UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
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`15/752,419
`
`02/13/2018
`
`YOShitaLka Shinyashiki
`
`P180066U500
`
`3364
`
`38834
`
`759°
`
`11/01/2019
`
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`
`8500 Leesburg Pike
`SUITE 7500
`
`HENSHAW‘ MARY G
`
`1723
`
`NOTIFICATION DATE
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`DELIVERY MODE
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`11/01/2019
`
`ELECTRONIC
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`Please find below and/or attached an Office communication concerning this application or proceeding.
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`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
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`following e—mail address(es):
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`patentmai1@ whda.eom
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`PTOL-90A (Rev. 04/07)
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`

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`0/7709 A0170” Summary
`
`Application No.
`15/752,419
`Examiner
`MARY G HENSHAW
`
`Applicant(s)
`Shinyashiki etal.
`Art Unit
`AIA (FITF) Status
`1723
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 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). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f 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).
`
`Status
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`1). Responsive to communication(s) filed on 02 October 2019.
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a). This action is FINAL.
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`2b) C] This action is non-final.
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`3)[:] 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.
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`4)[:] 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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
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`Disposition of Claims*
`5)
`Claim(s)
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`1 and 3—6 is/are pending in the application.
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`5a) Of the above claim(s)
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`is/are withdrawn from consideration.
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`E] Claim(s)
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`is/are allowed.
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`Claim(s) 1 and 3—6 is/are rejected.
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`[:1 Claim(s) _ is/are objected to.
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`) ) ) )
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`6 7
`
`8
`
`
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`are subject to restriction and/or election requirement
`[j Claim(s)
`9
`* If any claims have been determined aflowabte. you may be eligible to benefit from the Patent Prosecution Highway program at a
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`participating intellectual property office for the corresponding application. For more information, please see
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`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`10)[:] The specification is objected to by the Examiner.
`
`11). The drawing(s) filed on 13 February 2018 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:
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`a)I:I All
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`b)D Some**
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`C)D None of the:
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`1.[:] Certified copies of the priority documents have been received.
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`2.[:] Certified copies of the priority documents have been received in Application No.
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`3:] 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)).
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`** See the attached detailed Office action for a list of the certified copies not received.
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`Attachment(s)
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`1) C] Notice of References Cited (PTO-892)
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`2) D Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
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`PTOL-326 (Rev. 11-13)
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`Office Action Summary
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`Part of Paper No./Mai| Date 20191028
`
`

`

`Application/Control Number: 15/752,419
`Art Unit: 1723
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`Page 2
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`Notice of Pre-AIA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined under the first
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`inventor to file provisions of the AIA.
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`Response to Arguments
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`Applicant's arguments filed 02 October 2019 with regards to "Objection to the Drawings" (see
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`page 4) have been fully considered but they are not persuasive. Although paragraphs [0010] and [0012]
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`refer to Figure 2(b) as a "comparative example", this does not negate the fact that only what is
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`"conventionally known" is shown with regards to the flat terminals (see applicant's paragraph [0039]
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`indicating this).
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`Applicant’s arguments with respect to "Claim Rejection under 35 U.S.C. 102" (see pages 4-6)
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`have been considered but are moot because the arguments do not apply to any of the references being
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`used in the current rejection.
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`Applicant’s arguments with respect to "Claim Rejection under 35 U.S.C. 103" (see page 6) have
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`been considered but are moot because the arguments do not apply to any of the references being used
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`in the current rejection. Further, applicant argues that no rationale was provided for a skilled artisan to
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`derive the missing aspects (a cover structure) in combination with Sasakawa, but a rationale was
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`provided (”in order to reduce damage the leads and the terminal that the leads are connected to”, see
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`page 6 of the previous office action).
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`Response to Amendment
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`The examiner notes that the amendment of Claim 1 to add ”wherein the first inner terminal
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`portion and the second inner terminal portion are in opposite directions of the stacking direction” is
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`unclear in view of the specification because according to applicant’s remarks (see page 4) and the
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`

