DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Specification
2. The disclosure is objected to because of the following informalities:
A. In paragraph [0043], the insulating gasket is referred to with both labels 140 and 150 while label 140 has previously been used to refer to the electrode terminal.
B. In paragraph [0049], the electrode tab is referred to with both labels 164 and 180.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
3. 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.
4. Claim 7 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.
As to claim 7, claim 7 recites the limitation "the central hole" in line 2. There is insufficient antecedent basis for this limitation in the claim. This appears to be a typographical error as the limitation “a central hole” was previously disclosed within line 2 of claim 5 and claim 7 is not presently dependent upon claim 5. For purposes of examination, claim 7 is dependent upon claim 1.
Claim Rejections - 35 USC § 103
5. 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.
6. Claims 1-7, and 10-14 are rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US-20210057681-A1, disclosed within IDS provided on 5 January 2024).
As to claim 1, Lee discloses a button-type secondary battery (figure 5, [0039]) having a diameter greater than a height thereof [0039], the button-type secondary battery comprising:
a jelly roll-type electrode assembly in which electrodes and separators are wound (figure 5, electrode assembly 200, [0046]);
a can body housing the electrode assembly (figure 5, case 190);
a base plate (figure 5, cap plate 120) including a through-hole (figure 5, terminal hole 122) and covering an opening at an upper end of the can body (figure 5, cap plate 120), the base plate being bonded to the can body [0044];
an electrode terminal covering the through-hole of the base plate (figure 5, terminal plate 140), at least a portion of the electrode terminal being inserted into the through-hole of the base plate (figure 5, tab bonding portion 143);
an insulating gasket configured to insulate the electrode terminal and the base plate from each other (figure 5, thermal fusion member 160, [0078]); and
an insulating sheet (figure 5, insulating film 235) disposed on a bottom surface of the base plate to insulate the bottom surface of the base plate (figure 5, insulating film 235, [0077]),
wherein the electrode terminal comprises:
an insertion part inserted into the through-hole of the base plate (figure 5, tab binding portion 143); and
a terminal plate part (figure 5, flange portion 145) extending outward from an upper end of the insertion part (figure 5, flange portion 145) and having a plate shape (figure 5, flange portion 145).
However, Lee does not disclose wherein the insertion part has a diameter that gradually increases in a direction toward the electrode assembly.
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 button-type secondary battery as disclosed within Lee to include that the insertion part has a diameter that gradually increases towards the electrode assembly because it has been held that the configuration or shape of a claimed device is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed device is significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
As to claim 2, Lee discloses the button-type secondary battery as disclosed within claim 1, and further discloses wherein an edge of the base plate and the opening of the can body are bonded to each other [0044]. However, the product-by-process limitations of claim 2 (laser welding) are not given patentable weight since the courts have held that patentability is based on a product itself, even if the prior art product is made by a different process (In re Thorpe, 227 USPQ 964, 1985). Moreover, a product-by-process limitation is held to be obvious if the product is similar to a prior art product (In re Brown, 173 USPQ, and In re Fessman, 180 USPQ 324). Claim 2 as written does not distinguish the product of the instant application from the product of the prior art.
As to claim 3, Lee discloses the button-type secondary battery as disclosed within claim 1, and further discloses wherein the electrode terminal, the insulating gasket, and the base plate are bonded to each other through thermal fusion [0059-0061].
As to claim 4, Lee discloses the button-type secondary battery as disclosed within claim 1, and further discloses wherein the insulating sheet is attached to the bottom surface of the base plate (figure 4, insulating film 235, [0077]).
As to claim 5, Lee discloses the button-type secondary battery as disclosed within claim 1, and further discloses wherein a central hole is defined in a winding center of the electrode assembly (figure 5, central hole defined by space center pin 210 is positioned within), and a bottom surface of the insertion part of the electrode terminal has a diameter greater than a diameter of the central hole (figure 5, tab binding portion 143, central hole defined by space center pin 210 is positioned within).
As to claim 6, Lee discloses the button-type secondary battery as disclosed within claim 1, however, Lee does not disclose wherein a cross-section of the insertion part of the electrode terminal has a trapezoidal shape, and the trapezoidal shape has a lower side longer than an upper side thereof.
