DETAILED ACTION
Continued Examination Under 37 CFR 1.114
1. 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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 7/28/2026 has been entered.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. The instant application is part of the Patent Prosecution Highway (PPH) program.
Priority & PPH Eligibility
2. Applicant filed a translation of the foreign priority document: KR 10-2021-0160477 (filing date: 11/19/2021) on 6/12/2025. The later-filed application must be an application for a patent for an invention which is also disclosed in the prior application (the parent or original nonprovisional application or provisional application). The disclosure of the invention in the parent application and in the later-filed application must be sufficient to comply with the requirements of 35 U.S.C. 112(a) or the first paragraph of pre-AIA 35 U.S.C. 112, except for the best mode requirement. See Transco Products, Inc. v. Performance Contracting, Inc., 38 F.3d 551, 32 USPQ2d 1077 (Fed. Cir. 1994).
The disclosure of the prior-filed application, Application No. KR 10-2021-0160477 (filing date: 11/19/2021), fails to provide adequate support or enablement in the manner provided by 35 U.S.C. 112(a) or pre-AIA 35 U.S.C. 112, first paragraph for one or more claims of this application. A detailed analysis with respect to this finding is found in prior Office Actions including at least the Notice of Non-Compliant Amendment filed 5/28/2026 (pages 3-5). Accordingly, the instant application is not accorded the benefit of the filing date of the KR 10-2021-0160477 application.
3. The instant application claims priority to a second Korean application, KR 10-2022-013323 (filed 10/17/2022). It is noted that at least the drawings in this application also do not support the elected Species, namely, Fig. 6d and the corresponding weld construct of Fig. 2 as shown below (these drawings are absent therefrom):
Figures from the Instant Application
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Accordingly, the oldest effective filing date or priority date for claims that include features specific to only the above elected Species, namely, Fig. 6d, and the corresponding weld construct of Fig. 2, appears to be that of the PCT application (PCT/KR2022/018346) of which the instant application is a national stage entry (filed 11/18/2022).
The application is a PPH application and the OEE application is KR 10-2023-007014 (filed 11/18/2022) (copy provided by Applicant on 7/28/2026; a third Korean application) and has what appear to be identical figures to the PCT application (PCT/KR2022/018346) (and thus, the instant application). Accordingly, it appears that for at least features of the claims that are specific to only the above elected Species, namely, Fig. 6d, and the corresponding weld construct of Fig. 2, is the PCT application (PCT/KR2022/018346) of which the instant application is a national stage entry (filed 11/18/2022). Given the priority date (11/18/2022) of these applications (PCT/KR2022/018346 and OEE application KR 10-2023-007014) is the same, it appears the instant application and the OEE application will share a common earliest priority date. These comments are made for clarity of the record.
Election/Restrictions
4. The following is repeated for clarity of the record. Applicant elected without traverse Species 4 (Fig. 6d) corresponding to the weld construct shown in Figure 2. The claims that read on the elected species and corresponding weld construct include claims 1-5 and 22-25.
Claim 18 does not appear to read on the elected species (see analysis below); however, for compact prosecution purposes, it is still examined as best as possible as to what the Examiner believes the intent is with respect to the elected species.
Claims 6-14, 16-17, and 21 remain withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected species, there being no allowable generic or linking claim, the election being made without traverse. Election was made without traverse in the replies filed on 2/3/2025 and 2/12/2025.
Specification & Election Made
5. It is noted that an Examiner Proposed correction is proposed below to provide correspondence between the claims and the specification; and allow for claim 18 (at least what the Examiner believes the intent thereof to be) to be examined against the prior art in view of the elected Species (Fig. 6d). It is noted that claim 18 will be examined both ways (as presented and the Examiner proposed correction).
Claim 18 was amended on 8/22/2025 is below:
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It is noted that there was no support citation or discussion of how the feature is supported, and the response filed 6/12/2025 notes that the amendment is to address informalities. Upon further review, the terminology of a “plurality of bends” or “bends” is not found in the instant application written description:
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While the original language and the language added, on its face, appear to be equivalent to one another, the issue is that the language is highly confusing in the context of the specification as to what is actually being claimed. As best understood by the Examiner, the original language of “the first current collecting plate is bent one or more times” to achieve the result/construct claimed of “such that an end of the first current collecting plate 51 is located to face a direction of the opening of the case 20, an outward direction of the first current collecting plate 51 or a direction toward a center of the first current collecting plate 51” is with reference to:
the first current collecting plate 51 is bent one time (i.e., first bent portion 51c) – Fig. 6a such that an end of the first current collecting plate 51 is located to face a direction of the opening of the case 20;
the first current collecting plate 51 is bent twice (i.e., first bent portion 51c, and second bent portion 51d – reading on the original language of “bent one or more times”) - Fig. 6b such that an end of the first current collecting plate 51 is located to face an outward direction of the first current collecting plate 51;
the first current collecting plate 51 is bent twice (i.e., first bent portion 51c, and second bent portion 51d – reading on the original language of “bent one or more times”) – Fig. 6c such that an end of the first current collecting plate 51 is located to face a direction toward a center of the first current collecting plate 51;
the first current collecting plate 51 is bent one time (i.e., first bent portion 51c) – Fig. 6d (elected species) such that an end of the first current collecting plate 51 is located to face a direction of the opening of the case 20;
and so on and so forth (Figs. 6e, 6f).
The issue with respect to claim examination is that the elected species (Fig. 6d, reproduced below) only includes a first bent portion 51c, or what could be appropriately claimed as “a plurality of first bent portions” using claim language having a correspondence with the specification, versus “a plurality of bends” as amended and having a contextually different meaning as outlined above:
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It would appear that claim 18 as presented does not read on elected species Fig. 6d given it does not have a plurality of bends (interpreted consistent with the instant application disclosure as including a first bent portion 51c and a second bent portion 51d) and would be in a withdrawn status1. To this end, it is noted that there is no interpretation where the first current collecting plate is bent one time and has the other two directions faced named in the “such that” clause.
An amendment to recite “a plurality of first bent portions” is problematic in conjunction with the “such that” feature as the embodiment disclosed and elected (Fig. 6d) is not such that an end thereof (in Fig. 6d) faces any direction other than a direction of the opening (i.e., the other directions of the “such that” feature are not possible in this configuration).
