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`UNITED STATES PATENT AND TRADEMARK OFFICE
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria1 Virginia 22313- 1450
`www.uspto.gov
`
`APPLICATION NO.
`
`
`
`
`
` F ING DATE
`
`FIRST NAMED INVENTOR
`
`ATTORNEY DOCKET NO.
`
`
`
`
`
`CONF {MATION NO.
`
`13/380,230
`
`12/22/2011
`
`Tatehiko Inoue
`
`MAT— 10533US
`
`7074
`
`EXAMINER
`RATNERPRESTIA —
`09’2”“ —
`7590
`52473
`PO. BOX 980
`DOVE, TRACY MAE
`VALLEY FORGE, PA 19482-0980
`
`PAPER NUMBER
`
`ART UNIT
`
`1726
`
`
`
`
`NOT *ICATION DATE
`
`DELIVERY MODE
`
`09/22/2014
`
`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):
`
`ptocorrespondence @ratnerprestia.c0m
`
`PTOL—90A (Rev. 04/07)
`
`

`

`
`Application No.
`Applicant(s)
`
` 13/380,230 INOUE ET AL.
`Examiner
`Art Unit
`AIA (First Inventorto File)
`Office Action Summary
`
`1726TRACY DOVE first“
`
`-- The MAILING DA TE of this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING DATE OF
`THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a).
`after SIX (6) MONTHS from 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) MONTHS from 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, even if timely filed, may reduce any
`earned patent term adjustment. See 37 CFR 1.704(b).
`
`In no event, however, may a reply be timely filed
`
`-
`-
`
`Status
`
`1)IXI Responsive to communication(s) filed on 12/22/11.
`[I A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2b)lX| This action is non-final.
`2a)I:| This action is FINAL.
`3)I:I An election was made by the applicant in response to a restriction requirement set forth during the interview on
`
`
`; the restriction requirement and election have been incorporated into this action.
`
`4)|:I 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 EX parte Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`1) D Notice of References Cited (PTO-892)
`3) I] Interview Summary (PTO-413)
`.
`.
`Paper No(s)/Mai| Date.
`2) E Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mai| Date 12/22/11. 4) D Other: —-
`
`U.S. Patent and Trademark Office
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20140917
`
`Disposition of Claims*
`5)|XI C|aim(s) 1 and 3-8 is/are pending in the application.
`5a) Of the above claim(s)
`is/are withdrawn from consideration.
`6 III Claim s) _ is/are allowed.
`s
`1 and 3-8 is/are rejected.
`
`is/are objected to.
`
`) )
`
`_
`
`
`are subject to restriction and/or election requirement.
`9)|:l C|aim(s
`)
`* If any claims have been determined allowable, you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
` S
`htt ://\va.usoto. ov/ atents/init events) .h/index.‘
`
`
`
`, or send an inquiry to PRI-Ifeedback{<‘buspto.qov.
`
`Application Papers
`
`10)I:I The specification is objected to by the Examiner.
`11)|:I The drawing(s) filed on _ is/are: a)I:I accepted or b)I:I 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)IZI Acknowledgment is made of a claim for foreign priority under 35 U.S.C. §119(a)-(d) or (f).
`Certified copies:
`
`b)I:I Some” c)I:I None of the:
`a)le All
`1.IZI Certified copies of the priority documents have been received.
`2.I:I Certified copies of the priority documents have been received in Application No.
`3.I:I Copies of the certified copies of the priority documents have been received in 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.
`
`Attach ment(s)
`
`
`
`

`

`Application/Control Number: 13/380,230
`
`Page 2
`
`Art Unit: 1726
`
`The present application is being examined under the pre-AIA first to invent
`
`provisions.
`
`DETAILED ACTION
`
`Priority
`
`Receipt is acknowledged of certified copies of papers submitted under 35 U.S.C.
`
`119(a)-(d), which papers have been placed of record in the file.
`
`Information Disclosure Statement
`
`The information disclosure statement (IDS) submitted on 12/22/11 has been
`
`considered by the examiner.
`
`Claim Rejections - 35 USC § 1 12
`
`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-AIA), second paragraph:
`The specification shall conclude with one or more claims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`Claims 1 and 3-8 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-
`
`AIA), 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 pre-AIA
`
`the applicant regards as the invention.
`
`Claims 1, 3 and 4 recite “An electrical storage unit comprising: an element
`
`including...a plurality of electrical storage sections including a tubular outer case with
`
`bottom for housing the element and electrolyte", which does not clearly claim the
`
`invention.
`
`It appears from the drawings and specification the “element" indicated as 13
`
`or 1b includes the tubular outer case, electrolyte, sealing member and collector exposed
`
`

