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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 10/31/2025 has been entered.
This office action is in response to Applicant's remarks and amendments filed on 10/31/2025. Claim 1 is currently amended. Claims 1-6 are pending review in this action. The previous 35 U.S.C. 103 rejections are withdrawn in light of Applicant's amendment to Claim 1, however the previously cited prior art as been upheld as reading on the claims. Updated rejections addressing 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 and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Yabushita et al. (US 2008/0248384 A1) further in view of Xu et al. (US 2022/0416337 A1).
In Regards to Claim 1:
Yabushita discloses a button battery (flat-shaped battery) comprising: a positive terminal (positive electrode can, 1) and a negative terminal (negative electrode can, 2), the terminals (positive electrode can, 1, and negative electrode can, 2) each being a receptacle-shaped metal terminal and each comprising a round contact surface (base plate, 12, and housing, 21) configured to electrically connect to a respective contact of a device powered by the button battery (flat-shaped battery), and a sidewall (surrounding wall, 13, and inner surrounding wall, 24b) extending in the direction opposite the round contact surface (base plate, 12, and housing, 21) (Figure 2, [0002, 0035, 0037]). Yabushita further discloses a cathode (positive electrode material, 7) in electrical contact with the positive terminal (positive electrode can, 1); an anode (negative electrode material, 9) in electrical contact with the negative terminal (negative electrode can, 2); a separator (10) arranged between the anode (negative electrode material, 9) and the cathode (positive electrode material, 7); an electrolyte configured to conduct current between the anode (negative electrode material, 9) and the cathode (positive electrode material, 7) (Figure 2, [0032-0034]). Yabushita further discloses a receptacle-shaped sealing assembly (battery can, 5) comprising a first terminal which is the negative terminal (negative electrode can, 2), a circumferential wall portion (curved edge, 13a), and an insulating portion (outer cylindrical wall, 26) that separates and electrically insulates the first terminal (negative electrode can, 2) from said circumferential wall portion (curved edge, 13a) (Figure 2, [0033, 0043]). Yabushita further discloses that said insulating portion (outer cylindrical wall, 26) is bonded to the first terminal (negative electrode can, 2) and to said circumferential wall portion (curved edge, 13a) by hermetically sealed bonds, wherein said circumferential wall portion (curved edge, 13a) is a part of a second terminal which is the positive terminal (positive electrode can, 1), and is attached to a remainder of said second terminal (positive electrode can, 1) via being integrally formed, thus being an electrically conductive and hermetically closed connection (Figure 2, [0026, 0033]). Yabushita further discloses that the said remainder of the positive terminal (positive electrode can, 1) is a cup-shaped element having an upstanding wall (cylindrical surrounding wall, 13) so that the sidewall (cylindrical surrounding wall, 13) of the positive terminal (positive electrode can, 1) is formed by said upstanding wall (cylindrical surrounding wall, 13) and by said circumferential wall portion (curved edge, 13a) being connected to each other by said electrically conductive connection (i.e., integrally formed) (Figure 2, [0026]). From Figure 2 of Yabushita, it can be seen that the circumferential wall portion (curved edge, 13a) is disposed internal (relative to the up-down direction as shown in Figure 2) to the upstanding wall (cylindrical surrounding wall, 13) (Figure 2). Yabushita further discloses that the positive receptacle-shaped metal terminal (positive electrode can, 1), including the upstanding wall (cylindrical surrounding wall, 13) and the circumferential wall portion (curved edge, 13a), is formed via press-molding (Figure 2, [0035]).
Yabushita is deficient in disclosing that the electrically conductive connection is a circumferential weld seam, and wherein the circumferential wall portion is disposed internal to the upstanding wall such that an external surface of the circumferential wall portion is in contact with an internal surface of the upstanding wall.
Xu discloses a button battery (battery cell, 20) comprising a receptable-shaped metal terminal (case body, 10), wherein the receptable-shaped metal terminal (case body, 10) comprise a round contact surface (bottom wall, 140) and a sidewall (150) (Figures 6 and 7, [0004, 0010, 0140-0141]). Xu further discloses that the round contact surface (bottom wall, 140) and the sidewall (150) may be connected together via welding or integral molding (Figure 6, [0141]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the method of forming the electrically conductive connection of Yabushita, welding, as it is known in the art that welding is a recognized alternative to integral molding for the connection of a contact surface and a sidewall in a metal terminal for a button battery, as taught by Xu. The substitution of known equivalent structures involves only ordinary skill in the art. In re Fout 213 USPQ 532 (CCPA 1982); In re Susi 169 USPQ 423 (CCPA 1971); In re Siebentritt 152 USPQ 618 (CCPA 1967); In re Ruff 118 USPQ 343 (CCPA 1958). When a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result.
