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 .
Response to Amendment
The Amendment filed on August 17th, 2026 has been entered. Claims 1-20 remain pending.
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.
Claims 1, 3-9, 13, and 15-20 are rejected under 35 U.S.C. 103 as being unpatentable over Eguchi et al. (US 2023/0048086 A1, priority date of 5/14/2020), further in view of Cao et. al. (CN 217158365 U, priority date of 11/11/2021).
Regarding claim 1, Eguchi teaches an electrochemical apparatus (Abstract; secondary battery), comprising: an electrode assembly (electrode assembly 10), a housing assembly (exterior body 50), a conductor (positive electrode terminal 62), and an insulator (insulating material 64); wherein, the electrode assembly comprises a first tab electrically connected to the conductor (first tab 11; Par. 0111); the housing assembly comprises a first housing (cup-shaped member 52) and a second housing (lid-shaped member 54) wherein the first housing is provided with a first through-hole (hole of exterior body 55; Fig. 3) the first housing and the second housing define an accommodating space (Fig. 3; Par. 0010); the electrode assembly is accommodated in the accommodating space (Fig. 3; Par. 0010); the insulator is located between the first housing and the conductor (Par. 0049; insulating material is disposed between the housing and terminal); the insulator is provided with a second through-hole (Fig. 3, Par. 0037; the insulating material includes a central part having a hole 641a); the first through-hole and the second through-hole at least partially overlap when viewed along the first direction (Fig. 3; the insulation layer through-hole corresponds to the housing through hole); wherein, the first direction is an axial direction of the first through-hole; the insulator comprises a first insulation layer (first insulating layer 64a) and a second insulation layer (third insulating layer 64c; disposed on the opposite side of the first insulating layer); the first insulation layer is attached to the first housing (Par. 0049; first insulation layer is fused to the inner surface of the housing member 52) and provided between the first housing and the second insulation layer (Fig. 3); the first insulation layer has a first melting point Tm (1) and the second insulation layer has a second melting point Tm (2); wherein 0°C < Tm (2)-Tm (1) ≤ 100°C (Par. 0047; Tm (1) ranges from 60-150C, Tm (2) ranges from 160-250C. This has an overall range of 10-190C, which overlaps the claimed range; In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (See MPEP 2144.05(I))), and in the first direction, a projection of the insulator falls within the projection of the conductor (Fig. 3; the insulating material 64 partially falls within the projection of the terminal 62). Eguchi fails to teach a projection of the conductor covering the first through-hole and the second through-hole. Eguchi rather teaches a separate metal member 67 extending out of the battery cell, which indirectly covers the first and second through-holes.
However, Cao teaches an electrochemical apparatus (Page 1, Par. 3; “button-type battery”), comprising: an electrode assembly (electrode assembly 200), a housing assembly (casing 100), a conductor (conductor 114) and an insulator (insulating member 115); wherein, the housing assembly comprises a first housing (first shell assembly 110) and a second housing (second shell 120), wherein the first housing is provided with a first through hole (Page 4, Par. 5; “the body portion 112 is provided with a first through hole”); the insulator is provided with a second through-hole (Page 4, Par. 5; “the insulating member 115 is provided with a second through hole”); and in a first direction, a projection of the conductor (column portion 116) covers the first through-hole and the second through-hole (Page 4, Par. 12 “the column part 116 penetrates the first through hole”; Fig. 4, the column part 116 also covers the second through-hole).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrochemical apparatus taught by Eguchi by adding a projection to the conductor which covers the first and second through-holes, as taught by Cao. This would be done in order to connect the conductor to the body while sealing the inside of the battery, as stated in Cao (Page 2, Par. 1).
Regarding claim 3, modified Eguchi teaches the electrochemical apparatus of claim 1, wherein a first melting point Tm (1) for the first insulation layer of 60-150C, and a second melting point Tm (2) for the second insulation layer of 160-250C. This would result in an overall difference range of 10-190C, which overlaps the claimed range of 10-80C. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (See MPEP 2144.05(I)).
