`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/582,501
`
`09/25/2019
`
`Akira Takano
`
`P190924US00
`
`3794
`
`WHDA, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`PARSONS, THOMAS H
`
`1729
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`03/23/2022
`
`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)
`
`
`
`
`
`Disposition of Claims*
`1-16 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-16 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`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)1) 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)C 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.
`3.1.) 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) (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 20220316
`
`Application No.
`Applicant(s)
`16/582 501
`Takano etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`THOMAS H PARSONS
`1729
`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 01/31/2021.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) This action is FINAL. 2b)¥)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.
`
`
`
`Application/Control Number: 16/582,501
`Art Unit: 1729
`
`Page 2
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`underthe first inventorto file provisions of the AIA.
`
`Continued Examination Under 37 CFR 1.114
`
`2.
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in
`
`37 CFR 1.17(e), wasfiled 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 pursuantto
`
`37 CFR 1.114. Applicant's submission filed on 31 January 2022 has been entered.
`
`Claim Rejections - 35 USC § 103
`
`3.
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejectionsset forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed inventionis 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 obviousbefore the effective
`filing date of the claimed invention to a person having ordinaryskill in the art to which the claimed
`invention pertains. Patentability shall not be negated by the mannerin which the invention was made.
`
`4,
`
`Claims 1-3, and 11-16 are rejected under 35 U.S.C. 103 as being unpatentable over Lee
`
`(US7,364,817) in view of JP2007234306 (hereafter JP ‘306).
`
`Claim 1:—Lee in Figure | discloses a metal case (20) comprising:
`
`a cylindrical body section (i.e. a container of a cylindrical shape as percol. 3:
`
`62-65);
`
`
`
`Application/Control Number: 16/582,501
`Art Unit: 1729
`
`Page 3
`
`an opening section (30) at one end of the body section, the opening section
`
`having an opening; and
`
`a bottom section closing the other end of the body section,
`
`wherein the cylindrical body section continuously extends from the bottom
`
`section to the opening section,
`
`wherein the one edge(right lateral edge of case 20) of the opening sectionis
`
`farther from the cylindrical body section than another edge (left lateral edge of case
`
`20) of the openingsection is, the another edge and the one edge of the opening section
`
`being opposite each other in an axial direction along which an axis of the cylindrical
`
`body section extends.
`
`Lee does not disclose that
`
`at least one of the body section and the opening section has a protrusion
`
`extending outward in a direction of a radius of the body section,
`
`wherein the protrusion is disposed between one edge of the opening section and
`
`the bottom section, and
`
`wherein the protrusion has an inner end in the direction of the radius of the
`
`bodysection, the inner end being joined to the at least one of the body section and the
`
`opening section, and
`
`the at least one of the body section and the opening section extends beyond the
`
`inner end continuously in the axial direction.
`
`
`
`Application/Control Number
`Art Uni
`1729
`
`16/582,501
`
`Page 4
`
`JP ‘306 in Figure 2 (reproduced below) discloses a metal case (container 14)
`
`wherein at least one of the body section and the openingsecti
`
`on has a protruding
`
`extension extending outwardly
`
`na
`
`direction of a rad
`
`ius O
`
`f the body section (Note
`
`AS
`
`understood by the Exa
`
`miner, 1nSi
`
`de contai
`ner
`
`14,
`
`outwardly cases 38 and 36 each
`
`have an extending flange 38a and 36a which connected via caulking 40, thus forming
`
`the recited protrusion)
`
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`Application/Control Number: 16/582,501
`Art Unit: 1729
`
`Page 5
`
`wherein the protrusion is disposed between one edge of the opening section and
`
`the bottom section, and
`
`wherein the protrusion has an inner end in the direction of the radius of the
`
`bodysection, the inner end being joined to the at least one of the body section and the
`
`opening section, and
`
`the at least one of the body section and the opening section extends beyondthe
`
`inner end continuously in the axial direction (paragraphs [0016]-[0026]). See also
`
`entire document.
`
`Therefore, it would have been obviousto one of ordinary skill in the art before
`
`the effective filing date of the claimed invention to have modified the metal case of
`
`Lee by incorporating the protrusion of JP “306 comprised of the metal cases/flanges.
`
`One having ordinary skill in the art would have been motivated to make the
`
`modification to provide a cylindrical battery that would have exhibited low resistance
`
`and high output (paragraph [0007]), by reducing the internal resistance of the battery
`
`(paragraph [0005]).
`
`Claims 2 and 11: The rejection of claim 2 is as set forth above in claim 1
`
`wherein the Lee combination discloses an annularly grooved portion (of Lee) at which
`
`the metal case (20) is constricted; wherein the protrusion (of JP ‘306) is obviously
`
`positioned between the annularly grooved portion and the open endin the axial
`
`direction of the axis of the body section.
`
`
`
`Application/Control Number: 16/582,501
`Art Unit: 1729
`
`Page 6
`
`Claim 3:—Therejection of claim 3 is as set forth above in claim 1 wherein
`
`JP ‘306 further discloses that the protrusion extends along a circumferential direction
`
`at a position in the axial direction of the axis of the body section.
