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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 10/20/2023 and 02/21/2025 have been considered by the examiner.
Claim Rejections - 35 USC § 102
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.
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 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.
Claims 1, 3, and 5-6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (US 2019/0067663 A1).
Regarding claim 1, Li discloses an electrical storage device (Annotated Li Fig. 1), comprising
an electrode body comprising a first electrode and a second electrode (Annotated Li Fig. 1, Para. [0092] describes an electrode assembly 300 and its construction, the electrode assembly 300 comprising of a first electrode tab 310 and a second electrode tab 320.),
a case that accommodates the electrode body (Annotated Li Fig. 1 depicts a shell 200 that accommodates the electrode assembly 300.),
a first current collecting member electrically connected to the first electrode wherein (Para. [0119] describes a first current collecting member (wiring board 500) which is used for connections between a positive electrode terminal and a positive electrode tab (first electrode tab 310).),
the case has a first wall (Annotated Li Fig. 2, Para. [0095] describes a first wall (cap plate 10) wherein the first wall possesses a size and shape matched with an opening of shell 200 so as to be capable of being connected at an opening of shell 200.),
the first wall has a first through hole (Annotated Li Fig. 2, Para. [0097] describes a first wall (cap plate 10) which is provided with a first and second through holes (electrode lead-out holes 11) for lead electric energy in the electrode assembly 300 inside shell 200 out to an outside of cap plate 10.),
the first current collecting member has a first region placed along an inner surface of the first wall (Annotated Li Fig. 7 depicts a first region (denoted by arrow) as a part of main body portion 510 on wiring board 500. Annotated Li Fig. 11 depicts wiring board 500 with first region (part of main body portion 510) placed along an inner surface of the first wall (cap plate 10).),
a projection part, projecting to the first wall, is provided in the first region (Annotated Li Fig. 7 depicts a projection part (extension portion 520) provided in the first region whereas Annotated Li Fig. 11 illustrates a projection part (extension portion 520) projecting to the first wall (cap plate 10).),
at least part of the projection part is placed within the first through hole (Para. [0121] states that a projection part (extension part 520) may extend into the through hole (electrode lead-out hole 11) and be electrically connected to the first electrode terminal.),
the first current collecting member has a second region on a transverse side of the first region (Annotated Li Fig. 7 depicts a second region (denoted by arrow) on a side extending across in a parallel direction in reference to said first region on the first current collecting member (wiring board 500).),
a first slit is formed between the first region and the second region (Annotated Li Fig. 7 displays a first slit (denoted by arrow) placed between said first region and said second region.),
the second region is placed along the inner surface of the first wall (Annotated Li Fig. 7 depicts a second region (denoted by arrow) as a part of main body portion 510 on wiring board 500. Annotated Li Fig. 11 depicts wiring board 500 with second region (part of main body portion 510) placed along an inner surface of the first wall (cap plate 10).), and
the second region faces the inner surface of the first wall with an insulating member therebetween (Annotated Li Fig. 11 shows wiring board 500 with a second region (part of main body portion 510) wherein second region faces the inner surface of the first wall (cap plate 10) with an insulating member (lower insulator 40) placed between said first wall and second region.
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Annotated Li Fig. 1: An electrical storage device (1) comprising of an electrode body (300) comprising a first electrode (310) and a second electrode (320) and a case (200) to accommodate the electrode body.
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Annotated Li Fig. 2: A case that has a first wall (cap plate 10) wherein the first wall has a first through hole (electrode lead-out hole 11).
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Annotated Li Fig. 7: A first current collecting member (wiring board 500) comprising of a first region (second-most left arrow), a second region (second-most right arrow), a projection part (extension portion 520), and a first slit (right-most arrow).
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Annotated Li Fig. 11: A first current collecting member (wiring board 500) comprising of a main body portion 510 and a projecting part (extension portion 520). Main body portion is comprised of a first region and a second region. Projection part projects to a first wall (cap plate 10). First region and second region are placed along the inner surface of first wall with an insulating member (lower insulator 40) in between said first and second regions and the inner surface of the first wall.
