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 .
DETAILED ACTION
This Office Action is in response to the communication filed on 6/9/26. Applicant’s arguments have been considered but are not found persuasive. Claims 1-3, 5-16 and 18-22 are pending.
This Action is made FINAL, as necessitated by amendment.
Claim Rejections - 35 USC § 112
All prior 35 USC 112 rejections of record are withdrawn. The claims have been amended to remove the language previously rejected as indefinite by the Examiner. However, the claims, as amended, introduce new 35 USC 112 issues into the claims.
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, 7-8, 12, 18 and 21 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, 7-8, 12 and 18 recite dimensions of the “edge portion” of the claimed invention. However, it is unclear if the claimed housing, claimed battery and/or claimed electronic device comprising a first cover plate having the edge portion with the recited dimensions as the edge portion is melted to form a melted edge. Limitations of intermediate products have not been given patentable weight. The product of the claimed invention comprises a housing having the claimed “melted edge”.
Claim 7 recites the limitation "the boss" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Claim 21 recites the limitation "an outer side surface" in line 2. There is insufficient antecedent basis for this limitation in the claim. Claim 1 previously recited “an outer surface” of the peripheral wall. It is unclear how “an outer side surface” is differentiated from “an outer surface”. It appears the “outer side surface” and the “outer surface” are the same claimed element.
To the extent the claims are understood in view of the 35 USC 112 rejections above, note the following prior art rejections.
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.
Claim(s) 1-2, 6-7, 12-13, 15 and 19-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by You et al., US 2015/0030917 A1.
You teaches a battery including a case (housing) accommodating an electrode assembly (electrode core), the case including an opening at one end (first opening) and including at least one sidewall (peripheral wall), the sidewall having a coupling portion (edge portion) adjacent to the opening, a cap plate (first cover plate) that closes the opening, the cap plate having an upper surface, the coupling portion of the sidewall connecting the cap plate to the case (close the first opening), the coupling portion including a top surface of the sidewall, the cap plate overlying a first portion of the top surface of the sidewall, such that the upper surface of the cap plate is entirely above top surface of the sidewall, and a welding bead (corresponds to melted edge) contacting the cap plate and a second portion of the top surface of the sidewall, the second portion of the top surface being between the first portion and an outer surface of the sidewall (abstract). See the Figures of You.
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The case may form an entire exterior of the battery and may be made of a conductive metal such as aluminum, an aluminum alloy, or nickel-plated steel [0042].
The case may be formed in the shape of a prism, and may include a pair of first side surfaces or sidewalls 23 facing each other and a pair of second side surfaces or sidewalls 24 connecting the pair of first sidewalls 24 and facing each other. The first sidewalls 23 and the second sidewalls 24 of the case 20 may respectively include a first coupling portion 23a and a second coupling portion 24a to which the cap plate 31 is coupled. The cap assembly 30 according to the present exemplary embodiment may include a cap plate 31 covering the opening 25 of the case 20, a vent portion 32 where a notch is formed, and an electrolyte injection opening 33. The cap plate 31 may include a first plate 31a and a protruding portion 31b [0047-0050].
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As shown in Figure 3, the cap plate includes a second plate body 60/70. Furthermore, at least Figure 3 (inset) depicts the protruding portion 31a1 of first plate body 31 being welded (melted) to bond the protruding portion with and outer surface 23a of the peripheral wall 23 to close the opening 25. Thus, the claims are anticipated.
*
Claim(s) 1, 5-8, 12-14 and 16-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shishido et al., US 2013/0270981 A1.
Shishido teaches a secondary battery comprising a case body (BC) having a side wall and an opening; a lid plate for closing the opening, an end portion of the lid plate being projected from an outer surface of the side wall; and a welded portion that joins the lid plate with the side wall. The lid plate has a beam receiving area located in a vicinity of an end portion of the lid plate for receiving a beam emitted vertically with respect to the beam receiving area (abstract). See at least Figures 1, 4A and 4B.
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A portion welded by a focused laser beam LB is described with reference to FIGS. 4A and 4B. FIGS. 4A and 4B are enlarged sectional side views of the contact portion between the stepped portion near the edge of the lid plate 2 and the upper end of the wall plate 1a of the case body 1. FIG. 4A shows the state before welding. FIG. 4B shows the state melted (melting portion MP) by applying the focused laser beam [0045]. A power generating element (electrode core) is accommodated in the case body BC [0025-0030].
A thickness "z" of the wall plate 1a at the portion to be welded where the lid plate 2 and the wall plate 1a of the case body 1 are in contact with each other can be set in the range 0.4 mm to 1.1 mm [0049]. The extending length "x" is set in the range 0 mm to 0.25 mm, in other words, so as not to exceed 0.25 mm. In such a configuration, there is formed, below the tip end of the lid plate 2, a gap extending along the outer surface of the wall plate 1a [0047]. A thickness "y" of the lid plate 2 at the portion to be welded where the lid plate 2 and the wall plate 1a of the case body 1 are in contact with each other is set in the range 0.4 mm to 0.8 mm. The lid plate 2 is made thick to some extent at the portion to be welded so as to increase the volume of the melt portion on the lid plate 2 to some extent, which leads to stabilized welding. On the other hand, the lid plate 2 is made not excessively thick, so as not to excessively increase the strength of the welding focused laser beam LB [0048]. See also Figure 2 that depicts the lid plate structure of the BC. At least Figure 2 of Shishido teaches the lid plate 2 includes a first plate body and a second plate body.
