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 13 and 14 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 13 recites the limitation "the at least one second recess." There is insufficient antecedent basis for this limitation in the claim, as the claims upon which it depends (claims 1 and 12) do not introduce this structure. Claim 11 has limitations similar to Claim 12 and depends upon claims that do introduce “an at least one second recess,” claims 9 and 10. Thus, the examiner will interpret Claim 13 as “The battery according to claim 11,”.
Claim 14 recites the limitation "the first recess." There is insufficient antecedent basis for this limitation in the claim, as the claims upon which it depends (claims 1, 9, 10, and 11) do not introduce this structure. Claim 14 depends directly on Claim 11; unlike Claim 13 above, Claim 14 does not have an alternative claim it could reasonably depend on that has introduced “a first recess.” Thus, the examiner will replace “the first recess” with simply “a recess” in Claim 14 and interpret as, “The battery according to claim 11, wherein an elastic connecting portion is disposed on the first current collecting plate; along a second direction perpendicular to the first direction, the connecting portion is located between a recess of the first current collecting plate and the housing; and, along the first direction, the connecting portion abuts against one side of the first insulation spacer facing towards the electrode assembly.”
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US-20100159308-A1, in IDS).
Regarding Claim 1, Kim teaches a battery (Fig. 1; “Secondary Battery,” Title), comprising: a housing (“case housing the electrode assembly in the inner cavity,” paragraph 19), wherein the housing comprises a body portion and a top cover assembly connected to the body portion (“a cap assembly coupled to the case for sealing the case,” paragraph 19), and the body portion comprises a bottom wall at an end opposite from the top cover assembly (“bottom 23 of the case 20,” paragraph 55; 23 in Fig. 1);
an electrode assembly, wherein the electrode assembly is disposed in the housing (“case housing the electrode assembly in the inner cavity,” paragraph 19), the electrode assembly comprises a first electrode plate, a second electrode plate, and a separator layer located between the first electrode plate and the second electrode plate (“electrode assembly including a positive electrode, a separator, and a negative electrode,” paragraph 7; 11, 12, and 13 in Fig. 1), and the first electrode plate comprises a first blank foil region uncoated with an active material (“the non-coating portions 11b and 13b do not have an active material applied thereto,” paragraph 46; 11b and 13b in Fig. 1);
a first current collecting plate, wherein the first current collecting plate is disposed in the housing (50 in Fig. 1), and one side of the first current collecting plate is electrically connected to the first blank foil region (“The negative current collecting plate 50 is connected to a non-coating portion 13b of the negative electrode 13 on one side,” paragraph 55); and
an explosion-proof valve, wherein the explosion-proof valve is disposed on the bottom wall (CID in Figs. 4-6), the explosion-proof valve comprises a flipping fin; the flipping fin is connected to one side, away from the first blank foil region, of the first current collecting plate, and the flipping fin is configured to be flippable with respect to the first current collecting plate so as to disconnect the flipping fin from the first current collecting plate (Fig. 6 shows the CID disconnects in the center with two flipping fins, each configured to flip open and disconnect the flipping fin from the first current collecting plate 50).
Regarding Claim 15, Kim teaches the battery according to claim 1, wherein the bottom wall and the explosion-proof valve are formed in one piece (CID and 23 are shown to be formed as a single piece in Figs. 4-5).
Regarding Claim 16, Kim teaches the battery according to claim 1, wherein the second electrode plate comprises a second blank foil region uncoated with an active material (11b in Fig. 1); and the top cover assembly comprises a second current collecting plate, the second current collecting plate is electrically connected to the second blank foil region (“The positive current collecting plate 40 is connected to the non-coating portion 11b of the positive electrode 11 at the cap assembly 30 side to connect the positive electrode 11 to the cap assembly 30,” paragraph 49).
Regarding Claim 17, Kim teaches the battery according to claim 16, wherein the top cover assembly further comprises: an electrode post structure, wherein the electrode post structure is connected to one side of the second current collecting plate facing away from the second electrode plate; and a top cover, wherein the top cover is connected to one side of the electrode post structure facing away from the second current collecting plate (“sub-plate 33 is installed inside the cap plate 32 and connected to the electrode assembly 10. That is, the sub-plate 33 is electrically connected to the positive current collecting plate 40 through a connection member 35,” paragraph 52; 33 in Fig. 1).
