DETAILED CORRESPONDENCE
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
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. CN202323062748.8, filed November 13th, 2023.
Information Disclosure Statement
The Information Disclosure Statements (IDS) submitted on February 18th, 2025 and September 1st, 2025 have been received and considered by the Examiner.
Claim Interpretation
All “wherein” clauses are given patentable weight unless otherwise noted. Please see MPEP 2111.04 regarding optional claim language.
Claim Objections
Claim 3 is objected to because of the following informalities:
Claim 3, line 3 recites the limitation “another side” and Claim 3, lines 3-4 recite the limitation “the another side.” These limitations would read more cohesively if written, “an other side” and “the other side,” respectively.
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.
Claim 9 is 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.
Claim 9, line 2 recites the limitation “a second recess” and Claim 9, line “a second protrusion.” It is wholly unclear how there can be a second recess and protrusion without the presence of a first recess and protrusion defined in Claim 1 from which Claim 9 depends. The first recessed and protrusion are mentioned in Claim 3, however, Claim 9 does not depend from Claim 3. It is wholly unclear whether the protrusion/recess as defined in Claim 9 are the same or different from the protrusion/recess defined in Claim 3.
Further clarification is required.
Prior Art
Fuhr US PG Publication 2011/0256433 (“Fuhr”)
Makino WO2022/167586 (“Makino”) (as cited in the February 18th, 2025 IDS)
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 1-4, 9-10, and 13-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Fuhr US PG Publication 2011/0256433.
Regarding Claim 1, Fuhr discloses an electrochemical cell 24 (corresponding to the instantly claimed secondary battery) ([0009], [0057], entire disclosure dependent upon) comprising:
a housing 25, wherein the housing 25 comprises an end wall (either cap/cover 42 or a bottom portion) and a side wall surrounding the end wall, the end wall comprises at least one terminal hole (for either terminal 26, 28) and an annular fracture groove 72 (explosion-proof notch) surrounding the terminal hole, and an area surrounded by the explosion-proof notch on the end wall is an explosion-proof area (Fig. 4, [0057], [0123]);
an electrode terminal 26,28 covering the terminal hole and fixed on the end wall ([0057]), wherein an insulator (insulating sealing member) is disposed between the electrode terminal 26,28 and the end wall ([0064]);
a wound cell element 30 (electrode assembly) disposed in the housing 25 ([0067]), wherein a side of the electrode assembly 30 facing the end wall comprises a first electrode tab (Fig. 4, [0059]); and
a current collecting member (either negative or positive current collector) disposed in the housing 25 and located between the first electrode tab and the electrode terminal 26,28 ([0058]-[0059]), wherein the current collector member comprises a main body portion (comprising at least outer member 648) and a terminal connecting portion (comprising at least inner member 644), the main body portion is connected to the first electrode tab (i.e. is incorporated within), and the terminal connecting portion is connected to an inner surface of the electrode terminal facing the electrode assembly (Fig. 4, [0059]);
wherein the main body portion comprises a deformable portion (as defined by the apertures of the current collector that allow the current collector to substantially bend) connected to the terminal connecting portion, in response to an internal pressure of the housing being greater than a pre-determined amount (threshold value), the explosion-proof notch 72 breaks, the explosion-proof area is at least partially separated from the housing 25 (allowing for the vent 70 to open) and drives the electrode terminal 26,28 to move to a side away from the electrode assembly, and the deformable portion deforms to maintain a connection between the electrode terminal and the main body portion (Figs. 24A-B, [0074], [0102]-[0106],[0122]-[0125]).
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Annotated Figure 4 of Fuhr
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Annotated Figure 21 of Fuhr
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Annotated Figures 24A-B of Fuhr
Regarding Claim 2, Fuhr teaches the instantly claimed secondary battery according to Claim 1, and Fuhr discloses wherein the terminal connecting portion is disposed in a central area of the main body portion (Fig. 21, [0105]), and the deformable portion comprises a first bending structure (i.e. the apertures of the current collector allow the current collector to substantially bend) surrounding the terminal connecting portion ([0105]).
Regarding Claim 3, Fuhr teaches the instantly claimed secondary battery according to Claim 2, and Fuhr discloses wherein the first bending structure comprises a first recess and a first protrusion (i.e. protrusions and their corresponding grooves) ([0087]), the first recess is recessed from a side of the main body portion to another side of the main body portion of the current collector, the first protrusion is formed correspondingly on another side of the main body portion of the current collector, and the first protrusion is arranged in a rounded profile (annular shape) and surrounds an outer periphery of the terminal connecting portion (Fig. 14-17, [0087]-[0091]).
Regarding Claim 4, Fuhr teaches the instantly claimed secondary battery according to Claim 3, and Fuhr discloses wherein the first protrusion is disposed on a side of the main body portion facing the end wall, and the first recess is disposed on a side of the main body portion facing the electrode assembly (Fig. 14-17, [0087]-[0091]).
