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 without traverse of Invention I, drawn to a prismatic battery cell, in the reply filed on 05/26/2026 is acknowledged.
Claim 19 – 20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Invention I, drawn to a method for manufacturing a prismatic battery cell, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/26/2026.
Claim Objections
Claims 1 is objected to because of the following informalities: the recitation wherein the sealing member has a valve formed in the sealing member” is awkwardly worded/unclear. Appropriate correction is required.
For the purpose of this Office action and for clarity, the examiner is interpreting the recitation to recite –wherein a valve is formed in the sealing member--.
Claims 5 and 15 are objected to because of the following informalities: the recitation “wherein the exterior sealing surface of sealing member” appears to be missing the word “the” before “sealing member”. Appropriate correction is required.
Claim 7 is objected to because of the following informalities: the recitation “wherein the first sealing annular surface of the exterior sealing surface of sealing member” appears to be missing the word “the” before “sealing member”. Appropriate correction is required.
Claim 8 is objected to because of the following informalities: the recitation “wherein the second sealing annular surface of the exterior sealing surface of sealing member” appears to be missing the word “the” before “sealing member”. Appropriate correction is required.
Claim 9 is objected to because of the following informalities: in the recitation “and wherein the flap is sealed against the tubular body in the closed position of the valve to form a fluid seal and the flap and disposed away from the tubular body” the word “and” before “disposed away” appears to be a typo and should be the word “is”. Appropriate correction is required.
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 7 and 17 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.
Specifically, the recitation “wherein the second sealing annular surface of the exterior sealing surface of sealing member” renders the claimed indefinite, because it is unclear if “the second sealing annular surface of the exterior sealing surface of sealing member” is the same as “the second sealing annular surface” previously established in claims 5 or 15 or different. A review of the instant specification reveals that the second sealing annular surface is part of the exterior sealing surface (Refer to Fig. 2; [0036]).
For the purpose of this Office action and for clarity, the examiner is interpreting the limitation “wherein the second sealing annular surface of the exterior sealing surface of sealing member is formed on a conical portion of the sealing member at a second end of the sealing member” to recite –wherein the exterior sealing surface of the sealing member has the second sealing annular surface of the sealing member and the second sealing annular surface of the exterior sealing surface of the sealing member is formed on a conical portion of the sealing member at a second end of the sealing member--. This interpretation appears to be supported by Fig. 2 and [0036] of the instant specification.
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 and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Xiao (CN219801234U, cited in 07/10/2024 IDS – Machine translation provided)
Regarding Claim 1, Xiao discloses a prismatic battery, that is based on the battery cover structure 3 shown in Fig. 3, one with ordinary skill in the art would reasonably the battery of Xiao to be a prismatic battery ([0059];[0091 – 0092]); comprising a cell case having an interior cavity (hollow battery housing/casing with cover; [0059];[0091 – 0092]) and a fill port (injection hole 31, Figs. 3 – 4; [0047];[0061]) having an inner surface (Refer to surface of second settling groove 312 and through hole section 314 in Fig. 3; [0050]), and an electrolyte disposed in the interior cavity ([0059]).
Xiao does not explicitly disclose injection hole 31 to be in fluid communication with an ambient environment and the interior cavity; however, based on the structure {i.e. it is a through hole} and position of the injection hole on the cover of the battery housing (Refer to Figs. 3 – 4; [0047];[0062]), one with ordinary skill in the art would reasonably expect the injection hole to necessarily and inherently be in fluid communication with an ambient environment and the interior cavity.
Xiao further discloses a sealing member disposed in the fill port (sealing nail 1, Figs. 1 – 3; [0030];[0048 – 0049]) and wherein the sealing member has an exterior sealing surface that forms a seal with the inner surface of the fill port, that is the sealing nail 1 has an exterior surface that closely contacts/connects with the second settling groove 312 and through hole section 314 for the purpose of sealing injection hole 31 (Refer to Fig. 3; [0049 – 0050];[0053 – 0054];[0057 – 0058];[0060]).
