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`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/979,581
`
`09/10/2020
`
`TAKAAKI YOKOYAMA
`
`083710-3154
`
`9270
`
`McDermott Will and Emery LLP
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
`
`BERMUDEZ, CHARLENE
`
`1721
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/27/2023
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime 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):
`
`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`16/979,581
`YOKOYAMA, TAKAAKI
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`CHARLENE BERMUDEZ
`4721
`Yes
`
`
`
`-- The MAILING DATEof this 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 29 August 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)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*
`1-4,7-10 and 15 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) 1-4,7-10 and 15 is/are rejected.
`1) Claim(s)__is/are objectedto.
`Cj} 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://Awww.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... Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived 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)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20230913
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 2
`
`DETAILED ACTION
`
`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 AJA.
`
`Summary
`
`2.
`
`From the Office Action mailed on 01 August 2023, claims 1-4, 7-10, and 15 remain in
`
`the application for further examination.
`
`3.
`
`The 103 rejections are maintained, and a response to applicant’s filed remarks are
`
`included in this Office Action.
`
`4,
`
`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.
`
`Claims 1-4, 7-10, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Yoshii (WO 2017/110023 A) in view of Hano et al (US 2009/0148763 Al) and Zeng (WO
`
`02/101856 A2). Hereinafter referred to as Yoshii, Hano, and Zeng, respectively.
`
`6.
`
`Regarding claim 1, Yoshii discloses an alkaline battery (“alkaline dry battery” [0012])
`
`comprising:
`
`a tubular battery case (“battery case” [0012]);
`
`a positive electrodefilled in the battery case (“positive electrode filled in the battery
`
`case” [0012], “hollow cylindrical positive electrode 2” [0022], 2 Fig. 1), and including a stack of
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 3
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`n pieces of hollow tubularpellets (“stack of n hollow cylindrical pellets” [0012], “three pellets 2a
`
`and 2b” [0025], 2a and 2b Fig. 1);
`
`a negative electrode disposed in hollow portions ofthe pellets (“a negative electrode 3
`
`arranged in the hollow part of the positive electrode 2” [0022]);
`
`a separator disposed betweenthe positive electrode and the negative electrode (“separator
`
`4 has acylindrical shape with a bottom and is arranged on the inner surface of the hollow portion
`
`of the positive electrode 2 to separate the positive electrode 2 and the negative electrode 3”
`
`[0023]); and
`
`an alkaline electrolytic solution (“an alkaline electrolyte” [0022]),
`
`wherein the battery case includes a body portion having a thickness of 0.15 mm orless
`
`(“the thickness of the body of the battery case is controlled to 0.08 to 0.16 mm”[0058]),
`
`the positive electrode contains manganese dioxide and a conductive agent (“positive
`
`electrode 2 contains manganese dioxide and a conductive agent” [0023]), and
`
`nis an integer of 3 or more (“positive electrode 2 1s composedofa stack of a total of
`
`three pellets (n=3)” [0025]).
`
`Yoshii does not disclose whereinafirst proportion is lower than a second proportion, where the
`
`first proportion is a proportion of a mass of the conductive agent in a total mass of the
`
`manganese dioxide and the conductive agentin at least one whole pellet positioned in a middle
`
`portion in a height direction of the stack, and the second proportion is a proportion of a mass of
`
`the conductive agent in a total mass of the manganese dioxide and the conductive agent in at
`
`least one whole pellet positioned in one end of end portions in the height direction of the stack.
