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 .
Claim Rejections - 35 USC § 103
2. 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.
3. Claims 1-7, 12-19 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshino (US-20160093840-A1, provided in IDS received on 13 February 2026).
As to claim 1, Yoshino discloses a battery shell (figure 1, tube packing member 15A), comprising:
a first housing, wherein the first housing is formed by winding a sheet around a first axis (figure 1, tube packing member 15A), the sheet comprises a first end portion (figure 1, second end portion 3) and a second end portion (figure 1, first end portion 2), the first end portion and the second end portion are provided along a circumferential direction around the first axis (figure 1, first end portion 2 and second end portion 3), the first end portion and the second end portion are stacked along a first direction, and the first direction is perpendicular to the first axis (figure 1, first end portion 2 and second end portion 3);
wherein the first housing comprises a first sidewall (figure 1, packing film 1, [0132]), and, along a first circumferential direction around the first axis, the first sidewall comprises a first flat portion (figure 1, second end portion 3), a first bent portion (figure 1, second end portion 3), and the first end portion connected in sequence (figure 1, second end portion 3); along a second circumferential direction around the first axis, the first sidewall further comprises a second flat portion (figure 1, first end portion 2) and the second end portion connected in sequence (figure 1, first end portion 2); and the first circumferential direction is opposite to the second circumferential direction (figure 1, first end portion 2 and second end portion 3); and
wherein a wall face of the first flat portion facing away from the first axis is a first wall face (figure 1, second end portion 3), a wall face of the second flat portion facing away from the first axis is a second wall face (figure 1, first end portion 2); and, as viewed along a thickness direction perpendicular to the second flat portion, a distance between the first wall face and the second wall face along the thickness direction of the second flat portion is less than a thickness of the second flat portion (figure 1, first end portion 2 and second end portion 3).
It is appreciated that while Yoshino discloses a circular tube-shape for the battery shell, it is appreciated that the tube in Yoshino may also be rectangular [0132]. Additionally, 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, Yoshino discloses the battery shell as disclosed within claim 1, and Yoshino further discloses wherein the first wall face is parallel to the second wall face (figure 1, first end portion 2 and second end portion 3).
As to claim 3, Yoshino discloses the battery shell as disclosed within claim 1, and Yoshino further discloses wherein, along the thickness direction of the second flat portion, a vertical distance between the first wall face and an end face of the first end portion facing away from the first axis is greater than or equal to the thickness of the second flat portion (figure 1, first end portion 2, second end portion 3).
As to claim 4, Yoshino discloses the battery shell as disclosed within claim 1, and Yoshino further discloses wherein: an angle between an end face of the first end portion facing away from the first axis and an end face of the first bent portion facing away from the first axis is greater than 90° and less than 180° ; and/or, an angle between the first wall face and the end face of the first bent portion facing away from the first axis is greater than 90° and less than 180° figure 1, first end portion 2, second end portion 3). While Yoshino does not explicitly disclose the angle between the first wall face and the end face of the first bent portion, it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In re Rose , 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). Also see MPEP 2144.
As to claim 5, Yoshino discloses the battery shell as disclosed within claim 1, and Yoshino further discloses wherein a thickness of the sheet is between 0.035 mm and 3 mm [0076].
As to claim 6, Yoshino discloses the battery shell as disclosed within claim 1, but does not disclose wherein, along the circumferential direction around the first axis, a dimension of the first sidewall is less than or equal to a dimension of any other sidewall of the first housing.
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 battery shell as disclosed within Yoshino to include that, along the circumferential direction around the first axis, a dimension of the first sidewall is less than or equal to a dimension of any other sidewall of the first housing, because Yoshino discloses wherein the battery shell can be rectangular in shape [0132] which would include an additional sidewall wherein the dimension of the first sidewall is less than or equal to a dimension of that additional sidewall. Additionally, 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, Yoshino discloses the battery shell as disclosed within claim 1, and Yoshino further discloses wherein: a wall face of the second end portion facing away from the first axis is parallel to the wall face of the second flat portion facing away from the first axis (figure 1, first end portion 2); and a wall face of the second end portion facing towards the first axis is parallel to a flat face of the second flat portion facing toward the first axis (figure 1, first end portion 2).
