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`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address; COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/481,280
`
`07/26/2019
`
`Yoshinori Sakai
`
`P190734US00
`
`1077
`
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`FRANCIS, ADAM JOSEPH
`
`ART UNIT
`4162
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`12/08/2020
`
`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):
`
`patentmail @ whda.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-8 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CL) Claim(s)
`is/are allowed.
`Claim(s) 1-8 is/are rejected.
`Claim(s) 1 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:/Awww.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)M The drawing(s) filed on 07/26/2019 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)() None ofthe:
`b)( Some**
`a)) All
`1... Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.4% 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 09/20/2019.
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20201130
`
`Application No.
`Applicant(s)
`16/481 ,280
`Sakai etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`ADAM J FRANCIS
`4162
`Yes
`
`
`
`-- The MAILING DATEofthis communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of 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 07/26/2019.
`LC} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)(J 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\(Z 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: 16/481,280
`Art Unit: 4162
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`1.
`
`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.
`
`Information Disclosure Statement
`
`2.
`
`The information disclosure statement (IDS) submitted on 09/20/2019 is in compliance with the
`
`provisions of 37 CFR 1.97. Accordingly, the information disclosure statementis being considered by the
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`Examiner.
`
`3.
`
`The disclosure is objected to because of the following informalities:
`
`Specification
`
`a.
`
`Page 12 line 4, "gasket 27b" is not in drawings. Applicant may be referring to gasket 27
`
`as there is no additional gasket 27b.
`
`Appropriate correction is required.
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`4.
`
`Claim 1 is objected to because of the following informalities:
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`Claim Objections
`
`b.
`
`Claim 1 line 5, the term "the collector" is broad as there are multiple collectors already
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`introduced. Applicant needs to specify what collector they are talking about, the positive or the
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`negative collector.
`
`Appropriate correction is required.
`
`Claim Rejections - 35 USC § 102
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`5.
`
`In the 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
`
`

`

`Application/Control Number: 16/481,280
`Art Unit: 4162
`
`Page 3
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`basis for the rejection will not be considered a new ground ofrejection if the prior art relied upon, and
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`the rationale supporting the rejection, would be the same under either status.
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`6.
`
`The following is a quotation of the appropriate paragraphs of 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 in a printed publication, or in public use, on sale,
`or otherwise available to the public before the effectivefiling date of the claimed invention.
`
`7.
`
`Claim(s) 1-2, and 3-8 are rejected under 35 U.S.C. 102(a)({1) as being anticipated by Kanemoto
`
`et al. (US 20140038027, from IDS of 9/20/2019-hereinafter Kanemoto).
`
`Regarding claim 1, Kanemoto teaches of a secondary battery comprising an electrode body
`
`([0280] electrode body 24, 25, 26) which includes a positive electrode ([0296] positive plate 24)
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`containing a positive electrode collector ({0296] substrate as collector) and a positive electrode active
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`material layer formed on the collector ([0296] nickel hydroxide active material on the substrate), a
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`negative electrode ([0297] negative plate 26) containing a negative electrode collector ([0297]) and a
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`negative electrode active material layer formed on the collector ([0297]), a separator ([0298] separator
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`25), and whichis formed by spirally winding the positive electrode and the negative electrode with the
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`separator interposed therebetween (Figure 26).
`
`Kanemotofurther teaches of an electrolyte liquid ([0299] Electrolyte is absorbed by spacer 27);
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`a metal-made exterior package (metal battery case 11) receiving the electrode body and the
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`electrolyte liquid,
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`a pressing member (Spacer 27) provided between the electrode body and the exterior package
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`or in the electrode body (Figure 27 or 42) wherein an outer circumference surface of the electrode body
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`includes an exposing section to which a surface of the positive electrode collector or the negative
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`electrode collector is exposed ([0133]), and where the pressing member(spacer 27) expands when
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`

