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 .
Specification
The disclosure is objected to because of the following informalities: The descriptions of Figs. 4-7 on pg. 11 of the instant specification do not refer to the correct drawings. The instant spec discloses:
“FIG. 1 is a schematic sectional view of an electric battery in accordance with the present invention;
FIG. 2 is an enlarged schematic view of a detail of the electrical battery of FIG. 1 according to a first embodiment;
FIG. 3 is an enlarged schematic view of a detail of the electrical battery of FIG. 1 according to a second embodiment;
FIGS. 4 and 5 are details in a top view of the detail of FIGS. 3 and 4, respectively;
FIGS. 6 and 7 are details in a top view of the same detail of FIGS. 3 and 4 in further embodiments”
Fig. 4 is a top view detail of Fig. 2, not Fig. 3. Applicant’s Fig. 5 is a top view detail of Fig. 3, not Fig. 4. Please correct the description of FIGS. 4 and 5 to state “…the detail of FIGS. 2 and 3, respectively.”
Fig. 6 is a top view detail of Fig. 2, not Fig. 3. Applicant’s Fig. 7 is a top view detail of Fig. 3, not Fig. 4. Please correct the description of FIGS. 6 and 7 to state “…the same detail of FIGS. 2 and 3, respectively, in further embodiments.”
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.
Claim 9 is 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.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, Claim 9 recites the broad recitation “a thickness between 0.1 and 0.8 millimetres,” and then recites “preferably between 0.2 and 0.6 millimetres,” which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
For the purpose of this action, the thickness limitation range of Claim 9 will be examined as “between 0.1 mm and 0.8 mm.”
Appropriate correction is required.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-4, 8, and 11-15 are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al., US 20230006289 A1, and further in view of Kim et al., US 20220285764 A1.
Regarding Claim 1, Cho discloses an electric battery (secondary battery 100, Figs. 1-3) comprising:
a hollow container having a side wall and a bottom wall defining an inner cavity (case 120, “the upper surface is closed and the lower surface is open” [0033]; the claimed “bottom wall” is Cho’s upper surface), an upper portion opposite to said bottom wall along an axial direction and comprising an outer surface (stepped portion 121 [0039]);
an electrochemical cell inserted into the inner cavity of said hollow container (case 120 is shaped open to accommodate an electrode assembly 110 [0027-0033]);
an insert made of electrically conductive material mechanically and electrically connected to a
pole of said electrochemical cell (first current collector plate 140 in contact with the first electrode plate of the electrode assembly 110 [0035-0041]);
a lid positioned to close said hollow container at said upper portion (cap plate 130 seals the lower surface of the case 120 [0034]);
an overlapping region (region of case 120 including stepped portion 121 [0039]) in which the upper portion of the hollow container is positioned axially above a connection portion of the insert made of electrically conductive material (stepped portion 121 extends farther away from electrode assembly 110 than the second region 142 of the first current collector plate 140, see Figs. 1-3);
a welding between at least the connection portion of the insert made of electrically conductive material (142) and the upper portion of the hollow container (the case 120, cap plate 130, and current collector plate 140 can be welded together at the same time [0036-0042]; second welding portion W2 would connect 120/130/140 when all three components are “welded together at the same time”), wherein said welding is placed in said overlapping region on a side facing the outer surface of the upper portion of the hollow container (see W2 in Figs. 1 and 2).
PNG
media_image1.png
472
516
media_image1.png
Greyscale
PNG
media_image2.png
264
312
media_image2.png
Greyscale
Cho – Fig. 1 (L) and Fig. 2 (R)
Cho does not disclose the upper portion of the hollow container is “positioned axially above the lid.” Kim et al. teaches an end portion of a cylindrical battery can 110 has a crimping part 114 bent inward ([0026], Figs. 1-3). Kim teaches the crimping part 114 presses downward on the battery lid 141c, and the overlapping layers beneath the crimping part can be adjusted in order to increase or decrease the amount of sealing force for the battery ([0014, 0054-0059]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to extend the upper portion of the hollow container, and then crimp the upper portion downward on to the battery lid, as taught by Kim, in the battery of Cho, in order to impart a sealing force on to the battery opening.