Accordingly, in order to obviate the subsequent specification objection and provide clear correspondence between specification and the claims, an Examiner proposed correction is provided below that uses the terminology of the specification and corresponds to the elected Species (Fig. 6d):
“the first current collecting plate includes a flat portion horizontal to the vent and a plurality of first bent portions that are each bent to form a predetermined angle with the flat portion, and wherein each first bent portion is horizontal to an inner wall of the case.”
6. The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o) (portions thereof reproduced below with emphasis added):
The meaning of every term used in any of the claims should be apparent from the descriptive portion of the specification with clear disclosure as to its import; and in mechanical cases, it should be identified in the descriptive portion of the specification by reference to the drawing, designating the part or parts therein to which the term applies. A term used in the claims may be given a special meaning in the description. See MPEP § 2111.01 and § 2173.05(a).
Usually the terminology of the claims present on the filing date of the application follows the nomenclature of the specification, but sometimes in amending the claims or in adding new claims, new terms are introduced that do not appear in the specification. The use of a confusing variety of terms for the same thing should not be permitted. This is necessary in order to insure certainty in construing the claims in the light of the specification. See 37 CFR 1.75, MPEP § 608.01(i) and § 1302.01 and § 2103.
The amended claim language (filed on 8/22/2025 and 7/28/2026) within claim 18 as emphasized below of:
“…the first current collecting plate includes a plurality of bends such that such that an end of the first current collecting plate is located to face a direction of the opening of the case, an outward direction of the first current collecting plate or a direction toward a center of the first current collecting plate, and
wherein the first current collecting plate comprises a flat portion horizontal to the vent and the plurality of bends includes a bent portion bent to form a predetermined angle with the flat portion and wherein the bent portion is horizontal to an inner wall of the case.”
is new terminology that does not exist in the specification. The analysis provided in the section above is entirely incorporated into the instant objection and not repeated here. An Examiner proposed correction is also provided above for compact prosecution purposes.
Claim Analysis - Applicant as his/her own Lexicographer
7. An applicant is entitled to be his or her own lexicographer and may rebut the presumption that claim terms are to be given their ordinary and customary meaning by clearly setting forth a definition of the term that is different from its ordinary and customary meaning(s). See In re Paulsen, 30 F.3d 1475, 1480, 31 USPQ2d 1671, 1674 (Fed. Cir. 1994). Where an explicit definition is provided by the applicant for a term, that definition will control interpretation of the term as it is used in the claim. Toro Co. v. White Consolidated Industries Inc., 199 F.3d 1295, 1301, 53 USPQ2d 1065, 1069 (Fed. Cir. 1999); MPEP 2111.01, Section IV.
The Applicant has provided their own definitions to for “vent” which is not its ordinary and customary meaning. Applicant defines “a vent” as a thin film structure through which current flows (P80) which is contrary to its ordinary and customary meaning. The vent may include one or more vent notches (i.e., not required of the claimed vent).
The definition will control the interpretation of the term as it is used in the claim (MPEP 2111.01).
8. The claims utilized the terminology of “a radial direction of the secondary battery” (see at least claims 23 and 25). The radial direction as claimed, giving it its broadest, reasonable interpretation that is also consistent with the disclosure (see amended Fig. 2 showing the radial direction “r”), is a direction that is perpendicular to the central axis, extending outward from it.
Claim Rejections - 35 USC § 112
9. The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
10. Claim 25 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Newly added claim 25 recites, “wherein the vent is configured to rupture due to pressure within the case…” No such language exists in the instant application (“L75” is the instant PGPUB – see PE2E Search history for full review):
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The breadth of that which is presented in claim is not supported by the instant application, wherein what is claimed is significantly broader than what is supported which is: “The vent 30 may include one or more vent notches that burst when a pressure inside the case 20 exceeds a critical value” (P80). The vent as claimed that is “configured to rupture” may take on a great number of formats not contemplated or described by the inventors at the effectively filed date of the application. See MPEP § 2163:
See Juno Therapeutics, Inc. v. Kite Pharma, Inc., 10 F.4th 1330, 1337, 2021 USPQ2d 893 (Fed. Cir. 2021) ( "[T]he written description must lead a person of ordinary skill in the art to understand that the inventor possessed the entire scope of the claimed invention. Ariad, 598 F.3d at 1353–54 ('[T]he purpose of the written description requirement is to ensure that the scope of the right to exclude, as set forth in the claims, does not overreach the scope of the inventor's contribution to the field of art as described in the patent specification.' (internal quotation marks omitted).") (MPEP 2163).
The scope of the newly added claim overreaches the scope of the written description (P80).
This is an example of a broad genus claim being presented but the disclosure only describes a narrow species with no evidence that the genus is contemplated. See Ariad Pharms., Inc. v. Eli Lilly & Co., 598 F.3d 1336, 1349-50 (Fed. Cir. 2010) (en banc).
Additionally, the vent including one or more vent notches bursts when a pressure inside the case exceeds a critical value (P80). The claim broadly presents that the vent is configured to rupture due to a pressure within the case, wherein this is not supported, as the bursting only occurs when “a pressure inside the case exceeds a critical value.”
Appropriate correction is required. Future claim amendments should be accompanied with comments that specifically point out support for any claim amendments. See MPEP 2163, section 3(b); MPEP § 714.02; and MPEP § 2163.06:
With respect to newly added or amended claims, applicant should show support in the original disclosure for the new or amended claims. See, e.g., Hyatt v. Dudas, 492 F.3d 1365, 1370, n.4 (Fed. Cir. 2007)
"Applicant should ... specifically point out the support for any amendments made to the disclosure."
Claim Rejections
11. The claim rejections from the Final Office Action are updated to reflect the amendments filed on 7/28/2026. The rejections presently applied to the claims are thus those found below.