`
`Claim 12:
`
`The rejection of claim 12 1s as set forth above wherein JP ‘036
`
`discloses that the protrusion is flush with the bottom section (38) (and the top section
`
`36).
`
`Claim 13:
`
`The rejection of claim 13 is as set forth above in claim 1 wherein
`
`Lee further discloses an electrode assembly (10), and electrolyte, and a cap (30)
`
`closing an opening of the battery can (20)(col. 3: 25-36).
`
`Claim 14:
`
`Lee in Figure 1 discloses a metal case (20) comprising:
`
`a cylindrical body section (i.e. a container of a cylindrical shape as percol. 3:
`
`62-65);
`
`an opening section (30) at one end of the body section, the opening section
`
`having an opening; and
`
`a bottom section closing the other end of the body section.
`
`Lee does not disclose that
`
`at least one of the body section and the opening section has a protrusion
`
`extending outward in a direction of a radius of the body section, and
`
`wherein an outermost end of the protrusion in the direction of the radius of the
`
`body section connects to an outermost end of the bottom section in the direction of the
`
`radius of the bodysection.
`
`
`
`Application/Control Number
`Art Uni
`1729
`
`16/582,501
`
`Page 7
`
`JP ‘306 in Figure 2 (reproduced below) discloses a metal case (container 14)
`
`wherein at least one of the body section and the openingsecti
`
`on has a protruding
`
`extension extending outwardly
`
`Mma
`
`direction of a rad
`
`ius O
`
`f the body sect
`
`ion (Note
`
`AS
`
`understood by the Exa
`
`miner, 1nSi
`
`de contai
`mer
`
`14,
`
`outwardly cases 38 and 36 each
`
`have an extending flange 38a and 36a which connected via caulking 40, thus forming
`
`the recited protrusion)
`
`2
`
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`Application/Control Number: 16/582,501
`Art Unit: 1729
`
`Page 8
`
`wherein an outermost end of the protrusion in the direction of the radius of the
`
`body section connects to an outermost end of the bottom section in the direction of the
`
`radius of the body section (paragraphs [0016]-[0026]). See also entire document.
`
`Therefore, it would have been obviousto one of ordinary skill in the art before
`
`the effective filing date of the claimed invention to have modified the metal case of
`
`Lee by incorporating the protrusion of JP “306 comprised of the metal cases/flanges.
`
`One having ordinary skill in the art would have been motivated to make the
`
`modification to provide a cylindrical battery that would have exhibited low resistance
`
`and high output (paragraph [0007]), by reducing the internal resistance of the battery
`
`(paragraph [0005]).
`
`Claim 15:—Therejection of claim 15 is as set forth above in claim 14 wherein
`
`Lee further discloses an electrode assembly (10), and electrolyte, and a cap (30)
`
`closing an opening of the battery can (20)(col. 3: 25-36).
`
`Claim 16:
`
`The rejection of claim 16 is as set forth above in claim 1 wherein
`
`the Lee combination discloses that an interface between the opening section and the
`
`bottom section is free of an overlap therebetween in the direction of the radius of the
`
`body section (see Figure 2 reproduced above).
`
`5.
`
`Claims 4-10 are rejected under 35 U.S.C. 103 as being unpatentable over Lee
`
`(US7,364,817) in view of JP2007234306 (hereafter JP ‘306) as applied to claim 1 above.
`
`Lee and JP ‘306 are as applied, argued, and disclosed above and incorporatedherein.
`
`
`
`Application/Control Number: 16/582,501
`Art Unit: 1729
`
`Page 9
`
`Claim 4:
`
`The Lee combination doesnot disclose that the protrusion hasa side
`
`oblique to a plane perpendicular to the axis of the bodysection.
`
`It would have been within the skill of one having ordinary skill in the art to
`
`have modified the protrusion to havea side oblique to a plane perpendicular to the axis of
`
`the body section since the Applicants have not disclosed that this particular configuration
`
`provides anycriticality or unexpected results, and it appears that the invention would perform
`
`well with any protrusion that would provide a cylindrical battery that would have
`
`exhibited low resistance and high output (paragraph [0007]), by reducing the internal
`
`resistance of the battery (paragraph [0005]).
`
`Further, it would have been obvious to one of ordinary skill in the art before the effective
`
`filing date of the claimed to have modified the protrusion of the Lee combination such that the
`
`protrusion hasa side oblique to a plane perpendicular to the axis of the body section as it has
`
`been held that the configuration of the claimed protrusion would be a matter of choice which a
`
`person of ordinary skill in the art would have found obvious absent evidencethat the
`
`configuration of the protrusion wassignificant (MPEP, 2144.IV.B Change in Shape).
`
`One having ordinary skill in the art would have been motivated to make the
`
`modification to provide a cylindrical battery that would have exhibited low resistance
`
`and high output (paragraph [0007]), by reducing the internal resistance of the battery
`
`(paragraph [0005]).
