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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 19 Dec 2025 has been entered.
Response to Arguments
Applicant's arguments filed 19 Dec 2025 have been fully considered but they are not persuasive.
With regard to the rejection of claim 1, Applicant argues that the amended claim, which now recites the feature “a portion of the gasket that faces a region of the crimped part from the proximal end side portion to the distal end side portion is continuously compressed over an entirety of the portion,” distinguishes the claimed invention from the prior art.
The Examiner respectfully disagrees, and submits that, under a reasonably broad definition of “a portion of the gasket,” the cited prior art references of Toda et al. (JP 2011060644) and Geshi et al. (US 2023/0065382) both teach a gasket having a portion that reads on the amended claim, as set forth in detail in the claim rejections below.
Ground I Rejection
Claim Rejections - 35 USC § 102
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) 1-2 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Toda et al. (JP 2011060644, as read via machine translation).
As to claim 1, Toda et al. discloses a cylindrical battery, comprising:
an outer can that has a bottomed cylindrical shape (see e.g. battery container 10, [0025] and Figs. 1 and 3);
a sealing assembly that seals an opening of the outer can (see e.g. sealing body 20, which seals the open end of 10, [0025] and Fig. 3); and
a gasket interposed between the outer can and the sealing assembly (see e.g. gasket 30, which is interposed between 10 and 20, [0029] and Fig. 3),
wherein the outer can has a crimped part (see e.g. Fig. 3 and Illustration 1 below, indicating the crimped part) formed by bending inward an edge part of the opening to press the sealing assembly with the gasket interposed between the crimped part and the sealing assembly (see e.g. Fig. 3 and Illustration 1, the crimped part bends inward and presses against sealing body 20 with gasket 30 interposed between the crimped part and 20),
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Illustration 1: Reproduction with modification of Fig. 3 of Toda et al..
the crimped part includes a proximal end side portion (see e.g. Fig. 3 and Illustration 2 below, indicating the proximal end side portion) that is inclined so that a distance between the crimped part and the sealing assembly decreases toward an inside of the outer can (see e.g. Illustrations 1 and 2, showing the distance between the crimped part and the sealing assembly decreasing from the outside of the outer can toward the inside), and a distal end side portion (see e.g. Fig. 3 and Illustration 2 below, indicating the distal end side portion) that is inclined toward the sealing assembly side at an angle smaller than an angle at the proximal end side portion, or is inclined so that a distance between the crimped part and the sealing assembly increases toward a distal end (see e.g. Illustrations 1 and 2, showing the distance between the crimped part and the sealing assembly increasing toward the distal end), and
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Illustration 2: Reproduction with modification of Fig. 3 of Toda et al..
a portion of the gasket that faces a region of the crimped part from the proximal end side portion to the distal end side portion is continuously compressed over an entirety of the portion (see e.g. Illustration 2, the portion of the gasket indicated as “compressed portion of the gasket” can reasonably be considered to read on the claimed portion of the gasket that faces a region of the crimped part from the proximal end side portion to the distal end side portion. Further, the portion of the gasket indicated as “compressed portion of the gasket” is compressed over the entirety of the portion).
As to claim 2, Toda et al. discloses the cylindrical battery according to claim 1, wherein the outer can (see e.g. battery container 10, [0025] and Figs. 1 and 3) has a grooved part formed to face the crimped part (see e.g. Fig. 3, Illustration 1, and Illustration 3 below, indicating the grooved part that faces the crimped part) with the sealing assembly interposed between the outer can and the crimped part (see e.g. sealing body 20, which reads on the claimed sealing assembly and is interposed between outer can 10 and the crimped part, as shown in Fig. 3 and Illustration 3) and configured to support the sealing assembly (see e.g. Illustration 3, the grooved part supports sealing body 20), and
a length of the crimped part is equal to or longer than a length of the grooved part (see e.g. Illustration 3, the crimped part extends inward farther than the grooved part, and can thereby be said to be longer in length than the grooved part).
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Illustration 3: Reproduction with modification of Fig. 3 of Toda et al..
As to claim 4, Toda et al. discloses the cylindrical battery according to claim 1, wherein the crimped part has a constant thickness (see e.g. Fig. 3 and Illustration 1 above, the indicated crimped part has a constant thickness).
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 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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Toda et al. (JP 2011060644, as read via machine translation).
As to claim 3, Toda et al. discloses the cylindrical battery according to claim 1, wherein in a longitudinal cross section view of the outer can, an angle q is formed between a virtual line a parallel to a bottom of the outer can and a virtual line b along the distal end side portion of the crimped part (see e.g. Fig. 3 and Illustrations 1-2, the distal end portion of the crimped part of Toda et al.’s cylindrical battery curves upward such that the distal end is angled with respect to a line parallel with the bottom of the outer can).
Toda et al. does not explicitly disclose that this angle q is within a range of ±3°. However, Fig. 3 of Toda et al. shows that the distal end side portion curves upward, and thereby can reasonably be said to cover a range of angles with respect to a line parallel with the bottom of the outer can that includes and thereby renders obvious the instantly-claimed range of ±3°.
