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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/11/2026 has been entered.
Response to Arguments
Applicant’s arguments, see pages 7-10, filed 12/15/2025, with respect to the rejection(s) of amended claim(s) 1 and 12 and new claim 21 under Kobayashi and Kim have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Kobayashi and the new prior art of Shi et al. (US 2020/0212379 A1, hereafter Shi) for amended claims 1 and 12 and in view of Kobayashi, Shi, and the new prior art of Setliff (US 2002/0122978 A1, hereafter Setliff) for new claim 21.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-6, 9, and 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi et al. (US 2022/0216548 A1, hereafter Kobayashi) in view of Shi et al. (US 2020/0212379 A1, hereafter Shi).
With regard to claim 1, Kobayashi teaches a battery comprising:
an electrode assembly (anode cathode and separator) comprising electrodes [0038];
a body cup (container body) including a first reference wall (bottom) and at least one first sidewall (vertical sidewalls) provided adjacent to the first reference wall, the body cup having an open end accommodating the electrode assembly [0038, fig. 1]; and
a cover cup (container cover) including a second reference wall (horizontal bottom wall of cover) and a second sidewall (vertical sidewalls) provided adjacent to the second reference wall, the cover cup having an open end being accommodated in the body cup such that the second reference wall closes the open end of the body cup [0038, fig. 1], wherein a surplus space (open space between cover walls) is formed by a flange (first and second sidewalls extending above second reference wall) formed by joining at least a portion of the first sidewall and at least a portion of the second sidewall [0038-0039, fig. 1-2].
Kobayashi teaches a portion of the first sidewall in the flange and a portion of the second sidewall in the flange are metal joined to each other (welding) to form a flange [0038-0039, fig. 1-2].
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Kobayashi does not explicitly teach swelling. However, in the same field of endeavor, Shi teaches an electrode assembly configured to swell in a vertical direction (which would be perpendicular to the reference walls) such that a part of the swelled electrode assembly contacts the second reference wall (first inner surface 312 of cap plate 31, analogous to the container cover of Kobayashi) [0032-0034, fig. 5]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the electrode expansion arrangement of Shi for the benefit of allowing for expansion during charging and discharging while reducing safety risks and extending the working life of the battery [Shi 0025, 0032].
With regard to claim 2, Kobayashi teaches the flange extends in the same direction as the first sidewall and second sidewall (vertically) [0038, fig. 1].
With regard to claim 3, Kobayashi teaches the direction the flange extends is perpendicular to the first reference wall and the second reference wall (which extend horizontally as seen in fig. 1) [0038, fig. 1].
With regard to claims 4-6, Kobayashi teaches electrode assemblies but does not explicitly teach how the assembly is formed or oriented. However, in the same field of endeavor, Shi teaches a battery with an electrode assembly wound about an axis (horizontal) perpendicular to the direction that the flange extends (thickness or vertical, claim 5) with alternating curved and flat portions and flat portions stacked in a direction that the flange extends (thickness, claim 4, claim 6) [0021, fig. 1, fig. 3]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the wound electrode assembly of Shi with the battery of Kobayashi for the benefit of controlling the expansion direction of the electrode units [Shi 0020-0021, 0025].
With regard to claim 9, Kobayashi teaches stainless steel [0071, 0092].
With regard to claim 11, Kobayashi teaches at least a portion of the sidewalls are joined [0038-0039, fig. 1-2].
With regard to claim 12, Kobayashi teaches a method of manufacturing a battery, the method comprising:
inserting (placing inside battery case) an electrode assembly (anode cathode and separator) comprising electrodes into a body cup (container body) comprising a first reference wall (bottom) and a first sidewall (vertical sidewalls) provided adjacent to the first reference wall, with the body cup having an open end [0038, fig. 1];
positioning a cover cup (container cover) in the body cup such that a second reference wall of the cover cup closes the open end of the body cup [0038, fig. 1]; and
joining (welding or melt bonding) at least portions of overlapping portions of the first sidewall of the body cup and the second sidewall of the cover cup [0038-0039, fig. 1-2] wherein a surplus space (open space between cover walls) is formed by a flange (first and second sidewalls extending above second reference wall) formed by joining at least a portion of the first sidewall and at least a portion of the second sidewall [0038-0039, fig. 1-2].
