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 Objections
Claim 2 is objected to because of the following informalities: Language inconsistency.
Claim 2 recites: “…wherein the terminal body is formed of an insulating material, wherein the one of the positive or negative electrode terminals is electrically isolated from ambient elements.” Language consistency is recommended in order to avoid confusion.
For purposes of examination, examiner will interpret claim 2 as reciting: “…wherein the nonlinear terminal body is formed of an insulating material, wherein the one of the positive or negative electrode terminals is electrically isolated from ambient elements.”
Appropriate correction is required.
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 4-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites the limitation “The secondary battery of claim 3, wherein the side edges of the terminal structure and the stepped edges of the recessed surface are coupled by a dovetail structure.” There is no mention of side edges or stepped edges of the recessed surface previously in claim 3. Therefore, there is insufficient antecedent basis for this limitation in the claim.
For purposes of examination, examiner will interpret claim 4 as reciting: ““The secondary battery of claim 3, wherein side edges of the terminal structure and stepped edges of the recessed surface are coupled by a dovetail structure.”
Claim 5 recites: “The secondary battery of claim 4, wherein the sides of the terminal structure are configured to be slidably engaged with respect to the recessed surface.” This limitation is considered indefinite because it is unclear as to what applicant refers to. Is applicant referring to the side edges of the terminal structure as disclosed in claim 4 or is applicant referring to the side of the terminal structure of claim 1? If applicant is referring to the side of the terminal structure of claim 1, claim 1 discloses a side (as a single side of the terminal structure, while claim 5 discloses “the sides” (as multiple sides of the terminal structure), which makes the subject matter of claim 5 unclear.
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.
Claims 1-5 are rejected under 35 U.S.C. 103 as being unpatentable over Jang et al. (WO2019/050181A1, relied on machine translation, hereinafter Jang) in view of Kim, D. (US Pat. Pub. No. 2013/0273411, hereinafter Kim).
In regards to Claim 1, Jang discloses a secondary battery (#100) comprising:
positive and negative electrode terminals (#46 terminal post and terminal post spaced apart from terminal post #46) spaced apart on a first face (#20) of a hexahedral-shaped battery case (#26) (see figure 2 below and figures 3-4, and paragraphs [0050] and [0057]); and
a nonlinear terminal body (#40) contacting the first face (#20) of the battery case (#26) and a side of the battery case (#26) extending from the first face (#20) of the battery case (#26) while enclosing one of the positive or negative electrode terminals (#46) (see figure 1 and paragraph [0062]), and
a terminal structure (#42) including an extension terminal (terminal plate part extending from a side of the terminal structure and into the first face of the battery case) electrically connected to the one of the positive or negative electrode terminals (#46), the extension terminal exposed on a side of the terminal structure (#42) (see figure 1 below and paragraph [0062]).
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Jang fails to disclose wherein the side of the terminal structure is seated in a recessed surface formed in the side of the battery case.
However, Kim teaches a rechargeable battery, i.e. secondary battery, comprising positive and negative electrode terminals (#41, #42) spaced apart on a hexahedral-shaped battery case (#20), a nonlinear terminal body (#61, #62) contacting a first face (#30) of the battery case and a side (#21, #22) of the battery case (#20) extending from a first face (#30 cap plate) of the battery case while enclosing one of the positive and negative electrode terminals (#41, #42), a terminal structure including an extension terminal (#33) electrically connected to the one or more negative electrode terminals (#41, #42), the extension terminal (#33) exposed on a side (#31, #32) of the terminal structure, wherein the side (#31, #32) is seated in a recessed surface (#23, #24) formed in the side (#21, #22) of the battery case (#20). In a state in which an electrode assembly is inserted in the case (#20), the cap plate (#30) is coupled to the case (#20) at the opening and at the support recesses (#23, #24) of the lateral surfaces (#21, #22) to hermetically seal the accommodation space of the case (#20) (see figures 1-3, and paragraphs [0036], [0041] and [0042]-[0044]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the secondary battery as disclosed by Jang by further having the side of the terminal structure to be seated in a recessed surface formed in the side of the battery case, as claimed by the applicant, with a reasonable expectation of success, as Kim teaches a rechargeable battery, i.e. secondary battery, comprising positive and negative electrode terminals spaced apart on a hexahedral-shaped battery case, a nonlinear terminal body contacting a first face of the battery case and a side of the battery case extending from a first face of the battery case while enclosing one of the positive and negative electrode terminals, a terminal structure including an extension terminal electrically connected to the one or more negative electrode terminals, the extension terminal exposed on a side of the terminal structure, wherein the side is seated in a recessed surface formed in the side of the battery case, whereby in a state in which the electrode assembly is inserted in the case, the cap plate is coupled to the case at the opening and at the support recesses of the lateral surfaces to hermetically seal the accommodation space of the case (see figures 1-3, and paragraphs [0036], [0041] and [0042]-[0044]).
