Application No.: 16/634,652
`
`Docket No.: P200028US00
`
`REMARKS
`
`By this Amendment, claims 1 and 5-9 are pending. Claim 1
`
`is herein amended to
`
`incorporate the previously pending aspects of claims 2-4, along with a clarification that the
`
`section P4 covers “an innerlateral side surface” of the holes of the metal plate. Minor, editorial
`
`changes are also made in amended claim 1. Claims 2-4 are canceled without prejudice or
`
`disclaimer. New claims 8 and 9 are added. Support may be foundin the original disclosure,
`
`such as claims 1, 2 and 3 as well as Fig. 2. Further support is detailed below.
`
`Applicant’s Response to the Claim Rejections under 35 U.S.C.§103
`
`Claims 1-3 and 5-6 are rejected under 35 U.S.C. § 103 as being unpatentable over
`
`Kim etal. (“Kim”, US 20090061310 A1).
`
`Claims 4 and 7 are rejected under 35 U.S.C. § 103 as being unpatentable over Kim
`
`as applied to claims 1 and 3 above, and further in view of Kim et al. (“Kim2”, US
`
`20050084752 A1).
`
`With amended claim 1 incorporating the previously pending aspects of claims 2-4, the
`
`aboverejections are addressed concurrently for the sake of clarity and brevity.
`
`In response thereto, applicant respectfully submits that the claims as now presented are
`
`not obvious over Kim in view of Kim2 for at least the reason that the combination does not
`
`provide for all the aspects of the claims, nor is there any rationale prompting a skilled artisan to
`
`modify the combination so as to derive the current invention.
`
`Specifically, Kim in view of Kim2at least fails to provide for the aspects of parent claim
`
`1 as to the insulating member has a section P1 that covers a surface, on the valve memberside,
`
`of the metal plate, a section P2 that is provided subsequent to the section Pl and covers a
`
`

`

`Application No.: 16/634,652
`
`Docket No.: P200028US00
`
`circumferential end face of the metal plate, and a section P3 that 1s provided subsequentto the
`
`section P2 and covers a surface, on an innerside ofthe battery, of the metal plate, and the section
`
`P3 is provided to cover an area greater than or equal to 0.2 mm from the circumferential end face
`
`of the surface, on the inner side of the battery, of the metal plate toward a center, wherein the
`
`metal plate and the insulating member have respective holes which communicate with each
`
`other, wherein the insulating member further has a section P4 that is provided subsequent to the
`
`section P1 and covers an innerlateral side surface of the holes of the metal plate, and wherein the
`
`insulating member further has a section P5 that is provided subsequent to the section P4 and
`
`covers the surface, on the innerside of the battery, of the metalplate.
`
`Per page 3 bridging page 6 of the Office Action, the rejection maintains that Kim teaches
`
`a cylindrical battery reading on all the aspects previously recited in claim 1, except that Kim
`
`does not explicitly teach that the conductive plate is a metal plate, and a specific size of section
`
`P3 as instantly claimed. The rejection nevertheless asserts that those aspects would have been
`
`within the ordinary abilities of a skilled artisan. Further, the rejection per page 7 bridging page 8
`
`of the Office Action acknowledges that Kim lacks “wherein the insulating member further has a
`
`section P5 that is provided subsequent to the section P4 and covers the surface, on the inner side
`
`of the battery, of the metal plate,’ previously recited in claim 4 and now incorporated in
`
`amended claim 1. Kim2is cited to fulfil this missing aspect.
`
`Applicant respectfully submits that now amended claim 1
`
`requiring the insulating
`
`member have the sections P1 through P5 as set forth above could not have been derived from
`
`Kim in view of Kim2.
`
`Specifically, the current rejection identifies “insulator 140” and “cap-down 130” of Kim
`
`as reading on the insulating member and the metal plate, respectively, instantly claimed. The
`
`

`

`Application No.: 16/634,652
`
`Docket No.: P200028US00
`
`alleged insulating member 140 and metal plate 130 as taught by Kim are part of a cap assembly
`
`which is assembled by coupling the insulator 140 and the cap-down 130 with each other “by
`
`engagement between a plurality of protrusions 141 of the insulator 140 and a plurality of holes
`
`132 of the cap-down 130” (40053, Figs. 1A-1B, “The First Embodiment’), or alternatively, “by
`
`the second fastening members 143 of the insulator 140 [wherein] the cap-down 130 is vertically
`
`pressed by the
`
`second fastening members
`
`143”
`
`(0063, Figs. 2A-2B,
`
`“The Second
`
`Embodiment’) at the outer circumference of the cap-down 130. The rejection equates the
`
`protrusions 141 with the section P4, and the second fastening members 143 with the section P3.
`
`Relevant parts of Figs. 1A and 2B of Kim are reproduced below for easy reference.
`
`
`
`Kim Fig. 1A (left) and Fig. 2B (right), clipped
`
`While the alleged insulating member 140 as taught by Kim lacks the section P5, the
`
`rejection asserts that
`
`the device of Kim would be
`
`230
`
`reading on the requisite section P5, so as to obtain an insulating memberhaving all the sections P1 to P5 as
`
`modifiable by incorporating the teaching of Kim2,
`
`which teaches an “insulating gasket 235” allegedly
`
`instantly claimed. Kim2 per paragraph [0023] there of
`
`Kim? Fig. 2
`
`

