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 § 103
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 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.
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Guen (US PGPub 2019/0312252 A1) and further in view of Guen (US PGPub 2017/0018759 A1), hereinafter referred to as Guen ‘759, and Toshiro et al. (US PGPub 2017/0324070 A1).
Regarding Claim 1, Guen discloses in Figs. 1-5 a secondary battery (101) ([0028]) comprising:
an electrode body (120) that includes a positive electrode plate (121) and a negative electrode plate (122) ([0028]-[0029], [0031], wherein the first electrode plate 121 comprising a transition metal oxide is a positive electrode plate and the second electrode plate 122 comprising graphite is a negative electrode plate as evidenced by [0021], [0023] of the instant specification);
an outer body (27) that has an opening and houses the electrode body (120) ([0028]);
a sealing plate (31 of 30) that seals the opening ([0028], [0048]);
an external terminal (50) that is attached to the sealing plate (31) ([0048]);
tabs (21b) that are provided in the positive electrode plate (121) ([0030]);
a current collector (140) that electrically connects the tabs (21b) to the external terminal (50) ([0039], [0048], [0050]); and
an injection port (5) that is formed in the sealing plate (31) ([0057]), wherein
the electrode body (120) includes a first sub electrode body (120a) and a second sub electrode body (120b) ([0030]),
each of the first sub electrode body (120a) and the second sub electrode body (120b) has the positive electrode plate (121) and the negative electrode plate (122) ([0030]),
the first sub electrode body (120a) has a first tab (21b) of the tabs (21b) ([0030], [0039]),
the second sub electrode body (120b) has a second tab (21b) of the tabs (21b) ([0030], [0039]),
each of the first tab (21b) and the second tab (21b) is extending toward the sealing plate (31) from an edge of a corresponding one of the first sub electrode body (120a) and the second sub electrode body (120b) adjacent to the sealing plate (31) (Fig. 4, [0039]-[0040]),
the first tab (21b) is joined to a first joint portion in the current collector (140), the second tab (21b) is joined to a second joint portion in the current collector (140), the first joint portion and the second joint portion are aligned in a short direction of the sealing plate (31) (Fig. 4, [0039])-[0040]), and
at least a portion of the injection port (5) is located between the first joint portion and the second joint portion in the short direction (Figs. 2 and 4-5, [0057], wherein the injection port 5 surrounds the current collector 140 and therefore at least a portion of the injection port 5 is located between the first joint portion and the second joint portion in the short direction).
Guen further discloses wherein the first tab (21b) and the second tab (21b) are attached to a surface of the current collector (140) facing away from the electrode body (120) (Fig. 4, [0039]-[0041]).
Consequently, Guen does not disclose wherein the first tab and the second tab are attached to a surface of the current collector facing the electrode body.
Guen ‘759 teaches in Figs. 1A-2B a secondary battery (100) comprising a current collector (143) that electrically connects tabs (121d) to an external terminal (141) ([0040], [0058]).
Specifically, Guen ‘759 teaches in Figs. 2A-2B wherein the tabs (121d) are attached to a surface of the current collector (143) facing an electrode body (120) ([0040], [0058]).
It would have been obvious to one of ordinary skill in the art to attach the first tab of Guen and the second tab of Guen to a surface of the current collector of Guen facing the electrode body of Guen, as taught by Guen ‘759, as such is a known configuration in art and therefore the skilled artisan would have reasonable expectation that such would successfully electrically connect the tabs of Guen to the external terminal of Guen, as desired by Guen.
Modified Guen further discloses wherein an insulation member (62 of Guen) is disposed between a second current collector (142 of Guen) and the sealing plate (31 of 30 of Guen) in order to support the second current collector (142 of Guen) while insulating members of different polarities from each other to prevent them from being short circuited (Fig. 2, [0069] of Guen).
