www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/298,412
`
`05/28/2021
`
`Kazutoshi KOHIRA
`
`094704-0079
`
`4591
`
`Rimon PC - Panasonic Corporation
`8300 Greensboro Dr
`Suite 500
`McLean, VA 22102
`
`WALLS-MURRAY,JESSIE LOGAN
`
`1728
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`06/03/2024
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`USPTOmail @rimonlaw.com
`
`eofficeaction @appcoll.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`17/1298,412
`KOHIRAet al.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`Jessie Walls-Murray
`1728
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s)filed on 29 February 2024.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J This action is non-final.
`3) An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)(2) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-36 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) 2-25,32 and 34-35 is/are withdrawn from consideration.
`() Claim(s)__is/are allowed.
`Claim(s) 1,26-27,29-31,33 and 36 is/are rejected.
`)
`Claim(s) 28 is/are objectedto.
`(J Claim(s
`are subject to restriction and/or election requirement
`)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`Application Papers
`10)L) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__is/are: a)C] accepted or b){) objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121(d).
`
`Priority under 35 U.S.C. § 119
`12)C) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)LJ None ofthe:
`b)L) Some**
`a)L} All
`1.1 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.1) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`*“ See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240513
`
`

`

`Application/Control Number: 17/298,412
`Art Unit: 1728
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA orAIA Status
`
`1.
`
`The presentapplication,filed on or after March 16, 2013, is being examined under the first
`
`inventorto file provisions of the AIA.
`
`2.
`
`The amendmentfiled 02/29/2024 has been entered.
`
`Response to Amendment
`
`a.
`
`The Objection to claim 27 of the previous Office action is overcome by the amendment
`
`and is now withdrawn.
`
`b.
`
`The 35 USC 112 Rejection of claim 33 of the previous Office action is overcome by the
`
`amendment and is now withdrawn.
`
`C.
`
`Claims 2-25, 32, and 34-35 stand withdrawn as being directed to non-elected species in
`
`the 10/02/2023 response torestriction. The 07/31/2023 Restriction Requirementis madefinal.
`
`d.
`
`Claims 1, 26-31, 33, and 36 including amendments are pending and examined ontheir
`
`merits below.
`
`e.
`
`The non-statutory provisional double patenting rejection of instant claim 33 over co-
`
`pending application 17/296,402 claim 1, within the 12/01/2024 Office action, is withdrawn in
`
`view of the terminal disclaimer filed 02/29/2024.
`
`Claim Objections
`
`3.
`
`Claim 1 (and its dependentclaims) is/are objected to because of the following informalities:
`
`within the sixth (6th) clause of claim 1, "a ring-shaped top plate portion that... andlie along a
`
`circumferential edge..." is grammatically incorrect regarding subject-verb agreement("lie" should read
`
`"lies" since'"a ring-shaped top plate"is a singular subject). Appropriate correction is required.
`
`

`

`Application/Control Number: 17/298,412
`Art Unit: 1728
`
`Page 3
`
`Claim Rejections - 35 USC § 112
`
`4,
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b} CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out
`and distinctly claiming the subject matter which the inventor or a jointinventor regards as the
`invention.
`
`5.
`
`Claims 27-28 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second paragraph,
`
`as being indefinite for failing to particularly point out and distinctly claim the subject matter which the
`
`inventoror a joint inventor (or for applications subject to pre-AlIA 35 U.S.C. 112, the applicant), regards
`
`as the invention.
`
`Claim 27 recites the limitation "the fifth gasket" inthe last line of the claim. Thereis insufficient
`
`antecedentbasis for this limitation in the claim. Claim 28 is rejected due to dependence uponclaim 27.
`
`Claim Rejections - 35 USC § 103
`
`6.
`
`Inthe 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-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
`
`basis (i.e., changing from AIA to pre-AlA) 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.
`
`7.
`
`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 forthin section 102, if the differences between the claimed invention
`and the prior art are such that the claimedinvention 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.
`
`8.
`
`The factual inquiries for establishing a background for determining obviousness under 35 U.S.C.
`
`103 are summarized as follows:
`
`

