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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/629, 182
`
`01/07/2020
`
`Yuma Yamaguchi
`
`P191399US00
`
`3536
`
`WHDA, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA22182
`
`BERMUDEZ, CHARLENE
`
`1721
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/10/2024
`
`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):
`
`patentmail @ whda.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`16/629,182
`Yamaguchi etal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`CHARLENE BERMUDEZ
`1721
`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 07 November 2023.
`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.and 3-6 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) 1and3-6 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto 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://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)7) 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
`1.1.) Certified copies of the priority documents have been received.
`2.2) 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 20240321
`
`

`

`Application/Control Number: 16/629,182
`Art Unit: 1721
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined underthe
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`first inventorto file provisions of the AJA.
`
`Summary
`
`2.
`
`Since the Office Action with the mailing date 07 November 2023, independentclaim 1
`
`was amended, and claims | and 3-6 remain in the application to be fully considered and further
`
`examined.
`
`3.
`
`4.
`
`Newin this Office Action are 103 rejections necessitated by amendment.
`
`Thetext of those sections of Title 35, U.S. Code not included in this action can be found
`
`in a prior Office action.
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`The following is a quotation of 35 U.S.C. 103 which formsthebasis for all obviousness
`
`rejections set forth in this Office action:
`
`A patent for a claimed invention maynotbe 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 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.
`
`6.
`
`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 priorart.
`
`2. Ascertaining the differences betweenthe prior art and the claimsat issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
`
`

`

`Application/Control Number: 16/629,182
`Art Unit: 1721
`
`Page 3
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`4. Considering objective evidence present in the application indicating obviousness or
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`nonobviousness.
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`7.
`
`This application currently namesjoint inventors. In considering patentability of the
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`claims the examiner presumesthat the subject matter of the various claims was commonly
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`ownedasofthe effective filing date of the claimed invention absent any evidence to the
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`contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and
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`effective filing dates of each claim that was not commonly ownedasofthe effective filing date
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`of the later invention in order for the examinerto consider the applicability of 35 U.S.C.
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`102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
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`8.
`
`Claims1 and3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Chun (US
`
`2017/0187019 A1). The prior art reference will be referred to as Chun hereinafter.
`
`9.
`
`Regarding claim 1, Chun discloses a cylindrical battery (100 Fig. 1; “secondary battery”
`
`[0034]) comprising: an electrode body in which a positive electrode plate and a negative
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`electrode plate with a separator between the electrodes are wound (110 Fig. 1; “electrode
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`assembly 110 includesa first electrode plate 111, a second electrode plate 112, and a separator
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`113 interposed between thefirst electrode plate 111 and the second electrode plate 112. The
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`electrode assembly 110 may be formed by windinga stackedstructure ofthe first electrode plate
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`111, the separator 113, and the second electrode plate 112 in a jelly-roll configuration...”
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`[0035]); and electrolyte (“‘a lithium secondary battery is overcharged, an electrolyte may
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`decompose...” [0006]); a bottomed cylindrical exterior can that houses the electrode body and
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`the electrolyte (120 Fig. 1; “a case 120 accommodating the electrode assembly 110” [0034]); and
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`

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`Application/Control Number: 16/629,182
`Art Unit: 1721
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`Page 4
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`an opening sealing body (130 Fig. 1; “cap assembly 130 coupled to the case 120 at a top opening
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`thereof” [0034]),
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`wherein the opening sealing body includes a terminal cap (140 Fig. 1; “cap-up” [0040]), a
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`valve disc includedin a current cut-off mechanism (160 Fig. 1; “safety vent 160 coupled to a
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`bottom portion or bottom surface of the reinforcementplate 150” [0040], “the edge of the cap-up
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`140 is covered or surrounded by the edgeof the safety vent 160 such that the cap-up 140 and the
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`safety vent 160 maybe electrically connected to each other through the reinforcement plate 150”
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`[0042], and “The safety vent 160 is installed to be in close contact with a portion of the cap-up
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`140 around(e.g., other than or except for) an upwardly protruding portion of the cap-up 140, and
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`if the internal pressure of the case 120 exceedsa certain level ( e.g., a predetermined level),
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`internal gases are released while cutting off the flow of current...” [0045]), and a washer having
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`an opening at a center (150 Fig. 1; “reinforcement plate 150 has a ring shape” [0042]), interposed
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`between the terminal cap and the valve disc (“a reinforcementplate 150 under the cap-up 140 (
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`e.g., arranged between the cap-up 140 and the electrode assembly 110), a safety vent 160
`
`coupled to a bottom portion or bottom surface of the reinforcement plate 150” [0040]),
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`the valve disc is configured to receive an internal pressure of the cylindrical battery
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`before the current cut-off mechanism operates (“If the internal pressure of the case 120 exceeds a
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`certain pressure ( e.g., an operating pressure of the safety vent 160), the safety vent 160
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`electrically disconnects from the sub-plate 162 while the protrusion 161 moves upwardly due to
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`the gases discharged through a gas discharge opening 182 (e.g., a gas discharge hole or gas
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`discharge openings) in the cap-down 180.” [0045]), and
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`the washerhasa first surface (Fig. 1 — top surface of reinforcement plate 150 that faces
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`and contacts cap-up 140), and a second surface facing the valve disc and opposite thefirst
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`