`

`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 3
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`original Figures 4, the claimed first inner terminal portion (34) and second inner terminal portion (36)
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`both seem to be parallel to the stacking direction 2.
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`Claim Objections
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`Claims 1 and 4 recite the limitation that the first inner terminal portion and the second inner
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`terminal portion are ”in opposite directions of the stacking direction”. Although it is clear in view of the
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`specification that the first inner terminal portion and the second inner terminal portion are extending in
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`opposite directions to each other, the claim language ”opposite directions of the stacking direction”
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`confuses this since at least Figure 4 shows that the first inner terminal portion and the second inner
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`terminal portion are both parallel to the stacking direction 2. For clarity, the examiner recommends
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`rewording this portion to read ”the first inner terminal portion and second inner terminal portion are
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`opposite each other in the stacking direction of the stack-type battery”.
`
`Claim 6 recites the limitation ”a width of the cut is a distance between the positive leads and the
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`negative leads of the electrode assembly”. The wording of the claim is not apparently clear if applicant is
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`referring to the distance between the entire group of positive leads and the entire group of negative
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`leads or if applicant is referring to the distance between the leads of the first electrode assembly block
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`and the leads of the second assembly block in both the positive and negative terminal separately. The
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`examiner recommends rewording this portion to clarify the intention.
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`Claim Rejections - 35 USC § 103
`
`The text of those sections of Title 35, U.S. Code not included in this action can be found in a
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`prior Office action.
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`Claims 1 and 4-6 are rejected under 35 U.S.C. 103 as being unpatentable over Sasakawa et al,
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`hereinafter Sasakawa, US Pub 2013/0059184 A1, as cited in the previous office action and the IDS dated
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`

`

`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 4
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`13 February 2018, in view of Yamamura et al, hereinafter Yamamura, JP 2008091268A and its
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`translation provided by applicant with the IDS dated 13 February 2018.
`
`Regarding Claim 1, Sasakawa teaches a stack-type battery (see figure 12) comprising: a casing
`
`(case 1); a stacked electrode assembly housed in the casing and comprising a plurality of stacked single-
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`plate cells (electrode group 2), each comprising positive and negative electrodes (positive electrodes 3
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`and negative electrodes 4) stacked with a separator (separator 5) therebetween; a positive terminal
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`(positive electrode terminal 14) to which positive leads (positive electrode tabs 6) extending from the
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`positive electrodes of the single-plate cells forming the stacked electrode assembly are connected; and a
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`negative terminal (negative electrode terminal 13) to which negative leads (negative electrode tabs 7)
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`extending from the negative electrodes of the single-plate cells forming the stacked electrode assembly
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`are connected, wherein the stacked electrode assembly is divided into first and second electrode
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`assembly blocks in a stacking direction,
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`wherein at least one of the positive and negative terminals comprises a first inner terminal
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`portion to which the leads of the first electrode assembly block are connected, a second inner terminal
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`portion to which the leads of the second electrode assembly block are connected (see below annotated
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`figure 12 showing first and second electrode assembly blocks and their respective inner terminal
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`portions), and an outer terminal portion (head part 13a and shaft part 13b of the negative electrode
`
`terminal 13) continuous with base ends of the first and second inner terminal portions and extending
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`outside the casing (see figures 12 and 13), the at least one of the positive and negative terminals having
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`a T- shaped side profile formed by the first and second inner terminal portions and the outer terminal
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`portion (see annotated figure 13) wherein the first inner terminal portion and the second inner terminal
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`portion are opposite each other in the stacking direction of the stack-type battery (see below annotated
`
`figure 12, noting that the first and second inner terminal are extending in opposite directions parallel to
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`the stacking direction of the battery).
`
`

`

`Application/Control Number: 15/752,419
`Art Unit: 1723
`
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`
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`