Specifically, Xiao teaches sealing nail 1 having a nail cap 11 which includes mating groove 112 that connects to docking boss 313 of injection hole 31 to provide a stable and sealed structure ([0032];[0055 – 0058]) and a sealing nail rod 12 that is tightly fitted into through hole section 314 to achieve further sealing performance ([0075];[0080]).
Xiao does not particularly disclose the exterior sealing surface of the sealing nail forming a fluid seal between the inner surface of the fill port; however the limitation “forms a fluid seal with the inner surface of the fill port” is intended use language. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. In this case, the exterior sealing surface of the sealing nail cap of Xiao is capable of forming a fluid seal with the inner surface of the fill port, because it includes structure {i.e. the structure of nail cap 11 and rod 12} that functions to seal a hole on a battery cover used for electrolyte {i.e. a liquid} injection ([0045 – 0046];[0058];[0060];[0080]) [See MPEP § 2114].
Xiao further discloses a valve formed in the sealing member, that is Xiao teaches a valve formed from multiple valve sealing structures 111/112 that are included in an inner, central portion of the sealing member (Figs. 1 – 2; [0042 – 0044]).
Xiao further teaches that the valve sealing structures of the valve open when an electrolyte injection cylinder is inserted into the hollow channel 13 of the sealing nail and close in a tightly fitted and sealed manner that effectively isolates moisture and environmental impurities after injection is complete ([0045 – 0046]). As such, by being able to open when electrolyte injection is needed and close when electrolyte injection is completed, the valve of Xiao necessarily has an open position for allowing electrolyte to enter the interior cavity and a closed position to prevent electrolyte from exiting the interior cavity.
Regarding Claims 2 – 3, Xiao discloses all limitation as set forth above. Xiao further discloses a closure plate disposed over and covering the sealing member (top sealing nail 2, Figs. 3 and 5; [0051 – 0052];[0060]) (Claim 2).
Xiao teaches that the top sealing nail 2 is fixed to first recess 311 of the injection hole 31 {i.e. fill port} by welding and further functions, in combination with sealing nail 1, to ensure the sealing performance and smooth appearance of the battery ([0051 – 0052];[0060]); therefore Xiao further discloses wherein the closure plate {i.e. top sealing nail 2} is secured to the cell case {i.e. recess 311 of the injection hole is also part of battery cover} (Claim 3).
Xiao does not particularly disclose the top sealing nail {i.e. corresponds to claimed exterior sealing surface} forming a mechanical and fluid seal between the cell case and interior cavity (Claim 3 cont.); however the limitation “to form a mechanical and fluid seal between the cell case and the interior cavity” is intended use language. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. In this case, the sealing nail cap of Xiao is capable of forming a mechanical and fluid cell seal between the cell case and interior cavity, because it is secured to the cover by welding {i.e. 311 of Fig. 3}, is covering the hole that is in communication with the interior cavity of the battery, and further is explicitly taught to have a sealing function ([0051 – 0052];[0060]) [See MPEP § 2114].
Regarding Claims 4 – 8, Xiao discloses all limitation as set forth above. Xiao further discloses wherein the fill port includes a first annular surface (Refer to surface of second settling groove 312 indicated in Fig. 3; [0070]) and a second annular surface (Refer to inner surface of through hole section 314 in Fig. 3; [0070]) (Claim 4).
As established above, the exterior surface of the sealing nail 1 corresponds to the claimed exterior sealing surface. The exterior surface of the sealing nail 1 includes mating groove 112 and the groove is taught to connect to docking boss 313 of the injection hole 31 for sealing and fixing purposes ([0032];[0055 – 0058]); therefore, by including groove 112, the exterior sealing surface of the sealing member has a first sealing surface that forms a first seal with the first annular surface of the fill port {i.e. surface of second settling groove 312} (Claim 5).
