DETAILED ACTION
This Office Action is responsive to the July 29th, 2026 arguments and remarks (“Remarks”).
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 .
Response to Amendments
In response to the amendments received in the Remarks on July 29th, 2026:
Claims 1-11 are pending in the current application. Claims 1 and 8-10 have been amended.
The previous objection to the claims has been overcome in light of the amendment.
The cores of the previous prior art-based rejections have been overcome in light of the amendment. All changes made to the rejection are as necessitated by the amendment.
Response to Arguments
Applicant’s arguments filed with the Remarks on July 29th, 2026 with respect to Claims 1-11 are based on the claims as amended. While Applicant’s arguments are acknowledged, they are found to be moot in view of the new grounds of rejection, presented below, as necessitated by Applicant’s amendments to the Claims.
Prior Art
Previously cited Lee KR2019/0125664 (“Lee”)
Newman US PG Publication 2019/0006776 (“Newman”)
Wells US PG Publication 2020/0287175 (“Wells”)
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.
Claims 1-4 and 6-11 are rejected under 35 U.S.C. 103 as being unpatentable over Lee KR2019/0125664 (machine translation provided in a previous Office Action) in view of Newman US PG Publication 2019/0006776.
Regarding Claim 1, Lee discloses a cylindrical secondary battery (Abstract, entire disclosure dependent upon) comprising:
a cylindrical can 110 having an open end in a longitudinal direction thereof (such that the center pin 130 can be inserted into the cylindrical can 110) (Figs. 1A-1C, [0036]-[0037]);
a cap assembly 140 (corresponding to the instantly claimed cap plate) coupled to the cylindrical can 110 (Figs. 1A-1C, [0036]-[0037]) and having an opening therein (Figs. 1A-1C and 2A-2D, [0016]0[0017], [0049]-[0051]);
an electrode assembly 120 accommodated in the cylindrical can 110 and comprising a negative plate 121 (first electrode plate) and a positive plate 122 (second electrode plate) (Figs. 1A-1C, [0036]-[0038]); and
a first terminal part comprising:
a cap-up bottom plate 1420 (base block) electrically connected to the first electrode plate 121 (within the electrode assembly 120) (Figs. 2A-2D, [0049]);
a cap-up top plate 1430 (head) facing the base block 1420 and exposed to the outside through the opening (Figs. 2A-2D, [0049]); and
a fuse element 1440 (fusible link) connecting the base block 1420 and the head 1430 to each other (Figs. 2A-2D, [0049], [0056]).
While Lee fails to explicitly disclose wherein the fusible link has a diameter less than that of the head, Lee discloses that an insulating member 1450 wraps around the fusible link 1440 to combine the base block 1420 and head 1430 ([0056]). Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the battery of Lee such that the fusible link has a diameter smaller than that of the head in order to allow space for an insulating member to wrap around the fusible link.1
PNG
media_image1.png
822
1104
media_image1.png
Greyscale
Annotated Fig. 1C of Lee
PNG
media_image2.png
725
1403
media_image2.png
Greyscale
Annotated Fig. 2C of Lee
Lee fails to explicitly disclose wherein the base block, the fusible link, and the head are aligned with each other in the longitudinal direction of the cylindrical can2. However, Newman discloses a battery cell disposed within a housing comprising fusible link legs (corresponding to the fusible link of Newman) connecting a base ring (base block) and an electrical contact disk (head) of a battery cell cap ([0038]-[0041]). Newman teaches using an hourglass shaped fusible link leg extending from a portion of the base ring to a portion of the electrical contact disk in the longitudinal direction to create a height between the base ring and the electrical contact disk for creating separation from the battery cell and a busbar and/or other component of an electrical system (Fig. 2D, [0040]-[0044]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the cylindrical secondary battery of Lee such that the fusible link has an hourglass shape and the base block, fusible link, and the head are aligned with each other in the longitudinal direction of the cylindrical can in order to create a height between the base block and the head for creating separation from the battery cell and a busbar and/or other component of an electrical system, as taught by Newman.
1 A change in proportion or relative dimension is obvious in the absence of unexpected results. In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal Circuit held that, where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.
2 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 1976) (see MPEP § 2144.04).
