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 .
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 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) 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.
Claims 1-3, 5-7, 10, and 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Urushihara (US PGPub 2018/0205044 A1) in view of Kim et al. (KR 2006-0118719 A, see also the EPO machine generated English translation provided with the Office Action dated July 14, 2025).
Regarding Claims 1 and 6, Urushihara discloses in Figs. 1-4 a cylindrical battery (1), comprising a case (2, 20), a pole (30, 40) and an insulation sealing member (50), wherein the case (2, 20) is a cylindrical groove structure ([0025]-[0026], wherein the case 2, 20 is cylindrical structure and comprises grooves and therefore is a cylindrical groove structure),
the pole (30, 40) is riveted to the case (2, 20), and the insulation sealing member (50) is arranged between the pole (30, 40) and the case (2, 20) ([0025]-[0026], wherein the pole 30, 40 is fastened to the case 2, 20 to make it incapable of movement and therefore is riveted),
the insulation sealing member (50) comprises an upper insulation sealing member (50a) and a lower insulation sealing member (50b), the upper insulation sealing member (50a) is arranged outside the case (2, 20) and is in an engaged connection with the case (2, 20), and the lower insulation sealing member (50b) is arranged inside the case (2, 20) ([0026]); and
the upper insulation sealing member (50a) is provided with an annular protrusion block (58a), the annular protrusion block (58a) fits against an outer sidewall of a portion (32), passing through the case (2, 20) of the pole (30, 40), and the outer sidewall of the portion (32), passing through the case (2, 20), of the pole (30, 40) presses the annular protrusion block (58a) towards an inner sidewall of a portion, being passed through by the pole (30, 40), of the case (2, 20) (Fig. 2, [0026], [0034], [0036]-[0037]),
wherein the pole (30, 40) is an integrated structure in which three cylinders (31, 32, 40) are coaxially superimposed, the three cylinders are respectively, from top to bottom, a first cylinder (31), a second cylinder (32) and a third cylinder (40), the third cylinder (40) has a diameter that is smaller than a diameter of the first cylinder (31) and larger than a diameter of the second cylinder (32), the third cylinder (40) is arranged inside the case (2, 20), the first cylinder (31) is arranged outside the case (2, 20), and the second cylinder (32) sequentially passes through the upper insulation sealing member (50a), the case (2, 20), and the lower insulation member (50b) (Figs. 2 and 4, [0026]).
Specifically, Urushihara discloses in the exemplary embodiment of Figs. 1-4 wherein the pole (30, 40) is a negative pole and wherein the case (2, 20) doubles as a positive pole ([0025]) and therefore Urushihara does not disclose wherein the pole is a positive pole.
Though, Urushihara discloses wherein the exemplary embodiment is not limited to such and further discloses wherein a case may double as a positive pole or a negative pole ([0003], [0046]).
It would have been obvious to one of ordinary skill in the art to form the pole to be a positive pole and to form the case to double as a negative pole, as disclosed by Urushihara, as the exemplary embodiment is not particularly limited and such is a known configuration and therefore the skilled artisan would have reasonable expectation that such would successfully form the cylindrical battery desired by Urushihara.
Modified Urushihara further discloses wherein the case (2, 20) is provided with a second placing groove (23), a groove bottom face of the second placing groove (23) is provided with a protrusion block (25a), the protrusion block (25a) is arranged circumferentially around the second cylinder (32), and an outer sidewall (e.g. see a side wall of the annular protrusion block 58a) of the upper insulation sealing member (50b) is in contact with an inner sidewall (e.g. see a sidewall of the protrusion block 25a) of the second placing groove (23) (Figs. 2, 4 and [0034], [0036]).
Specifically, modified Urushihara discloses a desire to improve sealability of the cylindrical battery ([0011]).
However, modified Urushihara does not disclose wherein the protrusion block is provided with an engaging groove; an end face, facing the case, of the upper insulation sealing member is provided with a positioning groove fitted with and connected to the protrusion block, a groove bottom face of the positioning groove is provided with an engaging block fitted with and engaged with the engaging groove.
Kim teaches in Figs. 1 and 5b a cylindrical battery comprising a case (70) with an engaging groove (71) and a member (60) provided with a positioning groove (62) fitted with and engaged with the engaging groove (71), a groove bottom face of the positioning groove (62) is provided with an engaging block fitted with and engaged with the engaging groove (71) in order to seal the cylindrical battery more reliably (P9, L7-19).