`

`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 6
`
`Sasakawa does not teach that the first inner terminal portion is separate from the second inner
`
`terminal portion in a width direction of the stack-type battery.
`
`Yamamura teaches a stack-type battery comprising a terminal with an outer terminal portion
`
`(terminal 13) which is connected to a first inner terminal portion (first portion 114c and second portion
`
`114d) and a second inner terminal portion (third portion 114e and fourth portion 114f) that are
`
`separated from each other by the slit $1 in a width direction (see for example figure 10).
`
`It would be obvious to one of ordinary skill in the art as of the effective filing date of the claimed
`
`invention that a slit or gap could be formed between the inner terminal portions in order to reduce
`
`breakage for perforation of the current collector foils (114) that form the terminal when performing
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`ultrasonic bonding (see [0033] of Yamamura).
`
`Regarding Claim 4, Sasakawa in view of Yamamura teaches the stack-type battery according to
`
`Claim 1, and Sasakawa further teaches that the first inner terminal portion and the second inner
`
`terminal portion are bent at substantially 90 degrees opposite each other in the stacking direction of the
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`stack-type battery (see annotated figure 13 above).
`
`Regarding Claim 5, Sasakawa in view of Yamamura teaches the stack-type battery according to
`
`Claim 1, and Yamamura further teaches that the first inner terminal portion (first portion 114c and
`
`second portion 114d) and the second inner terminal portion (third portion 114e and fourth portion
`
`114f) are separated from by a cut in a metal plate between the first inner terminal portion and the
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`second inner terminal portion (the terminal portions, which are metal foils interpreted to read on the
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`claimed metal plate, are separated by a slit 51, which is interpreted to read on the claimed cut).
`
`It would be obvious to one of ordinary skill in the art as of the effective filing date of the claimed
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`invention that a cut would be used to separate the first inner terminal portion and the second inner
`
`terminal portion in order to maintain electrical contact with both terminal portions by using one piece
`
`and simply splitting the two terminal portions and bending them accordingly.
`
`

`

`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 7
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`Regarding Claim 6, Sasakawa in view of Yamamura teaches the stack-type battery according to
`
`Claim 1, and Yamamura further teaches that a width of the cut (slit $1) is a distance between the
`
`positive leads and the negative leads (interpreted to read on the current collector foils 114 comprising
`
`the terminal) of the stacked electrode assembly.
`
`It would be obvious to one of ordinary skill in the art as of the effective filing date of the claimed
`
`invention that the width of the slit taught by Yamamura is the distance between the leads (current
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`collector foils comprising the terminal) making up the terminal. Further, it would be obvious that the
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`leads would utilize all available space, therefore abutting the cut, in order to reduce the volume of the
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`battery.
`
`Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Sasakawa in view of
`
`Yamamura as applied to Claim 1 above, and further in view of Okada, JP 2002-329493 A and its
`
`translation provided by applicant's IDS dated February 13, 2018. Sasakawa in view of Yamamura teaches
`
`the stack-type battery according to claim 1 or 2 but does not teach the claimed cover member.
`
`Okada teaches a cover member (see figure 1) provided so as to cover a region where the leads
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`(electrode lead portions 5) extending from the stacked electrode assembly (positive electrode sheets 1
`
`and negative electrode sheets 2, separator interposed therebetween 3) are connected to the at least
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`one of the positive and negative terminals (external terminal 6), the cover member having formed
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`therein a through-hole (slot 12) through which the outer terminal portion is inserted (see [0017]).
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`It would be obvious to one of ordinary skill in the art as of the effective filing date of the claimed
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`invention to modify the battery taught by Sasakawa including at least one of the positive and negative
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`terminals having the T-shaped side profile with the cover structure taught by Okawa in order to reduce
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`damage the leads and the terminal that the leads are connected to.
`
`

`

`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 8
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`Conclusion
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`Applicant's amendment necessitated the new ground(s) of rejection presented in this Office
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`action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the
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`extension of time policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE MONTHS from
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`the mailing date of this action.
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`In the event a first reply is filed within TWO MONTHS of the mailing date
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`of this final action and the advisory action is not mailed until after the end of the THREE-MONTH
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`shortened statutory period, then the shortened statutory period will expire on the date the advisory
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`action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing
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`date of the advisory action.
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`In no event, however, will the statutory period for reply expire later than
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`SIX MONTHS from the date of this final action.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to MARY G HENSHAW whose telephone number is (571)272-8518. The examiner can
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`normally be reached on Monday-Thursday from 9am-3pm.
`
`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`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.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Milton I. Cano can be reached on (313)446-4937. The fax phone number for the organization where this
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`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 https://ppair-
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`

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`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 9
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`my.uspto.gov/pair/PrivatePair. Should you have questions on access to the Private PAIR system, contact
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`the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
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`9199 (IN USA OR CANADA) or 571-272-1000.
`
`/Mary 6 Henshaw/
`Examiner, Art Unit 1723
`
`/M|LTON | CANO/
`
`Supervisory Patent Examiner
`Art Unit 1723
`
`