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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-25 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Urushihara (US-20180205044-A1), hereafter referred to as Urushihara.
Regarding Claim 1, Urushihara teaches a secondary battery (“the tube-shaped battery 1 to which this disclosure is applied includes a primary battery and a secondary battery,” paragraph 25; 1 in Fig. 1) comprising: an electrode assembly (3 and 4 in Fig. 1); a can accommodating the electrode assembly (“a positive electrode 3, a negative electrode 4, a separator 5, and a non-aqueous organic electrolyte 6 as power generating elements are housed in a battery can 2,” paragraph 25; 2 in Fig. 1); a terminal portion comprising a rivet terminal coupled to one side in a longitudinal direction of the can and electrically connected to the electrode assembly (“electrode terminal 30,” paragraph 26; 30 in Figs. 2-4) and at least one insulator between the can and the rivet terminal to insulate the can and the rivet terminal from each other (“a gasket 50 made of a resin having an electrical insulating property,” paragraph 26; 50 in Figs. 2, 4, and 5 is shown physically between the rivet terminal and the can); and a rotation preventing portion on at least one of the can or the terminal portion (“since the planar shape of the protrusion 36 is non-circular, the electrode terminal 30 and the upper gasket 50a do not rotate relatively even when a force around the cylinder axis 100 is, at least, applied to the terminal portion 31,” paragraph 28; 36 in Figs. 3A and 3B).
Regarding Claim 2, Urushihara further teaches the secondary battery as claimed in claim 1, wherein the can comprises a circular upper surface and a terminal hole in the circular upper surface, wherein the rivet terminal is in the terminal hole (“an opening 41 through which the inserting portion 32 of the electrode terminal 30 is inserted,” paragraph 26; 32 and 41 in Fig. 2), and wherein the rivet terminal comprises a head on an outside of the circular upper surface and a main body in the terminal hole and inside the can (“electrode terminal 30 has a disc-shaped terminal portion 31 and a column-shaped inserting portion 32 provided to protrude on a lower surface,” paragraph 26; 31 and 32 in Fig. 2).
Regarding Claim 3, Urushihara further teaches the secondary battery as claimed in claim 2, wherein the rotation preventing portion comprises a first rotation preventing portion on the circular upper surface of the can (36 in Fig. 2).
Regarding Claim 4, Urushihara does not specifically teach the secondary battery as claimed in claim 3, wherein the first rotation preventing portion is a laser engraving. However, Urushihara does disclose a first rotation preventing portion. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even if the prior product was made by a different process. The process is only considered to the extent that it provides a structural difference. See MPEP 2113 (I). In this case, the applicant’s specification notes that resulting structure formed by laser engraving “may be in the form of a protrusion” (paragraph 88). Thus, the structure taught by Urushihara, protrusion 36, meets the claim and is like that described in applicant’s specification to be formed by laser engraving.
Regarding Claim 5, Urushihara further teaches the secondary battery as claimed in claim 4, wherein the first rotation preventing portion is a pattern selected from the group consisting of a dotted line, a straight line, a curve, and a figure (“the protrusion 36 that circles around the inserting portion 32 has a planar shape that is non-circular, and in this example is formed into an annular shape having a regular-hexagonal contour that is coaxial with the inserting portion 32” paragraph 28).
Regarding Claim 6, Urushihara further teaches the secondary battery as claimed in claim 5, wherein the rotation preventing portion further comprises a second rotation preventing portion on a surface of the head of the rivet terminal facing the circular upper surface (“the protrusion 36 of the terminal portion 31 digs into an upper surface of the upper gasket 50a made of a resin, and the protrusion 36 is buried in the upper gasket 50a,” paragraph 28; 50a in Fig. 2 shows that the insulator forms another rotation preventing portion that engages with protrusion 36).
Regarding Claim 7, Urushihara further teaches the secondary battery as claimed in claim 6, wherein the second rotation preventing portion is selected from the group consisting of a plurality of grooves, a plurality of protrusions, and a plurality of ribs (“the protrusion 36 of the terminal portion 31 digs into an upper surface of the upper gasket 50a made of a resin, and the protrusion 36 is buried in the upper gasket 50a,” paragraph 28; Figs. 2, 3A, and 3B shows that protrusion 36 consists of a plurality of protrusions, which ultimately form hexagonal shapes that imbed into and engage with the formed protrusions in the upper gasket 50a, as seen in Fig. 2).