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`Application/Control Number: 16/629,182
`Art Unit: 1721
`
`Page 5
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`surface in a thickness direction of the washer (Fig. | — bottom surface of reinforcement plate 150
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`that faces and contacts safety vent 1160).
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`Chun doesnot explicitly disclose that the first surface includesa first recessed section formed in
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`an annular shape directly adjacent to and along an entire surrounding of the opening, anda first
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`planar section disposed in a surrounding ofthe first recessed section,
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`the second surface includes a second recessed section formed in an annular shape directly
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`adjacent to and along the entire surrounding of the opening, and a second planar section disposed
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`in a surrounding of the second recessed section,
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`a boundary line betweenthefirst recessed section andthe first planar section on thefirst
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`surface and a boundary line between the second recessed section and the second planar section
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`on the second surface overlap each otherin the thickness direction of the washer,
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`the boundary lines are circular,
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`a gap is present between the second recessed section and the valve disc, and
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`the first recessed section and the second recessed section are formed within a monolithic
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`structure of the washer and are tapered toward the opening in a near identical manner.
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`However, the examiner recognizesthat these features claimed for the washer implies that
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`the washer is comprised of two distinct parts wherein one part of the washerlocated at its outer
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`periphery has a greater thickness than the other part that is located at its inner periphery such that
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`a boundary line is inherently located between the two parts due to the difference in thickness,
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`and that because the disclosed washer in Chunis ring-shaped, the boundary lines are inherently
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`circular.
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`

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`Application/Control Number: 16/629,182
`Art Unit: 1721
`
`Page 6
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`Chun teaches every aspect of the features that are not explicitly disclosed. Chun teaches a
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`washerwith a greater thickness at the outer periphery of the washer (“The reinforcementplate
`
`250 is arranged under the cap-up 240 and extends along an outer edge (e.g., a periphery) of the
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`cap-up 240. A thickness d2 of the reinforcement plate 250 may be greater than a thickness of the
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`reinforcement plate 150 in the secondary battery 100 according to the previously-described
`
`embodiment. For example, the thickness d2 of the reinforcement plate 250 may be the same or
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`substantially the sameas the thickness dl of the cap-up 240.” [0057], and the thickness of
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`reinforcementplate 150 relative to the thickness of cap-up 140 in Fig. 2 is similar to the
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`thickness of reinforcement plate 350 relative to the thickness of cap-up 340 in Fig. 4). Chun
`
`teaches that this aspect increases the mechanical strength of the terminal cap while reducing the
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`thickness of the terminal cap ((0057]) that increases a swelling region below the terminal cap of
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`the battery that then increases the operating reliability of the valve disc that includes the current
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`cut-off mechanism ([0056]).
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`Additionally, Chun teaches a washer with a smaller thickness located at the inner
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`periphery of the washerthat extends further toward the center of the cylindrical battery (“the
`
`reinforcement plate 350 is extended beyond a region at which the cap-up 340 and the
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`reinforcement plate 350 contact each other, different from the cap-up 140 in the secondary
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`battery 100 according to the previously-described embodiment. Therefore, the reinforcement
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`plate 350 may be configured such thatit protrudes further toward an interior of the cap-up 340
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`(e.g., protrudes further toward a center of the cap assembly 330) to be exposed.” [0062] in which
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`the thickness of reinforcementplate 350 relative to the thickness of cap-up 340 in Fig. 4 is
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`smaller than the previously cited thickness of reinforcement plate 250, “d2”, relative to the
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`thickness of cap-up 240 in Fig. 3). Chun further teaches that this aspect increases a degree of
`
`

