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 25, 26, and 32 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 25 recites “the flange”, which lacks antecedent basis in claims 24, 23, and 16.
Claim 26 recites “the radially reduced section”, which lacks antecedent basis in claims 22 and 16.
Claim 32 largely recites intended use limitations for the previously defined lid. However, the claim also recites “a lid configured to close the open end of the cylindrical can, wherein the lid comprises a clamping portion configured to clamp…”. It is unclear if the seemingly newly recited lid of claim 32 having a clamping portion is intended to be distinct from the claimed lid.
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.
(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) 16-27, 31, and 32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 6,410,186 to Tucholski.
Regarding claims 16-26, Tucholski teaches a cylindrical secondary cell (C22/L21-25) comprising
A cylindrical can 712 (Figs. 15, 16) housing an electrode assembly 115/117/120/740 (C20/L2-18), the cylindrical can having an open end (explicitly shown in Fig. 16)
A lid 745 configured to close the open end of the cylindrical can (C20/L32-59)
Wherein the lid 745 comprises a clamping portion 470 configured to clamp around an edge 450 of the open end of the cylindrical can 712 to thereby close the open end of the cylindrical can (Fig. 12D, C17/L61-C18/L38).
Per claims 17 and 18, the cell further comprises a gasket 473 (sealant 473 fills space in a way similar to that of a gasket; The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. See In re Casey, 152 USPQ 235 (CCPA 1967); and In re Otto, 136 USPQ 458, 459 (CCPA 1963); see MPEP § 2114) arranged in the clamping portion 470 and configured to seal the cylindrical can 712 when the clamping portion of the lid 745 is clamped therearound (C21/L4-10).
The lid 745 comprises one or more recessed contact portions (the dotted doodle portion in Marked-up Fig. 15 below overlays a portions which is recessed away from the outer portion of the lid and which contacts 117) configured to form a direct electrical contact with the electrode assembly (through contact with 117), and the lid is in direct electrical contact with the cylindrical can 712 (C20/L60-64, C21/L1-4).
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Per claims 19 and 20, the lid 745 comprises one or more recessed contact portions (the dotted doodle portion in Marked-up Fig. 15 above overlays a portions which is recessed away from the outer portion of the lid and which contacts 117) configured to form a direct electrical contact with the electrode assembly (through contact with 117), and the lid is in direct electrical contact with the cylindrical can 712 (C20/L60-64, C21/L1-4).
At least the clamping portion 470 is in direct electrical contact with the cylindrical can 712.
Per claim 21, the cell further comprises a current collector 117 in direct electrical contact with the electrode assembly 115/117/120/740 (C9/L22-47), and configured to form an electrical connection with the lid 745 (C20/L60-64, C21/L1-4).
Per claims 22 and 26, the edge of the open end of the cylindrical can 712 comprises a flange 450 extending radially outward from a side wall of the can (Figs. 12D, 15).
The radial reduction of the cylindrical can 712 in the radially reduced section (see Marked-up Fig. 15 above) is substantially equal to the radial extension of the flange 450 (Figs. 12D, 15; MPEP §2125).
Per claims 23-25, a side wall of the cylindrical can 712 adjacent to the edge of the open end of the cylindrical can comprises a radially reduced section (see Marked-up Fig. 15 above).
The radially reduced section is beyond the axial extend of the electrode assembly 115/117/120/740 (portion 117 is the only part of the electrode assembly that extends to the radially reduced section; 117 is closer to the center of the cylinder than the radially reduced section).
The radial reduction of the cylindrical can 712 in the radially reduced section is substantially equal to the radial extension of the flange 450 (Figs. 12D, 15; MPEP §2125).
Regarding claim 27, Tucholski teaches a method of manufacturing the cylindrical secondary cell of claim 16 (C22/L21-25), comprising
Arranging the clamping portion 470 of the lid 745 around the edge of the open end of the cylindrical can 712 (see cited passages and Figures in the rejection of claim 16 above)
Clamping the clamping portion 470 around the edge of the open end of the cylindrical can 712 to thereby close the open end of the cylindrical can.
Regarding claims 31 and 32, Tucholski teaches a lid 745 for a cylindrical secondary cell (C22/L21-25), comprising
A main body substantially formed as a disk (base seen in Fig. 16, C20/L32-59; MPEP §2125)
A clamping portion 470 configured to clamp around an edge of a cylindrical casing 712 for the secondary cell (Figs. 12D, 15, C17/L61-C18/L38).
The lid 745 is configured for use in a cylindrical secondary cell comprising a cylindrical can 712 housing an electrode assembly 115/117/120/740 (C20/L2-18), the cylindrical can having an open end (Fig. 16), and a lid configured to close the open end of the cylindrical can, wherein the lid comprises a clamping portion 470 configured to clamp around an edge of the open end of the cylindrical can to thereby close the open end of the cylindrical can.