Kobayashi teaches a portion of the first sidewall in the flange and a portion of the second sidewall in the flange are metal joined to each other (welding) to form a flange [0038-0039, fig. 1-2].
Kobayashi does not explicitly teach swelling. However, in the same field of endeavor, Shi teaches an electrode assembly configured to swell in a vertical direction (which would be perpendicular to the reference walls) such that a part of the swelled electrode assembly contacts the second reference wall (first inner surface 312 of cap plate 31, analogous to the container cover of Kobayashi) [0032-0034, fig. 5]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the electrode expansion arrangement of Shi for the benefit of allowing for expansion during charging and discharging while reducing safety risks and extending the working life of the battery [Shi 0025, 0032].
With regard to claim 13, Kobayashi teaches cutting out areas that would require cutting at least a portion of the first sidewall of the body cup and the second sidewall of the cover up (to examine melt bonded part between sidewalls) [0121, fig. 1]. Kobayashi does not explicitly teach the cuts are parallel to the reference walls, however this would be an obvious variant to one of ordinary skill in the art since it would result in a straight cut across the area to be examined (melt bonded part between sidewalls).
With regard to claim 14, Kobayashi teaches the flange extends in the same direction as the first sidewall and second sidewall (vertically) [0038, fig. 1].
With regard to claim 15, Kobayashi teaches the direction the flange extends is perpendicular to the first reference wall and the second reference wall (which extend horizontally as seen in fig. 1) [0038, fig. 1].
With regard to claims 16-18, Kobayashi teaches electrode assemblies but does not explicitly teach how the assembly is formed or oriented. However, in the same field of endeavor, Shi teaches a battery with an electrode assembly wound about an axis (horizontal) perpendicular to the direction that the flange extends (thickness or vertical, claim 17) with alternating curved and flat portions and flat portions stacked in a direction that the flange extends (thickness, claim 16, claim 18) [0021, fig. 1, fig. 3]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the wound electrode assembly of Shi with the method of Kobayashi for the benefit of controlling the expansion direction of the electrode units [Shi 0020-0021, 0025].
With regard to claim 19, Kobayashi teaches stainless steel [0071, 0092].
With regard to claim 20, Kobayashi teaches at least a portion of the sidewalls are joined [0038-0039, fig. 1-2].
Claim 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi and Shi as applied to claims 1-6, 9, and 11-20 above, and further in view of Kim (US 2014/0342198 A1, hereafter Kim).
With regard to claim 8, Kobayashi does not explicitly teach swelling that may deform a wall. However, in the same field of endeavor, Kim teaches that batteries may swell upward (in the direction of the surplus space of Kobayashi) and deform a cap plate (analogous to the second reference wall of Kobayashi) due to a rise in pressure (second pressure P2) during charging and discharging [0061-0062, fig. 7]. Therefore, as taught by Kim the battery of modified Kobayashi would be capable of performing the claimed functions of claim 8 during charging and discharging operations which would be obvious to one of ordinary skill in the art since they are normal battery operations.
Claims directed to apparatus must be distinguished from the prior art in terms of structure rather than function. In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). See also MPEP § 2114.
The manner of operating the device does not differentiate an apparatus claim from the prior art. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi, Shi, and Kim as applied to claim 8 above, and further in view of Tsukuda et al. (US 2013/0034753 A1, hereafter Tsukuda).
With regard to claim 10, Kobayashi does not explicitly teach an electrode terminal on a sidewall surface. However, in the same field of endeavor, Tsukuda teaches the use of terminals (11f) on side surfaces of a battery cup [0042, fig. 7]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the side terminals of Tsukuda with the battery of modified Kobayashi for the benefit of allowing for series interconnection of stacked batteries [Tsukuda 0017].
Claim 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kobayashi and Shi as applied to claims 1-6, 9, and 11-20 above, and further in view of Setliff (US 2002/0122978 A1, hereafter Setliff).
With regard to claim 21, Kobayashi does not explicitly teach electrode terminals on a sidewall surface. However, in the same field of endeavor, Setliff teaches the use of pairs of positive and negative terminals on opposite side surfaces of a battery cell [0023-0024, fig. 3]. It would have been obvious to one of ordinary skill in the art at the time the invention was made to use the terminal arrangement of Setliff with the battery of modified Kobayashi for the benefit of allowing for polarity repositioning by reversing battery orientation [Setliff 0024].
Conclusion
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/BRENT C THOMAS/Examiner, Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724