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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 03/12/2026 has been entered.
This office action is in response to Applicant's remarks and amendments filed on 03/12/2026. Claims 1, 5, and 6 are currently amended. Claims 1-6 are pending review in this action. The previous 35 U.S.C. 102 and 35 U.S.C. 103 rejections are withdrawn in light of Applicant's amendment to Claims 1 and 5, however the previously cited prior art has been upheld as reading on the claims. Updated rejections necessitated by Applicant’s amendments are detailed below.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-6 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 2012/0114979 A1) further in view of Yamazaki et al. (JP 5797070 B2) (citations made to English machine translation attached to the previous office action).
In Regards to Claim 1:
Kim discloses a cylindrical battery (cylindrical secondary battery, 100) comprising: an electrode assembly (120) in which a positive electrode (cathode, 121) and a negative electrode (anode, 122) are wound with a separator (123) interposed therebetween; an electrolyte; an outer housing can (cylindrical case, 130) having a tubular shape with a bottom and that houses the electrode assembly (120) and the electrolyte (Figure 1, [0006-0007]). Kim further discloses a sealing assembly (top cap, 310, and current interruptive device, 600) and a gasket having an annular shape, wherein the gasket is located between the outer housing can (cylindrical case, 130) and the sealing assembly (top cap, 310, and current interruptive device, 600), and insulates the sealing assembly (top cap, 310, and current interruptive device, 600) with respect to the outer housing can (cylindrical case, 130) (Figures 1 and 5, [0084-0085]). Kim further discloses that the outer housing can (cylindrical case, 130) includes an annular groove (upper beading member, 210) protruding toward an inner side in a radial direction and extending entirely in a circumferential direction (Figure 5, [0084]). Kim further discloses that the gasket has a tubular part (see annotated Figure 5 below), and a circular annular part (see annotated Figure 5 below) which extends from an end on a first side in an axial direction of the tubular part (see annotated Figure 5 below) toward an inner side in the radial direction (Figure 5). Kim further discloses that the sealing assembly (top cap, 310, and current interruptive device, 600) is sandwiched by an upper surface of an annular groove (upper beading member, 210) and a shoulder (see annotated Figure 5 below) of the outer housing can (cylindrical case, 130) in the axial direction via the gasket (Figure 5). Kim further discloses that the circular annular part (see annotated Figure 5 below) is configured to be pressed against an upper surface of an annular groove (upper beading member, 210) of the outer housing can (cylindrical can, 200 ) of the cylindrical battery (cylindrical secondary battery, 100) (Figure 5, [0084]).
Kim is deficient in disclosing that the circular annular part has a recess which is recessed to a second side in the axial direction, on an inner side in the radial direction of a surface on the first side in the axial direction, and that a portion of the circular annular part where the recess is disposed is pressed against the upper surface of the annular groove of the housing can.
Yamazaki discloses a gasket (23) for a cylindrical battery (alkaline battery, 10), the gasket (23) comprising: a tubular part (can contact potion, 33); and a circular annular part (disk-shaped portion, 34) that extends from an end on a first side in an axial direction of the tubular part (can contact potion, 33) toward an inner side in a radial direction (Figures 1 and 2, [0020, 0028]). Yamazaki further discloses that the circular annular part (disk-shaped portion, 34) has a recess (thin annular portion, 35) which is recessed to a second side in the axial direction, on an inner side in the radial direction of a surface on the first side in the axial direction (Figure 2, [0028]). Yamazaki further discloses that the recess (thin annular portion, 35) functions as a safety valve and allows gas to be released from the cylindrical battery (alkaline battery, 10) in a high-pressure situation, thus improving the safety of the cylindrical battery (alkaline battery, 10) (Figure 2, [0031]). Yamazaki further discloses that the circular annular part (disk-shaped portion, 34) having the recess (thin annular portion, 35) is configured to be pressed against an upper surface of an annular groove (bead portion, 24) of a housing can (positive electrode can, 11) of the cylindrical battery (alkaline battery, 10) (Figure 1, [0024]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the gasket of Kim to include a recess which is recessed to a second side in the axial direction, on an inner side in the radial direction of a surface on the first side in the axial direction of the gasket, as a recess on a gasket in such a position is a known feature for a gasket in a cylindrical battery and would allow gas to be released from the cylindrical battery in a high-pressure situation, thus improving the safety of the cylindrical battery, as taught by Yamazaki.
