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 § 112
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 10 and 11 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.
Claim 10 recites “the insulating film” and is dependent on claim 1 which recites “the insulating member”. It is unclear if these are referring to the same component or two different components. Further clarification and/or appropriate correction is required.
Claim 11 recites “the insulating layer” and is dependent on claim 1 which recites “the insulating sealing member”. It is unclear if these are referring to the same component or two different components. Further clarification and/or appropriate correction is required.
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) 1-8, 10, and 11 is/are rejected under 35 U.S.C. 102(a)(1)/102(a)(2) as being anticipated by Peng (US 20210384576 A1).
Regarding claim 1, Peng discloses a secondary battery comprising (See Figs. 1, 2, 3 and 5 [0002]):
an outer package member (see Figs. 3 and 5, 10, 101 and 102) having an electrically conductive property ([0073]), the outer package member having a through hole (center portion covered by 30 and 40, see Fig. 2);
an electrode terminal ( 30 and 40 which includes 302 , see Fig. 5 [0072]) disposed on an outer side of the outer package member and blocking the through hole;
an insulating sealing member (50 [0074]) disposed between the outer package member (10, 101, 102) and the electrode terminal (30);
a battery device (See Fig. 7, 20, [0073]) contained inside the outer package member (10); and
an insulating member (90, see Fig. 7 [0103] analogous structure shown in Fig. 5 and /or an insulating layer can be provided between the inner wall of the top cover 102 and the second tab 202, so as to improve the reliability of the electrical connection between the second tab 202 and the conductive member 30 [0090]) disposed between the outer package member (10) and the battery device (20), wherein
the outer package member (10) includes a recessed part (see Fig. 5) in which the through hole is provided (center portion covered by 30 and 40, see Fig. 2),
and, in the recessed part, the outer package member is bent to be recessed inward,
the recessed part has an opposed surface opposed to the battery device, and
the insulating member (90, see Fig. 7 [0103] analogous structure shown in Fig. 5 and /or an insulating layer can be provided between the inner wall of the top cover 102 and the second tab 202, so as to improve the reliability of the electrical connection between the second tab 202 and the conductive member 30 [0090]) covers the opposed surface and is fixed to the opposed surface.
Regarding claims 2 and 3, Peng discloses all of the claim limitations as set forth above.
In addition, Peng discloses wherein the insulating member (90, see Fig. 7 [0103] analogous structure shown in Fig. 5 and /or an insulating layer can be provided between the inner wall of the top cover 102 and the second tab 202, so as to improve the reliability of the electrical connection between the second tab 202 and the conductive member 30 [0090]) is extended to both an inner side and outer side relative to the opposed surface without closing the through hole.
Regarding claim 4, Peng discloses all of the claim limitations as set forth above.
In addition, Peng discloses wherein the electrode terminal (30 and 40, see Fig. 5, 40 and 30 includes 302) is contained inside the recessed part.
Regarding claim 5, Peng discloses all of the claim limitations as set forth above.
In addition, Peng discloses wherein the outer package member (10) includes a container part (101, see Figs. 3 and 5) having an opening, and containing the battery device inside (20), and a cover part (102, see Figs. 3 and 5) having the recessed part (see Fig. 5) and closing the opening, and the cover part (102) and the container part (101) are joined ([0071]) to each other.
Regarding claim 6, Peng discloses all of the claim limitations as set forth above.
In addition, Peng discloses the battery device (see Fig. 2) includes a first electrode (202) and a second electrode (201), the first electrode (202) is electrically coupled ([0092]) to the electrode terminal (30 and 40 which includes 302 , see Fig. 5 [0072]) , and the second electrode (201) is electrically coupled to the outer package member (101) ([0092]).
Regarding claim 7, Peng discloses all of the claim limitations as set forth above.
In addition, Peng discloses wherein the outer package member has a flat
and columnar three-dimensional shape (See Fig. 2).
Regarding claim 8, Peng discloses all of the claim limitations as set forth above.
In addition, Peng discloses wherein the outer package member (101) comprises a metal can ([0073] metal can shape see Fig. 5).
Regarding claim 10, Peng discloses all of the claim limitations as set forth above.
In addition, Peng discloses wherein the insulating film is adhered to the opposed surface, with or without an adhesive layer ([0090]).
Regarding claim 11, Peng discloses all of the claim limitations as set forth above.
In addition, Peng discloses wherein the insulating sealing member (50 [0074]) extends continuously and is fixed to a top surface of a cover part of the outer package member, outside of the recessed part.
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) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Peng (US 20210384576 A1) as applied to claims 1-8, 10, and 11 above and in further view of Lee ( US 20220352580 A1).
Regarding claim 9, Peng discloses all of the claim limitations as set forth above.
Peng discloses that the battery is a button-type battery ([0067]), however Peng does not disclose wherein the secondary battery comprises a lithium-ion secondary battery.
Lee discloses a button cell can comprise a variety of button-type battery ([0040]) materials include lithium ion battery materials ([0003]).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the button-type battery of Peng by using the lithium-ion battery materials as disclosed by Lee because Lee discloses that Li-ion battery materials are known to use in a button-type battery.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVINA PILLAY whose telephone number is (571)270-1180. The examiner can normally be reached Monday-Friday 9:30-6:00.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey T Barton can be reached at 517-272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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DEVINA PILLAY
Primary Examiner
Art Unit 1726
/DEVINA PILLAY/ Primary Examiner, Art Unit 1726
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