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 .
Priority
Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d), which papers have been placed of record in the file.
Information Disclosure Statement
3. The information disclosure statements (IDS) submitted on 4/5/2024 and 12/19/2024 has/have been received and complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Accordingly, the information disclosure statement(s) is/are being considered by the examiner, and a copy with initials is attached herewith.
Drawings
4. The drawings were received on 4/5/2024. These drawings are acceptable.
Claim Rejections - 35 USC § 102
5. 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.
6. 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.
(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.
7. Claim(s) 1 and 5-9 is/are rejected under 35 U.S.C. 102 (a)(1)/(a)(2) as being anticipated by Kim et al (KR 2015 0051467 A).
Regarding claim 1, Kim discloses a battery cap assembly comprising a cap plate (200) having an electrolyte inlet (220); and a sealing member (202) configured to be inserted into the electrolyte inlet, wherein the sealing member has an electrolyte inflow passage (250) penetrating an elastic material in a longitudinal direction of the sealing member [Fig. 3-5; paragraph 0045-0055].
Regarding claim 5, Kim teaches that the sealing member (202) comprises a body portion configured to be inserted into an inner diameter of the electrolyte inlet to be in contact with the inner diameter; and an upper fixing portion comprising a lower surface facing an upper surface of the cap plate in a state in which the body portion is inserted into the electrolyte inlet to be in contact with the electrolyte inlet [Fig. annotate 4, Fig. 5].
Regarding claim 6, Kim teaches that the sealing member further comprises a lower fixing portion configured to be compressed and passed through the inner diameter of the electrolyte inlet to fix the sealing member to the cap plate [Fig. annotate 4, Fig. 5].
Regarding claim 7, Kim teaches that the lower fixing portion comprises an upper surface facing a lower surface of the cap plate in a state in which the body portion is inserted into the electrolyte inlet to be in contact with the electrolyte inlet [Fig. 5].
Regarding claim 8, Kim teaches that the body portion has a fourth diameter greater than the inner diameter of the electrolyte inlet, and is configured to be
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compressed and inserted into the inner diameter of the electrolyte inlet; and the upper fixing portion has a fifth diameter greater than the fourth diameter [Fig. 4-5].
Regarding claim 9, Kim teaches that a maximum diameter of the lower fixing portion has a sixth diameter greater than a fourth diameter of the body portion [Fig. annotate 4, Fig. 5].
8. Claim(s) 1-4 and 20 is/are rejected under 35 U.S.C. 102 (a)(1)/(a)(2) as being anticipated by Zhuo et al (CN 116937036 A)
Regarding claim 1, Zhuo discloses a battery cap assembly comprising a cap plate (200) having an electrolyte inlet (210); and a sealing member (100) configured to be inserted into the electrolyte inlet, wherein the sealing member has an electrolyte inflow passage (130, 131) penetrating an elastic material in a longitudinal direction of the sealing member [Fig. 1-4; paragraph 0038-0058].
Regarding claim 2, Zhuo teaches that the sealing member (100) comprises a head portion (110) at one end of the sealing member, and configured to be inserted into an inner diameter of the electrolyte inlet to be in contact with the inner diameter;
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a fixing portion at a lower end of the head portion and having a protrusion configured to fix the sealing member; and a tail portion at a lower end of the fixing portion and extending in the longitudinal direction [Fig. 3-12].
Regarding claim 3, Zhuo teaches that the head portion has a first diameter greater than the inner diameter of the electrolyte inlet, and is configured to be compressed and inserted into the inner diameter of the electrolyte inlet;
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the fixing portion has a second diameter greater than the first diameter; and the tail portion has a third diameter less than the second diameter [Fig. 3-12].
Regarding claim 4, Zhuo teaches that the battery cap assembly further comprises a fixing member below the cap plate, and having a recess portion to
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accommodate the protrusion of the fixing portion [Fig. 3-4].
Regarding claim 20, Zhuo discloses a battery cell (10) comprising an electrode assembly; a case (11) configured to accommodate the electrode assembly, and having an open upper portion; and a battery cap assembly coupled to the upper portion of the case (11), wherein the battery cap assembly comprises a cap plate (200) having an electrolyte inlet (210); and a sealing member (100) configured to be inserted into the electrolyte inlet, wherein the sealing member has an electrolyte inflow passage (130, 131) penetrating an elastic material in a longitudinal direction of the sealing member [Fig. 1-4; paragraph 0004, 0017-0018, 0038-0058].
Claim Rejections - 35 USC § 103
9. 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.
10. 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.
11. 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.
12. Claim(s) 10 and 13-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (KR 2015 0051467 A) as applied in claim 1.
Regarding claim 10, it is a design choice and is within the grasp of a skilled artisan to configure the electrolyte inlet to corresponds to a vent hole, wherein the sealing member is configured to be moved in an outward direction in a state in which pressure in a critical pressure range is applied from a lower direction of the cap plate; or the sealing member is configured to be deformed in shape to open the electrolyte inlet in a state in which a temperature is in a critical temperature range would have been obvious.
Regarding claims 13-16, it is a design choice and is within the grasp of a skilled artisan to prevent an electrolyte from leaking out, configure to allow an electrolyte injector to be injected into the electrolyte inflow passage and to prevent a backflow of the electrolyte. Therefore, it would have been obvious.
13. Claim(s) 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (KR 2015 0051467 A) as applied in claim 10 and further in view of Huang et al (US 20210036285 A1).
Regarding claims 11-12, Kim remains silent about the critical pressure and temperature range of the battery; however, it is known in the art that gas pressure critical value may be 0.5 MPa-10 MPa and the critical temperature range may be 200°C to 250°C as taught by Huang [paragraph 0092, 0094, 0104]. Therefore, the claim would have been obvious because a particular known technique was recognized as part of the ordinary capabilities of one skilled in the art (KSR v. Teleflex, 82 USPQ2d 1385, 127 S. Ct. 1727 (2007)) and an ordinarily skilled artisan would have recognized such a substitution without undue experimentation and with a reasonable expectation of success.
14. Claim(s) 17-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Shen et al (US 20140087247 A1)
Regarding claim 17, Shen discloses a sealing member for an electrolyte inlet, the sealing member comprising: an elastic material having an electrolyte inflow passage penetrating therethrough in a longitudinal direction of the sealing member [Fig. 1-6; paragraph 0005, 0019, 0023, 0049].
Regarding claims 18-19, Shen teaches that inner surfaces of at least one section of the electrolyte inflow passage of the sealing member inserted into the electrolyte inlet are in contact with each other to prevent an electrolyte from leaking out [Fig. 3-4]. Shen further teaches that the sealing part (5) is configured to have a hollow structure (cavity) [Fig. 3; paragraph 0067and is located in a section of the electrolyte inflow passage and therefore, capable of preventing a backflow of the electrolyte.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MUHAMMAD S SIDDIQUEE whose telephone number is (571)270-3719. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tong Guo can be reached at (571) 272-3066. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MUHAMMAD S SIDDIQUEE/Primary Examiner, Art Unit 1723
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