As to claim 12, Yoshino discloses the battery shell as disclosed within claim 1, and Yoshino further discloses wherein a wall face of the first end portion facing away from the first axis fits snugly with a wall face of the second end portion facing toward the first axis (figure 1, first end portion 2 and second end portion 3).
As to claim 13, Yoshino discloses a battery (figure 1, lithium-ion secondary battery 21) comprising:
a battery shell (figure 1, tube packing member 15A) and an electrode assembly disposed in the battery shell (figure 1, battery element 20);
wherein the battery shell comprises a first housing, wherein the first housing is formed by winding a sheet around a first axis (figure 1, tube packing member 15A), the sheet comprises a first end portion (figure 1, second end portion 3) and a second end portion (figure 1, first end portion 2), the first end portion and the second end portion are provided along a circumferential direction around the first axis (figure 1, first end portion 2 and second end portion 3), the first end portion and the second end portion are stacked along a first direction, and the first direction is perpendicular to the first axis (figure 1, first end portion 2 and second end portion 3);
wherein the first housing comprises a first sidewall (figure 1, packing film 1, [0132]), and, along a first circumferential direction around the first axis, the first sidewall comprises a first flat portion (figure 1, second end portion 3), a first bent portion (figure 1, second end portion 3), and the first end portion connected in sequence (figure 1, second end portion 3); along a second circumferential direction around the first axis, the first sidewall further comprises a second flat portion (figure 1, first end portion 2) and the second end portion connected in sequence (figure 1, first end portion 2); and the first circumferential direction is opposite to the second circumferential direction (figure 1, first end portion 2 and second end portion 3); and
wherein a wall face of the first flat portion facing away from the first axis is a first wall face (figure 1, second end portion 3), a wall face of the second flat portion facing away from the first axis is a second wall face (figure 1, first end portion 2); and, as viewed along a thickness direction perpendicular to the second flat portion, a distance between the first wall face and the second wall face along the thickness direction of the second flat portion is less than a thickness of the second flat portion (figure 1, first end portion 2 and second end portion 3).
It is appreciated that while Yoshino discloses a circular tube-shape for the battery shell, it is appreciated that the tube in Yoshino may also be rectangular [0132]. Additionally, 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 14, Yoshino discloses the battery shell as disclosed within claim 13, and Yoshino further discloses wherein the first wall face is parallel to the second wall face (figure 1, first end portion 2 and second end portion 3).
As to claim 15, Yoshino discloses the battery shell as disclosed within claim 14, and Yoshino further discloses wherein, along the thickness direction of the second flat portion, a vertical distance between the first wall face and an end face of the first end portion facing away from the first axis is greater than or equal to the thickness of the second flat portion (figure 1, first end portion 2, second end portion 3).
As to claim 16, Yoshino discloses the battery shell as disclosed within claim 13, and Yoshino further discloses wherein: an angle between an end face of the first end portion facing away from the first axis and an end face of the first bent portion facing away from the first axis is greater than 90° and less than 180° ; and/or, an angle between the first wall face and the end face of the first bent portion facing away from the first axis is greater than 90° and less than 180° figure 1, first end portion 2, second end portion 3). While Yoshino does not explicitly disclose the angle between the first wall face and the end face of the first bent portion, it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In re Rose , 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). Also see MPEP 2144.
As to claim 17, Yoshino discloses the battery shell as disclosed within claim 13, and Yoshino further discloses wherein a thickness of the sheet is between 0.035 mm and 3 mm [0076].
As to claim 18, Yoshino discloses the battery shell as disclosed within claim 13, but does not disclose wherein, along the circumferential direction around the first axis, a dimension of the first sidewall is less than or equal to a dimension of any other sidewall of the first housing.
