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 .
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.
Claim(s) 1 and 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miyahisa et al (US 2005/0048365).
Regarding claim 1, Miyahisa teaches sealed battery comprising a cap-shaped positive electrode terminal 22, considered to constitute the instantly claimed cap, and filter section 21, considered to constitute the instantly claimed current collector plate, which can be seen as placed nearer to the electrode assembly than the cap (Fig. 1). Miyahisa teaches that the filter section 21 and the cap-shaped positive electrode terminal 22 are connected by welding (par. 78). The portion of the filter section 21 contacting (and welded to) the cap-shaped positive electrode terminal 22 protrudes upward toward said terminal 22 (Fig. 1). The electrode assembly, outer housing can, and sealing assembly can also be seen in Figure 1.
Regarding claim 5, a top view of the battery of Miyahisa would show that the protrusion portion of the filter section 21 forms an annular shape around the center of the battery.
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) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyahisa et al (US 2005/0048365) as applied to claim 6 above.
Miyahisa teaches a sealed battery according to claim 1, as shown above.
Miyahisa states that conventional leads can be eliminated by connecting welding rack sections 17 of the positive electrode collector 11 to the filter section 21 by current-carrying welding (par. 54). Insomuch as the electrodes are electrically connected to the cap, such physical means are considered to constitute, at least in part, a functional electrode lead, as claimed. In the alternative, insomuch as such claimed electrode leads are conventionally known in the art, as even taught by Miyahisa, above, the notion of further limiting the invention of claim 1 to requiring electrode leads cannot be considered inventive, of itself, over the teachings of Miyahisa without a showing of criticality. While Miyahisa suggests that use of conventional leads can be eliminated, one of ordinary skill would have been able to use such leads with predictable results and a reasonable expectation of success, especially in view of the fact that they are conventionally known in the art. The expectation of using conventional leads, according to the teachings of Miyahisa, would be a battery having increased internal resistance and a lower potential power output (par. 54).
Allowable Subject Matter
Claims 2-4 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: Miyahisa is considered to represent the closest related prior art to the claimed invention, as shown above. Miyahisa fails to teach or otherwise suggest that the cap-shaped positive electrical terminal 22, relating to the instantly claimed cap, has a recess to which the protrusion of the filter section 21, relating to the instantly claimed current collector plate, is fitted.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to COLIN W SLIFKA whose telephone number is (571)270-5830. The examiner can normally be reached Monday-Friday, 9:00 AM-5:30 PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ching-Yiu (Coris) Fung can be reached at 571-270-5713. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Colin W. Slifka/Primary Examiner, Art Unit 1732
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