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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 21 October 2025 has been entered.
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 is incorrect, any correction of the statutory basis 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 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 1-8 and 12-15 are rejected under 35 U.S.C. 103 as being unpatentable over Cho et al (US 2023/0187741 Al) in view of Takahashi et al (US 2002/0106559 A1). The references hereinafter cited as Cho and Takahashi, respectively.
Regarding claim 1, Cho discloses a button-type secondary battery (“Referring to FIG. 1 to FIG. 4, the rechargeable battery 1” [0042]) comprising:
a can assembly (“the case of the battery” [0039]) configured to accommodate an electrode assembly (“an electrode assembly 30” [0042]) and an electrolyte (“The closing and sealing structure is formed in a structure that prevents the electrolyte solution and gas from leaking” [0047]),
wherein the can assembly comprises:
a lower can (220 Fig. 5; “second case” [0078]) configured to accommodate the electrode assembly and the electrolyte (“the side and upper surfaces of the electrode assembly 30 are accommodated and covered in the second case” [0044] and “form a space for accommodating the electrode assembly 30 and the electrolyte solution therein” [0064]) and to serve as a first electrode terminal (“second case acts as a negative terminal” [0061]);
an upper can (210 Fig. 5; “first case” [0077]) coupled to surround the lower can (the recited “upper” and “lower” limitations are interpreted as relative positions pertinent to MPEP 2144.04(VI)(C), which discloses In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) “with regard to the position … were held unpatentable because shifting the position … would not have modified the operation of the device”. One interpretation of Cho, which this Office Action utilizes, is the corresponding “upper can” as “first case 210” and the corresponding “lower can” as “second case 220”, because the structure relationship between first case 210 and second case 220 is such that first case 210 surrounds second case 220 as shown in Fig. 5 and “the second case 20 is mutually inserted and coupled to the first case 10” [0042]) and configured to serve as a second electrode terminal (“first case acts as a positive terminal” [0061]);
a gasket provided between the lower can and the upper can (“insulating material 40 includes an insulating material 41 interposed between the accommodating part 50 and the protruded part 60 when the first and second cases 10 and 20 are coupled to each other” [0046]) to seal a gap between the lower can and the upper can (“forms a closing and sealing structure to prevent leakage of an electrolyte solution when a microcavity occurs between the first and second cases” [0046]);
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wherein:
the lower can includes a bottom surface extending in a horizontal direction (refer to annotation of Fig. 5 above);
the lower can includes an outer surface which has a flat side along a vertical direction (refer to annotation of Fig. 5 above);
the lower can includes an inner surface extending in the vertical direction (refer to annotation of Fig. 5 above); and
the lower can includes a wall between and formed by the flat side and the inner surface (refer to annotation of Fig. 5 above);
a recessed lower coupling groove is not disposed on the outer surface, the flat side, or the inner surface (refer to annotation of Fig. 5 above); and
the recessed lower coupling groove is recessed inwardly from the flat side toward the inner surface (the recession of the corresponding recessed lower coupling groove in the annotation of Fig. 5 above is directed toward the corresponding inner vertical surface of second case 220), extending through part of the wall between the flat side and the inner surface (the corresponding recessed lower coupling groove extends through the wall formed by the corresponding inner and outer surfaces of second case 220).
Cho does not disclose
the gasket is a transparent gasket;
wherein a first leakage detection member configured to detect whether the electrolyte leaks is in close contact with the transparent gasket between the transparent gasket and the lower can; and
the first leakage detection member is provided with a recessed lower coupling groove.
However, Takahashi discloses a button-type secondary battery (“a power generating element” [0027]) comprising a can assembly (“A container for sealing the power generating element is constructed by the case 1, a sealing plate 2 that is made of stainless steel” [0027]) configured to accommodate an electrode assembly and an electrolyte (“obtained pellet-like positive electrode 4 is placed on a positive electrode collector 7 formed by applying a carbon coating to the bottom face of the case 1 and drying it. A negative electrode 5 is made of a lithium-aluminum alloy obtained by electrochemically alloying metallic lithium and aluminum … During the assembly of a battery, when an organic electrolyte is pored into the battery container” [0029]) wherein the can assembly comprises an upper can to surround a lower can (“upper” and “lower” in this limitation are interpreted as relative positions which MPEP 2144.04(VI)(C) about In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950) holds “with regard to the position … were held unpatentable because shifting the position … would not have modified the operation of the device”. The corresponding “upper can” in Takahashi is 1 Fig. 1, or “case 1” [0027], and the corresponding “lower can” is taken to be 2 Fig. 1 or “sealing plate 2” [0027], because case 1 surrounds sealing plate 2.), and a gasket between the lower can and the upper can (“a gasket 3 interposed between the case 1 from the sealing plate 2” [0027]) to seal a gap between the lower can and the upper can (“gasket 3 has a function of fluid-tightly sealing the power generating element in the battery container in addition to a function of insulating the case 1 from the sealing plate 2” [0027]).