`

`Application/Control Number: 17/298,412
`Art Unit: 1728
`
`Page 4
`
`1. Determining the scope and contents of the prior art.
`
`2. Ascertaining the differences between the prior art and the claimsat issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating obviousness or
`
`nonobviousness.
`
`9.
`
`This application currently names joint inventors. In considering patentability of the claims the
`
`examiner presumesthat the subject matter of the various claims was commonly owned as of the
`
`effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised
`
`of the obligation under 37 CFR 1.56 to point out the inventor and effectivefiling dates of each claim that
`
`was not commonly ownedas of the effective filing date of the later invention in order for the examiner
`
`to consider the applicability of 35 U.S.C. 102(b)(2}(C) for any potential 35 U.S.C. 102(a)(2) prior art
`
`against the later invention.
`
`10.
`
`Claim(s) 1, 26, 29-31, 33, and 36 is/are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Kim et al. (US 2020/0365839 A1) in view of Schenk (US 3,061,660 A).
`
`Regarding claim1, Kim teachesa battery (cylindrical lithium ion secondary battery 100, Kim
`
`[0025] and Fig. 1B) comprising:
`
`®
`
`a batterycan(can 110, [0025-0026)) that includes
`
`o
`
`©
`
`©
`
`acylinder portion (side portion 112 of cylindrical can 110, [0026] and Figs. 1A-1C) and
`
`abottom portion (bottom portion 111, [0026] and Fig. 1B)
`
`thecylinder portion having an opening edge portion at one of end portions of the
`
`cylinder portion (opening at top of side portion 112 of cylindrical can 110 shown Figs.
`
`1C; per [0026], an upper portion of the cylindrical can 110 is inan open state),
`
`

`

`Application/Control Number: 17/298,412
`Art Unit: 1728
`
`Page5S
`
`©
`
`the other one of the end portions of the cylinder portion being closed by the bottom
`
`portion (bottom portion 111 is longitudinally opposite from open top of can 110 —i.e., is
`
`at the bottom end in-— per Figs. 1A-1C);
`
`e
`
`anelectrode body that is housed in the cylinder portion (electrode assembly 120 receivedin
`
`the cylindrical can 110 per [0027]; electrode assembly 120 is within cylindrical side portion
`
`112 per Figs. 1B-1C); and
`
`¢
`
`asealing member (a cap assembly 140 and a washer 200, [0026, 0033, 0036)) that is fixed to
`
`the cylinder portion to sealan opening of the opening edge portion (140/200 fixed to open
`
`top of 110/112, Figs. 1A-1B; cap assembly for sealing the can per [0005]),
`
`e wherein the sealing member includes:
`
`©
`
`©
`
`asealing plate (cap-up 141, [0033] and Figs. 1B-1C);
`
`acapthat hasa through hole corresponding to the sealing plate (washer 200 with hole
`
`for cap-up 141 shown in Figs. 1A-1C) and is connected to the sealing plate (200 fixed by
`
`shrinkable tube 10, [0038] and Figs. 1B, 2) while being electrically insulated from the
`
`sealing plate (washer 200 may be formedofan insulating film to insulate cap assembly
`
`140, [0038]); and
`
`o
`
`asealing portion that seals a space between thecylinder portion and the cap (gasket
`
`148 between 112/110 and 200, Figs. 1B and 2),
`
`e witha direction in which the two end portions of the cylinder portion face each other being
`
`defined as an axial direction (up-down / longitudinal direction in Figs. 1A-1C),
`
`e
`
`the cap includes: a ring-shaped topplate portion (washer 200is ring-shaped as shown in
`
`Figs. 1C and 3) that is disposed to oppose the opening edge portion in the axial direction
`
`(200 is upwardsfrom open edge of 110/112 in axial/longitudinal/height direction in Figs. 1A-
`
`

