DETAILED CORRESPONDENCE
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 .
Continued Examination
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 10/1/2025 has been entered.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Response to Amendments
Applicant’s amendment, filed 08/26/2025, has been entered. Claim 1 has been amended. Claims 1-14 are now pending in this application.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 3-6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 3 recites “an insulating member” but it is unclear if claim 3 is introducing a new insulating member or referring to the insulating member introduced in claim 1. Claim 3 is interpreted as “further comprising the first insulating member between the cap plate and the terminal plate to electrically insulate the cap plate and the terminal plate from each other.”
Claims 4-6 are rejected due to their dependence on claim 6. Claim 4 recites “the insulating member” which is interpreted in accordance with claim 3 above.
Claim Rejections - 35 USC § 102
13. 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.
14. Claims 1-3 and 7-10, and 13-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wakimoto (US-20180375070-A1).
15. Regarding claim 1,
Wakimoto teaches a rechargeable [0056] battery (Fig. 1, 20; [0056]) comprising:
an electrode assembly (Fig. 1, 3; [0056]) comprising a first electrode tab (Fig. 5, 50; [0057]) and a second electrode tab (Fig. 5, 40; [0057]);
a case (Fig. 2, 1; [0056]) comprising an opening and (Fig. 2, opening in 1; [0079]) receiving the electrode assembly 3 to be connected to the first electrode tab (50, wherein all elements of 1 are directly or indirectly connected);
a cap assembly (Fig. 2, 1; [0079]) comprising a cap plate (Fig. 2, 2; [0079]) coupled to the case [0079] and covering the opening (see Fig. 2, 2 covering 1; [0079]),
and a terminal plate (Fig. 9, 7, wherein at least a bottom portion of 7 is plate shaped; [0080]) coupled (wherein all elements of 1 are directly or indirectly coupled) to the cap plate 2 and connected to the second electrode tab (wherein all elements of 1 are directly or indirectly connected);
a first insulating member (Fig. 9, 12; [0087]) between the second electrode tab 40 and the cap plate 2 along a height direction (see Fig. 9, wherein 12 is between 40 and 2 along a vertical direction),
and a second insulating member (Fig. 9, 45; [0087]) attached to a surface of the second electrode tab (Fig. 9, wherein 45 is attached to a top surface of 40; see [0087]),
wherein the terminal plate 7 comprises: a flange part (Fig. 9, 7a; [0091]) between (see Fig. 9, 7a between 2 and 3) the cap plate 2 and the electrode assembly 3 and attached to an inner surface of the cap plate 2;
and a protruded terminal (Fig. 9, 7b; [0059]) protruded from a center of the flange part (Fig. 9, center of 7a) to an outside (Fig. 9, wherein 7b is exposed to the outside)
through a terminal hole (Fig. 2, 2a; [0059]) of the cap plate 2
and electrically connected to the second electrode tab [0075-0076] at an inner surface of the terminal plate (Fig. 9, wherein 40 and 7b are electrically connected, via 6, at an inner surface of 7),
and wherein, along the height direction (the vertical direction), the first insulating member 12 is adjacent the second electrode tab 40 such that the second electrode tab 40 is between the second insulating member 45 and the first insulating member 12.
15. Regarding claim 2,
Wakimoto teaches the rechargeable battery of claim 1 (see rejection of claim 1 above), wherein the electrode assembly 3 comprises a first electrode ([0084], “negative electrode”), a second electrode ([0084], “positive electrode”), and a separator therebetween ([0084], “separator”), the first electrode tab (Fig. 5, 50) is extended to the first electrode (Fig. 5, 3a/3b; [0084]), and the second electrode tab (Fig. 5, 40) is extended to the second electrode (Fig. 5, 3a/3b; [0084]).
Regarding claim 3,
Wakimoto teaches the rechargeable battery of claim 2 (see rejection of claim 2 above), comprising an insulating member (Fig. 9, 13; [0073]) between (Fig. 9, wherein 13 is between 2 and 7) the cap plate 2 and the terminal plate 7 to electrically insulate [0073] the cap plate 2 and the terminal plate 7 from each other [0073].
Regarding claim 7,
Wakimoto teaches the rechargeable battery of claim 2 (see rejection of claim 2 above), wherein the protruded terminal 7b is protruded more with a height difference (see Fig. 9, wherein 7b protrudes higher than 2) than an outer surface of the cap plate (Fig. 9, upper surface of 2).
Regarding claim 8,
Wakimoto teaches the rechargeable battery of claim 2 (see rejection of claim 2 above), wherein the first insulating member 12 comprises an insulating [0016] washer (see https://www.hlc-metalparts.com/news/types-of-washers-84844438.html#:~:text=Washers%20101:%20Types%2C%20Materials%20&,Here%20is%20a%20detailed%20classification; wherein washers may be rectangular, flat surfaces to distribute loads) attached to an inner surface of the cap plate (Fig. 9, inner surface of 2) and having a through hole (Fig. 9, hole in 12).
Regarding claim 9,
Wakimoto teaches the rechargeable battery of claim 8 (see rejection of claim 8 above), wherein the insulating washer 12 extends to an inner surface of the flange part (Fig. 9, wherein 12 extends along the upper surface of 7a).
