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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
`
`17/728,987
`
`04/26/2022
`
`MASAHISA FUJIMOTO
`
`083710-3663
`
`TIA9
`
`Rimon PC - Panasonic Corporation
`8300 Greensboro Dr
`Suite 500
`McLean, VA 22102
`
`ESTES, JONATHAN WILLIAM
`
`1725
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/04/2024
`
`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):
`USPTOmail @rimonlaw.com
`
`eofficeaction @appcoll.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-3 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`5a) Of the above claim(s) _ is/are withdrawn from consideration.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) 1-3 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)[¥) 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) All
`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)
`
`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 20241001
`
`Application No.
`Applicant(s)
`17/728,987
`FUJIMOTO, MASAHISA
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`JONATHAN W ESTES
`1725
`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 April 26, 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: 17/728,987
`Art Unit: 1725
`
`Page 2
`
`Notice of Pre-AlA orAIA Status
`
`The presentapplication,filed on or after March 16, 2013, is being examined under the first
`
`inventorto file provisions of the AIA.
`
`Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
`
`Priority
`
`Information Disclosure Statement
`
`The information disclosure statement(IDS) submitted on April 26, 2022 is in compliance with
`
`the provisions of 37 CFR 1.97. Accordingly, the information disclosure statementis being considered by
`
`the examiner.
`
`Claim Rejections - 35 USC § 102
`
`Inthe 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 of
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same
`
`under either status.
`
`The following isa quotation of the appropriate paragraphsof 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 ina 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 ina patent issued under section 151, or in anapplication
`for patent published or deemed published under section 122(b), in which the patent or application, as
`
`

`

`Application/Control Number: 17/728,987
`Art Unit: 1725
`
`Page 3
`
`the case maybe, names another inventor and was effectively filed before the effective filing date of
`the claimed invention.
`
`Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kubota (JP
`
`2004063432 A).
`
`Regarding Claim 1, Kubota is an analogous art to the instant application, disclosing structure
`
`which comprises a nonaqueouselectrolyte secondary battery (Paragraph 0158, “At that time, a negative
`
`electrode material, a positive electrode material, a non-aqueous solvent, an electrolyte salt, or the like
`
`capable of inserting and extracting a light metal is selected according to the light metal.”
`
`|.”
`
`) comprising a
`
`positive electrode capable of occluding and releasing lithium (Paragraph 0083,“Next, when discharging
`
`is performed,first, the lithium metal deposited on the negative electrode 22 is eluted as ions and is
`
`occluded in the positive electrode mixture layer 21b via the electrolytic solution impregnatedin the
`
`separator 23.”) and a negative electrode including a negative elect rode current collector (Paragraph
`
`0027, “The negative electrode 22 has, for example, a structure in which a negative electrode mixture
`
`layer 22b is provided on both surfacesof a negative electrode current collector 22a”), and an electrolyte
`
`solution (Paragraph 0158, “At that time, a negative electrode material, a positive electrode material, a
`
`non-aqueous solvent, an electrolyte salt, or the like capable of inserting and extracting a light metal is
`
`|.”
`selected according to the light metal.”) including a solvent (Abstract, “The separator23 is impregnate
`
`with as electrolyte solution with lithium fused in a solvent.”).
`
`Additionally, Kubota discloses structure wherein the lithium metal precipitates on the negative
`
`electrode during charging (Paragraph 0038, “Inthis secondary battery,lithium metal starts to precipitate
`
`on the negative electrode 22 at the time when the open circuit voltage (that is, the battery voltage) is
`
`lower than the overcharge voltage in the charging process.”), and where the lithium metal dissolves in
`
`the electrolyte dissolves in the electrolyte solution during discharging (Paragraph 0101, “The secondary
`
`battery according to the third embodiment of the present invention useslithium metal as a negative
`
`

`

`Application/Control Number: 17/728,987
`Art Unit: 1725
`
`Page 4
`
`electrode active material, andthe capacity of the negative electrode is represented by a capacity
`
`component due to precipitation and dissolution oflithium.” ; Paragraph 0083,“Next, when dischargingis
`
`performed,first, the lithium metal deposited on the negative electrode 22 is eluted as ions andis
`
`occluded in the positive electrode mixture layer 21b via the electrolytic solution impregnatedin the
`
`separator 23.”)
`
`Additionally, Kubota discloses structure wherein the solvent is composedonly of vinylene
`
`carbonate (Paragraph0105,“That is, the solvent contains at least one of a group consisting of ethylene
`
`carbonate, vinylene carbonate,” ), as represented in regards totheir example 2-5, which comprises 100%
`
`vinylene carbonate, as presented in Kubota’s table 3.
`
`Regarding Claim 2, Kubota anticipates the invention of Claim 1. Additionally, Kubota discloses
`
`structure wherein the negative electrode current collector is composed of a metal that does notalloy
`
`with lithium, through their disclosure of a copper negative electrode current collector (Paragraph 0116,
`
`““and then uniformly applied to both surfaces of a negative electrode current collector 22a formed of a
`
`10 um-thick strip-shaped copper foil.”), based on the definition of the instant specification that the
`
`group of metals that do notalloy with lithium include copper, nickel, and iron (Paragraph 0037,
`
`“Specifically, the metal material may be a metal material that does not alloy with lithium. Examples of
`
`such a metal materialinclude copper, nickel, iron, and alloys including the above metallic elements.
`
`Examplesof the alloys include a copper alloy and a stainless steel.”).
`
`Regarding Claim 3, Kubota anticipates the invention of Claim 2. Additionally, Kubota discloses
`
`structure wherein the negative electrode current collector includes copper (Paragraph 0116, ““and then
`
`uniformly applied to both surfaces of a negative electrode current collector 22a formed of a 10 m-thick
`
`strip-shaped copper foil.”).
`
`

`

`Application/Control Number: 17/728,987
`Art Unit: 1725
`
`Page5S
`
`Conclusion
`
`Anyinquiry concerning this communication or earlier communications from the examiner
`
`should be directed to JONATHAN W ESTES whose telephone number is (571)272-4820. The examiner
`
`can normally be reached Monday - Friday 8:00 - 5:30.
`
`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 reachthe examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Basia Ridley can be reached on 5712721453. The fax phone number for the organization wherethis
`
`application or proceeding is assigned is 571-273-8300.
`
`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 managepatent submissions in Patent Center,visit: https://patentcenter.us pto. gov.Visit
`
`https ://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and
`
`https ://www.uspto.gov/patents/docx for information aboutfiling 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.
`
`/J.W.E./
`Examiner, Art Unit 1725
`
`/CHRISTOPHER P DOMONE/
`Primary Patent Examiner, Art Unit 1725
`
`

`

`Application/Control Number: 17/728,987
`Art Unit: 1725
`
`October 2, 2024
`
`Page 6
`
`

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