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 battery shell as disclosed within Yoshino to include that, along the circumferential direction around the first axis, a dimension of the first sidewall is less than or equal to a dimension of any other sidewall of the first housing, because Yoshino discloses wherein the battery shell can be rectangular in shape [0132] which would include an additional sidewall wherein the dimension of the first sidewall is less than or equal to a dimension of that additional sidewall. Additionally, 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 19, Yoshino discloses the battery shell as disclosed within claim 13, and Yoshino further discloses wherein: a wall face of the second end portion facing away from the first axis is parallel to the wall face of the second flat portion facing away from the first axis (figure 1, first end portion 2); and a wall face of the second end portion facing towards the first axis is parallel to a flat face of the second flat portion facing toward the first axis (figure 1, first end portion 2).
As to claim 19, modified Wang discloses the battery shell as disclosed within claim 13, and further discloses wherein: a wall face of the second end portion facing away from the first axis is parallel to the wall face of the second flat portion facing away from the first axis (figure 7, first side wall 110); and a wall face of the second end portion facing towards the first axis is parallel to a flat face of the second flat portion facing toward the first axis (figure 7, first side wall 110).
4. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshino (US-20160093840-A1, provided in IDS received on 13 February 2026) as applied to claim 7, and further in view of Wang et al. (WO-2019148644-A1).
As to claim 8, Yoshino discloses the battery shell as disclosed within claim 7, and further discloses wherein the second direction is perpendicular to the first direction and perpendicular to the first axis (figure 1). However, Yoshino does not disclose wherein, along a second direction, a dimension of the first flat portion is greater than a dimension of the second flat portion.
Wang discloses a battery shell for housing a battery module, wherein, along a second direction, a dimension of the first flat portion is greater than a dimension of the second flat portion (figure 2, body 1). 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 battery shell as disclosed within Yoshino to include wherein, along a second direction, a dimension of the first flat portion is greater than a dimension of the second flat portion as disclosed within Wang 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).
5. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshino (US-20160093840-A1, provided in IDS received on 13 February 2026) as applied to claim 7, and further in view of Wang et al. (CN-214477666-U, provided in IDS received on 29 March 2024, machine translation us for rejection below, hereinafter Wang’).
As to claim 9, Yoshino discloses the battery shell as disclosed within claim 1, and further discloses wherein the first housing comprises the first sidewall (figure 1, packing film 1). However, while Yoshino does disclose that the battery shell can be rectangular in shape [0132], Yoshino does not explicitly disclose wherein the first housing comprises a second sidewall, a third sidewall, and a fourth sidewall sequentially disposed around the first axis; the first sidewall is opposite to the third sidewall, the second sidewall is opposite to the fourth sidewall, a first chamfer is formed between the first sidewall and the second sidewall, a second chamfer is formed between the first sidewall and the fourth sidewall, a third chamfer is formed between the third sidewall and the second sidewall, and a fourth chamfer is formed between the third sidewall and the fourth sidewall, wherein chamfer radii of the first chamfer, the second chamfer, the third chamfer, and the fourth chamfer are all greater than or equal to 0.1 mm.
Wang’ discloses a battery shell, wherein the battery shell has a first side wall (figure 1, page 3 lines 26-38), a second sidewall (figure 1, page 3 lines 26-38), a third sidewall (figure 1, page 3 lines 26-38), and a fourth sidewall sequentially disposed around the first axis (figure 1, page 3 lines 26-38); the first sidewall is opposite to the third sidewall (figure 1, page 3 lines 26-38), the second sidewall is opposite to the fourth sidewall (figure 1, page 3 lines 26-38), a first chamfer is formed between the first sidewall and the second sidewall (figure 1), a second chamfer is formed between the first sidewall and the fourth sidewall (figure 1), a third chamfer is formed between the third sidewall and the second sidewall (figure 1), and a fourth chamfer is formed between the third sidewall and the fourth sidewall (figure 1) to form a cavity for receiving an electrode assembly. However, Wang’ does not disclose wherein chamfer radii of the first chamfer, the second chamfer, the third chamfer, and the fourth chamfer are all greater than or equal to 0.1 mm.