`

`Application No.: 16/634,652
`
`Docket No.: P200028US00
`
`teaches an assembly procedure wherein “insulating gasket 235 is molded”so as to be integrated
`
`with elements 231, 232, 233 and 234 forming the cap lamination.
`
`Applicant respectfully notes that
`
`the suggested modification to incorporate Kim2’s
`
`molded gasket 235 would render Kim’s arrangementdifficult to implement, particularly in view
`
`of Kim’s assembly method where the alleged insulating member 140 and the alleged metal plate
`
`130 need to remain movable relative to each other in the vertical direction (i.e.,
`
`thickness
`
`direction of the alleged metal plate) so as to be coupled together, e.g., by engagement between
`
`the protrusions 141 and the holes 132, during the fabrication process. As such, the arguendo
`
`combination could not have led a skilled artisan to an insulating member having the sections P1
`
`to P5 as defined in amended claim 1, since the suggested modification would detract from
`
`practicality of Kim’s assembly method.
`
`Accordingly, applicant respectfully submits that the arguendo combination could not
`
`provide for all the aspects of amended claim 1 including, in particular, wherein the insulating
`
`memberfurther has a section P5 that is provided subsequent to the section P4 and covers the
`
`surface, on the inner side of the battery, of the metal plate. There would be no reasonto believe
`
`that the skilled artisan could have easily modified Kim’s assembly by incorporating Kim2’s
`
`molded insulating gasket, so as to arrive at the invention as now presented.
`
`Wherefore, applicant respectfully submits that claim 1 as now presented, as well as its
`
`respective dependent claims are not obvious over Kim in view of Kim2.
`
`New Claims
`
`New independent claim 8 requires, infer alia, that the insulating member further have a
`
`section P4 that is provided subsequentto the section P1 and coversa lateral side of at least one of
`
`

`

`Application No.: 16/634,652
`
`Docket No.: P200028US00
`
`the holes of the metal plate, wherein the at least one of the holes of the metal plate have a gap
`
`formedby a portion of the at least one of the holes of the metal plate which remains unfilled with
`
`the insulating member. New claim 9 depends on claim 8 andrecites that the section P4 covers
`
`the lateral side of each of the holes of the metal plate. Support may be found in the original
`
`disclosure, for example, at paragraph [0037] of the specification asfiled.
`
`As a potential interpretation of a structure related to the aforementioned aspects of claim
`
`8, having a gap formedby a portion of the holes of the metal plate which remains unfilled with
`
`the insulating member may allow for maintaining good insulation performance while also
`
`facilitating gas flow toward the valve memberinsidethe battery.
`
`While Kim teaches “a plurality of ventilation holes 131 of the cap-down 130” (40048)
`
`which appear to communicate with a central hole of the insulator 140 allowing a gasto travel
`
`therethrough, Kim fails to teach that the alleged insulating member 140 has a section P4 covering
`
`a lateral side of at least one of those holes 131. Further, while the alleged insulating member 140
`
`does extend into the plurality of holes 132 of the cap-down 130 for establishing engagement
`
`therebetween, Kim fails to teach the requisite “portion of the at lest one of the holes of the metal
`
`plate which remainsunfilled with the insulating member,” as instantly claimed. A skilled artisan
`
`would not modify Kim’s arrangement to leave a gap between the holes 132 and the protrusion
`
`141, where doing so would weaken the engagement betweenthe insulator 140 and the cap-down
`
`130 contrary to Kim’s inventive objective of achieving “a secondary battery having an increased
`
`coupling force among a vent plate, an insulator and a cap-down” (90015). Kim2 does not cure
`
`the deficiency of Kim.
`
`The referencesare silent as to filling only a part of the holes of the metal plate so as to
`
`provide an internal ventilation path or gap through the metal plate, as well as the gas flow via the
`
`10
`
`

`

`Application No.: 16/634,652
`
`Docket No.: P200028US00
`
`gaps in the metal plate. As such, the art of record could not have led a skilled artisan to the
`
`aforementioned aspects of the new claims.
`
`In view of the foregoing amendments and accompanying remarks, it is submitted that all
`
`pending claims are in condition for allowance. A prompt and favorable reconsideration of the
`
`rejection and an indication of allowability of all pending claims are earnestly solicited.
`
`If the Examiner believes that there are issues remaining to be resolved in this application,
`
`the Examineris invited to contact the undersigned attorney at the telephone number indicated
`
`below to arrange for an interview to expedite and complete prosecution ofthis case.
`
`If this paper is not timely filed, Applicants respectfully petition for an appropriate
`
`extension of time. The fees for such an extension or any other fees that may be due with respect
`
`to this paper may be charged to Deposit Account No. 50-2866.
`
`MJC/fo
`
`Respectfully submitted,
`
`WHDA, LLP
`
`/Michael J. Caridi/
`
`MichaelJ. Caridi
`Attorney for Applicants
`Registration No. 56,171
`Telephone: 703-827-3800
`Facsimile: 571-395-8753
`
`11
`
`