Regarding claim 4, modified Eguchi teaches the electrochemical apparatus according to claim 3, wherein a first melting point Tm (1) for the first insulation layer of 60-150C, and a second melting point Tm (2) for the second insulation layer of 160-250C. This would result in an overall difference range of 10-190C, which overlaps the claimed range of 30-60C. The overlapping range is prima facie obvious per MPEP 2144.05(I).
Regarding claim 5, modified Eguchi teaches the electrochemical apparatus of claim 1, wherein a ratio of a thickness T1 of the first insulation layer to a thickness T2 of the second insulation layer T1:T2 of (0.5-1.5):(1.5-3.5) in the first direction (Par. 0047). Eguchi teaches that both insulation layers may have a thickness of 30-50 μm. Setting the thickness of the second insulation layer to 50 μm to ensure maximum insulation, a thickness of the first insulation layer from 30-50 μm would result in a ratio range of 0.9:1.5 to 1.5:1.5 (
30
50
=
0.6
1
=
0.9
1.5
,
50
50
=
1
1
=
1.5
1.5
, therefore the ratio would range from 0.9-1.5:1.5), fitting the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (See MPEP 2144.05 (I)).
Regarding claim 6, modified Eguchi teaches the electrochemical apparatus of claim 1, wherein the insulator further comprises a third insulation layer (insulating layer 64b); the third insulation layer is attached between the conductor and the second insulation layer (Fig. 4; layer 64b is placed between layer 64c and the terminal); the third insulation layer has a third melting point Tm (3); wherein 0°C ≤ Tm (2)-Tm (3) ≤ 100°C (Par. 0047; Tm (3) ranges from 60-150C, Tm (2) ranges from 160-250C. This has an overall range of 10-190C, which overlaps the claimed range). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (See MPEP 2144.05(I)).
Regarding claim 7, modified Eguchi teaches the electrochemical apparatus of claim 6, wherein 100°C ≤ Tm (1) ≤ 130°C (Par. 0047; the melting point of the first insulating layer may range from 60-150C, overlapping the claimed range); 100°C ≤ Tm (3) ≤ 130°C (Par. 0047; the melting point of the third insulating layer may range from 60-150C, overlapping the claimed range; and 130°C ≤ Tm (2) ≤ 180°C (Par. 0047; the melting of the second insulting layer may range from 160-250C, overlapping the claimed range). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (See MPEP 2144.05(I)).
Regarding claim 8, modified Eguchi teaches a thickness T1 of the first insulation layer of 10-100 μm (Par. 0047); and a thickness T3 of the third insulation layer of 10-100 μm (Par. 0047). These ranges overlap the claimed ranges of 10 μm ≤ T1 ≤ 30 μm and 10 μm ≤ T3 ≤ 30 μm. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (See MPEP 2144.05(I)).
Regarding claim 9, modified Eguchi teaches the electrochemical apparatus of claim 6, wherein the third insulation layer comprises at least one selected from the group consisting of polyethylene (Par. 0083), polypropylene (Par. 0083), and modified polyolefin resin (Par. 0047; polyolefin-based resin or a copolymer thereof).