Xiao does not particularly disclose the groove {i.e. first sealing annular surface} forming a fluid seal (Claim 5 cont.); however, the limitation “that forms a first fluid seal with the first annular surface of the fill port” is intended use language. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. In this case, the groove Xiao is capable of forming a fluid seal with the first annular surface of the fill port because it is explicitly taught to form a sealed and secure connection with a boss of the second settling groove 312 and further is part of a sealing member that functions to seal a hole used for electrolyte injection ([0045 – 0046]) [See MPEP § 2114].
Additionally, the mating groove 112 of Xiao {i.e. corresponds to claimed first sealing annular surface} is formed on an annular rim at a first end {i.e. upper end} of the sealing member (Claim 7), that is mating groove 112 is formed in nail cap 11, which has an annular rim structure {i.e. a circular structure that includes a hollow channel 13 in the center and forms a protruding edge of sealing nail 1} and nail cap 11 is an upper/top end of sealing nail 1 (Refer to Figs. 1 – 3 and [0036];[0039]).
The second annular surface in Xiao, as established above, is the inner surface of through hole section 314 (Fig. 3; [0070]), and, as shown in Fig. 3, the inner surface of through hole 314 contacts the sealing section 122 of the sealing nail 1 (Figs. 1 – 3; [0072];[0074];[0078]). The sealing section is also explicitly taught to be of a cylindrical shape that includes a hollow channel and is press-fitted with through hole section 314 to achieve further sealing performance ([0036];[0077];[0080]); therefore, sealing section 122 of the sealing nail 1 reads on the claimed second annular sealing surface that forms a second seal with the second annular surface of the fill port (Claim 6).
Xiao does not particularly disclose the sealing section {i.e. second sealing annular surface} forming a fluid seal (Claim 6 cont.); however, the limitation “that forms a second fluid seal with the second annular surface of the fill port” is intended use language. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. In this case, the groove Xiao is capable of forming a fluid seal with the first annular surface of the fill port because it is explicitly taught to be press-fitted to the through hole for the purpose of ensuring sealing performance and further is part of a sealing member that functions to seal a hole used for electrolyte injection ([0045 – 0046];[0080]) [See MPEP § 2114].
As established above, the exterior surface of the sealing nail 1 corresponds to the claimed exterior sealing surface and sealing section 122 corresponds to the claimed second sealing annular surface.
In Figs. 1 – 2, the exterior surface of sealing nail 1 is shown to include sealing section 122. Sealing section 122 is also part of the sealing rod nail 12 which, as shown and taught by Xiao, has a conical shape and serves as a lower/bottom end {i.e. relative to nail cap 11} of the sealing nail (Refer to Figs. 1 – 2 and [0078];[0080]). Therefore, by including sealing section 122, the exterior sealing surface of the sealing member {i.e. sealing nail 1} has the second sealing annular surface and, by being part of the sealing nail rod 12, the sealing section 112 {i.e. second sealing annular surface} is formed on a conical portion of the sealing member at a second end of the sealing member (Claim 8)
Regarding Claim 10, Xiao discloses all limitation as set forth above. The sealing nail in Xiao is taught to be rubber (abstract), based on as such, one with ordinary skill in the art would reasonably expect the formed of at least one of a polymer.
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.
Claim(s) 9 is rejected under 35 U.S.C. 103 as being unpatentable over Xiao (CN219801234U), as applied to claim 1 above, and further in view of Guen (US PG Pub. 2017/0149047 A1, cited in 07/10/2024 IDS) and Hatfield (US PG Pub. 2023/0109570 A1, foreign priority date of 01/28/2020).