It would have been obvious to one of ordinary skill in the art to provide the protrusion block of modified Urushihara with an engaging groove and to provide the end face, facing the case, of the upper insulation member of modified Urushihara with a positioning groove fitted with and connected to the protrusion block, such that a groove bottom face of the positioning groove is provided with an engaging block fitted with and engaged with the engaging groove, as taught by Kim, in order to seal the cylindrical battery of modified Urushihara more reliably, as desired by modified Urushihara.
In light of the above, modified Urushihara discloses wherein the engaged connection comprises an engaging groove (71 of Kim) arranged circumferentially around the second cylinder (32 of Urushihara) and an engaging block (Figs. 1-4 of Urushihara and Figs. 1, 5b, P9, L7-19 of Kim).
The Examiner notes that the limitation “the engaged connection is configured to obstruct rotation of the positive pole about a central axis of the positive pole” is intended use and therefore is not given patentable weight aside from the structure required to perform such function.
Thus, because modified Urushihara discloses wherein the engaging groove (71 of Kim) is fitted with and connected to the engaging block (Figs. 1, 5b, P9, L7-19 of Kim), the engaged connection of modified Urushihara reads on the limitation “configured to obstruct rotation of the positive pole about a central axis of the positive pole”, as evidenced by P6, L15-17 of the instant specification.
Regarding Claim 2, modified Urushihara discloses all of the limitations as set forth above and further discloses a jellyroll (3, 4, 5 of Urushihara) and a positive current collecting plate (8 of Urushihara); wherein the jellyroll (3, 4, 5 of Urushihara) and the positive current collecting plate (8 of Urushihara) are arranged inside the case (2, 20 of Urushihara), and a potion (40 of Urushihara), located inside the case (2, 20 of Urushihara), of the positive pole (30, 40 of Urushihara) is connected to a positive electrode terminal (3 of Urushihara) of the jellyroll (3, 4, 5 of Urushihara) through the positive current collecting plate (8 of Urushihara) (Fig. 1, [0025] of Urushihara, wherein the pole 30, 40 was rendered obvious above as being a positive pole and consequently the current collecting plate 8 is connected to the positive electrode terminal of the jellyroll 3, 4, 5).
Regarding Claim 3, modified Urushihara discloses all of the limitations as set forth above and further discloses wherein, in a case where the upper insulation sealing member (50a of Urushihara) is provided with the annular protrusion block (58a of Urushihara), the annular protrusion block (58a of Urushihara) comprises a first annular protrusion block (58a of Urushihara), an end face, opposite from an end face facing the case (2, 20 of Urushihara), of the upper insulation sealing member (50a of Urushihara) is provided with an opening of a first through hole (51a of Urushihara), and an edge of the opening of the first through hole (51a of Urushihara) is provided with the first annular protrusion block (58a of Urushihara) (Figs. 2 and 4, [0026], [0034] of Urushihara).
Regarding Claim 5, modified Urushihara discloses all of the limitations as set forth above and further discloses wherein an end face (55a of Urushihara), facing the first cylinder (31 of Urushihara), of the upper insulation sealing member (50a of Urushihara) is provided with a first placing groove (60 of Urushihara), an outer sidewall (37 of Urushihara) of the first cylinder (31 of Urushihara) is in contact with an inner sidewall of the first placing groove (60 of Urushihara), and an end face (38 of Urushihara), in contact with a groove bottom face of the first placing groove (60 of Urushihara), of the first cylinder (30 of Urushihara) is provided with an annular anti-slip convex block (36 of Urushihara) (Figs. 4-5 and [0027]-[0028], [0031] of Urushihara).
Regarding Claim 7, modified Urushihara discloses all of the limitations as set forth above and further discloses wherein an end face (52b of Urushihara), facing the first cylinder (31 of Urushihara), of the lower insulation sealing member (50b of Urushihara) is provided with an annular groove (58b of Urushihara), the second placing groove (23 of Urushihara) forms an annular protrusion protruding towards the inside of the case (2, 20 of Urushihara), and the annular protrusion is fitted with and connected to the annular groove (58b of Urushihara) (Figs. 2, 4 and [0034] of Urushihara).
