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 § 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 11, 13, 15-22 and 24-27 are rejected under 35 U.S.C. 103 as being unpatentable over Xu (CN 203423230 as cited within the IDS 7/16/2024), and further in view of Oda (US 2022/0123295).
As to claim 11, Xu discloses a button battery (abstract, figure 1), comprising:
a housing formed of an anode can and a cathode cap (figure 1 #1, #2 and/or #5 can be considered part of the housing; page 1), the anode can being positioned on a first side of the housing (figure 1 #1, page 1), and the cathode cap being positioned on a second side of the housing opposite the first side (figure 1 #2, page 1), wherein the housing is cylindrical-shaped and has a peripheral side wall (figure 1, page 1); and
a plurality of protrusions extending from the peripheral side wall proximate one of the first side and the second side, the plurality of protrusions extending beyond a periphery of the housing (figure 1 #5, page 1).
Xu is different between the instant claimed invention in that the anode is the can and the cathode is the cap. Oda discloses a coin type battery ([0033], figure 4) wherein the cathode is the can and the anode is the cap (figure 4 #12a and #12b, [0171]-[0174]). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to interchange the anode and the cathode as a mere rearrangement of parts and as a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2144.04 and 2143 I).
As to claim 13, modified Xu discloses wherein, the plurality of protrusions extend around an outside periphery of the housing (figure 1 #5, page 1).
As to claim 15, modified Xu discloses wherein, the anode cap has a diameter smaller than the cathode can (figure 4, Oda).
As to claim 16, modified Xu discloses further comprising a separator located between the anode cap and the cathode can that provides insulation (figure 4 #12 c, Oda and figure 1 #3 Xu).
As to claim 17, modified Xu is silent to wherein, each of the plurality of protrusions are triangular-shaped. However, it would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to modify the shape of the protrusions as a mere change in shape (see MPEP 2144.04).
As to claim 18, modified Xu discloses wherein, each of the plurality of protrusions are formed integral with a material of the cathode can (the aluminum ring can be considered part of the cathode can thus the protrusions are integral, figure 1, Xu).
As to claim 19, modified Xu discloses wherein, each of the plurality of protrusions are formed as a cut out of a thin strip of metal (figure 1, Xu, the protrusions are ring shaped and can be formed as a cut out thin strip of metal also see product by process limitations MPEP 2113).
As to claim 20, modified Xu discloses wherein, the plurality of protrusions are offset from a plane of a top surface of the housing by 45 degrees or 90 degrees (figure 1, Xu).
As to claim 21, modified Xu discloses further comprising a gasket detachably attachable to the housing, the plurality of protrusions being integral with the gasket (figure 1, the ring can be considered a gasket or part of the cathode can thus if it is a gasket then the claim limitation is meet).
As to claim 22, Xu discloses a battery (figure 1, page 1), comprising:
a flat, round-shaped housing formed of an anode can and a cathode cap (figure 1 #1, #2, and/or #5 page 1), the anode can being positioned on a first side of the housing, and the cathode cap being positioned on a second side of the housing opposite the first side, wherein the housing is cylindrical-shaped and has a peripheral side wall (figure 1 #1, #2, and/or #5, page 1); and
a plurality of protrusions extending from the peripheral side wall proximate one of the first side and the second side, the plurality of protrusions extending beyond a periphery of the housing (figure 1 #5, the fin portions, page 1).
Xu is different between the instant claimed invention in that the anode is the can and the cathode is the cap. Oda discloses a coin type battery ([0033], figure 4) wherein the cathode is the can and the anode is the cap (figure 4 #12a and #12b, [0171]-[0174]). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to interchange the anode and the cathode as a mere rearrangement of parts and as a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2144.04 and 2143 I).
As to claim 24, modified Xu discloses wherein, the anode cap has a diameter smaller than the cathode can (figure 4, Oda), and the battery further comprises a separator located between the anode cap and the cathode can that provides insulation (figure 4 #12 c, Oda and figure 1 #3 Xu).
As to claim 25, modified Xu discloses wherein, each of the plurality of protrusions are triangular-shaped. However, it would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to modify the shape of the protrusions as a mere change in shape (see MPEP 2144.04).
As to claim 26, modified Xu discloses wherein, each of the plurality of protrusions are formed integral with a material of the cathode can (figure 1 #5 the side wall can be considered part of the cathode can and thus the fins would be considered integral with the cathode can, page 1).