`
`However, Hanodiscloses an alkaline battery (“an alkaline battery” [0025], Fig. 1)
`
`comprising a tubular battery case (“battery case 101” [0027]), a positive electrode filled in the
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 4
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`battery case (“positive electrode 102 located at an inner side of the battery case 101” [0028]), a
`
`negative electrode (“negative electrode 103” [0027]), a separator disposed between the positive
`
`electrode and the negative electrode (104 Fig. 2A disposed between 102 and 103, “separator
`
`104” [0027]), and an alkaline electrolytic solution (“alkaline electrolyte” [0051]), wherein the
`
`battery case includes a body portion having a thickness of 0.15 mm orless (“thickness of the
`
`body portion la is 0.10 mm to 0.15 mm” [0045]) and the positive electrode contains manganese
`
`dioxide and a conductive agent(“the positive electrode using manganese dioxide serving as a
`
`positive electrode active material and graphite serving as a conductive agent” [0051]). Hano
`
`teaches at least one whole pellet positioned in a middle portion in a height direction of the stack
`
`(Fig. 1, and Fig. 5, representing the drop tests performed where an impact is made on a battery
`
`pack comprising of the alkaline battery along a height of a battery that element ‘14’ is disposed),
`
`and that depressions are formed in the middle portion in a height direction of the battery because
`
`the thickness of the body portion in this height of the battery case is insufficiently small ((0025])
`
`when a vibration or an impact is applied to the battery and a gelled negative electrode leaks out
`
`between the separator and a gasketof the battery case to the positive electrode side and causes an
`
`internal short circuit ([0003]).
`
`Moreover, Zeng discloses an alkaline battery (“an alkaline cell” p. 12 L2) comprising a
`
`tubular battery case (“a cylindrical steel casing 620” p. 15 L33), a positive electrodefilled in the
`
`battery case (“cathode mixture 612” p. 15 L35), a negative electrode (“Anode 615” p. 16 L14), a
`
`separator disposed between the positive electrode and the negative electrode (“A separator sheet
`
`690 can be placed against the inside surface of cathode disks 612a” p. 16 L10), and an alkaline
`
`electrolytic solution (“Aqueous KOHelectrolyte” p. 16 L11), wherein the positive electrode
`
`contains manganese dioxide and a conductive agent (“MnOz (EMD), and graphitized mesophase
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 5
`
`pitch-based carbon fibers” p. 15 L35). Zeng teachesa first proportion lower than a second
`
`proportion (pp. 21-23 — a decrease in “Wt%’ of ‘carbon fibers’ in Example 4 compared to
`
`Example 3, and in Example 6 compared to Example 5 was implemented), where the respective
`
`proportions is a proportion of a mass of the conductive agent in a total mass of the manganese
`
`dioxide and the conductive agent in at least one whole pellet (pp. 21-24 — Examples 3-4 and 5-6
`
`used a constant wt% of ‘MnO2 (EMD)’, which the proportion defined by the limitation yields a
`
`decreasing trend with this constant amount of MnO2 andthe decreasing wt% of the carbon
`
`fibers). Zeng further teaches an increasein pellet strength (Table 7 - Example 3 compared to
`
`Example 4, and Example 6 compared to Example7).
`
`Therefore, it would have been obvious for a person of ordinary skill in the art to modify
`
`the positive electrode of the alkaline battery of Yoshii in view of Hano and Zeng,afirst
`
`proportion is lower than a second proportion, wherethe first proportion is a proportion of a mass
`
`of the conductive agent in a total mass of the manganese dioxide and the conductive agentin at
`
`least one whole pellet positioned in a middle portion in a height direction of the stack, and the
`
`second proportion is a proportion of a mass of the conductive agent in a total mass of the
`
`manganese dioxide and the conductive agentin at least one whole pellet positioned in one end of
`
`end portionsin the height direction of the stack, in order to increase the strength ofthe at least
`
`one whole pellet in the middle portion in a height direction of the stack of n pellets of the battery
`
`of Yoshii where depressions are conventionally formed becausethe thickness of the body portion
`
`in this height of the battery case is insufficiently when a vibration or an impactis applied to the
`
`battery and a gelled negative electrode leaks out between the separator and a gasket of the battery
`
`case to the positive electrode side and causes an internal short circuit. The person of ordinary
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 6
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`skill in the art would recognize that this modification would effectively prevent an internal short
`
`with a reasonable expectation of success.
