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 regarding Application No.18/414,383 to Park et al., assigned to LG Energy Solution Ltd., Seoul, Korea, published as U.S. PG Publication 2024/0162557A1 on 05/16/2024 is in response to applicants’ arguments/remarks and claim amendment filed 07/02/2026. It is also in response to information disclosure statement, IDS, filed 04/21/2026. Applicants’ response is given full consideration.
This application is continuation of Appl. No. 18/109,027 filed 02/13/2023 which claims foreign priority to KR10-2022-0018633 filed 02/14/2022.
Status of the Claims
In the response filed 07/02/2026 applicant has amended the claims of the application. Claims 1 and 10 are amended by the addition of the limitation of the venting part includes a notch which is “S-shaped and configured to separate the venting part into two separate parts.” The status of the claims stand as follows:
Currently amended 1, 10
Previously presented 2, 4-9, 11-12
4.3 Canceled 3, 13-14
Claims 1-2, 4-12 currently amended in this application. All the claims are under full consideration.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 04/21/2026 has been placed in the application file and the information referred to therein has been considered by the examiner. A duly initialed and signed copy is attached herewith. Accordingly, information disclosure statement(s) is/are being considered if signed and initialed by Examiner.
Claim Rejections - 35 USC §103
The text of those sections of Title 35 U.S. Code not included in this section can be found in the prior Office Action.
Claim 1-2, 4-9, 11 are rejected under 35 U.S.C. 103 as being unpatentable over Masuda Wataru et al. (JP2021-170481; called JP '481) in view of Kim et al. (U.S. PG Publication 2010/0173178) and Nemoto et al. (U.S. PG Publication 2010/0032039; cited in the IDS filed 04/21/2026 )
Regarding claim 1 JP '481 discloses a rechargeable lithium-ion secondary battery 20 (JP '481 paragraph 0001, 0006, 0022, 0023) having a cell case 21 (JP '481 paragraph 0006), the cell case 21 has a flat rectangular parallelepiped extending in the left-right direction (JP "481 Fig. 5, paragraph 0034) including six flat surfaces that are first to sixth surfaces to form a hexahedral shape (JP '481 Fig. 5), considered equivalent to a prismatic secondary battery. The upper surface 21a and lower surface 21b are considered equivalent to the first and third surfaces, the left side surface and the right-side surface are considered equivalent to the second and fourth surfaces, and the front surface and back surface are considered equivalent to the fifth and sixth surf aces. The first and third surfaces have an area wider than the second and fourth surfaces, and the fifth and sixth surfaces have the widest areas (JP '481 Fig. 5).
JP '481 discloses a positive terminal 22a and negative terminal 22b are disposed on the upper surface 21a, equivalent to the first surface (JP '481 Fig. 5, paragraph 0033, 0034).
JP '481 discloses release valve 23, considered equivalent to the venting part, is disposed on the lower surface 21b (JP '481 Fig, 5, paragraph 0035) considered equivalent to the third surface, which is farthest surface from the positive terminal and negative terminal 22a, 22b (JP '481 Fig. 5), and the release valve 23, i.e., venting part, provided on the lower part farthest from the terminals 22a, 22b, does not overlap with the positive electrode terminal and the negative electrode terminal along a vertical axis parallel to the second or fourth surface (JP '481 Fig. 5).
JP '481 discloses the release valve 23 has a circular shape (JP '481 Fig. 5) and is silent that the release valve has a long side and a short side. Kim discloses a rechargeable battery include an electrode assembly, a case in which the electrode assembly is accommodated and a cap assembly combined to the case (Kim Fig. 1, paragraph 0008, 0018), and the battery has a prismatic shape (Kim paragraph 0040) the case having first to sixth surfaces (Kim Fig. 1, 6). The cap plate has a vent portion 126 (Kim paragraph 0054), and the vent portion 126 has a long side and a short side, and the long side of the vent portion is disposed parallel to a longitudinal direction of the cover plate and the lower plate opposite the cover plate (Kim Fig. 1), and equivalent to the claimed third surface. The venting part 126 has a notch to be openable depending on a set internal pressure (Kim Fig. 1, paragraph 0054) and the notch has a shape of the number 8 (Kim Fig. 1, 6).
