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
`
`17/311,834
`
`06/08/2021
`
`Takahiro Nogami
`
`P210514US00
`
`4256
`
`WHDA, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA22182
`
`PHILLIP, TARIK JAMALI
`
`1722
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`12/11/2023
`
`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)
`17/311,834
`Nogami etal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`TARIK J PHILLIP
`1722
`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 8/30/2023.
`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*
`1-4 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 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) The drawing(s) filed on 6/8/2021 is/are: a)) 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)(¥) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)Y) All
`1.) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No. |
`3.2.) 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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`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 20231122
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 2
`
`834DETAILED ACTION
`
`Notice of Pre-AlA orAIA 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.
`
`Response to Amendments
`
`2.
`
`Response to communicationsfiled 8/30/2023, amendmentsto the claims
`
`have been acknowledged. Claims 1 is amended by the applicant.
`
`Claim Rejections - 35 USC § 103
`
`3.
`
`In the 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 ofrejection if the prior art
`
`relied upon, and the rationale supporting the rejection, would be the same under
`
`either status.
`
`4.
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basisfor all
`
`obviousnessrejections 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
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 3
`
`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.
`
`5.
`
`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 contentsofthe prior art.
`
`2. Ascertaining the differences between theprior art and the claims at
`
`issue.
`
`3. Resolving the level of ordinary skillin the pertinent art.
`
`4. Considering objective evidence present in the application indicating
`
`obviousness or nonobviousness.
`
`6.
`
`This application currently namesjoint inventors. In considering
`
`patentability of the claims the examiner presumesthat the subject matter of the
`
`various claims was commonly ownedas 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
`
`eachclaim that was not commonly owned as of the effectivefiling 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.
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 4
`
`7.
`
`Claim(s) 1-4 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Kohira et al.(US 2017/0110699 A1).
`
`1.
`
`Regarding claim 1, Kohira discloses a sealed battery [abstract] [fig.1A]
`
`comprising an exterior cylinder (tubular) case 15 and sealing member 20 (a metal
`
`[0034]) having an opening 24 [Fig.1A]. Kohira further teaches electrode assembly
`
`14 disposed in the exterior case 15 [abstract] made of metal [0019] [Fig.1A]. This
`
`thereby satisfies a sealed battery comprising a battery case including a bottomed
`
`tubular exterior can anda sealing assembly sealing an opening of the exterior can:
`
`and an electrode assembly housed in the battery case wherein the sealing
`
`assembly includes a metal plate.
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page5
`
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`
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`
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`
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`
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`
`Fig.1A: Kohira etal.
`
`Kohira teaches sealing member 20 as a metal (plate) [0034][Fig.1A]. Kohira
`
`discloses sealing member 20 including a thin fragile portion 22 witha smaller
`
`thickness than the other regions [0022]. Kohira discloses fragile portion 22 having
`
`an inclined surface [Fig.1A-22](encircled above) located between twoflat surfaces
`
`(in the x-plane) of sealing member 20. Kohira teachesfragile portion 22 having an
`
`inclined surface wherein the surface expands toward the direction of inside the
`
`battery caseinthe radial direction [Fig.1A].
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 6
`
`Exterior sealing member 20 being a metal (plate) therefore satisfies the
`
`sealing assembly includes a metal plate as claimed. Sealing member 20 of the
`
`exterior case comprising fragile portion 22 having a smaller thickness than other
`
`regions and having aninclined surface therefore satisfies the claimed projection
`
`(of the metal plate) expanding toward the outside of the battery case and
`
`wherein the projection includes an inclined part inclined so as to be gradually
`
`apart from the electrode assembly as going toward an inside from an outside of
`
`the sealing assemblyin a radial direction [fig.1A] as claimed.
`
`Kohira further discloses fragile portion 22 having a smaller thickness than
`
`other regions of sealing member 20 forming a hole so that gas generated inside
`
`the battery in the event of abnormalities (such as when the pressureinside the
`
`exterior case exceeds a prescribed value [0024]) can be easily discharged [0022].
`
`This thereby satisfies wherein the projection (fragile part 22) includes a thin part
`
`that has a smaller thickness than a portion except the inclined part and takes
`
`priority when an internal pressure of the battery exceeds a predetermined
`
`threshold is formed in at least part of the inclined part as claimed.