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`Application/Control Number: 16/481,280
`Art Unit: 4162
`
`Page 4
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`absorbing ([0299]) the electrolyte liquid so as to press the exposing section of the electrode body to an
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`inner surface of the exterior package ([0299, 0307]).
`
`Regarding claim 2, Kanemoto teaches wherein the surface of the negative electrode collector is
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`exposed to the outer circumference surface of the electrode body ([0133]) and the pressing member
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`presses the surface of the negative electrode collector to the inner surface of the exterior package
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`[0299] (Figures 27 and 28).
`
`Regarding claim 4, Kanemoto teachesof the exposing section of the electrode body being
`
`located at a side opposite (Figure 45) to the pressing member ([0318] spacer 29; same material as first
`
`embodiment spacer 27) in a radius direction is pressed to the inner surface of the exterior package.
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`Regarding claim 5, Kanemoto teaches wherein the exterior package has a bottom-closed
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`cylindrical shape ([0397] Figures 45 or 42) and the electrode bodyis received in the exterior package so
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`that the central axis of the electrode bodyis shifted from a central axis of the exterior package (Figure
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`45).
`
`Regarding claim 6, Kanemoto teachesof the pressing member is provided in the electrode body
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`(Figure 27; spacer 27) and a portion of the exposing section of the electrode body located between the
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`pressing member and the inner surface of the exterior package is pressed to the inner surface thereof
`
`(Figure 27).
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`Regarding claim 7, Kanemoto teaches wherein the pressing member contains an electrically
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`conductive material ([0330]) and is in contact with the exposing section of the electrode body and the
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`inner surface of the exterior package (Figure 45).
`
`Regarding claim 8, Kanemoto teaches wherein along a cross-section of the electrode body in a
`
`radius direction, the exposing section and the pressing member or two points on the surface of the
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`exposing section are in contact with the inner surface of the exterior package (Figure 27 or 45).
`
`

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`Application/Control Number: 16/481,280
`Art Unit: 4162
`
`Page 5
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`Claim Rejections - 35 USC § 103
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`8.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
`
`set forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is
`not identically disclosed as set forth in section 102,if the differences between the claimed invention
`and the prior art are such that the claimed invention as a whole would have been obvious before the
`effective filing date of the claimed invention to a person having ordinaryskill in the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in which the invention
`was made.
`
`9.
`
`Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Kanemoto (US
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`20140038027) as applied to claim 1 above, and further in view of Jang et al. (US 20070154787-from
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`IDS of 9/20/19, hereinafter Jang).
`
`Regarding claim 3, Kanemoto teachesall of the claim limitations as set forth in claim 1 above.
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`Kanemotofails to teach of the pressing member being a tape formed of a tape base material which
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`expands whenabsorbing the electrolyte liquid and having an adhesive layer formed on at least one
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`surface of the tape base material.
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`Jang discloses of an electrode assembly that contains a sealing tape that absorbs an electrolyte
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`to swell keeping the electrode assembly in place and to avoid short circuiting. Jang teaches of a pressing
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`memberbeing a tape (Jang sealing tape 220 or 320) formed of a tape base material which expands
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`when absorbingthe electrolyte liquid (Jang [0003]) and an adhesive layer formed on at least one surface
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`of the tape base material (Jang [0052]) such that the tape will hold the electrode assembly in place by
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`preventing the electrode assembly from rotating or floating in the case (Jang [0048]) and to prevent
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`short circuiting within the battery (Jang [0003]).
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`Therefore, it would have been obvious to a skilled artisan as of the effective filing date to
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`replace Kanemoto’s spacer 29 of figure 45 with Jang’s sealing tape such that the sealing tape will be able
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`to absorb the electrolyte and expand to press the opposite side of the electrode body against the inside
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`

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`Application/Control Number: 16/481,280
`Art Unit: 4162
`
`Page 6
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`of the case allowing for the electrode body and the sealing tape to be in contact with the battery casing.
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`Replacing Kanemoto’s spacer with Jang’s will prevent the electrode body from rotating or floating in the
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`can as it will be held in place by contacting the battery casing at two points as well as to prevent the
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`battery from shortcircuiting.
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`Conclusion
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`10.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to ADAM J FRANCIS whose telephone number is (571)272-1021. The examiner can
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`normally be reached on M-F: 8 am-5 pm EST.
`
`Examiner interviewsare available via telephone, in-person, and video conferencing using a
`
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`
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`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Jonathan Leong can be reached on 571-270-1292. The fax phone number for the organization where
`
`this application or proceedingis assigned is 571-273-8300.
`
`Information regarding the status of an application may be obtained from the Patent Application
`
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`
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`
`

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`Application/Control Number: 16/481,280
`Art Unit: 4162
`
`Page 7
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`/AJ.F./
`Examiner, Art Unit 4162
`
`/Maria Laios/
`Primary Examiner, Art Unit 1727
`
`