`

`Application/Control Number: 17/298,412
`Art Unit: 1728
`
`Page 6
`
`1C) and lie along a circumferential edge of the sealing plate (200 lies along circumferential
`
`edge of 141 per Figs. 1A-1B and 2);
`
`e
`
`the batterycan is electrically connected to one of electrodes included in the electrode body
`
`(bottom portion 111 of can 110 is connected via negative electrode tab 124 to negative
`
`electrode 121 of electrode assembly 120, Fig. 1B and [0027-0028]),
`
`e
`
`the sealing plate is electrically connected to the other one of the electrodes included in the
`
`electrode body (sealing plate/cap-up 141 is connected via safety plate 144 including cap-
`
`down 146 to positive electrode tab 125 and in turn to positive electrode 122 of electrode
`
`assembly 120; Fig. 1B and [0027, 0030, 0033]),
`
`e
`
`the sealing portion includesa first gasket (gasket 148, [0033-0034]) that seals a space
`
`between the opening edge portion and the cap (innermost/uppermost portion of gasket 148
`
`is ina space between upper open edge of can 110/112 at part 114 and washer/cap 200,
`
`Figs. 1B and 2) and
`
`e
`
`the first gasket is provided betweenthe opening edge portion and the top plate portion
`
`(148 between open top of 110 and flat top washer 200, Figs. 1B and 2), is in contact with the
`
`top plate portion (148 contacts 200 via crimping part 114, Figs. 1B and 2 and [0034, 0036)),
`
`and covers aninner circumferential surface of the cylinder portion at the opening edge
`
`portion (shown in Fig. 2, gasket 148 extends inwardly and slightly upwardly to cover inner
`
`circumference of crimping portion 114 at the open top edge of can110).
`
`Kim fails to teach that:
`
`e
`
`the cap includes aside wall portion that extends from a circumferential edge of the top
`
`plate portion toward the bottom portion and covers an outer circumferential surface of the
`
`cylinder portion, nor
`
`

`

`Application/Control Number: 17/298,412
`Art Unit: 1728
`
`Page 7
`
`e
`
`the cap is electrically connected to the cylinder portion.
`
`Schenk, whichis analogous in the art of batterycell closures, teaches a cylindrical batterycan
`
`with an open edge portionat its top (cylindrical metal cell container 14; Schenk C2L18, claim 3 in col. 3,
`
`and Figs. 1-2) and teaches a cap (metal reinforcing ring 22, C2L30 and Figs. 1-2) which includesa ring-
`
`shaped top plate portion disposed to oppose the opening edge portion of the canin the axial direction
`
`(inwardfacing flange 24 of ring 22 over open top of cylindrical container 14, C2L30-31 and Figs. 1-2) as
`
`well as a side wall portion that extends from a circumferential edge of the top plate portion toward the
`
`bottom portion and covers an outer circumferential surface of the cylinder portion of the can
`
`(dependent flange 26 of ring 22 over outer sidewall of cylindrical container 14, C2L-31 and Figs. 1-2),
`
`wherein the cap is electrically connected to the cylinder portion of the can(reinforcing ring 22 and
`
`cylindrical container are both made of metal -—i.e., is conductive of electricity as is known in the art — per
`
`C2L18,30 and are directly connected per C2L38-45 and Fig. 2). Schenk teaches that such configuration of
`
`a capand acylindrical can, when radially sealedin such overlapping state, achieves permanentsealing
`
`therebetween and beneficially prevents leakage of caustic solution from within the battery over time
`
`even when over-charged, thermally shocked, and exposed to humidity (C2L42-54).
`
`It would have been obvious, at the time offiling, for a person having ordinary skill in the art to
`
`modify the cap of the battery of Kim to have the sealing structure of the cap of the battery of Schenk
`
`with the motivation of achieving good sealing and leakage prevention betweenthe battery cap and can
`
`under abusive conditions. The use of known technique to improve similar devices in the same way
`
`supports a conclusion of obviousness per MPEP 2143 | (C), and changes in shape are design choices
`
`within the ambit of a person having ordinary skill in the art per MPEP 2144.04 IVC, such that modifying
`
`Kim to have the overlapping cap and can structure to be sealed by the radial sealing technique as taught
`
`by Schenk and expect improved sealing would have been obvious.
`
`