Regarding Claim 9, Xiao discloses all limitation as set forth above. The corresponding valve of Xiao is formed from multiple sealing valve structures 111/12 included in a hollow channel 13 of the sealing nail 1 (Figs. 1 – 2; [0042 – 0044]). The multiple sealing valve structures are coaxially arranged distributed in a ring along the inner side of hollow channel 13 (Figs. 1 – 2; [0042 – 0044]). By being formed from a combination of sealing valve structures and a hollow channel 13 that is tube-like in structure, the corresponding valve of Xiao necessarily comprises a tubular body (Refer to shape of sealing nail 1 and the hollow channel 13 in Figs. 1 – 2; [[0044]) having an inner annular rim at first end {i.e. upper end} that forms an annulus (Refer to rim and annulus shown in annotated Fig. 1 below).
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Annotated Fig. 1 showing corresponding inner annular rim and annulus in Xiao.
Examiner note: The examiner is interpreting the central portion of the top valve layer 111 to be the annulus, because like the annulus described/shown in the instant specification (Refer to Fig. 2 and [0039 – 0040] of the instant specification), the annulus in Xiao t is a central portion of the tubular body of the valve structure and further is a portion that allows for the insertion of an electrolyte injection apparatus ([0046])}.
Xiao does not explicitly disclose the valve including a flap at a second end of the tubular body and wherein the flap is sealed against the tubular body in the closed position of the valve to form a fluid seal and the flap is disposed away from the tubular body in the open position of the valve to allow for fluid communication with the interior cavity.
Guen teaches a prismatic secondary battery having an internal electrolyte injection opening 28, a pillar 281, and a valve flap 282 (Figs. 9 – 10; [0064 – 0066]). Guen teaches having the valve flap connected to pillar the by a hinge 283 or a notch, such that it rotates via the hinge 283 or the notch to induce the injection of the electrolyte solution, and/or facilitate movement of the electrolyte solution, and to block back-flowing of the electrolyte solution ([0065]). The valve flap configuration is taught by Guen to ensure a smooth injection path of the electrolyte solution injection, prevent an overflow of the electrolyte solution regardless of the injection speed of the electrolyte solution, and prevent back flow from the inside of the case to the electrolyte injection opening during injection of the electrolyte solution ([0098]).
Since Xiao is concerned with reducing leakage of electrolyte during electrolyte injection/ preventing electrolyte overflow ([0094];[0097]) and already teaches forming the valve of the sealing nail 1 using multiple valve structure ([0044 – 0045); it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the sealing nail of Xiao to further include the valve flap structure taught by Guen, with a reasonable expectation of success in obtaining a valve flap structure suitable for guiding electrolyte flow and also further preventing electrolyte leakage and overflow regardless of the injection speed of the electrolyte solution.
In the region between 1/4 and 3/4 of the height of the hollow channel 13 Xiao already teaches including multiple second valve sealing structures ([0043]); therefore, when modifying the sealing nail of Xiao to further include the valve flap structure of Guen, one with ordinary skill in the art would recognize/appreciate that the additional flap would necessarily need to be placed on the lowermost end of the hollow channel of the sealing nail in order to not interfere with the other sealing structure layers. As such modified Xiao, as established above, would necessarily have the flap at a second {i.e. lowermost} end of the inner tubular body.
The flap structure in Guen is shown to include two valve flaps that, in the closed position are sealed against one another and over the opening of the injection hole, and, in the opened position, are disposed away from one another and the opening of the injection hole (Refer to Figs. 9 – 10); therefore, modified Xiao as established above does not necessarily provide the claimed flap configuration of wherein the flap is sealed against the tubular body in the closed position of the valve to form a fluid seal and the flap is disposed away from the tubular body in the open position of the valve to allow for fluid communication with the interior cavity.
However, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to form the additional flap of modified Xiao using one long flap hinged at only on end of the hollow channel, because such a modification would be a modification that would increase size/proportion of the valve flap or make the two flaps integral [MPEP 2144.04 (IV) and (V)] and would still have a reasonable expectation of success in providing the desired control of fluid flow, as Hatfield, directed toward valves flaps formed for controlling fluid flow, suggests that as an alternative to valves formed from more than one sheet and/or anchor portions, a valve using only one anchor and one sheet portion can still be used to achieve one-way flow of fluid through a hole (Fig. 4; [0005 – 0011];[0138])
One with ordinary skill in the art would further recognize, based on the flap movement taught by Guen: Figs. 9 – 10;[0079];[0082] and Hatfield: Fig. 4; [0138] and the function of the valve flap {i.e. to allow the flow of the electrolyte in only one direction}, that the modified valve flap of Xiao, by utilizing only one flap with one anchor point at the end of hollow channel 13, would, in a closed position of the valve, be sealed against the tubular body to form a fluid seal, and, in the opened position of the valve be disposed away from the tubular body to allow for fluid communication with the interior cavity.
Claim(s) 11 – 18 are rejected under 35 U.S.C. 103 as being unpatentable over Xiao (CN219801234U) in view of Guen (US PG Pub. 2017/0149047 A1).
Regarding Claim 11, Xiao discloses a prismatic battery, that is based on the battery cover structure 3 shown in Fig. 3, one with ordinary skill in the art would reasonably the battery of Xiao to be a prismatic battery ([0059];[0091 – 0092]); comprising a cell case having an interior cavity (hollow battery housing/casing with cover; [0059];[0091 – 0092]) and a fill port (injection hole 31, Figs. 3 – 4; [0047];[0061]) having an inner surface (Refer to surface of second settling groove 312 and through hole section 314 in Fig. 3; [0050]), and an electrolyte disposed in the interior cavity ([0059]).
Xiao does not explicitly disclose injection hole 31 to be in fluid communication with an ambient environment and the interior cavity; however, based on the structure {i.e. it is a through hole} and position of the injection hole on the cover of the battery housing (Refer to Figs. 3 – 4; [0047];[0062]), one with ordinary skill in the art would reasonably expect the injection hole to necessarily and inherently be in fluid communication with an ambient environment and the interior cavity.
Xiao further discloses a sealing member disposed in the fill port (sealing nail 1, Figs. 1 – 3; [0030];[0048 – 0049]) and wherein the sealing member has an exterior sealing surface that forms a seal with the inner surface of the fill port, that is the sealing nail 1 has an exterior surface that contacts/connects with the second settling groove 312 and through hole section 314 for the purpose of sealing injection hole 31 (Refer to Fig. 3; [0049 – 0050];[0053 – 0054];[0057 – 0058];[0060]).
Specifically, Xiao teaches sealing nail 1 having a nail cap 11 which includes a mating groove 112 that connects to docking boss 313 of injection hole 31 to provide a stable and sealed structure ([0032];[0055 – 0058]) and a sealing nail rod that is tightly fitted into through hole section 314 to achieve further sealing performance ([0075];[0080]).
Xiao does not particularly disclose the exterior sealing surface of the sealing nail forming a fluid seal between the inner surface of the fill port; however the limitation “forms a fluid seal with the inner surface of the fill port” is intended use language. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. In this case, the exterior sealing surface of the sealing nail cap of Xiao is capable of forming a fluid seal with the inner surface of the fill port, because it includes structure {i.e. the structure of nail cap 11 and rod 12} that functions to seal a hole on a battery cover used for electrolyte {i.e. a liquid} injection ([0045 – 0046];[0058];[0060];[0080]) [See MPEP § 2114].
Xiao further discloses the sealing member having an inner tubular body (hollow channel 13; Figs. 1 – 3; [0036]), and the inner tube having a one-way valve, that is Xiao teaches including a valve formed from multiple valve sealing structures 111/112 arranged in hollow channel 13 of the sealing nail (Figs. 1 – 2; [0042 – 0044]).
Xiao does not explicitly disclose the valve to be one-way; however, one with ordinary skill in the art would reasonably expect the valve of Xiao to be one-way, because Xiao teaches that the valve sealing structures only open when an electrolyte injection cylinder is inserted into the hollow channel 13 of the sealing nail and otherwise remain close in a tightly fitted and sealed manner that effectively isolates moisture and environmental impurities ([0045 – 0046]).