Thus, the claims are anticipated.
*
Claim(s) 1, 3, 5-7, 9-14, 16 and 18-22 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Deng et al., CN 208889725 U.
Deng teaches a square shell and a secondary battery thereof wherein the square shell comprises a bottom wall and a peripheral wall; wherein the bottom wall and the peripheral wall are welded and fixed, the peripheral wall comprises two opposite main edges and two opposite side edges adjacent to the main edges, at least one of the main edges and the side edges is provided with a welding seam intersected with the bottom wall, and the thicknesses of the main edges and the side edges are both smaller than or equal to 0.6 mm. The thicknesses of the main edge and the side edge of the peripheral wall of the square shell are both less than or equal to 0.6 mm. The square shell is a thin square shell, the weld joints are arranged on the main edges or the side edges, and the thin square shell can be manufactured through welding so that the thickness of the square shell does not need to be increased, and the energy density increased. In addition, the strength of the square shell can be improved due to the existence of the welding seam, and the strength of the square shell is especially important for improving the strength of the long and thin strip-shaped square shell through the welding seam (abstract). See the Figures of Deng. Figure 7 shows the junction between the peripheral wall and the bottom wall of the housing.
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Figure 2 shows the peripheral wall 13, a top cover 3, the bottom cover 11 and the case 1 for accommodating the battery cell. The thickness of the peripheral wall is less than or equal to 0.6 mm [0030]. Further, as shown in FIG. 7, the bottom wall 11 and the peripheral wall 13 are welded and fixed, and the bottom wall 11 is provided with a first thickness 111 and a second thickness 113 of different sizes in a direction toward the peripheral wall 13, and the first thickness 111 is larger than the second thickness 113 providing a step at the intersection of the two. The first thickness 111 has a size at least twice the size of the second thickness 113 [0033].
Thus, the claims are anticipated.
*
Claim(s) 1, 6-7, 9-13 and 19-21 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki et al., CN 101896307A.
Suzuki teaches a case body (a first member) (30) and a cap member (a second member) (40) that have not been subjected to welding include a protrusion (25) consisting of at least one of a first protrusion (35) that protrudes from a first outer surface (31) and a second protrusion (45) that protrudes from a second outer surface (41) when the case body and the cap member are assembled together such that the first outer surface (31) is flush with the second outer surface (41). The protrusion (25) is placed between the first outer surface (31) and the second outer surface (4l). In a condition where the first outer surface (31) and second outer surface (41) of the pre-welding case body (30) and cap member (40) are flush with each other, and the protrusion (25) is placed between the first outer surface (31) and the second outer surface (41), the protrusion (25) is irradiated with a laser beam, so that the case body (30) and the cap member (40) are welded together with the protrusion (25) providing a part of a weld (melted edge) (52). A welded structure (1) is provided for producing a welded structure in which the first member (30) and the second member (40) are firmly welded together (abstract). The cover 40, as depicted by Figure 5 and 11, includes a first cover plate and a second cover plate wherein an edge portion 45 of the first cover plate protrudes beyond an outer surface of the peripheral wall 130.
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The edge portion is welded/melted to form a melted edge bonding the first plate body with the outer surface of the peripheral wall to close the opening, see Figure 2.
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Thus, the claims are anticipated.
Response to Arguments
Applicant's arguments filed 6/9/26 have been fully considered but they are not persuasive. Rejections of claims under 35 USC 112 have been addressed above.
Applicant argues “claim 1 recites that the melting is applied to the edge portion of the first plate body 13121, and bonds the first plate body 13121 with the peripheral wall 11 only, but not the first plate body 13121 and the second plate body 13122”. Examiner disagrees as the argument is not commensurate in scope with at least claim 1. Claim 1 does not require only the first plate body bonds with the peripheral wall.
Regarding You, Applicant argues You's first plate 31a does not extend beyond the outer surface of the side wall 24, such that the welded portion only covers the top of the side wall 24 and the tip of the first plate 31a, but not on the outer surface of the
side wall 24, as recited in amended claim 1. However, the top of the side wall 24 of You is considered “an outer surface”.
Applicant argues the claimed invention requires the edge portion of the first cover plate to melt to form a melted edge, which bonds the first plate body with the outer surface of the peripheral wall to close the first opening. This is a circumferential melt-and-bond mechanism originating from the edge portion of the first cover plate as recited in amended claim 1, not a weld bead deposited on the horizontal top surface of the sidewall. Examiner disagrees. The present specification clearly teaches the first cover plate and the peripheral wall are sealed by welding [0051-053; 0056-0058; 0062; 0064]. It appears Applicant is attempting to distinguish “melted” from “welded”. However, any such distinction is not supported by evidence and/or does not appear to be supported by the present specification as filed.