Upon the above modification, the gasket of modified Kim includes a recess on an inner side in the radial direction of a surface of on the first side in the axial direction of the gasket towards second side in the axial direction of the gasket. The skilled artisan would appreciate that upon the sealing of the cylindrical battery (cylindrical secondary battery, 100) of Kim, and in particular upon the beading of the outer housing can (cylindrical can, 200), the circular annular part (see annotated Figure 5 below) of Kim is pressed between the upper surface of the annular groove (upper beading member, 210) and the shoulder (see annotated Figure 5 below) of the outer housing can (cylindrical case, 130). The skilled artisan would appreciate that although the portion of the circular annular part (see annotated Figure 5 below) where the recess is disposed may not be directly pressed against the upper surface of the annular groove (upper beading member, 210), as the portion of the circular annular part (see annotated Figure 5 below) where the recess is disposed is integral with the remainder of the circular annular part (see annotated Figure 5 below), it would indeed experience some applied force, at least in the radial direction, and may be considered “pressed” against the upper surface of the annular groove (upper beading member, 210) via the remainder of the circular annular part (see annotated Figure 5 below). The examiner notes that the instant claims do not require that the portion of the circular annular part (see annotated Figure 5 below) where the recess is disposed is directly pressed against the upper surface of the annular groove of the housing can. Upon the above modification, all of the limitations of Claim 1 are met.
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Annotated Figure 5 (Kim US 2012/0114979 A1)
In Regards to Claim 2 (Dependent Upon Claim 1):
Kim as modified by Yamazaki discloses the gasket of Claim 1 as set forth above.
The examiner notes that the term “a dimension” as written is a broad limitation and is subject to the broadest reasonable interpretation during the review of prior art.
As such, the skilled artisan would appreciate that there is necessarily “a dimension” of the circular annular part (disk-shaped portion, 34) (for example, the width of a small section of the disk-shaped portion, 34, or a fraction of the total thickness of the disk-shaped portion, 34) which would fulfill the limitation “a dimension of the circular annular part in the axial direction is 17%-22% of an entire length in the axial direction” as required by Claim 2. Thus, all of the limitations of Claim 2 are met.
In Regards to Claim 3 (Dependent Upon Claim 1):
Kim as modified by Yamazaki discloses the gasket of Claim 1 as set forth above.
The examiner notes that the term “a depth” as written is a broad limitation and is subject to the broadest reasonable interpretation during the review of prior art.
As such, the skilled artisan would appreciate that there is necessarily “a depth” of the of the recess (thin annular portion, 35) (for example, a fraction of the total depth of the thin annular portion, 35) which would fulfill the limitation “a depth of the recess is 20%~30% of the dimension of the circular annular part in the axial direction” as required by Claim 3. Thus, all of the limitations of Claim 3 are met.
In Regards to Claim 4 (Dependent Upon Claim 1):
Kim as modified by Yamazaki discloses the gasket of Claim 1 as set forth above.
The examiner notes that the term “an outer diameter” as written is a broad limitation and is subject to the broadest reasonable interpretation during the review of prior art.
As such, the skilled artisan would appreciate that there is necessarily “an outer diameter” in relation to the radial direction wherein at least a part of the recess (thin annular portion, 35) is present at a position of 80%~88% of the outer diameter. For example, “an outer diameter” may be considered as the outer diameter of the region highlighted in annotated Figure 2 below (Figure 2). Thus, all of the limitations of Claim 4 are met.
