www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/481,280
`
`07/26/2019
`
`Yoshinori Sakai
`
`P190734US00
`
`1077
`
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`FRANCIS, ADAM JOSEPH
`
`ART UNIT
`1728
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/03/2021
`
`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):
`
`patentmail @ whda.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`16/481 ,280
`Sakai etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`ADAM J FRANCIS
`1728
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of 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 03/08/2021.
`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)02 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\0) 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*
`1-8 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-8 is/are rejected.
`(1 Claim(s)__is/are objectedto.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`S)
`* 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://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) ) ) )
`
`Application Papers
`10) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J 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)[M) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a) All
`1.2 Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No.
`3.4% 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) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20210423
`
`

`

`Application/Control Number: 16/481,280
`Art Unit: 1728
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`Claim 1 has been amended; support for claim 1 is found in [0037].
`
`Claim Status
`
`Claims 1-8 and 13-15 are currently pending and have been examined on the merits in this office
`
`2.
`
`3.
`
`action.
`
`4,
`
`The Specification objection as outlined in Office Action dated 12/08/2020 is withdrawn due to
`
`Specification
`
`an amendment.
`
`Claim Objections
`
`5.
`
`The Claim Objection to claim 1 as outlined in Office Action dated 12/08/2020 is withdrawn due
`
`to an amendment.
`
`6.
`
`The text of those sections of Title 35, U.S. Code not included in this action can be found in a
`
`Claim Rejections - 35 USC § 102
`
`prior Office action.
`
`7.
`
`Claim(s) 1-2, and 4-8 are rejected under 35 U.S.C. 102(a)({1) as being anticipated by Kanemoto
`
`et al. (US 20140038027, from IDS of 9/20/2019-hereinafter Kanemoto).
`
`Regardingclaim 1, Kanemoto teaches of a secondary battery comprising an electrode body
`
`([0280] electrode body 24, 25, 26) which includes a positive electrode ([0296] positive plate 24)
`
`

`

`Application/Control Number: 16/481,280
`Art Unit: 1728
`
`Page 3
`
`containing a positive electrode collector ({0296] substrate as collector) and a positive electrode active
`
`material layer formed on the positive electrode collector ({0296] nickel hydroxide active material on the
`
`substrate), a negative electrode ([0297] negative plate 26) containing a negative electrode collector
`
`([0297]) and a negative electrode active material layer formed on the negative electrode collector
`
`([0297]), a separator ([(0298] separator 25), and which is formed byspirally winding the positive
`
`electrode and the negative electrode with the separator interposed therebetween (Figure 26),
`
`an electrolyte liquid ([0299] Electrolyte is absorbed by spacer 27);
`
`a metal-made exterior package (metal battery case 11) receiving the electrode body and the
`
`electrolyte liquid, and
`
`a pressing member (Spacer 27) provided between the electrode body and the exterior package
`
`or in the electrode body (Figure 27 or 42),
`
`wherein an outer circumference surface of the electrode body includes an exposing section to
`
`which a surface of the positive electrode collector or the negative electrode collector is exposed
`
`([0133]),
`
`the pressing member contains an electrically conductive material ({0011] conductive spacer,
`
`[0330] spacer can be made of a conductive resin, [0337] conductive spacer 27),
`
`and where the pressing member (spacer 27) expands when absorbing ([0299]) the electrolyte
`
`liquid so as to press the exposing section of the electrode body to an inner surface of the exterior
`
`package ([0299, 0307]).
`
`Regarding claim 2, Kanemoto teachesall of the claim limitations of claim 1. Kanemoto further
`
`teaches wherein the surface of the negative electrode collector is exposed to the outer circumference
`
`surface of the electrode body ([0133]) and the pressing memberpresses the surface of the negative
`
`electrode collector to the inner surface of the exterior package [0299] (Figures 27 and 28).
`
`

`

`Application/Control Number: 16/481,280
`Art Unit: 1728
`
`Page 4
`
`Regardingclaim 4, Kanemoto teachesall of the claim limitations of claim 1. Kanemoto further
`
`teaches of the exposing section of the electrode body being located at a side opposite (Figure 45) to the
`
`pressing member([0318] spacer 29; same material as first embodiment spacer 27) in a radius direction
`
`is pressed to the inner surface of the exterior package.
`
`Regarding claim 5, Kanemoto teachesall of the claim limitations of claim 4. Kanemoto further
`
`teaches wherein the exterior package has a bottom-closed cylindrical shape ([0397] Figures 45 or 42)
`
`and the electrode bodyis received in the exterior package so that the central axis of the electrode body
`
`is shifted from a central axis of the exterior package (Figure 45).
`
`Regardingclaim 6, Kanemoto teachesall of the claim limitations of claim 1. Kanemoto further
`
`teaches of the pressing member is provided in the electrode body (Figure 27; spacer 27) and a portion of
`
`the exposing section of the electrode body located between the pressing memberand the inner surface
`
`of the exterior package is pressed to the inner surface thereof (Figure 27).
`
`Regarding claim 7, Kanemoto teachesall of the claim limitations of claim 1. Kanemoto further
`
`teaches wherein the pressing member contains an electrically conductive material ([0330]) and is in
`
`contact with the exposing section of the electrode body and the inner surface of the exterior package
`
`(Figure 45).
`
`Regardingclaim 8, Kanemoto teachesall of the claim limitations of claim 1. Kanemoto further
`
`teaches wherein along a cross-section of the electrode body in a radius direction, the exposing section
`
`

