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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
`
`17/311,834
`
`06/08/2021
`
`Takahiro Nogami
`
`P210514US00
`
`4256
`
`WHDA, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA22182
`
`RAYMOND,BRITTANYL
`
`1722
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/03/2024
`
`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)
`
`

`

`
`
`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`5a) Of the above claim(s) _ is/are withdrawn from consideration.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
`1.1) Certified copies of the priority documents have been received.
`2.1.) Certified copies of the priority documents have been received in Application No. |
`3.) 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 20240327
`
`Application No.
`Applicant(s)
`17/311,834
`Nogami etal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`BRITTANY L RAYMOND
`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 3/11/2024.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)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.
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`1.
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`The present application, filed on or after March 16, 2013,
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`is being examined
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`underthefirst inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 112
`
`2.
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.—The specification shall concludewith one or more claims particularly
`pointing out and distinctly claiming the subject matter which the inventor or a jointinventor
`regards as the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AIA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing outand distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`3.
`
`Claim 1
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`is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second
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`paragraph, as being indefinite for failing to particularly point out and distinctly claim the
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`subject matter which the inventor or a joint inventor (or for applications subject to pre-
`
`AlA 35 U.S.C. 112, the applicant), regards as the invention.
`
`In claim 1, line 12, it is unclear what is meant by “a portion except the incline
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`part”. This portion should be described moreclearly.
`
`Claim Rejections - 35 USC § 102
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`4.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that
`
`form the basis for the rejections under this section madein this Office action:
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`A person shall be entitled to a patent unless —
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`(a)(1) the claimed invention waspatented, described in a printed publication, orin public use,
`on sale, or otherwise available to the public beforethe effectivefiling date of the claimed
`invention.
`
`5.
`
`Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ko
`
`(KR Publication 2018-0080847).
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 3
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`Regarding claim 1, Ko discloses a secondary battery comprising: an electrode
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`assembly, a case for accommodating the electrode assembly, and a cap assembly
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`coupled to an opening of an upper part of the case for closing the case, wherein the
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`bottom of the case is closed and it has a cylindrical shape (Paragraphs 0024 and 0030).
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`Ko also discloses that the cap assembly comprises a cap up madefrom a plate, which
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`comprises a terminal portion top plate (projection part) convexly formed in the center
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`upward, a coupling portion (flange part) located on the outer periphery of the terminal
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`portion, and a connection part (inclined part) connected the coupling portion with the
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`terminal portion (Paragraphs 0035, 0036). Ko teachesthat the thickness of the terminal
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`portion is less than the thickness of the coupling portion, and that the thickness of the
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`connection part is less than the thickness of the terminal portion, and that the thickness
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`of the connection part gradually increases from the portion where it meets the terminal
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`portion to the portion whereit meets the connection portion (Paragraph 0036). Thus, a
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`portion of the connection part has a thin part that is less than the thickness of the other
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`parts of the cap up. Additionally, the thickness of the thin part would haveto be less
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`than the thickness at the area where the connection part meets the coupling portion
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`because the thickness of the connection part increases as it approachesthis area (Fig.
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`2).
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`Ko teaches every limitation of claim 1 of the present invention and thus
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`anticipates the claims.
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`Claim Rejections - 35 USC § 103
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`6.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis forall
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`obviousness rejections set forth in this Office action:
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`

