Patent Application 16771650 - CYLINDRICAL LITHIUM ION SECONDARY BATTERY - Rejection

Patent Application 16771650 - CYLINDRICAL LITHIUM ION SECONDARY BATTERY

Title: CYLINDRICAL LITHIUM ION SECONDARY BATTERY

Application Information

• Invention Title: CYLINDRICAL LITHIUM ION SECONDARY BATTERY
• Application Number: 16771650
• Submission Date: 2025-05-20T00:00:00.000Z
• Effective Filing Date: 2020-06-10T00:00:00.000Z
• Filing Date: 2020-06-10T00:00:00.000Z
• National Class: 429
• National Sub-Class: 056000
• Examiner Employee Number: 96585
• Art Unit: 1728
• Tech Center: 1700

Rejection Summary

• 102 Rejections: 0
• 103 Rejections: 4

Cited Patents

No patents were cited in this rejection.

Office Action Text

    DETAILED CORRESPONDENCE
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
Amendment filed 02/18/2025 has been entered.  Claim 1 has been amended. Claims 1-7 and 10-11 are now pending in this application.
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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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, 3, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang (KR 20170012138A) in view of Komatsu (JPH08153510A) and Kim (KR-100954587-B1) (see enclosed translations for references).

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Regarding claim 1,
Hwang teaches a cylindrical lithium ion secondary battery (Fig. 4, 100) comprising: a cylindrical can (Fig. 4, 110), an electrode assembly received in the cylindrical can (Fig. 4, ED; [0041]), and a cap assembly (Fig. 4, 130; [0041]) for sealing the cylindrical can, wherein the cap assembly comprises a top plate having a flat surface (Fig. 7, 124) on which a notch is formed (Fig. 4, 310), a middle plate coupled to the top plate (Fig. 10, 122), and a bottom plate electrically connected with the electrode assembly (Fig. 10, 126; [0040]) electrically insulated from the middle plate (wherein Fig. 10, 127 is an insulator between the middle and bottom plate), wherein the bottom plate includes one groove (annotated Fig . 2, groove) configured to be broken by an internal gas pressure of the cylindrical can so as to disconnect the bottom plate from the top plate before the top plate is ruptured (see [0047], which describes how breaking the notch thereof electrically disconnects the bottom plate and the top plate and increases the minimum rupture pressure such that the safety vent opens (Fig. 7, 122) before the battery is exploded, or ruptured).
The examiner notes that while Fig. 10 merely describes a conventional secondary battery, the primary undesirable feature of such is described as the particular way the middle plate is bent when attaching to the cap assembly (see Fig. 10 description), such that short is caused due to melting near the gasket.  Since the top plate 124 does not require the undesirable feature thereof, like using the downward bend seen in the notched, uppermost plate of Fig. 4, it may be cheaper to make fewer altercations to existing, streamlined manufacturing methods.  Thus, it would be obvious to one of ordinary skill in the art to modify the conventional battery of Fig. 10, and its top plate, with the features of the other embodiments, as described above, to prevent melting near the gasket, and thus a short. 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 1966) (see MPEP § 2144.04).
Hwang fails to teach the a first thru-hole is formed in the center of a middle plate, and a bottom plate connected to the top plate via the first thru-hole.  Komatsu teaches a thru-hole (Fig. 1, 3a; “central hole”) is formed in the center of a middle plate (Fig. 1, 3), and a protruding part of a bottom plate (Fig. 1, 5) is inserted into the hole part (Fig. 1, 3a), such that the bottom plate and the top plate (Fig. 1, 1; “metal explosion-proof valve”) are connected allowing for ventilation.   Komatsu also teaches one or more welding regions formed between the top plate and the middle plate, wherein the one or more welding regions are located between the first through-hole and a peripheral edge of the middle plate (Komatsu, Fig. 4, wherein S is between through hole 5a and a peripheral edge of middle plate 5; [0020], “welded portion S”) as a means for enabling the route for ventilation by holding together the plates of the cap assembly.  Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date to combine the thru-hole connecting the top and bottom plate and one or more welding regions formed between the top plate and the middle plate, as taught by Komatsu, with the cylindrical lithium battery taught by Hwang in order to create a route for ventilation.  The combination of familiar elements is likely to be obvious when it does no more than yield predictable results. See KSR International Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, A.). 
While Hwang emphasizes the importance of bending the top plate around the middle plate (Fig. 3, bent portion 1221) to improve adhesion [0053], modified Hwang fails to teach wherein the top plate and the middle plate are welded to each other at one or more welding regions are located between the notch of Hwang and an outer peripheral edge of the middle plate.  Kim teaches wherein the top plate and the middle plate are welded to each other at one or more welding regions are located at an outer peripheral edge of the middle plate (Fig. 2a, top plate 80 and middle plate 60; [0050], “welded” … in order to “integrate”) such that when 60 is fractured by action of the vent [0046], the bond between the top plate and middle plate is maintained.  Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to have wherein the top plate and the middle plate are welded to each other at one or more welding regions are located at outer peripheral edge of the middle plate, as taught by Takeshi, in order to improve the bonding between the top and middle plate such that the cap assembly is more integrally formed, especially during operation of the vent which fractures the central region of the cap assembly.  
Accordingly, the combined teachings of modified Hwang include wherein the one or more welding regions are located between the notch of Hwang and an outer peripheral edge of the middle plate to act as a hinge point upon fracture of the top plate.
Regarding claim 3,

