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 § 102
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.
Claim(s) 1, 3-7, 9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SAITO et al. (JP 2004-199991; citations to machine translation).
Regarding claims 1, 4-7, and 9
SAITO teaches a “prismatic” (square) battery with a housing 12 and 13 that accommodates an electrode plate group (electrode assembly) 14 as shown in Fig. 3. The electrode plate group 14 is in a first cavity while the protruding part for leads (first and second tabs) 22 and 23 occupy a thinner second cavity as shown in figs. 3 and 6. The housing has a circuit 150 accommodated in a recess between a first and second protrusion and a first and second top wall as shown in fig. 9. One end of the circuit is connected to the housing using lead plate 146, see fig. 11 and [0045]. The other end of the circuit connects via the rivet (pole assembly) 19 and 119 which extends into the second cavity and electrically connects to a lead, see fig. 6 and 10. The rivet is insulated from the housing with upper and lower gasket (first and second gasket) 18 and 35, [0030]-[0031].
Regarding claim 3,
The housing in SAITO includes a bottom wall 12 which is opposing both the first and second top walls in fig. 3.
Regarding claim 9,
SAITO teaches connecting the rivet (pole) through a gasket as described above. According to the specification gasket 32’ is an embodiment of the connecting member 32.
Regarding claim 10,
SAITO teaches a washer 137 positioned between the rivet (pole) 119 and the upper gasket 135, see Fig. 10 and 11.
Regarding claims 12 and 14-18
SAITO further teaches an electrolyte injection port 28 and plug 29 [0036]. As shown in Figs. 3, 9, and 10 the port is part of the protruding portion.
Regarding claim 20,
SAITO teaches the battery structures can be used in portable electronic devices such as cars [0003].
Claim(s) 1-3 and 13 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by SHIU et al. (US 2020/0176728).
Regarding claim 1,
SHIU teaches a battery cell (electrochemical apparatus) with a terraced housing structure abstract. As shown in fig. 1 the enclosure (housing) 110 contains a set of layers (electrode assembly) 150 with a tab (first tab) 160 [0033]-[0035]. A tab (first tab) has a first end extending into a first cavity with the electrode assembly and a second end that extends into a thinner area (second cavity) and connects to pin (pole) 122. The pin (pole) is insulated from the housing 110 with insulator 126. The terraced housing structure contains a first cavity with an electrode assembly and a thinner protruding (terraced) portion with second cavity where the pin (pole) 122 is located. The second cavity in the thinner protruding portion is shown in figs. 3A-C. The terraced structure has creates a first and second topwall with the thinner topwall accommodating a through hole for pin (pole) 122.
Regarding claim 2,
SHIU teaches the terraced portion (first protruding portion) can have a thickness of 1.5mm [0030] which falls within the claimed range of 1-3mm.
Regarding claim 3,
SHIU teaches the terraced portion has different first and second top walls but a flush bottom wall between the sections, see fig. 3A-C.
Regarding claim 13,
SHIU teaches an electrolyte filling port 140 formed on the side of the casing in Fig. 1. The filling port is in communication with the second cavity (thinner section) via the first cavity.
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.
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(s) 8, 11 and 19 is/are rejected under 35 U.S.C. 103 as being unpatentable over SAITO et al. (JP 2004-199991; citations to machine translation) in view of SHIU et al. (US 2020/0176728).
Regarding claim 8,
SAITO teaches a rivet (pole) for electrically connecting a battery that uses gaskets to insulate as described above. According to the specification gasket 32’ is an embodiment of a connecting member 32. Accordingly, the pole assembly includes both the bole and connecting member but does not expressly teach an adhesive layer between them. However, SHIU teaches that when making a feedthrough (pole), the feedthrough can be disposed by bonding or gluing [0033]. At the time of filing the invention it would have been prima facie obvious to one of ordinary skill in the art to form the pole connection of SAITO using adhesive layers to secure the connection of parts.
Regarding claim 11,
SIATO teaches a lower gasket 18 and 118 which is considered to be a first insulation member. The reference does not teach a second insulation member. However, SHIU teaches an insulating tape 128 can be formed on an opposing surface from the rivet to ensure no electrical contact is made [0050]. At the time of filing the invention it would have been prima facie obvious to add the insulating layer of SHIU to the inner surface of SIATO to ensure no electrical shorts occur.
Regarding claim 19,
SAITO further teaches an electrolyte injection port 28 and plug 29 [0036]. As shown in Figs. 3, 9, and 10 the port is part of the protruding portion.
Conclusion
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/AUSTIN MURATA/ Primary Examiner, Art Unit 1712