Xiao further teaches that the valve sealing structures of the valve open when an electrolyte injection cylinder is inserted into the hollow channel 13 of the sealing nail and close in a tightly fitted and sealed manner that effectively isolates moisture and environmental impurities after injection is complete ([0045 – 0046]). As such, by being able to open when electrolyte injection is needed and close when electrolyte injection is completed, the valve of Xiao necessarily has an open position for allowing electrolyte to enter the interior cavity and a closed position to prevent electrolyte from exiting the interior cavity.
Xiao does not explicitly disclose wherein the one-way valve includes a flap pivotably attached to the tubular body.
Guen teaches a prismatic secondary battery having an internal electrolyte injection opening 28, a pillar 281, and a valve flap 282 (Figs. 9 – 10; [0064 – 0066]). Guen teaches having the valve flap connected to pillar the by a hinge 283 or a notch, such that it rotates via the hinge 283 or the notch to induce the injection of the electrolyte solution, and/or facilitate movement of the electrolyte solution, and to block back-flowing of the electrolyte solution ([0065]). The valve flap configuration is taught by Guen to ensure a smooth injection path of the electrolyte solution injection, prevent an overflow of the electrolyte solution regardless of the injection speed of the electrolyte solution, and prevent back flow from the inside of the case to the electrolyte injection opening during injection of the electrolyte solution ([0098]).
Since Xiao is concerned with reducing leakage of electrolyte during electrolyte injection/ preventing electrolyte overflow ([0094];[0097]) and already teaches forming the valve of the sealing nail 1 using multiple valve structure ([0044 – 0045); it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the sealing nail of Xiao to further include the valve flap structure taught by Guen, with a reasonable expectation of success in obtaining a valve flap structure suitable for guiding electrolyte flow and further preventing electrolyte leakage and overflow regardless of the injection speed of the electrolyte solution.
In the region between 1/4 and 3/4 of the height of the hollow channel 13 Xiao already teaches including multiple second valve sealing structures ([0043]); therefore, when modifying the sealing nail of Xiao to further include the valve flap structure of Guen, one with ordinary skill in the art would recognize/appreciate that the additional flap would necessarily need to be placed on the lowermost end of the hollow channel of the sealing nail in order to not interfere with the other sealing structures layers. As such modified Xiao, as established above, would necessarily further include the flap pivotably attached to a lowermost end of the inner tubular body and thus to the tubular body as claimed.
Regarding Claims 12 – 13, modified Xiao discloses all limitation as set forth above. Xiao further discloses a closure plate disposed over and covering the sealing member (top sealing nail 2, Figs. 3 and 5; [0051 – 0052];[0060]) (Claim 12).
Xiao teaches that the top sealing nail 2 is fixed to first recess 311 of the injection hole 31 {i.e. fill port} by welding and further functions, in combination with sealing nail 1, to ensure the sealing performance and smooth appearance of the battery ([0051 – 0052];[0060]); therefore Xiao further discloses the top sealing nail {i.e. corresponds to claimed closure plate} secured to the cell case {i.e. recess 311 of the injection hole is also part of battery cover} (Claim 13).
Xiao does not explicitly disclose the top sealing nail {i.e. corresponds to claimed exterior sealing surface} forming a mechanical and fluid cell seal between the cell case and interior cavity (Claim 13 cont.); however the limitation “to form a mechanical and fluid seal between the cell case and the interior cavity” is intended use language. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. In this case, the sealing nail cap of Xiao is capable of forming a mechanical and fluid cell seal between the cell case and interior cavity, because it is secured to the cover by welding {i.e. 311 of Fig. 3}, is covering the hole that is in communication with the interior cavity of the battery, and further is explicitly taught to have a sealing function ([0051 – 0052];[0060]) [See MPEP § 2114].
Regarding Claim 14 – 18, modified Xiao discloses all limitation as set forth above. Xiao further discloses wherein the fill port includes a first annular surface (Refer to surface of second settling groove 312 indicated in Fig. 3; [0070]) and a second annular surface (Refer to inner surface of through hole section 314 in Fig. 3; [0070]) (Claim 14).
