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 § 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 6-7 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.
Claims 6 and 7 each recite “a first sealed portion in which surfaces of the exterior film facing each other are sealed” in respectively in lines 8-9 and lines 7-8, and recite “ the surfaces of the exterior film facing each other are sealed with the protrusion portion sandwiched therebetween” respectively in lines 14-15 and lines 15-16. However, it is unclear how surfaces of the exterior film facing each other can also have the protrusion portion sandwiched therebetween, as the protrusion portion between would mean that the surfaces are not facing each other. Clarification and/or amended is required.
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.
Claim(s) 1 and 3-5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Suzuki et al. (US 2006/0257730).
Regarding claim 1, Suzuki discloses a battery 10 including a battery casing 20 [outer packaging], a battery element 30 [electrode assembly], a lid member 40, and a pair of terminals 50 (abstract, [0018]). The battery casing 20 is formed of a laminate film 22 [exterior film] ([0020]), and has an opening and the battery element 30 is stowed in the inside ([0009]).
The lid member 40 is stowed in the opening and is adhered to an opening edge of the battery casing ([0009]). The lid member 40 has a base portion 43 and tab portions 44 ([0026], Figs 1 and 3). The lid member 40 hermetically seals the opening 21 in such a manner that a peripheral surface 41 [lid seal portion] of the lid member 40 is adhered to an opening edge 23 of the opening of the battery casing 20 ([0025]). The tab portions 44 [protrusion portions] are provided in two end portions of the base portion 43, and each extends along a first direction from the base portion 43 ([0027]).
Regarding claim 3, Suzuki discloses all of the claim limitations as set forth above. Suzuki teaches that a first sealing surface extending in a first direction in front view of the lid, a second seal surface extending in a second direction crossing the first direction in view of the lid, and the tab portions 44 [protrusion portions] being formed at a boundary between the first seal surface and a second seal surface (see annotated Fig 4 below);
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Regarding claim 4-5, Suzuki discloses all of the claim limitations as set forth above. Suzuki teaches that (claim 4) the tab portions 44 [protrusion portion] extends in the first direction or the second direction in view of the front view of the lid (see annotated Fig 4 below); and (claim 5) the tab portions 44 [protrusion portion] extends a third direction crossing the first direction and the second direction in front view of the lid (see annotated Fig 4 below).
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It is noted that as the edges of the lid member adjacent the tab portion 44 extends in directions that are not orthogonal with each other and at angles relative to the tab portion 44, with the tab portion extending outward, the tab portion extends with the horizontal component direction of the first and/or second direction; and therefore it is considered that the tab portion [protrusion portion] extends in the first or second direction.
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 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) 2 and 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (US 2006/0257730), as applied to claim 1 above, and further in view of Iizuka et al. (JP 2014/216307, see Applicant supplied machine translation).
Regarding claim 2, Suzuki discloses all of the claim limitations as set forth above. While Suzuki teaches that the lead end portion 44a of the tab portions are formed in a semicircular shape [and therefore the end is tapered] ([0032], Fig 4), wherein the protrusion portion is tapered with increasing distance from the lid seal portion.
Iizuka teaches a battery having a sealing member 1 wherein a cylindrical body 51 is joined with the sealing member to contain the electrodes (abstract, [0035], Figs 9 and 11-13). The sealing member has a frame 30 having recess 33 on a lateral side ([0064], Figs 10-13). The recess has a groove/semicircular shape ([0067], [0086]); and is therefore tapered. Iizuka teaches that by using a recess [of a groove/semicircular shape], no creases are formed in cylindrical body 51 ([0066]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the tapered shape of the recess of the sealing member/lid of Iizuka with the shape of the protrusion portion of Suzuki for the purpose of joining the battery casing without creases.
Regarding claim 8, modified Suzuki discloses all of the claim limitations as set forth above. Suzuki teaches that a first sealing surface extending in a first direction in front view of the lid, a second seal surface extending in a second direction crossing the first direction in view of the lid, and the tab portions 44 [protrusion portions] being formed at a boundary between the first seal surface and a second seal surface (see annotated Fig 4 below).
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Claim(s) 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (US 2006/0257730) in view of Fujiwara et al. (JP 08-329972, see Applicant supplied machine translation).
Regarding claims 6-7, Suzuki discloses a battery 10 including a battery casing 20 [outer packaging], a battery element 30 [electrode assembly], a lid member 40, and a pair of terminals 50 (abstract, [0018]). The battery casing 20 is formed of a laminate film 22 [exterior film] ([0020]), and has an opening and the battery element 30 is stowed in the inside ([0009]).
The lid member 40 is stowed in the opening and is adhered to an opening edge of the battery casing ([0009]). The lid member 40 has a base portion 43 and tab portions 44 ([0026], Figs 1 and 3). The lid member 40 hermetically seals the opening 21 in such a manner that a peripheral surface 41 [lid seal portion] of the lid member 40 is adhered to an opening edge 23 of the opening of the battery casing 20 ([0025]). The tab portions 44 [protrusion portions] are provided in two end portions of the base portion 43, and each extends along a first direction from the base portion 43 ([0027]).
A boundary portion 102 between a peripheral surface 43b of the base portion 43 and a peripheral surface 44b of the tab potion 44 is formed to be smoothly continuous from the base portion 43 to the tab portion 44 ([0035], Fig 4). As seen in Figs 1 and 3, the peripheral surface 43b has surfaces of the lid member 40 and battery casing 20 sealed [second sealed portion].
However, Suzuki does not explicitly disclose first sealed portions in which surfaces of the exterior film facing each other are sealed, and the in the first sealed portion, the surfaces of the exterior film facing each other are sealed within the protrusion portion sandwiched therebetween.
Fujiwara discloses a battery having side plates 1,2 [lids] and an electrode body where a laminate film 12 is wrapped around the electrode body and attached/sealed to stepped parts 1a,2a of the side plates 1,2 (abstract, [0012], [0022], Figs 1-3, 7-8). The start and end portions of the film 12 are wound and brought together to form a seal portion 12c [first sealed portion in which surfaces of the exterior film facing each other are sealed] ([0021]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the wrapping the laminate film around the electrode body and sealing start and end portions of the laminated film together as taught by Fujiwara with the laminate film of Suzuki for the purpose of having the laminate film sealed on the edge between lids. In addition, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to provide the sealing start and end portions at a tab portion 44 [protrusion portion] {thereby having the protrusion portion sandwiched with the first sealed portion} in order to have the start/end portions at the corners/end of the battery, as seen in Fujiwara Figure 3.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB BUCHANAN whose telephone number is (571)270-1186. The examiner can normally be reached M-F 8:00-5:00 PM (ET).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Buie-Hatcher can be reached at 571-270-3879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JACOB BUCHANAN/ Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/ Supervisory Patent Examiner, Art Unit 1725