Regarding Claim 9, Fuhr teaches the instantly claimed secondary battery according to Claim 1, and Fuhr discloses wherein the electrode terminal is disposed with a recess (such as a groove) on a side facing the electrode assembly, and the terminal connecting portion is disposed with a corresponding protrusion on a side facing the electrode terminal, and the protrusion and the recess are abutted against each other and connected by welding along weld lines 346 (Fig. 14, [0087]-[0091]).
Regarding Claim 10, Fuhr teaches the instantly claimed secondary battery according to Claim 1, and Fuhr discloses wherein the terminal connecting portion and the main body portion are separately structured ([0102]-[0106], [0134]-[0136]). While Fuhr does not explicitly state that a thickness of the terminal connecting portion is greater than a thickness of the main body portion, Fuhr does disclose that the terminal connecting portion may have varying geometries – which would include the instance wherein a thickness of the terminal connecting portion is greater than a thickness of the main body portion ([0102]-[0106]).
Regarding Claim 13, Fuhr teaches the instantly claimed secondary battery according to Claim 1, and Fuhr discloses wherein the main body portion comprises a supporting portion (comprising at least arms 642) disposed radially (annularly), the terminal connecting portion is located in a central area of the supporting portion, the deformable portion comprises a weak portion extending from the supporting portion to the terminal portion (i.e. the space made by the apertures between the arms), and the terminal connecting portion is connected to the main body portion through extensions 650 disposed in the weak portion (Fig. 21, [0102]-[0105]).
Regarding Claim 14, Fuhr teaches the instantly claimed secondary battery according to Claim 13, and Fuhr discloses wherein the weak portion comprises a bend-guiding portion that guides the weak portion to bend (i.e. the portion of inner member 644 that is configured to flex when the vent 70 deploys) ([0106]).
Regarding Claim 15, Fuhr teaches the instantly claimed secondary battery according to Claim 14, and Fuhr discloses wherein the bend-guiding portion comprises a second bending portion (i.e. the additional apertures and slots as defined by the outer member 648, arms 642, extensions 650, and inner member 644), and the second bending portion is disposed on a side of the weak portion close to the supporting portion ([0106]).
Regarding Claim 16, Fuhr teaches the instantly claimed secondary battery according to Claim 14, and Fuhr discloses wherein the bend-guiding portion comprises a crease (defined by wherein the inner member 644 flexes with respect to the outer member 648), and the crease is disposed on a side of the weak portion close the supporting portion ([0106]).
Regarding Claim 17, Fuhr teaches the instantly claimed secondary battery according to Claim 13, and Fuhr discloses wherein the main body portion further comprises at least one tab (a plurality of electrode tab connecting portions), the plurality of electrode tab connecting portions extend from the supporting portion toward a center of the electrode assembly, and the plurality of electrode tab connecting portions are spaced apart from the terminal connecting portion (Figs. 26-27, [0131]).
Regarding Claim 18, Fuhr teaches the instantly claimed secondary battery according to Claim 13, and Fuhr discloses wherein along a height direction of the secondary battery, an orthographic projection of the supporting portion is located outside of an orthographic projection of the explosion-proof area and is not overlapped with the orthographic projection of the explosion proof area (the explosion-proof area is located externally to the supporting portion [0124]).
Regarding Claim 19, Fuhr discloses a battery system 21 (battery assembly) comprising the secondary battery as claimed in Claim 1 ([0055]).
Regarding Claim 20, Fuhr discloses a vehicle (electronic apparatus) comprising the battery assembly as claimed in Claim 19 ([0053]).
Claims 1-2 and 19 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Makino WO Publication 2022/167586 (machine translation provided, for purposes of examination US PG Publication 2024/0162474 is cited throughout).
Regarding Claim 1, Makino discloses a secondary cell (corresponding to the instantly claimed secondary battery) (Abstract, entire disclosure dependent upon) comprising:
a cylindrical can 2 (housing), wherein the housing comprises a first can end side 2a (end wall) and a side wall surrounding the end wall 2a (Fig. 2, [0069]), the end wall 2a comprises an opening 2c (terminal hole) and a rivet head 6b (explosion-proof notch) surrounding the terminal hole 2c (Fig. 4, [0072]), and an area surrounded by the explosion-proof notch on the end wall 2a is an explosion-proof area ([0072] - by allowing for gas to access the vent in the rivet head 6b);
an electrode terminal 3 covering the terminal hole 2c and fixed on the end wall 2a (fig. 4, [0072]-[0073]), wherein an insulation layer 7 (insulation sealing member) is disposed between the electrode terminal 3 and the end wall 2a ([0082]);
an electrode assembly comprising at least a first conductive sheet disposed in the housing 2 ([0008]), wherein a side of the electrode assembly facing the end wall 2a comprises a first electrode tab ([0019]); and
a current collector (current collecting member) disposed in the housing 2 and located between the first electrode tab and the electrode terminal 3 ([0014]), wherein the current collecting member comprises a main body portion and a terminal connecting portion, the main body portion is connected to the first electrode tab (via the electrode lead plate), and the terminal connecting portion is connected to an inner surface of the electrode terminal 3 facing the electrode assembly ([0014], [0072]-[0074]);
wherein the main body portion comprises a protrusion 6a (deformable portion) connected to the terminal connecting portion ([0077]), in response to an internal pressure of the housing 2 being greater than a predetermined level (threshold value), the explosion-proof notch 6b breaks, the explosion-proof area is at least partially separated from the housing 2 (i.e. the vent arrangement 11 in the rivet head opens) and drives the electrode terminal 3 to move to a side away from the electrode assembly ([0078]), and the deformable portion 6a deforms to maintain a connection between the electrode terminal and the main body portion in order to maintain an uninterrupted current path directly to the terminal 3 ([0076]-[0078]).