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Annotated Figure 2 (Yamazaki JP 5797070 B2)
In Regards to Claim 5:
Kim discloses a cylindrical battery (cylindrical secondary battery, 100) comprising: an electrode assembly (120) in which a positive electrode (cathode, 121) and a negative electrode (anode, 122) are wound with a separator (123) interposed therebetween; an electrolyte; an outer housing can (cylindrical case, 130) having a tubular shape with a bottom and that houses the electrode assembly (120) and the electrolyte (Figure 1, [0006-0007]). Kim further discloses a sealing assembly (top cap, 310, and current interruptive device, 600), and an annular gasket that includes a sandwiched part (see annotated Figure 5 below) which is sandwiched by the outer housing can (cylindrical case, 130) and the sealing assembly (top cap, 310, and current interruptive device, 600), and that insulates the sealing assembly (top cap, 310, and current interruptive device, 600) with respect to the outer housing can (cylindrical case, 130), wherein the sealing assembly (top cap, 310, and current interruptive device, 600) includes a current breaker mechanism (current interruptive device, 600) having a rupturing part which ruptures to cut off a flow of current (Figures 1 and 5, [0084-0085]). Kim further discloses that in a singular state before the annular gasket is incorporated into the outer housing can (cylindrical case, 130), the annular gasket has a tubular part (see annotated Figure 5 below), and a circular annular part (see annotated Figure 5 below) which extends from an end on a first side in an axial direction of the tubular part (see annotated Figure 5 below) toward an inner side in a radial direction (Figure 5). Kim further discloses that the circular annular part (see annotated Figure 5 below) is configured to be pressed against an upper surface of an annular groove (upper beading member, 210) of the outer housing can (cylindrical can, 200 ) of the cylindrical battery (cylindrical secondary battery, 100) (Figure 5, [0084]).
Kim is deficient in disclosing that the circular annular part has a recess which is recessed to a second side in the axial direction, on an inner side in the radial direction of a surface on the first side in the axial direction and that the circular annular part having the recess is configured such that a portion of the circular annular part where the recess is disposed is to be pressed against an upper surface of an annular groove of the outer housing can.
Yamazaki discloses a gasket (23) for a cylindrical battery (alkaline battery, 10), the gasket (23) comprising: a tubular part (can contact potion, 33); and a circular annular part (disk-shaped portion, 34) that extends from an end on a first side in an axial direction of the tubular part (can contact potion, 33) toward an inner side in a radial direction (Figures 1 and 2, [0020, 0028]). Yamazaki further discloses that the circular annular part (disk-shaped portion, 34) has a recess (thin annular portion, 35) which is recessed to a second side in the axial direction, on an inner side in the radial direction of a surface on the first side in the axial direction (Figure 2, [0028]). Yamazaki further discloses that the recess (thin annular portion, 35) functions as a safety valve and allows gas to be released from the cylindrical battery (alkaline battery, 10) in a high-pressure situation, thus improving the safety of the cylindrical battery (alkaline battery, 10) (Figure 2, [0031]). Yamazaki further discloses that the circular annular part (disk-shaped portion, 34) having the recess (thin annular portion, 35) is configured to be pressed against an upper surface of an annular groove (bead portion, 24) of a housing can (positive electrode can, 11) of the cylindrical battery (alkaline battery, 10) (Figure 1, [0024]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the gasket of Kim to include a recess which is recessed to a second side in the axial direction, on an inner side in the radial direction of a surface on the first side in the axial direction of the gasket, as a recess on a gasket in such a position is a known feature for a gasket in a cylindrical battery and would allow gas to be released from the cylindrical battery in a high-pressure situation, thus improving the safety of the cylindrical battery, as taught by Yamazaki.
Upon the above modification, the gasket of modified Kim includes a recess on an inner side in the radial direction of a surface of on the first side in the axial direction of the gasket towards second side in the axial direction of the gasket. The skilled artisan would appreciate that upon the sealing of the cylindrical battery (cylindrical secondary battery, 100) of Kim, and in particular upon the beading of the outer housing can (cylindrical can, 200), the circular annular part (see annotated Figure 5 below) of Kim is pressed between the upper surface of the annular groove (upper beading member, 210) and the shoulder (see annotated Figure 5 below) of the outer housing can (cylindrical case, 130). The skilled artisan would appreciate that although the portion of the circular annular part (see annotated Figure 5 below) where the recess is disposed may not be directly pressed against the upper surface of the annular groove (upper beading member, 210), as the portion of the circular annular part (see annotated Figure 5 below) where the recess is disposed is integral with the remainder of the circular annular part (see annotated Figure 5 below), it would indeed experience some applied force, at least in the radial direction, and may be considered “pressed” against the upper surface of the annular groove (upper beading member, 210) via the remainder of the circular annular part (see annotated Figure 5 below). The examiner notes that the instant claims do not require that the portion of the circular annular part (see annotated Figure 5 below) where the recess is disposed is directly pressed against the upper surface of the annular groove of the housing can. Upon the above modification, all of the limitations of Claim 5 are met.