Regarding Claim 10, modified Urushihara discloses all of the limitations as set forth above and further discloses wherein the case (2, 20 of Urushihara) is electrically connected to the negative current collecting plate (7 of Urushihara) (Fig. 1 and [0025] of Urushihara, wherein the case 2, 20 was rendered obvious above as doubling as the negative pole).
Regarding Claim 12, modified Urushihara discloses all of the limitations as set forth above and further discloses wherein the case (2, 20 of Urushihara) is provided with a second through hole (21 of Urushihara), and the second cylinder (32 of Urushihara) passes through the first through hole (51a of Urushihara), the second through hole (21 of Urushihara), and the third through hole (51b of Urushihara) sequentially, and a central axis (100 of Urushihara) of the positive pole (30, 40 of Urushihara), a central axis (100 of Urushihara) of the first through hole (51a of Urushihara), a central axis (100 of Urushihara) of the second through hole (21 of Urushihara) and a central axis of the third through hole (51b of Urushihara) all coincide (Figs. 2 and 4, [0026] of Urushihara).
Regarding Claim 13, modified Urushihara discloses all of the limitations as set forth above and further discloses wherein the upper insulation sealing member (50a of Urushihara) and the lower insulation sealing member (50b of Urushihara) are made of insulation material having elasticity ([0026] of Urushihara, wherein the insulation material is a synthetic resin such as polypropylene or polyphenylene sulfide which necessarily and inherently have an elasticity).
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Urushihara (US PGPub 2018/0205044 A1) in view of Kim et al. (KR 2006-0118719 A, see also the EPO machine generated English translation provided with the Office Action dated July 14, 2025), as applied to Claim 1 above, and further in view of Jeong et al. (KR 2016-0091616 A, see also the EPO machine generated English translation provided with the Office Action dated July 14, 2025).
Regarding Claim 8, modified Urushihara discloses all of the limitations as set forth above and further discloses wherein an end face (55b of Urushihara), facing the positive current collecting plate (8 of Urushihara), of the lower insulation sealing member (50b of Urushihara) is provided with a third placing groove (e.g. see groove formed by sidewall portions 54 of Urushihara), the third cylinder (40 of Urushihara) is placed in the third placing groove and is in contact with a groove bottom face of the third placing groove (Figs. 2 and 4-5 of Urushihara).
Specifically, modified Urushihara discloses wherein the positive pole (30, 40 of Urushihara) is connected to a positive electrode terminal (3 of Urushihara) of the jellyroll (3, 4, 5 of Urushihara) through the positive current collecting plate (8 of Urushihara) (Fig. 1, [0025] of Urushihara, wherein the pole 30, 40 was rendered obvious above as being a positive pole and consequently the current collecting plate 8 is connected to the positive electrode terminal of the jellyroll 3, 4, 5).
However, modified Urushihara does not disclose wherein a maximum width of the positive current collecting plate is larger than a width of the third placing groove and smaller than a width of the lower insulation sealing member, and the positive current collecting plate is in contact with the lower insulation sealing member.
Jeong teaches in Figs. 5-6 a battery (100) comprising a case (104, 106), a pole (11, 10), an insulation sealing member (22, 24) comprising an upper insulation sealing member (24) and a lower insulation sealing member (22), and a current collecting plate (12) ([0070], [0083]).
Specifically, Jeong teaches wherein the pole (11, 10) is connected to an electrode terminal of a jellyroll (102) through the current collecting plate (12) ([0015], [0085]).
Jeong further teaches in Figs. 5-6 wherein an end face, facing the current collecting plate (12), of the lower insulation sealing member (22) is provided with a placing groove, wherein a third cylinder (10) of the pole (11, 10) is placed in the placing groove and is in contact with a groove bottom face of the third placing groove, a maximum width of the current collecting plate (12) is larger than a width of the third placing groove and smaller than a width of the lower insulation sealing member (22), and the current collecting plate (12) is in contact with the lower insulation sealing member (24) ([0070], [0083], [0085], see also annotated Fig. 6 provided below as an example).
