CTNF 18/479,478 CTNF 94937 Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Objections 07-29-01 AIA Claim 2, 4, 6, 8, 10 and 12 are objected to because of the following informalities: The claims as listed recite “battery of any one as claimed …”. The claim should read as “a secondary battery as claimed… Appropriate correction is required. Claim Rejections - 35 USC § 102 07-06 AIA 15-10-15 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. 07-07-aia AIA 07-07 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 – 07-08-aia AIA (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. 07-15-aia AIA Claim(s) 1-2 and 9-12 is/are rejected under 35 U.S.C. 102 (a)(1) as being anticipated by English translation of KR100719740B1 [Samsung] . Regarding claim 1, Samsung teaches a secondary battery [abs], comprising an electrode assembly; a case [#11] accommodating the electrode assembly and an electrolyte; and a cap assembly comprising a cap plate [#21] coupled to one side of the case, defining an injection hole therethrough [#26], and comprising an injection hole tape [#48; curing agent] attached to a lower portion of the injection hole [p. 2 lines 1-19]. Please refer to the annotated figure 4 below that illustrates the structural elements. In addition, please refer to the entire document which teaches the recited structure. PNG media_image1.png 590 707 media_image1.png Greyscale Regarding claim 2, Samsung teaches wherein an edge region of the injection hole tape has an adhesive property [p. 3 lines 11-23; As the curing agent 48, an anaerobic curing agent is used. The anaerobic curing agent is an adhesive]. Regarding claim 9, Samsung teaches wherein the injection hole tape defines a hollow portion therethrough [depicted above in claim 1]. Regarding claim 10, Samsung teaches wherein an edge region of the injection hole tape has an adhesive property [p. 3 lines 11-23; As the curing agent 48, an anaerobic curing agent is used. The anaerobic curing agent is an adhesive]. Regarding claim 11, Samsung teaches wherein the hollow portion has a smaller size than the injection hole [as seen above in claim 1, the top of the injection hole is wider and the hollow portion is smaller towards the bottom of the hole]. Regarding claim 12, Samsung teaches wherein an edge region of the injection hole tape has an adhesive property [p. 3 lines 11-23; As the curing agent 48, an anaerobic curing agent is used. The anaerobic curing agent is an adhesive] . Claim Rejections - 35 USC § 103 07-06 AIA 15-10-15 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. 07-20-aia AIA 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. 07-23-aia AIA 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. 07-20-02-aia AIA 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. 07-21-aia AIA Claim (s) 3-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over English translation of KR100719740B1 [Samsung] . Regarding claim 3, Samsung teaches the injection hole tape however is silent with respect to the injection hole tape defines at least one cutting line . It is noted in the instant specification, the 0045 “, if an injection tool in the form of a needle is inserted into the injection hole 314, the injection tool can be inserted while the cutting line is widened. If the injection tool is removed after injection, a widened portion of the cutting line can be restored to its original state. To this end, the injection hole tape 370 a may be formed such that only a portion thereof attached to the injection hole 314 has an adhesive property, and a portion of the cutting line has no adhesive property.” It is the Examiner’s position, the cutting line appears to be a method step in which the injection hole is formed. This feature is not a structural element that defines the structure, therefore is not given patentable weight because the claims are directed to the apparatus itself, i.e. the battery case, injection hole, injection hole tape, which is taught by Samsung. The cited prior art teaches all of the positively recited structure of the claimed apparatus or product. The determination of patentability is based upon the apparatus structure itself. The patentability of a product or apparatus does not depend on its method of production or formation. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (see MPEP § 2113). Regarding claim 4, Samsung teaches wherein an edge region of the injection hole tape has an adhesive property [p. 3 lines 11-23; As the curing agent 48, an anaerobic curing agent is used. The anaerobic curing agent is an adhesive]. Regarding claim 5, Samsung teaches wherein the injection hole tape has a conical shape of which a diameter decreases toward the electrode assembly [illustrated above in claim 1, the shape is rounded at the top of the injection hole]. Regarding claim 6, Samsung teaches wherein an edge region of the injection hole tape has an adhesive property [p. 3 lines 11-23; As the curing agent 48, an anaerobic curing agent is used. The anaerobic curing agent is an adhesive]. Regarding claim 7, Samsung teaches wherein the injection hole tape has a circular shape [depicted above in claim 1]. Regarding claim 8, Samsung teaches wherein an edge region of the injection hole tape has an adhesive property [p. 3 lines 11-23; As the curing agent 48, an anaerobic curing agent is used. The anaerobic curing agent is an adhesive]. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to SARIKA GUPTA whose telephone number is (571)272-9907. The examiner can normally be reached 8:30AM-5:30PM. 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, Ula Ruddock can be reached at 571-272-1481. 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. /S.G./Examiner, Art Unit 1729 /ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729 Application/Control Number: 18/479,478 Page 2 Art Unit: 1729 Application/Control Number: 18/479,478 Page 3 Art Unit: 1729 Application/Control Number: 18/479,478 Page 4 Art Unit: 1729 Application/Control Number: 18/479,478 Page 5 Art Unit: 1729 Application/Control Number: 18/479,478 Page 6 Art Unit: 1729 Application/Control Number: 18/479,478 Page 7 Art Unit: 1729 Application/Control Number: 18/479,478 Page 8 Art Unit: 1729
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