Regarding Claim 18, Kim teaches the battery according to claim 17, wherein the top cover assembly further comprises: an adhesive-sealant layer, wherein the adhesive-sealant layer is located between the electrode post structure and the top cover, and the electrode post structure is connected to the top cover by the adhesive-sealant layer (“cap assembly 30 is coupled with the open end of the case 20 through a gasket 31 configured to seal the case 20,” paragraph 48; 31 in Fig. 1); and a second insulation spacer, wherein the second insulation spacer is a ring structure with a hollow region inside; the second insulation spacer is disposed on one side of the second current collecting plate facing away from the top cover (“An insulating member 36 is provided on the positive current collecting plate 40. The insulating member 36 covers the periphery of the positive current collecting plate 40 below a beading portion 21,” paragraph 53; 36 in Fig. 1 is shown to be a ring structure with a hollow region inside); and, viewed along a first direction perpendicular to the bottom wall, the electrode post structure is located inside the hollow region of the second insulation spacer (Fig. 1 shows the electrode post structure 33 is located inside that hollow region when viewed along that first direction).
Regarding Claim 19, Kim teaches the battery according to claim 1, wherein the electrode assembly has an axially wound jelly-roll structure or a stacked structure (“the cylindrical shape of the spirally wound electrode assembly 10,” paragraph 45).
Regarding Claim 20, Kim teaches an electrical device, wherein the electrical device comprises the battery according to claim 1 (“secondary battery includes unit batteries, and is mainly used for small portable electronic devices,” paragraph 6, indicating Kim is disclosing the battery for use in an electronic device).
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 2-7 are rejected under 35 U.S.C. 103 as being obvious over Kim.
Regarding Claim 2, Kim teaches the battery according to claim 1, wherein the first current collecting plate comprises a first region connected to the flipping fin (CP in Figs. 4 and 5), a first notch is created on one side close to the electrode assembly, of the explosion-proof valve (242/243 in Figs. 7 and 8); and, along a first direction perpendicular to the bottom wall, a projection of the first notch at least partially falls within a projection of the first region (Figs. 7 and 8 show that 242/243 falls within a projection of the first region CP).
Kim places the notch on the explosion-proof valve rather than the current collecting plate (but at the region where both components are in contact, just as in the instant application). However, Kim teaches that the purpose is to weaken the mechanical connection to the first current collecting plate and more easily open in case of rupturing pressure (“The end plate may be configured to rupture away from the inner cavity at the central notches when the internal pressure in the case is greater than a rupturing pressure,” paragraph 26; “The notch 24 prevents explosion more effectively since it is cut away upon an additional increase of the internal pressure of the case 20 in a state where current is interrupted by the disconnection of the connection portion CP,” paragraph 66). This is the same purpose the instant application discloses for placing the notch on the first current collecting plate (paragraph 8 of instant application).
It would have been obvious to a person having ordinary skill in the art before the effective filing date to take the battery and first notch taught by Kim and place the first notch on the first current collecting plate instead of the explosion-proof valve with the reasonable expectation of success that it would still weaken their mechanical connection to one another.
Regarding Claim 3, modified Kim teaches the battery according to claim 2, wherein Kim further teaches a first recess is created on the first current collecting plate on one side close to the electrode assembly, the first notch is located inside the first recess; and one side of the first recess facing away from the electrode assembly, is connected to the flipping fin (CP in Fig. 4).
Regarding Claim 4, modified Kim teaches the battery according to claim 3, wherein a second notch is provided on one side of the flipping fin facing away from the electrode assembly (241 in Figs. 4, 5, and 8).
Regarding Claim 5, modified Kim teaches the battery according to claim 2, wherein a second notch is provided on one side of the flipping fin facing away from the electrode assembly (241 in Figs. 4, 5, and 8).
Regarding Claim 6, modified Kim teaches the battery according to claim 4, wherein the second notch is arc-shaped (241 in Fig. 8 is shown to be arc-shaped).
Regarding Claim 7, modified Kim teaches the battery according to claim 2, wherein the first notch is arc-shaped (243 in Figs. 7 and 8 is shown to be arc-shaped).
Claims 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Chen et al. (US-20210359379-A1), hereafter referred to as Chen.
Regarding Claim 8, modified Kim teaches the battery according to claim 6, wherein the housing comprises a centerline extending along the first direction perpendicular to the bottom wall (14 in Fig. 1). Kim does not teach that, when viewed along the first direction, the first current collecting plate comprises at least one second recess recessed toward the centerline. However, Chen teaches a cylindrical battery with a housing with a centerline extending along the first direction perpendicular to the bottom wall (131b in Fig. 10) and a current collecting plate (13/131 in Fig. 10). Therein, Chen teaches that the current collecting plate have at least one second recess (131e/13e in Figs. 5, 10, and 19). Chen teaches that the benefit of the second recess is to allow injected electrolyte to more infiltrate the battery interior (“the part between the first end face 131e and the crease 131c no longer shields the end face of the electrode assembly 2, such that the infiltration speed of the electrolyte is accelerated, and the infiltration efficiency of the battery 10 is improved,” paragraph 92; “the third notch 13e is concave along the direction from the second end face 131f to the first end face 131e. This setting has the following advantages: on the one hand, for the first end cover assembly, shielding to the end face of the electrode assembly 2 by the first connection portion 131 is reduced, thereby the infiltration efficiency being improved,” paragraph 113; “The process in which electrolyte enters an electrode assembly is called an infiltration process, and the speed at which the electrolyte enters an electrode assembly is called infiltration efficiency,” paragraph 62).
