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 .
Summary
The Applicant’s arguments and claim amendments received February 24, 2026 have been entered into the file. Currently, claims 1-4 are amended and claims 5-8 are new, resulting in claims 1-8 pending for examination.
Claim Rejections - 35 USC § 102
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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-4 and 7 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Kazutoshi, et al. (WO 2020/137776 A1).
Regarding claim 1, Kazutoshi teaches a battery comprising a cylindrical, bottomed battery can (100), a cylindrical electrode body (200) housed in the can, and a sealing member (300) that seals the opening end (¶ [0038], Ln. 1-3). The electrode body is configured by spirally winding a positive electrode and a negative electrode with a separator interposed therebetween (¶ [0062], Ln. 3-4). The sealing member includes a terminal portion (310), a gasket (320), and an outer ring (330) (¶ [0039], Ln. 1). Kazutoshi teaches that a lead wire (210) extends from one of the positive or negative electrodes and is connected to the terminal portion of the sealing member (¶ [0040], Ln. 1-7). The battery can is electrically connected to the other one of the positive or negative electrodes (¶ [0005], Ln. 10-11). As shown in Figure 1, a side surface of the battery can projects inward (110) and the top end includes a flange (110A), which extends radially outward. Thus, the flange (110A) is located radially outward from the side surface that projects radially inward. The gasket (320) is made up of a first gasket (340) and second gasket (350), and the first gasket provides a seal between the opening edge of the battery can and the outer ring of the sealing member (¶ [0043], Ln. 3-5), crimping the sealing member in the battery can, as shown in Figure 1.
Regarding claim 2, Kazutoshi teaches all of the limitations of claim 1 above and further teaches that the ring-shaped gasket overlaps the flange portion, indicating that the flange (110A) is formed along the entire periphery of the battery can (¶ [0058], Ln. 1-4; Fig. 1).
Regarding claim 3, Kazutoshi teaches all of the limitations of claim 1 above and further teaches the addition of the flange portion (110A) formed on the opening edge portion of the battery can (¶ [0045], Ln. 1-3; Fig. 1).
Regarding claim 4, Kazutoshi teaches all of the limitations of claim 1 above and further teaches that a fixing member fixes the sealing member to the battery can (¶ [0008], Ln. 4-5). Kazutoshi teaches that the fixing member (360) is conductive (¶ [0050], Ln. 1). As shown in Figure 3, the fixing member (comprising portions labelled 361, 362, and 363) is joined to the flange (110A) of the battery can.
Regarding claim 7, Kazutoshi teaches all of the limitations of claim 1 above and further teaches that a fixing member fixes the sealing member to the battery can (¶ [0008], Ln. 4-5). Kazutoshi teaches that the fixing member (360) is conductive (¶ [0050], Ln. 1), further teaching that it can function as an external terminal to take voltage out from the upper side of the battery (¶ [0013], Ln. 1-5, ¶ [0015], Ln. 1-2). As shown in Figure 3, the fixing member (comprising portions labelled 361, 362, and 363) wraps around the flange and sealing portion, contacting the outer surface of the flange at the upper end of the battery can. Thus, the fixing member is joined to an upper surface of the flange (110A) of the battery can.
Claims 1-5 and 7 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Oose, et al. (WO 2019/194253 A1), cited on IDS.
Regarding claim 1, Oose teaches a battery including a cylindrical battery can (100) with a bottom, a cylindrical electrode body (200) housed in the can, and sealing body (300) that seals the opening of the battery can (¶ [0021], Ln. 3-5; Fig. 1A). The electrode body is configured by spirally winding a positive electrode and a negative electrode with a separator interposed therebetween (¶ [0040], Ln. 3-4). Oose teaches that a lead wire (210) is connected to one of the positive and negative electrodes and connected to the inner surface of the central region of the sealing plate (¶ [0040], Ln. 4-7). Another lead wire, connected to the other one of the positive and negative electrodes, is connected to the inner surface of the battery can (¶ [0040], Ln. 7-9). Oose further teaches that the battery can includes a protrusion (111) formed along the circumferential direction of the opening (¶ [0028], Ln. 5-7). As shown in Figure 2A, the protrusion (111) consists of a projection where the side surface of the can projects radially inward, and an opening end portion which extends radially outward. Thus, the outward portion is located radially outward from the side surface that projects radially inward. Oose teaches that the protrusion presses the side wall portion of a gasket (320) against the end surface of the sealing body (¶ [0028], Ln. 5-7).
Regarding claim 2, Oose teaches all of the limitations of claim 1 above and further teaches that the protrusion, which includes the opening end portion, is formed along the circumferential direction of the opening of the can (¶ [0011], Ln. 4-6).
