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 .
Response to Amendment
The amendment received 01/08/2026 (“Amendment”) has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-20 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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.
Claim(s) 1-3, 6 and 12-20 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US20160336581A1 [Kwak] .
Regarding claim 1, Kwak teaches a rechargeable battery includes an electrode assembly having a first electrode tab and a second electrode tab [abs]. Kwak teaches a battery cell, comprising: a casing [#180]; an electrode assembly [#110] disposed within the casing ; an electrode terminal [#142; ]; an adapter [#120; i.e. current collecting member-] disposed within the casing and conductively connected to the electrode assembly and the electrode terminal; and an insulating member [#172; seal gasket] disposed within the casing and at least partially located between the adapter and the casing, wherein at least a portion of the insulating member is spaced apart from the adapter; wherein a wall of the casing along the first direction is provided with an electrolyte injection hole [171a] and the insulating member further comprises a protruding post, the protruding post being disposed on a side of the body portion facing towards the electrode assembly along the first direction, where the electrolyte injection hole penetrates the body portion and the protruding post and is in communication with an interior of the casing, and the adapter is spaced apart from the protruding post along a second direction, the second direction intersecting the first direction.
Please refer to the annotated fig 1B below which illustrates the claimed structural elements.
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Regarding claim 2, Kwak teaches wherein the adapter is disposed at an end of the electrode assembly along a first direction, the insulating member comprises a body portion, and along the first direction, the body portion is located between the adapter and the casing and is spaced apart from the adapter along the first direction [illustrated above; the longer part of the insulating part is the body portion and is in the first direction; the adaptor and the insulating member are spaced apart].
Regarding claim 3, Kwak teaches wherein the insulating member further comprises a first boss, the first boss being disposed on a side of the body portion facing towards the electrode assembly along the first direction; and the adapter is spaced apart from the first boss along a second direction, the second direction intersecting the first direction [per the instant spec; The first boss 152 is disposed on a side of the body portion 151 facing towards the electrode assembly 11 along the first direction Z, in fig. 3 of instant spec shows that z direction faces up; and is illustrated below].
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Regarding claim 6, Kwak teaches wherein the electrode assembly is welded to the adapter [0049-The first connection unit 131 of the connecting pin 130 provided in the first current collection plate 120 is inserted into the connecting pin hole 122 a of the connecting pin connection unit 122, followed by laser welding. In addition, the second connection unit 132 may be coupled to the cap plate 171 by laser welding such that the second connection unit 132 is connected to a bottom surface of the cap plate 171. The connecting pin 130 electrically connects the first current collection plate 120 and the cap plate 171].
Regarding claim 12, Kwak teaches wherein the electrode assembly comprises a main body portion and a tab [111a] disposed on the main body portion, the tab comprises a first tab, the electrode terminal comprises a first electrode terminal [140], the adapter comprises a first adapter, the insulating member comprises a first insulating member [illustrated below], the first adapter is conductively connected to the first tab and the first electrode terminal, at least a portion of the first insulating member is located between the first adapter and the casing, and at least a portion of the first insulating member is spaced apart from the first adapter [taught in claim 2]; wherein the first adapter is conductively connected to the first tab to form a plurality of spaced-apart first connection portions [0034-0045].
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Regarding claim 13, Fang teaches wherein the casing is provided with an electrolyte injection hole [171a]. With regards to the claimed, the instant specification teaches: the plurality of first connection portions refers to a structure formed through conductive connection between the first adapter and the first tab, Kwak teaches that the adapter and tabs are welded together [claim 12 teaches these limitations] and thus these limitations are met herein. With regards to “are disposed on a side of the first electrode terminal farther away from the electrolyte injection hole;” this is seen in figure 1b.
Regarding claim 14, Kwak teaches wherein a first wall is provided on a side of the casing along a first direction, and the first electrode terminal and the electrolyte injection hole are spaced apart on the first wall [fig. 1b and claim 1].
Regarding claim 15, Kwak teaches wherein the first tab comprises a plurality of first sub-tabs, the plurality of first sub-tabs being connected to form a second connection portion, and at least a portion of the second connection portion being conductively connected to the first adapter to form the first connection portion.
Regarding claim 16, Kwak teaches wherein the tab further comprises a second tab, the electrode terminal further comprises a second electrode terminal, the adapter further comprises a second adapter, the insulating member further comprises a second insulating member, the second adapter is conductively connected to the second tab and the second electrode terminal, at least a portion of the second insulating member is located between the second adapter and the casing, and at least a portion of the second insulating member is spaced apart from the second adapter [Kwak teaches an electrode assembly has positive and negative structures which is the first and second terminal as claimed; and please refer to fig 1b; and 0034-0054]
Regarding claim 17, Kwak teaches wherein the tab further comprises a second tab[112a; fig. 1b], Kwak teaches a first and second terminals [0034-0054] thus teaches the electrode terminal further comprises a second electrode terminal, and the adapter further comprises a second adapter, the second adapter is conductively connected to the second tab and the second electrode terminal, and the second tab is conductively connected to the second adapter to form a plurality of spaced-apart third connection portions. Please refer to Fig. 1b
Regarding claim 18, Kwak teaches the battery cell according to claim 17, and further teaches wherein at least a portion of the second electrode terminal is located between two of the third connection portions and the second connection is a connection between a plurality of sub-tabs and the third [0036-0037] (as noted in the specification is a connection between the second tab is conductively connected to the second adapter to form a plurality of spaced-apart third connection portions). Therefore, since Kwak teaches the second tab [#112a] and the second adapter [#150 of Kwak is the second adaptor] it teaches the third connection portion accordingly as the tab and adapter are connected.