`

`Application/Control Number: 17/298,412
`Art Unit: 1728
`
`Thus, instant claim 1 is rendered obvious.
`
`Page 8
`
`Regarding claim 26, modified Kim teaches the limitations of claim 1 above and further teaches
`
`the opening edge portion is pressed in the axial direction by the first gasket (gasket 148 presses the
`
`open edge of can110/cylindrical portion 112 in the upward direction as shown in Kim Fig. 1B, which is
`
`defined as the longitudinal/axial direction per citations above; note that per Kim [0026,0034] andFig.
`
`1B, the upper open edge portion of can 110/112 includes crimping portion 114 such that the can is
`
`crimped around gasket 148 such that gasket andcan indeed “press” one another axially).
`
`Similarly, Schenk teaches gasket flange 12 of gasket 10 downwardly axially pressing open edge
`
`portion of container 14 (Schenk Figs. 1-2 and C2L31-33).
`
`Regarding claim 29, modified Kim teaches the limitations of claim 26 above and butfails to
`
`teach that thefirst gasket is also provided between an outer circumferential edge portion of the sealing
`
`plate and the top plate portion to seal a space between the sealing plate and the cap.
`
`Schenk teaches a first gasket (gasket 10, Figs. 1-2 and C2L15-19,32-33) is provided between the
`
`opening edge portion (top edge of 14, Figs. 1-2) and the top plate portion (flange 24 of ring/cap 22,Figs.
`
`1-2; gasket flange 12 of gasket 10 is between upper open edge of container 14 and flange/top plate 24
`
`of ring/cap 22, Figs. 1-2 and C2L30-33) and that thefirst gasketis also provided between an outer
`
`circumferential edge portion of a sealing plate (cover members 16 and 20 forma sealing plate atop cell
`
`container 14 for a tight seal, C2L19-29 and Fig. 2) and the top plate portion (flange 24 of ring/cap 22,
`
`Figs. 1-2) toseala space between the sealing plate and the cap (bulk of gasket 10 is between two-part
`
`cover 16/20 and ring/cap 22 per Fig. 2 to provide sealing therebetween per C1L and C2L34-38). Schenk
`
`teaches that such configuration and location of the gasket achieves permanentsealing to beneficially
`
`

`

`Application/Control Number: 17/298,412
`Art Unit: 1728
`
`Page 9
`
`prevents leakage of caustic solution from within the battery over time even when over-charged,
`
`thermally shocked, and exposed to humidity (C2L42-54).
`
`It would have been obvious, at the time offiling, for a person having ordinary skill in the art to
`
`further modify Kim with the location of the first gasket as taught by Schenk with the motivation of
`
`achieving permanentsealing of the battery cell by the gasket even under abusive conditions.
`
`Thus, the instant claim 29 is rendered obvious.
`
`Regarding claim 30, modified Kim teaches the limitations of claim 26 above and teaches anend
`
`portion of the cylinder portion on a side of the opening edge portion (crimping part 114 included in can
`
`110, Kim [0026] and Figs. 1B and 2) has ashapethat is bent or curved outwardin a radial direction of
`
`the cylinder portion and then extends toward the bottom portion (114 curves outwardly from open top
`
`end in direction from top to bottom per Kim Figs. 1B and 2), but fails to teach that the first gasketis
`
`provided between the top plate portion and a portion of the shape that extends from a bent or curved
`
`position toward the bottom portion.
`
`Schenk alsoteaches an end portion of the cylinder portion on a side of the opening edge portion
`
`has a shape that is bent or curved outward in a radial direction of the cylinder portion and then extends
`
`towardthe bottom portion (bent portion shown at numbered label of container 14 within Schenk Fig. 2,
`
`bent outwardly in a direction from top to bottom; bending by radial sealing via sizing die, Schenk C2L35-
`
`45) and further teachesthat a first gasket (gasket 10 with flange 12, Schenk C2L16-20) is provided
`
`between the top plate portion and a portion of the shape that extends from a bent or curved position
`
`toward the bottom portion (12 is betweenend of container 14 and top plate/flange portion 24 of
`
`cap/reinforcing ring 22 in the axial/height direction per Schenk Fig. 2). Schenk teachesin C2L34-54 that
`
`the forcing of gasket 10 between container 14 and reinforcing ring 22 establishes permanent sealing and
`
`