As established above, the exterior surface of the sealing nail 1 corresponds to the claimed exterior sealing surface. The exterior surface of the sealing nail 1 includes mating groove 112 and the groove is taught to connect to docking boss 313 of the injection hole 31 for sealing and fixing purposes ([0032];[0055 – 0058]); therefore, by including groove 112, the exterior sealing surface of the sealing member has a first sealing surface that forms a first seal with the first annular surface of the fill port {i.e. surface of second settling groove 312} (Claim 15).
Xiao does not particularly disclose the groove {i.e. first sealing annular surface} forming a fluid seal (Claim 15 cont.); however, the limitation “that forms a first fluid seal with the first annular surface of the fill port” is intended use language. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. In this case, the groove Xiao is capable of forming a fluid seal with the first annular surface of the fill port because it is explicitly taught to form a sealed and secure connection with a boss of the second settling groove 312 and further is part of a sealing member that functions to seal a hole used for electrolyte injection ([0045 – 0046]) [See MPEP § 2114].
Additionally, the mating groove 112 of Xiao {i.e. corresponds to claimed first sealing annular surface} is formed on an annular rim at a first end {i.e. upper end} of the sealing member (Claim 17), that is mating groove 112 is formed in nail cap 11, which has an annular rim structure {i.e. a circular structure that includes a hollow channel 13 in the center and forms a protruding edge of sealing nail 1} and nail cap 11 is an upper/top end of sealing nail 1 (Refer to Figs. 1 – 3 and [0036];[0039]).
The second annular surface in Xiao, as established above, is the inner surface of through hole section 314 (Fig. 3; [0070]), and, as shown in Fig. 3, the inner surface of through hole 314 contacts the sealing section 122 of the sealing nail 1 (Figs. 1 – 3; [0072];[0074];[0078]). The sealing section is also explicitly taught to be of a cylindrical shape that includes a hollow channel and is press-fitted with through hole section 314 to achieve further sealing performance ([0036];[0077];[0080]); therefore, sealing section 122 of the sealing nail 1 reads on the claimed second annular sealing surface that forms a second seal with the second annular surface of the fill port (Claim 16).
Xiao does not particularly disclose the sealing section {i.e. second sealing annular surface} forming a fluid seal (Claim 16 cont.); however, the limitation “that forms a second fluid seal with the second annular surface of the fill port” is intended use language. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. In this case, the groove Xiao is capable of forming a fluid seal with the first annular surface of the fill port because it is explicitly taught to be press-fitted to the through hole for the purpose of ensuring sealing performance and further is part of a sealing member that functions to seal a hole used for electrolyte injection ([0045 – 0046];[0080]) [See MPEP § 2114].
As established above, the exterior surface of the sealing nail 1 corresponds to the claimed exterior sealing surface and sealing section 122 corresponds to the claimed second sealing annular surface.
In Figs. 1 – 2, the exterior surface of sealing nail 1 is shown to include sealing section 122. Sealing section 122 is also part of the sealing rod nail 12 which, as shown and taught by Xiao, has a conical shape and serves as a lower/bottom end {i.e. relative to nail cap 11} of the sealing nail (Refer to Figs. 1 – 2 and [0078];[0080]). Therefore, by including sealing section 122, the exterior sealing surface of the sealing member {i.e. sealing nail 1} has the second sealing annular surface and, by being part of the sealing nail rod 12, the sealing section 112 {i.e. second sealing annular surface} is formed on a conical portion of the sealing member at a second end of the sealing member (Claim 18) .
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARYANA Y ORTIZ whose telephone number is (571)270-5986. The examiner can normally be reached M-F 7:00 AM - 5:00 PM.
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/A.Y.O./Examiner, Art Unit 1751
/Haroon S. Sheikh/Primary Examiner, Art Unit 1751
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