Regarding claim 3, Li discloses the electrical storage device as discussed in claim 1,
wherein the first current collecting member has a third region on an opposite side of the second region with respect to the first region (Annotated Li Fig. 7A),
a second slit is formed between the first region and the third region (Annotated Li Fig. 7A),
the third region is placed along the inner surface of the first wall (Annotated Li Fig. 7A depicts a third region (denoted by arrow) as a part of main body portion 510 on wiring board 500. Annotated Li Fig. 11A depicts wiring board 500 with third region (part of main body portion 510) placed along an inner surface of the first wall (cap plate 10).), and
the third region faces the first wall with the insulating member therebetween (Annotated Li Fig. 11A shows wiring board 500 with a third region (part of main body portion 510) wherein third region faces the inner surface of the first wall (cap plate 10) with an insulating member (lower insulator 40) placed between said first wall and third region.
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Annotated Li Fig. 7A: A first current collecting member (wiring board 500) comprising of a main body portion 510. Main body portion 510 is comprised of a third region. A second slit is formed between first region (denoted in Annotated Li Fig. 7) and the third region.
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Annotated Li Fig. 11A: A first current collecting member (wiring board 500) comprising of a main body portion 510. Main body portion is comprised of a third region (part of main body portion 510), which is placed along the inner surface of first wall with an insulating member (lower insulator 40) therebetween.
Regarding claim 5, Li discloses the electrical storage device as discussed in claim 1,
wherein the insulating member is placed between the first region and the first wall (Annotated Li Fig. 11 displays lower insulator 40 placed between the first region and the first wall.), further passes through the first through hole, and is in contact with a surrounding region of the first through hole on an outer surface of the first wall (Annotated Li Fig. 11B displays and Para [0133] explains that an insulating member (first insulator 41) is comprised of a body portion, a first engaging portion 411, and a second engaging portion 412. The body portion is positioned is located in and passes through electrode lead-out hole 11. The first engaging portion 411 is disposed on the edge of the body portion at the top of the first wall (cap plate 10) and is in contact with a surrounding region of the first through hole on an outer surface of the first wall. The lower insulator 40 includes two through holes and two first insulators 41 disposed around the respective through holes Para. [0103]-[0104]).
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Annotated Li Fig. 11B: An insulating member (first insulator 41) comprising of a body portion, a first engaging portion 411, and a second engaging portion 412. The body portion passes through the first through hole (electrode lead-out hole 11) whereas the first engaging portion 411 is in contact with a surrounding region of the first through hole on an outer surface of the first wall (cap plate 10).
Regarding claim 6, Li discloses the electrical storage device as discussed in claim 1,
wherein the first wall has an almost rectangular shape in a planar view (Li Fig. 3 displays cap assembly 100 having an almost rectangular shape in a planar view. Cap assembly 100 is comprised of a first wall (cap plate 10).), and a length of the first region is greater than a longest length of the first through hole provided on the first wall in a longitudinal direction of the first wall (Annotated Li Fig. 11B, Para. [0121] states that extension portion 520, which is part of the first region, protrudes through the first through hole (electrode lead-out hole 11). Since extension portion 520 comprises only a part of the length of the first region and the entirety of extension portion 520 fits through the longest length of the electrode lead-out hole in its longitudinal direction in reference to the cap plate, therefore, it is inherent that the length of the first region of the current collecting member is greater than the longest length of the first through hole that is in a longitudinal direction of the first wall).
Claim Rejections - 35 USC § 103
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.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 2 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Li as applied to claims 1 and 3 above, and further in view of Chen (US 2022/0393315 A1).
Regarding claims 2 and 4, Li discloses the electrical storage device as discussed in claims 1 and 3.
Li fails to disclose wherein the insulating member is placed in the first slit of instant claim 2, and wherein the insulating member is placed within the second slit, of instant claim 4.
However, Chen teaches wherein the insulating member is placed in the first slit (Annotated Chen Fig. 10 depicts a current collecting member 40 with first, second, and third regions (denoted by arrows) with a first slit (recessed portion 413) formed between a first region and a second region. Annotated Chen Fig. 11 illustrates and paras. [0130] and [0134] state that an insulating member (first insulating member 34) is at least in part or completely accommodated in the first slit.). Additionally, Chen teaches wherein the insulating member is placed in the second slit (Annotated Chen Fig. 10 depicts a second slit (recessed portion 413) formed between the second and third regions. Annotated Chen Fig. 11 illustrates and paras. [0130] and [0134] state that an insulating member (first insulating member 34) is at least in part or completely accommodated in the second slit.).