Regarding Claim 8, Urushihara further teaches the secondary battery claimed in claim 7, wherein the rotation preventing portion further comprises a third rotation preventing portion on an outer peripheral surface of the main body of the rivet terminal [“a recessed portion (hereinafter referred to as a sealing-plate recessed portion 25a) having a hexagonal planar shape that engages with the upper protruding portion 58a of the upper gasket 50a is provided,” paragraph 32; “A lower surface 24 of the sealing plate 20 is formed with a protruding portion (hereinafter referred to as a sealing-plate protruding portion 25b) having a hexagonal planar shape,” paragraph 32; “the upper protruding portion 58a engages with the sealing-plate recessed portion 25a, and the sealing-plate protruding portion 25b engages with the lower recessed portion 58b,” paragraph 34; 36, 58a, 58b, 25a, 25b in Figs. 4 and 5].
Regarding Claim 9, Urushihara further teaches the secondary battery claimed in claim 8, wherein the third rotation preventing portion is selected from the group consisting of a plurality of grooves, a plurality of protrusions, and a plurality of ribs [“a recessed portion (hereinafter referred to as a sealing-plate recessed portion 25a) having a hexagonal planar shape that engages with the upper protruding portion 58a of the upper gasket 50a is provided,” paragraph 32; “A lower surface 24 of the sealing plate 20 is formed with a protruding portion (hereinafter referred to as a sealing-plate protruding portion 25b) having a hexagonal planar shape,” paragraph 32; “the upper protruding portion 58a engages with the sealing-plate recessed portion 25a, and the sealing-plate protruding portion 25b engages with the lower recessed portion 58b,” paragraph 34; 36, 58a, 58b, 25a, 25b in Figs. 4 and 5].
Regarding Claim 10, Urushihara further teaches the secondary battery claimed in claim 9, wherein the rotation preventing portion comprises a combination of two or more rotation preventing portions [“the protrusion 36 of the terminal portion 31 digs into an upper surface of the upper gasket 50a made of a resin, and the protrusion 36 is buried in the upper gasket 50a,” paragraph 28; 50a in Fig. 2 shows that the insulator forms another rotation preventing portion that engages with protrusion 36; “a recessed portion (hereinafter referred to as a sealing-plate recessed portion 25a) having a hexagonal planar shape that engages with the upper protruding portion 58a of the upper gasket 50a is provided,” paragraph 32; “A lower surface 24 of the sealing plate 20 is formed with a protruding portion (hereinafter referred to as a sealing-plate protruding portion 25b) having a hexagonal planar shape,” paragraph 32; “the upper protruding portion 58a engages with the sealing-plate recessed portion 25a, and the sealing-plate protruding portion 25b engages with the lower recessed portion 58b,” paragraph 34; 36, 58a, 58b, 25a, 25b in Figs. 4 and 5].
Regarding Claim 11, Urushihara further teaches the secondary battery as claimed in claim 10, further comprising at least one protrusion protruding on one of the insulator and the rivet terminal (“the protrusion 36 of the terminal portion 31 digs into an upper surface of the upper gasket 50a made of a resin, and the protrusion 36 is buried in the upper gasket 50a,” paragraph 28), and an accommodation groove for accommodating the protrusion on the other one of the insulator and the rivet terminal (Fig. 2 shows that 50a includes an accommodation groove for accommodating protrusion 36).
Regarding Claim 12, Urushihara further teaches the secondary battery as claimed in claim 1, further comprising at least one protrusion protruding on one of the insulator and the rivet terminal (“the protrusion 36 of the terminal portion 31 digs into an upper surface of the upper gasket 50a made of a resin, and the protrusion 36 is buried in the upper gasket 50a,” paragraph 28), and an accommodation groove for accommodating the protrusion on the other one of the insulator and the rivet terminal (Fig. 2 shows that 50a includes an accommodation groove for accommodating protrusion 36).