`

`Application/Control Number: 17/298,412
`Art Unit: 1728
`
`Page 10
`
`beneficially prevents caustic leakage even when the battery is subjected to abusive conditions such as
`
`over-charge, thermal shock, high humidity, and aging.
`
`The change in shape or rearrangementof parts is within the ambit of an ordinarily skilled artisan
`
`to achieve desired design per MPEP 2144.04 IVB and VIC. Furthermore, the use of known technique to
`
`improve similar devices in the same way supports a conclusion of obviousness per MPEP 2143| (C).
`
`Therefore, it would have been obvious at the time offiling for a person having ordinary skill in the art to
`
`modify the first gasket within modified Kim (when modifying Kim to include the cap structure of Schenk
`
`in regards to claim1 above) to alsobe provided between thetop plate portion of the capand a portion
`
`of the shape that extends from a bent or curved position toward the bottom portion within the cylinder
`
`portion of the can, as taught by Schenk, with the motivation to achieve permanentradial sealing and
`
`leakage prevention wheredesired,i.e. between the cap top plate and curved/bent portion of the
`
`cylindrical container, as taught by Schenk.
`
`Thus, claim 30 is rendered obvious.
`
`Regarding claim 31, modified Kim teaches the limitations of claim 30 above and teaches
`
`wherein, in the shape (bent outward portion at 14 in Schenk Fig. 2, corresponds to curved outward
`
`portion of 114 in Kim Fig. 2, per modifications in regards toclaims 1 and 30 above), an outer
`
`circumferential surface of the cylinder portion and an inner circumferential surface of the side wall
`
`portion are bonded to each other on a side toward the bottom portion relative toa region where the
`
`first gasket is provided (sealing structure of cap and can per modification of Kim in view of Schenk in
`
`regards toclaim 1 above, regarding outer circumferential coverage limitation, encompassesthe instantly
`
`claimed structure —see annotated excerpt of Schenk Fig. 2 below). Examiner notes that “bonding”as
`
`claimed is read on by radial sealing as taught by Schenk C2134.
`
`

`

`Application/Control Number: 17/298,412
`
`Page 11
`
`FIG.2
`
`ee
`
`
`
`
`
`bent shape in
`cylinder portion:
`bond bAw outer
`c.s. of cylinder
`portion 14 and
`
`inner c.s. of
`
`sidewall 26,
`
`below gasket 10
`
`
`PoieSee
`or{i
`Soe
`
`“LfWNINIS“TFOINOWAUY *
`
`
`ESS
`Ls EEREELERRSTITIT4
`‘
`Pereceeienethiei
`WitTderan
`geese
`ntl
`=
`.
`eee cence
`wa
`i
`i
`s
`.
`‘
`:St :
`{6
`
`
`
`
`
`q
`
`Regarding claim 33, modified Kim teaches the limitations of claim 1 above and teaches an inner
`
`circumferential surface of the side wall portion (inner circumferential surface of flange 26 of sealing
`
`ring/cap 22 in Schenk Fig. 2; modification to Kim to include such in regards to claim 1 above) is bonded
`
`(via radial sealing per Schenk C2L34) to an outer circumferential surface of the cylinder portion (outer
`
`circumferential surface of Kim 114/112/110 corresponding to outer circumferential surface of Schenk
`
`114; per modification to Kim in view of Schenk in regards toclaim 1 above, see Kim Fig. 2 in view of
`
`Schenk Fig. 2).
`
`That is, when modifying Kim in view of Schenk in regards to claim 1 above to achieve improved
`
`sealing between the cylinder portion and the cap by wayof inclusion of the outer circumferential sidewall
`
`extending downwardly from the top plate of the cap, such bonded structure ofclaim 33 would also be
`
`obviated.
`
`