`

`Application/Control Number: 16/481,280
`Art Unit: 1728
`
`Page 5
`
`and the pressing member or two points on the surface of the exposing section are in contact with the
`
`inner surface of the exterior package (Figure 27 or 45).
`
`8.
`
`The text of those sections of Title 35, U.S. Code not included in this action can be found in a
`
`Claim Rejections - 35 USC § 103
`
`prior Office action.
`
`9.
`
`Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kanemoto (US
`
`20140038027) as applied to claim 1 above, and further in view of Jang et al. (US 20070154787-from
`
`IDS of 9/20/19, hereinafter Jang).
`
`Regardingclaim 3, Kanemototeachesall of the claim limitations as set forth in claim 1 above.
`
`Kanemotofails to teach of the pressing member being a tape formed of a tape base material which
`
`expands whenabsorbing the electrolyte liquid and having an adhesive layer formed on at least one
`
`surface of the tape base material.
`
`Jang discloses of an electrode assembly that contains a sealing tape that absorbs an electrolyte
`
`to swell keeping the electrode assembly in place and to avoid short circuiting. Jang teaches of a pressing
`
`member being a tape (Jang sealing tape 220 or 320) formed of a tape base material which expands
`
`when absorbingthe electrolyte liquid (Jang [0003]) and an adhesive layer formed on at least one surface
`
`of the tape base material (Jang [0052]) such that the tape will hold the electrode assembly in place by
`
`preventing the electrode assembly from rotating or floating in the case (Jang [0048]) and to prevent
`
`short circuiting within the battery (Jang [0003]).
`
`

`

`Application/Control Number: 16/481,280
`Art Unit: 1728
`
`Page 6
`
`Therefore, it would have been obvious to a skilled artisan as of the effective filing date to
`
`replace Kanemoto’s spacer 29 of figure 45 with Jang’s sealing tape such that the sealing tape will be able
`
`to absorb the electrolyte and expand to press the opposite side of the electrode body against the inside
`
`of the case allowing for the electrode body and the sealing tape to be in contact with the battery casing.
`
`Replacing Kanemoto’s spacer with Jang’s will prevent the electrode body from rotating or floating in the
`
`can as it will be held in place by contacting the battery casing at two points as well as to prevent the
`
`battery from shortcircuiting.
`
`Response to Arguments
`
`10.
`
`Applicant's argumentsfiled 03/08/2021 have been fully considered but they are not persuasive.
`
`a.
`
`Applicant argues that Kanemoto does not disclose a pressing member thatis electrically
`
`conductive (page 7).
`
`i.
`
`The spacer of Kanemoto can be a conductive spacer made of conductive
`
`materials as seen in [0011], [0330], and [0337]. The one embodimentuses a spacer that
`
`does not react with the electrolyte as Applicant cites [0255], however, Kanemoto says
`
`that various materials can be used, including a conductive resin and is not limited to an
`
`insulating material (Kanemoto [0330]). While paragraph [0255] does not teachit
`
`directly, the rest of Kanemoto teachesthat the resin can be conductive. Applicant’s
`
`argument that Kanemoto does not teach the pressing memberbeing electrically
`
`conductive is not persuasive.
`
`

`

`Application/Control Number: 16/481,280
`Art Unit: 1728
`
`Page 7
`
`Conclusion
`
`11.
`
`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 eventa first reply is filed within TWO MONTHS ofthe 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 extension fee 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 dateof this final action.
`
`12.
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to ADAM J FRANCIS whose telephone number is (571)272-1021. The examiner can
`
`normally be reached on M-Th: 7 am-5 pm EST.
`
`Examiner interviewsare 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,
`
`Jeffrey Barton can be reached on (571)-272-1307. The fax phone numberfor the organization where
`
`this application or proceedingis assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent Application
`
`Information Retrieval (PAIR) system. Status information for published applications may be obtained
`
`from either Private PAIR or Public PAIR. Status information for unpublished applications is available
`
`through Private PAIR only. For more information about the PAIR system, see https://ppair-
`
`

`

`Application/Control Number: 16/481,280
`Art Unit: 1728
`
`Page 8
`
`my.uspto.gov/pair/PrivatePair. Should you have questions on accessto the Private PAIR system, contact
`
`the Electronic Business Center (EBC) at 866-217-9197(toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information system, call 800-786-
`
`9199 (IN USA OR CANADA)or 571-272-1000.
`
`/AJ.F./
`Examiner, Art Unit 1728
`
`/Maria Laios/
`Primary Examiner, Art Unit 1727
`
`