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 battery shell as disclosed within Yoshino to include a battery shell with multiple sidewalls with chamfers to form a cavity as disclosed within Wang’ and to further include that the chamfer radii of the first chamfer, the second chamfer, the third chamfer, and the fourth chamfer are all greater than or equal to 0.1 mm, because it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In re Rose , 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). Also see MPEP 2144.
6. Claims 10 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshino (US-20160093840-A1, provided in IDS received on 13 February 2026) as applied to claim 1, and further in view of Wang et al. (CN-214477666-U, provided in IDS received on 29 March 2024, machine translation us for rejection below, hereinafter Wang’) and Watanabe (JP-H10269999-A, provided in IDS received on 29 March 2024, machine translation us for rejection below).
As to claim 10, Yoshino discloses the battery shell as disclosed within claim 1, but Yoshino does not disclose wherein the first housing comprises a first port and a second port disposed opposite to each other along the first axis, the battery shell further comprises a second housing, and the second housing is connected to the first housing and covers the first port; a protruding portion is disposed on a wall face connecting the second housing and the first housing, the protruding portion extends into the first housing, the protruding portion comprises an annular peripheral wall arranged around the first axis, the annular peripheral wall comprises a first flat wall, and the first housing comprises a second flat wall opposite to the first flat wall, wherein a distance between the first flat wall and the second flat wall gradually increases along a third direction, the third direction is parallel to the first axis and directed from a side of the second housing facing away from the first housing towards a side of the second housing facing towards the first housing; and an angle α between the first flat wall and the second flat wall satisfies: 0.5° ≤ α ≤ 15°.
Wang’ discloses a battery shell, wherein the first housing comprises a first port (figure 1, opening 130, page 3 lines 26-38) and a second port disposed opposite to each other along the first axis (figure 1, opening 130, page 3 lines 26-38) to provide access to a cavity in the shell, the battery shell further comprises a second housing (figure 2, second cover 220), and the second housing is connected to the first housing and covers the first port (figure 2, second cover 220) to enclose the cavity; a protruding portion is disposed on a wall face connecting the second housing and the first housing (figure 10, protrusion 222, page 5 lines 20-26), the protruding portion extends into the first housing (figure 10, protrusion 222, page 5 lines 20-26), the protruding portion comprises an annular peripheral wall arranged around the first axis (figure 10, protrusion 222, page 5 lines 20-26), the annular peripheral wall comprises a first flat wall (figure 10, protrusion 222, page 5 lines 20-26), and the first housing comprises a second flat wall opposite to the first flat wall (figure 1, casing 100) to accurately locate the connection between the cover body and the housing. However, Wang’ does not disclose wherein a distance between the first flat wall and the second flat wall gradually increases along a third direction, the third direction is parallel to the first axis and directed from a side of the second housing facing away from the first housing towards a side of the second housing facing towards the first housing; and an angle α between the first flat wall and the second flat wall satisfies: 0.5° ≤ α ≤ 15°.
Watanabe discloses a shell for a secondary battery, wherein a distance between the first flat wall (figure 1, tapered portion 8c) and the second flat wall of a lid (figure 1, lid 4) gradually increases along a third direction, the third direction is parallel to the first axis and directed from a side of the second housing facing away from the first housing towards a side of the second housing facing towards the first housing to assist in guiding the second housing into the first housing [0011]. Watanabe does not explicitly disclose an angle α between the first flat wall and the second flat wall satisfies: 0.5° ≤ α ≤ 15°, however, it has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In re Rose , 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). Also see MPEP 2144.