Regarding Claim 2, Makino teaches the instantly claimed secondary battery according to Claim 1, and Makino discloses wherein the terminal connecting portion is disposed in a central area of the main body portion (i.e. they are one piece in order to reduce production and cost) ([0072]-[0074]), and the deformable portion 6a comprises a first bending structure surrounding the terminal connecting portion (Fig. 7).
Regarding Claim 19, Makino teaches the instantly claimed secondary battery according to Claim 1, and Makino discloses a rechargeable battery comprising the secondary battery according to Claim 1 ([0005]).
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 5-8 and 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Fuhr US PG Publication 2011/0256433.
Regarding Claim 5, Fuhr teaches the instantly claimed secondary battery according to Claim 4. While Fuhr does not explicitly disclose the width and height of the first protrusion, Fuhr does teach that the current collectors (including the appendages forming the first protrusion and first recess) are formed from a relatively thin sheet such that the current collectors are flexible and pliable ([0101], [0138])1.
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application through routine experimentation with a reasonable expectation of success to optimize the width and height of the first protrusion of Fuhr (for example, to a value in accordance with the instantly claimed range) as a result-effective variable insofar as Fuhr teaches that relatively thin sheets of current collectors (and their corresponding appendages) are flexible and pliable.
1 “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
Regarding Claim 6, Fuhr teaches the instantly claimed secondary battery according to Claim 4, and (as stated in the rejection of Claim 4 above) Fuhr discloses wherein the first protrusion is formed in an annular shape (Fig. 14-17, [0087]-[0091]). While Fuhr does not explicitly disclose the outer diameter of the first protrusion, Fuhr does teach that the current collectors (including the apertures forming the first protrusion and first recess) are formed from a relatively thin sheet such that the current collectors are flexible and pliable ([0101], [0138])1.
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application through routine experimentation with a reasonable expectation of success to optimize the diameter of the first protrusion of Fuhr (for example, to a value in accordance with the instantly claimed range) as a result-effective variable insofar as Fuhr teaches that relatively thin sheets of current collectors (and their corresponding appendages) are flexible and pliable.
1 “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
Regarding Claim 7, Fuhr teaches the instantly claimed secondary battery according to Claim 1. While Fuhr does not explicitly disclose the welding strength between the electrode terminal and the terminal connecting portion, Fuhr does disclose welding the electrode terminal to the terminal connecting portion and that an increased weld strength provides for better weld control ([0064], [0134]-[0136])1.
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application through routine experimentation with a reasonable expectation of success to optimize the welding strength between the electrode terminal and the terminal connecting portion of Fuhr (for example, to a value in accordance with the instantly claimed range) as a result-effective variable insofar as Fuhr teaches that an increased weld strength provides for better weld control.
1 “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
Regarding Claim 8, Fuhr teaches the instantly claimed secondary battery according to Claim 7, and Fuhr discloses wherein the electrode terminal is disposed with a thinned area along a thickness direction, and the terminal connecting portion and the thinned area are abutted against each other along weld lines 658 and connected by welding (Fig. 24C, [0105]).
Regarding Claim 11, Fuhr teaches the instantly claimed secondary battery according to Claim 10, and Fuhr discloses wherein the terminal connecting portion and the main body portion are connected by laser welding ([0105]). While Fuhr does not explicitly disclose a welding connection strength greater than 50 N, Fuhr does disclose welding the electrode terminal to the terminal connecting portion and that an increased weld strength provides for better weld control ([0064], [0134]-[0136])1.
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant application through routine experimentation with a reasonable expectation of success to optimize the welding connection strength of Fuhr (for example, to a value in accordance with the instantly claimed range) as a result-effective variable insofar as Fuhr teaches that an increased weld strength provides for better weld control.
1 “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
Regarding Claim 12, Fuhr teaches the instantly claimed secondary battery according to Claim 11, and Fuhr discloses wherein a weld line (welding mark) is formed between the terminal connecting portion and the main body portion, the welding mark is a radial shape (annular structure), and a quantity of rounds of the welding mark is at least one (which encompasses the claimed range of at least two) (Figs. 21, 24C, [0105])2.
2 In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLIVIA MASON MELFI whose telephone number is (703)756-4652. The examiner can normally be reached Monday-Thursday, 7am-6pm EST.
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/O.M.M./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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