PNG
media_image3.png
230
504
media_image3.png
Greyscale
Kim – Fig. 2
Regarding Claim 2, modified Cho discloses all limitations as set forth above. Modified Cho discloses the welding (Cho, W2) joins together the connection portion of the insert made of electrically conductive material, the upper portion of the hollow container, and the lid (Cho, second welding portion W2 [0036-0042]; case 120, cap plate 130, and current collector plate 140 can be welded together at the same time [0038]).
Regarding Claim 3, modified Cho discloses all limitations as set forth above. Modified Cho
discloses in the overlapping region, the connection portion of the insert made of electrically conductive
material is axially interposed between, and in contact with, the upper portion of the hollow container and the lid (Cho, first current collecting plate 140 is be seated on the stepped portion 121, and the lower surface of the case 120 may be closed with the cap plate 130 so as to allow the cap plate 130 to be in close contact with the first current collecting plate 140 [0039]).
Regarding Claim 4, modified Cho discloses all limitations as set forth above. Modified Cho does not disclose “in the overlapping region, said upper portion of the hollow container does not axially overlap a free end of said connection portion of the insert made of electrically conductive material.” However, this limitation is also taught by Kim.
Kim teaches the cylindrical battery further comprises an insert made of an electrically conductive material (safety plate 143 [0034-0036]). Kim teaches the safety plate 143 has first and second bending portions 143d and 143e, which surround outer and top surfaces of the battery cap 141 ([0036-0054]). Kim teaches the “free end” (143e) extends inward towards the center of the battery, and should extend far enough beyond the crimp 114 to ensure a seal between the cap assembly and can ([0057-0063], Fig. 3).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to add the first and second bending portions taught by Kim, to the insert of modified Cho, in order to secure the battery cap and insert to each other, as well as the battery can.
PNG
media_image4.png
472
622
media_image4.png
Greyscale
Kim – Annotated Fig. 3
Regarding Claim 8, modified Cho discloses all limitations as set forth above. Modified Cho discloses said outer surface of the upper portion of the hollow container comprises a recess at said welding (Cho, the cap plate 130 may have a groove 132 formed in regions corresponding to the first welded portion W1 and the second welded portion W2 [0042], Fig. 2).
Regarding Claim 11, modified Cho discloses all limitations as set forth above. Modified Cho discloses the welding seals the lid and the upper portion of the hollow container together, and isolates the inner cavity of the hollow container from the external environment (Cho, the lower surface of the case 120 is closed with the cap plate 130; see laser welding [0036-0038]).
Regarding Claim 12, modified Cho discloses all limitations as set forth above. Modified Cho discloses the insert made of electrically conductive material is in electrical contact at least with the upper portion of the hollow container, and wherein said lid is in electrical contact at least with the upper portion of the hollow container (Cho, the cap plate 130, case 120, and first current collector plate 140 all have a negative polarity [0035-0036]).
Regarding Claim 13, modified Cho discloses all limitations as set forth above. Modified Cho discloses at least the connection portion of the insert made of electrically conductive material and the upper portion of the hollow container are plastically deformed to define a stable mechanical union between the hollow container, the lid and the insert made of electrically conductive material (Cho modified by Kim: Cho’s insert 140 modified to include the bent portions 143d and 143e of Kim; Cho’s case 120 modified to have the crimp 114 of Kim; see Kim at [0054-0059]: bent portions wrap around lid, bent portions and crimp work together to seal the battery).
Regarding Claim 14, modified Cho discloses all limitations as set forth above. Modified Cho discloses the insert made of electrically conductive material comprises a contact portion (Cho, first region 141) welded to the pole of said electrochemical cell, said connection portion extending away from said contact portion in an axial direction towards said lid (first region 141 cut and bent to be in contact with the first electrode plate of assembly 110 [0040], Fig. 3).
Examiner notes modified Cho does not disclose the connection method between the first region and the first electrode plate. However, modified Cho discloses the first region establishes an electrical connection between the electrode plate and the cap plate (Cho, [0040]), and also discloses welding as a method of electrically connecting two similar components (Cho, [0036-0042]). Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to have the contact portion of modified Cho (Cho, 141) be welded to the pole of the electrochemical cell (Cho, first plate of 110), as Cho teaches welding as a mechanical and electrical connection method.