`
`Claim 5:—Therejection of claim 5 is as set forth above in claim 4 whereinit
`
`would have been obviousto one of ordinary skill in the art before the effective filing
`
`
`
`Application/Control Number: 16/582,501
`Art Unit: 1729
`
`Page 10
`
`date of the claimed invention to have modified the protrusion of the Lee combination
`
`such that the side is bent in the axial direction of the axis of the body section.
`
`Claim 6:
`
`Therejection of claim 6 is as set forth above in claim 4 whereinit
`
`would have been obviousto one of ordinary skill in the art before the effective filing
`
`date of the claimed invention to have modified the protrusion of the Lee combination
`
`such that the side is curved in the axial direction of the axis direction of the body
`
`section.
`
`Claim 7:
`
`Therejection of claim 7 is as set forth above in claim 4 whereinit
`
`would have been obviousto one of ordinary skill in the art before the effective filing
`
`date of the claimed invention to have modified the protrusion of the Lee combination
`
`such that the protrusion out in a direction obliqueto a vertical to the axis of the body section.
`
`
`
`Claim 8: Therejection of claim8is as set forth above in claims 4 and 7 whereinit
`
`would have been obviousto one of ordinary skill in the art before the effective filing
`
`date of the claimed invention to have modified the protrusion of the Lee combination
`
`such that the protrusion extends outat an angle in a range of -45°.
`
`Claim 9:—JP ‘014 does notdisclose that the length H to which the protrusion
`
`extends out is a length between 1% and 50% ofthe radius of the body section.
`
`However, it would have been obviousto one of ordinary skill in the art before
`
`the effective filing date of the claimed invention to have modified the protrusion of JP
`
`‘014 such that the length H to which the protrusion extendsout is a length between
`
`1% and 50% of the radius of the body section as it has been held that wheres the only
`
`
`
`Application/Control Number: 16/582,501
`Art Unit: 1729
`
`Page 11
`
`difference between the prior art and the claims was a recitation of relainve dimensions
`
`of the claimed device and a device having the clarmed relative dimensions would not
`
`perform differently than the prior art device, the clanned device was not patentably
`
`distinct frorn the prior ari device,
`
`in Gardner v, TECSyst., fnc., 725 F.2d 1338, 220 USPO TT? Bed. Cir.
`
`1984), cert. denied, 469 US. 830, 225 USPQ 232 (1984), the Federal Circuitheld
`
`that, where the only difference between the prior art and the claims was arecitation of
`
`relative dimensions of the clanned device and a device having the claimed relative
`
`camcosions would not perform differently than the prior art device, the claimed device
`
`was not patentably distinct from the prior art device.
`
`One having ordinary skill in the art would have been motivated to make the
`
`modification to provide a battery that would have enabled easy separation of positive
`
`electrodes and negative electrodes by disconnecting an upper and lowersections of
`
`the housing, this facilitating disassembly ofthe battery.
`
`Claim 10:
`
`JP ‘014 does notdisclose that the maximum thickness W of the
`
`protrusion is between 0.3 and 10 times a wall thickness of the body section.
`
`However, it would have been obviousto one of ordinary skill in the art before
`
`the effective filing date of the claimed invention to have modified the protrusion of JP
`
`‘014 such that a maximum thickness W of the protrusion is between 0.3 and 10 times
`
`a wall thickness of the body section as it has been held that where the only difference
`
`between the prior art and the claims was a recitation of relative dimensions of the
`
`
`
`Application/Control Number: 16/582,501
`Art Unit: 1729
`
`Page 12
`
`claimed device and a device having the claimed relative dimensions would not
`
`perform differently than the prior art device, the clanned device was not patentably
`
`castinct frorn the prior art device,
`
`tn Gardner v. TEC Syst, Inc., 723 F.2d 1338, 220 USPQ 777 (Ped, Cir.
`
`1984), cert. denied, 469 US, 830, 225 USPQ 232 (1984), the Federal Circuit held
`
`that, where the only difference between the prior art and the clans was a recitation of
`
`relative dimensions of the claimed device and a device having the claimed relative
`
`camensions would neat perform differently than the pricr art device, the claimed device
`
`was not patentably distinct from the prior art device.
`
`One having ordinary skill in the art would have been motivated to make the
`
`modification to provide a battery that would have enabled easy separation of positive
`
`electrodes and negative electrodes by disconnecting an upper and lowersections of
`
`the housing, this facilitating disassembly ofthe battery.
`
`Examiner Correspondence
`
`6.
`
`Any inquiry concerning this communication or earlier communications from
`
`the examiner should be directed to THOMAS H PARSONSwhosetelephone number
`
`is (571)272-1290. The examiner can normally be reached on 7-4:30.
`
`Examinerinterviewsare available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`
`
`Application/Control Number: 16/582,501
`Art Unit: 1729
`
`Page 13
`
`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, Ula Ruddock can be reached on (571) 272-1481. The fax phone number
`
`for the organization where this application or proceeding is 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
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