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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
`
`17/414,530
`
`06/16/2021
`
`Shin Haraguchi
`
`P210537US00
`
`9921
`
`WHDA, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA22182
`
`WEL ZHONGQING
`
`1727
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/12/2024
`
`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*
`1-5 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`5a) Of the above claim(s) _ is/are withdrawn from consideration.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) 1-5 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 16 June 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 20240106
`
`Application No.
`Applicant(s)
`17/414,530
`Haraguchi etal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`ZHONGQING WEI
`1727
`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 15 December 2022.
`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: 17/414,530
`Art Unit: 1727
`
`Page 2
`
`CYLINDRICAL BATTERY
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA 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.
`
`2.
`
`Receipt is acknowledgedof certified copies of papers required by 37 CFR 1.55.
`
`Priority
`
`Information Disclosure Statement
`
`3.
`
`The information disclosure statements (IDS) submitted on July 09, 2021, and March 04
`
`December 12, 2022 are being considered by the examiner.
`
`Claim Rejections - 35 USC § 112
`
`4.
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.—The specification shall conclude with one or moreclaims particularly
`pointing out and distinctly claiming the subject matter which the inventor or a joint
`inventor regards as the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AlA), second paragraph:
`The specification shall conclude with one or moreclaims particularly pointing out and
`distinctly claiming the subject matter which the applicant regards as his invention.
`
`5.
`
`Claims 1-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second
`
`paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject
`
`

`

`Application/Control Number: 17/414,530
`Art Unit: 1727
`
`Page 3
`
`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.
`
`Claim 1 recites “an inward side”, but it is unclear to claim whose “inward side”,
`
`rendering the claim indefinite. It appears that Applicant intends to claim the inward side of the
`
`cylindrical battery. The similar issue applies to “inner side” recited in claim 2.
`
`Claim 1 recites “a first surface” and “a second surface”. However, these surfaces are not
`
`well defined, because the references with respect to “opposite to” are not defined. A surface
`
`opposite to different references will cause different “first surface(s)” and “second surface(s)”. It
`
`appears that Applicant intends to refer to the shoulder portion and the sealing assembly as the
`
`references for “a first surface” and “a second surface”, respectively.
`
`Claim 2 recites “... bent to a side”, but whose side? With respect to what? It appears
`
`that Applicant intends to refer to the sealing assembly as a reference for “a side”.
`
`Claim 2 recites “by the first inclined surface portion”.
`
`The term “by the first inclined surface portion” in claim 2 is a relative term which
`
`renders the claim indefinite. The term “by” (interpreted as “near to or next to”) is not defined
`
`by the claim, the specification does not provide a standard for ascertaining the requisite
`
`degree, and one of ordinary skill in the art would not be reasonably apprised of the scopeof the
`
`invention. The limitation “by the first inclined surface portion” has been rendered indefinite by
`
`the use of the term “by”.
`
`Claim 4 recites “... closer to ...”. However, it is unclear how to measuredistances,
`
`meaningit is unclear where to start and end the measuring.
`
`

`

`Application/Control Number: 17/414,530
`Art Unit: 1727
`
`Page 4
`
`Claim 5 recites “... farthest ...” and “... closer to ...”. However, it is unclear how to
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`measuredistances, meaning it is unclear where to start and end the measuring.
`
`Claim Rejections - 35 USC § 102
`
`6.
`
`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 statutorybasis (i.e., changing from AIA to pre-AlA) for the rejection will not be
`
`considered a new ground of rejection if the prior art relied upon, and the rationale supporting
`
`the rejection, would be the same under either status.
`
`7.
`
`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 made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(a)(1) the claimed invention was patented, described in a printed publication, or in
`public use, on sale, or otherwise available to the public before the effective filing date of
`the claimed invention.
`
`(a)(2) the claimed invention was described in a patent issued under section 151, or in an
`application for patent published or deemed published under section 122(b), in which
`the patent or application, as the case may be, names another inventor and was
`effectively filed before the effective filing date of the claimed invention.
`
`8.
`
`Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) or 102(2)(2) as being anticipated by
`
`Kunoike et al. (US 20180047973 A1, hereafter Kunoike).
`
`Regarding claim 1, Kunoike teaches a cylindrical battery (See at least Figs. 1-2)
`
`comprising:
`
`an electrode assembly (“18”, Fig. 1) in which a positive electrode (“15”) and a negative
`
`electrode (“16”) are wound via a separator (“17”) ([0033});
`
`