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It would have been obvious to one of ordinary skill in the art to form the positive current collecting plate of modified Urushihara such that a maximum width of the positive current collecting plate is larger than a width of the third placing groove of modified Urushihara and smaller than a width of the lower insulation sealing member of modified Urushihara, wherein the positive current collecting plate is in contact with the lower insulation sealing member, as taught by Jeong, as such is a known configuration in the art, wherein the skilled artisan would have reasonable expectation that such would successfully connect the positive pole of modified Urushihara to the positive electrode terminal of the jellyroll of modified Urushihara through the positive current collecting plate, as desired by modified Urushihara.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Urushihara (US PGPub 2018/0205044 A1) in view of Kim et al. (KR 2006-0118719 A, see also the EPO machine generated English translation provided with the Office Action dated July 14, 2025), as applied to Claim 2 above, and further in view of Jo et al. (US PGPub 2024/0136650 A1, which has a foreign priority date of February 19, 2021).
Regarding Claim 9, modified Urushihara discloses all of the limitations as set forth above and further discloses a negative current collecting plate (7 of Urushihara) and a negative cap, and the negative cap is connected to a negative electrode terminal (4 of Urushihara) of the jellyroll (3, 4, 5 of Urushihara) through the negative current collecting plate (7 of Urushihara) ([0026] of Urushihara, wherein was case 2, 20 was rendered obvious above to double as the negative pole such that a negative cap of the case 2, 20 is electrically connected to a negative electrode terminal 4 of the jellyroll 3, 4, 5 through the negative current collecting plate 7).
Specifically, modified Urushihara discloses wherein the cylindrical battery comprises the positive pole (30, 40 of Urushihara) and the negative cap on opposite sides of the cylindrical battery (see annotated Fig. 1 of Urushihara provided below).
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However, modified Urushihara does not disclose wherein a groove opening of the case is connected to the negative cap in a sealed manner.
Jo teaches in Figs. 1-3A a cylindrical battery (1) comprising a jellyroll (10), a current collecting plate (L), and a cap (30); wherein a groove opening of a case (20) is connected to the cap (30) in a sealed manner, and the cap (30) is connected to an electrode terminal (11) of the jellyroll (10) through the current collecting plate (L) ([0072]-[0073], [0085], [0087]).
It would have been obvious to one of ordinary skill in the art to form a groove opening in the case of modified Urushihara, such that the groove opening is connected to the negative cap of modified Urushihara in a sealed manner and the negative cap is connected to the negative electrode terminal of the jellyroll of modified Urushihara through the negative current collecting plate of modified Urushihara, as taught by Jo, as such is a known configuration in the art and therefore the skilled artisan would have reasonable expectation that such would successfully form a cylindrical battery having the positive pole of modified Urushihara and the negative cap on opposite sides of the cylindrical battery, as desired by modified Urushihara.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Urushihara (US PGPub 2018/0205044 A1) in view of Kim et al. (KR 2006-0118719 A, see also the EPO machine generated English translation provided with the Office Action dated July 14, 2025), as applied to Claim 2 above, and further in view of Choi et al. (US PGPub 2023/0411805 A1, which has a foreign priority date of February 19, 2021).
Regarding Claim 11, modified Urushihara discloses all of the limitations as set forth above and further discloses a negative current collecting plate (7 of Urushihara) and a negative cap ([0026] of Urushihara, wherein was case 2, 20 was rendered obvious above to double as the negative pole).
Specifically, modified Urushihara discloses wherein the cylindrical battery comprises the positive pole (30, 40 of Urushihara) and the negative cap on opposite sides of the cylindrical battery (see annotated Fig. 1 of Urushihara provided above).
However, modified Urushihara does not disclose wherein a groove opening of the case is connected to the negative cap in a sealed manner, the negative cap is not connected to the negative current collecting plate, an insulation layer is arranged between the negative cap and the case, and the case is connected to a negative electrode terminal of the jellyroll through the negative current collecting plate.
Choi teaches in Fig. 7 and 23 a cylindrical battery (70) comprising a jellyroll (71), a current collecting plate (78), and a cap (74a); wherein a groove opening of a case (51) is connected to the cap (74a) in a sealed manner, the cap (74a) is not connected to the current collecting plate (78), an insulation layer (74b) is arranged between the cap (74a) and the case (51), and the case (51) is connected to an electrode terminal (72) of the jellyroll (71) through the current collecting plate (78) ([0186], [0188], [0194]).
