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
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`15/752,419
`
`02/ 13/2018
`
`Yoshitaka Shinyashiki
`
`P180066US00
`
`3364
`
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`
`TYSONS, VA 22182
`
`HENSHAW MARY G
`
`1723
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`12/24/2020
`
`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):
`
`patentmai1@ whda.eom
`
`PTOL-90A (Rev. 04/07)
`
`

`

`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
`
`1). Responsive to communication(s) filed on 14 September 2020.
`El A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
`
`2a). This action is FINAL.
`
`2b) D This action is non-final.
`
`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.
`
`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 Expade Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s)
`
`1 and 3—6 is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`
`
`[:1 Claim(ss)
`
`is/are allowed.
`
`Claim(ss) 1 and 3—6 is/are rejected.
`
`D Claim(ss_) is/are objected to.
`
`) ) ) )
`
`S)
`are subject to restriction and/or election requirement
`[:1 Claim(s
`* If any claims have been determined aflowable. 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
`
`http://www.uspto.gov/patents/init events/pph/index.jsp or send an inquiry to PPeredback@uspto.gov.
`
`Application Papers
`
`10)|:l The specification is objected to by the Examiner.
`
`is/are: a)[] accepted or b)l:] objected to by the Examiner.
`11)[:] The drawing(s) filed on
`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)D Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`
`a)I:l All
`
`b)|:] Some**
`
`c)l:i None of the:
`
`1C] Certified copies of the priority documents have been received.
`
`2C] Certified copies of the priority documents have been received in Application No.
`
`3D 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.
`
`Attachment(s)
`
`1) [3 Notice of References Cited (PTO-892)
`
`2) C] Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date_
`U.S. Patent and Trademark Office
`
`3) E] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20201214
`
`

`

`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 2
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`Notice of Pre-AIA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`Response to Arguments
`
`Applicant's arguments filed 14 September 2020 have been fully considered but they are not
`
`persuasive. Applicant argues that the combination of Sasakawa (U520130059184A1), Yamamura
`
`(JP2008091268A and its previously provided machine translation) and Okada (JP2002329493A and its
`
`previously provided machine translation) do not meet the amended Claim 1. Particularly, applicant
`
`argues that assuming arguendo such a combination of modified Sasakawa with the relied upon
`
`disclosures of Okada would result in a single electrode block would involve at least four possible
`
`configurations in which the respective leads are bent to form a substantially U-shape. However, the
`
`examiner notes that the fourth indicated configuration (see remarks page 9) where ”electrode leads that
`
`belong to one electrode assembly block protrude away from the other electrode assembly block, while
`
`bent to be generally oriented in a direction along the stacking direction opposite that of the electrode
`
`leads that belong to the other electrode assembly block” reads on at least the part of amended Claim 1
`
`that requires the first positive and first negative leads extend in a substantially U-shape and a bottom
`
`portion of the substantially U-shape protrude towards a first side in the stacking direction and protrudes
`
`apart from the second electrode assembly block and the second positive and second negative leads
`
`extend in a substantially U-shape toward a second side in the stacking direction and protrude apart from
`
`the first electrode assembly block. Applicant’s argument seems to point to this combination previously
`
`asserted by the examiner to meet the claim limitations.
`
`Sasakawa teaches the primary connection structure required by the claim. Specifically,
`
`Sasakawa teaches that the first inner terminal portion and the second inner terminal portion are
`
`