`

`Application/Control Number: 17/414,530
`Art Unit: 1727
`
`an electrolyte ([0039]);
`
`Page 5
`
`an exterior can (“22”) having a bottomed cylindrical portion ([0023], Fig. 1) that houses
`
`the electrode assembly and the electrolyte (Fig. 1, [0023]), and an annular shoulder portion
`
`that is bent to an inward side in a radial direction from an end of the bottomed cylindrical
`
`portion on an opening side to extend to the inwardside (See the annotated Fig. 1); and
`
`a sealing assembly (“sealing unit 11”) caulked and fixed to the shoulder portion via a
`
`gasket (“21”) ([0023], Fig. 1), wherein
`
`the gasket includes an extending portion that extends from between a tip of the should
`
`portion on the inward side in the radial direction and the sealing assembly (See the annotated
`
`Fig. 1), and
`
`the gasket intersects with all arbitrary straight lines connecting a first surface of the
`
`shoulder portion on a side opposite to a side of the electrode assembly in an axial direction and
`
`a second surface of the sealing assembly on a side opposite to a side of the electrode assembly
`
`in the axial direction (See the annotated Fig. 1).
`
`

`

`Application/Control Number: 17/414,530
`Art Unit: 1727
`
`Page 6
`
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`
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`
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`
`
`Regarding claim 2, Kunoike teaches the cylindrical battery according to claim 1, wherein
`
`the second surface includesa first inclined surface portion that goes in a direction
`
`opposite to the electrode assembly in the axial direction toward an inner side in the radial
`
`direction, and
`
`the extending portion is bent to a side opposite to a side of the electrode assembly in
`
`the axial direction by the first inclined surface portion (See the annotated Fig. 1, above).
`
`Regarding claim 3, Kunoike teaches the cylindrical battery according to claim 2, and one
`
`of ordinary skill in the art would readily appreciate, based on the sectional view (Fig. 1) of the
`
`cylindrical battery, that the first inclined surface portion is an annular inclined surface portion.
`
`Regarding claim 4, Kunoike teaches the cylindrical battery according to claim 1, wherein
`
`the sealing assembly is located closer to the electrode assembly in the axial direction
`
`than the first surface, and
`
`

`

`Application/Control Number: 17/414,530
`Art Unit: 1727
`
`Page 7
`
`the second surface includes an annular second inclined surface portion that goes ina
`
`direction toward the electrode assembly in the axial direction toward the inner side in the
`
`radial direction, at the inward side in the radial direction with respect to the first inclined
`
`surface portion (See the annotated Fig. 1, below).
`
`ng,de
`
`Regarding claim 5, Kunoike teaches the cylindrical battery according to claim 1, wherein
`
`a first place of the gasket located farthest from the electrode assembly in the axial
`
`direction is located closer to the electrode assembly in the axial direction than a second place
`
`of the shoulder portion located farthest from the electrode assemblyin the axial direction (See
`
`the annotated Fig. 1, below).
`
`

`

`Application/Control Number: 17/414,530
`Art Unit: 1727
`
`Page 8
`
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`
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`
`Correspondence
`
`9.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to ZHONGQING WEI whosetelephone number is (571)272-4809.
`
`The examiner can normally be reached Mon - Fri 9:30 - 6:00.
`
`Examiner interviews 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 Automated Interview Request (AIR) at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Barbara Gilliam can be reached on (571)272-1330. The fax phone number for the
`
`organization wherethis application or proceeding is assigned is 571-273-8300.
`
`

`

`Application/Control Number: 17/414,530
`Art Unit: 1727
`
`Page 9
`
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`
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`
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`
`/ZHONGQING WEI/
`Primary Examiner, Art Unit 1727
`
`