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 .
Status of the Claims
The amendment/remarks submitted 05/28/2026 have been entered and fully considered. Claims 1-8, 10-11, and 15-23 are pending. Claims 9 and 12-14 are cancelled. Claims 20-23 are new. Claims 1 and 10-11 are amended. Claims 1-8, 10-11, and 15-23 are examined herein.
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.
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 1-2, 5, 7-8, 10-11, 15, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2023/092757 A1 (“Xu ‘757” – US 2024/0178493 A1 cited herein as an English language equivalent) in view of CN 219371300 U (“Sun” – machine translation cited herein).
Regarding claim 1, Xu ‘757 discloses a battery cell 20 (Abstract) comprising: a housing 21 (“shell”) having an end cap 23 (“wall portion”) (Figs 3, 4, 7; [0066]-[0068]); an electrode terminal 24 mounted on the end cap 23 in an insulated manner (via e.g. insulating member 25) (Figs. 5, 6, 8); and an electrode assembly 22 accommodated in the housing 21 (Figs. 3, 4, 7).
The electrode assembly 22 comprises a main body 221, a first tab 222, and a second tab 223 (Fig. 3; [0082]). The first tab 222 and the second tab 223 have opposite polarities ([0082]). The first tab 222 and the second tab 223 are both arranged at one end of the main body 21 facing the end cap 23 (Figs. 4-8; [0082]).
In the thickness direction Z of the end cap 23 (“thickness direction of the wall portion”), the end cap 23 has a first surface facing the electrode assembly 22 and a second surface facing away from the first surface (Fig. 6; [0136]-[0139]). A second connecting part 234 (“connecting portion”) is arranged to protrude from the inner surface 231 and a second concave part 233 (“groove”) is formed on the second surface corresponding to a position of the second connecting part 234 (Fig. 6; [0154]-[0157]). The second connecting part 234 is electrically connected to the first tab 222, and the electrode terminal 24 is electrically connected to the second tab 223 (Fig. 6; [0154], [0159]).
Xu ‘757 further discloses the end cap 23 and the first tab 222 are connected through a first current collector ([0091]). While Xu ‘757 is silent regarding the means of electrical connection through the first current collector, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to have welded a groove bottom wall of the second concave part 233 to the first current collector, thereby electrically connect the first tab 222 and the end cap 23, because welding is a method of electrical connection well-known in the art and Xu ‘757 teaches welding forms a stable connection ([0107]).
Xu ‘757 further discloses electrode terminal 24 and the second tab 223 are connected through a current collector (“second current collecting member”) ([0091]). The first and second current collecting members must be arranged at an interval, otherwise the battery cell would short itself. Moreover, an insulating member 25 is disposed between 1) the first tab 222 and the end cap 23 and 2) the second tab 223 and the electrode terminal 24 (Fig. 5).
As shown in Fig. 6, the battery cell comprises an insulating member 25 (“first insulating member”) arranged between the electrode assembly 22 and the end cap 23. Since the insulating member separates the first tab 222 from the second tab 223, it insulates and isolates the first current collecting member from the second current collecting member.
Xu ‘757 is silent regarding in the thickness direction of the wall portion, a projection area of the groove is S1, a projection area of the wall portion is S2, meeting 0.1S2≤S1≤0.5S2. However, Xu ‘757 teaches the shape of the first tab 222 is formed so as to facilitate realization of a large area of overcurrent between the first tab 222 and the end cap 23 ([0103]). The area of contact between the first tab 222 and the end cap 23 correlates with the projection area of the groove is S1 (see e.g. Fig. 6). However, space must also be made for the electrode terminal 24 at the center of the battery cell, for the electrical insulation of the end cap 23 and the first terminal 24, and for crimping the housing 21 around the end cap 23 (Figs. 5, 6). In view of these factors, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to optimize the claimed relationship between S1 and S2 through routine experimentation. "[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." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). See MPEP 2144.05(II).
Xu ‘757 does not expressly disclose the first insulating member is provided with a first mounting hole and a second mounting hole arranged at an interval, the first current collecting member is arranged in the first mounting hole, and the second current collecting member is arranged in the second mounting hole, the first insulating member comprises: a first insulator of an annular structure; and a second insulator connected to the first insulator, wherein the second insulator is configured to separate an internal space of the first insulator into the first mounting hole and the second mounting hole, and the second insulator is located between the first current collecting member and the second current collecting member.