Regarding Claim 2, Lee in view of Newman teaches the instantly claimed battery according to Claim 1, and (as previously described in the rejection of Claim 1) Lee in view of Newman discloses wherein the fusible link has an hourglass shape (Newman Fig. 2D, [0040]-[0041]).
PNG
media_image3.png
777
522
media_image3.png
Greyscale
Figure 2D of Newman
Regarding Claim 3, Lee in view of Newman teaches the instantly claimed battery according to Claim 1, and Lee discloses wherein the fusible link 1440 is formed by soldering ([0055]).
Regarding Claim 4, Lee in view of Newman teaches the instantly claimed battery according to Claim 1, and Lee discloses wherein the first terminal part further comprises an insulating member 1450 (insulation member) between the base block 1420 and the head 1430 (Figs. 2A-2D, [0049]).
Regarding Claim 6, Lee in view of Newman teaches the instantly claimed battery according to Claim 1, and Lee discloses wherein the insulation member 1450 has a protrusion that protrudes further outwardly than a surface of the head (Fig. 2A).
Regarding Claim 7, Lee in view of Newman teaches the instantly claimed battery according to Claim 1, and Lee discloses wherein the battery further comprises:
a negative tab 124 (first electrode collector plate) electrically connected to the first electrode plate 121 and the first terminal ([0038]-[0040]); and
a positive tab 125 (second electrode collector plate) electrically connected to the second electrode plate 122 and the cylindrical can 110 ([0038]-[0040]).
Regarding Claim 8, Lee in view of Newman teaches the instantly claimed battery according to Claim 7, and Lee discloses wherein the cylindrical can 110 has two open ends in the longitudinal direction ([0040]-[0042]),
wherein the cap plate 140 is coupled to one of the open ends of the cylindrical can 110 ([0036]-[0037], [0041]), and
wherein a lower insulating plate 126 (circular bottom plate) is coupled to the other one of the open ends of the cylindrical can 110 ([0040]-[0042]).
Regarding Claim 9, Lee in view of Newman teaches the instantly claimed battery according to Claim 8, and Lee discloses wherein the first electrode collector plate 124 faces the cap plate 140 ([0038]), and
wherein the second electrode collector plate 125 faces the bottom circular plate 126 ([0038]).
Regarding Claim 10, Lee in view of Newman teaches the instantly claimed battery according to Claim 1, and Lee discloses wherein the cap plate 140 comprises:
a lower surface 1421 (flat first plate part) ([0060]-[0061]);
an inclined surface 1453/1454 (inclined part) inclined upwardly from the first plate part 1421 ([0060]-[0061]);
an upper surface 1432 (second plate part) connected to the inclined part 1453/1454 and parallel to the first plate part 1421 ([0060]-[0061]); and
a groove 1453a/1454a (extension part) extending from the second plate part 1432 toward the base block 1420 ([0060]-[0062]).
Regarding Claim 11, Lee in view of Newman teaches the instantly claimed battery according to Claim 10, and Lee discloses wherein a surface of the second plate part 1432 protrudes further outwardly than a surface of the head 1430 ([0060]).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Lee KR2019/0125664 in view of Newman US PG Publication 2019/0006776, as applied to Claim 4, further in view of Wells US PG Publication 2020/0287175.
Regarding Claim 5, Lee teaches the instantly claimed battery according to Claim 4.
While Lee discloses that the material of the insulation member 1450 is not limited ([0063]), Lee fails to explicitly disclose wherein the insulation member is made of a glass to metal sealing material.
However, Wells discloses a secondary battery ([0016], entire disclosure dependent upon) comprising an insulator ring 70 surrounding a header ring of the battery’s container 60 ([0025]-[0027]).
Wells teaches wherein the insulator ring 70 is made of a glass to meal seal (GTMS) material is compatible with soldering and provides a hermetic seal to the battery ([0016], [0031]-[0032], [0040]).
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application to modify the battery of Lee in view of Newman such that the insulation member is made of a glass to metal sealing material in order for the insulation member to be compatible with soldering and provide a hermetic seal to the battery, as taught by Wells.
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 extension fee 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 date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLIVIA MASON MELFI whose telephone number is (703)756-4652. The examiner can normally be reached Monday-Thursday, 7am-6pm EST.
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, Ula Ruddock can be reached on (571)272-1481. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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.
/O.M.M./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
