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 .
Election/Restrictions
Applicant's election with traverse of Species I and sub-Species A in the reply filed on 6/4/26 is acknowledged. The traversal is on the ground(s) that not all claims are generic, citing that claim 1 corresponds to both Species I and II. The examiner cedes that claims 1-6, 12, and 14-31 are generic as admitted by the applicant. The applicant also argues that Species A appears to be generic with respect to all other species. This is not persuasive because no specific argument is provided for this claim. The applicant additionally indicates that claim 11 corresponds to Species I, to which the examiner agrees.
The requirement is still deemed proper and is therefore made FINAL.
Claims 7-10, 13 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 6/4/26.
Claims 1-6, 11-12, 14-31 are under examination.
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.
Claims 1, 2, 12, 14-31 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US-20220271344-A1 (C).
Regarding claim 1, C teaches:
A battery comprising (entirety of Fig. 4): an electrode assembly (10) comprising a positive electrode plate (210), a separator (212), and a negative electrode plate (211); a case (20) accommodating the electrode assembly, and electrically connected to the negative electrode plate [0217]; a rivet terminal (50) electrically connected to the positive electrode plate ([0238] which teaches current collector (40) is electrically connected to the upper part of the electrode assembly (10) and the terminal (50)). While C teaches the rivet is in the top part of the case, the terms top and bottom are relative and the part of the case that the rivet is embedded in can easily be designated as the bottom surface of the case. C teaches a cap plate (30) sealing a lower portion of the housing [0225]. As previously stated, the terms upper and lower are relative, so to remain consistent with designating the upper part of the case as the lower part, the lower part must be the upper part. This means the cap plate of C seals the upper portion of the case under this claim mapping. C teaches a positive electrode collector plate (40) below the electrode assembly, and comprising a terminal connection part (43) connected to the rivet terminal, an electrode plate connection part (42) connected to the positive electrode plate, and a fuse part (current interruption portion G [0254]) between the terminal connection part and the electrode plate connection part.
Regarding claim 2, C teaches the fuse part defines a fuse hole (S) along a portion of an outer circumference of the terminal connection part (see Fig. 21), and comprises a connection part (44) electrically connecting the terminal connection part (43) to the electrode plate connection part (42).
Regarding claim 12, C teaches the terminal connection part protrudes upwardly from the electrode plate connection part. This can be said because the electrode connection part is shown in Fig. 7 to be level than the electrode connection part so the welds must be lower than the electrode connection part, and according to the claim mappings in the rejections presented, the top and bottom of the battery are flipped. This means the terminal connection part is higher than the electrode connection part and therefore protrudes from the electrode connection part.
Regarding claim 14, C teaches the rivet terminal comprises: a head (51) below a bottom part of the case; and a coupling part (52a) extending from a center of the head toward an interior of the case.
Regarding claim 15, C teaches the coupling part is welded to the terminal connection part [0246].
Regarding claim 16, C teaches the bottom part of the case defines a terminal hole through (insert portion goes in a hole [0265]) which the rivet terminal passes, wherein an upper end of the coupling part (51) has a diameter that is greater than a diameter of the terminal hole (see Fig. 7), and wherein a lower end of the coupling part (52a) has a diameter that is less than the diameter of the terminal hole (see Fig. 7).
Regarding claim 17, C teaches a first gasket (G2 [0278]) between the coupling part and the bottom part of the case at the terminal hole.
Regarding claim 18, C teaches a lower end (GB) of the first gasket extends between the bottom part of the case and the head (see Fig. 7, a part of the insert gasket (GB) is between the head and the case).
Regarding claim 19, C teaches an insulation member (GA) between the head and the bottom part of the case.
Regarding claim 20, C teaches a first gasket (GB) between the coupling part and the bottom part of the case at the terminal hole, wherein the insulation member contacts an outer circumference of the first gasket (GB is the part of G2 that is inserted in the hole in the case, GA is the part on the outside, so GA extends from GB meaning it contacts the outer circumference of GB).
Regarding claim 21, C teaches an outer circumference of the insulation member extends beyond a perimeter of the head (see Fig. 7, GA extends beyond 51).
