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 1-18 are rejected under 35 U.S.C. 103 as being unpatentable over Moon US 2023/0017279), and further in view of Kwang (KR 2021/0114863, see attached translation).
As to claim 1, Moon discloses a cylindrical secondary battery (figure 1 #100, [0006], [0030] and discussed throughout) comprising:
an electrode assembly (figure 1 #110, [0026], discussed throughout) comprising:
a positive electrode plate ([0028]-[0029], discussed throughout),
a separator ([0028], discussed throughout), and
a negative electrode plate ([0028]-[0029], discussed throughout);
a cylindrical can (figure 1 #120, [0030], discussed throughout) configured to accommodate the electrode assembly (figure 1 #110, [0026], discussed throughout) and configured to be electrically connected to the negative electrode plate ([0030], [0028]-[0029], discussed throughout), wherein the cylindrical can comprises an open portion (figure 1, the location of the cap plate #150, [0027], discussed throughout);
a rivet terminal configured to be electrically connected to the positive electrode plate through an upper surface of the cylindrical can (figure 1 #130, [0031], [0028]-[0028] and discussed throughout);
an insulating member located between the cylindrical can and the rivet terminal (figure 1 #140, [0032], discussed throughout); and
a cap plate configured to seal the open portion of the cylindrical can (figure 1 #150, [0027], discussed throughout).
Moon is silent to wherein the insulating member comprises protrusions formed on at least one surface of the insulating member facing the cylindrical can or the rivet terminal.
Kwang discloses a secondary battery (page 1) wherein a terminal (figures 2, 3 and 6 #50) has a gasket (figures 2, 3 and 6 #40) between the terminal and a plate (figure 2, 3 and 6 #30) wherein the gasket has protrusion protruding into the plate and the terminal (figures 2, 3 and 6). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to incorporate the notches from the terminal and the plate with the gasket into the top, bottom or both within the terminal rivet from Moon as the notches and protrusion improve and increase adhesion between components (page 5, discussed throughout Kwang).
As to claim 2, modified Moon discloses wherein, the insulating member comprises a first terminal hole formed therein and configured to allow the rivet terminal to pass therethrough (figure 1 the rivet #130 has passed through the can #120, seen throughout).
As to claim 3, modified Moon discloses wherein, the protrusions are formed symmetrically with respect to the first terminal hole (figures 2, 3 and 6, Kwang).
As to claim 4, modified Moon discloses wherein, the protrusions are formed on a lower surface and an upper surface of the insulating member facing the cylindrical can and the rivet terminal (figure 1, Moon and figures 2, 3 and 6 of Kwang).
As to claim 5, modified Moon discloses wherein, the protrusions are formed on a lower surface and an upper surface of the insulating member facing the cylindrical can and the rivet terminal so as to be misaligned from each other (figure 1, Moon and figures 2, 3 and 6 of Kwang).
As to claim 6, modified Moon discloses wherein, the protrusions are formed on a lower surface and an upper surface of the insulating member at a predetermined angular interval (figure 1, Moon and figures 2, 3 and 6 of Kwang).
As to claim 7, modified Moon is silent to wherein, the protrusions are formed asymmetrically with respect to the first terminal hole. However, it would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to change the symmetry of the protrusion as a mere change in shape (see MPEP 2144.04).
As to claim 8, modified Moon discloses wherein, the protrusions are provided in different numbers in regions symmetrical with respect to the first terminal hole (figure 1, Moon and figures 2, 3 and 6 Kwang, regions are broad and can be place anywhere to read on instant claimed invention).
As to claim 9, modified Moon discloses wherein, the protrusions have a rectangular planar shape, a circular planar shape, or a triangular planar shape (figures 2, 3 and 6 of Kwang).
As to claim 10, modified Moon discloses wherein, the rivet terminal comprises:
an outer portion exposed above the cylindrical can (figure 1 #132, [0031] and discussed throughout); and
an insertion portion extending from the outer portion to within the cylindrical can (figure 1 #131 or #133, [0031], discussed throughout).
As to claim 11, modified Moon discloses wherein, the outer portion comprises first protrusion recesses formed in a lower surface of the outer portion so as to allow the protrusions to be fitted into the first protrusion recesses, respectively (figure 1, Moon and figures 2, 3, and 6 Kwang).
As to claim 12, modified Moon discloses wherein, the cylindrical can comprises a second terminal hole formed in an upper surface of the cylindrical can configured to allow the rivet terminal to pass therethrough (figure 1 #130, the location of the terminal is the second terminal hole, [0031], note there is no claimed first terminal hole in the same location, seen throughout).
As to claim 13, modified Moon discloses wherein, the cylindrical can comprises second protrusion recesses formed in the upper surface of the cylindrical can so as to allow the protrusions to be fitted into the second protrusion recesses, respectively (figure 1, Moon and figures 2, 3 and 6 of Kwang).
As to claim 14, modified Moon discloses wherein, the second protrusion recesses are formed symmetrically with respect to the second terminal hole (figure 1, Moon as modified above, figures 2, 3 and 6 Kwang).
As to claim 15, modified Moon discloses comprising a first gasket disposed between the rivet terminal and the second terminal hole (figure 1 #140, a part of 140 could be considered a first gasket, seen throughout).
As to claim 16, modified Moon discloses wherein, the insulating member is formed of at least one resin comprising perfluoroalkoxy (PFA), polypropylene (PP), or polybutylene terephthalate (PBT) (page 4, Kwang).
As to claim 17, modified Moon is silent to wherein, a planar shape of the protrusions has a V-shape bent at a predetermined angle. However, it would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to change the same of the protrusion as a mere change in shape (see MPEP 2144.04).
As to claim 18, modified Moon is silent to wherein, a planar shape of the protrusions has a shape of an arc of a circle concentric with the first terminal hole. However, it would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to change the same of the protrusion as a mere change in shape (see MPEP 2144.04).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R OHARA whose telephone number is (571)272-0728. The examiner can normally be reached 7:30 AM-3:30 PM EST M-F.
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/BRIAN R OHARA/Examiner, Art Unit 1724
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