`

`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 3
`
`opposite each other in the stacking direction of the stack-type battery (see in figure 12 as the vertical
`
`direction), wherein each of the first positive leads and the first negative leads extend from the first
`
`electrode assembly block of the stacked electrode assembly directly (i.e. substantially perpendicular to
`
`the stacking direction) to the respective first inner terminal portion (i.e. without the claimed
`
`substantially U shape), wherein each of the second positive leads and the second negative leads extend
`
`from the second electrode assembly block of the stacked electrode assembly directly (i.e. substantially
`
`perpendicular to the stacking direction) to the respective second inner terminal portion (i.e. again,
`
`without the claimed substantially U shape), wherein a surface of the first inner terminal in the positive
`
`terminal facing the stacked electrode assembly joins to the first positive leads, wherein a surface of the
`
`second inner terminal in the positive terminal facing the stacked electrode assembly joins to the second
`
`positive leads, wherein a surface of the first inner terminal in the negative terminal facing the stacked
`
`electrode assemblyjoins to the first negative leads and wherein a surface of the second inner terminal
`
`in the negative terminal facing the stacked electrode assemblyjoins to the second negative leads. The
`
`reason Sasakawa does not teach the claimed substantially U-shape of each of the leads is because the
`
`distal end of each of the inter terminal portions is bent at a 90° angle perpendicular to the stacking
`
`direction protruding towards the electrode assembly (see figure 13 referring to the distal end of the
`
`holding part 13c).
`
`For this reason, Okada is relied upon to teach the claimed substantially U-shape of the leads and
`
`inner terminal portion that allows this, which particularly does not include the bent distal end of the
`
`inner terminal portion that is taught by Sasakawa. It would have been obvious to one of ordinary skill in
`
`the art as of the effective filing date of the claimed invention to utilize the terminal of Okada as a
`
`support for the casing material of the battery (see Okada [0003]-[0004]) and allow the leads to be bent
`
`into a substantially U-shape such that the leads are attached to the terminal and stacked with each
`
`other on the terminal perpendicular to the stacking direction of the electrode assembly (i.e. horizontally
`
`

`

`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 4
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`protruding towards the electrode stack in Okada figure 1, for example). With the combination of
`
`Sasakawa and Okada, simply removing the bent distal ends of the inner terminal portion taught by
`
`Sasakawa and bending the leads in a substantially U-shape as taught by Okada would result in a
`
`configuration in which a bottom portion of the U-shape of the first positive and negative leads would
`
`protrude towards a first side (vertically up in the examiner annotated Sasakawa figure 12 below) and a
`
`bottom portion of the U-shape of the second positive and negative leads would protrude towards a
`
`second side (vertically down in the examiner annotated Sasakawa figure 12 below).
`
`For these reasons, the rejections of record are upheld below, addressing the newly amended
`
`claim limitations.
`
`Response to Amendment
`
`In view of applicant’s amendments to Claims 1 and 6, the rejections of record under 35 U.S.C.
`
`112(b) are overcome.
`
`However, the amendment to Claim 1 now causes antecedent basis issues in dependent Claim 3.
`
`Therefore, a new rejection is made under 35 U.S.C. 112(b) below of Claim 3.
`
`Claim Rejections - 35 USC § 112
`
`The text of those sections of Title 35, U.S. Code not included in this action can be found in a
`
`prior Office action.
`
`Claim 3 is 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant),
`
`regards as the invention. Claim 3 recites the limitation
`
`the at least one of the positive and negative
`
`ll”
`
`terminals" in lines 3-4 of the claim. As Claim 1 recites ”a positive termina
`
`In
`
`and ”a negative terminal”,
`
`

`

`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 5
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`there is insufficient antecedent basis for this limitation in the claim. For the sake of compact
`
`prosecution, the examiner will interpret Claim 3 based on the figures to mean that the claimed cover
`
`member is provided so as to cover a region where the leads extending from the stacked electrode
`
`assembly are connected to the positive and negative terminals.
`
`Claim Rejections - 35 USC § 103
`
`Claim 1 and 3-6 are rejected under 35 U.S.C. 103 as being unpatentable over Sasakawa
`
`(U520130059184A1) in view of Yamamura (JP2008091268A and its previously provided machine
`
`translation) and Okada (JP2002329493A and its previously provided machine translation), all of
`
`record.
`
`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-
`
`plate cells (electrode group 2), each comprising positive and negative electrodes (positive electrodes 3
`
`and negative electrodes 4) stacked with a separator (separator 5) therebetween; a positive terminal
`
`(positive electrode terminal 14) to which positive leads (positive electrode tabs 6) extending from the
`
`positive electrodes of the single-plate cells forming the stacked electrode assembly are connected; and a
`
`negative terminal (negative electrode terminal 13) to which negative leads (negative electrode tabs 7)
`
`extending from the negative electrodes of the single-plate cells forming the stacked electrode assembly
`
`are connected, wherein the stacked electrode assembly is divided into first and second electrode
`
`assembly blocks in a stacking direction (see examiner annotated figure 12 below), wherein each of the
`
`positive and negative terminals comprises a first inner terminal portion to which the leads of the first
`
`electrode assembly block are connected, a second inner terminal portion to which the leads of the
`
`second electrode assembly block are connected (holding part 13c, see below annotated figure 12
`
`showing first and second electrode assembly blocks and their respective inner terminal portions), and an
`
`