Regarding Claim 15, modified Cho discloses all limitations as set forth above. Modified Cho discloses said pole of said electrochemical cell is an anode (Cho, when the first electrode plate of the electrode assembly 110 is a negative electrode plate, the cap plate 130 in contact with the first current collector plate 140 and the case 120 in contact with the cap plate 130 will have a negative polarity [0027-0035]).
Claims 5, 7, and 9 are rejected under 35 U.S.C. 103 as being unpatentable over modified Cho as applied to Claim 1 above, and further in view of Shimizu et al., US 20210151837 A1.
Regarding Claims 5 and 7, modified Cho discloses all limitations as set forth above. Modified Cho discloses the welding crosses the outer surface of the upper portion of the hollow container and reaches at least the connection portion of the insert made of electrically conductive material (Cho, the case 120, cap plate 130, and current collector plate 140 can be welded together at the same time [0036-0038]). Modified Cho does not disclose the welding is “an annular welding” (Claim 5), and also does not disclose the annular welding thickness in the radial direction is between 30 µm and 300 µm (Claim 7).
Shimizu teaches welding layers of electrically conductive material (current collectors 26 and 27) to an outer portion of a battery container (outer case 50 [0050-0067], Figs. 1-9). Shimizu teaches welding the current collectors and case using a laser beam 40 with a small weld width of 0.1 mm ([0050]; equivalent to 100 µm and within the claimed range), and also teaches a weld pattern with three circular weld lines (76, 77, and 78) on the bottom of a battery case will have high strength ([0095-0097], Fig. 6).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to have the welding be an annular welding with a thickness in the radial direction of 100 µm, in the battery of modified Cho, as Shimizu teaches annular welding with a 100 µm weld thickness to join a battery case and electrically conductive materials.
PNG
media_image5.png
338
332
media_image5.png
Greyscale
Shimizu – Fig. 6
Regarding Claim 9, modified Cho discloses all limitations as set forth above. Modified Cho discloses the upper portion of the hollow container has a thickness between 0.1 and 0.8 millimetres (Shimizu, outer case 50 has a thickness ranging from 0.2 to 0.5 mm [0037]; Examples: 0.3 mm [0068]).
Claims 6 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over modified Cho as applied to Claims 1 and 4 above, and further in view of Hattori et al., US 20130224536 A1.
Regarding Claim 6, modified Cho discloses all limitations as set forth above. Modified Cho discloses the welding crosses the outer surface of the upper portion of the hollow container and reaches at least the connection portion of the insert made of electrically conductive material (Cho, the case 120, cap plate 130, and current collector plate 140 can be welded together at the same time [0036-0038]). Modified Cho does not disclose the welding is “spot welding” as claimed.
Hattori teaches a plurality of welded spots 32 may be used to seal a battery and join two conductive battery components with the same polarity ([0090-0105], Figs. 6E-F). Hattori also teaches the welded spots help distribute tensile stress from a crimped portion ([0043, 0096-0107]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to have the welding be a welding spot, in the battery of modified Cho, as Hattori teaches spot welding as an effective method to join conductive components in a battery structure.
PNG
media_image6.png
165
228
media_image6.png
Greyscale
PNG
media_image7.png
144
228
media_image7.png
Greyscale
Hattori – Figs. 6E-F
Regarding Claim 10, modified Cho discloses all limitations as set forth above. Modified Cho does not disclose the welding “is placed at said free end of the connection portion of the insert made of electrically conductive material.”
Hattori teaches a battery comprising an end of a conductive portion crimped onto a distal end of an electrode terminal plate ([0075-0076], Figs. 6, 8). Hattori teaches the crimping structure joins the ends together but can add tensile stress, but further welding the crimped area will ensure added strength to the joined structure ([0043, 0090-0107]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to have the welding placed at the free end of the connection portion, in the battery of modified Cho, as Hattori teaches welding the area of the distal ends will add strength to the crimped structure.
PNG
media_image8.png
340
714
media_image8.png
Greyscale
Hattori – Figs. 8A-B
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETHANY C GARCIA whose telephone number is (571)272-2475. The examiner can normally be reached Mon-Fri, 0800 - 1730 MT.
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, Allison Bourke can be reached at 303-297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/BETHANY C GARCIA/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
