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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) were submitted on 04/19/2023. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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, 5 and 6 are rejected under 35 U.S.C. 102 (1) (a) as being anticipated by JP 20002600409 to Hasegawa et al. (IDS)
With respect to claim 1, Hasegawa et al. teach a gasket for a cylindrical battery, the gasket 9 being compressed and fixed between a bottomed cylindrical exterior can 3 and a sealing assembly 2, the gasket 9 comprising: a cylindrical tubular part 13; and a circular ring part 10 extending inward in a radial direction from one end of the tubular part 13 in an axial direction, wherein the tubular part 13 has a projection projecting inward in the radial direction between both ends in the axial direction, the projection at the tubular part 13 has a lower inclined part (a first inclined part) positioned on the circular ring part side 10, and a upper inclined part (a second inclined part) positioned more on a side of the other end of the tubular part 13 in the axial direction than the lower inclined part (the first inclined part), and the lower inclined part (the first inclined part) is formed at a position that is not to cross over a top surface of a flange of the sealing assembly 2 when the sealing assembly 2 is arranged on the circular ring part 10 (Hasegawa et al.: Section [0014]; Figs. 1-4).
With respect to claim 2, Hasegawa et al. teach the gasket for a cylindrical battery, wherein the lower inclined part (the first inclined part) is formed at a position of coming into contact with a corner interposed between the top surface and a lateral surface of the flange 2 when the sealing assembly 2 is arranged on the circular ring part 10 (Hasegawa et al.: Section [0014]; Figs. 1-4).
With respect to claim 5, Hasegawa et al. teach a manufacturing method of a cylindrical battery using the gasket 9, the method including the steps of: attaching the gasket 9 onto the sealing assembly 2 such that the sealing assembly 2 is arranged on the circular ring part 10; arranging the gasket 9 on a grooved part, of the exterior can 3, that is formed by causing a lateral surface near an opening to project inward; and bending an edge of the opening of the exterior can 3 inward to form a crimped part in such a manner that the gasket 9 is compressed by the exterior can 3 and the sealing assembly 2 (Hasegawa et al.: Section [0014]; Figs. 1-4).
With respect to claim 6, Hasegawa et al. teach the gasket for a cylindrical battery, cylindrical battery, comprising: the gasket 9; a bottomed cylindrical exterior can 3; and a sealing assembly 2 arranged on the circular ring part 10 arranged on the gasket 9, wherein the sealing assembly 2 is crimpedly fixed to the exterior can 3 via the gasket 9 (Hasegawa et al.: Section [0014]; Figs. 1-4).
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.
Claims 3 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over JP 20002600409 to Hasegawa et al.
With respect to claim 3, Hasegawa et al. does not specifically teach the gasket for a cylindrical battery, wherein the projection at the tubular part has a flat part along the axial direction of the tubular part between the first inclined part and the second inclined part.
However, changes in shape of a known element have been held to be obvious. See Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984) and In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
With respect to claim 4, Hasegawa et al. dose no specifically teach the gasket for a cylindrical battery, wherein an angle formed by the lower inclined part (the first inclined part) and a portion, of an inner peripheral surface of the tubular part 13, that is adjacent to the lower inclined part (the first inclined part) is greater than or equal to 130° and less than or equal to 175° (Hasegawa et al.: Section [0014]; Figs. 1-4).
However, it would have been obvious as of the effective filing dated of the claimed invention to have modified an angle formed by the lower inclined part (the first inclined part) and a portion, of an inner peripheral surface of the tubular part 13, that is adjacent to the lower inclined part (the first inclined part) is greater than or equal to 130° and less than or equal to 175°, since it has been held that discovering an optimum value of a result effective variable involves only routine skill in the art. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). It has been held that discovering that general conditions of a claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. In re Aller,105 USPQ 233. Generally, differences in ranges will not support the patentability of subject matter encompassed by the prior art unless there is evidence indicating such ranges is critical. In re Boesch, 617 F.2d 272, 205 USPQ 215 (CCPA 1980). In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). In re Hoeschele, 406 F.2d 1403, 160 USPQ 809 (CCPA 1969).
Conclusion
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/LINGWEN R ZENG/Examiner, Art Unit 1723 12/23/2025