Moreover, modified Guen discloses wherein the secondary battery (101 of Guen) may further comprise an insulating member (blocking member) that surrounds the current collector (140 of Guen) ([0045] of Guen).
However, modified Guen does not illustrate the insulating member (blocking member) in Figs. 1-5 of Guen.
Consequently, modified Guen does not disclose an insulation member interposed between the current collector and the sealing plate, wherein the insulating member has an opening overlapping the injection port, and the first joint portion and the second joint portion overlap the insulating member in a thickness direction of the sealing plate.
Toshiro teaches in Fig. 2 a secondary battery (100) comprising a sealing plate (12), a current collector (30A) that electrically connects a tab (41c) to an external terminal (20A), a second current collector (30B) that electrically connects a second tab (42c) to a second external terminal (20B), and an injection port (14) that is formed in the sealing plate (12) ([0021], [0024], [0027], [0047]).
Specifically, Toshiro teaches in Fig. 2 an insulating member (3) interposed between the current collector (30A)/the second current collector (30B) and the sealing plate (12), wherein the insulating member (3) has an opening (3b) overlapping the injection port (14) ([0029]).
It would have been obvious to one of ordinary skill in the art to form the insulating member of modified Guen to have the configuration taught by Toshiro, such that the insulating member is interposed between the current collector/the second current collector of modified Guen and the sealing plate of modified Guen, as such is a known configuration in the art, wherein the skilled artisan would have reasonable expectation that such would successfully support the current collector/the second current collector while insulating members of different polarities from each other to prevent them from being short circuited, as desired by modified Guen.
In light of the above, modified Guen further discloses wherein the first joint portion and the second joint portion overlap the insulating member in a thickness direction of the sealing plate (31 of 30 of Guen) (Fig. 2 of Guen and Fig. 2 of Toshiro).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Guen (US PGPub 2019/0312252 A1) in view of Guen (US PGPub 2017/0018759 A1), hereinafter referred to as Guen ‘759 and Toshiro et al. (US PGPub 2017/0324070 A1), as applied to Claim 1 above, and further in view of Masuda (JP 2012-049039 A, cited on the IDS dated February 22, 2024, see also the EPO machine generated English translation provided with the Office Action dated March 25, 2025).
Regarding Claim 12, modified Guen discloses all of the limitations as set forth above. However, modified Guen does not disclose wherein the insulating member includes an insulating member protrusion that has a tubular shape which surrounds the injection port.
Masuda teaches in Figs. 1-3 a secondary battery (RB) (L133) comprising:
a sealing plate (2) that seals an opening of an outer body (1) (L136-138);
a current collector (4) that electrically connects a tab (3a) to an external terminal (5) (L193-203),
an injection port (14) that is formed in the sealing plate (2) (L266-268), and
an insulating member (10) comprising an insulating member protrusion (10d) that has a tubular shape which surrounds the injection port (14) in order to ensure electrical insulation between the current collector (4) and the sealing plate (2) while suppressing ejection of an electrolytic solution from the injection port (14) (L241-254).
It would have been obvious to one of ordinary skill in the art to form the insulating member of modified Guen to include an insulating member protrusion that has a tubular shape which surrounds the injection port of modified Guen, as taught by Masuda, in order to suppress ejection of an electrolytic solution from the injection port while ensuring electrical insulation between the current collector/the second current collector of modified Guen and the sealing plate of modified Guen, as desired by modified Guen.
Allowable Subject Matter
Claims 3-11 and 13 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: the limitations of Claim 13 had been indicated as allowable subject matter in the prior Office Action dated March 25, 2025. Thus, refer to the prior Office Action dated March 25, 2025 for the statement of reasons for the indication of allowable subject matter.
Claims 3-11 are dependent on Claim 13 and therefore are indicated as allowable subject matter for the reasons set forth above.
Response to Arguments
Applicant’s arguments with respect to amended Claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference 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.
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/KIMBERLY WYLUDA/Examiner, Art Unit 1725