It would have been obvious to one of ordinary skill in the art to form the cylindrical battery of modified Urushihara to comprise a groove opening in the case of modified Urushihara, wherein the groove opening is connected to the negative cap of modified Urushihara in a sealed manner, the negative cap is not connected to the negative current collecting plate of modified Urushihara, an insulation layer is arranged between the negative cap and the case, and the case is connected to a negative electrode terminal of the jellyroll of modified Urushihara through the negative current collecting plate, as taught by Choi, as such is a known configuration in the art and therefore the skilled artisan would have reasonable expectation that such would successfully form a cylindrical battery having the positive pole of modified Urushihara and the negative cap on opposite sides of the cylindrical battery, as desired by modified Urushihara.
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Urushihara (US PGPub 2018/0205044 A1) in view of Kim et al. (KR 2006-0118719 A, see also the EPO machine generated English translation provided with the Office Action dated July 14, 2025), as applied to Claim 1 above, and further in view of Deng et al. (US PGPub 2024/0222807 A1, which has a foreign priority date of May 17, 2021).
Regarding Claim 14, modified Urushihara discloses all of the limitations as set forth above and further discloses a negative tab (8 of Urushihara) and a positive tab (7 of Urushihara) (Fig. 1, [0025] of Urushihara).
However, modified Urushihara does not disclose wherein the cylindrical battery is a cylindrical full-tab battery.
Deng teaches wherein cylindrical batteries are traditionally cylindrical single-tab or multi-tab cylindrical batteries ([0002]).
However, Deng teaches wherein a cylindrical battery may be formed as a full-tab cylindrical battery in order to achieve low internal resistance and high energy density ([0002]).
It would have been obvious to one of ordinary skill in the art to form the cylindrical battery of modified Urushihara to be a cylindrical full-tab battery, as taught by Deng, in order to achieve low internal resistance and high energy density.
Response to Arguments
Applicant's arguments filed October 14, 2025 have been fully considered but they are not persuasive.
Regarding amended Claim 1, the Applicant argues that [0025]-[0026], [0042] and Figs. 2 and 4 of Urushihara fails to disclose that the positive pole is riveted to the case.
The Examiner respectfully disagrees and notes that because a special definition for the term “riveted” has not been provided in the instant specification, the broadest reasonable interpretation of the term has been relied on.
Consequently, because Urushihara discloses wherein the pole (30, 40) is fastened to the case (2, 20) to make it incapable of movement ([0025]-[0026]), Urushihara discloses wherein the pole (30, 40) is riveted to the case (2, 20), as evidenced by Oxford Dictionary (e.g. see definition (3) on P5 of rivet provided as NPL with this Office Action).
Next, the Applicant argues that Urushihara does not disclose the diameter relationship of the first cylinder, the second cylinder, and the third cylinder. In other words, Urushihara does not involve the functional design of the third cylinder arranged inside the case, which has a relatively large diameter to adapt to current collection and facilitate electrical conduction; nor does Urushihara involve the functional design of the first cylinder arranged outside the case, which has the largest diameter to facilitate the connection of external loads.
The Examiner respectfully disagrees and notes that, as set forth in the rejection of record, Urushihara discloses wherein the pole (30, 40) is an integrated structure in which three cylinders (31, 32, 40) are coaxially superimposed, the three cylinders are respectively, from top to bottom, a first cylinder (31), a second cylinder (32) and a third cylinder (40), the third cylinder (40) has a diameter that is smaller than a diameter of the first cylinder (31) and larger than a diameter of the second cylinder (32), the third cylinder (40) is arranged inside the case (2, 20), the first cylinder (31) is arranged outside the case (2, 20), and the second cylinder (32) sequentially passes through the upper insulation sealing member (50a), the case (2, 20), and the lower insulation member (50b) (Figs. 2 and 4, [0026]).
The Examiner further notes that the Applicant has not provided any reasoning why the citations of Urushihara do not read on the claimed structure.
Lastly, the Examiner notes that the prior art does not need to recognize the same technical effect or solve the same problem as that of the claimed invention. So long as the structure of the cylindrical battery, specifically the structure of the positive pole, is the same as that of the claimed invention, the prior art will read on the claimed invention no matter the motivation for arriving at said structure or the recognized technical effects of said structure.