`

`Application/Control Number: 17/298,412
`Art Unit: 1728
`
`Page 12
`
`Regarding claim 36, modified Kim teaches the limitations of claim 33 above and teaches
`
`wherein a diameter of the inner circumferential surface of the side wall portion at a location where it is
`
`bonded to the cylinder portion (where inner portion of 26 is bonded/sealed to 14, Schenk Fig. 2 and
`
`C2L34-45 — modification to Kim in regards to claims 1 and 30 above)is less than or equal toa maximum
`
`value of a diameter of the outer diameter of the cylinder portion (see annotation below of Schenk Fig. 2
`
`excerpt where maximum outer diameter of 14 is greater thaninner diameter of 26 where bonded —
`
`overlapping radial sealing structure applied modified Kim in regards to claim 1 above).
`
`Fi G. 2
`jf PLETEyf
`
`ewe 8
`iHENS
`__
`2
`xs Bente
`
`
`
`
` YNFNISFTGNOMAUH
`
`WNSSSSSFeSSSI
`
`NIN Sexcoiaincisiametecopcantsdewall/anger2o.CRGSLAeSetd
`
`
`
`
`
`
`
`
`
`
`Aaannaaa ; [tA
`
`
`
`
`11.
`
`Claim(s) 27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kimetal. (US
`
`2020/0365839 A1) and Schenk (US 3,061,660 A) as applied to claim 26 above, and furtherin view of
`
`Matsumotoetal. {US 2019/0267583A1,as cited in the 07/31/2023 Office action).
`
`Regarding claim 27, modified Kim teaches the limitations of claim 26 above butfails to teach
`
`that the sealing member further includes a second gasket that seals a space between thesealing plate
`
`and the cap, and the second gasketis provided spaced apart from the first gasket.
`
`Kim does teachthe use of a second insulator portion (insulating plate 145, [0033]) sealing
`
`between conductive cap portions 141 and 146(Fig. 2). Schenk also teaches that gasket 10 includes a
`
`

`

`Application/Control Number: 17/298,412
`Art Unit: 1728
`
`Page 13
`
`portion extending beneath cover member 16 and battery container 14 to achieve radial sealing of the
`
`container (Figs. 1-2 and C2L15-20, 36-42).
`
`Matsumoto, which is analogous in the art of batterycell caps, teaches a cylindrical battery can
`
`(402, [0033] and Fig. 4) being closed at an open upper edge portion thereof by a sealing plate (top plate
`
`410 electrically connected to conductive rupture plate 422, [0033-0034] and Fig. 4), a cap that has a
`
`through hole corresponding to the sealing plate (outer conductive ring 412, [033-0034] and Fig. 4), anda
`
`sealing portion that seals a space between thecylinder portion and the cap (insulator rings 407 and 414,
`
`Fig. 4 and [0033]). Matsumoto further teaches that the sealing portion includes a first gasket that seals a
`
`space between the opening edge portion and the cap (414 is between upper edge of 402 and radially
`
`innermost portion of ring 412, Fig. 4) and a second gasket that seals a space between the sealing plate
`
`(407 is between plate 422 — of the 410/422 electrically connected plate combination — and ring 412, Fig.
`
`4 and [0033]) and the cap where the second gasketis provided spaced apart from the first gasket (407is
`
`a spatially separate componentfrom 414, [0033] and Fig. 4). Matsumototeachesthat sucha battery cap
`
`assembly with these componentsin this configuration achieves beneficial effects including lower profile
`
`and weight of the battery cap and overall battery as well as additional strength of connection between
`
`interlocked crimped pieces to protect against battery failure ([0005, 0037, 0041)).
`
`It would have been obvious, at the time offiling, for a person having ordinaryskill in the art to
`
`modify the battery cap and sealing plate structure of modified Kim to further include a second gasket
`
`within the sealing structure to ensure a desirable battery profile, achieve a strong connection between
`
`battery cap assembly components, and resist early battery failure as taught by Matsumoto.Also, the
`
`duplication and rearrangementofparts (i.e., gaskets within modified Kim) to achieve desired design
`
`(i.e., sealing and insulation between conductive components where needed) are obvious engineering
`
`choices within the ambit of a person having ordinary skill in the art per MPEP 2144.04 VI Band C.
`
`Thus, instant claim 27 is rendered obvious.
`
`