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Takahashi teaches
the gasket is a transparent gasket (“an opalescent resin is used for the gasket” [0046] where “opalescent” describes some degree of transparency);
wherein a first leakage detection member (“a film of the sealant is represented as 9” [0028] that is referring to Fig. 1) configured to detect whether the electrolyte leaks (“Dyes used as coloring means together with organic and inorganic pigments are generally unstable with respect to an organic electrolyte, and have a possibility of dissolving. Thus, when an electrochemical element is stored in a long time, the dye component in the sealant may come in contact with the organic electrolyte to cause dissolution of the dye” [0043] and “the dye was added was affected by the heat during the reflow, and it was deemed that the electrolyte leakage occurred because dissolution of the dye in the organic electrolyte and degradation of the Sealing performance occurred in addition to degeneration of the dye” [0059]) is in close contact with the transparent gasket (a film of sealant 9 is disposed on a surface of gasket 3 that is adjacent to sealing plate 2 shown in Fig. 1, and more clearly marked in an annotation of Fig. 1 above) between the transparent gasket and the lower can (sealant 9 is disposed between gasket 3 and sealing plate 2 shown in Fig. 1); and
the first leakage detection member is provided with a recessed lower coupling groove (the film of sealant 9 marked in the annotation of Fig. 1 above comprises of grooves formed on the outer surface of sealing plate 2).
Takahashi further teaches that the gasket, when transparent, improves applied sealant recognition accuracy while the sealant is colored or pigmented due to the difference between the color of the gasket and saturation of the colored sealant ([0046]),
that the first leakage detection member recognizes a degradation of the sealing performance of the button-type secondary battery in addition to a degeneration of the dye ([0059]), and
the first leakage detection member combined with the cap assembly such that it is arranged on an outer surface of the lower can provided with a recessed lower coupling groove is a structure that creates a caulked sealing ([0028]) and is stable in high-temperature environment ([0041]) such that the first leakage detection member can follow an abrupt change in temperature that prevents electrolyte leakage without impairing the sealing characteristic of the secondary battery ([0037]).
Therefore, it would have been obvious for a person having ordinary skill in the art to replace the gasket of Cho with a transparent gasket taught by Takahashi, in order to improve the accuracy of the application of a first leakage detection member and therefore a sealing performance of the button-type secondary battery of Cho.
Additionally, it would have been obvious to add a first leakage detection member, which comprises of at least a dye component that dissolves when it comes into contact with an electrolyte, to the can assembly of modified Cho in further view of Takahashi,
wherein the first leakage detection member is configured to detect whether the electrolyte leaks is in close contact with the gasket and the lower can; and
the first leakage detection member is provided with a recessed lower coupling groove,
in order to achieve a means to recognize a degradation of the sealing performance of the button-type secondary battery in addition to the dissolution of the dye when it comes into contact with the electrolyte, and
is a structure that creates a caulked sealing that is stable in high-temperature environment such that the first leakage detection member can follow an abrupt change in temperature that prevents electrolyte leakage without impairing the sealing performance of the secondary battery.
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Regarding claim 2¸ modified Cho discloses the button-type secondary battery with all the features set forth in claim 1 above, and wherein the first leakage detection member is provided in the recessed lower coupling groove (the representation of the button-type secondary battery of Cho in view of Takahashi in the second figure of this Office Action above shows the corresponding leakage detection member is provided in the corresponding recessed lower coupling groove as indicated in the first figure of this Office Action above) and comprises a first leakage detection material (“dye was added” Takahashi [0059]) configured to detect leakage of the electrolyte passing between the transparent gasket and the recessed lower coupling groove of the lower can (“dissolution of the dye in the organic electrolyte and degradation of the Sealing performance occurred in addition to degeneration of the dye.” Takahashi [0059]) and a first adhesive material configured to allow the first leakage detection material to adhere to the recessed lower coupling groove so as to fix the first leakage detection material (Takahashi [0037] “the sealant of the present invention is composed mainly of an elastomer, it has a higher adhesive strength compared to the pitch as a known sealant. Therefore, even when the metal case, sealing body or gasket is expanded or shrunk due to an abrupt change in temperature during mounting by a reflow method, the sealant of the present invention can follow the change”).
Regarding claim 3, modified Cho discloses the button-type secondary battery with all the features set forth in claim 2 above, but does not disclose wherein a second leakage detection member is provided on an end of an inner surface of the upper can that is in close contact with the transparent gasket, and
the second leakage detection member is provided with a recessed upper coupling groove formed in the end of the inner surface of the upper can.