`
`Sealing member 20 (a metal plate) comprising two flat pieces
`
`(horizontal/parallel in the x-plane) that surround the inclined portion (fragile
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 7
`
`portion 22)[Fig.1A] therefore satisfy the claimed flange part formed around the
`
`projection as claimed.
`
`Regarding claim 1, Kohira fails to specifically disclose wherein the smaller
`
`thickness of the thin part is less than a thickness at a boundary between the
`
`inclined part and the flange part as claimed.
`
`However, the size (shape) of the thin fragile part is optimizable, adjustable
`
`as one of ordinaryskill in the art would not want a connection between the fragile
`
`part 22 and the flange part to be as fragile as the thinnest portion offragile
`
`portion 22 ( which forms a hole during an overpressure/thermal event) in order to
`
`forma structurally stable, rigid battery external lid. Having the thinnest part of
`
`the fragile portion 22 connected to another connection member (the flange part)
`
`would increase the overall structural liabilities/defects of the upper lid member
`
`20. The examiner asserts however the size of fragile portion 22 comprising a thin
`
`part can be changed as it would have been obvious to have the thinnest part of
`
`fragile portion 22 located within the center of the inclined member 22 as the
`
`connection portion of the flange and fragile portion 22 affect the structural
`
`integrity of the overall battery case. Therefore it would have been obvious to
`
`have the connection portion connecting the flange part and fragile part 22 to
`
`have a larger thickness than the center portion of fragile part 22 thereby forming
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 8
`
`an external battery casing lid used for protection and structural support to have a
`
`moresecure,rigid connection.
`
`Therefore it would have been obvious to one of ordinaryskill in the art
`
`before the effectivefiling date of the claimed invention to change the size of the
`
`peripheral portionsofthe thin, fragile portion 22 to have the connection portion
`
`with the flange part oflid 20 to have larger thickness than the center region of the
`
`slanted, fragile portion 22 in order to increase the structural integrity of the
`
`external case MPEP 2144.05(IV)(A) /n re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA
`
`1955)
`
`2.
`
`Regarding claim 2, Kohira disclosesall of the limitations set forth above.
`
`Kohira discloses sealing member 33 includes cap 34 (top plate) [Fig 2][0047].
`
`Kohira further teachespositive electrode current collector 18 (electrode lead)
`
`welded to the lower flat surface of the sealing member 20 [0020] [Fig.1A]. This
`
`thereby satisfies wherein the metal plate constitutes a top plate of the sealing
`
`assembly and an electrode lead connected to a positive electrode or a negative
`
`electrode of the electrode assembly is welded to the flange part.
`
`3.
`
`Regarding claim 3, Kohira disclosesall of the limitations set forth above.
`
`Kohira discloses fragile portion 22 as aninclined portion of sealing member 20
`
`having a smaller thickness than the other regions [0022]. Kohira further discloses
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 9
`
`the inclined surfaces (fragile portion 22) is surrounded by twoflat surface
`
`portions comprising sealing member 20 [fig.2A]. This thereby satisfies wherein the
`
`projection includesa flat top part enclosed by the inclined part.
`
`Kohira however fails to disclose wherein a thicknessof the thin part is 30%
`
`to 50% of a thickness of the top part as claimed. However, the thickness ratio of
`
`fragile portion 22 (having a smaller thickness than the other regions as taught by
`
`Kohira) and the top flat portion of sealing member 20 is optimizable as fragile
`
`portion 22 having a smaller thickness than other regions need to be thinner in
`
`order to forma hole to discharge gas in the event of abnormalities [0022] but also
`
`strong enough to maintain structural integrity of the battery case and electrode
`
`assembly encased within under normal operating conditions.
`
`Therefore it would have been obvious to one of ordinaryskill in the art
`
`before the effectivefiling date of the claimed invention to optimize the thickness
`
`ratio of fragile portion 22 having a smaller thickness than other regions of sealing
`
`member 20 as taught by Kohira wherein the size ratio of fragile portion 22 is 30%
`
`to 50% the thickness of the top flat portion of sealing member 20 in order to
`
`arrive at an exterior battery lid than can effectively keep its structural integrity
`
`under normal operating conditions while forming a hole in order to discharge gas
`
`to the outside of the battery case under abnormal conditions. MPEP 2144.05(Il)
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 10
`
`[W]here the general conditions of a claim are disclosed in the prior art,it is
`not inventive to discover the optimum or workable ranges by routine
`experimentation.” /n reAller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA
`1955)
`
`4.