Regarding claim 22, C teaches the case further comprises: a beading part (21) recessed from a lower portion of the cap plate toward an interior of the case; and a crimping part (22) bent from an upper portion of the cap plate toward the interior of the case (see Fig. 23).
Regarding claim 23, C teaches the cap plate comprises: a first area above the electrode assembly (see annotated Fig. 23 below, area inside dotted box which encloses a part of 30, indicated by “1st”); a second area outside the first area (see annotated Fig. 23 below, area inside solid box which partly contains 30, labeled “2nd”), and protruding upwardly further than the first area (part of 22 extends above 30); and a third area that is inclined (sloping part of 30 between 1st and 2nd area, see annotated Fig. 23, labeled “3rd”), and that connects the first area to the second area.
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Regarding claim 24, C teaches a vent (31) is provided in the first area.
Regarding claim 25, C teaches the second area is between the beading part and the crimping part (a part of the second area is between 21 and 22).
Regarding claim 26, C teaches a second gasket (G1) between the second area and the case, and contacting an inside of the beading part and the crimping part (see zoomed in part of Fig. 23).
Regarding claim 27, C teaches an end of the second gasket between the cap plate and the crimping part extends toward the interior of the case further than an end of the crimping part (see annotated Fig. 23 below).
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Regarding claim 28, C teaches an end of the second gasket between the cap plate and the beading part protrudes toward the interior of the case further than the beading part (see annotated Fig. 23 below).
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Regarding claim 29, C teaches a negative electrode collector plate (70) above the electrode assembly, and comprising a planar part to which the negative electrode plate is connected, and an extension part bent upwardly from the planar part (see annotated Fig. 23 below).
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Regarding claim 30, C teaches the extension part is electrically connected to the beading part ([0076] and Fig. 23).
Regarding claim 31, C teaches the planar part defines a through-hole (see Fig. 23 where 70 has a gap in the center).
Claim Rejections - 35 USC § 103
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.
Claims 3-6, 11 are rejected under 35 U.S.C. 103 as being unpatentable over US-20220271344-A1 (C).
Regarding claim 3, C teaches the connection part (44) with a reduced cross-sectional section (G) that serves as a fuse. C teaches the area of the fuse is optimized to generate heat to melt the fuse at a specified current while not increasing resistance too much [0250], [0259].
C does not teach a width of the connection part (44) or the fuse (G).
It would have been obvious to one of ordinary skill in the art at the time of filing of the instant invention to optimize the thickness (and therefore the cross-sectional area) of the fuse of C in order to achieve a fuse that melts at the appropriate current while not increasing resistance. It would have been obvious to do because C teaches the cross-sectional area impacts both resistance and melting temperature, so the adjustment of this would be a matter of routine optimization.
Through the process of routine optimization, the thickness of the fuse would fall inside the range of 3 mm to 5 mm which is the claimed range of the instant claim 3, rendering claim 3 of the instant unpatentable.
Regarding claim 4, C teaches the connection part (44) with a reduced cross-sectional section (G) that serves as a fuse. C teaches the area of the fuse is optimized to generate heat to melt the fuse at a specified current while not increasing resistance too much [0250], [0259]. C teaches the fuse hole forms a notch in the connection part that creates the fuse part. The width of the notch is the distance between the two arrows in the annotated Fig. 18 below, and this is doubled to account for the notch on the other side.
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C is silent to the width of this notch in the radial direction.
It would have been obvious to one of ordinary skill in the art at the time of filing of the instant invention to optimize the width of the notch (and therefore the cross-sectional area of the fuse) of C in order to achieve a fuse that melts at the appropriate current while not increasing resistance. It would have been obvious to do because C teaches the cross-sectional area which is affected by the width of the notch on either side determines the cross-sectional area of the fuse which impacts both resistance and melting temperature, so the adjustment of this would be a matter of routine optimization.
In the process of optimization, one of ordinary skill in the art would have arrived at a pair of notches that have a total width of about 1mm to about 4 mm. which is the claimed range of the width of the hole of the instant claim 4.
Regarding claim 5, C does not teach a specific angle between the two attachment points between 44 and 41.