Regarding Claim 13, Urushihara teaches a secondary battery (“the tube-shaped battery 1 to which this disclosure is applied includes a primary battery and a secondary battery,” paragraph 25; 1 in Fig. 1) comprising: an electrode assembly including a first electrode plate, a second electrode plate, and a separator between the first electrode plate and the second electrode plate (“a positive electrode 3, a negative electrode 4, a separator 5,” paragraph 25; Fig. 1 shows separator 5 in between electrode plates 3 and 4; “positive electrode 3 is formed such that a slurry positive electrode material is applied over, for example, a lath plate made of stainless steel, and then, the applied plate is cut off into a predetermined size to be dried. The negative electrode 4 is a plate-shaped lithium metal or a lithium alloy,” paragraph 25), a can accommodating the electrode assembly (“a positive electrode 3, a negative electrode 4, a separator 5, and a non-aqueous organic electrolyte 6 as power generating elements are housed in a battery can 2,” paragraph 25; 2 in Fig. 1,”), the can comprising a circular upper surface portion (“the sealing body 10 in this embodiment includes a circular plate-shaped sealing plate 20,” paragraph 26; 10 and 20 in Figs. 2 and 4), a terminal hole in the circular upper surface portion (“the opening 21 of the sealing plate 20,” paragraph 26), and a side portion extending downward from the circular upper surface portion (2 in Fig. 1); a terminal portion comprising a rivet terminal in the terminal hole (“an opening 41 through which the inserting portion 32 of the electrode terminal 30 is inserted,” paragraph 26; 32 and 41 in Fig. 2) and electrically connected to the first electrode plate (“The negative-electrode lithium 4 is coupled to the lower surface 35 of the inserting portion 32 in an electrode terminal 30 described later via a negative electrode tab 8,” paragraph 25; 8 in Fig.1), and a plurality of insulators insulating between the rivet terminal and the circular upper surface portion (“gasket 50 made of a resin having an electrical insulating property,” paragraph 26; 50 in Figs. 2, 4, and 5 is shown physically between the rivet terminal and the can); and a rotation preventing portion on at least one of the can or the terminal portion (“since the planar shape of the protrusion 36 is non-circular, the electrode terminal 30 and the upper gasket 50a do not rotate relatively even when a force around the cylinder axis 100 is, at least, applied to the terminal portion 31,” paragraph 28; 36 in Figs. 3A and 3B).
Regarding Claim 14, Urushihara further teaches the secondary battery as claimed in claim 13, wherein the rivet terminal comprises a head on an outside of the circular upper surface portion and a main body in the terminal hole and inside the can (“electrode terminal 30 has a disc-shaped terminal portion 31 and a column-shaped inserting portion 32 provided to protrude on a lower surface,” paragraph 26; 31 and 32 in Fig. 2).
Regarding Claim 15, Urushihara further teaches the secondary battery as claimed in claim 14, wherein the rotation preventing portion is a first rotation preventing portion on the circular upper surface portion (36 in Fig. 2).
Regarding Claim 16, Urushihara does not specifically teach the secondary battery as claimed in claim 15, wherein the first rotation preventing portion is a laser engraving. However, Urushihara does disclose a first rotation preventing portion. Even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. The process is only considered to the extent that it provides a structural difference. See MPEP 2113 (I). In this case, the applicant’s specification notes that resulting structure formed by laser engraving “may be in the form of a protrusion” (paragraph 88). Thus, the structure taught by Urushihara, protrusion 36, meets the claim and is like that described in applicant’s specification to be formed by laser engraving.
Regarding Claim 17, Urushihara further teaches the secondary battery as claimed in claim 16, wherein the first rotation preventing portion is a pattern selected from the group consisting of a dotted line, a straight line, a curve, and a figure (“the protrusion 36 that circles around the inserting portion 32 has a planar shape that is non-circular, and in this example is formed into an annular shape having a regular-hexagonal contour that is coaxial with the inserting portion 32” paragraph 28).
Regarding Claim 18, Urushihara further teaches the secondary battery as claimed in claim 17, wherein the rotation preventing portion further comprises a second rotation preventing portion on a surface of the head of the rivet terminal facing the circular upper surface (“the protrusion 36 of the terminal portion 31 digs into an upper surface of the upper gasket 50a made of a resin, and the protrusion 36 is buried in the upper gasket 50a,” paragraph 28; 50a in Fig. 2 shows that the insulator forms another rotation preventing portion that engages with protrusion 36).