Regarding claim 3, Oose teaches all of the limitations of claim 1 above and further teaches that the protrusions may be formed in a plurality of intermittent positions along the circumferential opening or may be formed continuously along the circumferential direction as an annular groove (¶ [0011], Ln. 4-8).
Regarding claim 4, Oose teaches all of the limitations of claim 1 above and further teaches that the battery includes a cap (400) as a protective member (¶ [0032], Ln. 1-2; Fig. 2A). Oose teaches that the cap may be conductive and have the function of a terminal (¶ [0033], Ln. 1-2). As shown in Figure 2A, the cap is connected to the opening edge of the battery can, including the opening end portion, and joined with a bonding material (410) (¶ [0032], Ln. 9-10).
Regarding claim 5, Oose teaches all of the limitations of claim 1 above and further teaches that the protrusions may be formed in a plurality of intermittent positions along the circumferential opening (¶ [0011], Ln. 4-8). Thus, Oose teaches a plurality of opening end portions formed in part along the circumferential direction of the outer can.
Regarding claim 7, Oose teaches all of the limitations of claim 1 above and further teaches that the battery includes a cap (400) as a protective member (¶ [0032], Ln. 1-2; Fig. 2A). Oose teaches that the cap may be conductive and have the function of a terminal (external lead) (¶ [0033], Ln. 1-2). As shown in Figure 2A, the cap is connected to the opening edge of the battery can, including the upper surface of the opening end portion, and joined with a bonding material (410) (¶ [0032], Ln. 9-10).
Claims 1-3 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takashi, et al. (JPH 0992236 A).
Regarding claim 1, Takashi teaches a battery including an electrode group formed by stacking a positive electrode and negative electrode that is disposed in a bottomed cylindrical metal case (10) having an opening (11) at the top and a sealing lid (30) that seals the opening of the metal case (¶ [0014], Ln. 1-7; Fig. 1). Takashi teaches that the negative electrode is electrically connected to the metal case (¶ [0020], Ln. 1-3) and the positive terminal is fixed to the sealing plate (30) (¶ [0015], Ln. 5-7). The sealing lid includes a sealing plate (31) (¶ [0015], Ln. 5). Takashi teaches that the opening edge (13) of the metal case is crimped to the outer circumference of the sealing plate (31) (¶ [0017], Ln. 1-3) and the tip opening edge is bent outward, forming a ring-shaped bent portion (14) (¶ [0018], Ln. 1-2). As shown in Figure 1, the opening edge (13) has a projection where a side surface projects radially inward, and the ring-shaped bent portion (14) is located radially outward from the side surface projecting radially inward, extending radially outward. Further, Takashi teaches a gasket (40) positioned along the inner surface of the opening edge (13) and pressed against the sealing plate (31) by the opening edge (13) (sealing assembly is fixed by being crimped radially inward by the projection via a gasket) (¶ [0017], Ln. 4-7).
Regarding claims 2-3, Takashi teaches all of the limitations of claim 1 above and, as Takashi teaches that the tip opening edge is bent outward, forming a ring-shaped bent portion (14) (¶ [0018], Ln. 1-2; Fig. 1), the reference teaches that the opening end portion is formed along an entire periphery of the metal can along the circumferential direction of the metal can.
Regarding claim 8, Takashi teaches all of the limitations of claim 1 above and further teaches that the metal can includes a seam groove (12) formed along the lower side of the opening edge (13) and protruding inward (¶ [0016], Ln. 5-6). Takashi teaches that the gasket (40) presses against the sealing plate (31) and the seam groove (12) prevents the gasket from shifting downward (¶ [0017], Ln. 4-8). As shown in Figure 1, the upper surface of the seam groove (12) supports the sealing plate (31).
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 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Kazutoshi, et al. (WO 2020/137776 A1), as applied to claim 1 above.
Regarding claim 5, Kazutoshi teaches all of the limitations of claim 1 above. Kazutoshi does not expressly teach that the flange (110A) comprises a plurality of portions formed in part along the circumferential direction of the battery can.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the flange (110A) of Kazutoshi to be formed as a plurality of portions along the opening edge of the battery can. One of ordinary skill in the art would recognize that the flange of Kazutoshi provides space for both the gasket (340) and the fixing member (360) to be provided along the upper edge of the battery can, allowing the external terminals for both electrodes to lead from the upper side of the battery (¶ [0015], Ln. 1-6). Thus, the flange can be included as a continuous portion along the upper edge of the battery can, or as a plurality of portions disposed circumferentially along the upper edge of the battery can and perform the same function. One of ordinary skill would find the change in shape an obvious matter of choice absent persuasive evidence that the particular configuration is significant (MPEP 2144.04(IV)(B)).