Li and Chen are both considered to be analogous to the claimed invention because they are in the same field of developing secondary batteries with improved sealing properties within materials that lie between the electrode terminal and the electrode assembly. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrical storage device of Li to include an insulating member that is placed in both a first slit and an insulating member that is placed in a second slit because Chen teaches that an insulating member placed in a slit can protect a connecting region between the electrode terminal and the electrode assembly of a secondary battery, thereby preventing the risk of impurities from entering the electrode assembly (para. [0135]) and some teaching, suggestion, or motivation in the prior art would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention is obvious. See MPEP 2141. III. (G).
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Annotated Chen Fig. 10: A current collecting member 40 comprising of first, second and third regions (denoted by arrows) and first and second slits (recessed portions 413).
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Annotated Chen Fig. 11: First insulating member (34) completely accommodated in first and second slits (recessed portion 413).
Claims 7 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Li in view of Kadoi et al. (US 2022/0158279 A1).
Regarding claim 7, Li discloses the electrical storage device as discussed in claim 1.
Li fails to disclose wherein the insulating member is placed on a side of the electrode body of the projection part.
However, Kadoi teaches wherein the insulating member is placed on a side of the electrode body of the projection part (Annotated Kadoi Fig. 2 illustrates an insulating member (contacting portion 44b of insulating resin 44) that is placed on a side of electrode assembly 20 wherein the electrode body is placed directly or indirectly in contact with said projection part (protruding portion 42c) and on any side of the projection part.).
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Annotated Kadoi Fig. 2: An insulating member (contacting portion 44b of insulating resin 44) that is placed on a side of electrode assembly 20 wherein the electrode body is placed directly or indirectly in contact with said projection part (protruding portion 42c) and on any side of the projection part.
Li and Kadoi are both considered to be analogous to the claimed invention because they are in the same field of developing secondary batteries with fewer parts forming a conductive path from an electrode body to a terminal on an outside of a battery case. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrical storage device of Li to include an insulating member placed on a side of the electrode body of the projection part because Kadoi teaches that placing the insulting member between an internal terminal, an external terminal and a battery case wherein the aforementioned parts form an integrated structure, and the electrode assembly strengthens the integrated structure of the terminal and battery case which improves the battery product yield (para. [0004]) and use of known techniques to improve similar methods in the same way is obvious. See MPEP 2141. III. (C).
Regarding claim 8, Li discloses the electrical storage device as discussed in claim 1.
Li fails to disclose wherein a surface-treated part is provided in a vicinity of a periphery of the first through hole on the inner surface of the first wall, and the surface-treated part and the insulating member are in contact with each other.
However, Kadoi teaches wherein a surface-treated part is provided in a vicinity of a periphery of the first through hole on the inner surface of the first wall (Annotated Kadoi Fig. 2A displays a surface-treated part (lid 41b) is in a vicinity of a periphery of the first through hole. Para. [0031] describes a terminal mounting hole 41c in lid 41b which acts as the first wall. Para. [0031] further explains that protruding portion 42c is inserted into terminal mounting hole 41c of lid 41b, showing that terminal mounting hole 41c is on the inner surface of lid 41b.), and the surface-treated part and the insulating member are in contact with each other (Para. [0043] describes that a roughened surface may be formed in at least a portion of a part in which the electrically insulating resin 44 is joined to lid 41b.).
Li and Kadoi are both considered to be analogous to the claimed invention because they are in the same field of developing secondary batteries with fewer parts forming a conductive path from an electrode body to a terminal on an outside of a battery case. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrical storage device of Li to include a surface-treated part that is provided in a vicinity of a periphery of a first through hole wherein the first through hole is placed on an inner surface of a first wall and wherein the surface-treated part and an insulating member are in contact with each other because Kadoi teaches when a roughened surface is formed in the portion to which an insulating member is joined, the joining strength of the insulating member with the battery case, the internal terminal, and the external terminal is improved (para. [0043]) and use of known techniques to improve similar methods in the same way is obvious. See MPEP 2141. III. (C).
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Annotated Kadoi Fig. 2A: A surface-treated part (lid 41b) is in a vicinity of a periphery of the first through hole (41c) on the inner surface of the first wall (lid 41b), and the surface-treated part (lid 41b) and the insulating member (insulating resin 44) are in contact with each other.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Li, as modified by Kadoi, and in further view of Yanaga et al. (DE 112020002796 T5).
