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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
`
`17/415,270
`
`06/17/2021
`
`Ryo Kashimura
`
`P210545US00
`
`4628
`
`WHDA,LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA22182
`
`WYROUGH, PAUL CHRISTIAN ST
`
`1728
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/23/2024
`
`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`5a) Of the above claim(s) _ is/are withdrawn from consideration.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 06/17/2021 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 03/01/2022,06/17/2021,
`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 20240102
`
`Application No.
`Applicant(s)
`17/415,270
`Kashimuraetal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`PAUL C WYROUGH
`1728
`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 06/17/2021.
`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: 17/415,270
`Art Unit: 1728
`
`Page 2
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`DETAILED CORRESPONDENCE
`
`1.
`
`This is the first office action regarding application number 17/415,270,filed
`
`06/17/2021.
`
`Notice of Pre-AlA or AIA Status
`
`2.
`
`The present application, filed on or after March 16, 2013,
`
`is being examined
`
`underthefirst inventor to file provisions of the AIA.
`
`Priority
`
`Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C.
`
`119 (a)-(d). The certified copy has been filed in parent Application No. JP2018-246665,
`
`filed on 12/28/2018.
`
`Claim Objections
`
`Claims 5 is objected to because of the following informalities:
`
`The limitation “wherein an outer circumferential end edge of the sealing plate,” is
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`grammatically incomplete clause. The limitation “being to be caulked’” is grammatically
`
`incorrect. Appropriate correction is required.
`
`Claim Rejections - 35 USC § 112
`
`3.
`
`The following is a quotation of 35 U.S.C. 112(b):
`
`(bo) CONCLUSION.—The specification shall concludewith one or more claims particularly
`pointing out and distinctly claiming the subject m atter which the inventor or a jointinventor
`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 more claims particularly pointing outand distinctly
`claiming the subject matter which the applicant regardsas his invention.
`
`4.
`
`Claims 1-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA),
`
`second paragraph, asbeing indefinite for failing to particularly point out and distinctly
`
`

`

`Application/Control Number: 17/415,270
`Art Unit: 1728
`
`Page 3
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`claim the subject matter which the inventor or a joint inventor, or for pre-AlA the
`
`applicant regards as the invention.
`
`5.
`
`Regarding claims 1-5, the term “incline to a battery inward side toward a radially
`
`outer side” is unclear as to how theincline to a battery inward side relates to toward a
`
`radially outer side. For example, the claim could be describing anincline hill that both
`
`goes toward a radially inward and radially outer side, or it could be describing an single,
`
`askew surface spanning between a radially inner side and a radially outer side.
`
`Appropriate correction is required.
`
`Claim Rejections - 35 USC § 102
`
`6.
`
`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:
`
`A person shall be entitled to a patent unless —
`
`(a)(1) the claimed invention waspatented, described in a printed publication, orin public use,
`on sale or otherwise available to the public before the effective filing date of the claimed
`invention.
`
`7.
`
`Claims 1-5 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by
`
`Kohira (WO 2016157750 A1) (refer to enclosed translation for citations).
`
`8.
`
`Regarding claim 1,
`
`Kohira teaches a cylindrical battery [0002] comprising:
`
`e
`
`an electrode assembly (Fig. 1, 18) in which a positive electrode plate and a
`
`negative electrode plate are wound via a separator (Fig. 1, 15, 16, 17;
`
`e
`
`e
`
`[0048));
`
`an electrolyte solution [0016];
`
`a bottomedcylindrical exterior can that houses the electrode assembly and
`
`the electrolyte solution [0017]:
`
`

`

`Application/Control Number: 17/415,270
`Art Unit: 1728
`
`Page 4
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`and a sealing plate caulked and fixed to an opening of the exterior can via a
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`gasket (Fig. 1, 11; [0017],” caulked and fixed’):
`
`wherein the sealing plate has a circular shape in plan view (Fig. 1, cross
`
`section of circular plate 11; [0002)).
`
`and an outer circumferential end edge of the sealing plate (Fig. 2, 12a;
`
`[0021]).
`
`the outer circumferential end edge being to be caulked and fixed to the
`
`exterior can [0017];
`
`is formed in such a shapeasto incline to a battery inward side toward a
`
`radially outer side (wherein the examinerinterprets the element thereof as
`
`having an incline between the inner and outer side of the outer circumferential
`
`end edge; [0020], “inclined region’, such that there is a downwardly skewed
`
`surface approaching the central axis of the battery, wherein such surfaceis
`
`located near the outer circumferential end edge of the battery ).
`
`Before caulking andfixing [0017]. The term “before caulking and fixing’ is/are
`
`considered product-by-processlimitation. The cited prior art teaches all of the
`
`positively recited structure of the claimed apparatus or product. The
`
`determination of patentability is based upon the apparatus structureitself.
`
`The patentability of a product or apparatus does not depend onits method of
`
`production or formation.
`
`If the product in the product-by-process claim is the
`
`same as or obvious from a product of the prior art, the claim is unpatentable
`
`even though the prior product was madebya different process. See In re
`
`