Regarding claim 19, Kwak teaches the battery cell according to claim 17, Kwak teaches wherein the second tab comprises a plurality of second sub-tabs, the plurality of second sub-tabs being connected [please refer to claims 16 as the second tab is addressed therein], thus teaches- to form a fourth connection portion [as noted in the instant spec, the second tab includes a plurality of second sub- tabs, the plurality of second sub-tabs being connected to form a fourth connection portion] , and at least a portion of the fourth connection portion being conductively connected to the second adapter to form the third connection portion and/or the plurality of second sub-tabs are connected to form a plurality of spaced-apart fourth connection portions, at least a portion of each fourth connection portion being conductively connected to the second adapter to form a corresponding third connection portion [please refer to the entire document and fig. 1b which illustrates the required structure].
Regarding claim 20, Kwak teaches a battery, comprising the battery cell according to claim 1 [abs, whole document].
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.
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.
Claim(s) 5 and 7-11 is/are rejected under 35 U.S.C. 103 as being unpatentable over US20160336581A1 [Kwak].
Regarding claim 5, Kwak does not explicitly teach wherein a gap formed by spacing between at least a portion of the insulating member and the adapter is greater than 0.1 mm; and/or the gap formed by the spacing between at least the portion of the insulating member and the adapter is less than 2 mm. Kwak teaches the 0061-the seal gasket 172 made of an insulating material may be formed between each of the first coupling terminal 141 and the second coupling terminal 161 and the cap plate 171 and may seal a portion between each of first coupling terminal 141 and the second coupling terminal 161 and the cap plate 171. The seal gasket 172 may prevent external moisture from penetrating into the rechargeable battery 100 and may prevent an electrolyte contained in the rechargeable battery 100 from flowing out. 0063-The first terminal unit 140 may not be directly connected to the cap plate 171 by the upper insulation member 175 but may be electrically connected to the cap plate 171 through the first current collection plate 120 and the connecting pin 130. Kwak does not explicitly teach the dimensions of the spacing as required by the instant claim. However, it is noted, the limitation recites the gap formed by the spacing between at least the portion of the insulating member and the adapter is less than 2 mm; this is interpreted to be anything less than 2mm, which can also be 0mm. As seen in Fig, 1b of Kwak, there is a space/gap between the claimed insulating member [#172] and the adapter [#120]; therefore it is the Examiners position, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the structure of Kwak in order to have the spacing to be within the recited range as one would have a reasonable expectation of success and this would enhance the performance of the battery. In addition, “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
Regarding claim 7, Kwak teaches that electrode assembly and the adapter are welded, the welding mark is not visibly present, however, one of ordinary skill in the art would easily understand that a welding mark appears when two structural elements are joined, thus Kwak teaches wherein a weld mark formed by welding the electrode assembly to the adapter is spaced apart from the insulating member [it can be seen above in claim 6 that the welding mark is spaced apart from the insulator member; i.e. they do not contact each other].
Regarding claim 8, Kwak teaches the electrode assembly is welded to the adapter, however does not the weld mark is not visible present, however, one of ordinary skill in the art would easily understand that a welding mark appears when two structural elements are joined, thus Kwak teaches the mark as claimed and the electrode assembly to the adapter is spaced apart from the positioning hole [noted in claims 6 and 7].
Regarding claim 9, Kwak teaches wherein the electrode assembly comprises a main body portion [depicted below] and a tab [111a] disposed on the main body portion. With regards to the claimed: “the tab comprises a plurality of sub-tabs, the plurality of sub-tabs are welded to form a first weld, at least a portion of the first weld is welded to the adapter to form a second weld, and the second weld is spaced apart from the positioning hole;” the instant spec para [0210] teaches the plurality of sub tabs are partial structures of the tab Kwak teaches a plurality of batteries can be connected parallel to each other and also teaches The first electrode uncoated portion upwardly protrudes from the electrode assembly 110 to become a first electrode tab 111 a [0035]. Thus, it is the Examiner’s position that Kwak inherently teaches that a tab may comprise a plurality of sub tabs that are welded to form a first weld [0035, 0070-0072], therefore with the plurality of tabs, i.e sub-tabs are welded together and the tabs are welded to the adaptor to form a second weld. In regards, to the claimed “mark,” Kwak does not explicitly illustrate the mark. It is the examiners position, one of ordinary skill in the art would easily understand that a welding mark appears when two structural elements are joined, thus Kwak teaches the mark as claimed.
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Regarding claim 10, Kwak teaches wherein the plurality of sub-tabs are welded and welded to the adapter to form the first weld, the first weld being spaced apart from the positioning hole [please refer to claim 9 as this limitation is addressed in claim 9 and the rejection will not be repeated for the brevity purposes]. In regards, to the claimed “mark,” Kwak does not explicitly illustrate the mark. It is the examiners position, one of ordinary skill in the art would easily understand that a welding mark appears when two structural elements are joined, thus Kwak teaches the mark as claimed
Regarding claim 11, Kwak does not explicitly teaches wherein a minimum spacing between the weld mark formed by welding the electrode assembly to the adapter and the positioning hole ranges from 0.2 mm to 6 mm. As seen in Fig, 1b of Kwak, there is a space/gap between the claimed assembly [#110] and the adapter [#120] and the positioning hole [142a]; therefore it is the Examiners position, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the structure of Kwak in order to have the spacing to be within the recited range as one would have a reasonable expectation of success and this would enhance the performance of the battery. In addition, “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/S.G./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729