Claim Rejections - 35 USC § 102
12. Claims 1-5, 18, and 24 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Cho et al. (US 2023/0006289).
Regarding claim 1, Cho teaches a secondary battery 100 (Figs. 1-3; entire disclosure relied upon) comprising:
an electrode assembly 110 (Fig. 1; P27);
a can 120 (“case”) having an opening on one side and configured to accommodate the electrode assembly 110 therein (Fig. 1; P27, 33);
a first electrode terminal 150 electrically connected to the electrode assembly 110 and having a polarity different from a polarity of the can 120 (“case”) (P27, 43):
a cap plate 130 (“a vent”) coupled to the opening of the can 120 (“case”); and
a first current collecting plate 140 electrically connected to the electrode assembly, wherein the first current collecting plate 140 is welded to and electrically connected to at least the can 120 (“case”) or the vent, and the cap plate 130 (“vent”) is electrically connected to and fixed to the can 120 (“case”) (Figs. 1-3; P36; not limited to entire disclosure). Figs. 1 of Cho is reproduced below:
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Regarding claim 2, Cho teaches a first weld portion (W2) where a contact surface of the first current collecting plate 140 and the can 120 (“case”) is welded, and a third weld portion (W1) where a contact surface of the first current collecting plate 140 and the cap plate 130 (“vent”) is welded (Fig. 1; P36).
Regarding claim 3, Cho teaches wherein the first weld portion (W2) and the third weld portion (W1) are located along a circumference of an outer surface of the cap plate 130 (“vent”) (Figs. 1, 3).
Regarding claim 4, Cho teaches wherein the first weld portion (W2) and the third weld portion (W1) are located along a circumference of the can 120 (“case”) adjacent to the opening (Fig. 1, 3).
Regarding claim 5, Cho teaches wherein a diameter of the cap plate 130 (“vent”) is smaller than a diameter (i.e., as measured above stepped portion 121) of an inner wall of the case.
Regarding claim 18, Cho teaches wherein the first current collecting plate 140 includes a plurality of first regions 141 (i.e., “a plurality of bends”) such that an end thereof is located to face a direction of the opening (see Figs. 2-3);
wherein the first current collecting plate 140 comprises a second region 142 (“a flat portion”) horizontal to the cap plate 130 (“vent”) (Figs. 2-3) and the plurality of first regions 141 (“plurality of bends”) includes “a bent portion” (selecting any one of the illustrated bent portions thereof) to form a predetermined angle with the second region 142 (i.e., whatever the angle is that it is illustrated in Fig. 3) and wherein the bent portion is horizontal to an inner wall of the case 120 (Figs. 2-3; P40).
Fig. 3 of Cho illustrating the first current collecting plate 140 is reproduced below for convenience:
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Regarding the Examiner-proposed claim 18, Cho teaches the first current collecting plate 140 includes a second region 142 (“a flat portion”) horizontal to the cap plate 130 (“vent”) (Figs. 2-3) and a plurality of first regions 141 (“first bent portions”) that are each bent to form a predetermined angle (i.e., whatever the angle is that it is illustrated in Fig. 3) with the second region 142 (“a flat portion”), and wherein each first region 141 (“each first bent portion”) is horizontal to an inner wall of the case (see Figs. 2-3).
Regarding claim 24, Cho teaches the vent 130 includes a notch (i.e., the portion where 180 is placed over – see Figs. 1-2; P42).
13. Claims 1-5, 22, and 24 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gu et al. (US 2025/0070404) (having an effective filing date of 8/8/2022).
Regarding claim 1, Gu teaches a secondary battery comprising:
an electrode assembly 22;
a case 21 opened on one side and configured to accommodate the electrode assembly 22 therein;
a first electrode terminal 25 electrically connected to the electrode assembly and having a polarity different from a polarity of the case 21:
an end cover 232 (“a vent”) coupled to the opening of the case 21; and
a first current collecting plate 24 electrically connected to the electrode assembly, wherein the first current collecting plate 24 is welded to and electrically connected to at least the case or the vent (e.g. weld 26), and the vent 23 is electrically connected to and fixed to the case 21 (see weld 28) (see Figs. 6-7; 12-14; entire disclosure relied upon).
Regarding claim 2, Gu teaches a first weld portion (weld 26) where a contact surface of the first current collecting plate 24 and the 21 is welded, and a third weld portion (weld 28) where a contact surface of the first current collecting plate and the vent 23 is welded (see Figs. 6-7; 12-14; entire disclosure relied upon)
Regarding claim 3, Gu teaches wherein the first weld portion 26 and the third weld portion 28 are located along a circumference of an outer surface of the vent 23 (see Figs. 6-7; 12-14; entire disclosure relied upon).
Regarding claim 4, Gu teaches wherein the first weld portion 26 and the third weld portion 28 are located along a circumference of the case adjacent to the opening (see Figs. 6-7; 12-14; entire disclosure relied upon).
Regarding claim 5, Gu teaches wherein a diameter of the vent 23 (could be overall diameter or diameter of protrusions 231) is smaller than a diameter of an inner wall of the case (at least Fig. 12).
Regarding claim 22, Gu teaches a battery pack comprising at least one secondary battery of claim 1 (see Figs. 1-3).
Regarding claim 24, Gu teaches vent 23 includes a notch (see Figs. 12-13).
14. Claims 1-5, 18, 22, and 24 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Gu et al. (US 2024/0266688)3 (hereinafter “Gu2”) (effective filing date of 5/23/2022).
Regarding claim 1, Gu2 teaches a secondary battery (Figs. 3-15; P6-10, 89, 101) comprising:
an electrode assembly 2 or electrode body 21 (either reading on “an electrode assembly”) (P102-104);
a case 1 with an opening 11 on one side and configured to accommodate the electrode assembly 21 therein (at least Figs. 4-6; P102-103);
a first electrode terminal 5 electrically connected to the electrode assembly and having a polarity different from a polarity of the case (P104);
an end cap 3 (“a vent”) coupled to the opening 11 of the case 1 (P102); and
a first current collecting plate 4 electrically connected to the electrode assembly (P59, 102),
wherein the first current collecting plate 4 is welded to and electrically connected to at least the case 1 or the vent 3 (P11), and the vent 3 is electrically connected to and fixed to the case 1 (P102-113, 130; not limited to entire disclosure).
Regarding claim 2, Gu2 teaches the secondary battery of claim 1, comprising a first weld portion where a contact surface of the first current collecting plate 4 and the case 1 is welded, and a third weld portion where a contact surface of the first current collecting plate 4 and the vent 3 is welded (Figs. 4-15; described at P11, 17, 24, 58, 102-113; not limited to entire disclosure).
Regarding claim 3, Gu2 teaches wherein the first weld portion and the third weld portion are located along (i.e., at least adjacent/next to) a circumference of an outer surface of the vent 3 (Figs. 4-15; described at P11, 17, 24, 58, 102-113; not limited to entire disclosure).