Regarding Claim 19, Urushihara further teaches the secondary battery as claimed in claim 18, wherein the second rotation preventing portion is selected from the group consisting of a plurality of grooves, a plurality of protrusions, and a plurality of ribs (“the protrusion 36 of the terminal portion 31 digs into an upper surface of the upper gasket 50a made of a resin, and the protrusion 36 is buried in the upper gasket 50a,” paragraph 28; Figs. 2, 3A, and 3B shows that protrusion 36 consists of a plurality of protrusions, which ultimately form hexagonal shapes that imbed into and engage with the formed protrusions in the upper gasket 50a, as seen in Fig. 2).
Regarding Claim 20, Urushihara further teaches the secondary battery claimed in claim 19, wherein the rotation preventing portion further comprises a third rotation preventing portion on an outer peripheral surface of the main body of the rivet terminal [“a recessed portion (hereinafter referred to as a sealing-plate recessed portion 25a) having a hexagonal planar shape that engages with the upper protruding portion 58a of the upper gasket 50a is provided,” paragraph 32; “A lower surface 24 of the sealing plate 20 is formed with a protruding portion (hereinafter referred to as a sealing-plate protruding portion 25b) having a hexagonal planar shape,” paragraph 32; “the upper protruding portion 58a engages with the sealing-plate recessed portion 25a, and the sealing-plate protruding portion 25b engages with the lower recessed portion 58b,” paragraph 34; 36, 58a, 58b, 25a, 25b in Figs. 4 and 5].
Regarding Claim 21, Urushihara further teaches the secondary battery claimed in claim 20, wherein the third rotation preventing portion is selected from the group consisting of a plurality of grooves, a plurality of protrusions, and a plurality of ribs [“a recessed portion (hereinafter referred to as a sealing-plate recessed portion 25a) having a hexagonal planar shape that engages with the upper protruding portion 58a of the upper gasket 50a is provided,” paragraph 32; “A lower surface 24 of the sealing plate 20 is formed with a protruding portion (hereinafter referred to as a sealing-plate protruding portion 25b) having a hexagonal planar shape,” paragraph 32; “the upper protruding portion 58a engages with the sealing-plate recessed portion 25a, and the sealing-plate protruding portion 25b engages with the lower recessed portion 58b,” paragraph 34; 36, 58a, 58b, 25a, 25b in Figs. 4 and 5].
Regarding Claim 22, Urushihara further teaches the secondary battery claimed in claim 21, wherein the rotation preventing portion comprises a combination of two or more rotation preventing portions [“the protrusion 36 of the terminal portion 31 digs into an upper surface of the upper gasket 50a made of a resin, and the protrusion 36 is buried in the upper gasket 50a,” paragraph 28; 50a in Fig. 2 shows that the insulator forms another rotation preventing portion that engages with protrusion 36; “a recessed portion (hereinafter referred to as a sealing-plate recessed portion 25a) having a hexagonal planar shape that engages with the upper protruding portion 58a of the upper gasket 50a is provided,” paragraph 32; “A lower surface 24 of the sealing plate 20 is formed with a protruding portion (hereinafter referred to as a sealing-plate protruding portion 25b) having a hexagonal planar shape,” paragraph 32; “the upper protruding portion 58a engages with the sealing-plate recessed portion 25a, and the sealing-plate protruding portion 25b engages with the lower recessed portion 58b,” paragraph 34; 36, 58a, 58b, 25a, 25b in Figs. 4 and 5].
Regarding Claim 23, Urushihara further teaches the secondary battery as claimed in claim 21, further comprising at least one protrusion protruding on one of the insulator and the rivet terminal (“the protrusion 36 of the terminal portion 31 digs into an upper surface of the upper gasket 50a made of a resin, and the protrusion 36 is buried in the upper gasket 50a,” paragraph 28), and an accommodation groove for accommodating the protrusion on the other one of the insulator and the rivet terminal (Fig. 2 shows that 50a includes an accommodation groove for accommodating protrusion 36).
Regarding Claim 24, Urushihara further teaches the secondary battery as claimed in claim 13, further comprising at least one protrusion protruding on one of the insulator and the rivet terminal (“the protrusion 36 of the terminal portion 31 digs into an upper surface of the upper gasket 50a made of a resin, and the protrusion 36 is buried in the upper gasket 50a,” paragraph 28), and an accommodation groove for accommodating the protrusion on the other one of the insulator and the rivet terminal (Fig. 2 shows that 50a includes an accommodation groove for accommodating protrusion 36).