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Modified Hwang teaches cylindrical lithium ion secondary battery of claim 1 (see elements of claim 1 above), wherein the top plate includes a flat upper region (Fig. 10, 124) positioned on the middle plate (Fig. 10, 122), a side region downwardly bent from the upper region (annotated Fig. 10, side region) and positioned at a side portion of the middle plate (annotated Fig. 10, 122, near magnified portion), and a lower region bent from the side region and positioned at a bottom portion of the middle plate (annotated Fig. 10, lower region).  Examiner interprets the term “on” to mean in contact with or superimposed over.
Regarding claim 6,
Modified Hwang teaches the cylindrical lithium-ion secondary battery of claim 1 (see elements of claim 1 above), wherein, when the internal gas pressure of the cylindrical can is larger than a predetermined first pressure and smaller than a predetermined second pressure ([0046-0050], “operating pressure… fracture pressure…less than” the top plate is upwardly convexly deformed by the internal gas pressure (Fig. 6, [0047], matching Fig. 2A of instant application), and the top plate is electrically disconnected from the bottom plate [0047] [0050].  It is the examiner’s position that an internal pressure exerts an outward force that results in a convex deformation.  
Claims 2-4 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang (KR 20170012138A) in view of Komatsu (JPH08153510A), and Jung (KR 20080055229A) (see enclosed translations for references).
Regarding claim 2,
Modified Hwang teaches the cylindrical lithium ion secondary battery of claim 1 (see elements of claim 1 above), wherein the top plate includes a flat top surface and a flat bottom surface opposite to the top surface (Fig. 4, 122), but fails to teach the notch formed on the bottom surface.  Jung teaches the notch (Fig. 2, 154) formed on a bottom surface (Fig. 2, 110), such that “the safety vent 150 can be more smoothly ruptured”.  It would be obvious to one of ordinary skill in the art to combine the notch formed on the bottom surface as taught by Jung with the cylindrical lithium ion secondary battery taught by modified Hwang in order to allow for a smoother, and thus safer, rupture.  
Regarding claim 4,
Modified Hwang teaches the cylindrical lithium-ion secondary battery of claim 1 (see annotated Fig. 1 above), wherein the notch is formed at an exterior side (Jung, Fig. 2, 154) of a region corresponding to the first through-hole of the middle plate (Komatsu, Fig. 1, 3a; “central hole”).  The examiner interprets “exterior side” to mean anything level with the exterior surface of the through-hole. 
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hwang (KR 20170012138A) in view of Komatsu (JPH08153510A) and Jung (KR20100125951A) (see enclosed translations for references). 
Regarding claim 5,
Modified Hwang teaches the cylindrical lithium-ion secondary battery of claim 1 (see elements of claim 1 above), but fails to teach wherein the middle plate further includes a plurality of second through-holes formed around the first through-hole.  Jung teaches a middle plate (Fig. 1, 440; in the middle of 510), with a plurality of through-holes (Fig. 3a, 443) around the center to aid in ventilation.  It would be obvious to one of ordinary skill in the art before the effective filing date to combine the through-holes taught by Jung with the cylindrical battery taught by modified Hwang in order to improve ventilation.
Claims 7, 10, and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Hwang (KR 20170012138A) in view of Komatsu (JPH08153510A), Jung (KR 20080055229A), and Jung (KR20100125951A) (see enclosed translations for references).