Upon the above modification, the skilled artisan would appreciate that when the circumferential wall portion (curved edge, 13a) and the upstanding wall (cylindrical surrounding wall, 13) are connected via welding, there is necessarily an external surface of the circumferential wall portion (curved edge, 13a) which is in contact with an internal surface of the upstanding wall (cylindrical surrounding wall, 13) located at the weld seam (see annotated Figure 2 below). Thus, all of the limitations of Claim 1 are met.
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Annotated Figure 2 (Yabushita US 2008/0248384 A1)
In Regards to Claim 4 (Dependent Upon Claim 1):
Yabushita as modified by Xu discloses the button battery of Claim 1 as set forth above. Yabushita further discloses that the electrolyte is a liquid electrolyte [0039]. Thus, all of the limitations of Claim 4 are met.
In Regards to Claim 5 (Dependent Upon Claim 1):
Yabushita as modified by Xu discloses the button battery of Claim 1 as set forth above.
Yabushita further discloses that the anode (negative electrode material, 9) of the battery (flat-shaped battery) is a lithium-based anode and the cathode (positive electrode material, 7) of the battery (flat-shaped battery) comprises manganese dioxide (Figure 2, [0034, 0039]).
Although Yabushita doesn’t explicitly disclose that the battery (flat-shaped battery) is a CR battery, the instant application teaches that a CR battery comprises a lithium-based anode and a cathode comprising manganese dioxide [0003], thus the skilled artisan would appreciate that the battery (flat-shaped battery) of Yabushita is a CR battery. As such, all of the limitations of Claim 5 are met.
In Regards to Claim 6 (Dependent Upon Claim 1):
Yabushita as modified by Xu discloses the button battery of Claim 1 as set forth above.
Yabushita discloses a method for producing the button battery (flat-shaped battery) according to Claim 1, comprising: producing said receptacle-shaped sealing assembly (battery can, 5) by a bonding technique for bonding a material of the insulating portion (outer cylindrical wall, 26) to a material of the first terminal which is the negative receptacle-shaped metal terminal (negative electrode can, 2) and to the circumferential wall portion (curved edge, 13a), and placing one or more components of the button battery (flat-shaped battery) in a receptacle formed by the receptable-shaped sealing assembly (battery can, 5) (Figure 2, [0040]). Yabushita further discloses that said components comprising the cathode (positive electrode material, 7), the anode (negative electrode material, 9) and the separator sheet (10), and adding said liquid electrolyte to the receptacle formed by the sealing assembly (battery can, 5) (Figure 2, [0040]). Yabushita further discloses the step of assembling the receptable-shaped sealing assembly (battery can, 5) to the remainder of the second terminal which is the positive receptacle-shaped metal terminal (positive electrode can, 1) (Figure 2, [0040]). Yabushita further discloses that the circumferential wall portion (curved edge, 13a) is attached to the remainder of the second terminal which is the positive terminal (positive electrode can, 1), thus being an electrically conductive and hermetically closed connection (Figure 2, [0026, 0033]). Thus, all of the limitations of Claim 6 are met.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Yabushita et al. (US 2008/0248384 A1) as modified by Xu et al. (US 2022/0416337 A1), as applied to Claim 1 above, further in view of Taniuchi et al. (US 2020/0203679 A1).
In Regards to Claim 2 (Dependent Upon Claim 1):
Yabushita as modified by Xu discloses the button battery of Claim 1 as set forth above.
Yabushita disclose that the insulating portion (outer cylindrical wall, 26) is formed from a resin and serves to form a hermetic seal in the button battery (flat-shaped battery) (Figure 2, [0033, 0038]).
Yabushita is deficient in disclosing that the insulating portion is a glass portion.
Taniuchi discloses an electrically insulating portion (gasket, 7a/7b) for a battery (solid state battery, 20), wherein the electrically insulating portion (gasket, 7a/7b) may be formed from a resin or glass (Figure 2, [0042, 0044, 0060]). Taniuchi further discloses that the use of a glass electrically insulating portion (gasket, 7a/7b) provides a hermetic seal and is capable of providing not only an airtight seal but also heat resistance (Figure 2, [0060]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the material of the insulating portion of Yabushita, glass, as it is known in the art that glass is suitable alternative to resin for selection as the material of an insulating portion for a battery, as taught by Taniuchi. The substitution of known equivalent structures involves only ordinary skill in the art. In re Fout 213 USPQ 532 (CCPA 1982); In re Susi 169 USPQ 423 (CCPA 1971); In re Siebentritt 152 USPQ 618 (CCPA 1967); In re Ruff 118 USPQ 343 (CCPA 1958). When a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result. Furthermore, the skilled artisan would be motivated to make such a selection as Taniuchi teaches that use of a glass insulating portion is capable of providing not only an airtight seal but also heat resistance. Upon the above modification, all of the limitations of Claim 2 are met.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Yabushita et al. (US 2008/0248384 A1) as modified by Xu et al. (US 2022/0416337 A1), as applied to Claim 1 above, further in view of Xue et al. (US 2021/0050562 A1) (disclosed by Applicant on IDS dated 12/02/2022).