Regarding Claim 25, Urushihara further teaches the secondary battery as claimed in claim 22, further comprising: a first electrode current collector plate between the rivet terminal and the electrode assembly and electrically connected to the first electrode plate (8 in Fig. 1, which is shown to connect the rivet terminal and electrode plate 4); and a second electrode current collector plate adjacent to an end of the side portion and electrically connected to the second electrode plate and the side portion (7 in Fig. 1, which is shown to connect the side portion and electrode plate 3).
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.
Claims 26-29 are rejected under 35 U.S.C. 103 as being unpatentable over Urushihara, in view of Hyun, et al. (KR-20220105118-A, see machine translation), hereafter referred to as Hyun.
Regarding Claim 26, Urushihara does not teach the secondary battery as claimed in claim 25, further comprising a cap assembly insulated from the can and coupled to the side portion. However, Hyun teaches a cylindrical battery where cap assembly is insulated from the can and coupled to the side portion [“the cap plate (30) does not need to be electrically connected to the electrode assembly (10) and the battery can (20), and its material does not necessarily have to be a conductive metal,” paragraph 171; 30 in Figs. 6 and 14]. Hyun explains that the benefit of the cap assembly is “that the cap plate seals the opening,” paragraph 33.
It would have been obvious to a person having ordinary skill in the art before the effective filing date to modify the secondary cylindrical battery taught by Urushihara and modify it with a cap assembly to better seal the can, as taught by Hyun.
Regarding Claim 27, Hyun further teaches the secondary battery as claimed in claim 26, wherein the side portion includes a beading part that is concavely in an upper side of the cap assembly, and a crimping part that is formed by inwardly bending a lower end of the side portion, and the cap assembly between the beading part and the crimping part [“the battery can (20) may have a beading portion (21) and a crimping portion (22) formed at its bottom,” paragraph 164; 21, 22, and 30 in Fig. 13, where cap plate 30 is between beading portion 21 and crimping portion 22], where Hyun notes the purpose of a beading portion is “to prevent vertical movement,” paragraph 15.
It would have been obvious to a person having ordinary skill in the art before the effective filing date to modify the secondary cylindrical battery taught by Urushihara and further modify it such that the cap assembly is between a beading portion and crimping portion to prevent vertical movement of the cap assembly, as taught by Hyun.
Regarding Claim 28, Hyun further teaches the secondary battery as claimed in claim 27, wherein the cap assembly includes a cap plate that seals the side portion, and a gasket between the cap plate and the side portion [“The above clamping part (22) can fix a sealing gasket (90) in addition to the cap plate (30),” paragraph 166; 90 in Fig. 13 is shown be between the side portion and the cap plate 30]. Hyun teaches the benefit of coupling the gasket with the cap plate: “a sealing gasket interposed between the battery can and the cap plate may be provided on the opening side of the battery can so that the cap plate seals the opening,” paragraph 33.
It would have been obvious to a person having ordinary skill in the art before the effective filing date to modify the secondary cylindrical battery taught by Urushihara and further modify it such that the cap assembly includes a cap plate and gasket so that the cap plate better seals the opening, as taught by Hyun.
Regarding Claim 29, Hyun further teaches the secondary battery as claimed in claim 28, wherein an edge of the second electrode current collector plate is between the beading part and the gasket and is in contact with the beading part [“The lower beading portion (21b) described above can function as a support for fixing the contact portion (83a) of the second current collector plate (80), the sealing gasket (90),” paragraph 165; 80 in Fig. 13, which shown to be between the beading portion 21b and the gasket 90]. Hyun explains the purpose is to fix the second electrode current collector plate [“The second current collector plate (80) can be fixed by being interposed between the inner surface of the battery can (20) and the sealing gasket (90),” paragraph 245].
It would have been obvious to a person having ordinary skill in the art before the effective filing date to modify the secondary cylindrical battery taught by Urushihara and further modify it such that the cap assembly includes a cap plate and gasket so that the cap plate better seals the opening, as taught by Hyun.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORDAN P WILKERSON whose telephone number is (571)270-1891. The examiner can normally be reached Monday-Friday 8:00am-4:30pm.
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, Veronica Ewald can be reached at (571) 272-8519. 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.
/JORDAN P WILKERSON/Examiner, Art Unit 1783
/MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783
Prosecution Insights