Regarding claim 4, Gu2 teaches wherein the first weld portion and the third weld portion are located along (i.e., at least adjacent/next to) a circumference of the case adjacent to the opening (Figs. 4-15; described at P11, 17, 24, 58, 102-113; not limited to entire disclosure).
Regarding claim 5, Gu2 teaches wherein a diameter of the vent is smaller than a diameter of an inner wall of the case (see Figs. 4-15).
Regarding claim 18, Gu2 teaches wherein the first current collecting plate 4 includes a plurality of folded portions 42 (“a plurality of bends”) such that an end thereof is located to face a direction of the opening (Figs. 5, 6, 8; P18-20, 33-36, 59-61, 118-142) and
and wherein the first current collecting plate 4 comprises a flat portion 41 horizontal to the vent 3 and the plurality of folded portions 42 (“plurality of bends”) includes a bent portion bent to form a predetermined angle with the flat portion 41 (P59-61, 135) and wherein the bent portion is horizontal to an inner wall of the case (see Figs. 5, 6, 8, 15).
Regarding the Examiner-proposed claim 18, Gu2 teaches the first current collecting plate 4 includes a flat portion 41 horizontal to the vent 3 (at least Figs. 5-6) and a plurality of first folded portions 42 (“first bent portions”) (Figs. 5-6, 8) that are each bent to form a predetermined angle (P135) with the flat portion 41, and wherein each folded portion 42 (“each first bent portion”) is horizontal to an inner wall of the case (see Figs. 5-6, 8).
Regarding claim 22, Gu2 teaches a battery pack comprising at least one secondary battery of claim 1 (P98-101; Figs. 1 & 2).
Regarding claim 24, Gu2 teaches vent 3 includes a notch (see recess 31) (Figs. 5, 6).
Claim Rejections - 35 USC § 102/ § 103
15. Claim 18 is rejected under 35 U.S.C. 102(a)(2) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Gu et al. (US 2025/0070404) as applied to at least claim 1 above.
Regarding claim 18, Gu teaches wherein the first current collecting plate 24 includes “a plurality of bends” (242 is provided in plurality (see Figs. 4, 7 below) [just as 51c is provided in plurality in the elected Fig. 6d construct] such that an end thereof is located to face a direction of the opening (see Figs. 4-7; 12-14; entire disclosure relied upon), and
wherein the first current collecting plate 24 comprises a flat portion 241(P129) horizontal to the vent 23 (see Fig. 7) and the plurality of bends (242, 242, etc.) includes a bent portion (selecting one of them; further annotated below) to form a predetermined angle with the flat portion 241 and wherein the bent portion (one of the multiple 242’s) is horizontal to an inner wall of the case (see Fig. 7). Figs. 4 & 8 of Gu are reproduced below for convenience:
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It is noted that Gu teaches first connecting portion 241 and second connection portion(s) 242 may be connected through welding (P147) and formed into an integral member (P19). Accordingly, as annotated below with an arrow, there is “a bent portion” as claimed:
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The claim is a product claim, wherein how the “bent portion” is achieved is immaterial to the product claim unless the process provides some structure that is not met or considered unobvious over the prior art (see MPEP 2113; see also alternative rejection of claim 18 under 103 below). All of the structure that is set forth by the first current collecting plate includes “a plurality of bends” including “a bent portion bent to form a predetermined angle with the flat portion” appears to be fully met by the structure of Gu such that Gu is considered to anticipate the claim. Alternatively, any differences provided by the product-by-process limitation would provide a product that is obvious from the first current collecting plate 24 of Gu. Regarding product-by-process limitation, see MPEP § 2113.
Additionally, the court has held:
In re Larson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) (A claim to a
fluid transporting vehicle was rejected as obvious over a prior art reference which
differed from the prior art in claiming a brake drum integral with a clamping means,
whereas the brake disc and clamp of the prior art comprise several parts rigidly secured
together as a single unit. The court affirmed the rejection holding, among other reasons,
“that the use of a one piece construction instead of the structure disclosed in [the prior
art] would be merely a matter of obvious engineering choice.”)
Therefore, the finding of obviousness with respect to the manner of achieving the claimed current collector by way of the method of bending is considered further obvious with respect to providing a first current collecting plate 24 having portions (241, 242) that are originally flat and coplanar with 241, and subsequently subjected to a bending process in which portions 242 are bent to form a predetermined angle, is considered a matter of obvious engineering choice as to how to provide first current collecting plate 241 of Gu in view of the case law above.
Claim Rejections - 35 USC § 103
16. Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Gu et al. (US 2025/0070404) as applied to at least claim 1 above, and further in view of Chai et al. (CN 113258124) (machine translation previously provided).
Regarding claim 23, Gu teaches at least a portion (242) of the first current collecting plate 24 is disposed between the case 211 and the vent 23; however, Gu fails to disclose the portion (242) is disposed between the cas 211 and a radially outermost surface of the vent 23 along a radial direction of the secondary battery as claimed.
In the same field of endeavor, Chai teaches analogous art of a secondary battery including analogous constituents as claimed including at least a current collector plate 14 welded to the housing (“case”) and end cover 13 (“vent”) sealed to the housing (“case”) (page 4 of the translation), the end cover 13 (“vent”) provided with a pressure relief mechanism 16 (pages 4, 7, and 10). Chai teaches that the outer side surface (“radially outermost surface of the vent along a radial direction of the secondary battery” – claim 23) of the end cover 13 (“vent”) is opposite to the inner side surface of the housing (“case”) with at least part of the current collector 14 located between the outer side surface (“radially outermost surface”) of the end cover 13 (“vent”) and the inner side surface of the housing (“case”) such that the end cover 13 (“vent”) presses a part of the current collecting member 14 against the inner side surface of the housing (“case”) (page 2, first paragraph). Chai teaches that this configuration improves the firmness of the current collecting member connected to the housing (pages 2, second paragraph). The configuration specifically involves a current collector 14 having a first connecting part 141 and a second connecting part 142, the first connecting part 141 electrically connecting to the electrode assembly, and the second connecting part 142 achieves the above-described technical effect of being located between the outer side surface (“radially outermost surface along a radial direction of the secondary battery ”) of the end cover 13 (“vent”) and the inner side surface of the housing (“case”) such that the end cover 13 (“vent”) presses a part of the current collecting member against the inner side surface of the housing to improve the firmness of the connection (pages 2, 12; Figs. 3-9).