`
`7.
`
`Regarding claim 2, modified Yoshii discloses the alkaline battery of the limitations as set
`
`forth in claim 1 above, and wherein the first proportion is lower than the second proportion in
`
`each of the pellets positioned in both end portions in the height direction of the stack (Hano Fig.
`
`1 —it is commonintheart for depressions to be formed in a middle portion of the alkaline
`
`battery such that the modification in claim 1 above holdsthat it would have been obvious to
`
`lower the amount of conductive agentin this portion in order to obtain the improved alkaline
`
`battery taught in the rejection for claim 1 above).
`
`8.
`
`Regarding claim 3, modified Yoshii discloses the alkaline battery of the limitations as set
`
`forth in claim 1 above, and wherein a difference between the first proportion and the second
`
`proportion is 2.1% by mass or more (Zeng pp. 21-23 —adecrease of 4.5 to 2.25 in “Wt%’ of
`
`‘carbon fibers’ in Example 4 compared to Example 3, and in Example 6 compared to Example 5
`
`was implemented, corresponding to a difference of 2.25 wt% that resulted in the improvementin
`
`pellet strength).
`
`9.
`
`Regarding claim 4, modified Yoshii discloses the alkaline battery of the limitations as set
`
`forth in claim 1 above, and wherein the first proportion is 5.9% by mass or less (Yoshii “The
`
`content of the conductive agent in the positive electrode is, for example, 3 to 10 parts by mass,
`
`preferably 4 to 6 parts by mass, with respect to 100 parts by mass of manganese dioxide.”
`
`[0044]).
`
`10.
`
`Regarding claim 7, modified Yoshii discloses the alkaline battery of limitations as set
`
`forth in claim 1 above, and wherein the body portion has a thickness of 0.08 mm or more (Yoshii
`
`“the thickness of the body of the battery case is controlled to 0.08 to 0.16 mm” [0058]).
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 7
`
`11.
`
`Regarding claim 8, modified Yoshii discloses the alkaline battery of limitations as set
`
`forth in claim 1 above, and wherein a density of the manganese dioxide in each ofthe pelletsis
`
`2.76 g/cm3 or more and 3.14 g/cm3 or less (Yoshii Table 1 shows average densities of
`
`manganese dioxidein the battery to be 2.8 g/cm3 or morein the second to the last column on the
`
`righthandside of the translation of the table below).
`
`? MG? density qopwwhen making pellets |!
`Potatgs fone
`PARE SK
`
`.
`:
`3
`(ist &ledatages
`
`age}
`
`
`Cast
`
`
`NinOe density in battery (géem}
`Crack ko
`
`
`patetad
`RE
`ipessWiestaes
`:
`‘
`‘
`:
`
`
`(fat & Grd rowy
`Semnr mei
`|
`
`
`
`Case body
`Richness
`
`Testes
`
`vee
`
`
`
`
`
`
`12.
`
`Regarding claim 9, modified Yoshii discloses the alkaline battery of the limitations as set
`
`forth in claim 1 above, and wherein a difference between the density of the manganese dioxide
`
`of at least one whole pellet positioned in the middle portion in the height direction of the stack
`
`and the density of the manganese dioxide of at least one whole pellet positioned in the end
`
`portions in the height direction of the stack is 0.2 g/cm3 or less (Yoshii Table 1 above — the right
`
`half of the table for examples A3 through A5 indicate a difference of at least 0.2 g/cm3).
`
`13.
`
`Regarding claim 10, modified Yoshii discloses the alkaline battery of the limitations as
`
`set forth in claim 1 above, and wherein n is an integer of 3 or more and 8 or less (Yoshii “a stack
`
`of a total of three pellets (n=3)” [0025]).
`
`14.