In regards to Claim 2, Jang discloses wherein the nonlinear terminal body (#40) is formed of an insulating material, wherein the one of the positive or negative electrode terminals (#46) is electrically isolated from ambient elements (see figures 1-4 and paragraphs [0062] and [0067]).
In regards to Claim 3, Jang, in view of Kim, discloses the secondary battery as recited in claim 1. Kim further teaches wherein the recessed surface (#23, #24) is formed in a shape corresponding to the side (#31, #32) of the terminal structure (see figure 3 and paragraphs [0042]-[0044]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the secondary battery as disclosed by Jang by further having the recessed surface to be formed in a shape corresponding to the side of the terminal structure, as claimed by the applicant, with a reasonable expectation of success, as Kim teaches a rechargeable battery, i.e. secondary battery, comprising positive and negative electrode terminals spaced apart on a hexahedral-shaped battery case, a nonlinear terminal body contacting a first face of the battery case and a side of the battery case extending from a first face of the battery case while enclosing one of the positive and negative electrode terminals, a terminal structure including an extension terminal electrically connected to the one or more negative electrode terminals, the extension terminal exposed on a side of the terminal structure, wherein the side is seated in a recessed surface formed in the side of the battery case, whereby in a state in which the electrode assembly is inserted in the case, the cap plate is coupled to the case at the opening and at the support recesses of the lateral surfaces to hermetically seal the accommodation space of the case (see figures 1-3, and paragraphs [0036], [0041] and [0042]-[0044]).
In regards to Claim 4, Jang, in view of Kim, discloses the secondary battery as recited in claim 3. Kim further teaches wherein side edges of the terminal structure and stepped edges of the recessed surface (#23, #24) are coupled to hermetically seal the accommodation space of the case (#20) (see figures 1 and 3, and paragraphs [0042]-[0044]).
Although Kim does not explicitly disclose these structure being coupled by a dovetail structure, changing a known coupling structure for another known coupling structure is a mere engineering design choice in order to obtain a desired end result, such as for improved sealing efficiency, as is considered prima facie obvious, absent evidence to the criticality or new or unexpected results. See MPEP 2144.04.
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the secondary battery as disclosed by Jang by further having side edges of the terminal structure and stepped edges of the recessed surface to be coupled by a dovetail structure, as claimed by the applicant, with a reasonable expectation of success, as Kim teaches a rechargeable battery, i.e. secondary battery, comprising positive and negative electrode terminals spaced apart on a hexahedral-shaped battery case, a nonlinear terminal body contacting a first face of the battery case and a side of the battery case extending from a first face of the battery case while enclosing one of the positive and negative electrode terminals, a terminal structure including an extension terminal electrically connected to the one or more negative electrode terminals, the extension terminal exposed on a side of the terminal structure, wherein the side is seated in a recessed surface formed in the side of the battery case, whereby in a state in which the electrode assembly is inserted in the case, the cap plate is coupled to the case at the opening and at the support recesses of the lateral surfaces to hermetically seal the accommodation space of the case (see figures 1-3, and paragraphs [0036], [0041] and [0042]-[0044]).
In regards to Claim 5, Jang, in view of Kim, discloses the secondary battery as recited in claim 4. Kim further teaches wherein the sides (#31, #32) of the terminal structure are configured to be slidably engaged with respect to the recessed surface (#23, #24) (see figures 1 and 3 and paragraphs [0042]-[0044]).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the secondary battery as disclosed by Jang by further having the sides of the terminal structure to be configured to be slidably engaged with respect to the recessed surface, as claimed by the applicant, with a reasonable expectation of success, as Kim teaches a rechargeable battery, i.e. secondary battery, comprising positive and negative electrode terminals spaced apart on a hexahedral-shaped battery case, a nonlinear terminal body contacting a first face of the battery case and a side of the battery case extending from a first face of the battery case while enclosing one of the positive and negative electrode terminals, a terminal structure including an extension terminal electrically connected to the one or more negative electrode terminals, the extension terminal exposed on a side of the terminal structure, wherein the side is seated in a recessed surface formed in the side of the battery case, whereby in a state in which the electrode assembly is inserted in the case, the cap plate is coupled to the case at the opening and at the support recesses of the lateral surfaces to hermetically seal the accommodation space of the case (see figures 1-3, and paragraphs [0036], [0041] and [0042]-[0044]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Jang, in view of Kim, and further in view of Kim et al. (US Pat. No. 12,620,654, with PCT publication date of March 24, 2022, hereinafter ‘654).