`

`Application/Control Number: 17/415,270
`Art Unit: 1728
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`Page 5
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`Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (see MPEP
`
`§ 2113).
`
`9.
`
`Regarding claim 2,
`
`Kohira teaches the cylindrical battery according to claim 1 (see rejection of claim
`
`1 above), wherein the sealing plate has such a shape that a central region of the sealing
`
`plate is recessed on the battery inward side (Fig. 2, 12a; [0020]).
`
`10.
`
`Regarding claim 3,
`
`Kohira teachesthe cylindrical battery according to claim 1 (see rejection of claim
`
`1 above), wherein a starting point position of the inclined outer circumferential end edge
`
`of the sealing plate is located onaradially inner side with respect to an opening
`
`circumferential edge of the exterior can at a time of caulking and fixing to the exterior
`
`can (Fig. 2, 12a; [0020], [0040], [and [0017]. The term “at a time of caulking and fixing”
`
`is/are considered product-by-processlimitation. The cited prior art teaches all of the
`
`positively recited structure of the claimed apparatus or product. The determination of
`
`patentability is based upon the apparatus structure itself. The patentability of a product
`
`or apparatus does not depend on its method of production or formation.
`
`If the product
`
`in the product-by-process claim is the same as or obvious from a productof the prior
`
`art, the claim is unpatentable even though the prior product was madebya different
`
`process. See In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985)
`
`(see MPEP § 2113).
`
`11.
`
`Regarding claim 4,
`
`Kohira teaches a method of manufacturing a cylindrical battery the cylindrical
`
`battery comprising [0038-0063]:
`
`

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`Application/Control Number: 17/415,270
`Art Unit: 1728
`
`Page 6
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`an electrode assembly (Fig. 1, 18) in which a positive electrode plate and a
`
`negative electrode plate are wound via a separator (Fig. 1, 15, 16, 17;
`
`[0048));
`
`an electrolyte solution [0016];
`
`a bottomed cylindrical exterior can that houses the electrode assembly and
`
`the electrolyte solution [0017]:
`
`and a sealing plate caulked and fixed to an opening of the exterior can via a
`
`gasket (Fig. 1, 11; [0017],” caulked and fixed’);
`
`wherein the sealing plate has a circular shape in plan view (Fig. 1, cross
`
`section of circular plate 11; [0002)).
`
`and an outer circumferential end edge of the sealing plate (Fig. 2, 12a;
`
`[0021]).
`
`the outer circumferential end edge being to be caulked and fixed to the
`
`exterior can [0017];
`
`is formed in such a shapeasto incline to a battery inward side toward a
`
`radially outer side (wherein the examinerinterprets the element thereof as
`
`having an incline between the inner and outer side of the outer circumferential
`
`end edge; [0020], “inclined region’);
`
`before caulking and fixing [0017]. The term “before caulking and fixing’ is/are
`
`considered product-by-processlimitation. The cited prior art teaches all of the
`
`positively recited structure of the claimed apparatus or product. The
`
`determination of patentability is based upon the apparatus structure itself.
`
`The patentability of a product or apparatus does not depend onits methodof
`
`

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`Application/Control Number: 17/415,270
`Art Unit: 1728
`
`Page 7
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`production or formation.
`
`If the product in the product-by-process claim is the
`
`same as or obvious from a product of the prior art, the claim is unpatentable
`
`even though the prior product was made bya different process. See In re
`
`Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (see MPEP
`
`§ 2113).
`
`12.
`
`Regarding claim 5,
`
`Kohira teaches a sealing plate to be caulked and fixed to an opening of an
`
`exterior can of a cylindrical battery via a gasket (Fig. 1, 11; [0017],” caulked and
`
`fixed... gasket’); wherein an outer circumferential end edge of the sealing plate (Fig. 1,
`
`11; [0017],” caulked and fixed’); the outer circumferential end edge being to be caulked
`
`and fixed to the exterior can (Fig. 1, 11; [0017],” caulked and fixed”); is formed in such a
`
`shape asto incline to a battery inward side toward a radially outer side (Fig. 1, 12a;
`
`[0020)).
`
`Conclusion
`
`13.
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure: JP2010503186A, relevant to a curved outer end edge.
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to PAUL WYROUGH whosetelephone numberis
`
`(571)272-4806. The examiner can normally be reached on Monday-Friday 10am-5pm.
`
`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.
`
`

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`Application/Control Number: 17/415,270
`Art Unit: 1728
`
`Page 8
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, MATTHEW MARTIN can be reached on (571) 270-7871. The fax phone
`
`number for the organization where this application or proceeding is assigned is 571-
`
`273-8300.
`
`Information regarding the status of an application may be obtained from the
`
`Patent Application Information Retrieval (PAIR) system. Status information for
`
`published applications may be obtained from either Private PAIR or Public PAIR.
`
`Status information for unpublished applications is available through Private PAIR only.
`
`For more information about the PAIR system, see http://pair-direct.uspto.gov. Should
`
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`
`If you would like assistance froma
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/PAUL CHRISTIAN ST WYROUGH/
`Examiner, Art Unit 1728
`
`/MATTHEW T MARTIN/
`Supervisory Patent Examiner, Art Unit 1728
`
`

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`Application/Control Number: 17/415,270
`Art Unit: 1728
`
`Page 9
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