Regarding claim 13, Eguchi teaches an electric apparatus (Par. 0003; the battery as taught is rechargeable and meant for use in electric apparatuses such as mobile phones, smartphones, and notebook computers), comprising an electrochemical apparatus (Abstract; secondary battery), comprising: an electrode assembly (electrode assembly 10), a housing assembly (exterior body 50), a conductor (positive electrode terminal 62), and an insulator (insulating material 64); wherein, the electrode assembly comprises a first tab electrically connected to the conductor (first tab 11; Par. 0111); the housing assembly comprises a first housing (cup-shaped member 52) and a second housing (lid-shaped member 54) wherein the first housing is provided with a first through-hole (hole of exterior body 55; Fig. 3) the first housing and the second housing define an accommodating space (Fig. 3; Par. 0010); the electrode assembly is accommodated in the accommodating space (Fig. 3; Par. 0010); the insulator is located between the first housing and the conductor (Par. 0049; insulating material is disposed between the housing and terminal); the insulator is provided with a second through-hole (Fig. 3, Par. 0037; the insulating material includes a central part having a hole 641a); the first through-hole and the second through-hole at least partially overlap when viewed along the first direction (Fig. 3; the insulation layer through-hole corresponds to the housing through hole); wherein, the first direction is an axial direction of the first through-hole; the insulator comprises a first insulation layer (first insulating layer 64a) and a second insulation layer (third insulating layer 64c; disposed on the opposite side of the first insulating layer); the first insulation layer is attached to the first housing (Par. 0049; first insulation layer is fused to the inner surface of the housing member 52) and provided between the first housing and the second insulation layer (Fig. 3); the first insulation layer has a first melting point Tm (1) and the second insulation layer has a second melting point Tm (2); wherein 0°C < Tm (2)-Tm (1) ≤ 100°C (Par. 0047; Tm (1) ranges from 60-150C, Tm (2) ranges from 160-250C. This has an overall range of 10-190C, which overlaps the claimed range; In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (See MPEP 2144.05(I))), and in the first direction, a projection of the insulator falls within the projection of the conductor (Fig. 3; the insulating material 64 partially falls within the projection of the terminal 62). Eguchi fails to teach a projection of the conductor covering the first through-hole and the second through-hole. Eguchi rather teaches a separate metal member 67 extending out of the battery cell, which indirectly covers the first and second through-holes.
However, Cao teaches an electric apparatus (Page 1, Par. 5; the button battery is meant for use in smart wearables, such as headsets and smart watches), comprising an electrochemical apparatus (Page 1, Par. 3; “button-type battery”), which comprises an electrode assembly (electrode assembly 200), a housing assembly (casing 100), a conductor (conductor 114) and an insulator (insulating member 115); wherein, the housing assembly comprises a first housing (first shell assembly 110) and a second housing (second shell 120), wherein the first housing is provided with a first through hole (Page 4, Par. 5; “the body portion 112 is provided with a first through hole”); the insulator is provided with a second through-hole (Page 4, Par. 5; “the insulating member 115 is provided with a second through hole”); and in a first direction, a projection of the conductor (column portion 116) covers the first through-hole and the second through-hole (Page 4, Par. 12 “the column part 116 penetrates the first through hole”; Fig. 4, the column part 116 also covers the second through-hole).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrochemical apparatus taught by Eguchi by adding a projection to the conductor which covers the first and second through-holes, as taught by Cao. This would be done in order to connect the conductor to the body while sealing the inside of the battery, as stated in Cao (Page 2, Par. 1).
Regarding claim 15, modified Eguchi teaches the electric apparatus of claim 13, wherein a first melting point Tm (1) for the first insulation layer of 60-150C, and a second melting point Tm (2) for the second insulation layer of 160-250C. This would result in an overall difference range of 10-190C, which overlaps the claimed range of 10-80C. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (See MPEP 2144.05(I)).
Regarding claim 16, modified Eguchi teaches the electric apparatus according to claim 15, wherein a first melting point Tm (1) for the first insulation layer of 60-150C, and a second melting point Tm (2) for the second insulation layer of 160-250C. This would result in an overall difference range of 10-190C, which overlaps the claimed range of 30-60C. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (See MPEP 2144.05(I)).
Regarding claim 17, modified Eguchi teaches the electric apparatus of claim 13, wherein a ratio of a thickness T1 of the first insulation layer to a thickness T2 of the second insulation layer T1:T2 of (0.5-1.5):(1.5-3.5) in the first direction (Par. 0047). Eguchi teaches that both insulation layers may have a thickness of 30-50 μm. Setting the thickness of the second insulation layer to 50 μm to ensure maximum insulation, a thickness of the first insulation layer from 30-50 μm would result in a ratio range of 0.9:1.5 to 1.5:1.5, fitting the claimed range. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (See MPEP 2144.05(I)).