Sun discloses a cylindrical battery wherein first tab 221 and current collector 5 are disposed within a first mounting hole of insulating component 6, and second tab 222 and current collector 5 are provided within a second mounting hole (Fig. 2; [0058]). The insulating component 6 contains a body portion 61 (“second insulator”) containing the first and second mounting holes and an insulating cylinder (“first insulator”) which is cylindrical (i.e. annular) and connected to the body portion ([0058]). The claimed configuration would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention because it amounts to an alternative insulator/current collecting structure known in the art which would yield predictable results. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 2, modified Xu ‘757 discloses the battery cell of claim 1. While Xu ‘757 does not expressly disclose the minimum width of the groove is W, meeting W≥5 mm, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to optimize the minimum width of the groove W through routine experimentation as Wu teaches the shape of the first tab 222 is formed so as to facilitate realization of a large area of overcurrent between the first tab 222 and the end cap 23 ([0103]) and the width W correlates to the width of the first tab 222 (see Fig. 5). Moreover, the width W would directly depend on the dimensions of the cell. For example, 18650 cells (18 mm diameter) would necessitate a smaller width W than 4680 cells (46 mm diameter). “Where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device.” Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). In this case, changing the width W in view of changing the relative size of the battery cell would not change the operation of the battery cell and would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention.
Regarding claim 5, modified Xu ‘757 discloses the battery cell of claim 1. Xu ‘757 is silent regarding in the thickness direction of the wall portion, a dimension of the connecting portion protruding from the first surface is D1, meeting D1≤8 mm. However, Xu discloses a thickness of the second connecting part 234 of the end cap 23 which is provided for welding with the first tab 222 is relatively small compared to thickness of other parts of the end cap 23, which facilitates welding of the second connecting part 234 to the first tab 222 through penetration welding, ensuring firmness of welding of the end cap 23 with the first tab 222 ([0161]). For this reason, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to optimize the thickness D1 as claimed through routine experimentation.
Regarding claim 7, modified Xu ‘757 discloses the battery cell of claim 1. Xu ‘757 further discloses the end cap 23 has an assembly hole which penetrates the end cap 23 in the thickness direction Z of the end cap 23 (Fig. 4). The electrode terminal 24 is arranged in the assembly hole and protrudes from the first surface (Figs. 5, 6).
Regarding claim 8, modified Xu ‘757 discloses the battery cell of claim 7. Xu ‘757 is silent regarding in the thickness direction of the wall portion, a dimension of the connecting portion protruding from the first surface is D1, and a dimension of the electrode terminal protruding from the first surface is D2, meeting D1=D2. However, Xu ‘757 discloses that a thickness of the first connecting part 242 of the electrode terminal 24 (analogous to the thickness D2) that is provided for welding with the second tab 223 is relatively small compared to thickness of other parts of the electrode terminal 24, which facilitates welding of the first connecting part 242 to the second tab 223 through penetration welding, ensuring firmness of welding of the electrode terminal 24 with the second tab 223. Xu ‘757 further discloses that a thickness of the second connecting part 234 of the end cap 23 (analogous to the thickness D2) which is provided for welding with the first tab 222 is relatively small compared to thickness of other parts of the end cap 23, which facilitates welding of the second connecting part 234 to the first tab 222 through penetration welding, ensuring firmness of welding of the end cap 23with the first tab 222. For these reasons, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to optimize the thicknesses D1 and D2, including such that D1=D2, as claimed through routine experimentation.
Regarding claim 10, modified Xu ‘757 discloses the battery cell of claim 9. Xu ‘757 further discloses that an abutting surface 243 of the electrode terminal 24 is flush with the inner surface 231 of the end cap 23 ([0136]-[0138]). The first current collecting member has a third surface facing the inner surface 231 and the second current collecting member has a fourth surface facing the abutting surface 243. Since the abutting surface 243 is flush with the inner surface 231, the third surface of the first current collecting member is flush with the fourth surface of the second current collecting member.
Regarding claim 11, modified Xu ‘757 discloses the battery cell of claim 9. Xu ‘757 further discloses that an abutting surface 243 of the electrode terminal 24 is flush with the inner surface 231 of the end cap 23 ([0136]-[0138]). The first tab 222 has a fifth surface facing the end cap 23, and the first current collecting member is connected to the fifth surface. The second tab 223 has a sixth surface facing the end cap 23, and the second current collecting member is connected to the sixth surface. While Xu ‘757 is silent regarding the fifth surface being flush with the sixth surface, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide such a configuration in view of the teaching of the abutting surface 243 being flush with the inner surface 231 and such a configuration enabling the use of current collectors having the same thickness, enabling decreases in material costs.