Therefore, it would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to configure the first current collecting plate 24 of Gu such that at least a portion thereof (242) is disposed between the case 211 and a radially outermost surface of the vent 23 along a radial direction of the secondary battery given Chai teaches the technique and construct are known in the state of the prior art as detailed above, the application thereof to the secondary battery of Cho providing for the taught, predictable, and advantageous result of improving the firmness of the connection of these components (pages, 2, second paragraph; entire disclosure relied upon).
17. Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Gu et al. (US 2025/0070404) as evidenced by or in view of Wang et al. (US 2010/0040945).
Regarding claim 25, Gu teaches wherein the end cover 23 (“vent”) may include a notch (see Figs. 12-13 embodiment). Gu does not explicitly teach that end cover 23 having the illustrated notch (i.e., “the vent”) is configured to rupture due to a pressure within the case; however, given the illustrated notch is considered to intrinsically provide said function by way of its structure (Figs. 12-13), as well as the configuration being routine and standard in the state of the prior art, it would be immediately apparent that the end cover 23 of Fig. 12-13 embodiment having said notches is constructed as a vent configured to rupture due to a pressure within the case 21. This is evidenced by Wang in which it is a well-known, standard configuration dating back to at least 2010 to provide a secondary battery cover plate 4 (“vent”) including an anti-explosive groove 5 (P10) that covers an opening 2 of the case 1 and is welded to the case 1, wherein the groove is configured to rupture due to a pressure within the case (P36, 44), and is illustrated in the same manner as the notches of Gu (see Fig. 4 of Wang).
Alternatively, for the avoidance of doubt, in an alternative rejection under 103, it would have been obvious to one having ordinary skill in the art at the effective date of the invention to configure the end cover 23 having the notch (i.e., “a vent”) of Gu (Fig. 12) such that it is configured to rupture due to a pressure within the case given Wang teaches the configuration and technique is known in the prior art as detailed above, and functions to provide the predictable, advantageous result of allowing release of the pressure promptly from the battery such that it does not explode (P36, 44).
The embodiment of Fig. 7 of Gu does not illustrate said notch such that the vent 23 is configured to rupture due to a pressure within the case 21; however, providing this same structure and functionality from the embodiment of Fig. 12 to the adjacent embodiment of Gu (Fig. 7 embodiment) to provide the intrinsic or predictable result of being configured to rupture due to a pressure in the case to allow release of the pressure promptly from the battery such that it does not explode (P36, 44) is an obvious expedient given the court has held that a single reference disclosing multiple embodiments in sequential drawings that disclosed all the claim limitations rendered the claim in question obvious (see Boston Scientific Scimed, Inc. v. Cordis Corp., No. 08-1073 (Fed. Cir. Jan. 15, 2009) in which a prior art disclosure showing adjacent figures that together disclosed all the elements of the claim established a case of obviousness4).
Gu teaches at least a portion (242) of the first current collecting plate is disposed between the case 211 and the vent 23 along a radial direction of the secondary battery (see Fig. 7), so as to directly contact the case 211 and the vent 23 (direct contact portions boxed below):
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18. Claim 22 is rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US 2023/006289) as applied to at least claim 1 above, and further in view of Fang et al. (US 2023/0198108).
Regarding claim 22, Cho teaches the secondary battery of claim 1 but fails to disclose its use specifically within a battery pack comprising at least one secondary battery of claim 1.
In the same field of endeavor, Fang teaches analogous art of a battery cell with analogous constituents and teaches it is a known technique to configure a battery pack with one or more battery cells in order to achieve a desired electrical configuration (P123), protection of the batter(ies) (see box 5) (P120), and ability to be implemented in a vehicle (Figs. 1-2; P116-123).
Therefore, it would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to implement the secondary battery of Cho within a battery pack given the configuration is routine in the prior art as would be immediately recognized by one skilled in the art, with Fang teaching such a configuration and that a battery pack allows for the design of a desired electrical configuration (P123), protection of the batter(ies) (see box 5) (P120), and ability to be implemented in a vehicle (Figs. 1-2; P116-123).
19. Claims 22 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US 2023/006289) as applied to at least claim 1 above, and further in view of Chai et al. (CN 113258124) (machine translation previously provided).
Regarding claim 22, Cho teaches the secondary battery of claim 1 but fails to disclose its use specifically within a battery pack comprising at least one secondary battery of claim 1.
In the same field of endeavor, Chai teaches analogous art of a secondary battery including analogous constituents as claimed including at least a current collector plate 14 welded to the housing (“case”) and end cover 13 (“vent”) sealed to the housing (“case”) (page 4 of the translation), the end cover 13 (“vent”) provided with a pressure relief mechanism 16 (pages 4, 7, and 10). Chai further teaches it is a known technique to provide a battery pack 100 (Fig. 2) comprising at least one secondary battery of claim 1, the configuration providing for a battery pack suitable to supply power to a vehicle (page 8) that can be connected in series and/or parallel (page 8).
Therefore, it would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to configure the secondary battery of Cho such that it is arranged in the construct of a battery pack given Chai teaches the technique and construct are known in the state of the prior art, thereby providing the predictable result of providing a battery pack suitable to supply power to a vehicle, the series and/or parallel connecting providing the advantage of increasing the current and/or voltage of the construct (page 8).
Regarding claim 23, Cho teaches at least a portion of the first current collecting plate 140 is disposed between the case 120 and the vent 130 (Fig. 2); however, Gu fails to disclose the at least a portion is disposed between the case 120 and a radially outermost surface of the vent 23 along a radial direction of the secondary battery as claimed.