`

`Application/Control Number: 17/298,412
`Art Unit: 1728
`
`Page 14
`
`Allowable Subject Matter
`
`12.
`
`Claim 28 objected to as being dependent upon a rejected base claim, but would be allowable if
`
`rewritten in independent form including all of the limitations of the base claim and any intervening
`
`claims.
`
`13.
`
`The following isa statement of reasonsfor the indication of allowable subject matter:
`
`Regarding claim 28, modified Kim teaches the limitations of claim 28 above but fails to teach
`
`wherein the cap includes a supporting portion that extends to stand from the top plate portion toward
`
`the bottom portion in the axial direction on an inner circumferential side of the top plate portion
`
`relative to a position of the side wall portion, the second gasket is provided between an inner
`
`circumferential surface of the supporting portion and at least an outer circumferential edge portion of
`
`the sealing plate, and the first gasket is provided in an outer circumferential region that is located on an
`
`outer circumferential side of the supporting portion and includes an outer circumferential end portion
`
`of the top plate portion.
`
`Matsumototeachesa cylindrical battery can (402, [0033] and Fig. 4) being closed at an open
`
`upper edgeportion thereof by a sealing plate (top plate 410 electrically connected to conductive
`
`rupture plate 422, [0033-0034] and Fig. 4), acap that has a through hole corresponding to the sealing
`
`plate (outer conductive ring 412, [033-0034] and Fig. 4), and a sealing portion that seals aspace
`
`between the cylinder portion and the cap (insulator rings 407 and 414,Fig. 4 and [0033]). Matsumoto
`
`further teaches that the cap includes:
`
`®
`
`asupporting portion that extends to stand from atop plate portion (inner downwardly
`
`extending portion of conductive ring 412 from flat surface 418 providing support by resting on
`
`406 andinterlocking with 414, Fig. 4 and [0042]) towardthe bottom portion in the axial
`
`direction (inner portion of conductive ring 412 extends downwardly in the
`
`

`

`Application/Control Number: 17/298,412
`Art Unit: 1728
`
`Page 15
`
`axial/longitudinal/height direction of the cylindrical battery per Fig. 4) on an inner
`
`circumferential side of the top plate portion relative to a position of aside wall portion (inner
`
`downwardly extending portion of conductive ring 412 is farther radially inward than a sidewall
`
`portion of 412 which connects to battery can 402 at weld 420, see Fig. 4,
`
`e
`
`the second gasket is provided betweenan inner circumferential surface of the supporting
`
`portion and at least an outer circumferential edge portion of the sealing plate (407 — defined as
`
`second gasket per claim 27 citations above — is between inner circumference of downwardly
`
`extending portion of 412 and outer circumference of plate 422 of 410/422 structure, Fig. 4).
`
`However, Kim, Schenk, and Matsumotoallfail to teach the limitation of claim 28 wherein:
`
`e
`
`the first gasket is provided in an outer circumferential region that is located on an outer
`
`circumferential side of the supporting portion and includes an outer circumferential end portion
`
`of the top plate portion.
`
`There is no teaching nor suggestion within the above-cited prior art reference or those found in
`
`an updated thorough search which would obviate a change in shape or rearrangementof the first gasket
`
`arrive at a structure which encompassesall limitations of claim 28, in view of claims 27 and thus 1 on
`
`which 28 depends.
`
`Therefore, claim 28 contains allowable subject matter.
`
`Response to Amendment
`
`14.
`
`Applicant’s arguments on Remarks pages 12-14 with respect toclaim(s) claim 1 andits
`
`dependentclaim, rejected over previously-cited Bae reference, have been considered but are moot
`
`because the new ground of rejection does not rely on any reference applied in the prior rejection of
`
`record for any teaching or matter specifically challenged in the argument. That is, Bae is no longer relied
`
`

`

`Application/Control Number: 17/298,412
`Art Unit: 1728
`
`Page 16
`
`uponin the rejection of the amended independentclaim 1 nor its dependentclaims in the rejections
`
`above.
`
`Additionally, in response to applicant's argumentthat the referencesfail to show certain
`
`features of the invention, it is noted that the features upon which applicantrelies(i.e., additional
`
`limitations regarding the first gasket added into amended claim 1) were not yet recited in the rejected
`
`claim(s). Although the claims are interpretedin light of the specification,limitations from the
`
`specification are not read into the claims. See /n re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir.
`
`1993).
`
`Relevant Art
`
`15.
`
`The art made of record and notrelied upon is considered pertinent to applicant's disclosure.
`
`e McEachron etal. (US 2,332,456 A) teaches a batterycan1 having a sidewall and bottom wall
`
`and containing electrode components therein (McEachron Fig. 1 and In.9-11 in col.2 of pg.1) and
`
`a cap (metallic closing cap 21, McEachronFigs. 1-2 and In.25 in col.2 of pg.2) having a plate
`
`portion closing the open top of the can (top portion of cap 21 closes upward opening of can 1,
`
`McEachronFig. 1) and a side wall portion t