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.
Claims 1-3 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2013/0273411) in view of Choi et al. (US 2022/0302533; hereinafter “Choi”) and Okamoto et al. (JP 2002008634; IDS 2/3/26; hereinafter “Okamoto”).
In regard to claim 1, Kim discloses a secondary battery (“rechargeable battery”) comprising an electrode assembly (10) including a positive electrode (second electrode 12) and a negative electrode (first electrode 11) disposed in a jelly roll state; a housing (combination of case 20 and cap plate 30) that houses the electrode assembly; and a positive electrode terminal (42) and a negative electrode terminal (41) provided to the housing, wherein the housing includes a main body (case 20) with a first opening (support recess 23) and a second opening (support recess 24) respectively provided on opposite sides in a long-side direction (i.e. the width) of the housing, the long-side direction being orthogonal to a first direction (i.e. the thickness), a first sealing body (penetrating gasket 43) that closes the first opening, and a second sealing body (penetrating gasket 44) that closes the second opening, the negative electrode terminal is provided to the first sealing body, the positive electrode terminal is provided to the second sealing body, the housing includes a pair of long-side surfaces (i.e. the main face of the case 20) facing each other in the first direction, and a pair of short-side surfaces (i.e. the top comprised of the cap plate 30 and bottom of the case 20) facing each other in a short-side direction (i.e. the height) of the housing, the short-side direction being orthogonal to the first direction and the long-side direction, the electrode assembly includes a negative electrode current collecting portion (lead tab 51) located on a first end side in the long-side direction and electrically connected to the negative electrode terminal, and a positive electrode current collecting portion (lead tab 52) located on a second end side in the long-side direction and electrically connected to the positive electrode terminal, and one short-side surface of the pair of short-side surfaces is provided with an injection port (electrolyte injection opening 34). See Figures 1-4 and paragraphs [0036]-[0057].
Kim is silent in regard to an electrode assembly including a positive electrode and a negative electrode disposed side by side in a first direction, wherein the main body includes a pair of short-side surfaces, and wherein one of the short-side surfaces of the main housing is provided with an injection port.
Choi discloses a secondary battery wherein the electrode assembly 10 includes a positive electrode (cathode plate 13a) and a negative electrode (anode plate 11a) disposed side by side (the assembly is formed by “stacking” the plates; [0041]) in a first direction (i.e. the thickness direction of the case 30). The orientation of the electrodes is best depicted in Figures 3 and 4a which shows that the plates are oriented relative to the housing in the same manner as recited in the instant claims. Choi also discloses wherein the main body (case 30) of the housing includes two openings which are closed by a pair of cap assemblies (50,60), a pair of long-side surfaces (i.e. the main faces of the case 30) facing each other in the first direction and a pair of short-side surfaces (i.e. the top and bottom of the case 30) facing each other in a short-side direction (i.e. the height) of the housing. See [0040] and Figures 1-2.
Okamoto discloses a battery housing (can 2) which includes two injection ports (solution intake ports 5) on one of the short-side surfaces (i.e. the top surface). See abstract and Figures 2, 4 and 5.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the electrode plate stacking design of Choi for the wound electrode of Kim without creating any new or unexpected results as a stacked electrode is functionally equivalent to a jelly roll orientation. Further, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have substituted the main housing having two openings as taught by Choi for the main housing of Kim having an open top and to have arranged the injection port in the top surface of the main housing as disclosed by Okamoto without creating any new or unexpected results as the mere rearrangement of parts is within the ambit of a person of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
In regard to claim 2, Kim is silent in regard to wherein the one short-side surface is provided with a plurality of the injection ports.
Choi discloses wherein each cap assembly (50,60) includes an injection opening (injection ports 512 and 612). See Figure 2, [0050] and [0063].
Okamoto discloses wherein the top surface of the battery can 2 includes two solution intake ports 5 in order to increase the electrolyte filling speed. See [0016].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the two top-surface injection ports of Okamoto with the above combined apparatus of claim 1 for the purpose of increasing the electrolyte filling speed of the battery.
In regard to claim 3, Kim and Okamoto are silent in regard to wherein the injection ports respectively overlap with the negative and positive electrode current collecting portion.
Choi discloses wherein a first injection port (512) and a second injection port (612) are disposed such that they overlap with the negative electrode current collecting portion and the positive electrode current collecting portion, respectively, as the ports are provided in respective end sides.
Therefore, it would have been obvious to one of ordinary skill in the art before the respective filing date of the claimed invention to have combined the teaching of Choi of having the injection ports adjacent to the electrode current collection portions with the above combined apparatus of claim 2 to result in injection ports in the one short-side surface and overlapping with respective electrode current collection portions absent of any new or unexpected results. The mere rearrangement of parts, without any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Choi and Okamoto as applied to claim 3 above and further in view of Kawate et al. (US 10,833,298; hereinafter “Kawate”).
In regard to claim 4, Kim, Choi and Okamoto are silent in regard to a spacer member as claimed.
Kawate discloses a battery (energy storage device 10) which includes an upper spacer 500 between the electrode assembly (electrode body 400) and the one short-side surface (top surface of the case 100). Kawate teaches that the upper spacer 500 necessarily includes structure equivalent to the recited storage portion which would be capable of storing electrolyte solution as the upper spacer 500 includes cut-out portions (inserting portions 520) which are notches in the space and would necessarily create hollow space within the case 100 which would be capable of storing additional electrolyte. See col. 4, line 20 through col. 5, line 12 and Figures 2 and 11.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the upper spacer of Kawate with the above combined apparatus of claim 3 for the purpose of preventing short circuit between the electrode and the battery case.
Claims 5-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Choi and Okamoto as applied to claim 1 above and further in view of Chen (CN 103474599 with reliance upon the English-language machine translation).
In regard to claims 5-7, Kim discloses a vent hole 35 having a vent plate 37 for serving as a discharge passage for expelling gas to the outside of the rechargeable battery due to decomposition or degradation of the electrolyte. Kim teaches that the vent hole is provided in the central portion of the one short-side surface (the top surface) in the long-side direction (i.e. width). See [0047] and Figure 2.
Kim is silent in regard to the vent hole including a pressure release valve.
Chen discloses wherein the top surface of a battery includes a pressure release valve. See abstract and Figures 1-2.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have combined the pressure release valve of Chen with the vent hole of Kim in the above combined apparatus of claim 1 for the purpose of preventing solid materials from escaping from the battery upon the valve being opened.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Choi and Okamoto as applied to claim 1 above and further in view of Zhou et al. (ES 2922198 with reliance upon the English-language machine translation; hereinafter “Zhou”).
In regard to claim 8, Kim, Choi and Okamoto are silent in regard to the injection port being provided with ventilation film.
Zhou discloses a ventilation film (first ventilation film 33) which covers the liquid injection hole 31. The first ventilation film 33 necessarily allows gas to pass therethrough without allow a liquid to pass therethrough. See Figure 1 and the last paragraph of page 7 of the machine translation.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY C CLEVELAND whose telephone number is (571)270-5041. The examiner can normally be reached M-F 9:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at (571) 270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/TIMOTHY C CLEVELAND/Primary Examiner, Art Unit 1774
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