Applicant argues You's "welding bead" is not the same as the claimed "melted edge." However, no evidence has been provided to properly support this argument.
Applicant argues “no element of the cover plate in You melts to flow around and bond the peripheral of the side wall as recited in amended claim 1. The Examiner's mapping of You's welding bead to the claimed "melted edge" is therefore structurally different from the structure recited in amended claim 1. Thus, You does not disclose the melted edge bonding the first plate body with the outer surface of the peripheral wall as recited in amended claim 1.” Examiner disagrees, see discussion above regarding You. Furthermore, Applicant’s arguments are not commensurate in scope with the claimed invention and/or the present specification.
Regarding Shishido, Applicant argues “Shishido discloses a welding mechanism in which the edge of the lid plate is melted and bonded with the wall plate by the focused beam. In Shishido, the lid plate includes the first plate member and the second plate member, a welding focused beam applies to the second plate member, welds and fixes the first plate member, the second plate member, and the wall plate, such that a welded portion is formed at a contact portion between the first plate member and the second plate member and between the tip of the second plate member and the end of the wall plate. See Shishido at paragraphs [0060] and [0064] and FIGs. 4A and 4B. As such, Shishido discloses a welded portion formed on 3 parts including the first plate member, the second plate member and the wall plate, but not only formed on 2 parts including the second plate and the wall plate as recited in amended claim 1. Thus, Shishido does not disclose "the edge portion being melted to form a melted edge, and the melted edge bonding the first plate body with the outer surface of the peripheral wall to close the first opening" as recited in amended claim 1.” However, Applicant arguments are not commensurate in scope with the claimed invention. Present claim 1 does not require a weld/melt portion be “only formed on 2 parts”. Furthermore, Applicant does not address the teachings of at least Figure 4A and 4B of Shishido. See also the discussion of Shishido above, emphasizing Figures 2, 4A and 4B.
Regarding Deng, Applicant argues “Similar to You, Deng discloses a battery casing, which has a bottom wall 11. The bottom wall 11 does not extend beyond the peripheral of the side wall 13, as recited in amended claim 1. See Deng at FIG. 7. Further, Deng discloses that the bottom wall 11 and side wall 13 are welded together. No element of the bottom wall in Deng melts to flow around and bond the peripheral of the side wall as recited in amended claim 1. Thus, Deng does not disclose the melted edge bonding the first plate body with the outer surface of the peripheral wall as recited in amended claim 1.” Examiner disagrees. The top surface of side wall 13 of Deng may be considered “an outer surface”. In addition, it appears Applicant is attempting to distinguish “melted” from “welded”. However, any such distinction is not supported by evidence and/or does not appear to be supported by the present specification as filed. This argument is addressed above regarding You.
Regarding claim 8, Shisido teaches a thickness "z" of the wall plate 1a at the portion to be welded where the lid plate 2 and the wall plate 1a of the case body 1 are in contact with each other can be set in the range 0.4 mm to 1.1 mm [0049]. The extending length "x" is set in the range 0 mm to 0.25 mm, in other words, so as not to exceed 0.25 mm. In such a configuration, there is formed, below the tip end of the lid plate 2, a gap extending along the outer surface of the wall plate 1a [0047]. A thickness "y" of the lid plate 2 at the portion to be welded where the lid plate 2 and the wall plate 1a of the case body 1 are in contact with each other is set in the range 0.4 mm to 0.8 mm. The lid plate 2 is made thick to some extent at the portion to be welded so as to increase the volume of the melt portion on the lid plate 2 to some extent, which leads to stabilized welding. On the other hand, the lid plate 2 is made not excessively thick, so as not to excessively increase the strength of the welding focused laser beam LB [0048]. Neither You nor Deng has been applied as prior art against claim 8.
In addition, limitations of intermediate products have not been given patentable weight. The product of the claimed invention comprises a housing having the claimed “melted edge”.
Regarding claim 12, Applicant asserts none of the cited references discloses the mathematical relationship recited in claim 12. However, this argument is not properly supported. Therefore, there is nothing for the Examiner to rebut. See the discussion above regarding Shisido, You and/or Deng regarding claim 12.
In addition, limitations of intermediate products have not been given patentable weight. The product of the claimed invention comprises a housing having the claimed “melted edge”. See 35 USC 112 rejection above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Akira et al. WO2013/145768Al teaches a cylindrical battery provided with a closed-end cylindrical battery case (1), an electrode group (5) housed, together with an electrolyte, in the battery case (1), a sealing member (8) fitted in an opening of the battery case (1), and a gasket (9) interposed between the sealing member (8) and the battery case (1), and the opening of the battery case (1) is sealed by drawing an open end of the battery case (1). The battery case (1) is produced from stainless steel. Further, the outer diameter of the battery case (1) is 10 mm or less, and the thickness of the battery case (1) is 0.05-0.2 mm inclusive (see abstract).
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 TRACY DOVE whose telephone number is (571)272-1285. The examiner can normally be reached M-F 9:00-3:00.
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/TRACY M DOVE/Primary Examiner, Art Unit 1725
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