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 certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (US20090136840A1).
Regarding claim 1, Kim discloses “a power storage device (Kim, [0012]) comprising: a case (Kim, Fig.1A, 10) including a cylindrical tube part having an opening end portion at one end thereof (Bottom of element 10 in Fig.1A of Kim) , and a bottom part closing another end of the tube part (Top of element 10 in Fig.1A of Kim); a power storage element (Kim, Fig.1A, 20) disposed in the case and including a pair of electrodes (Kim, Fig.1A, 21, 23); a band-shaped lead (Kim, Fig.1A, 27) connected to one electrode of the pair of electrodes; and a sealing member (Kim, Fig.1A, 30, 40) sealing the opening end portion of the case, wherein the sealing member includes an insulating gasket (Kim, Fig.1A, 30) and a conductive sealing plate (Kim, Fig.1A, 50), the gasket includes a compression part interposed between the tube part and the sealing plate, and a base part (Bottom parts of gasket inside can and pointed towards electrode) disposed between the sealing plate and the power storage element, the sealing plate includes a displacement part (Middle of element 50 in Fig.1A of Kim), and an outer circumferential part provided around the displacement part and held by the compression part, the displacement part of the sealing plate and the lead are electrically connected to each other (See part circled and labeled A in Fig.1A of Kim), the displacement part is configured to be displaced in a direction away from the lead in response to an increase in an internal pressure of the case, thereby electrically disconnecting the displacement part and the lead from each other, and the power storage device further comprises displacement suppressing means (Kim, Fig.1B) disposed in the case and configured to suppress displacement of the lead when the displacement part is displaced in the direction away from the lead (Kim, [0048])”.
Regarding claim 2, Kim discloses “the power storage device according to claim 1, wherein the base part has a through hole (Gap between the separate sides of element 30 in Fig.1A of Kim) formed therein, the lead includes a connection region in which at least one bent part is formed as the displacement suppressing means at at least one end of the lead in a width direction of the lead (Kim, Fig.1B, 27c), and the displacement part of the sealing plate and the connection region of the lead are connected to each other via the through hole”.
Regarding claim 3, Kim discloses “the power storage device according to claim 2, wherein the at least one bent part has a fold extending along a longitudinal direction of the lead” (Kim, Fig.1B, 27b).
Regarding claim 4, Kim discloses “the power storage device according to claim 2, wherein the at least on bent part has a fold inclined relative to a longitudinal direction of the lead” (Kim, Fig.4A).
Regarding claim 5, Kim discloses “the power storage device according to any one of claims 2 to 4, wherein the at least one bent part includes two bent parts, one of the bent parts is disposed at one end of the lead in the width direction, and the other bent part is disposed at another end of the lead in the width direction” (Kim, Fig.1B).
Regarding claim 6, Kim discloses “the power storage device according to any one of claims 2 to 5, wherein one end portion and another end portion of the connection region each overlap the outer circumferential part of the sealing plate as viewed from an axial direction of the case, and the base part of the gasket is sandwiched between the one end portion of the connection region and the outer circumferential part, and between the other end portion of the connection region and the outer circumferential part” (See annotated Kim Fig.1A below, outer circumferential part of the sealing plate labeled A and end portions of connection region labeled B).
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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.
Claim(s) 7-10, 12-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US20090136840A1) in view of Enomoto et al (WO2019026526A1, hereinafter Enomoto, using US20210119299A1 as a translation).
Regarding claim 7, Kim does not disclose the displacement means as a reinforcing member for the base part and that the base part covers part of the principal surface of the reinforcing member on the battery side and with at least one opening. However, Enomoto discloses a cylindrical battery with an opening sealing body that seals the opening of the battery can and that this sealing body may be used to provide a highly reliable cylindrical battery in which the current cutoff mechanism operates stably (Enomoto, [0008]). Enomoto also discloses the opening sealing body including an insulating member which is produced integrally with a metal plate, where the insulating member can be on either the valve side or inner side of the metal plate (Enomoto, [0024]). Enomoto additionally discloses the metal plate being exposed at some portions on the inner side (Enomoto, [0048]).
Therefore it would have been obvious to one skilled in the art before the effective filling date of the invention to substitute the cap assembly of Kim with the opening sealing body of Enomoto to provide a more reliable cylindrical battery where the cutoff mechanism operates stably because the substituted component was known, their functions were known in the art, one of ordinary skill in the art could have substituted one known component for another and that the result of the substitution would have been predictable. See MPEP 2143 I (B).
Regarding claim 8, Enomoto discloses a metal plate, where increased internal battery pressure causes the connection portion between the metal plate and the valve member to be broken (Enomoto, [0057]). Enomoto discloses a first connection portion between the metal plate and valve member (Enomoto, [0057]), and a second connection between the positive electrode lead and the metal plate (Enomoto, [0058]).
Regarding claim 9, Enomoto discloses two connections on the metal plate; one connection at the thin-walled portion at its central portion (Enomoto, [0035], Fig.5), and the other inside the holes on the metal plate which are spaced outward radially on the metal plate (Enomoto, [0048], Fig.5).
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Regarding claim 10, Enomoto discloses an annular insulating section covering a peripheral portion of the metal plate (Enomoto, [0047]-[0048], Fig.5), this annular insulating section leaving exposed both the thin-walled central portion and a part of the holes on the metal plate (Enomoto, Fig.5).
Regarding claim 12, Enomoto discloses a section of the insulting member (Enomoto, P3) that covers at least part of the surface of the metal plate on the inner portion (Enomoto, [0050]) and protrudes toward the power storage side relative to a nonoverlapping section (Enomoto, Fig.6, P3 and P4).
Regarding claim 13, Enomoto discloses a portion of the insulating member covering the metal plate on the valve member side (Enomoto, [0039], Fig.3, P1).
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Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US20090136840A1) in view of Enomoto et al (WO2019026526A1, hereinafter Enomoto, using US20210119299A1 as a translation) as applied to claim 10 above, and further in view of Coakley et al (US20160073506A1, hereinafter Coakley).
Regarding claim 11, Neither Kim nor Enomoto disclose multiple holes in the insulating member to allow for connections. Coakley discloses a connection to a battery facing surface of a conductor through an opening in an insulating layer (Coakley, [0136]). Coakley discloses that there might be multiple insulating layer openings aligned with battery terminals (Coakley, [0137]), where one conductor might make connections through separate openings (Coakley, [0138]).
Therefore it would have been obvious to one skilled in the art before the effective filling date of the invention to substitute the insulating member of Enomoto with the insulating layer of Coakley to retain insulation over intervening conductor surface while preserving access at the required connection sites because the substituted component was known, their functions were known in the art, one of ordinary skill in the art could have substituted one known component for another and that the result of the substitution would have been predictable. See MPEP 2143 I (B).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA P BISTANY-RIEBMAN whose telephone number is (571)272-9591. The examiner can normally be reached Mon-Fri. 7:30am-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas A Smith can be reached at 5712728760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA P BISTANY-RIEBMAN/Examiner, Art Unit 1752
/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752
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