Regarding claim 18, modified Eguchi teaches the electric apparatus of claim 13, wherein the insulator further comprises a third insulation layer (insulating layer 64b); the third insulation layer is attached between the conductor and the second insulation layer (Fig. 4; layer 64b is placed between layer 64c and the terminal); the third insulation layer has a third melting point Tm (3); wherein 0°C ≤ Tm (2)-Tm (3) ≤ 100°C (Par. 0047; Tm (3) ranges from 60-150C, Tm (2) ranges from 160-250C. This has an overall range of 10-190C, which overlaps the claimed range). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (See MPEP 2144.05(I)).
Regarding claim 19, modified Eguchi teaches the electric apparatus of claim 18, wherein 100°C ≤ Tm (1) ≤ 130°C (Par. 0047; the melting point of the first insulating layer may range from 60-150C, overlapping the claimed range); 100°C ≤ Tm (3) ≤ 130°C (Par. 0047; the melting point of the third insulating layer may range from 60-150C, overlapping the claimed range; and 130°C ≤ Tm (2) ≤ 180°C (Par. 0047; the melting of the second insulting layer may range from 160-250C, overlapping the claimed range). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (See MPEP 2144.05(I)).
Regarding claim 20, modified Eguchi teaches a thickness T1 of the first insulation layer of 10-100 μm (Par. 0047); and a thickness T3 of the third insulation layer of 10-100 μm (Par. 0047). These ranges overlap the claimed ranges of 10 μm ≤ T1 ≤ 30 μm and 10 μm ≤ T2 ≤ 30 μm. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (See MPEP 2144.05(I)).
Claims 2 & 14 are rejected under 35 U.S.C. 103 as being unpatentable over Eguchi and Cao, and further in view of Ko et al. (US 2021/0399373 A1).
Regarding claim 2, modified Eguchi teaches the electrochemical apparatus of claim 1, wherein the first insulation layer comprises at least one selected from the group consisting of polyethylene (Par. 0083), polypropylene (Par. 0083), and modified polyolefin resin (Par. 0047; polyolefin-based resins and copolymers thereof). Eguchi fails to teach the second insulation layer comprising at least one of the claimed materials. The requirements of Eguchi for the second insulation layer are not limiting, however, as Eguchi states that a material with a high melting point may be used, and provides a polyamide-based material as an example.
However, Ko teaches a second insulation layer (thermoplastic resin layer 530) comprising at least one of polypropylene, polyethylene, and polyvinyl chloride (Par 0064).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the polyamide second insulation layer taught by Eguchi by changing the material to polypropylene, polyethylene or polyvinyl chloride, as taught by Ko. These materials would be seen as valid replacements for Eguchi’s second insulation layer, as the thermoplastic resin layer would still have a higher melting point than that of the first insulation layer (thermosetting resin layer), as stated in Ko (Par. 0064; “the predetermined temperature at which the thermoplastic resin layer 530 melts may be a temperature exceeding the temperature of heat for curing the first thermosetting resin layer 510).
Regarding claim 14, modified Eguchi teaches the electric apparatus of claim 13, wherein the first insulation layer comprises at least one selected from the group consisting of polyethylene (Par. 0083), polypropylene (Par. 0083), and modified polyolefin resin (Par. 0047; polyolefin-based resins and copolymers thereof). Eguchi fails to teach the second insulation layer comprising at least one of the claimed materials. The requirements of Eguchi for the second insulation layer are not limiting, however, as Eguchi states that a material with a high melting point may be used, and provides a polyamide-based material as an example.
