the electrode terminal;
a first collar part extending in the horizontal direction along an inner side surface of the sealing plate (note: “collar part” interpreted as a part that covers an inner side surface of the sealing plate; see annotated Fig 3 below where the first collar part covers the inner side surface of the lid body 110)
a second collar part extending in the horizontal direction along the outer side surface of the sealing plate (note: “collar part” interpreted as a part that covers an outer side surface of the sealing plate; see annotated Fig 3 below where the second collar part covers the outer side surface of the lid body 110),
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the base part extends in the horizontal direction below the second collar part (see annotated Fig 3 below)
one or a plurality of concave parts exists at the tubular part (i.e., “concave part” is interpreted as part that curves inwards; see annotated Fig 3 below with the part that is curved inwards between two protruding portions)
the electrode terminal includes one or a plurality of convex parts (note: “convex parts” is interpreted as part that curves outward; see the convex part of the electrode terminal in Annotated Fig 3 below) that respectively correspond to the one or a plurality of concave parts (see the concave and convex parts in the Annotated Fig 3 below).
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Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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) 2, 3, 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ito (US20190044107A1, IDS cited 03/07/2024, previously cited).
Regarding claim 2, Ito discloses the battery according to claim 1, Ito discloses the battery according to claim 1,
wherein a portion of the electrode terminal (electrode terminal 205 in Fig 3) to be inserted through the terminal mounting hole (through hole 112; Fig 3) has a cylindrical shape (cylindrical portion 213; see Fig 3; [0058]),
the concave part exists at at least a cylindrical portion of the electrode terminal (see annotated Fig 3 above with a plurality of concave parts in the cylindrical portion 213)
Ito in Fig 3 shows the cylindrical portion having a diameter and the concave part having a depth. However, Ito does not explicitly disclose “wherein the depth of the concave part is at least 1/5 of of a width of the insulating member” as claimed since drawings are not necessarily to scale.
In this regard, Ito discloses that a depth of the concave portions 233 and 234 can be changed as desired and a protrusion amount of the cylindrical portion 217, 218 corresponding to a depth of the
concave portions 233 and 234 are determined. Ito further discloses that the depth of the concave portions provides the connecting side contact surfaces that is brought into contact with the inner side surfaces of the cylindrical portion (e.g., 233a, 233c, 234a, 234c in annotated Fig 4 below; [0075]) such
that a gap is not formed between the cylindrical portion 213 and the shaft 232, thereby ensuring a large
contact area whereby an electric conduction resistance can be lowered [0075]. Ito further recognizes
that the shaft 232 connects the terminal portion and electrode current collector [0058].
Thus, it would have been obvious for a person having ordinary skill in the art to have optimized
the depth of the concave part and the diameter of the cylindrical portion by way of routine experimentation to arrive at a desired balance between ensuring a large contact area between the cylindrical portion and the connector to lower the electric conduction resistance while also connecting
the terminal and the electrode current collector [0058, 0075].
Regarding claim 3, Ito discloses the battery according to claim 1,
wherein the terminal mounting hole has a cylindrical shape (see through hole 112; Fig 3),
a portion of the electrode terminal to be inserted through the terminal mounting hole has a cylindrical shape (terminal 205 in Fig 1-3),
a plurality of the concave parts exists at the tubular part (see the concave part in the annotated Fig 3 in the claim 1 rejection),
the plurality of concave parts respectively exist along a rotation direction of the cylindrical portion of the electrode terminal (i.e., “concave part” is interpreted as part that curves inwards; see annotated Fig 3 below with the part that is curved inwards between two protruding portions)
an angle existed between the concave parts adjacent to each other in the rotation direction is roughly 90° (note: “roughly 90°” interpreted as e.g., 90°±10° based on [PG Pub 0036]; see annotated Fig 3 below). Examiner further notes that the change in form or shape, without any new or unexpected results, is an obvious engineering design. See In re Dailey, 149 USPQ 47 (CCPA 1966) (see MPEP § 2144.04).
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Regarding claim 6, Ito discloses the battery according to claim 1, wherein the electrode terminal
(terminal 205) and the insulating member (electrode sealing members 160) are included as an integrally
molded product [0089].
Claim(s) 5,7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ito (US20190044107A1, IDS cited 03/07/2024, previously cited), in view of Yohei (US20190189998A1, IDS cited 09/24/2024, previously cited).
Regarding claims 5, 7, Ito discloses the battery according to claim 1, wherein the insulating member (electrode sealing member 160) may further include an elastomer material or a granular or fibrous inorganic material [0053]. However, Ito does not disclose wherein the insulating member further includes an insulation filler {claim 5}, wherein the insulation filler includes a glass filler {claim 7}.
In this regard, Yohei is also directed to a battery comprising an electrode terminal 7, a sealing plate 2, and a heat-resistant layer 80 between the sealing plate and the electrode terminal, wherein the heat-resistant layer 80 comprising resin (e.g., polypropylene, polyethylene [0078, 0117]), ceramic particles or ceramic fiber (e.g., alumina, zirconia, titania, silica [0076]).
Thus, it would have been obvious for a person having ordinary skill in the art to have modified the insulating member of Ito to include an insulation filler, such as glass fillers (i.e., the ceramic particles or fiber [Yohei 0076]), with a reasonable expectation to prevent forming a conduction path between the electrode terminal and the sealing member [Yohei 0113].
Claim(s) 8,9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ito (US20190044107A1, IDS cited 03/07/2024, previously cited), in view of Yohei (US20190189998A1, IDS cited 09/24/2024, previously cited) and Kako (US20140176074A1).
Regarding claims 8 and 9, Ito discloses the battery according to claim 7, including the glass filler. However, modified Ito does not disclose wherein the glass filler includes SiO2-Al2O3-CaO-SrO type glass, and SiO2-B2O3-ZnO-Na2O type glass {claim 8 – see 112(b) rejection above} wherein an average particle diameter of the glass filler is within the range of 1µm to 20µm {claim 9}.
In this regard, Kako teaches an inorganic filler for batteries which may include oxides such as SiO2, B2O3, ZnO, Na2O [KaKo 0035-0041], wherein the filler may have an average diameter in the range of approximately 0.1 μm to approximately 3.0 μm [Kako 0044], which overlaps with the claimed range of “1µm to 20µm”. Kako further teaches that such inorganic filler has high insulation, electrochemically stable in the range of use of the lithium ion secondary cell, and is easy to mix [Kako 0034, 0044].
As such, it would have been obvious for a person having ordinary skill in the art before the effective filing date to have selected such glass filler comprising SiO2-B2O3-ZnO-Na2O having the overlapping average particle diameter as the glass filler, with a reasonable expectation to improve the insulation and electrochemical stability of the insulating member [Kako 0034, 0044].
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAEYOUNG SON whose telephone number is (703)756-1427. The examiner can normally be reached M-F 8-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at (571) 270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/T.S./Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 7/26/2026
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