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 .
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-4, 6-11 are rejected under 35 U.S.C. 102(a)(1)/(a)(2) as being anticipated by WO 2021/229846 (Katsumoto) (published 11/18/2021, earliest effective filing date 05/14/2020) (the foreign translation is provided; however, US 2023/0083371 is relied upon below for citations as the English equivalent to WO ‘846). The instant application is afforded an effective filing date of 02/22/22 as an English translation of the foreign priority document is not in the record.
Applicant cannot rely upon the certified copy of the foreign priority application to overcome the 102(a)(1) section 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.
Katsumoto discloses a secondary battery includes an outer package member (10), a battery device comprising first and second electrodes, an external terminal (20) attached to the outer package, and a coupling wiring line. The external terminal is attached to the outer package member and insulated from the outer package member. The coupling wiring line is coupled to each of the first electrode and the external terminal. A portion of the coupling wiring line is insulated from each of the outer package member and the second electrode, and is sandwiched by the outer package member and the battery device (abstract). Regarding the coupling wiring including a first part and second part that overlaps, Katsumoto discloses that the positive electrode lead 51 is folded back once at a position before the external terminal 20 as shown in at least Figures 7, 8 and 9 where a first part and second part of 51 are overlapped due to a turning part that is curved. As shown in Figures 11-13 and 17-19, at the point where lead 51 turns (curves), a space is provided between the first part and second part of 51 which is also expected in Figures 7-9. The container part 11 has a cover part 12 and an opening 11K at the upper end of the container part that allows for placement of the battery [0045-0046]. The coupling wiring line (51) is between cover part 12 and battery device. The cover 12 has a protruding part (12P) that protrudes toward the battery device and as shown in Figures 6 and 8, a top part of 51 and lower part of 51 are between the protruding part and the battery device in a first direction and the turning part of 51 is between a portion of the cover part other than the protruding part and battery device. The battery element 40 is a wound electrode battery comprising positive electrode 41, negative electrode 42 and separator 43. The cover part includes the protruding part and peripheral part (where label 12 is located in Figure 8) surrounding the protruding part. A first space is defined between the protruding part and a surface of the battery device facing the cover part in the first direction and a second spacing is defined between the peripheral part and the surface of the battery in the first direction and the second spacing is greater than the first spacing. An overlap of the first part of the lead 51 is present in the first spacing and the turning part is present in the second spacing. Specifically, see Figure 8 annotated below:
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Regarding claim 6, Figure 8 illustrates the claimed orientation of the first and second parts in a plane orthogonal to the first direction.
Regarding claim 7, the cover part has a recessed part formed by the protruding part and the external terminal is placed in the recessed part (Figures 6-16).
Regarding claim 8, lead 51 is connected at a first end to the first electrode and a second end coupled to the external coupling terminal for the positive electrode [0056].
Regarding claim 9, an insulating member may be present covering the periphery of lead 51 as shown in Figure 16 which also shows insulation from the second electrode (42).
Regarding claims 10 and 11, the outer package (10) may be a metal such as stainless steel and is considered a can as shown in Figure 4.
Claim(s) 1, and 5-8, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 35888249 (JP ‘249).
JP ‘249 discloses an alkaline storage battery (secondary battery) comprising an outer can (5) (packaging), a battery therein having first and second electrodes, an external terminal (sealing body 50 serves as terminal and comprises lid 51 and cap 52) [0001] which is electrically insulated via gasket (65). Positive electrode current collecting lead portion (12) (considered the coupling wiring line) is electrically coupled to the bottom portion of lid (51) and the positive electrodes. Insulation for the lead (12) is provided by gasket 65 which insulates the lead from the can (60), the turning part (12a-12b) is at least partially curved to define a space therein, the sealing body (50) also acts as a cover part and when removed provides an opening in can through which the battery may be placed. The lead is located between the sealing body and the battery, and the cover part (sealing body 50) includes lid (51) which has a protruding part that protrudes toward the battery inside the can. In the area of the protrusion, lead (12) has an overlap (top part 12 and bottom part 11) shown in at least Figure 4. The turning point (12a,12b) is located between lid (51) and battery at a point other than where the protruding part of lid (51) is present. At least a portion of the first part of the coupling wiring line (12) and a portion of the second part of the coupling wiring line (12) are interposed between the protruding part and the battery device in a first direction, and the turning part (area at 2a in Figure 5 and also shown but not labeled in Figure 4) is interposed between a portion of the cover part (51, 4a) other than the protruding part and the battery in the first direction, wherein the battery device includes a wound electrode body including the first electrode, second electrode and separator (Figure 3 and [0020]), wherein the cover part (51, 4a) includes the protruding part and a peripheral part (also the “portion of the cover part other than the protruding part cited above) that surrounds the protruding part (area labeled as 4a and 51 that surround the protruding part of the cover/lid), wherein a first spacing is defined between the protruding part and the surface of the battery device in the first direction, wherein a second spacing is defined between the peripheral part and the surface of the battery in the first direction, wherein the second spacing is greater than the first spacing, wherein an overlap portion of the first part and second part of the coupling wiring line (12) is present in the first space where the protruding part of the cover is located and the turning part is disposed in the second spacing where the peripheral part of the cover is located (see corresponding annotations provided below taken from Figure 4a and the dashed arrow shows the first direction).