However, 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 button-type secondary battery as disclosed within Lee to include that the insertion part is trapezoidal when viewed in cross section with the lower side of the insertion part being longer than the upper side.
because it has been held that the configuration or shape of a claimed device is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed device is significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
As to claim 7, Lee discloses the button-type secondary battery as disclosed within claim 1, and further discloses wherein, in a plan view, an area occupied by the central hole is disposed within an area occupied by a bottom surface of the insertion part of the electrode terminal (figure 5, tab binding portion 143, central hole defined by space center pin 210 is positioned within).
As to claim 10, Lee discloses the button-type secondary battery as disclosed within claim 5, and further discloses wherein the button-type secondary battery is further comprising a center pin disposed in the central hole (figure 5, central pin 210).
As to claim 11, Lee discloses the button-type secondary battery as disclosed within claim 10, and further discloses wherein a diameter of the bottom surface of the insertion part of the electrode terminal is greater than a diameter of the center pin (figure 5, tab bonding portion 143).
As to claim 12, Lee discloses the button-type secondary battery as disclosed within claim 10, and further discloses wherein, in a plan view, an area occupied by the center pin is disposed within an area occupied by the bottom surface of the insertion part of the electrode terminal (figure 5, tab bonding portion 143).
As to claim 13, Lee discloses the button-type secondary battery as disclosed within claim 10, and further discloses wherein the bottom surface of the insertion part of the electrode terminal has a diameter which is three or more times a diameter of the center pin and is equal to or less than a diameter of the electrode assembly (figure 5, tab bonding portion 143).
As to claim 14, Lee discloses the button-type secondary battery as disclosed within claim 1, and further discloses wherein the electrode terminal has a positive polarity ([0045] and [0068-0073]), and each of the can body and the base plate has a negative polarity ([0045] and [0068-0073]).
7. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US-20210057681-A1, disclosed within IDS provided on 5 January 2024) as applied to claim 1, and further in view of Lim et al. (US-20210320386-A1).
As to claim 8, Lee discloses the button-type secondary battery as disclosed within claim 1, however, Lee does not disclose wherein a diameter of a bottom surface of the insertion part of the electrode terminal is greater than or equal to 0.5 times a diameter of the electrode assembly and less than or equal to the diameter of the electrode assembly.
Lim discloses a rechargeable battery in the shape of a button-type secondary battery, wherein a diameter of a bottom surface of the insertion part of the electrode terminal is greater than or equal to 0.5 times a diameter of the electrode assembly and less than or equal to the diameter of the electrode assembly (figure 3, flange 331, [0013]) so that the flange part is positioned between the cap plate and the electrode assembly.
As such, 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 button-type secondary battery as disclosed within Lee to further require that the insertion part of the electrode terminal is greater than or equal to 0.5 times a diameter of the electrode assembly and less than or equal to the diameter of the electrode assembly so that the insertion part is positioned between the electrode assembly and the cap of the battery as disclosed within Lim.
8. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Lee et al. (US-20210057681-A1, disclosed within IDS provided on 5 January 2024) as applied to claim 1, and further in view of Woo (US-20210184184-A1, disclosed within IDS provided on 5 January 2024).
As to claim 9, Lee discloses the button-type secondary battery as disclosed within claim 1, however, Lee does not disclose wherein the insulating sheet has an insertion hole therein, and the insertion part of the electrode terminal pass through the insertion hole of the insulating sheet.
Woo discloses a rechargeable battery in the shape of a button-type secondary battery, wherein the insulating sheet has an insertion hole therein (figure 3, opening 611), and the insertion part of the electrode terminal pass through the insertion hole of the insulating sheet (figure 3, opening 611) so that the terminal can be welded to an electrode tab (figure 3, [0060]).
As such, 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 button-type secondary battery as disclosed within Lee to further require that the insulating sheet has an insertion hole therein that the electrode terminal can pass through to weld to an electrode tab as disclosed within Woo.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB JEROME SCHULER whose telephone number is (571)272-8487. The examiner can normally be reached Mon-Fri. 7:30am-5pm.
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, Barbara Gilliam can be reached at 5712721330. 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.
/J.J.S./Examiner, Art Unit 1727
/Maria Laios/Primary Examiner, Art Unit 1727
Prosecution Insights