`

`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 6
`
`outer terminal portion (head part 13a and shaft part 13b) continuous with base ends of the first and
`
`second inner terminal portions and extending outside the casing (see figures 12 and 13), the each of the
`
`positive and negative terminals having a T- shaped side profile formed by the first and second inner
`
`terminal portions and the outer terminal portion (see annotated figure 13) wherein the first inner
`
`terminal portion and the second inner terminal 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 vertically along the stacking direction of the battery), wherein each
`
`of the first positive leads and the first negative leads extend from the first electrode assembly block of
`
`the stacked electrode assembly, wherein each of the second positive leads and the second negative
`
`leads extend from the second electrode assembly block of the stacked electrode assembly, wherein a
`
`surface of the first inner terminal in the positive terminal facing the stacked electrode assembly joins to
`
`the first positive leads, wherein a surface of the second inner terminal in the positive terminal facing the
`
`stacked electrode assembly joins to the second positive leads, wherein a surface of the first inner
`
`terminal in the negative terminal facing the stacked electrode assemblyjoins to the first negative leads,
`
`wherein a surface of the second inner terminal in the negative terminal facing the stacked electrode
`
`

`

`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 7
`
`assemblyjoins to the second negative leads (see highlighted portions of examiner annotated figure 12
`
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`terminal portion
`
`

`

`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 8
`
`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. However, 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 have been 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 ultrasonic bonding (see [0033] of Yamamura).
`
`Sasakawa also does not teach that each of the first positive leads and the first negative leads
`
`extend from the first electrode assembly block of the stacked electrode assembly in a substantially U-
`
`shape and a bottom portion of the U-shape protrudes toward a first side in the stacking direction and
`
`protrudes apart from the second electrode assembly block, nor does Sasakawa teach that each of the
`
`second positive leads and the second negative leads extend from the second electrode assembly block
`
`of the stacked electrode assembly in a substantially U-shape and a bottom portion of the substantially
`
`U-shape protrudes toward a second side in the stacking direction and protrudes apart from the first
`
`electrode assembly block, wherein the first side is opposite to the second side in the stacking direction.
`
`However, Okada teaches electrode leads (lead parts 5 and 8) protruding from a stacked
`
`electrode assembly (positive electrode sheets 1, negative electrode sheets 2 alternately laminated on
`
`both sides of a separator 3) to connect the electrodes to the appropriate terminal inner portion (portion
`
`of external terminals 6 and 9 contained by the sheathing material 4) in a substantially U-shape (see
`
`figures 1-3). Particularly, the configuration of Okada allows for the leads to extend away from the
`
`electrodes perpendicular to the stacking direction as in Sasakawa, and then be bent in a substantially U-
`
`shape such that the ends of the leads are connected to the terminal inner portion pointing in the
`
`