`
`Regarding claim 4, Kohira disclosesall of the limitations set forth above.
`
`Kohira discloses fragile portion 22 (projection of metal plate sealing member 20
`
`having an inclined surface) [Fig.1A] as having a smaller thickness than the other
`
`regions [0022] of sealing member 20. Kohira further disclosesfragile portion 22
`
`[Fig.1A] wherein the smaller thickness (thin part) represents 100% ofthe fragile
`
`portion 22 having an inclined surface [Fig.1A-22]. The smaller thickness(thin part)
`
`comprising the entirety of inclined fragile portion 22 (projection of the sealing
`
`member 20) thereby satisfies wherein the thin part is formedina range
`
`exceeding 20% of the inclined part as 100% exceeds 20% as claimed.
`
`Response to Arguments
`
`5.
`
`Applicants’ argumentsfiled 7/25/2023, with respect to rejections of
`
`claims 1-4 under the anticipation rejection over Kohira et al. (US 2017/0110699
`
`A1) have been fully considered and are persuasive. However Kohira remains as
`
`the reference in the newly presented 103 rejections for the following reasos.
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 11
`
`6.
`
`Applicant submits Kohira fails to disclose wherein the smaller thickness of
`
`the thin part is less thanathickness at a boundary between the inclined part and
`
`the flange part. Applicant argues Kohira fails to disclose “ a smaller thickness” of
`
`fragile portion 22 is specifically located, nor whether said “smaller thickness”is
`
`less than a thickness at a boundary between the inclined part and the fragile part.
`
`7.
`
`Examiner asserts however Kohira discloses wherein fragile portion contains
`
`a smaller thickness than other regions [0022]. While Kohira does not explicitly
`
`discloses wherethe exact location of the smaller thickness is located alongfragile
`
`portion 22, one of ordinary skillin the art would have positioned (rearranged) the
`
`smaller thickness configured to formahole in the event of battery abnormality
`
`[0022] to be located within the center region offragile portion 22 wherein the
`
`peripheral portionsof fragile portion 22 (connected to additional external casing
`
`memberssuch as the flange portions of sealing member 20) is thicker than central
`
`portions offragile portion 22. It would have been obvious to one of ordinaryskill
`
`in the art to configure the peripheral portions of fragile portion 22 (connected to
`
`flange portions) to have a larger thickness as one of ordinaryskill in the art would
`
`not want a connection interface betweenfragile portion 22 anda flange portion
`
`to forma hole as it would impact the structural integrity of the external case
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 12
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`whichis needed to remain structurally intact to protect and secure internal
`
`battery elements.
`
`Conclusion
`
`8.
`
`Applicant's amendmentnecessitated the new ground(s) of rejection
`
`presented in this Office action. Accordingly, THIS ACTION IS MADEFINAL. See
`
`MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set
`
`forthin 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. Inthe eventafirst reply is
`
`filed within TWO MONTHS ofthe mailing date ofthis final action and the advisory
`
`action is not mailed until after the end of the THREE-MONTH shortenedstatutory
`
`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. Inno event, however,will
`
`the statutory period for reply expire later than SIX MONTHS from the dateof this
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`final action.
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 13
`
`8.
`
`Any inquiry concerning this communication or earlier communications from
`
`the examiner should be directed to TARIK J PHILLIP whose telephone number is
`
`(571)272-2535. The examiner can normally be reached Mon-Fri 8am-5pm.
`
`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, Cynthia Kelly can be reached on (571) 272-1526. The fax
`
`phone number for the organization wherethis application or proceedingis
`
`assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications
`
`may be obtained from Patent Center. Unpublished application informationin
`
`Patent Center is available to registered users. To file and manage patent
`
`submissions in Patent Center,visit: https://patentcenter.uspto.gov.Visit
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`https://www.uspto.gov/patents/apply/patent-center for more information about
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`
`Center (EBC) at 866-217-9197 (toll-free). If you would like assistance froma
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 14
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`USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA)
`
`or 571-272-1000.
`
`/TARIKJ PHILLIP/
`Examiner, Art Unit 1722
`
`/CYNTHIAH KELLY/
`Supervisory Patent Examiner, Art Unit 1722
`
`