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Annotated Figure 5 (Kim US 2012/0114979 A1)
In Regards to Claim 6 (Dependent Upon Claim 5):
Kim as modified by Yamazaki discloses the cylindrical battery of Claim 5 as set forth above. Kim further discloses that the sealing assembly (top cap, 310, and current interruptive device, 600) has a vent cap (top cap, 310) having a surface on the second side in the axial direction exposed to outside, and the vent cap (top cap, 310) is positioned at an outer side in the radial direction of the outer housing can (cylindrical case, 130), and has a vent circular annular part (gas outlets, 312) having an annular shape and which extends in a direction approximately orthogonal to a height direction (Figure 5, [0084, 0086]). Thus, all of the limitations of Claim 6 are met.
Response to Arguments
Applicant's arguments filed 03/12/2026 have been fully considered but they are not persuasive.
The Applicant argues that the prior art on record, Kim et al. (US 2012/0114979 A1) and Yamazaki et al. (JP 5797070 B2), fail to meet all of the limitations of amended Claims 1 and 5, particularly the new limitation requiring that the circular annular part having the recess is configured such that a portion of the circular annular part where the recess is disposed is pressed against the upper surface of the annular groove of the housing can. The Applicant specifically notes that Yamazaki does not expressly disclose that the portion of the circular annular part (disk-shaped portion, 34) having the recess (thin annular portion, 35) is pressed against an upper surface of the annular groove (bead portion, 24) of the housing can (positive electrode can, 11). The Applicant further highlights that the configuration taught by the instant application allows the suppression of excessive force being applied on the vent circular annular part (27), thus reducing variations in operating pressure of the current breaker mechanism.
The examiner respectfully disagrees. As detailed above in the rejection of Claims 1 and 5, upon the modification of Kim in view of Yamazaki, the gasket of modified Kim includes a recess on an inner side in the radial direction of a surface of on the first side in the axial direction of the gasket towards second side in the axial direction of the gasket. The skilled artisan would appreciate that upon the sealing of the cylindrical battery (cylindrical secondary battery, 100) of Kim, and in particular upon the beading of the outer housing can (cylindrical can, 200), the circular annular part (see annotated Figure 5 below) of Kim is pressed between the upper surface of the annular groove (upper beading member, 210) and the shoulder (see annotated Figure 5 below) of the outer housing can (cylindrical case, 130). The skilled artisan would appreciate that although the portion of the circular annular part (see annotated Figure 5 below) where the recess is disposed may not be directly pressed against the upper surface of the annular groove (upper beading member, 210), as the portion of the circular annular part (see annotated Figure 5 below) where the recess is disposed is integral with the remainder of the circular annular part (see annotated Figure 5 below), it would indeed experience some applied force, at least in the radial direction, and may be considered “pressed” against the upper surface of the annular groove (upper beading member, 210) via the remainder of the circular annular part (see annotated Figure 5 below). The examiner notes that the instant claims do not require that the portion of the circular annular part (see annotated Figure 5 below) where the recess is disposed is directly pressed against the upper surface of the annular groove of the housing can.
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Annotated Figure 5 (Kim US 2012/0114979 A1)
The examiner appreciates that the configuration of the gasket of the instant application and the configuration of the gasket of modified Kim are not identical, but notes that modified Kim appears to meet the limitations of the instant claims as currently written. The examiner notes that an amendment which would require that the portion of the circular annular part where the recess is disposed is directly pressed against the upper surface of the annular groove of the housing can, would overcome the prior art on record.
The Applicant further argues that Yamazaki teaches away from the benefits of the present invention, as Yamazaki teaches the recess (thin annular portion, 35) functions to discharge gas to an outside, and if the recess (thin annular portion, 35) is “pressed” as claimed, the function described by Yamazaki may not be achieved.
The examiner respectfully disagrees. As detailed above, the instant claims do not require that the portion of the circular annular part (see annotated Figure 5 below) where the recess is disposed is directly pressed against the upper surface of the annular groove of the housing can. Thus, the modification of Kim in view of Yamazaki would not change the functionality desired by Yamazaki.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to EMILY E FREEMAN whose telephone number is (571)272-1498. The examiner can normally be reached Monday - Friday 8:30AM-5:00PM.
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/E.E.F./ Examiner, Art Unit 1724 /MIRIAM STAGG/ Supervisory Patent Examiner, Art Unit 1724
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