`

`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 9
`
`stacking direction of the electrode assembly. Further, the examiner notes that in figure 1 of Okada, for
`
`example, it is shown that the inner terminal portion which is extending upwards, is also the same
`
`direction in which the bottom portion of the substantially U-shape extends. Therefore, it would have
`
`been obvious to one of ordinary skill in the art as of the effective filing date of the claimed invention to
`
`modify the direction and shape of the electrode lead protrusion of Sasakawa such that the leads have a
`
`U-shape in which the bottom portion of the substantially U-shape protrudes in the same direction that
`
`the respective distal end of the inner terminal portion protrudes as in Okada in order to utilize the
`
`terminal as a support for the casing material of the battery (see Okada [0003]-[0004]).
`
`Regarding Claim 3, Sasakawa further teaches a cover member (case 1) is provided so as to cover
`
`a region where the leads extending from the stacked electrode assembly are connected to the positive
`
`and negative terminals having the T-shaped side profile, the cover member having formed therein a
`
`through-hole through which the outer terminal portion (head part 13a and shaft part 13b of the
`
`negative electrode terminal 13) is inserted.
`
`The examiner notes that while the broadest reasonable interpretation of the claim includes the
`
`casing of Sasakawa, Okada also teaches a cover member (see figure 1) provided so as to cover a region
`
`where the leads (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 one of the positive and negative terminals (external terminal 6), the cover
`
`member having formed therein a through-hole (slot 12) through which the outer terminal portion is
`
`inserted (see [0017]). The cover member of Okada is separate from the case (sheathing material 4) as
`
`the instant cover (cover member 40) in the instant figures. It would have been obvious to one of
`
`ordinary skill in the art as of the effective filing date of the claimed invention to modify the battery
`
`taught by Sasakawa to include the cover structure taught by Okawa in order to structurally support the
`
`casing material of the battery (see Okada [0003]-[0004]).
`
`

`

`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 10
`
`Regarding Claim 4, Sasakawa further teaches that the first inner terminal portion and the
`
`second inner terminal portion are bent at substantially 90 degrees opposite to each other in the stacking
`
`direction of the stack-type battery (see annotated figure 13 above).
`
`Regarding Claim 5, Sasakawa does not teach that the first inner terminal portion and the second
`
`inner terminal portion are separated by a cut in a metal plate between the first inner terminal portion
`
`and the second inner terminal portion. However, Yamamura teaches 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 by a cut in a metal plate between the first inner terminal portion
`
`and the second inner terminal portion (the terminal portions, which are metal foils interpreted to read
`
`on the claimed metal plate, are separated by a slit 51, which is interpreted to read on the claimed cut). It
`
`would have been obvious to one of ordinary skill in the art as of the effective filing date of the claimed
`
`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.
`
`Regarding Claim 6, as in Claim 5, Sasakawa does not teach that the first inner terminal portion
`
`and the second inner terminal portion are separated by a cut in a metal plate between them. As such,
`
`Sasakawa also does not teach that a width of the cut is a distance between the positive leads of the first
`
`electrode assembly block and the positive leads of the second assembly block or a distance between the
`
`negative leads of the first electrode assembly block and the negative leads of the second electrode
`
`assembly block as claimed.
`
`However, Yamamura further teaches that a width of the cut (slit $1) is a distance between the
`
`negative leads of the first electrode assembly block and the negative leads of the second electrode
`
`assembly block (interpreted to read on the portions of the current collector foils comprising the
`
`terminal, 114c and 114e, for example) of the stacked electrode assembly. The same would apply for the
`
`

`

`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 11
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`positive leads (positive current collector foils 112, for example). It would have been 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 collector foils comprising the terminal)
`
`making up the terminal. Further, it would be obvious that the leads would utilize all available space,
`
`therefore abutting the edges of the cut, in order to reduce the volume of the battery.
`
`Conclusion
`
`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth
`
`in 37 CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE MONTHS from
`
`the mailing date of this action.
`
`In the event a first reply is filed within TWO MONTHS of the mailing date
`
`of this final action and the advisory action is not mailed until after the end of the THREE-MONTH
`
`shortened statutory period, then the shortened statutory period will expire on the date the advisory
`
`action is mailed, and any extension fee pursuant to 37 CFR 1.136(a) will be calculated from the mailing
`
`date of the advisory action.
`
`In no event, however, will the statutory period for reply expire later than
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`SIX MONTHS from the mailing date of this final action.
`
`Any inquiry concerning this communication or earlier communications from the examiner
`
`should be directed to MARY G HENSHAW whose telephone number is (571)272-8518. The examiner can
`
`normally be reached on Monday-Friday from 10am-5pm EST.
`
`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.
`
`

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`Application/Control Number: 15/752,419
`Art Unit: 1723
`
`Page 12
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
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`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.
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`/Mary 6 Henshaw/
`Examiner, Art Unit 1723
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`/MILTON I CANO/
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`Supervisory Patent Examiner
`Art Unit 1723
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`