Regarding claim 10,
Wakimoto teaches the rechargeable battery of claim 8 (see rejection of claim 8 above), wherein the second insulating member 45 comprises an insulating tape [0085] attached to the surface of the second electrode tab (Fig. 9, upper region of 40; see [0087]), a part of the terminal plate (wherein all elements of 1 are directly or indirectly attached), and a part of the first insulating member (wherein all elements of 1 are directly or indirectly attached).
Regarding claim 13,
Wakimoto teaches the rechargeable battery of claim 2 (see rejection of claim 2 above), wherein the flange part 7a is located at an inner side (Fig. 9, lower surface of 12) of a step of (Fig. 9, stepped portion of 12) the first insulating member 12 to be electrically insulated [0073] from the inner surface of the cap plate 2.
Regarding claim 14,
Wakimoto teaches the rechargeable battery of claim 13 (see rejection of claim 13 above), wherein the first insulating member 12 comprises the step (Fig. 9, stepped portion of 12), and the flange part 7a is arranged at the step (Fig. 9, wherein 7a is arranged at the stepped portion of 12).
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Wakimoto (US 20180375070 A1) in view of Hwangbo (US-20240204313-A1).
Regarding claim 4,
Wakimoto teaches the rechargeable battery of claim 3 (see rejection of claim 3 above), wherein the insulating member has a through hole (Fig. 9, hole in 12); but fails to teach wherein the insulating member comprises a thermal-fusion member. Hwangbo teaches wherein the insulating member (Fig. 4, 50; [0074]) comprises a thermal-fusion member [0075]. It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the first insulator of Wakimoto such that it is a thermal fusion member, such that the cap plate 2 and terminal plate 7 are thermally fused, as Hwangbo suggests that a thermally fused insulating member may increase the air tightness of the seal (Hwangbo, [0076]). Further, Wakimoto teaches modifications may be made to the device (Wakimoto, [0143]).
Regarding claim 5,
Wakimoto in view of Hwangbo teaches the rechargeable battery of claim 4 (see rejection of claim 4 above), wherein the cap plate 2 and the terminal plate 7 are thermally fused (wherein Wakimoto in view of Hwangbo teaches the cap plate 2 and terminal plate 7 are thermally fused) by the thermal-fusion member (Wakimoto, Fig. 9, 12 modified in view of Hwangbo) disposed therebetween (Fig. 9, wherein 12 is between 2 and 7).
Regarding claim 6,
Wakimoto in view of Hwangbo teaches the rechargeable battery of claim 4 (see rejection of claim 4 above), wherein the protruded terminal 7b is protruded through the through hole (Fig. 9, hole in 12) of the thermal-fusion member (Wakimoto, Fig. 9, 12 modified in view of Hwangbo)
Claims 11-12 are rejected under 35 U.S.C. 103 as being unpatentable over Wakimoto (US 20180375070 A1) in view of Hwangbo (US-20240204313-A1) and Li (WO2017211631A1).
Regarding claim 11,
Wakimoto in view of Hwangbo teaches the rechargeable battery of claim 8 (see rejection of claim 8 above), but fails to teach further comprising a third insulating member between the second electrode tab and the electrode assembly. Li teaches a third insulating member (Fig. 2, 10; [0033]) between the second electrode tab (Fig. 2, 11; [0021]) and the electrode assembly (Fig. 2, wound body 2, 3, and 4; [0021]). It would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to modify the rechargeable battery of Wakimoto by inserting the insulating member of Li between the second electrode tab 40 and electrode assembly 3 such that it fully covers electrode assembly 3, as Li teaches this is an acceptable embodiment of insulation in the art. Further, Wakimoto teaches modifications may be made to the device (Wakimoto, [0143]).
Regarding claim 12,
Wakimoto in view of Hwangbo and Li teaches the rechargeable battery of claim 11 (see rejection of claim 11 above), wherein the third insulating member comprises an insulating disk (Li, Fig. 2, disk 10; [0033]) attached to a center of an end of the electrode assembly (wherein all elements of Li are directly or indirectly attached) and being larger than an inner surface of the flange part (see rejection of claim 11 above, wherein the insulating member 10 of Wakimoto fully covers electrode assembly 3 such that it is larger than an inner surface of the flange part 7a in Fig. 9) to be overlapped around a step of the first insulating member (see rejection of claim 11 above, wherein the insulating member 10 of Li fully covers electrode assembly 3 such that it is overlapped around the stepped portion of 12).
Response to Arguments
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicant argues that the remaining claims should be allowable by virtue of dependence on an allowable claim 1. However, this is not persuasive, as the rejections on all claims have been sustained.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: Kim (US-20110091765-A1), relevant to teaching a different embodiment of a first and third insulating member (see Fig. 1).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL WYROUGH whose telephone number is (571)272-4806. The examiner can normally be reached on Monday-Friday 10am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TIFFANY LEGETTE can be reached on (571) 270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL CHRISTIAN ST WYROUGH/Examiner, Art Unit 1728 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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