In the same field of endeavor Chai teaches analogous art of a secondary battery including analogous constituents as claimed including at least a current collector plate 14 welded to the housing (“case”) and end cover 13 (“vent”) sealed to the housing (“case”) (page 4 of the translation), the end cover 13 (“vent”) provided with a pressure relief mechanism 16 (pages 4, 7, and 10). Chai teaches that the outer side surface (“radially outermost surface” – claim 23) of the end cover 13 (“vent”) is opposite to the inner side surface of the housing (“case”) with at least part of the current collector 14 located between the outer side surface (“radially outermost surface”) of the end cover 13 (“vent”) and the inner side surface of the housing (“case”) such that the end cover 13 (“vent”) presses a part of the current collecting member 14 against the inner side surface of the housing (“case”) (page 2, first paragraph). Chai teaches that this configuration improves the firmness of the current collecting member connected to the housing (pages 2, second paragraph). The configuration specifically involves a current collector 14 having a first connecting part 141 and a second connecting part 142, the first connecting part 141 electrically connecting to the electrode assembly, and the second connecting part 142 achieves the above-described technical effect of being located between the outer side surface (“radially outermost surface”) of the end cover 13 (“vent”) and the inner side surface of the housing (“case”) such that the end cover 13 (“vent”) presses a part of the current collecting member against the inner side surface of the housing to improve the firmness of the connection (pages 2, 12; Figs. 3-9).
Therefore, it would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to configure the first current collecting plate 140 of Cho such that at least a portion thereof is disposed between the can 120 (“case”) and the cap plate 130 (“vent”) along a radial direction of the secondary battery given Chai teaches the technique and construct are known in the state of the prior art as detailed above, the application thereof to the secondary battery of Cho providing for the taught, predictable, and advantageous result of improving the firmness of the connection of these components (pages, 2, second paragraph; entire disclosure relied upon).
20. Claim 24 is alternatively rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US 2023/006289) as applied to at least claim 1 above, and further in view of Wang et al. (US 2010/0040945). It is noted that the alternative rejection of claim 24 is a compact prosecution rejection (i.e., the notch being attributed with functionality of claim 25).
Regarding claim 24, Cho fails to explicitly teach the cap plate 130 (“vent”) includes a notch configured to rupture due to a pressure within the case. In the same field of endeavor, Wang teaches analogous art of a secondary battery including a cover plate 4 (“vent”) including an anti-explosive groove 5 (P10) (“a notch”) that covers an opening 2 of the case 1 and is welded to the case 1, wherein the groove (“notch”) is configured to rupture due to a pressure within the case (P36, 44) in order that to release of the pressure promptly from the battery such that it does not explode (P36, 44).
Therefore, it would have been obvious to one having ordinary skill in the art at the effective date of the invention to configure the end cover 130 (“vent”) of Cho to be configured to rupture due to a pressure within the case by way of anti-explosion groove 5 (“a notch”) given Wang teaches the configuration and technique is known in the prior art as detailed above, and functions to provide the predictable, advantageous result of allowing release of pressure promptly from the battery such that it does not explode (P36, 44).
21. Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US 2023/006289) as applied to at least claim 1 above, and further in view of Wang et al. (US 2010/0040945) and Chai et al. (CN 113258124) (machine translation previously provided).
Regarding claim 25, Cho fails to explicitly teach that the cap plate 130 (“vent”) is configured to rupture due to a pressure within the case. In the same field of endeavor, Wang teaches analogous art of a secondary battery including a cover plate 4 (“vent”) including an anti-explosive groove 5 (P10) that covers an opening 2 of the case 1 and is welded to the case 1, wherein the groove is configured to rupture due to a pressure within the case (P36, 44) in order that to release of the pressure promptly from the battery such that it does not explode (P36, 44).
Therefore, it would have been obvious to one having ordinary skill in the art at the effective date of the invention to configure the end cover 130 (“vent”) of Cho to be configured to rupture due to a pressure within the case by way of anti-explosion groove 5 (“a notch”) given Wang teaches the configuration and technique is known in the prior art as detailed above, and functions to provide the predictable, advantageous result of allowing release of pressure promptly from the battery such that it does not explode (P36, 44).
Cho teaches that at least a portion (see Fig. 3) of the first current collecting plate 140 is disposed between the case 120 and the vent; however, Cho fails to disclose at least a portion of the first current collecting plate 140 is disposed between the case 120 and the vent along a radial direction of the secondary battery, so as to directly contact the case 120 and the vent 130.
In the same field of endeavor, Chai teaches analogous art of a secondary battery including analogous constituents as claimed including at least a current collector plate 14 welded to the housing (“case”) and end cover 13 (“vent”) sealed to the housing (“case”) (page 4 of the translation), the end cover 13 (“vent”) provided with a pressure relief mechanism 16 (pages 4, 7, and 10). Chai teaches that the outer side surface of the end cover 13 (“vent”) is opposite to the inner side surface of the housing (“case”) with at least part of the current collector 14 located between the outer side surface of the end cover 13 (“vent”) along a radial direction of the secondary battery and the inner side surface of the housing (“case”), so as to directly intervene between the housing (“case”) and the end cover 13 (“vent”) such that the end cover 13 (“vent”) presses a part of the current collecting member 14 against the inner side surface of the housing (“case”) (page 2, first paragraph). Chai teaches that this configuration improves the firmness of the current collecting member connected to the housing (pages 2, second paragraph). The configuration specifically involves a current collector 14 having a first connecting part 141 and a second connecting part 142, the first connecting part 141 electrically connecting to the electrode assembly, and the second connecting part 142 achieves the above-described technical effect of being located between the outer side surface of the end cover 13 (“vent”) and the inner side surface of the housing (“case”) such that the end cover 13 (“vent”) presses a part of the current collecting member against the inner side surface of the housing to improve the firmness of the connection (pages 2, 12; Figs. 3-9).
Therefore, it would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to configure the first current collecting plate 140 of Cho such that at least a portion thereof is disposed to directly intervene between the can 120 (“case”) and the cap plate 130 (“vent”) along a radial direction of the secondary battery given Chai teaches the technique and construct are known in the state of the prior art as detailed above, the application thereof to the secondary battery of Cho providing for the taught, predictable, and advantageous result of improving the firmness of the connection of these components (pages, 2, second paragraph; entire disclosure relied upon).
The above advantageous technique provides for the first current collecting plate 140 of Cho to have at least a portion disposed between the can 120 (“case”) and the cap plate 130 (“vent”) along a radial direction of the secondary battery, so as to directly contact the can 120 (“case”) and the cap plate 130 (“vent”) (i.e., no other constituents exist at these location in the construct of Cho such that direct contact with each of these entities naturally flows from applying the taught technique of Chai to Cho in order to achieve the predictable result of improving the firmness of the connection of these components).
22. Claim 25 is alternatively rejected under 35 U.S.C. 103 as being unpatentable over Cho et al. (US 2023/006289) as applied to at least claim 1 above, and further in view of Wang et al. (US 2010/0040945) and Gu et al. (US 2024/0266688) (“Gu2”).