Claim(s) 16-24, 27-29, 31, and 32 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2022/0123395 to Kohira.
Regarding claims 16-24, Kohira teaches a cylindrical secondary cell (Fig. 2, ¶0243) comprising
A cylindrical can 100 housing an electrode assembly 200 (Fig. 1, ¶0094-0096), the cylindrical can having an open end 110
A lid 300A configured to close the open end of the cylindrical can 100 (¶0097, 0098)
Wherein the lid 300A comprises a clamping portion 332A (Figs. 3, 6) configured to clamp around an edge of the open end 110 of the cylindrical can 100 to thereby close the open end of the cylindrical can (¶0125-0129).
Per claims 17 and 18, the cell further comprises a gasket 340 arranged in the clamping portion 332A and configured to seal the cylindrical can 100 when the clamping portion of the lid is clamped therearound (¶0100, 0109).
The lid 300A comprises one or more recessed contact portions 312 (Fig. 1) configured to form a direct electrical contact with the electrode assembly 200 (through 210), and the lid is in direct electrical contact with the cylindrical can 100 (¶0098, 0115, 0241).
Per claims 19 and 20, the lid 300A comprises one or more recessed contact portions 312 (Fig. 1) configured to form a direct electrical contact with the electrode assembly 200 (through 210), and the lid is in direct electrical contact with the cylindrical can 100 (¶0098, 0115, 0241).
At least the clamping portion 332A of the lid 300A is in direct electrical contact with the cylindrical can 100.
Per claim 21, the cell further comprises a current collector 210 in direct electrical contact with the electrode assembly 200 (¶0098), and configured to form an electrical connection with the lid 300A.
Per claim 22, the edge of the open end 110 of the cylindrical can 100 comprises a flange 402 extending radially outwards from a side wall S1 of the can (Fig. 3, ¶0105, 0107, 0112-0114).
Per claims 23 and 24, a side wall (contacting 338 in Fig. 6C) of the cylindrical can 100 adjacent to the edge 110 of the cylindrical can comprises a radially reduced section (Fig. 3).
The radially reduced section is beyond the axial extend of the electrode assembly 200 (only portion 210 of the electrode assembly 200 extends vertically toward the radially reduced section, as shown in Fig. 1; portion 210 is closer to the center of the cylinder than the radially reduced section).
Per claims 27-29, Kohira teaches a method of manufacturing the cylindrical secondary cell of claim 16 (see passages and Figures cited in the rejection of claim 16 above), comprising
Arranging the clamping portion 332A of the lid 300A around the edge of the open end 110 of the cylindrical can 100 (Figs. 6A, 6B; ¶0125-0129)
Clamping the clamping portion 332A around the edge of the open end 110 of the cylindrical can 100 to thereby close the open end of the cylindrical can (Fig. 6C).
Per claim 28, the method further comprises arranging a gasket 340 in the clamping portion 332A such that the clamping portion around the edge of the open end 110 of the cylindrical can 100 and the gasket seals the cylindrical can (¶0113-0115).
Per claim 29, the method further comprises welding the clamping portion 332A of the lid 300A to the cylindrical can 100 (¶0115, 0118).
Regarding claims 31 and 32, Kohira teaches a lid 300A for a cylindrical secondary cell (¶0243) comprising
A main body 330A substantially formed as a disc (Figs. 2-3, ¶0097, 0098)
A clamping portion 332A configured to clamp around an edge of a cylindrical casing 100 for the secondary cell (¶0094-0096, 0125-0129).
Per claim 32, the lid 300A is configured for use in a cylindrical secondary cell comprising a cylindrical can 100 housing an electrode assembly 200 (Fig. 1, ¶0094-0096), the cylindrical can having an open end 110, and a lid 300A configured to close the open end of the cylindrical can, wherein the lid comprises a clamping portion 332A configured to clamp around an edge of the open end of the cylindrical can to thereby closet he open end of the cylindrical can (Figs. 6, ¶0125-0129).
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.
Claim(s) 30 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kohira as applied to claim 29 above.
Regarding claim 30, Kohira teaches the limitations of claim 29. Kohira does not explicitly teach an order of the clamping of the clamping portion 332A around the edge of the open end 110 of the cylindrical can 100 and the welding of the clamping portion of the lid to the cylindrical can. However, the selection of any order of performing process steps is prima facie obvious in the absence of new or unexpected results); In re Gibson, 39 F.2d 975, 5 USPQ 230 (CCPA 1930); MPEP §2144.04.IV.C.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Ryan S Cannon whose telephone number is (571)270-7186. The examiner can normally be reached M-F, 8:30am-5:30pm PST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey Barton can be reached at (571) 272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Ryan S. Cannon
Primary Examiner
Art Unit 1726
/RYAN S CANNON/Primary Examiner, Art Unit 1726