`

`Application/Control Number: 13/380,230
`
`Page 3
`
`Art Unit: 1726
`
`portion. Furthermore, at least Figure 1 depicts the storage section 1 includes a plurality
`
`of element 1a and 1b. Claim 1 further recites "at least one of the plurality of electrical
`
`storage sections is electrically connected to an outer bottom face of the outer case or an
`
`outer surface of the sealing member through the connecting member", which is
`
`confusing and unclear because the electrical storage section 1
`
`is a plurality of elements
`
`wherein each element has an outer case. Examiner suggests a_H claims be amended to
`
`clearly recite the specific parts of the claimed "element" and then recite the claimed
`
`"electrical storage unit" comprises a plurality of the claimed "elements" such that a_H
`
`claims are clear and concise.
`
`Claim 7 recites "other ends of the connecting members whose one ends are
`
`connected to the plurality of electrical storage sections are exposed vertically relative to
`
`an adjacent direction of the plurality of electrical storage sections and a height direction
`
`of the electrical storage sections”, which is confusing and unclear.
`
`Claim 8 recites “at least one of a pair of the collector exposed portions is bonded
`
`to an intermediate member formed of a metal plate”, which is confusing and unclear.
`
`Claim 1 requires a collector exposed portion bonded to an inner face of the sealing
`
`member and a collector exposed portion bonded to an inner face of the outer case.
`
`To the extent the claims are understood in view of the 35 USC 112 rejections
`
`above, note the following prior art rejections.
`
`Claim Rejections - 35 USC § 102
`
`The following is a quotation of the appropriate paragraphs of pre-AIA 35 U.S.C.
`
`102 that form the basis for the rejections under this section made in this Office action:
`
`

`

`Application/Control Number: 13/380,230
`
`Page 4
`
`Art Unit: 1726
`
`A person shall be entitled to a patent unless —
`
`(b) the invention was patented or described in a printed publication in this or a foreign country
`or in public use or on sale in this country, more than one year prior to the date of application
`for patent in the United States.
`
`Claims 1 and 3-8 are rejected under pre-AIA 35 U.S.C. 102(b) as being
`
`anticipated by Suzuki et al., JP 2001 -143769.
`
`Suzuki teaches a cell module and power supply including a battery (element)
`
`formed of plural layers of a stack of a positive electrode foil, a negative electrode foil
`
`and an insulating separator. The battery is included within a cell container. Plural
`
`layers of the positive electrode foil and the negative electrode foil are extended from the
`
`separator and connected electrically and thermally to positive and negative electrode
`
`portions in the cell case. A heat sink (cooling section) is thermally connected to the
`
`positive and negative electrodes (abstract). The cell module includes a plurality of heat
`
`sinks 5, a plurality of connecting members 3 and a plurality of insulating members 4
`
`wherein the insulating member 4 is located between the heat sink 5 and the connecting
`
`member 3. Figures 5 and 6 show a coolant moves parallel along the batteries of the
`
`cell module and the fins of the heat sinks 5 divide the space forming the cooling
`
`sections.
`
`Thus the claims are anticipated.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to TRACY DOVE whose telephone number is (571 )272—
`
`1285. The examiner can normally be reached on TU/W, TH and F (9:30-5:30).
`
`

`

`Application/Control Number: 13/380,230
`
`Page 5
`
`Art Unit: 1726
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Patrick Ryan can be reached on 571 -272—1 292. 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
`
`you have questions on access to the Private PAIR system, contact the Electronic
`
`Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative or access to the automated information
`
`system, call 800-786-9199 (IN USA OR CANADA) or 571-272—1000.
`
`/TRACY DOVE/
`
`Primary Examiner, Art Unit 1726
`9/16/14
`
`

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