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Regarding claim 5, JP ‘249 discloses the turning part has a thickness greater than a thickness of overlap portion of the first and second part as seen in Figures 4 and 5.
Regarding claim 6, in a plane orthogonal to the first direction, the first part of the coupling wiring line (12) extends from a first position to a second position, the first position being other than a center position of the outer package member as shown in the figures, and the second position is on a side opposite to the first position as viewed from the center position, and the second part extends from the second position toward the center position. As shown above, the first part extends from the left side of the figure to the opposite (right) side and the second part extends toward the center from the second position.
Regarding claim 7, the cover part (51, 4a) includes a recessed portion (the recess formed by the protruding part) and the external terminal is placed in the recessed part. Here, the term “in” is taken to encompass inside the boundaries of the recess.
Regarding claim 8, JP ‘249 discloses the first part of the coupling wiring line (12) has a first end part on a side opposite to the turning part and is coupled to the first electrode; and the second part has a second end part that is on the side opposite to the turning part and is coupled to the external terminal located that is located on a side opposite to the battery device as viewed from the cover part [0021, 0034].
Regarding claim 10, the outer package (60) is a metal can.
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.
Claim(s) 5 is rejected under 35 U.S.C. 103 as being unpatentable over WO 2021/229846 (Katsumoto) in view of JP 3588249 (JP ‘249).
Katsumoto discloses the secondary battery discussed above but does not disclose the relative thickness of the turning part as compared to the overlapping part. JP ‘249 discloses a secondary battery where the lid has a recessed portion and protruding portion and the protruding portion is the location of overlap of the lead and the recessed area is the location of the turning point in a manner consistent with Katsumoto (See Figure 8 of Katsumoto). JP ‘249 further shows that the lead may have a curvature such that the thickness of the lead at the turning point is greater than the thickness at the overlap in the area of the protrusion of the lid. It would have been obvious to one of ordinary skill to modify the shape of the lead in the portion found in the recessed areas as suggested by JP ‘249 as it is discloses as a known shape of a lead acting as a connector between the battery and the terminals in a similar manner. Absent a showing of unexpected results, the shape is considered known as well as the particular location as demonstrated by JP ‘249 and based upon the use of the lead with this design, one of ordinary skill would have found it obvious to use a similar shape in Katsumoto with a reasonable expectation of success.
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over JP 3588249 (JP ‘249) in view of US 2006/0073382 (Urano).
JP ‘249 discloses the battery discussed above but does not disclose an insulating member covering a periphery of the lead and electrically insulating from the second electrode. Urano discloses a lead (7) which functions in a similar manner to the lead of JP ‘249 and is further provided with an insulating member (9) to avoid short circuiting [0054]. It would have been obvious to provide the lead of JP ‘249 with insulation in the manner disclosed by Urano to avoid short circuiting.
Claim(s) 11 is rejected under 35 U.S.C. 103 as being unpatentable over JP 3588249 (JP ‘249) in view of US 2011/0300444 (Nakamura).
JP ‘249 discloses a metal can packaging for the battery that may be made of aluminum and its alloy but does not disclose other metals. Nakamura discloses a battery can made of iron, aluminum or an alloy thereof [0072]. It would have been obvious to use known metal materials for the battery can of JP ‘249 as disclosed by Nakamura with a reasonable expectation of successfully forming a battery can based upon the express use of these materials by Nakamura which provides an expectation of reasonably predictable results.
Response to Arguments
No translation of the foreign priority document has been provided for Katsumoto and Katsumoto is seen to meet the newly added limitations as explained an annotated above.
Regarding JP ‘249, as discussed above, the new limitations are met. Applicant argues that JP ‘249 is directed to preventing welding defects, sealing defects, metal powder scattering and short circuits by thinning a portion near the welded portion of a current collecting lead. However, the figures of JP ‘249 are explained above and annotations are provided to clearly indicate where the claimed structure is considered to be met by the reference.
Applicant argues that the structural arrangement claimed allows for more efficient use of the internal space of the outer package can and allows for further reduction in thickness of the secondary battery. However, as noted above Katsumoto and JP ‘249 disclose the claimed structure.
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 JENNIFER C MCNEIL whose telephone number is (571)272-1540. The examiner can normally be reached M-F 9-5.
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JENNIFER C. MCNEIL
Primary Examiner
Art Unit 1723
/Jennifer McNeil/ Primary Examiner, Art Unit 1723
