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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
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`17/785,267
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`06/14/2022
`
`Keisuke Yamashita
`
`P220576US00
`
`5904
`
`WHDA, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA22182
`
`MARTIN, TRAVIS LYNDEN
`
`1721
`
`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`11/04/2024
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`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.
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`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
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`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`5a) Of the above claim(s) _ is/are withdrawn from consideration.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 14 June 2022 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)
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`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)
`
`Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
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`Office Action Summary
`
`Part of Paper No./Mail Date 20241010
`
`Application No.
`Applicant(s)
`171785,267
`Yamashita, Keisuke
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`TRAVIS L MARTIN
`1721
`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
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`1) Responsive to communication(s) filed on 14 June 2022.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`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.
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`

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`Application/Control Number: 17/785, 267
`Art Unit: 1721
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`Page 2
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`DETAILED ACTION
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`Summary
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`e=This is the first action on merits for the application filed on 6/14/2022.
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`e Regarding priority, receipt is acknowledged of certified copies required by 37 CFR1.55.
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`e Apreliminary amendment was filed on 6/14/2022.
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`e
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`Claims 1-5 are pending.
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`Notice of Pre-AlA orAIA Status
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`The presentapplication,filed on or after March 16, 2013, is being examined under the first
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`inventorto file provisions of the AIA.
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`Claim Rejections - 35 USC § 112
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b} CONCLUSION.—The specification shall conclude with one or more claims 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.
`
`Claims 1-5 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), second paragraph, as
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`being indefinite for failing to particularly point out and distinctly claim the subject matter which the
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`inventoror a joint inventor (or for applications subject to pre-AlA 35 U.S.C. 112, the applicant), regards
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`as the invention.
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`Regarding claims 1 and 2, the term “caulked’is indefinite. Where applicant acts as his or her
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`own lexicographer to specifically define a term of aclaim contraryto its ordinary meaning, the written
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`description must clearly redefine the claim termand set forth the uncommondefinition so as to put one
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`

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`Application/Control Number: 17/785, 267
`Art Unit: 1721
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`Page 3
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`reasonably skilled in the art on notice that the applicant intended to soredefine that claimterm. Process
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`Control Corp. v. HydReclaim Corp., 190 F.3d 1350, 1357, 52 USPQ2d 1029, 1033 (Fed. Cir. 1999). The
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`term “caulked” has an accepted meaning of “to stop up and maketight against leakage” (“Caulk.”
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`Merriam-Webster.com Dictionary, Merriam-Webster,:
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` 4). In claim 1 the metal componentis caulked by
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`exterior can (6th limitation) and the resin componentis caulked bythe metal component(7th
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`limitation). It is unclear what elementis acting as the seal and in what manner the seal is being formed.
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`In claim 2 the flange portion of the metal component is caulked to the exterior can and the resin
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`componentis caulked to the inner end plate portion. In the former case,similar to claim 1, the claim
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`reads as one metal element sealing another.
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`If the intent is for the resin component to act as the seal and/or for one metal element to
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`compress or crimp onto another with the resincomponent interposed the applicant is encouraged to
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`make that clear. Notably the abstract uses the term “crimp-secured” with no mention of “caulked” while
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`the specification makes multiple mentions of “caulked”, such as in par. [0007], without a clear definition
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`of the term. Thereis also notably no support in the specification for caulked to refer to a substance such
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`as an adhesive or viscous sealant, j.e., caulk.
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`Regarding claim 2, it is unclear if “a connection part” is the same or a different connection part
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`given in claim1. While figure 1 elements G and 17 correspond to the two connection parts in claims 1
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`and 2 respectively, this distinction is not present in the current claim language.
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`Claims 3-5 are rejected due to being dependent on claim 1.
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`Allowable Subject Matter
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`Claims 1-5 would be allowable if rewritten or amended to overcome the rejection(s) under 35
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`U.S.C. 112(b) or 35 U.S.C. 112 (pre-AlA), 2nd paragraph, set forth in this Office action.
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`

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`Application/Control Number: 17/785, 267
`Art Unit: 1721
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`Page 4
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`In regards tothe 112(b) and interpretation, for the purposes of examination “caulked”is being
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`interpreted to mean crimped wherein the metal componentis crimped onto the resincomponent and
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`the exterior can is crimped onto the metal component with the resin component interposed. Support
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`for crimped can be found in the Abstract, “crimp-secured”, as wellas inthe machine translation of the
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`original Japanese documentin (WO 2021124995 A1 machine translation included as NPL). Figures 1-3
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`also provide support for a crimped interpretation. Furthermore, the metal component crimping, or
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`compressing onto, the resin component can be foundin the Specification wherein the “fixing strengthto
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`the resincomponent 18 by the metal component 12 can be adjusted by a press working pressure
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`applied when compressing the resin component 18”par. [0018] as well as “press working” as discussed
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`in par. [0029-30].
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`The following isa statement of reasonsfor the indication of allowable subject matter:
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`The closest prior arts are considered to be represented by KOHIRA etal. (U.S. App. Pub. No. US
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`20170110699 A1,cited in IDS), along with JANMEY (U.S. App. Pub. No. US 20090181287 A1).
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`KOHIRA discloses a cylindrical battery, wherein Figure 1A is demonstrative, witha sealing
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`member 20, which acts as the positive terminal, crimped with insulating gasket 21 to the case 15. The
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`sealing member 20 has a fragile portion 22 which is radially inside electrode lead 18 connection point
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`(figure 1A, par. [0027]). KOHIRA does not teach the gasketis also fixed by the sealing member radially
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`inside the fragile portion. Therefore, KOHIRAfails to teach thefinal limitation of claim 1.
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`JANMEYdiscloses a cylindrical battery, wherein Figure 3 is demonstrative, with a seal member
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`28 which may be made of polypropylene (par. [0027]). The seal member 28 radially extends from an
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`outer seal with the container 10 to an inner seal withthe current collector 30. The seal member 28
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`includes a grooved section 66 designed to tear and createavent line 44. JANMEY does not teacha metal
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`component which includes an easy fracture part radially inside a connection part between the metal
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`component and the electrode lead.
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`

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`Application/Control Number: 17/785, 267
`Art Unit: 1721
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`Page5S
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`The pertinent prior art cannot be reasonably constructed as adequately teaching or suggesting
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`all of the elements, features, and limitations of the claimed invention as arranged, disposed, or provided
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`in the manner as claimed by the Applicant. Specifically, the prior art does not teach the metal
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`componentincludes an easy fracture part radially inside a connection part betweenthe metal
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`component and the electrode lead, and is caulked and fixed by the exterior can with the resin
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`component interposed therebetween, and the resin component is caulked and fixed by the metal
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`component more radially inside the metal component than the easy fracture part.
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`Conclusion
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`Anyinquiry concerning this communication or earlier communications from the examiner
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`should be directed to TRAVIS L MARTIN whose telephone number is (703)756-5449. The examiner can
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`normally be reached M-F, 7am-4pm CT.
`
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`
`If attempts to reachthe examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Allison Bourke can be reached on (303)297-4684. The fax phone number for the organization wherethis
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`application or proceeding is assigned is 571-273-8300.
`
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`

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`Application/Control Number: 17/785, 267
`Art Unit: 1721
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`Page 6
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`assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA)or
`
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`
`/T.L.M./
`Examiner, Art Unit 1721
`
`/KOURTNEYR S CARLSON/
`Primary Examiner, Art Unit 1721
`10/30/2024
`
`