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention o have modified the circular-shaped release valve 23 of JP '481 (JP '481 Fig, 5, paragraph 0035) by the elongated vent portion of Kim having a long side and a short side and including a notch which is non-linear as disclosed by Kim (Kim Fig. 1, 6) since such a modification entails only a change in shape of the release valve, and according to MPEP a change in shape or size is generally considered as being with the level of ordinary skill in the art. See MPEP 2144.04(IV).
Kim is silent that the venting part includes a notch which is S-shaped and configured to separate the venting part into two separate parts.
Nemoto discloses an excessive pressure release valve 1 (Nemoto paragraph 0045) that can be used as safety valve and check valve for battery cells (Nemoto paragraph 0100). The pressure release valve has a reversible openable and closeable slit 11 (Nemoto paragraph 0011, 0043), the slit 11 can be S-shaped slit (Nemoto Fig. 3(C), paragraph 0056) disclosed among other shapes, and will separate into two parts when split under the pressure of the battery cell.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to have modified the elongated vent portion of Kim (Kim Fig. 1, 6) by the S-shaped slit of valve of Nemoto since such a modification entails only a change in shape of the release valve, and according to MPEP a change in shape or size is generally considered as being with the level of ordinary skill in the art. See MPEP 2144.04(IV).
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JP’481 Fig. 5
Regarding claim 2 JP '481 discloses the cover plate 21a serves as the top portion of the case 21 i.e. the first surface (JP '481 Fig. 5), and the positive terminal 22a, and the second terminal 22b are disposed on the first surface which is an upper surface of the prismatic cell (JP "481 Fig. 5, paragraph 0033).
Regarding claim 4 JP '481 discloses the release valve 23, equivalent to the venting part, is provided at a lower portion of the lower surface 21b of the cell case (JP 481 Fig. 5, paragraph 0052, 0053), the lower part considered equivalent to the third surface.
Regarding claim 5 JP '481 discloses a relief valve, equivalent to the venting part, is provided in the lower part of the cell casing (JP '481 paragraph 0007), the lower part of the cell casing is equivalent to the bottom surface, and the electrolyte that has accumulated at the bottom of the cell case, rather than the gasified electrolyte that has accumulated at the top of the cell case, is allowed to flow out of the cell case (JP '481 paragraph 0007); thus, it is pulled to the ground by gravity from the bottom surface of the prismatic cell.
Regarding Claim 6 JP '481 discloses a relief valve, equivalent to the venting part, is provided in the lower part or surface 21b of the cell casing 21 (JP '481 paragraph 0007, 0035), equivalent to the third surface. JP '481 discloses the position of the relief valve 23 is slightly shifted from the middle portion of the third surface towards one of the side surfaces, and that JP '481 is silent that the relief valve is at a middle portion of the third surface. However, it would have been obvious to a person of ordinary skill in the art to have made the relief valve disposed at a middle portion of the lower or third surface, rather than being shifted slightly to one of the two sides of the cell case since such a slight change towards the middle portion of the cell is a mere shift in position and would not have modified the operation of the cell. According to the MPEP shifting the position of parts within a device will not render the device patentable if the position change does not alter the device's operation (see In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950); MPEP § 2144.04 VI. C.).
Regarding claim 7 JP '481 discloses the release valve 23, considered equivalent to the venting part, is disposed on the lower surface 21b (JP '481 Fig. 5, paragraph 0035) considered equivalent to the third surface, and the lower surface 21b is a flat surface (JP '481 Fig. 5).
Regarding claim 8 JP '481 discloses the battery cell 20 has an electrode body 25 formed by stacking a positive electrode sheet, a negative electrode sheet, and a separator (JP '481 paragraph 0033), considered equivalent to the stack type electrode assembly, and the electrode body contained in a cell case 21 (JP '481 paragraph 0033).
Regarding Claim 9 Kim discloses the positive electrode 111 and the negative electrode 112 are wound with the separator 113, which is the insulator, interposed therebetween to form the electrode assembly 110 having a jelly-roll shape (Kim paragraph 0050)
Regarding claim 11 Kim discloses vent portion 126 (Kim Fig. 1, 6), and the vent portion 126 has a notch dividing the vent portion and the notched portion has a thickness that is less than the thickness of the surrounding since Kim discloses be openable depending on a set internal pressure and it is weaker than the other part of the vent portion (Kim Fig. 1, paragraph 0054).
