OFFICIAL CORRESPONDENCE
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Election/Restrictions
2. Restriction to one of the following inventions is required under 35 U.S.C. 121:
I. Claims 1-14, drawn to a cap assembly and lithium secondary battery comprising cap assembly, classified in H01M 50/553
II. Claim 15-20, drawn to a method of manufacturing a cap assembly, classified in H01M 50/564
The inventions are independent or distinct, each from the other because:
Inventions II and I are related as process of making and product made. The inventions are distinct if either or both of the following can be shown: (1) that the process as claimed can be used to make another and materially different product or (2) that the product as claimed can be made by another and materially different process (MPEP § 806.05(f)). In the instant case, that the product as claimed can be made by another and materially different process, namely pouring and casting followed by UV or heat curing.
Restriction for examination purposes as indicated is proper because all the inventions listed in this action are independent or distinct for the reasons given above and there would be a serious search and/or examination burden if restriction were not required because one or more of the following reasons apply:
(A) the inventions have acquired a separate status in the art in view of their different classification,
(B) the inventions have acquired a separate status in the art due to their recognized divergent subject matter, and
(C) the inventions require a different field of search, e.g. searching different classes/subclasses or electronic resources, or employing different search strategies or search queries.
Applicant is advised that the reply to this requirement to be complete must include (i) an election of an invention to be examined even though the requirement may be traversed (37 CFR 1.143) and (ii) identification of the claims encompassing the elected invention.
The election of an invention may be made with or without traverse. To reserve a right to petition, the election must be made with traverse. If the reply does not distinctly and specifically point out supposed errors in the restriction requirement, the election shall be treated as an election without traverse. Traversal must be presented at the time of election in order to be considered timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are added after the election, applicant must indicate which of these claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
A telephone call was made to Erin Austin on 31 August 2026 to request an oral election to the above restriction requirement; Erin Austin called on 03 September 2026 to select Group I, Claims 1-14. Claims 15-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
The examiner has required restriction between product or apparatus claims and process claims. Where applicant elects claims directed to the product/apparatus, and all product/apparatus claims are subsequently found allowable, withdrawn process claims that include all the limitations of the allowable product/apparatus claims should be considered for rejoinder. All claims directed to a nonelected process invention must include all the limitations of an allowable product/apparatus claim for that process invention to be rejoined.
In the event of rejoinder, the requirement for restriction between the product/apparatus claims and the rejoined process claims will be withdrawn, and the rejoined process claims will be fully examined for patentability in accordance with 37 CFR 1.104. Thus, to be allowable, the rejoined claims must meet all criteria for patentability including the requirements of 35 U.S.C. 101, 102, 103 and 112. Until all claims to the elected product/apparatus are found allowable, an otherwise proper restriction requirement between product/apparatus claims and process claims may be maintained. Withdrawn process claims that are not commensurate in scope with an allowable product/apparatus claim will not be rejoined. See MPEP § 821.04. Additionally, in order for rejoinder to occur, applicant is advised that the process claims should be amended during prosecution to require the limitations of the product/apparatus claims. Failure to do so may result in no rejoinder. Further, note that the prohibition against double patenting rejections of 35 U.S.C. 121 does not apply where the restriction requirement is withdrawn by the examiner before the patent issues. See MPEP § 804.01.
Status of Claims
Claims 1-20 are pending in the current application, claims 15-20 are withdrawn, and claims 1-14 are under consideration on the merits.
Examiner Note
It is noted that all references hereinafter to Applicant’s specification (“spec”) are to the published application US-2025-0239697-A1, unless stated otherwise. Further, any italicized text utilized hereinafter is to be interpreted as emphasis placed thereupon.
Information Disclosure Statement
The information disclosure statements (IDS) filed 07JUN2024 and 20FEB2025 are in compliance with 37 CFR 1.97 and have been considered.
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) 1-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by “Yukihiro” (JP-4244580-B2; “Yukihiro” a machine translation of which is provided and used as the citation copy).
Regarding Claims 1, 8, 9, and 12, Yukihiro in Embodiment X teaches a cap-shaped terminal plate (cap assembly) with a sealing plate with a convex portion at the center and provided with a vent hole on the upper surface or the side surface, disposed below the cap-shaped terminal plate (upper conductive plate). Yukihiro teaches a PTC element having a vent hole in the center, a dish plate connected to one electrode of the power generation element and having a vent hole in the center part (lower conductive plate) [0019].
Yukihiro teaches that the PTC element is electrically connected to the cap-shaped terminal plate and the dish plate by conductive adhesive [0014] (upper resin layer).
Yukihiro teaches the PTC element (lower conductive plate) has a structure in which a thin metal plate is integrated on the front and back surfaces of a conductive polymer material (the back forming the lower resin layer) [0021].
To summarize Embodiment X:
Cap-Shaped Terminal Plate = Upper Conductive Plate
Conductive Adhesive Between Cap-Shaped Terminal Plate and PTC = Upper Resin Layer (Conductive Resin) [0014]
PTC = Lower Conductive Plate
Conductive Polymer Material Backing = Lower Resin Layer
In an alternate embodiment, Embodiment Y, Yukihiro further teaches an adhesive resin layer (upper resin layer) formed on the surface in contact with the dish plate and the PTC element and integrating them - disposed between the dish plate and the PTC element. Yukihiro teaches that the adhesive layer is required to have excellent adhesion to the metal and the resin that forms the laminate layer [0030-0031].