Regarding claim 9, Li, as modified by Kadoi, discloses the electrical storage device as discussed in claim 8.
Li, as modified by Kadoi, fails to disclose wherein an arithmetic mean roughness of the surface-treated part is two or more times greater than an arithmetic mean roughness of a part on the inner surface of the first wall, except for the surface-treated part.
However, Yanaga teaches wherein an arithmetic mean roughness of the surface-treated part is two or more times greater than an arithmetic mean roughness of a part on the inner surface of the first wall, except for the surface-treated part (Yanaga Fig. 1 displays a metal substrate 11 and a roughened clad layer 12. Para. [0028] states that the arithmetic mean roughness (Ra) of metal substrate 11 is more preferably 0.05 to 0.5 µm. Meanwhile, para. [0034] explains that the Ra of roughened clad layer 12 is further preferably 0.4 to 1.1 µm.).
Li, Kadoi, and Yanaga are all considered to be analogous to the claimed invention because they perform the same function of manufacturing metal-based parts that display excellent adhesion to other components. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the electrical storage device of Li, as modified by Kadoi, to include wherein an arithmetic mean roughness of the surface-treated part is two or more times greater than an arithmetic mean roughness of a part on the inner surface of the first wall, except for the surface-treated part because Yanaga teaches if a roughened clad layer has a less than preferred minimal Ra value, then the roughening is insufficient and adhesion to other components may not be guaranteed. Furthermore, if the Ra value of the same roughened clad layer is greater than the maximum Ra value, then the adhesion of the roughened layer to a metal substrate may be impaired and some teaching, suggestion, or motivation in the prior art would have led one of ordinary skill to modify the prior art reference or to combine prior art reference teachings to arrive at the claimed invention is obvious. See MPEP 2141. III. (G).
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1-4 and 7-9 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-2 and 4-9 of copending Application No. 18/490,760 (reference application). Although the claims at issue are not identical, they are not patenably distinct from each other because:
Instant claim 1 is anticipated by claims 1 and 4 of ‘760. Instant claim 1 and claim 1 of ‘760 both disclose “an electrical storage device comprising an electrode body comprising a first electrode and a second electrode, a case that accommodates the electrode body, and a first current collecting member electrically connected to the first electrode…the case has a first wall, the first wall has a first through hole, the first current collecting member has a first region placed along an inner surface of the first wall, a projection part projecting to the first wall, is provided in the first region, at least part of the projection part is placed within the first through hole,”. Additionally, instant claim 1 and claim 4 of ‘760 both disclose “the first current collecting member has a second region on a transverse side of the first region, a first slit is formed between the first region and the second region, the second region is placed along the inner surface of the first wall” and the second region faces the first wall with the insulating member therebetween. Claims 1 and 4 of ‘760 additionally requires “a terminal member connected to the first current collecting member, and an insulating member, which insulates the first current collecting member and the terminal member against the case…the terminal member is connected to the projection part, the insulating member is an integral product, having an insulating part placed between the first wall and the first current collecting member, and an insulating part placed between the first wall and the terminal member.” therefore instant claim 1 is broader in scope than claims 1 and 4 of ‘760.
Instant claim 2 is substantially identical to claim 5 of ‘760.
Instant claim 3 is substantially identical to claim 6 of ‘760.
Instant claim 4 is substantially identical to claim 7 of ‘760.
Instant claim 7 is substantially identical to claim 2 of ‘760.
Instant claim 8 is substantially identical to claim 8 of ‘760.
Instant claim 9 is obvious in view of claim 9 of ‘760 with respect to simply substituting the comparison of the arithmetic mean roughness of a surface-treated part to the arithmetic mean roughness of a part of the inner surface of the first wall that is not in contact with an insulating member with comparing the arithmetic mean roughness of the surface-treated part to the arithmetic mean roughness of a part on the inner surface of the first wall, except for parts of the inner surface wall that are not surface-treated, and therefore, would not be in contact with said insulating member.
This is a provisional nonstatutory double patenting rejection.
Conclusion
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SANTINO M SERVAGNO whose telephone number is (571)270-0847. The examiner can normally be reached M-Th 8:00 am - 5:00 pm, F 8:00 am - 4:00 pm.
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/SANTINO MICHALE SERVAGNO/Examiner, Art Unit 1713
/ERIN F BERGNER/Primary Examiner, Art Unit 1713
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