The examiner notes that, even though an injection hole is not yet introduced in this claim or the claims it depends on, the instant application’s only disclosed purpose of the second recess is to better accommodate an injection hole, the purpose also taught by Chen (“The second recess allows rapid infiltration and penetration of the electrolyte solution into the electrode assembly,” paragraph 12 of instant application’s Specification). Though Kim does not teach an injection hole, including one on the bottom wall would be obvious based on the teachings of Chen, as discussed in the rejections for Claims 11 and 12 below where an injection-hole limitation is explicitly introduced.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to take the battery taught by Kim and modify to include a second recess on the first current collector plate in order to better accommodate an injection hole located on the bottom wall, as taught by Chen (see rejections for Claims 11 and 12 for discussion on modifying Kim’s battery to include an injection hole in the bottom wall).
Regarding Claim 9, Kim teaches the battery according to claim 1, wherein the housing comprises a centerline extending along the first direction perpendicular to the bottom wall (14 in Fig. 1). Kim does not teach that, when viewed along the first direction, the first current collecting plate comprises at least one second recess recessed toward the centerline. However, Chen teaches a cylindrical battery with a housing with a centerline extending along the first direction perpendicular to the bottom wall (131b in Fig. 10) and a current collecting plate (13/131 in Fig. 10). Therein, Chen teaches that the current collecting plate have at least one second recess (131e/13e in Figs. 5, 10, and 19). Chen teaches that the benefit of the second recess is to allow injected electrolyte to more infiltrate the battery interior (“the part between the first end face 131e and the crease 131c no longer shields the end face of the electrode assembly 2, such that the infiltration speed of the electrolyte is accelerated, and the infiltration efficiency of the battery 10 is improved,” paragraph 92; “the third notch 13e is concave along the direction from the second end face 131f to the first end face 131e. This setting has the following advantages: on the one hand, for the first end cover assembly, shielding to the end face of the electrode assembly 2 by the first connection portion 131 is reduced, thereby the infiltration efficiency being improved,” paragraph 113; “The process in which electrolyte enters an electrode assembly is called an infiltration process, and the speed at which the electrolyte enters an electrode assembly is called infiltration efficiency,” paragraph 62).
The examiner notes that, even though an injection hole is not yet introduced in this claim or the claims it depends on, the instant application’s only disclosed purpose of the second recess is to better accommodate an injection hole, the purpose also taught by Chen (“The second recess allows rapid infiltration and penetration of the electrolyte solution into the electrode assembly,” paragraph 12 of instant application’s Specification). Though Kim does not teach an injection hole, including one on the bottom wall would be obvious based on the teachings of Chen, as discussed in the rejections for Claims 11 and 12 below.
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to take the battery taught by Kim and modify to include a second recess on the first current collector plate in order to better accommodate an injection hole located on the bottom wall, as taught by Chen (see rejections for Claims 11 and 12 for discussion on modifying Kim’s battery to include an injection hole in the bottom wall).
Regarding Claim 10, Kim modified by Chen teaches the battery according to claim 9, wherein Kim further teaches that the battery further comprises a first insulation spacer, and the first insulation spacer is a ring structure with a hollow region inside (60 in Fig. 1 is shown to be a ring structure with a hollow region inside); along the first direction, the first insulation spacer is disposed between the first current collecting plate and the explosion-proof valve (“an insulator 60 is interposed between the negative current collecting plate 50 and a bottom 23 of the case 20,” paragraph 55); and, viewed along the first direction, the flipping fin is located inside the hollow region of the first insulation spacer (Fig. 1 shows that the CID, and thus its flipping fins, can be seen inside the hollow region when viewed along the first direction).