Regarding claim 7,
Modified Hwang teaches the cylindrical lithium ion secondary battery of claim 6 (see element of claim 6 above), wherein, when the internal gas pressure of the cylindrical can is larger than the predetermined second pressure, the notch (Jung 2008)  is broken, and the internal gas of the cylindrical can is then released to the outside of the cylindrical can, (Jung 2010 , [005], “When the burst pressure is exceeded, as shown in FIG. 4C, the notch 434 of the safety vent 430 is broken, and the gas inside the battery is discharged to the outside”).
As such, it would be obvious to one of ordinary skill in the art to provide this structure in order to ensure safety of the battery.
Regarding claim 10,
Modified Hwang teaches the cylindrical lithium-ion secondary battery of claim 9 (see elements of claim 9 above), wherein a middle plate (Jung, Fig. 1, 440; in the middle of 510), with a plurality of through-holes (Jung, Fig. 3a, 443) around the center to aid in ventilation, and that the one or more welding regions are located between the plurality of second through holes and the peripheral edge (see elements of claim 9 above).  
Regarding claim 11,
The cylindrical lithium-ion secondary battery of claim 1, further comprising an insulating plate between the bottom plate and the middle plate (Fig. 10, 127 between 126 and 122).
Response to Arguments
Applicant’s arguments, see “Remarks”, filed 02/18/2025, have been fully considered and, due to the amendments, are persuasive.  Therefore, the rejection has been withdrawn.  However, upon further consideration, a new ground(s) of rejection is made in view of Kim (KR-100954587-B1).
Regarding claim 1,
Applicant argues Takeshi fails to teach wherein the top plate and middle plate are welded and wherein the one or more welding regions between the notch and the outer peripheral edge of the middle plate act as a hinge point upon fracture of the top plate.  However, this argument is moot in light of the updated rejection in view of Kim, wherein Kim teaches wherein the top plate and the middle plate are welded to each other at one or more welding regions are located at an outer peripheral edge of the middle plate (Fig. 2a, top plate 80 and middle plate 60; [0050], “welded” … in order to “integrate”) such that when 60 is fractured by action of the vent [0046], the bond between the top plate and middle plate is maintained.  Therefore, it would be obvious to one of ordinary skill in the art before the effective filing date of the present invention to have wherein the top plate and the middle plate are welded to each other at one or more welding regions are located at outer peripheral edge of the middle plate, as taught by Takeshi, in order to improve the bonding between the top and middle plate such that the cap assembly is more integrally formed, especially during operation of the vent which fractures the central region of the cap assembly.  
Accordingly, the combined teachings of modified Hwang includes wherein the one or more welding regions are located between the notch of Hwang and an outer peripheral edge of the middle plate to act as a hinge point upon fracture of the top plate.
Regarding claims 2-7 and 10-11,
Applicant argues that claims 2-7 and 10-11 should be allowable due to their dependency on an allowable claim 1, but this is not persuasive because the rejection on claim 1 is sustained.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PAUL WYROUGH whose telephone number is (571)272-4806.  The examiner can normally be reached on Monday-Friday 10am-5pm.
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/PAUL CHRISTIAN ST WYROUGH/Examiner, Art Unit 1728    


/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728