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 .
Summary
This is the response to the Amendment/Request for Reconsideration filed on 08/07/2026.
Claims 1 and 3-15 remain pending in the application.
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.
Claim(s) 1 and 5-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tamura et al. (JPH06290812 with provided machine English translation) in view of Hwang et al. (KR20220120226 with provided machine English translation).
Addressing claim 1, Tamura discloses a battery case 10 (fig. 4), comprising:
a battery case cover 17 and a gas adsorber (30+21) accommodated inside the battery case (fig. 4),
wherein the gas adsorber comprises a shape memory alloy 33 [0033] and a neutralizing agent container 21 containing a neutralizing agent [0033], and
wherein the shape memory alloy is configured to be bent due to an increase of an internal temperature of the battery case (paragraph [0033] discloses the needle-shaped member 33 is made of shape memory alloy that expands and contracts with temperature or extending downward when the temperature increases [0034]; the expansion of the memory shape alloy member 33 changes its shape which corresponds to the limitation “to be bent due to an increase of an internal temperature”) so as to penetrate the neutralizing agent container 21 to open the neutralizing agent container [0034].
Tamura is silent regarding the claimed gas adsorption pack. However, Tamura discloses the neutralizing agent is powder or granules [0008].
Hwang discloses a battery case comprising a gas adsorption pack 80 filled with a gas adsorbent (60 and 70).
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the battery case of Tamura with the gas adsorbents positioned in the container as disclosed by Hwang in order to absorb gas and moisture generated inside the battery thus preventing swelling and deterioration of the battery (Hwang, [0025-0028]).
Addressing claim 5, Tamura discloses the memory shape alloy 33 expands due to the increase in temperature which corresponds to the claimed one-way shape memory effect.
Addressing claim 6, Tamura discloses in fig. 4 that the gas adsorber 21 is configured to be attached to an inner wall of the case cover 17 (the gas adsorber is attached to the inner wall of the case cover via the intervening structures).
Addressing claim 7, Hwang discloses in fig. 1 that the gas adsorbent comprises gas adsorbent molecular sieve (60+70, the particles 60+70 and the space in between the particles correspond to the claimed sieve; the particles 60 and 70 are made of molecules thus satisfying the claimed molecular).
Addressing claims 8 and 10, Hwang discloses the material of the gas absorber in paragraph [0034] that corresponds to the claimed porous metal oxide such as sodium hydroxide. Hwang further discloses in paragraph [0037] silica gel and zeolite as the gas absorbing material.
Addressing claim 9, the limitation of claim 9 further defines the gas adsorbent metal material of claim 7, since Hwang already teaches the zeolite material of claim 7, Tamura in view of Hwang does not need to teach the limitation of claim 9 since the gas adsorbent metal material is recited as alternative in claim 7. In other words, when the limitation of claim 9 is rewritten to include the limitation of claim 7, the limitation of claim 9 would be “wherein the gas adsorbent comprises one or more of a gas adsorbent molecular sieve, a gas adsorbent metal, or a gas adsorption material; wherein the gas adsorbent metal comprises one or more of nickel … tungsten (W)” (emphasis added). It is clear from the discussion above, that since Hwang teaches the zeolite material and sodium hydroxide material, as the structural equivalence to the claimed molecular sieve and gas adsorption material, Tamura in view of Hwang does not need to teach the particulars of the gas adsorption metal of claim 9.
Addressing claim 11, paragraph [0029] of Hwang discloses the gas adsorption pack comprises polypropylene that corresponds to the claimed olefin-based resin. Tamura discloses in paragraph [0030] that container for the neutralizing agent is made of polyethylene or polypropylene.
Addressing claim 12, fig. 4 of Tamura shows the gas adsorber is installed so that the shape memory alloy 33 is positioned between an inner wall of the battery case cover 17 and the gas adsorption pack 21. Or the shape memory alloy 33 is positioned on a side of the gas adsorption pack 21 positioned on an inner wall of the battery case cover (fig. 4).
Addressing claim 13, Tamura in view of Hwang discloses a secondary battery 10, comprising the battery case according to claim 1 (see rejection of claim 1 above), an electrode assembly 15 accommodated inside the battery case, and an electrolyte (Hwang, [0038]) inside the battery case.
Addressing claim 14, Tamura discloses the gas adsorption pack 21 is positioned inside the battery case, which is blocked from outside air. Or the gas adsorption pack 21 is configured to be opened to adsorb and remove gas (via the gas adsorbent materials disclosed by Hwang).
Claim(s) 3-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tamura et al. (JPH06290812 with provided machine English translation) in view of Hwang et al. (KR20220120226 with provided machine English translation) as applied to claims 1 and 5-14 above, and further in view of Park et al. (WO2021/225237 with the equivalent English translation provided by US2023/0109116).
Addressing claims 3-5, Tamura discloses the desire to activate the neutralizing agent before the melting point of lithium of approximately 180 oC, such as between 100 and 150 oC [0030].
Park discloses a pouch-type battery comprising a battery case (cell case, [0036]) and a fire-extinguishing pack 210 that is opened via the breaking unit 220 that is made of shape memory alloy [0047] due to increase in temperature. Park discloses in paragraph [0054] the claimed materials.
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the shape memory alloy of Tamura with the known shape memory alloy material of Park in order to obtain the predictable result of changing the shape of the shape memory alloy due to an increase in temperature of the battery to penetrate a container (Rationale B, KSR decision, MPEP 2143). Park discloses the same shape memory alloy materials as those of current application; therefore, the shape memory alloy materials of Park has all of the associated properties as those of current application, including the claimed shape recovery temperature range of claim 4 and one-way shape memory effect of claim 5.