`
`Regarding claim 15, modified Yoshii discloses the alkaline battery of limitations as set
`
`forth in claim 1 above, and wherein:
`
`whennis an odd number, the at least one whole pellet positioned in a middle portion in a
`
`height direction of the stack is a pellet through which a center planein the height direction of the
`
`stack passes (Yoshii Fig. 2, “The pellet 2a located in the center in the height direction of the
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 8
`
`stack is lighter in color(that is, the density of manganese dioxide is lower) than the twopellets
`
`2b located at both ends.” [0027]), and
`
`whennis an even number,the at least one whole pellet positioned in a middle portion in
`
`a height direction of the stack is at least one of two pellets sandwiching the center plane (Yoshii
`
`Figs. 3 and 4, [0030]).
`
`15.
`
`Applicant's arguments filed 26 August 2023 have been fully considered but they are not
`
`Response to Arguments
`
`persuasive.
`
`16.
`
`Applicant appears to remark that none of the references discloses the claim 1 limitation
`
`“a first proportion is lower than a second proportion, wherethe first proportion is a proportion of
`
`a mass of the conductive agent ... in a middle portion in a height direction of the stack, and the
`
`second proportion is ... in one of end portionsin the height direction of the stack” because Hano
`
`does not disclose a plurality of pellets in the disclosed battery and Zeng doesnot disclose varying
`
`the amount of manganese oxide amongpellets within one battery but amongbatteries.
`
`17.|However, in response to applicant’s remarks and for purposesofclarity, the references
`
`Hano and Zeng are used in combination to teach the recited limitation. Hano teaches the
`
`obviousness of locating the first proportion in a middle portion in the height direction of the
`
`battery, and Zeng teaches the obviousness of having thefirst proportion, which is claimed to be
`
`located in the middle portion of the battery, to be lower than the second proportion. As the Office
`
`Action stated, Hano teaches that the middle portion of the battery, and therefore the pellet
`
`located there, is conventionally depressed whenevera vibration or impact is applied to the
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 9
`
`battery due to a smaller body portion thickness andrisks the battery of its gelled negative
`
`electrode to leak out between its separator and gasketto its positive electrode that internally short
`
`circuits the battery. Zeng teaches an observation in a lowering of the proportion of the
`
`conductive agent for a battery analogous to Yoshii’s, whichisthat it increases the battery’s pellet
`
`strength. Therefore, one of ordinary skill in the art would be able to glean from the combined
`
`references of Hano and Zeng together to modify the battery of Yoshii because Zeng provides a
`
`technique of strengthening a pellet within a battery and Hano provides suggestion and rationale
`
`for one of ordinary skill to specifically modify pellet(s) within the middle portion of a battery
`
`analogous to Yoshii’s. MPEP 2143.01 Section III disclosesthat “if a technique has been usedto
`
`improve one device, and a person of ordinary skill in the art would recognizethat it would
`
`improve similar devices in the same way, using the technique is obvious unless its actual
`
`application is beyond his or herskill.” The examinerasserts that since these teachings are taught
`
`within the art, it would be within the skill level of a person of ordinary skill in the art to apply to
`
`another device such as Yoshii’s.
`
`Conclusion
`
`18.
`
`THIS ACTION IS MADE FINAL. 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
`
`MONTHSfrom the mailing date of this action. In the eventa first reply is filed within TWO
`
`MONTHSofthe mailing date of this final action and the advisory action is not mailed until after
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 10
`
`the end of the THREE-MONTHshortenedstatutory 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 MONTHSfrom the mailing
`
`date of this final action.
`
`19.
`
`Anyinquiry 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
`
`to registered users. To file and manage patent submissions in Patent Center, visit:
`
`https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more
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`information about Patent Center and https://www.uspto.gov/patents/docx for information about
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`filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC)
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 11
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`at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service
`
`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/CHARLENE BERMUDEZ/
`Examiner, Art Unit 1721
`
`/DUSTIN Q DAM/
`Primary Examiner, Art Unit 1721
`
`