Ground II Rejection
Claim Rejections - 35 USC § 102
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.
Claims 1-2 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Geshi et al. (US 2023/0065382).
As to Claim 1, Geshi et al. discloses a cylindrical battery, comprising:
an outer can that has a bottomed cylindrical shape (see e.g. tubular part 111, [0031] and Fig. 1);
a sealing assembly that seals an opening of the outer can (see e.g. sealing plate 131, which seals the open end of 111, [0031] and Figs. 1 and 3); and
a gasket interposed between the outer can and the sealing assembly (see e.g. gasket 133, which is interposed between 111 and 131, [0033] and Fig. 3),
wherein the outer can has a crimped part (see e.g. crimp part 1122, [0031]-[0033] and Fig. 1) formed by bending inward an edge part of the opening to press the sealing assembly with the gasket interposed between the crimped part and the sealing assembly (see e.g. Fig. 3, showing crimp part 1122 bent inward along the edge of 111 to press on sealing plate 131 with gasket 133 interposed between crimp part 1122 and the edge of the sealing assembly 111, Fig. 3),
the crimped part includes a proximal end side portion (see e.g. Fig. 3 and Illustration 4 below, indicating the proximal end side portion)
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Illustration 4: Reproduction with modification of Fig. 3 of Geshi et al..
that is inclined so that a distance between the crimped part and the sealing assembly decreases toward an inside of the outer can (see e.g. Illustration 4, showing the distance between the crimped part and the sealing assembly decreasing from the outside of the outer can toward the inside), and a distal end side portion (see e.g. Fig. 3 and Illustration 4, indicating the distal end side portion) that is inclined toward the sealing assembly side at an angle smaller than an angle at the proximal end side portion, or is inclined so that a distance between the crimped part and the sealing assembly increases toward a distal end (see e.g. Illustration 4, showing the distance between the crimped part and the sealing assembly increasing toward the distal end), and
a portion of the gasket that faces a region of the crimped part from the proximal end side portion to the distal end side portion is continuously compressed over an entirety of the portion (see e.g. Illustration 4, the portion of the gasket indicated as “compressed portion of the gasket” can reasonably be considered to read on the claimed portion of the gasket that faces a region of the crimped part from the proximal end side portion to the distal end side portion. Further, the portion of the gasket indicated as “compressed portion of the gasket” is compressed over the entirety of the portion).
As to claim 2, Geshi et al. discloses the cylindrical battery according to claim 1, wherein the outer can (see e.g. tubular part 111, [0031] and Fig. 1) has a grooved part formed to face the crimped part (see e.g. groove part 1123, which faces crimp part 1122, [0032]-[0033] and Fig. 3)
with the sealing assembly interposed between the outer can and the crimped part (see e.g. sealing plate 131, which reads on the claimed sealing assembly and is interposed between outer can 111 and the crimped part 1122, as shown in Fig. 3)
and configured to support the sealing assembly (see e.g. Illustration 3, groove part 1123 supports sealing plate 131), and
a length of the crimped part is equal to or longer than a length of the grooved part (see e.g. Illustration 3, the crimp part 1122 extends inward farther than groove part 1123, and can thereby be said to be longer in length than the grooved part).
As to claim 4, Geshi et al. discloses the cylindrical battery according to claim 1, wherein the crimped part has a constant thickness (see e.g. Fig. 3, crimp part 1122 has a constant thickness).
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 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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Geshi et al. (US 2023/0065382).
As to claim 3, Geshi et al. discloses the cylindrical battery according to claim 1, wherein in a longitudinal cross section view of the outer can, an angle q formed between a virtual line a parallel to a bottom of the outer can and a virtual line b along the distal end side portion of the crimped part (see e.g. Fig. 3 and Illustration 5, with virtual lines a and b and angle q indicated).
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Illustration 5: Reproduction with modification of Fig. 3 of Geshi et al..
Geshi et al. does not disclose that the angle q is within a range of ±3°.
However, Geshi states that when crimp part 1122 does not contact the gasket 133, heat that is applied to the rim does not transfer to the rim, resulting in suppressing the deterioration of the gasket (see e.g. Geshi: [0037]). The degree to which the distal end of Geshi’s battery is angled therefore is a results-effective variable that influences the amount of heat that is transferred to the gasket.
Absent any evidence of new or unexpected benefits arising from the use of an angle in the range of ±3°, one of ordinary skill in the art prior to the filing date of the claimed invention would therefore have found it obvious to set the angle q of Geshi’s battery to lie within the claimed range of ±3° because said artisan would have wanted to adjust that amount of heat that is transferred to the gasket to suppress deterioration of the gasket.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALBERT HILTON whose telephone number is (571)272-4068. The examiner can normally be reached Monday - Friday 8:00 AM - 5:00 PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tong Guo can be reached at (571)-272-3066. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/A.M.H./Examiner, Art Unit 1723
/TONG GUO/Supervisory Patent Examiner, Art Unit 1723
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