C does teach in another embodiment that there may be multiple connection parts (44) which are equally spaced (Fig. 15). C teaches the amount of connection portions may be adjusted based on the resistance of the battery [0247].
It would have been obvious to one of ordinary skill in the art at the time of filing of the instant invention to include multiple connecting portions in the current collector of C in order to adjust for the resistance of the battery of C. It would have been obvious to do because doing so would amount to no more than combining elements of different embodiments of the same invention according to a taught motivation of adjusting the number of connecting portions based on the resistance of the battery.
In Fig. 15 C teaches a case where four portions are provided. The angle between the equally spaced 4 portions must be about 90 degrees, which fall inside the claimed range of 60 degrees to 100 degrees of the instant claim 5. Therefore, claim 5 is unpatentable over C.
Regarding claim 6, C teaches the diameter of the terminal coupling portion is substantially equal to or greater than the diameter of the flat portion formed on 50 [0242]. C teaches the flat portion has a diameter between 3 and 14 mm. [0117]. C teaches the current collector may have an outer diameter of 33 to 98.5% of the inner diameter of the housing [0100]. C teaches the outer diameter of the battery housing is 46 mm [0323], and the inner diameter of the housing must be less than this. This means the outer diameter of the current collector has a range of values between less than 15.2 mm. and less than 45.31 mm. This means the range of ratios of the radius of the terminal coupling portion to the outer radius of the current collector includes at least 0.067 to 0.99. This range encompasses the claimed range of the instant claim 6 of 1/7 to 1/5, rendering claim 6 unpatentable over C.
Regarding claim 11, C teaches the electrode connection parts have the same thickness [0246]. C teaches a relationship between thickness of material and the prevention of deformation when welding that material [0223]. C teaches the electrode connection parts are welded to the electrode terminals [0236]. C teaches the terminal connection parts are welded to the terminals [0269]. C teaches that avoiding deformation is important to prevent short circuits [0007].
C does not teach a difference in connection part thickness between the electrode connection and the terminal connection parts.
It would have been obvious to one of ordinary skill in the art at the time of filing of the instant invention to optimize the thicknesses of the electrode and terminal connection parts in order to achieve the proper thicknesses to avoid deformation during welding. It would have been obvious to do because C teaches motivation to avoid deformation and also teaches a relationship between the thickness of welded parts and deformation.
In the process of this optimization, one of ordinary skill in the art would have had a reasonable chance of arriving at an arrangement where the terminal connection part has a thickness that is greater than a thickness of the electrode plate connection part. Therefore, claim 11 is unpatentable over C.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over US-20220271344-A1 (C) in view of US-20150044526-A1 (G).
As an alternative rejection for claim 3:
C teaches the connection part (44) with a reduced cross-sectional section (G) that serves as a fuse. C teaches the area of the fuse is optimized to generate heat to melt the fuse at a specified current while not increasing resistance too much [0250], [0259].
C does not teach a width of the connection part (44) or the fuse (G).
G teaches a fuse (HFA1) for a battery terminal with a remaining width of 1.6 mm. to 2.4 mm on either side of the fuse hole [0051]. G teaches the purpose of this range of widths allows for proper melting by the designed current [0051].
It would have been obvious to one of ordinary skill in the art at the time of filing of the instant invention to use the combined width of the fuse sections of G as the width for the fuse of C in order to achieve the desired property of melting at the designed temperature. It would have been obvious to do because C provides no specific dimensions and G provides a set of dimensions that is capable of providing the desired effect of C which is melting the fuse at a designed current.
The range of the total width of G is 3.2 mm. to 4.8 mm. which falls inside the claimed range of 3 to 5 mm. of the instant claim 3, rendering it unpatentable.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US-20240128605-A1 which teaches a terminal connection part that matches unclaimed aspects of the applicant’s invention (144c’).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LOUISE JAMES IANNUCCI whose telephone number is (571)272-6917. The examiner can normally be reached 7:00 A.M. - 5:00 P.M..
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, Allison Bourke can be reached at (303) 297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/LOUISE JAMES IANNUCCI/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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