As to claim 27, modified Xu discloses wherein, the plurality of protrusions are offset from a plane of a top surface of the battery by 45 degrees or 90 degrees (figure 1, Xu).
Claims 12, 14 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over modified Xu as applied to claims 11 and 23 above, and further in view of Hsu (US 20120156540).
As to claim 12, modified Xu is silent to wherein, the plurality of protrusions are in a common plane with a top surface or a bottom surface of the housing. Hsu discloses a battery (abstract) wherein, the permitter of the battery has fins (figure 2 #131) and the fins are a plurality of protrusions (figure 2-7). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to have the fins of Xu have the shapes of Hsu as a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2143). Thus, one fin in Xu would have the plurality of protrusions and would be in the required plane.
As to claim 14, modified Xu discloses wherein, the plurality of protrusions extend around an outside periphery of the housing (figure 1, Xu as modified above)
As to claim 23, modified Xu discloses wherein, the plurality of protrusions extend around an outside periphery of the housing (figure 1). Xu is silent to wherein, the plurality of protrusions are in a common plane with a top surface or a bottom surface of the housing. Hsu discloses a battery (abstract) wherein, the permitter of the battery has fins (figure 2 #131) and the fins are a plurality of protrusions (figure 2-7). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to have the fins of Xu have the shapes of Hsu as a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2143). Thus, one fin in Xu would have the plurality of protrusions and would be in the required plane.
Claims 28-30 are rejected under 35 U.S.C. 103 as being unpatentable over Alain (US 2017/0346051), and further in view of Xu (CN 203423230 as cited within the IDS 7/16/2024), and Oda (US 2022/0123295).
As to claim 28, Alain discloses an electronic device (figure 1 #100, discussed throughout), comprising:
a button battery (figure 1 #104, discussed throughout), comprising:
an electronic device housing configured to accommodate the button battery (figure 1 and discussed throughout)
Alain is silent to a housing formed of an anode cap and a cathode can, the anode cap being positioned on a first side of the housing, and the cathode can being positioned on a second side of the housing opposite the first side, wherein the housing is cylindrical-shaped and has a peripheral side wall; and a plurality of protrusions extending from the peripheral side wall proximate one of the first side and the second side, the plurality of protrusions extending beyond a periphery of the housing; and the plurality of protrusions thereof.
Xu discloses a button battery (abstract, figure 1), comprising: a housing formed of an anode can and a cathode cap (figure 1 #1, #2 and/or #5 can be considered part of the housing; page 1), the anode can being positioned on a first side of the housing (figure 1 #1, page 1), and the cathode cap being positioned on a second side of the housing opposite the first side (figure 1 #2, page 1), wherein the housing is cylindrical-shaped and has a peripheral side wall (figure 1, page 1); and a plurality of protrusions extending from the peripheral side wall proximate one of the first side and the second side, the plurality of protrusions extending beyond a periphery of the housing (figure 1 #5, page 1).
It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to use the battery from Xu within Alain because the battery is able to maintain a low working temperature (page 1).
Modified Alain is different between the instant claimed invention in that the anode is the can and the cathode is the cap. Oda discloses a coin type battery ([0033], figure 4) wherein the cathode is the can and the anode is the cap (figure 4 #12a and #12b, [0171]-[0174]). It would have been obvious to one of ordinary skill within the art at the time of the effective filling date of the invention to interchange the anode and the cathode as a mere rearrangement of parts and as a mere combing prior art elements according to known methods to obtain predictable results (see MPEP 2144.04 and 2143 I).
As to claim 29, modified Alain discloses wherein, the electronic device housing comprises a battery receptacle having a cut out shelf that accommodates the plurality of protrusions of the button battery, wherein the cut out is wider than a diameter of the plurality of protrusions (figures 1, 4, 5; the self can be wherein the battery door goes and the battery is accommodated, thus the cut out is wider than the battery and protrusions; also see MPEP 2113 for product by process for “cut out”).
As to claim 30, modified Alain discloses wherein, the cut out shelf is an upper shelf (figures 1, 4 and 5, the self is at the top and thus reads in instant claimed invention).
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIAN R OHARA whose telephone number is (571)272-0728. The examiner can normally be reached 7:30 AM-3:30 PM EST M-F.
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/BRIAN R OHARA/Examiner, Art Unit 1724
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