However, Takahashi teaches wherein a second leakage detection member is provided on an end of an inner surface of the upper can that is in close contact with the gasket (“The sealant is applied to an inner face portion of the gasket 3 that comes into contact with … an inner side portion of the case 1 from the raised portions through the peripheral portion of the bottom.” [0028], and marked in annotation of Takahashi Fig 1 below), and
the second leakage detection member is provided with a recessed upper coupling groove formed in the end of the inner surface of the upper can (annotation of Takahashi Fig. 1 below shows that the ends of the inner surface of case 1 has ends that are curved inwards such that the ends create a groove that the sealant 9 is formed in).
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Takahashi further teaches that this arrangement of the leakage detection members on the can assembly is part of the structure that creates the caulked sealing ([0028]) in the manufacturing of the button-type secondary battery, and is one that is stable in high-temperature environment ([0041]) such that the first and second leakage detection members can follow an abrupt change in temperature to prevent an electrolyte leakage without impairing the sealing characteristic of the secondary battery by a change in temperature ([0037]).
Therefore, it would have been obvious for a person having ordinary skill in the art to add a second leakage detection member to the can assembly of modified Cho in further view of Takahashi
wherein a second leakage detection member is provided on an end of an inner surface of the upper can that is in close contact with the transparent gasket, and
the second leakage detection member is provided with a recessed upper coupling groove formed in the end of the inner surface of the upper can,
in order to achieve a caulked sealing in the manufacturing of the button-type secondary battery, and is one that is stable in high-temperature environment such that the first and second leakage detection members can follow an abrupt change in temperature to prevent an electrolyte leakage without impairing the sealing characteristic of the secondary battery. A representation of the button-type secondary battery of Cho after this modification by teachings of Takahashi is shown as an annotation of Cho Fig. 5 below.
Regarding claim 4, modified Cho discloses the button-type secondary battery with all the features set forth in claim 3 above, and wherein the second leakage detection member is provided in the recessed upper coupling groove (the representation of the button-type secondary battery of Cho in view of Takahashi in the fourth figure of this Office Action above shows the corresponding leakage detection member is provided in a recessed groove of first case 210) and comprises a second leakage detection material configured to detect leakage of the electrolyte passing between the transparent gasket and the recessed upper coupling groove of the upper can (“dissolution of the dye in the organic electrolyte and degradation of the Sealing performance occurred in addition to degeneration of the dye.” Takahashi [0059]) and a second adhesive material configured to allow the second leakage detection material to adhere to the recessed upper coupling groove so as to fix the second leakage detection material (Takahashi [0037] “the sealant of the present invention is composed mainly of an elastomer, it has a higher adhesive strength compared to the pitch as a known sealant. Therefore, even when the metal case, sealing body or gasket is expanded or shrunk due to an abrupt change in temperature during mounting by a reflow method, the sealant of the present invention can follow the change”).
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Regarding claim 5, modified Cho discloses the button-type secondary battery with all the features set forth in claim 4 above, and wherein the first leakage detection material and the transparent gasket are heated to a set temperature and thermally fused to be integrated with each other (Takahashi teaches “Furthermore, by using elastomers for the sealant, it is possible to perform the reflow mounting of the electrochemical element in a temperature range of not lower than 260° C. corresponding to lead-free solder” [0064]).
Regarding claim 6, modified Cho discloses the button-type secondary battery with all the features set forth in claim 4 above, and wherein the recessed upper coupling groove is provided to be opened in a direction of the end of the upper can so that a portion of the second leakage detection material provided in the recessed upper coupling groove is exposed to an outside (annotation of Cho Fig. 5 above in rejection of claim 4 shows the corresponding second leakage detection member to be disposed between an outer surface of the gasket and the inner surface of first case 210 that faces the gasket because Takahashi teaches “in accordance with the structure of the present invention, the sealant can be applied in a uniform film thickness to predetermined positions, such as … the inside peripheral portion of the case and the gasket, thereby producing the effect of preventing occurrence of electrolyte leakage due to variations in the applied position” [0020]).
Regarding claim 7, modified Cho discloses the button-type secondary battery with all the features set forth in claim 1 above, and wherein a recessed lower insertion groove and an upper insertion groove are formed in a surface of the lower can (a groove is formed through the corresponding flat side of the outer surface of second case 220 of Cho) and a surface of the upper can (a groove is formed through the corresponding inner surface of first case 210 of Cho, and “accommodating part 250 is formed as a groove in the first case 210” Cho [0077]), which are in close contact with the transparent gasket, respectively (“insulating material 240 includes an insulating material 241 interposed between the accommodating part 250 and the protruded part 260 when the first and second cases 210 and 220 are coupled to each other” Cho [0080] ), and
wherein the recessed lower insertion groove and the recessed upper insertion groove are spaced apart from each other so as not to face each other (the insertion groove of second case 220 of Cho has a length in the vertical direction such that part of the corresponding recessed lower insertion groove is spaced apart in the vertical direction from the corresponding recessed upper insertion groove of first case 210).