In regards to Claim 6, Jang, in view of Kim, discloses the secondary battery as recited in claim 1, but fails to disclose wherein opposing second and third faces of the battery case are formed with recessed beading parts, and edges of the first face of the terminal structure include protrusions configured to be inserted into the beading parts.
However, ‘654 teaches a secondary battery (#100) comprising a battery case having a having a nonlinear terminal body (#133) contacting a first face (#130) of the battery case and a side of the battery case (#114) extending from the first face of the battery case while enclosing one of the positive or negative electrode terminals (#154). The opposing second and third faces (lateral sides of the battery case) of the battery case (#114) are formed with recessed beading parts (#111), and edges of the first face (#130) of the terminal body (#133) include protrusions (#132) configured to be inserted into the beading parts (#111) (see figure 2 and column 4, line 30 to column 5, line 47).
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the secondary battery as disclosed by Jang, in view of Kim, by further having opposing second and third faces of the battery case are formed with recessed beading parts, and edges of the first face of the terminal structure include protrusions configured to be inserted into the beading parts, as claimed by the applicant, with a reasonable expectation of success, as ‘654 teaches a secondary battery comprising a battery case having a having a nonlinear terminal body contacting a first face of the battery case and a side of the battery case extending from the first face of the battery case while enclosing one of the positive or negative electrode terminals =m wherein opposing second and third faces (lateral sides of the battery case) of the battery case are formed with recessed beading parts, and edges of the first face of the terminal body include protrusions configured to be inserted into the beading parts, whereby the separation of the upper can and the lower may not easily occur (see figure 2 and column 4, line 30 to column 5, line 47).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Jang, in view of Kim and ‘654, and further in view of Mizuta et al. (US Pat. Pub. No. 2013/0330601, hereinafter Mizuta).
In regards to Claim 9, Jang, in view of Kim and ‘654, discloses the secondary battery as recited in claim 6, but fails to disclose wherein the beading parts contact a surface of an electrode assembly housed within the battery case.
However, Mizuta teaches a battery comprising a battery can (#1), a positive electrode (#15) disposed in the bottom of the battery can (#1), a battery sealing plate (#2), i.e. terminal structure, a negative electrode (#17) disposed so as to face the positive electrode, thereby forming an electrode assembly housed within the battery can (#1). The battery can (#1) comprises beading parts (#9) and the battery sealing plate (#2), i.e. terminal structure, comprises beading parts (#4 constricted portion) which are in contact with a surface of the negative electrode (#17) housing within the battery can (#1) (see figure 1 and paragraphs [0033] and [0035]). This is considered equivalent to wherein the beading parts contact a surface of an electrode assembly housed within the battery case, as claimed by the applicant.
It would have been obvious by one of ordinary skill in the art before the effective filing date of the applicant’s invention to modify the secondary battery as disclosed by Jang, in view of Kim and ‘654, by further having the beading parts to contact a surface of an electrode assembly housing within the battery case, as claimed by the applicant, with a reasonable expectation of success, as Mizuta teaches a battery comprising a battery can, a positive electrode disposed in the bottom of the battery can, a battery sealing plate, i.e. terminal structure, a negative electrode disposed so as to face the positive electrode, thereby forming an electrode assembly housed within the battery can, wherein the battery can further comprises beading parts and the battery sealing plate, i.e. terminal structure, comprises beading parts which are in contact with a surface of the negative electrode housing within the battery can, thereby efficiently securing the electrode assembly within the battery case (see figure 1 and paragraphs [0033] and [0035]).
Allowable Subject Matter
Claims 7-8 and 10-11 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JELITZA M PEREZ whose telephone number is (571)272-8139. The examiner can normally be reached Monday-Friday 9:00am-6:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Claire Wang can be reached at (571) 270-1051. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JELITZA M PEREZ/Primary Examiner, Art Unit 1774
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