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 .
Election/Restrictions
Applicant’s election without traverse of Species I, claim 3, in the reply filed on October 21, 2025 is acknowledged. Claim 7 is withdrawn from consideration.
Claim Rejections - 35 USC § 102
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.
Claims 1-3, 6, 8, 13-15, 17, 19 and 20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shan (CN 219203434 U, cited by Applicant; see English machine translation).
Regarding claims 1, 2, 8 and 13-15, Shan teaches a battery including a casing 1, a pole post 2, a first insulating component 61, a second insulating component 62, and a first sealing component 71. The housing 1 includes an end wall 11 (first housing wall) wherein the pole post 2 passes through the end wall 11 (mounting hole) and is insulated from the end wall 11 (see paragraph 47). The pole post 2 is riveted to the end wall 11 such that the first sealing element 71 and a first insulating element 61 (insulating sealing structure) are provided between the upper end of the pole post 2 and the outer surface of the end wall 11 (see paragraph 59).
With the reference to the annotated FIG. 5 below, the terminal 2 of Shan comprises a central portion (pass-through portion) which passes through the end wall 11, and an upper annular flange portion (first extending portion). The upper annular flange portion is constituted by a first portion P1 (first section portion) and a second portion P2 (second section portion), wherein the second portion P2 is thicker than the first portion P1 (second section portion presses against the insulating sealing structure to a greater degree than the first section portion).
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Regarding claims 3 and 6, by way of the greater relative thickness of the second portion P2 relative to the first portion P1, a surface of the second portion P2 protrudes relative to a surface of the first portion P1.
Regarding claim 17, Shan teaches that the battery includes a core 3 which is formed by winding a first electrode, a second electrode (active substance coated portions) and a diaphragm between the first electrode and the second electrode around a winding shaft. The first electrode and the second electrode respectively include a first uncoated area and a second uncoated area along the winding direction, where the first uncoated area and the second uncoated area are located on two end faces of the winding core. The first uncoated area forms a first tab 32, and the second uncoated area forms a second tab 33 (conductive portions).
Regarding claims 19 and 20, Shan teaches that the battery may be used in an electronic device such as a power battery for a new energy vehicle (see paragraph 64).
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.
Claims, 11, 12, 16 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Shan as applied to claims 1-3, 6, 8, 13-15, 17, 19 and 20 above.
Regarding claims 11, 16 and 18, Shan teaches the pole post 2 includes a liquid injection hole 21 (communication hole) through which an electrolyte may be injected into the interior (accommodating cavity) of the housing 1. Shan teaches that the injection hole 21 may be sealed with a sealing pin (electrode post cover plate) (see paragraph 55). It is well known in the art that such a sealing pin may be welded in place (sealing structure) to prevent the leakage of electrolyte.
Regarding claim 12, as can be seen in FIG. 4 of Shan, the liquid injection hole 21 – and thus the sealing pin – is provided in a recessed portion (depressed groove) of the pole post 2.
Claims 4, 5, 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Shan as applied to claims 1-3, 6, 8, 13-15, 17, 19 and 20 above, and further in view of Negishi et al. (hereinafter “Negishi”) (WO 2015/115557 A1; see English machine translation).
Regarding claims 4 and 5, Shan does not explicitly teach an oblique first surface.
Negishi teaches an electrode terminal 5 which includes a flange portion 51 and a terminal shaft portion 52, wherein the flange portion 51 includes a protrusion 51D protruding from a surface of a flange portion 51 in contact with a gasket 4 sealing the periphery of the terminal 5 (see paragraphs 99 and 144). The terminal shaft portion 52 of the terminal 5 includes a reduced-diameter portion 53 that decreases in diameter as the diameter decreases from the flange portion 51 and has a tapered surface (first surface obliquely extends; chamfer). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have adapted the tapered surface of the terminal of Negishi to the terminal of Shan because Negishi teaches that the tapered surface of the terminal cooperates with the surface of the gasket to maintain high sealability even when the internal pressure of the battery rises (see paragraph 137).
Regarding claim 9, as set forth above, Shan teaches that the pole post 2 is riveted to the end wall 11 such that the first sealing element 71 (first insulating sealing member) and a first insulating element 61 are provided between the upper end of the pole post 2 and the outer surface of the end wall 11 (see paragraph 59). Shan further teaches that the pole post 2 includes a lower angular flange portion (second extending portion) which presses a second insulating component 62 (second insulating sealing member) against a lower surface of the end wall 11 (see FIG 4).
Shan does not explicitly that a hardness of the first insulating sealing member is greater than that of the second insulating sealing member.
Negishi teaches that a sealing gasket may be formed of resins such as a fluororesin, a fluororubber, a polyphenylene sulfide resin, a polyether ether ketone resin, a polypropylene resin, and a polybutylene terephthalate resin (see paragraph 72). As an insulating member, a thermoplastic resin such as a tetrafluoroethylene-perfluoroalkyl vinyl ether copolymer, polypropylene, polyethylene, nylon, polybutylene terephthalate, polyethylene terephthalate, polytetrafluoroethylene, polyphenylene sulfide, and polyether ether ketone can be used (see paragraph 76).
In selecting, for example, a polybutylene terephthalate resin – known in the art to be relatively stiff – for the first sealing element of Shan and a polytetrafluoroethylene resin – known in the art to be relatively soft – for the second insulating component of Shan, one of ordinary skill in the art would expect a hardness of the first sealing element to be greater than that of the second insulating component.
Regarding claim 10, it has been held by the courts that the change in form or shape, without any new or unexpected results, is an obvious engineering design. See In re Dailey, 149 USPQ 47 (CCPA 1976) (see MPEP § 2144.04).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHAN J ESSEX whose telephone number is (571)270-7866. The examiner can normally be reached Monday - Friday, 8:30 am - 6:00 pm.
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/STEPHAN J ESSEX/Primary Examiner, Art Unit 1727