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 Status
Claims 1 and 7 have been amended. Claims 2-6 and 8-18 are pending. Claims 1-18 have been rejected.
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.
Claims 1-12 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated
by U.S. Pre-Grant Publication No. 2013/0065100, hereinafter Kim.
Regarding claim 1, Kim teaches a secondary battery (Fig. 2: 100) comprising:
an electrode assembly (10) comprising a first electrode plate (11), a separator (13), and a second electrode plate (12);
a first terminal (41) connected to the first electrode plate (11);
a second terminal (42) connected to the second electrode plate (12);
a case (20) accommodating the electrode assembly (10); and
a cap plate (Fig 2: 30 and Fig 3: 30, 51, 52, 61, and 62) sealing the case (20), the first and
second terminals (41 and 42) being exposed outside the case (20) through the cap plate (Fig 2: top of 41 and 42), the cap plate (30, 51, 52, 61, and 62) (fig. 2-3) has:
a flat first surface (annotated figure below as 1);
a flat second surface (annotated below as 2 is parallel and opposite to
first surface) opposite to the first surface, a safety vent (34: fig. 3) being coupled to the second surface (second surface extends to and is in contact with 34, see 30 in Fig 5);
a third flat surface (annotated below as 3 is opposite to the first surface
and spaced apart from the second surface opposite to the first surface and spaced apart from the second surface;
a stress reducing part (51, 52, 61 and 62) integrally extending from the
first surface toward the electrode assembly between the second surface and the third surface, the stress reducing part having a thickness from the first surface that is greater than a thickness from the first surface to the second surface and greater than a thickness from the first surface to the third surface (Fig 3: 51, 52, 61, and 62 are parallel to the first surface and continue downward towards the electrode assembly, additionally, thicknesses of 51 and 61 are greater than thickness of 30 because they extend above and below 30); and
a fourth flat surface (annotated below as 4 is parallel and opposite to first
surface while being spaced apart from case 20) opposite to the first surface (annotated 1 below) and spaced apart from the case (20) at a periphery of the stress reducing part (51, 52, 61, and 62),
wherein the third flat surface (annotated below as 3 is parallel and opposite to
first surface) is coupled to the case (20) at a periphery of the stress reducing part (on outside/periphery of 51, 52, 61, and 62).
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Regarding claim 2, Kim teaches the secondary battery (100) as claimed in claim
1, wherein the stress reducing part (51, 52, 61, and 62) protrudes toward the electrode assembly (10) from regions between the second surface, the third surface, and the fourth surface (Fig 3, 51 and 61 protrude both away and towards electrode assembly).
Regarding claim 3, Kim teaches the secondary battery (100) as claimed in claim 1, wherein the cap plate (30, 51, 52, 61, and 62) has a vent hole (vent hole 32 which consists of 321-323, Fig 5) extending from the first surface to the second surface, and wherein the safety vent (34) closes the vent hole (safety vent closes vent hole that extends through entire cap plate [0062] and [0079]).
Regarding claim 4, Kim teaches the secondary battery (100) as claimed in claim 1, wherein a thickness from the first surface to the second surface is greater than a thickness from the first surface to the third surface (while figures are not necessarily drawn to scale the depicted relationship about requires that the distance/thickness from surface one to two is greater than thickness from one to three) (annotated figure above).
Regarding claim 5, Kim teaches the secondary battery (100) as claimed in claim 1, wherein the stress reducing part (51, 52, 61, and 62, Fig 3 and 4) has a flat fifth surface (annotated above as 5) opposite to the first surface (annotated 1 above), and wherein a thickness from the first surface to the fifth surface is greater than a thickness from the first surface to the second surface (while figures are not necessarily drawn to scale the depicted relationship about requires that the distance/thickness from surfaces one to five is greater than that of one to two) (annotated figure above).
Regarding claim 6, Kim teaches the secondary battery (100) as claimed in claim 5, wherein a thickness from the first surface to the fifth surface is greater than a thickness from the first surface and to third surface ((while figures are not necessarily drawn to scale the depicted relationship about requires that the distance/thickness from surfaces one to five is greater than that of one to three) (annotated figure above).
Regarding claim 7, Kim teaches the secondary battery (100) as claimed in claim 5,
wherein the stress reducing part (51, 52, 61, and 62) has:
a flat sixth surface (annotated above as 6) extending at a right angle direction from the
fifth surface to the second surface (surface 6 is perpendicular to surfaces 2 and 5) ; and
a flat seventh surface (annotated above as 7a and 7b) opposite to the sixth surface and
extending at a right angle direction from the fifth surface to the third surface and the fourth
surface (surfaces 7a and 7b are perpendicular to surfaces 1-5).