The Applicant argues that Urushihara does not disclose that the upper gasket 50a is in an engaged connection with the case, wherein the engaged connection comprises an engaging groove arranged circumferentially about the second cylinder and an engaging block and does not disclose the function of the engaged connection; that is, Urushihara fails to disclose that the engaged connection is configured to obstruct rotation of the positive pole about a central axis of the positive pole.
Furthermore, the Applicant argues that Urushihara does not disclose the combination of the engaged connection and the friction generated by the pressing of the annular protrusion block for achieving the dual anti-rotation function.
The Examiner notes that Urushihara was not relied on to disclose the limitations directed to the engaging connection comprising an engaging groove and an engaging block and therefore the arguments directed to such are moot.
The Applicant argues that Kim is silent on an upper insulation sealing member. Kim does not disclose that the upper insulation sealing member is in an engaged connection with the case-the engaged connection comprises an engaging groove arranged circumferentially about the second cylinder and an engaging block, and the engaged connection is configured to obstruct rotation of the positive pole about a central axis of the positive pole.
The Examiner notes that Kim was not relied on to disclose an upper insulation sealing member in an engaged connection with the case and therefore the argument directed to such is moot.
Specifically, Kim was relied on to teach providing the protrusion block of the case of Urushihara with an engaging groove arranged circumferentially about the second cylinder of Urushihara and an engaging block in order to seal the cylindrical battery of Urushihara more reliably (P9, L7-19).
In other words, the Examiner notes that the combination of Urushihara and Kim was relied on to read on the claimed limitations. 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).
Furthermore, the Examiner notes that the limitation “the engaged connection is configured to obstruct rotation of the positive pole about a central axis of the positive pole” is intended use and therefore is not given patentable weight aside from the structure required to perform such function.
Thus, because modified Urushihara discloses wherein the engaging groove (71 of Kim) is fitted with and connected to the engaging block (Figs. 1, 5b, P9, L7-19 of Kim), the engaged connection of modified Urushihara reads on the limitation “configured to obstruct rotation of the positive pole about a central axis of the positive pole”, as evidenced by P6, L15-17 of the instant specification.
The Applicant argues that in Kim, the positions of the at least one protrusion 71 and the groove 62 are set on the cap assembly 80, and the function of the at least one protrusion 71 and the groove 62 interlocking with each other is to seal the battery more reliably and reduce the contact resistance. The at least one protrusion 71 and the groove 62 in Kim achieve low resistance by enhancing the tightness of surface contact, and have no connection with the "rotation of the positive electrode post"; Kim does not mention the issue of rotation of the electrode terminal, nor does it provide any technical inspiration for "rotation-preventing limit".
The Examiner respectfully disagrees and notes that, as stated above, the prior art does not need to recognize the same technical effect or solve the same problem as that of the claimed invention. So long as the structure of the cylindrical battery is the same as that of the claimed invention, the prior art will read on the claimed invention no matter the motivation for arriving at said structure or the recognized technical effects of said structure.
In other words, the Examiner notes that the prior art does not need to mention the issue of rotation of the electrode terminal, nor does it provide any technical inspiration for "rotation-preventing limit" in order to read on the claimed invention.
The Applicant argues that the positions of the at least one protrusion 71 and the groove 62 in Kim are essentially different from the positions of the engaging groove and the engaging block in the present application; and the function of the at least one protrusion 71 and the groove 62 interlocking with each other in Kim is essentially different from the function of the engaged connection in the present application. Kim does not disclose the combination of the engaged connection and the friction generated by the pressing of the annular protrusion block for achieving the dual anti- rotation function.
The Examiner respectfully disagrees and notes that the Applicant has not stated how the positions of the engaging groove and engaging block in modified Urushihara (i.e. not in Kim individually) are different from that of the claimed invention. 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).
As stated above, the prior art does not need to recognize the same technical effect or solve the same problem as that of the claimed invention. So long as the structure of the cylindrical battery is the same as that of the claimed invention, the prior art will read on the claimed invention no matter the motivation for arriving at said structure or the recognized technical effects of said structure.
Thus, the arguments are not found to be persuasive.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIMBERLY WYLUDA whose telephone number is (571)272-4381. The examiner can normally be reached Monday-Thursday 7 AM - 3 PM EST.
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/KIMBERLY WYLUDA/Examiner, Art Unit 1725