In Regards to Claim 3 (Dependent Upon Claim 1):
Yabushita as modified by Xu discloses the button battery of Claim 1 as set forth above.
Yabushita is silent to the material of the positive and negative terminals.
Xue discloses a button battery comprising a positive receptacle-shaped metal terminal (positive electrode) and a negative receptacle-shaped metal terminal (negative electrode), wherein said terminals (positive electrode and negative electrode) are formed of stainless steel [0004].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the material of the positive and negative terminals of Yabushita, stainless steel, as it is known in the art that stainless steel is a commonly and suitably used material for the terminals of a button battery, as taught by Xue. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modification, all of the limitations of Claim 3 are met.
Response to Arguments
Applicant's arguments filed 10/31/2025 have been fully considered but they are not persuasive.
The Applicant argues that the previously cited prior art, Yabushita et al. (US 2008/0248384 A1) and Xu et al. (US 2022/0416337 A1), fails to meet the newly added limitation of Claim 1 requiring that the circumferential wall portion is disposed internal to the upstanding wall such that an external surface of the circumferential wall portion is in contact with an internal surface of the upstanding wall.
The examiner respectfully disagrees. As detailed above in the rejection of Claim 1, Yabushita discloses that the positive terminal (positive electrode can, 1) includes a cup-shaped element having an upstanding wall (cylindrical surrounding wall, 13) so that the sidewall (cylindrical surrounding wall, 13) of the positive terminal (positive electrode can, 1) is formed by said upstanding wall (cylindrical surrounding wall, 13) and by said circumferential wall portion (curved edge, 13a) being connected to each other by said electrically conductive connection (i.e., integrally formed) (Figure 2, [0026]). From Figure 2 of Yabushita, it can be seen that the circumferential wall portion (curved edge, 13a) is disposed internal (relative to the up-down direction as shown in Figure 2) to the upstanding wall (cylindrical surrounding wall, 13) (Figure 2). Yabushita further discloses that the positive receptacle-shaped metal terminal (positive electrode can, 1), including the upstanding wall (cylindrical surrounding wall, 13) and the circumferential wall portion (curved edge, 13a), is formed via press-molding (Figure 2, [0035]).
Yabushita is deficient in disclosing that the electrically conductive connection is a circumferential weld seam, and wherein the circumferential wall portion is disposed internal to the upstanding wall such that an external surface of the circumferential wall portion is in contact with an internal surface of the upstanding wall.
Xu discloses a button battery (battery cell, 20) comprising a receptable-shaped metal terminal (case body, 10), wherein the receptable-shaped metal terminal (case body, 10) comprise a round contact surface (bottom wall, 140) and a sidewall (150) (Figures 6 and 7, [0004, 0010, 0140-0141]). Xu further discloses that the round contact surface (bottom wall, 140) and the sidewall (150) may be connected together via welding or integral molding (Figure 6, [0141]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the method of forming the electrically conductive connection of Yabushita, welding, as it is known in the art that welding is a recognized alternative to integral molding for the connection of a contact surface and a sidewall in a metal terminal for a button battery, as taught by Xu. The substitution of known equivalent structures involves only ordinary skill in the art. In re Fout 213 USPQ 532 (CCPA 1982); In re Susi 169 USPQ 423 (CCPA 1971); In re Siebentritt 152 USPQ 618 (CCPA 1967); In re Ruff 118 USPQ 343 (CCPA 1958). When a patent claims a structure already known in the prior art that is altered by the mere substitution of one element for another known in the field, the combination must do more than yield a predictable result.
Upon the above modification, the skilled artisan would appreciate that when the circumferential wall portion (curved edge, 13a) and the upstanding wall (cylindrical surrounding wall, 13) are connected via welding, there is necessarily an external surface of the circumferential wall portion (curved edge, 13a) which is in contact with an internal surface of the upstanding wall (cylindrical surrounding wall, 13) located at the weld seam (see annotated Figure 2 below). Thus, all of the limitations of Claim 1 are met.
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Annotated Figure 2 (Yabushita US 2008/0248384 A1)
Conclusion
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/E.E.F./ Examiner, Art Unit 1724
/MIRIAM STAGG/ Supervisory Patent Examiner, Art Unit 1724