However, Ko teaches a second insulation layer (thermoplastic resin layer 530) comprising at least one of polypropylene, polyethylene, and polyvinyl chloride (Par 0064).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the polyamide second insulation layer taught by Eguchi by changing the material to polypropylene, polyethylene or polyvinyl chloride, as taught by Ko. These materials would be seen as valid replacements for Eguchi’s second insulation layer, as the thermoplastic resin layer would still have a higher melting point than that of the first insulation layer (thermosetting resin layer), as stated in Ko (Par. 0064; “the predetermined temperature at which the thermoplastic resin layer 530 melts may be a temperature exceeding the temperature of heat for curing the first thermosetting resin layer 510).
Allowable Subject Matter
Claims 10-12 are 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.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 10 of the present application would be found allowable because prior art fails to teach the conductor comprising a second portion which is connected to an edge of the first portion; and in the first direction, a thickness of the first portion is H1 and a thickness of the second portion is H2, wherein H1>H2. Cao is the closest prior art reference. However, the reference neither teaches nor reasonably suggests the combination of references claimed.
Cao teaches a conductor (conductor 114) which is located in an accommodating space (Fig. 4), wherein the conductor comprises a first portion connected to an insulator (insulating member 115; Pg. 2, Par. 1). The conductor taught by Cao does not include a second portion which is connected to a edge of the first portion, and has a thickness which is less than that of the first portion. Based on the configuration of Cao, it would be impermissible hindsight to modify the conductor taught by Cao by incorporating a second portion. As Cao is the closest prior art reference, one of ordinary skill in the art would not have known to make this modification. Therefore, the feature is considered to be allowable. Claims 11-12 would be allowable because they are dependent on claim 10.
Response to Arguments
Applicant's arguments filed 8/17/2026 regarding claims 1-2 & 13-14 have been fully considered but they are not persuasive.
Regarding claims 1 & 13, Applicant argues that Eguchi fails to teach a projection of the insulator falling within the projection of the conductor. However, this limitation does not require the projection of the insulator falling entirely within the projection of the conductor. As the insulating material 64 does overlap with the positive electrode terminal 62, the insulating material thus falls within the projection of the conductor.
Regarding claims 2 & 14, Applicant argues that Ko teaches away from a second insulation layer comprising one of the claimed materials, as the materials taught by Ko would violate the limitation of 0C < Tm(2)-Tm(1) <= 100C in claims 1 & 13. However, Eguchi teaches the melting point differences between two insulating layers, as stated in the rejection of record. The Examiner also notes that the melting point of a polymer may be modified by altering its structure, and one of ordinary skill would know that it is possible to alter the melting point of the PP/PE/PVC material to fit the claimed melting point difference range.
Regarding claims 5 & 17, Applicant argues that Eguchi fails to teach the claimed thickness ratio range due to the criticality of the claimed range. However, as Eguchi teaches thickness ranges for both insulation layers and motivation to select values which fit a ratio within the claimed range, as stated in the rejection of record, it is the Examiner’s position that Eguchi teaches the claimed limitation.
Regarding claim 8, the Examiner notes that the recitation of “T3” is consistent with that recited in the claim, as claim 8 does not recite “T2.”
Regarding Applicant’s arguments regarding numerical range claims, Applicant argues that the claimed Tm(2)-Tm(1) range of 0C-100C is critical and not an arbitrary selection. However, the Examiner notes that Eguchi teaches a range of 10C-190C, which has significant overlap and supports a prima facie case of obviousness. Thus, it is still the Examiner’s position that Eguchi renders obvious this limitation.
Applicant’s arguments, filed 8/17/2026, with respect to claims 10-12 have been fully considered and are persuasive. The rejections of claims 10-12 have been withdrawn.
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 CAMERON M BAIRD whose telephone number is (571)272-9742. The examiner can normally be reached 8am-5pm.
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, Matthew Martin can be reached at (571) 270-7871. 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.
/CAMERON M BAIRD/ Examiner, Art Unit 1728
/MATTHEW T MARTIN/ Supervisory Patent Examiner, Art Unit 1728
Prosecution Insights