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 battery shell as disclosed within Yoshino to include wherein the first housing comprises a first port and a second port disposed opposite to each other along the first axis, the battery shell further comprises a second housing, and the second housing is connected to the first housing and covers the first port; a protruding portion is disposed on a wall face connecting the second housing and the first housing, the protruding portion extends into the first housing, the protruding portion comprises an annular peripheral wall arranged around the first axis, the annular peripheral wall comprises a first flat wall, and the first housing comprises a second flat wall opposite to the first flat wall as disclosed within Wang’ to further define the structure of the shell, and to additionally include wherein a distance between the first flat wall and the second flat wall gradually increases along a third direction, the third direction is parallel to the first axis and directed from a side of the second housing facing away from the first housing towards a side of the second housing facing towards the first housing; and an angle α between the first flat wall and the second flat wall satisfies: 0.5° ≤ α ≤ 15° to better secure the cover within the housing as disclosed within Watanabe.
As to claim 11, modified Yoshino discloses the battery shell as disclosed within claim 10, but Yoshino does not disclose wherein, along a direction parallel to the first axis, a dimension of the protruding portion is greater than or equal to 0.3 mm.
Wang’ discloses a battery shell, wherein, along a direction parallel to the first axis, a dimension of the protruding portion is greater than or equal to 0.3 mm (page 5 lines 33-36, range of 100 to 300 micro meters). In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
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 battery shell as disclosed within Yoshino to include wherein, along a direction parallel to the first axis, a dimension of the protruding portion is greater than or equal to 0.3 mm as disclosed within Wang’.
7. Claim 20 is rejected under 35 U.S.C. 103 as being unpatentable over Yoshino (US-20160093840-A1, provided in IDS received on 13 February 2026) in view of Wang et al. (CN-214477666-U, provided in IDS received on 29 March 2024, machine translation us for rejection below, hereinafter Wang’).
As to claim 20, Yoshino discloses a battery (figure 1, lithium-ion secondary battery 21) comprising:
a battery shell (figure 1, tube packing member 15A) and an electrode assembly disposed in the battery shell (figure 1, battery element 20);
wherein the battery shell comprises a first housing, wherein the first housing is formed by winding a sheet around a first axis (figure 1, tube packing member 15A), the sheet comprises a first end portion (figure 1, second end portion 3) and a second end portion (figure 1, first end portion 2), the first end portion and the second end portion are provided along a circumferential direction around the first axis (figure 1, first end portion 2 and second end portion 3), the first end portion and the second end portion are stacked along a first direction, and the first direction is perpendicular to the first axis (figure 1, first end portion 2 and second end portion 3);
wherein the first housing comprises a first sidewall (figure 1, packing film 1, [0132]), and, along a first circumferential direction around the first axis, the first sidewall comprises a first flat portion (figure 1, second end portion 3), a first bent portion (figure 1, second end portion 3), and the first end portion connected in sequence (figure 1, second end portion 3); along a second circumferential direction around the first axis, the first sidewall further comprises a second flat portion (figure 1, first end portion 2) and the second end portion connected in sequence (figure 1, first end portion 2); and the first circumferential direction is opposite to the second circumferential direction (figure 1, first end portion 2 and second end portion 3); and
wherein a wall face of the first flat portion facing away from the first axis is a first wall face (figure 1, second end portion 3), a wall face of the second flat portion facing away from the first axis is a second wall face (figure 1, first end portion 2); and, as viewed along a thickness direction perpendicular to the second flat portion, a distance between the first wall face and the second wall face along the thickness direction of the second flat portion is less than a thickness of the second flat portion (figure 1, first end portion 2 and second end portion 3).
It is appreciated that while Yoshino discloses a circular tube-shape for the battery shell, it is appreciated that the tube in Yoshino may also be rectangular [0132]. Additionally, 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). However, Yang does not disclose wherein the battery is used within an electronic device.
Wang’ discloses a battery shell, wherein the battery shell is used within a battery that is used with an electronic device (page 6 lines 15-18). 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 battery shell as disclosed within Yoshino to include that the battery is used within an electronic device as disclosed within Wang’, because, the combination of familiar elements is likely to be obvious when it does no more than yield predictable results. (see MPEP § 2143, A.).
Conclusion
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/J.J.S./Examiner, Art Unit 1727
/Maria Laios/Primary Examiner, Art Unit 1727
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