Regarding Claim 11, Kim modified by Chen teaches the battery according to claim 10, wherein Chen further teaches an injection hole is provided on both the bottom wall and the first insulation spacer, and the injection hole on the bottom wall communicates with the injection hole on the first insulation spacer (“the injection hole 11b may be arranged on the end cover 11 of the second end cover assembly, and the vent 18 is arranged on the end cover 11 of the first end cover assembly,” paragraph 83, indicating Chen teaches the battery’s design can be rearranged to accommodate the injection hole being located on the bottom wall instead; “matching hole 151c,” paragraph 140; 11b and 151c in Fig. 6); and the battery further comprises a sealing element (141 in Fig. 5), and the sealing element is detachably disposed inside the injection hole (“the hole plug 141 extends into the injection hole 11b,” paragraph 134). Chen teaches that the purpose of the injection is to inject electrolyte (“the injection hole is configured to allow electrolyte to be injected,” paragraph 17), and the sealing element is intended to seal the hole and prevent leakage (“After injection, the hole plug 141 is inserted into the injection hole 11b to prevent the injected electrolyte from flowing out from the injection hole 11b, which results in leakage,” paragraph 134).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take the battery taught by Kim, modified by Chen, and further modify to include an injection hole in the bottom wall and first insulation spacer and sealing element in order to respectively inject electrolyte and prevent subsequent electrolyte leakage, as taught by Chen.
Regarding Claim 12, Kim modified by Chen teaches the battery according to claim 1, wherein Chen further teaches an injection hole is provided on the bottom wall (11b in Fig. 6; “the injection hole 11b may be arranged on the end cover 11 of the second end cover assembly, and the vent 18 is arranged on the end cover 11 of the first end cover assembly,” paragraph 83, indicating Chen teaches the battery’s design can be rearranged to accommodate the injection hole being located on the bottom wall instead), where the battery further comprises a sealing element (141 in Fig. 5), and the sealing element is detachably disposed inside the injection hole (“the hole plug 141 extends into the injection hole 11b,” paragraph 134). Chen teaches that the purpose of the injection is to inject electrolyte (“the injection hole is configured to allow electrolyte to be injected,” paragraph 17), and the sealing element is intended to seal the hole and prevent leakage (“After injection, the hole plug 141 is inserted into the injection hole 11b to prevent the injected electrolyte from flowing out from the injection hole 11b, which results in leakage,” paragraph 134).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take the battery taught by Kim, modified by Chen, and further modify to include an injection hole and sealing element in order to respectively inject electrolyte and prevent subsequent electrolyte leakage, as taught by Chen.
Regarding Claim 13, Kim modified by Chen teaches the battery according to claim 11, wherein Chen further teaches that along the first direction, a projection of the injection hole (141 in Fig. 5) lies inside a projection of the at least one second recess (131e in Fig. 5).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Kim in view of Chen and in further view of Miyahisa, et al. (US-20050147878-A1), hereafter referred to as Miyahisa.
Regarding Claim 14, Kim modified by Chen teaches the battery according to claim 11, but not wherein an elastic connecting portion is disposed on the first current collecting plate; along a second direction perpendicular to the first direction, the connecting portion is located between a recess in the first current collecting plate and the housing; and, along the first direction, the connecting portion abuts against one side of the first insulation spacer facing towards the electrode assembly. However, Miyahisa teaches a cylindrical battery with a current collecting plate disposed in the housing near the bottom wall of the housing. Therein, Miyahisa teaches an elastic connecting portion disposed on the first current collecting plate (“Between the negative collector 9 and the bottom of the battery case 1 is inserted an elastic electric conductor 10 that is formed by a ring of foamed metal,” paragraph 59; 10 in Fig. 1); along a second direction perpendicular to the first direction, the connecting portion is located between a recess in the first current collecting plate and the housing (10 in Fig. 1); and, along the first direction, the connecting portion abuts against one side of the first insulation spacer facing towards the electrode assembly (though Miyahisa does not teach a first insulation spacer, the elastic connecting portion taught by Miyahisa would abut against a side of the first insulation spacer facing towards the electrode assembly when implemented into Kim’s battery). Miyahisa teaches the benefit of the elastic connecting member is to contribute to vibration and impact resistance (“This elastic electric conductor 10 absorbs variations in height of the electrode plate group 2 and contributes to vibration resistance and impact resistance of the battery,” paragraph 59). This is the same benefit disclosed by the instant application (“When the battery vibrates, the connecting portion 35 serves functions of cushioning and shock resistance,” paragraph 63 of instant application’s Specification).
It would have been obvious to a person having ordinary skill in the art before the effective filing date of the invention to take the battery taught by Kim, modified by Chen, and further modify to include an elastic connecting portion on the first current collecting plate in order to improve vibration and impact resistance, as taught by Miyahasa.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JORDAN P WILKERSON whose telephone number is (571)270-1891. The examiner can normally be reached Monday-Friday 8:00am-4:30pm.
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/JORDAN P WILKERSON/Examiner, Art Unit 1783
/MARIA V EWALD/Supervisory Patent Examiner, Art Unit 1783
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