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
`
`17/414,530
`
`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
`
`05/01/2024
`
`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)
`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 12 April 2024.
`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*
`1-5 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)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 20240425
`
`

`

`Application/Control Number: 17/414,530
`Art Unit: 1727
`
`Page 2
`
`CYLINDRICAL BATTERY
`
`DETAILED ACTION
`
`Response to Amendments
`
`1.
`
`Applicant’s amendments and arguments have been entered. A reply to the Applicant’s
`
`remarks/argumentsis presented after addressing the claims.
`
`2.
`
`Any rejections and/or objections made in the previous Office Action and not repeated
`
`below, are hereby withdrawn in view of Applicant’s amendments or/and arguments.
`
`3.
`
`The text of those sections of Title 35, U.S. Code not included in this action can be found
`
`ina prior Office action. References cited in the current Office action can be found in a prior
`
`Office action.
`
`Status of Claims
`
`4.
`
`Claims 1-5 are pending, wherein claims are amended and being examined on the merits
`
`in this office action.
`
`Claim Rejections - 35 USC § 112
`
`5.
`
`Claims 4 is 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 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.
`
`

`

`Application/Control Number: 17/414,530
`Art Unit: 1727
`
`Page 3
`
`Claim 4 recites the limitation "the sealing plate”. There is insufficient antecedent basis
`
`for this limitation in the claim.
`
`Claim Rejections - 35 USC § 102
`
`6.
`
`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});
`
`an electrolyte ([0039]);
`
`an exterior can (“22”) having an opening at one end thereofin an axial direction, the
`
`exterior can including:
`
`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 directly from an end of
`
`the bottomed cylindrical portion on an opening side, such that the annular
`
`shoulder portion extends from the end of the bottomed cylindrical portion to
`
`a tip of the annular shoulder portion facing the opening of the exterior can in
`
`a radial direction (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
`
`

`

`Application/Control Number: 17/414,530
`Art Unit: 1727
`
`Page 4
`
`the gasket includes an extending portion that extends from
`
`between the tip of the should portion and the sealing assembly (See the
`
`annotated Fig. 1), and
`
`the gasket intersects with all arbitrary straight lines connecting a
`
`first surface (See “‘a first surface...’ as claimed” in the annotated Fig. 1) anda
`
`second surface (See the annotated Fig. 1), wherein
`
`the first surface represents an entire surface of the
`
`annular shoulder portion which faces away from the
`
`electrode assembly in the axial direction, and is defined
`
`between the end of the bottomed cylindrical portion and
`
`the tip of the annular shoulder portion in the radial
`
`direction (See the annotated Fig. 1), and
`
`the second surface represents an entire surface of
`
`the sealing assembly which faces away from the electrode
`
`assembly in the axial direction, and is defined by an
`
`outermost circumference of the sealing assembly in the
`
`radial direction (See the annotated Fig. 1).
`
`

`

`Application/Control Number
`Art Uni
`
`17/414,530
`
`Page 5
`
`2
`PRRs
`SANS
`Secotet
`
`WARAk
`
`1727
`ersMEMEOhAteMiteAeehrhotborhocrCEESTEELEERY
`
`
`OSattackWoahMC
`
`GESEALEIHLDCELESTEIEILEALS
`Iftennsnrannrseonnnasoannnaced
`Eeaeng
`SOARAMAS
`uoketo
`ECSatESSGIGETSS
`PUPTELETEIEIOLLS
`StreenaneseanGEnsansh,
`Oaaekos2
`SEALAAAAaS
`SCGGCGAGeeofREEL
`
`naar
`
`wes
`
`*
`
`ac
`
`eSR
`
`SE
`
`ana
`
`Got
`ce2
`uo
`
`
` %ELWiltsay,
`SSEPLODOILSle
`
`REA,
`
`<<
`RARERAND
`
`aS
`
`S
`
`Regard
`
`ing cla
`
`im 2
`
`,
`
`Kuno
`
`ike teaches the cyl
`
`indr
`
`ical battery according to claim 1, wherein
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`

`

`Application/Control Number: 17/414,530
`Art Unit: 1727
`
`Page 6
`
`the second surface includesa first inclined surface portion that extends inward in the
`
`radial direction with an increasing distance from the electrode assembly in the axial direction,
`
`and
`
`the extending portion is bent so as to conformto 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 ordinaryskill 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 2, wherein
`
`in the axial direction, a distance between the sealing plate and the electrode assembly is
`
`shorter than a distance between the first surface and the electrode assembly, and
`
`the second surface includes an annular second inclined surface portion that extends
`
`inward in the radial direction with a decreasing distance from the electrode assembly in the
`
`axial direction,
`
`wherein the annular second inclined surface portion is located inward from the first
`
`inclined surface portion in the radial direction.
`
`See the annotated Fig. 1, below.
`
`

`

`Application/Control Number: 17/414,530
`Art Unit: 1727
`
`Page 7
`
`ai
`Epo
`20
`
`aye ws
`BEY sow
`
`
`
`ef
`Soa
`BERN
`
`RENE
`
`bee
`yee
`Kira
`e
`NEbi fs
`NG:
`NEES
`att
`Ni <4
`i.
`BG
`
`
`HABNERS
`mr
`THRE
`Nid
`NESGND
`}
`REVERE
`ee
`Nie FETC
`Sh
`ane ae
`anes
`ANMNEN
`SNe
`RERENE
`
`.
`Ne
`SEN ERE
`— aug
`
`
`
`.
`
`Ae i8e
`
`Regarding claim 5, Kunoike teaches the cylindrical battery according to claim 1, wherein
`
`in the axial direction, a farthest point of the gasket from the electrode assembly is closer
`
`to the electrode assembly than a farthest point of the annular shoulder portion from the
`
`electrode assembly.
`
`See the annotated Fig. 1, below.
`
`

`

`Application/Control Number: 17/414,530
`Art Unit: 1727
`
`Page 8
`
`>
`
`?
`
`ra
`he
`
`b
`
`
`
` Reaatbabedee
`
`R
`
`
`yyAisleTer:Seine
`CRASS
` os
`iy8
`
`YPELUEAPOLATTITEEPASELEEE 4%
`ELaA
`feeahtiSSaaBieBaaaaPLMMAMAARMAELMBRA
`
`EAAALLL
`
`LAELIABELLE: LES
`
`
`
` 3g
`
`7.
`
`Applicant's argumentsfiled April 12, 2024 have been fully considered but they are not
`
`Response to Arguments
`
`persuasive.
`
`Applicant's arguments are based on the claims as amended. The amended claims have
`
`been addressed in the new rejections above.
`
`As to the arguments with respect to “the gasket intersects with all arbitrary straight
`
`lines ...” as claimed, please see the above annotation in the annotated Fig. 1 for how this
`
`limitation is taught.
`
`

`

`Application/Control Number: 17/414,530
`Art Unit: 1727
`
`Page 9
`
`Conclusion
`
`8.
`
`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 MONTHS
`
`from the mailing date of this action.
`
`In the eventa first reply is filed within TWO MONTHS of
`
`the mailing date of this final action and the advisory action is not mailed until after the end of
`
`the THREE-MONTH shortened 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, however,will the
`
`statutory period for reply expire later than SIX MONTHS from the mailing date of this final
`
`action.
`
`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 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, 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 10
`
`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
`
`moreinformation about Patent Center and https://www.uspto.gov/patents/docx for
`
`information about filing in DOCX format. For additional questions, contact the Electronic
`
`Business Center (EBC) 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.
`
`/ZHONGQING WEI/
`Primary Examiner, Art Unit 1727
`
`