To summarize Embodiment Y:
Dish Plate = Upper Conductive Plate
Adhesive Resin Layer = Upper Resin Layer (Electrode Insulating Resin – [0031])
PTC Element = Lower Conductive Plate
Conductive Adhesive Between Cap-Shaped Terminal Plate and PTC = Lower Resin Layer [0014]
As a result of paragraphs 21 and 23 above, Yukihiro teaches a pair of conductive plates and a pair of resin layers alternating with the pair of conductive plates in both Embodiment X and Embodiment Y of Yukihiro. Please refer to Fig. 1 of Yukihiro below for a depiction of all layers.
Yukihiro teaches a sealed battery composed of a positive electrode, a negative electrode and a separator (a positive electrode plate, a negative electrode plate, and a separator film in an electrode assembly) housed in a battery case (can comprising a receiving space in which the electrode assembly is received) that serves as either a positive or negative terminal ([0003], [0010]). The opening of the battery case (at least one end of the battery can being open) is closed with a sealing plate that forms a terminal of the other electrode [0010] (at least one electrode terminal configured to close the open end of the battery can to seal the receiving space). Yukihiro teaches the elements constituting the sealing plate are electrically connected [0011], and the cap-shaped terminal board is connected to one electrode of the power generating element [0010] (the at least one electrode terminal being electrically connected to the electrode assembly).
[AltContent: textbox (Recesses)]
[AltContent: arrow][AltContent: arrow][AltContent: arrow][AltContent: textbox (1 – Terminal Board
2 – Gas Vent Hole
3 – Convex Part
4 – PTC Element
5 – Welding Part
6 – Safety Valve Membrane
7 – Dish Board
8 – Insulation Packing
9 – Lead Board)]
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[AltContent: oval][AltContent: oval][AltContent: oval]
Fig. 1, duplicated from Page 17 of Yukihiro
Regarding Claim 2, Yukihiro in Embodiment X above teaches that each of the lower conductive plate and the upper conductive plate comprise recesses on a surface thereof (please refer to the annotated Fig. 1 of Yukihiro above). Yukihiro further teaches a method using a conductive adhesive for welding the elements constituting the sealing plate ([0028], [0032]). Yukihiro teaches that the PTC element is electrically connected to the cap-shaped terminal plate and the plate by conductive adhesive ([0014] and please see Fig. 1 of Yukihiro above) (the lower conductive plate is fused to the lower resin layer and the upper conductive plate is fused to the upper resin layer).
Regarding Claims 3-4 and 10, Yukihiro in Embodiment X above teaches the PTC element is electrically connected to the cap-shaped terminal plate and the plate by conductive adhesive (a conductive resin) [0014]. In addition, Yukihiro teaches the cap assembly of Yukihiro may apply to a positive or negative terminal [0010] (the upper conductive plate is provided as a positive electrode terminal). Yukihiro teaches the elements constituting the sealing plate are electrically connected [0011], and the cap-shaped terminal board is connected to one electrode of the power generating element [0010] (the at least one electrode terminal being electrically connected to the electrode assembly).
Regarding Claims 5-6 and 13, Yukihiro in Embodiment Y above teaches the safety valve membrane is manufactured by forming an adhesive layer on the surface in contact with the dish plate and the PTC element and integrating them ([0031] and please refer to Fig. 1 of Yukihiro above).
Yukihiro teaches a two-component mixed epoxy resin, an acrylic hot melt adhesive (an electrical insulator – see [0013] – the safety valve membrane does not have conductivity) for forming the adhesive layer (the upper resin layer) [0031].
In addition, Yukihiro teaches the cap assembly of Yukihiro may apply to a positive or negative terminal [0010] (the upper conductive plate is provided as a negative electrode terminal).
Finally, Yukihiro teaches that when the temperature in the battery rises, the resistance value of the PTC element increases and functions as an insulator so that no more current from the cap-shaped terminal plate into the battery [0005].
Regarding Claims 7, 11 and 14, Yukihiro in Embodiment X teaches a safety valve membrane (gasket) that covers at least a portion of an inner surface of the central vent hole (electrode hole) that extends through the lower resin layer, the lower conductive plate, the upper resin layer, and the upper conductive plate (please refer to Fig. 1 of Yukihiro above and [0021]).
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
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JP-H06215747-A to Ito Z. teaches a cap-shaped external terminal plate wherein an acrylic resin is between the inner terminal plate 3 and the lead mounting cover plate 4 (sixth full paragraph of Page 12 and Fig. 1 of Ito below)
[AltContent: textbox (2 – Insulating Ring
3 – Inner Terminal Plate
3a – Vent Hole
4 – Lead Mounting Lid Plate
5 – External Terminal Plate
6 – Insulation Gasket)]
Fig. 1 of Ito, duplicated from Page 1 of 33 of Ito
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to WILLIAM FADDOUL SAVAGE whose telephone number is (571)270-0315. The examiner can normally be reached 8a.m.-5p.m..
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, Aaron Austin can be reached at 571-272-8935. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/WILLIAM FADDOUL SAVAGE/
Examiner, Art Unit 1782
/ANTHONY J FROST/Primary Examiner, Art Unit 1782
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