Regarding claim 15, modified Xu ‘757 discloses the battery cell of claim 1. As shown in Fig. 3, the housing 21 is cylindrical and a central axis of the shell extends in the thickness direction Z of the end cap 23.
Regarding claim 17, modified Xu ‘757 discloses the battery cell of claim 1. As shown in Figs. 3 and 4, the housing 21 comprises a case provided with an accommodating cavity having an opening formed therein, wherein the accommodating cavity is configured to accommodate the electrode assembly 22; and an end cover closing the opening; wherein the end cover is the wall portion.
Regarding claims 18-19, modified Xu ‘757 discloses the battery cell of claim 1. Xu ‘757 discloses a battery comprising the battery cell ([0064]) and a vehicle 1000 comprising the battery cell (Fig. 1; [0074]-[0076]).
Claims 3-4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2023/092757 A1 (“Xu ‘757” – US 2024/0178493 A1 cited herein as an English language equivalent) in view of CN 219371300 U (“Sun” – machine translation cited herein) as applied to claim 1 above, and further in view of WO 2023/092450 A1 (“Xu ‘450” – US 2024/0250283 A1 cited herein as an English language equivalent).
Regarding claims 3 and 6, modified Xu ‘757 discloses the battery cell of claim 1. Xu ‘757 does not expressly disclose the groove is an arc-shaped groove extending in an arc trajectory [claim 3] or a plurality of the connecting portions are arranged to protrude from the first surface [claim 6].
Xu ‘450 discloses a battery cell 100 comprising an electrode assembly 100 (Figs. 4, 5). The electrode assembly comprises a second electrode tab 22 (analogous to the first tab 222 of Xu ‘757). An end cap assembly 102 comprises an end cap body 2021, wherein a plurality of second grooves 1021’ are connected to the second electrode tab 22 (Figs. 8-12; [0022]-[0025], [0176]-[0183], [0210]). As shown in Fig. 7, the second grooves 1021’ are arc shaped and extend in an arc trajectory. It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to provide the configuration of a plurality of arc shaped grooves as taught by Wu ‘450 because this amounts to substitution of one configuration for another known in the art to obtain predictable results. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 4, modified Xu ‘757 discloses the battery cell of claim 3. As seen in Xu ‘757 (Fig. 3), the housing 21 is cylindrical and a central axis of the housing 21 extends in the thickness direction of the end cap 23. As seen in Fig. 4 of Xu ‘450, the central axis passes through a center of the arc trajectory of the groove.
Claims 16 and 23 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2023/092757 A1 (“Xu ‘757” – US 2024/0178493 A1 cited herein as an English language equivalent) in view of CN 219371300 U (“Sun” – machine translation cited herein) as applied to claim 1 above, and further in view of US 2023/0411808 (“Li”).
Regarding claim 16, modified Xu ‘757 discloses the battery cell of claim 1. Xu ‘757 discloses the housing 21 comprises a side wall a configuration wherein the end cap 23 is disposed in an opening of the housing 21. Xu ‘757 does not expressly disclose the case comprising the wall portion, wherein the side wall encloses a periphery of the wall portion, and in the thickness direction of the wall portion, one end of the side wall is connected to the wall portion, the other end encloses to form an opening, and the side wall and the wall portion together define an accommodating cavity for accommodating the electrode assembly; and an end cover closing the opening.
Li discloses a cylindrical battery (Abstract). Li discloses alternative electrode terminal and housing configurations. In Fig. 3, housing 1 comprises includes a bottom wall 11 and a side wall 12 arranged on the edge of the bottom wall 11, and the bottom wall 11 and the side wall 12 are integrally molded, wherein an opening of the side wall is sealed by top cover 3 and electrode terminal 4 is disposed in the top cover 3 (similar to the configuration of Xu ‘757) ([0064]). In Fig. 4, the side wall 12 and the top cover 3 are integrally molded, the bottom wall 11 and the side wall 12 are arranged separately, wherein terminal 4 is provided in an opening of bottom wall 11 ([0065]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use the claimed configuration as Li shows them to be alternative configuration known in the art for the same purpose.