Regarding claim 25, Cho fails to explicitly teach that the cap plate 130 (“vent”) is configured to rupture due to a pressure within the case. In the same field of endeavor, Wang teaches analogous art of a secondary battery including a cover plate 4 (“vent”) including an anti-explosive groove 5 (P10) that covers an opening 2 of the case 1 and is welded to the case 1, wherein the groove is configured to rupture due to a pressure within the case (P36, 44) in order that to release of the pressure promptly from the battery such that it does not explode (P36, 44).
Therefore, it would have been obvious to one having ordinary skill in the art at the effective date of the invention to configure the end cover 130 (“vent”) of Cho to be configured to rupture due to a pressure within the case by way of anti-explosion groove 5 (“a notch”) given Wang teaches the configuration and technique is known in the prior art as detailed above, and functions to provide the predictable, advantageous result of allowing release of pressure promptly from the battery such that it does not explode (P36, 44).
Cho teaches that at least a portion (see Fig. 3) of the first current collecting plate 140 is disposed between the case 120 and the vent; however, Cho fails to disclose at least a portion of the first current collecting plate 140 is disposed between the case 120 and the vent along a radial direction of the secondary battery, so as to directly contact the case 120 and the vent 130. The compact prosecution version of this limitation is also addressed (i.e., “at least a portion of the first current collecting plate 140 is disposed between the case 120 and the vent along a radial direction of the secondary battery and directly contacts the case 120 and the vent 130”).
In the same field of endeavor, Gu2 teaches analogous art of a secondary battery having the same constituents (see above anticipatory rejection using Gu2), wherein Gu2 teaches at least a portion (folded portion 42) of the first current collecting plate 4 is disposed between the case 1 and the vent 3 along a radial direction of the secondary battery, so as to directly contact the case 1 and the vent 3 (see Fig. 5 below; P61):
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Gu2 teaches that by providing this folded portion 42 in the location claimed such that it pressed against the inner wall of the case 1, the folded portion can be tightly fitted to the inner wall of the case 1 which can improve the reliability of the electrical connection between the current collecting plate 4 and the case 1 to improve electrical conductivity of the battery cell (P61).
Therefore, it would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to configure the secondary battery of Cho such that its first current collecting plate 140 is provided with a folded portion 42 disposed between the case 1 and the vent 3 along a radial direction of the secondary battery, so as to directly contact the case 1 and the vent 3 given the technique and construct are taught by Gu2 and provide the predictable, advantageous result of allowing tight fitting of the components with one another to improve the reliability of the electrical connection between the current collecting plate 4 and the case 1 to improve electrical conductivity of the battery cell (P61).
23. Claim 25 is rejected under 35 U.S.C. 103 as being unpatentable over Gu et al. (US 2024/0266688) (“Gu2”) as applied to at least claim 1 above, and further in view of Wang et al. (US 2010/0040945).
Regarding claim 25, Gu2 fails to disclose end cap 3 (“vent’) is configured to rupture due to a pressure within the case. In the same field of endeavor, Wang teaches a secondary battery cover plate 4 (“vent”) including an anti-explosive groove 5 (P10) that covers an opening 2 of the case 1 and is welded to the case 1, wherein the groove is configured to rupture due to a pressure within the case (P36, 44).
Therefore, it would have been obvious to one having ordinary skill in the art at the effective date of the invention to configure the end cap 3 (“vent”) of Gu2 such that it is configured to rupture due to a pressure within the case given Wang teaches the configuration and technique is known in the prior art as detailed above, and functions to provide the predictable, advantageous result of allowing release of the pressure promptly from the battery such that it does not explode (P36, 44).
Gu2 teaches at least a portion (42) of the first current collecting plate 4 is disposed between the case 1 and the vent 3 along a radial direction of the secondary battery, so as to directly contact the case and the vent (P40-41; Figs. 5, 6).
Compact Prosecution:
Gu2 also teaches at least a portion (42) of the first current collecting plate 4 is disposed between the case 1 and the vent 3 along a radial direction of the secondary battery and directly contacts the case 1 and vent 3 (Figs. 5, 6).
Fig. 5 of Gu is reproduced below for convenience:
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Response to Arguments
24. The rejections have been updated to reflect the amendments provided on 7/28/2026, wherein the majority of claims are rejected thrice using either Cho et al. (US 2023/006289), Gu et al. (US 2025/0070404), or Gu et al. (US 2024/0266688) (“Gu2”) as a primary reference to demonstrate the amount of available prior art against the claims, and the different constructs that read thereon.
Before addressing the specific arguments below, it is noted that Gu2 as applied teaches the following with respect to claim 25 given the majority of the arguments are directed at these claimed features:
Gu2 teaches at least a portion (42) of the first current collecting plate 4 is disposed between the case 1 and the vent 3 along a radial direction of the secondary battery, so as to directly contact the case and the vent (at least Figs. 5, 6).
Compact Prosecution:
Gu2 also teaches at least a portion (42) of the first current collecting plate 4 is disposed between the case 1 and the vent 3 along a radial direction of the secondary battery and directly contacts the case 1 and vent 3 (Figs. 5, 6):
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Accordingly, even if Applicant’s arguments were held to persuasive (not conceded; addressed below), Gu2 anticipates all claimed subject matter argued within claim 25. Gu2 was cited in the first Non-Final Office Action mailed as pertinent prior art anticipating at least claim 1. Applicant is highly encouraged to review all prior art cited below in the conclusion section that also anticipates at least claim 1 when providing amendments.
As to the arguments presented on 7/28/2026, these are addressed below:
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In response: Figure 7 and Figure 12 of Gu in combination in view of the case law cited, as evidenced or in view of Wang, are relied upon to teach the combination of features as reflected in the updated rejection of record to meet claim 25.
Gu teaches at least a portion (242) of the first current collecting plate is disposed between the case 211 and the vent 23 along a radial direction of the secondary battery (best shown in Fig. 7), so as to directly contact the case 211 and the vent 23 (direct contact portions boxed below):
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It is noted that the claim does not limit the subject matter to: “…wherein at least a portion of the first current collecting plate is disposed between the case and the vent along the radial direction of the secondary battery and directly contacts the case and the vent.” The structure recited includes “at least a portion a portion (242) of the first current collecting plate is disposed between the case 211 and the vent 23 along a radial direction of the secondary battery (best shown in Fig. 7).” The “so as” feature is a result achieved, and it would appear that so long as the first current collecting plate directly contacts the case and the vent, all the structure that is explicitly required of the claim is met. It is noted that the narrower recitation (the underlined portions above) are addressed in at least two other rejections for compact prosecution purposes.