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`Application/Control Number: 16/629,182
`Art Unit: 1721
`
`Page 7
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`freedom in designing the terminal cap such that, for example, an area of a top plane of the
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`terminal cap is increased that improves a welding process performed onit ({0062]).
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`Therefore, it would have been obviousfor a person having ordinary skill in theart to
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`modify the washer of the cylindrical battery of Chun by increasing the thickness at the outer
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`periphery and decreasing the thickness at the inner periphery of the washerthat extends toward
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`the center of the cylindrical battery, which is taught by Chun andinherently forms boundary
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`lines due to the difference in thickness at different locations of the washer, in order to achieve
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`increased mechanicalstrength of the terminal cap while reducing the thickness of the terminal
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`cap to increase a swelling region below the terminal cap of the battery that also increases the
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`operating reliability of the valve disc which includes the current cut-off mechanism, as well as to
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`achieve an increased degree of freedom in designing the terminal cap that increases an area of a
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`top plane of the terminal cap to improve a welding process performed onit.
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`10.
`
`Regarding claim 3, modified Chun discloses the cylindrical battery with limitationsset
`
`forth in claim 1 above, and
`
`wherein a step is formed in the boundary lines (inherent of the washer taught by Chun in claim 1
`
`above due to the difference in thickness of the washerat the outer periphery andat the region of
`
`the washercloser to the center of the cylindrical battery).
`
`11.
`
`Regarding claim 4, modified Chun discloses the cylindrical battery with limitationsset
`
`forth in claim 3 above, and
`
`wherein a thickness of each ofthe first recessed section and the second recessed section is
`
`constant (the washer thicknesses at the outer periphery of 250 in Fig. 3 and at the central region
`
`of 350 in Fig. 4 are constant).
`
`

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`Application/Control Number: 16/629,182
`Art Unit: 1721
`
`Page 8
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`12.
`
`Regarding claim 5, modified Chun discloses the cylindrical battery with limitationsset
`
`forth in claim 1 above, and
`
`wherein eachofthe first recessed section and the second recessed section has an inclined portion
`
`with a thickness which is reduced from the boundary lines toward the opening (the examiner
`
`recognizesthat this feature claimed for the washerofthe instant battery is a mere difference in
`
`shape compared to the washer claimed in claim 1, which MPEP 2144.04 Section IV Part B states
`
`is “a matter of choice which a person of ordinary skill in the art would have found obvious
`
`absent persuasive evidencethat the particular configuration of the claimed container was
`
`significant’).
`
`13.
`
`Regarding claim 6, modified Chun discloses the cylindrical battery with limitationsset
`
`forth in claim 1 above, and
`
`wherein an entirety of the washer, including the first recessed section, the first planar section, the
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`second recessed section, and the secondplanar section, integrally formedof a single piece of
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`material (“The cap assembly 230 includes a cap-up 240, a reinforcementplate 250 underthe cap-
`
`up 240,” [0055] and “The cap assembly 330 includes a cap-up 340, a reinforcementplate 350
`
`under the cap-up 340,” [0061], italics added for emphasis).
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`Conclusion
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`14.
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`THIS ACTION IS MADEFINAL.Applicant is reminded of the extension of time
`
`policy as set forth in 37 CFR 1.136(a).
`
`

`

`Application/Control Number: 16/629,182
`Art Unit: 1721
`
`Page 9
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`A shortenedstatutory period for reply to this final action is set to expire THREE
`
`MONTHSfrom the mailing date of this action. In the eventa first reply is filed within TWO
`
`MONTHSof the mailing date of this final action and the advisory action is not mailed until after
`
`the end of the THREE-MONTHshortened 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,
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`however,will the statutory period for reply expire later than SIX MONTHSfrom the mailing
`
`date of this final action.
`
`15.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to CHARLENE BERMUDEZwhosetelephone numberis
`
`(571)272-0610. The examiner can normally be reached Mon, Thu, and Fri generally from 8 AM
`
`to 5 PM.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing using
`
`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
`
`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, Allison Bourke can be reached on (303) 297-4684. The fax phone numberfor the
`
`organization wherethis application or proceeding is assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be
`
`obtained from Patent Center. Unpublished application information in Patent Center is available
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`

`

`Application/Control Number: 16/629,182
`Art Unit: 1721
`
`Page 10
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`information about Patent Center and https://www.uspto.gov/patents/docx for information about
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`
`/CHARLENE BERMUDEZ/
`Examiner, Art Unit 1721
`
`/DUSTIN Q DAM/
`Primary Examiner, Art Unit 1721
`
`