Claim 10, 12 are rejected under 35 U.S.C. 103 as being unpatentable over Lee (U.S. PG Publication 2023/0216134; called Lee '134) in view Nemoto et al. (U.S. PG Publication 2010/0032039; cited in the IDS filed 04/21/2026)
Regarding claim 10 Lee '134 discloses a rechargeable battery include an electrode assembly, a case in which the electrode assembly is accommodated and a cap assembly combined to the case (Lee '134 paragraph 0010, 0038), and the battery has a prismatic shape (Lee '134 paragraph 0038). The battery case includes six flat surfaces that are first to sixth surface to from a hexahedral shape (Lee '134 Fig. 1), the first and third surface having an area wider than the second and fourth surfaces, and the fifth and sixth surfaces having the widest area (Lee Fig. 1).
The positive terminal and negative terminal are disposed opposite to each other on the surfaces equivalent to the second and fourth faces (Lee Fig. 1), equivalent to a positive electrode terminal disposed on one of the second and fourth surfaces and a negative electrode terminal disposed on other of the second and fourth surfaces.
Lee '134 discloses the battery has a safety vent 160, considered equivalent to the venting part, disposed on one of the two smaller surface and on a surface other than the surface that includes the terminals 140, 150 and which has a wider surface area (Lee '134 Fig. 4) considered equivalent to the third surface. The venting part of safety vent has a long side and a short side, the long side is disposed parallel to the longitudinal direction of the third surface, and the venting part does not overlap with the positive terminal and the negative terminal along a vertical axis parallel to the second and fourth surfaces (Lee '134 Fig. 4).
Lee '134 discloses the safety vent 160 may be formed with a notch 160A to induce bursting (Lee '134 Fig. 4, paragraph 0050), but Lee is silent the notch is S-shaped and configured to separate in the venting part into two separate parts.
Nemoto discloses an excessive pressure release valve 1 (Nemoto paragraph 0045) that can be used as safety valve and check valve for battery cells (Nemoto paragraph 0100). The pressure release valve has a reversible openable and closeable slit 11 (Nemoto paragraph 0011, 0043), the slit 11 can be S-shaped slit (Nemoto Fig. 3(C), paragraph 0056) disclosed among other shapes.
Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to have modified the venting portion 160 to have the notch 160A that has S-shape as disclosed by Nemoto (Nemoto Fig. 3 C, paragraph 0056) since such a modification entails only a change in shape of the release valve, and according to MPEP a change in shape or size is generally considered as being with the level of ordinary skill in the art. See MPEP 2144.04(IV).
Regarding claim 12 Lee '134 disclose the safety vent may be formed with a notch 160A to induce bursting, the notch is in the center portion and dividing the safety vent (Lee '134 Fig. 4, paragraph 0050), and the notch inducing bursting (Lee '134 paragraph 0050) since it is weaker having a thickness that is less than the surrounding. Thus, the notch is weaker having a thickness that is less than the surrounding.
Response to Argument
In the response filed 07/02/2026 Applicant traverses the rejection of the claims presented in the last non-final Office action dated 04/02/2026. Applicant argues that the reference of Kim does not disclose S-shaped notch and combined teaching of Lee ‘134 and Kim would not disclose or render obvious the S-shaped notch of amended claim 1 and 10. Examiner notes that the previously presented rejection of both claim 1 and 10 are modified in view of the amendments of the claims which now recite the venting part include a notch which is S-shaped and configured to separate the venting part into two separate parts.
The rejection is modified by the newly applied reference of Nemoto which discloses a pressure release value that has an S-shaped slit (Nemoto Fig.3 C, paragraph 0056) equivalent to the venting part and which separates into two part when opening under the internal pressure of the battery cell .
Therefore the combined teaching of Lee ‘134, Kim and Nemoto for claim 1 and the combined teaching of Lee ‘134 and Nemoto for claim 10 renders the claimed invention obvious as presented above in this Office action. The Office action is made final.
Conclusion
THIS ACTION IS MADE FINAL. 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 OMAR M KEKIA whose telephone number is (571)270-5918. The examiner can normally be reached 9:00am-5:00 pm,.
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/JONATHAN G JELSMA/Primary Examiner, Art Unit 1722
/OMAR M KEKIA/Examiner, Art Unit 1722
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