Applicant argues the feature of claim 25 with respect to the prior combination of Cho et al. (US 2023/006289) in view of at least Chai et al. (CN 113258124) to meet this feature which is reinstated above. Applicant argues that Cho’s plate remains perpendicular to the inner wall of the case and that Wang fails to remedy this deficiency. This is not persuasive because Wang was not relied on for the feature argued, rather, Cho in view Chai was outlined as providing the teaching, suggestion, and motivation to arrive at the configuration claimed (see rejection above).
Applicant then argues that Chai is not welded to the shell/case and the insulating member prevents the end cover 13 from contacting the shell/case. Applicant argues that Chai, a secondary reference, fails to teach the feature recited in claim 1. This is not persuasive and both of the arguments above amount to attacking references individually, wherein one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Circ. 1986); MPEP 707.07(f). From the In re Keller case law:
“Test of obviousness is not whether features of secondary reference may be bodily incorporated into primary reference's structure, nor whether claimed invention is expressly suggested in any one or all of references; rather, test is what combined teachings of references would have suggested to those of ordinary skill in art.”
The references relied upon, taken collectively, provide teaching, suggestion, and motivation to arrive at the claimed features.
Applicant argues:
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The updated rejection of record is reproduced below, wherein the directly contact feature of each of the case and the vent is met by the combination:
Cho teaches that at least a portion (see Fig. 3) of the first current collecting plate 140 is disposed between the case 120 and the vent; however, Cho fails to disclose at least a portion of the first current collecting plate 140 is disposed between the case 120 and the vent along a radial direction of the secondary battery, so as to directly contact the case and the vent.
In the same field of endeavor Chai teaches analogous art of a secondary battery including analogous constituents as claimed including at least a current collector plate 14 welded to the housing (“case”) and end cover 13 (“vent”) sealed to the housing (“case”) (page 4 of the translation), the end cover 13 (“vent”) provided with a pressure relief mechanism 16 (pages 4, 7, and 10). Chai teaches that the outer side surface of the end cover 13 (“vent”) is opposite to the inner side surface of the housing (“case”) with at least part of the current collector 14 located between the outer side surface of the end cover 13 (“vent”) along a radial direction of the secondary battery and the inner side surface of the housing (“case”), so as to directly intervene between the housing (“case”) and the end cover 13 (“vent”) such that the end cover 13 (“vent”) presses a part of the current collecting member 14 against the inner side surface of the housing (“case”) (page 2, first paragraph). Chai teaches that this configuration improves the firmness of the current collecting member connected to the housing (pages 2, second paragraph). The configuration specifically involves a current collector 14 having a first connecting part 141 and a second connecting part 142, the first connecting part 141 electrically connecting to the electrode assembly, and the second connecting part 142 achieves the above-described technical effect of being located between the outer side surface of the end cover 13 (“vent”) and the inner side surface of the housing (“case”) such that the end cover 13 (“vent”) presses a part of the current collecting member against the inner side surface of the housing to improve the firmness of the connection (pages 2, 12; Figs. 3-9).
Therefore, it would have been obvious to one having ordinary skill in the art at the effective filing date of the invention to configure the first current collecting plate 140 of Cho such that at least a portion thereof is disposed between the can 120 (“case”) and the cap plate 130 (“vent”) along a radial direction of the secondary battery given Chai teaches the technique and construct are known in the state of the prior art as detailed above, the application thereof to the secondary battery of Cho providing for the taught, predictable, and advantageous result of improving the firmness of the connection of these components (pages, 2, second paragraph; entire disclosure relied upon).
The above advantageous technique provides for the first current collecting plate 140 of Cho to have at least a portion disposed between the can 120 (“case”) and the cap plate 130 (“vent”) along a radial direction of the secondary battery, so as to directly contact the can 120 (“case”) and the cap plate 130 (“vent”) (i.e., no other constituents exist at these locations such that direct contact with each of these entities naturally flows from applying the taught technique of Chai to Cho).
For the avoidance of doubt as to the unpatentability of the feature with respect to Cho as a primary reference, Gu2 is also applied as a secondary reference instead of Chai to teach the claim 25 feature.
Conclusion
25. The prior art previously made of record considered pertinent to applicant's disclosure:
Prior art references that anticipate at least claim 1:
Huang et al. (CN 113346201)5;
Chi et al. (US 2024/0154268)6;
Fang et al. (US 2023/0198108);
Chai et al. (US 2025/0070403);
Su et al. (US 2024/0162558); and
Li et al. (US 2024/0047836).
26. Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMANDA J BARROW whose telephone number is (571)270-7867. The examiner can normally be reached Monday-Friday 9am - 6pm CST.
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, Ula Ruddock can be reached on (571) 272-1481. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/AMANDA J BARROW/Primary Examiner, Art Unit 1729
1 It is still examined below for compact prosecution purposes at to what the Examiner believes the intended feature is with respect to the elected Species 6d.
2 See Claim Analysis section in which a “vent” of the instant application is defined as a thin film structure through which current flows (P80) which is met by Gu (see also Figs. 12-13 in which notches are provided).
3 Cited in the Conclusion section of first Non-Final mailed 3/12/2025 as anticipatory against at least claim 1.
4 The court determined that the Wolff reference, in two separate embodiments pictured side by side in the patent, disclosed all of the limitations of claim 8. While Boston Scientific argued Wolff did not recognize the additional benefits of a topcoat that is substantially drug-free, the court held this was irrelevant to the obviousness analysis. The court held that one of ordinary skill in the art would have been motivated to combine the two embodiments in the side by side figures, stating "[c]ombining two embodiments disclosed adjacent to each other in a prior art patent does not require a leap of inventiveness."
5 Applied under 35 U.S.C. 102(a)(2) as anticipating at least claim 1 in the prior Non-Final mailed.
6 Applied under 35 U.S.C. 102(a)(2) as anticipating at least claim 1 in the prior Non-Final mailed.
Prosecution Insights