Regarding claim 6, Kazutoshi teaches all of the limitations of claim 1 above and further teaches that the fixing member allows the area of the lead connecting portion to be expanded. Kazutoshi does not expressly teach that the length of the flange, along a radial direction from the side surface that projects radially inward to the end of the flange, is 0.5-3 mm.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include a flange with a length of 0.5-3 mm. Based on the size of typical cylindrical lithium ion secondary batteries, one of ordinary skill in the art would be capable of selecting a flange length so as to be capable of functioning as an external lead and not take up too much space in a radial direction. One of ordinary skill in the art would find it obvious to include a length such as 0.5-3 mm in order to provide enough space to for the fixing member to function as an external lead.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Oose, et al. (WO 2019/194253 A1), as applied to claim 1 above.
Regarding claim 6, Oose teaches all of the limitations of claim 1 above and further teaches that the protrusion (11), which includes the opening end portion, inwardly reduces the diameter (¶ [0028], Ln. 5-6). Oose does not expressly teach that the opening end portion has a length along a radial direction from the side surface that projects radially inward to the outward end of the protrusion is 0.5-3 mm.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the protrusion of Oose to inwardly reduce the diameter by a small amount, such as 0.5 mm. One of ordinary skill in the art would recognize that the length of the protrusion must be able to press the gasket into place, and would be motivated to try any length capable of securing the gasket. Thus, one of ordinary skill in the art would find it obvious to use a small protrusion, such as 0.5 mm, and therefore would include a portion projecting inwardly and a portion projecting radially outward of 0.5 mm.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Takashi, et al. (JPH 0992236 A) as applied to claim 1 above.
Regarding claim 5, Takashi teaches all of the limitations of claim 1 above. Takashi does not expressly teach that the bent portion (14) comprises a plurality of portions formed in part along the circumferential direction of the metal can.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to modify the bent portion (14) of the opening edge (13) of Takashi to be formed as a plurality of portion along the opening edge of the metal can. One of ordinary skill in the art would recognize that the opening edge (13) includes a crimped portion to seal the gasket and insulate the sealing plate (31) from the metal case. Thus, the bent portion can be included as a continuous portion along the upper edge of the battery can, or as a plurality of portions disposed circumferentially along the upper edge of the battery can and perform the same function. One of ordinary skill would find the change in shape an obvious matter of choice absent persuasive evidence that the particular configuration is significant (MPEP 2144.04(IV)(B)).
Regarding claim 6, Takashi teaches all of the limitations of claim 1 above. Takashi does not expressly teach that the length of the bent portion (14) along a radial direction from the side surface that projects radially inward to the end of the bent portion is 0.5-3 mm.
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to include a bent portion with a length of 0.5-3 mm. Based on the size of typical cylindrical alkaline batteries, one of ordinary skill in the art would be capable of selecting a bent portion length so as to be capable of effectively crimping the gasket in place. One of ordinary skill in the art would find it obvious to include a length such as 0.5-3 mm in order to provide enough of an overlap to secure the gasket without providing too much extra material.
Response to Arguments
Response-Claim Rejections – 35 U.S.C. 112
The previous rejection of claim 3 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention is overcome by the Applicant’s amendment to claim 3 in the response filed February 24, 2026.
Response-Claim Rejections – 35 U.S.C. 102
Applicant's arguments filed February 24, 2026 with respect to amended claim 1 have been fully considered but they are not persuasive. The Applicant argues, see pages 4-7 of the remarks, the neither Kazutoshi, et al. (WO 2020/137776 A1) nor Oose, et al. (WO 2019/194253 A1) teach an opening end portion located radially outward than the side surface as claimed in amended claim 1, further noting that the opening end portion of Kazutoshi is located radially inward than the side surface of the outer can. This argument is not persuasive. Claim 1 introduces the side surface as a surface which projects radially inward, which is radially inward from the side surface of the outer can. Thus, an opening end portion located radially outward than the side surface as claimed must be located radially outward from the surface which projects radially inward. As detailed above, both Kazutoshi and Oose teach an opening end portion which is located radially outward from the surface which projects radially inward.
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 SARAH J JACOBSON whose telephone number is (703)756-1647. The examiner can normally be reached Monday - Friday 8:00am - 5:00pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Ruthkosky can be reached at (571) 272-1291.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/SARAH J JACOBSON/Examiner, Art Unit 1785
/MARK RUTHKOSKY/Supervisory Patent Examiner, Art Unit 1785
Prosecution Insights