Regarding claim 23, modified Xu ‘757 discloses the battery cell of claim 16. The battery cell of modified Xu ‘757 does not appear to be orientation specific, that is the battery cell would function as intended if positioned upside down. Therefore, the instant claim does not structurally distinguish over the battery cell of the battery cell of modified Xu ‘757.
Claims 20-22 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2023/092757 A1 (“Xu ‘757” – US 2024/0178493 A1 cited herein as an English language equivalent) in view of CN 219371300 U (“Sun” – machine translation cited herein) as applied to claim 1 above, and further in view of CN 116914279 A (“Xu ‘279” – machine translation cited herein) or WO 2025/055149 A1. (The WO publication appears to have the same disclosure as Xu ‘279 and is available as prior art under 35 USC 102(a)(2). For simplicity, the rejection below cites Xu ‘279; however, the same rationale applies to the WO publication.)
Regarding claim 20, modified Xu ‘757 discloses the battery cell of claim 1. Xu ‘757 discloses the first tab 222 and the second tab 223 may be strip-like structures, and in the case, the first tab 222 and the second tab 223 may be disposed on the same end of the main body 221 and spaced apart with each other ([0088]). Modified Xu ‘757 does not expressly disclose the second insulator is located on an inner side of the first insulator, and both ends of the second insulator are connected to an inner circumferential surface of the first insulator, such that the first insulator and the second insulator jointly define the first mounting hole and the second mounting hole.
Xu ‘279 discloses a battery comprising an electrode assembly including a main body 120, a first electrode tab 121, and a second electrode tab 122 (Fig. 4; [0114]). The battery further comprises a second insulating member 16 including an insulating element body 161 (“first insulator”) and a partition strip 162 (“second insulator”). As shown in Fig. 4, the partition strip 162 is located on an inner side of the insulating element body 161 and both ends of the partition strip 162 are connected to an inner circumferential surface of the first insulator, such that the insulating element body 161 and the partition strip 162 jointly define the first mounting hole and the second mounting hole (in which adapters 14 and 15, analogous to current collectors, are disposed). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use the insulator structure disclosed by Xu ‘279 because it amounts to an alternative insulator/current collecting structure known in the art which would yield predictable results. KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007).
Regarding claim 21, modified Xu ‘757 discloses the battery cell of claim 20. As shown in Fig. 4 of Xu ‘279, the insulating element body 161 surrounds outer sides of adapters 14 and 15, analogous to the first and second current collecting members, and the partition strip 162 is located between the adapters 14 and 15.
Regarding claim 21, modified Xu ‘757 discloses the battery cell of claim 20. As shown in Fig. 4 and described in [0161]-[0162] of Xu ‘279, the insulating element body 161 and the partition strip 162 are integrally formed.
Response to Arguments
Applicant's arguments filed 05/28/2026 have been fully considered but they are not persuasive.
Applicant argues that secondary reference Sun does not cure the deficiencies of Xu ‘757 and that Sun is directed to a cylindrical battery including an insulating film wrapped around the outer peripheral surface of a battery core so as to facilitate insulation-film assembly and avoid wrinkling. See pp. 7-8. This argument is not persuasive. Sun is not limited to the disclosure of the insulation-film assembly. Sun discloses a cylindrical battery wherein first tab 221 and current collector 5 are disposed within a first mounting hole of insulating component 6, and second tab 222 and current collector 5 are provided within a second mounting hole (Fig. 2; [0058]). The insulating component 6 contains a body portion 61 (“second insulator”) containing the first and second mounting holes and an insulating cylinder (“first insulator”) which is cylindrical (i.e. annular) and connected to the body portion ([0058]). It is noted that “[t]he use of patents as references is not limited to what the patentees describe as their own inventions or to the problems with which they are concerned. They are part of the literature of the art, relevant for all they contain." In re Heck, 699 F.2d 1331, 1332-33, 216 USPQ 1038, 1039 (Fed. Cir. 1983) (quoting In re Lemelson, 397 F.2d 1006, 1009, 158 USPQ 275, 277 (CCPA 1968)). See MPEP 2123.
Moreover, in response to applicant's arguments against the references individually, one cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Conclusion
THIS ACTION IS MADE FINAL. 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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Scott Carrico whose telephone number is (571)270-5504. The examiner can normally be reached Monday-Friday 9:15AM-6PM ET.
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Robert Scott Carrico
Primary Examiner
Art Unit 1727
/Robert S Carrico/Primary Examiner, Art Unit 1727
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