Regarding claim 8, modified Cho discloses the button-type secondary battery with all the features set forth in claim 7 above, and wherein a portion of the transparent gasket is introduced into each of the recessed lower insertion groove and the recessed upper insertion groove by clamping of the lower can and the upper can to form a lower insertion protrusion and an upper insertion protrusion on a surface of the transparent gasket (Cho [0048]),
a contact area between the lower can and the transparent gasket increases by the lower insertion protrusion (Cho Fig. 5 shows that the groove formed past the corresponding flat side of the outer surface of second case 220 adds surface area of insulating material 41 that is in contact with second case 220), and
a contact area between the upper can and the transparent gasket increases by the upper insertion protrusion (Cho Fig. 5 shows that the groove formed past the corresponding inner surface of first case 210 adds surface area of insulating material 41 that is in contact with first case 210).
Regarding claim 12, modified Cho discloses the button-type secondary battery with all the features set forth in claim 1 above, and wherein the recessed lower coupling groove does not protrude outward from the flat side in the horizontal direction (refer to the first figure of this Office Action above that is an annotation of Cho Fig. 5).
Regarding claim 13, modified Cho discloses the button-type secondary battery with all the features set forth in claim 1 above, and wherein:
the recessed lower coupling groove is recessed inwardly by a distance from the flat side toward the inner surface and extends the same distance through part of the wall of the lower can (the first figure of this Office Action above that is an annotation of Cho Fig. 5 shows a depth of the corresponding recessed lower coupling groove in the horizontal direction is the same depth of extension into the part of the wall of second case 220); and
the distance is less than a thickness of the wall of the lower can (the first figure of this Office Action above that is an annotation of Cho Fig. 5 shows that the depth of the corresponding recessed lower coupling groove is less than the thickness of the corresponding wall formed by the outer and inner surfaces of second case 220).
Regarding claim 14, modified Cho discloses the button-type secondary battery with all the features set forth in claim 1 above, and wherein:
the first leakage detection member is in contact with the transparent gasket (the annotation of Cho Fig. 5 in rejection of claim 4 above shows insulating material 41 is in contact with the corresponding first leakage detection member); and
an entirety of the contact between the first leakage detection member and the transparent gasket is flat along the vertical direction (the third figure of this Office Action in rejection of claim 1 above, and is an annotation of Cho Fig. 5, shows that the contact between the first leakage detection member and insulating material 240 in the vertical direction is entirely flat).
Regarding claim 15, modified Cho discloses the button-type secondary battery with all the features set forth in claim 1 above, and wherein:
a second leakage detection member is in close contact with the transparent gasket (Takahashi “The sealant is applied to an inner face portion of the gasket 3 that comes into contact with … an inner side portion of the case 1 from the raised portions through the peripheral portion of the bottom.” [0028], and marked in annotation of Takahashi Fig 1 in rejection of claim 3 above);
the second leakage detection member is provided with a recessed upper coupling groove (Cho “first case 10 has a concave accommodating part 50 on the inner surface” [0042]);
the upper can includes a top surface extending in the horizontal direction (refer to annotation of Cho Fig. 5 below);
the upper can includes a second outer surface extending in the vertical direction (refer to annotation of Cho Fig. 5 below);
the upper can includes a second inner surface extending in the vertical direction (refer to annotation of Cho Fig. 5 below);
the upper can includes a second wall between and formed by the second outer surface and the second inner surface (refer to annotation of Cho Fig. 5 below); and
the recessed upper coupling groove is recessed inwardly from the second inner surface toward the second outer surface, extending through part of the second wall between the second outer surface and the second inner surface (accommodating part 250 of Cho in Fig. 5 recesses toward the corresponding second outer surface of first case 210 from the corresponding inner surface, and extends through part of the distance between the corresponding outer and inner surfaces of first case 210).
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Response to Arguments
Applicant's arguments filed 21 October 2025 have been fully considered but they are not persuasive.
Applicant appears to remark that neither of the prior art references Cho and Takahashi explicitly disclose or teach a transparent gasket
In response to applicant, the examiner respectfully disagrees as this Office Action outlines how Takahashi teaches a transparent gasket in a button-type secondary battery. In specific, Takahashi teaches an opalescent resin used for the gasket of the button-type secondary battery ([0046]) for improved sealing characteristic recognition accuracy due to the difference in the color of the disclosed first leakage detection member taught in Takahashi and the gasket selected to have some degree of transparency ([0046]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLENE BERMUDEZ whose telephone number is (571)272-0610. The examiner can normally be reached Mondays through Thursdays generally from 12 PM to 5 PM Eastern Time.
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/CHARLENE BERMUDEZ/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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