Claim(s) 1 and 3-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hwang et al. (KR20220120226 with provided machine English translation) in view of Park et al. (WO2021/225237 with the equivalent English translation provided by US2023/0109116) and Tamura et al. (JPH06290812 with provided machine English translation).
Addressing claim 1, Hwang discloses a battery case 40, comprising a battery case cover (one of the layers that form the pouch [0022-0024]) and a gas adsorber (50-80) comprises a gas adsorption pack 80 filled with a gas adsorbent (60+70) configured to open when an internal temperature of the battery case increases [0003 and 0027].
Hwang is silent regarding a shape memory alloy configured to be bent due to an increase of an internal temperature of the battery case so as to penetrate the gas adsorption pack to open the gas adsorption pack.
Tamura discloses a battery case 10 (fig. 4), comprising: a battery case cover 17 and a gas adsorber (30+21) accommodated inside the battery case (fig. 4),
wherein the gas adsorber comprises a shape memory alloy 33 [0033] and a neutralizing agent container 21 containing a neutralizing agent [0033], and
wherein the shape memory alloy is configured to be bent due to an increase of an internal temperature of the battery case (paragraph [0033] discloses the needle-shaped member 33 is made of shape memory alloy that expands and contracts with temperature or extending downward when the temperature increases [0034]; the expansion of the memory shape alloy member 33 changes its shape which corresponds to the limitation “to be bent due to an increase of an internal temperature”) so as to penetrate the neutralizing agent container 21 to open the neutralizing agent container [0034] as an alternative to an embodiment in which the neutralizing agent container is made of material that melts to release the gas neutralizing agent [0030] similarly to the configuration of Hwang.
Park discloses a pouch-type battery comprising a battery case (cell case, [0036]) and a fire-extinguishing pack 210 that is opened via the breaking unit 220 that is made of shape memory alloy [0047] due to increase in temperature.
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the battery case of Hwang by substituting the known configuration of opening a gas adsorption pack via material that is configured to rupture due to an increase in temperature with the known configuration of opening a gas adsorption pack via memory shape alloy structure that penetrates the gas adsorption pack to activate the gas adsorbent due to an increase in temperature as disclosed by Tamura Park in order to obtain the predictable result of preventing battery reaction and relieving pressure within the battery case (Rationale B, KSR decision, MPEP 2143).
Addressing claims 3-5, Park discloses in paragraph [0054] the materials of claim 3. Park discloses the same shape memory alloy materials as those of current application; therefore, the shape memory alloy materials of Park has all of the associated properties as those of current application, including the claimed shape recovery temperature range of claim 4 and one-way shape memory effect of claim 5.
Addressing claim 6, fig. 1 shows the gas adsorber is configured to be attached to an inner wall of the case cover.
Addressing claims 7-8 and 10, Kwang discloses in paragraph [0034] that the gas adsorbent material includes sodium hydroxide and in paragraph [0037] zeolite.
Addressing claim 9, the limitation of claim 9 further defines the gas adsorbent metal material of claim 7, since Yokoyama already teaches the zeolite material of claim 7, Hwang in view of Park and Tamura does not need to teach the limitation of claim 9 since the gas adsorbent metal material is recited as alternative in claim 7. In other words, when the limitation of claim 9 is rewritten to include the limitation of claim 7, the limitation of claim 9 would be “wherein the gas adsorbent comprises one or more of a gas adsorbent molecular sieve, a gas adsorbent metal, or a gas adsorption material; wherein the gas adsorbent metal comprises one or more of nickel … tungsten (W)” (emphasis added). It is clear from the discussion above, that since Hwang teaches the zeolite material, as the structural equivalence to the claimed molecular sieve and gas adsorption material, Hwang in view of Park and Tamura does not need to teach the particulars of the gas adsorption metal of claim 9.
Addressing claim 11, paragraph [0029] of Hwang discloses the gas adsorption pack is made of polypropylene that qualifies as the claimed olefin-based resin.
Addressing claim 12, Hwang discloses the gas adsorption pack is formed on the inner wall of the battery case cover (fig. 1). Tamura discloses the memory shape alloy 33 is positioned between neutralizing agent container and the case cover (fig. 4). Therefore, , one of ordinary skill in the art would have found it obvious to modify the battery case of Hwang with the shape memory alloy material of Park being installed between the inner wall of the battery case cover and the gas adsorption pack as disclosed by Tamura in order to open the gas adsorption pack with the shape memory alloy material due to increase in pressure and temperature.
Addressing claim 13, Hwang discloses in fig. 1 a secondary battery, comprising the battery case according to claim 1 as discussed in the rejection of claim 1 above, an electrode assembly 10 accommodated inside the battery case, and an electrolyte inside the battery case [0038].
Addressing claim 14, Hwang discloses the gas adsorption pack is configured to be blocked from outside air (fig. 1 shows the gas adsorption pack is sealed within the battery case) or configured to be opened to adsorb and remove gas (via opening the sealing portion 50, [0026]).
Addressing claim 15, Hwang discloses in paragraph [0027] that the secondary battery is a pouch-type battery.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 3-15 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BACH T DINH whose telephone number is (571)270-5118. The examiner can normally be reached Mon-Friday 8:00 - 4:30 EST.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Barton can be reached at (571)-272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BACH T DINH/Primary Examiner, Art Unit 1726 08/18/2026
Prosecution Insights