Regarding claim 8, Kim teaches the secondary battery (100) as claimed in claim 7,
wherein the safety vent (34) contacts the sixth surface (annotated figure demonstrated 34
contacting surface 6 when battery is assembled).
Regarding claim 9, Kim teaches the secondary battery (100) as claimed in claim 7,
wherein the seventh surface has a case contact region contacting the case (surface 7a contacts
case 20 on left side of annotated figure).
Regarding claim 10, Kim teaches the secondary battery (100) as claimed in claim 7,
wherein the seventh surface (annotated above as 7a and 7b) has a case separation region
spaced from the case (surface 7b is spaced apart from case 20 in a similar manner to instant
spec 1717 in Fig 2B).
Regarding claim 11, Kim teaches the secondary battery (100) as claimed in claim 7,
wherein the seventh surface (annotated as 7a and 7b above) has a case contact region
contacting the case and a case separation region spaced apart from the case (7a contacts case
20 and 7b is separated from case 20), and
wherein the case contact region and the case separation region are at right angle with
respect to each other (7a and 7b form a right angle with one another).
Regarding claim 12, Kim teaches the secondary battery (100) as claimed in claim 1,
wherein a thickness of the safety vent (34) is smaller than a thickness of the stress reducing
part (51, 52, 61, and 62) because the stress reducing part extends beyond the thickness of 34.
Regarding claim 14, Kim teaches the secondary battery (100) as claimed in claim 1,
wherein the stress reducing part (51, 52, 61, and 62) has a rectangular, planar shape (51 and 61
have rectangular shapes in fig 2).
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.
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 13, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication 2013/0065100, hereinafter Kim, as applied to claim 1 above, and further in view of U.S. Pre-Grant Publication 2022/0021069, hereinafter Bu.
Regarding claims 13, and 15-16, Kim teaches a secondary battery (Fig. 2: 100) that contains an electrode assembly (10) comprising a first electrode plate (11), a separator (13), and a second electrode plate (12). The first electrode plate (11) is connected to a first terminal
(41) and the second electrode plate (12) is connected to a second terminal (42). A case (20)
accommodates the electrode assembly (10) and has a cap plate (30) that seals the case (20).
The cap plate (30) has a seven flat surfaces (surfaces 1-7 depicted in the annotated figure
above) and a stress reducing part (51, 52, 61 and 62) (instant claims 13, 15, and 16).
However, Kim fails to explicitly teach the thicknesses of each surface in relation to each
other (instant claims 13, and 15-16).
Bu teaches secondary battery (10) with electrode assembly 30 case 20, cap plate 41,
lower insulating member 42 (equivalent to stress reducing member), and hole 428. As the
thickness of both the cap plate and insulating member decreases, the energy density of the
secondary battery is improved [0056]. Therefore, the thicknesses of the cap plate surfaces and
insulating member surfaces are considered a result effective variable.
Therefore, it would have been obvious to the ordinarily skilled artist before the effective
filing date of the claimed invention to have optimized the thicknesses of the cap plate surfaces as well as the stress reducing surfaces of Kim in order to improve energy density of the
secondary battery, as taught by Bu. One of ordinary skill in the art would appreciate that
increasing thicknesses of individual cap plate surfaces improves protection against external
pressure. In optimizing the thicknesses of the cap plate surfaces, one would arrive at the
claimed thicknesses of each surface, barring evidence to criticality or unexpected results.
Response to Arguments
Applicant's arguments filed July 24, 2026 have been fully considered but they are not persuasive. Regarding the 35 U.S.C. 102 and 103 rejections of claims 1-16, applicant argues that Kim fails to teach the claimed limitation ‘a stress reducing part integrally extending from the first surface toward the electrode assembly’ nor the claimed thickness of the stress reducing part. The examiner respectfully disagrees because, as mentioned above, the stress reducing part consists of Kim’s 51, 52, 61, and 62. This stress reducing part of Kim is at least parallel to the first surface of the annotated figure above, extends towards the electrode assembly, and has an overall thickness that is greater than the thickness from surfaces one to two and surfaces one to three from the annotated figure above.
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 Mia K Holbrook whose telephone number is (571)272-9253. The examiner can normally be reached Monday - Friday 7:30-5.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at (571) 270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.K.H./Examiner, Art Unit 1724 /BRIAN R OHARA/Examiner, Art Unit 1724