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`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 4
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`A patent fora claimed invention may notbe obtained, notwithstanding thatthe claimed
`invention is not identically disclosed as set forth in section 102, if the differences between the
`claimed invention and the prior artare such that the claimed invention as a whole would have
`been obvious beforethe effective filing date of the claimed invention to a person having
`ordinary skill in the art to which the claimed invention pertains. Patentability shall notbe
`negated by the mannerin whichthe invention was made.
`
`The factual inquiries for establishing a background for determining obviousness
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`under 35 U.S.C. 103 are summarized asfollows:
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`1. Determining the scope and contents of the priorart.
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`2. Ascertaining the differences between the prior art and the claims at issue.
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`3. Resolving the level of ordinary skill in the pertinent art.
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`4. Considering objective evidence present in the application indicating
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`obviousness or nonobviousness.
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`7.
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`Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ko
`
`(KR Publication 2018-0080847) in view of Kohira (U.S. Patent Publication
`
`2017/01 10699).
`
`The teachings of Ko have been discussed in paragraph 5 above.
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`Ko fails to disclose that an electrode lead of a positive electrode or negative
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`electrode in the electrode assembly is welded to the coupling portion.
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`Kohira discloses a cylindrical sealed battery comprising: a bottomed cylindrical
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`exterior case, a sealing member, and an electrode assembly within the exterior case,
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`wherein the sealing memberis crimped together with an open endof the exterior case
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`(Paragraphs 0008-0010). Kohira also discloses that a positive electrode current
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`collector connected to the positive electrode plate in the electrode assembly is welded
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`to the lower surface of the sealing member (Paragraph 0020). Fig. 1A showsthat the
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`

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`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 5
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`area of the sealing memberthatit is attached to positive electrode current collector is a
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`peripheral area similar to the flange part of the present invention.
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`It would have been obviousto oneof ordinary skill in the art before the effective
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`filing date of the present invention that an electrode lead from an electrode in the
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`electrode assembly of Ko could be welded to the coupling portion because Kohira
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`teachesthat not including safety vent portions below the cap up portion as part of the
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`sealing memberallows gas to be discharged sufficiently through a hole formed in the
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`cap up, which prevents damage the sidewall of the case. Thus, Kohira teaches that the
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`safety vent structure would not be present, which would leave only the cap up portion
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`that the lead would be welded to.
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`8.
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`Claim(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Ko (KR Publication 2018-0080847).
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`The teachings of Ko have been discussed in paragraph 5 above. Ko showsin
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`Fig.
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`1 that the terminal portion has a flat top, as recited in claim 3 of the present
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`invention.
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`Ko fails to specifically teach that a thickness of the thin part is 30-50%of a
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`thickness of the top part of the terminal portion, and that the thin part is formed in more
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`than 20% of the connection part.
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`Ko teaches that the connection portion is stretched thinner than the terminal part
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`and is thin enough to break when a temperature of a built-up gas rises (Paragraphs
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`0036 and 0037). Ko also teaches that the connection portion increases in thickness
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`from the terminal part to the connection portion (Paragraph 0036).
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`

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`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 6
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`It would have been obvious to oneof ordinary skill in the art, before the effective
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`filing date of the present invention to optimize the thickness ratio of thin part of the
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`connection portion to other members of the cap assembly so thatit is 30-50% ofa
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`thickness of the terminal portion in orderto arrive at an exterior battery lid that can
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`effectively keep its structural integrity under normal operating conditions while forming a
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`hole in order to discharge gas to the outside of the battery case under abnormal
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`conditions.
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`It also would have been obvious to oneof ordinary skill in the art to optimize
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`the percentage of the connection part that the thin portion is formed in so that it is more
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`than 20% of the connection part in order to allow for fracturing of the thin part and
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`release of enough gas during abnormal conditions of the battery, which prevents
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`explosion of the battery.
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`Conclusion
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`9.
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`Anyinquiry concerning this communication or earlier communications from the
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`examiner should be directed to BRITTANY L RAYMOND whosetelephone numberis
`
`(571)272-6545. The examiner can normally be reached Monday-Friday 9 am-5 pm.
`
`Examinerinterviews are 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 AutomatedInterview Request
`
`(AIR) at http:/Avwww.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 numberfor
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`the organization where this application or proceeding is assigned is 571-273-8300.
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 7
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`
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`
`BRITTANY L. RAYMOND
`
`Examiner
`
`Art Unit 1722
`
`/BRITTANY L RAYMOND/
`Primary Examiner, Art Unit 1722
`
`