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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
`
`16/577,219
`
`09/20/2019
`
`Oose Okutani
`
`P190926US00
`
`5270
`
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`YANCHUK,STEPHENJ
`
`ART UNIT
`1723
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/28/2020
`
`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*
`1-7 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`CC) Claim(s)
`is/are allowed.
`Claim(s) 1-7 is/are rejected.
`S)
`) O Claim(s)___is/are objected to.
`C) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* 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)0) The drawing(s) filedon__ 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)X None ofthe:
`b)L) Some**
`a) 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.
`3.4 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 10/21/2019.
`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 20200922
`
`Application No.
`Applicant(s)
`16/577,219
`Okutani etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`STEPHEN J YANCHUK
`1723
`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 1/10/2020.
`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: 16/577,219
`Art Unit: 1723
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
`
`The present application,filed on or after March 16, 2013, is being examined under the first
`
`inventorto file provisions of the AIA.
`
`Claim Rejections - 35 USC § 103
`
`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 fora claimed invention may not be obtained, notwithstanding that the claimed inventionis
`notidentically disclosed as set forth ins ection 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 ofthe claimed invention to a person having ordinary skillinthe art to which the
`claimed invention pertains. Pa tentability s hall not be negated by the mannerin which the invention
`was made.
`
`The factual inquiries for establishing a background for determining obviousness under 35 U.S.C.
`
`103 are summarized as follows:
`
`1. Determining the scope and contents of the prior art.
`
`2. Ascertaining the differences between the prior art and the claims at issue.
`
`3. Resolving the level of ordinary skill in the pertinent art.
`
`4. Considering objective evidence present in the application indicating obviousness or
`
`nonobviousness.
`
`Claims 1-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kazuteruet al (JP
`
`2005-293922) and further in view of Teramoto (PGPUB 2009/0151863).
`
`Claim 1: Kazuteruteachesa battery that is capable of preventing electrolyte leaking and having
`
`enhancedreliability [Problem to be solved]. The outer casing which holds the electrode body therein
`
`comprises a groove formedinto it having an annular shape [Fig 4]. The casing material is taught to
`
`comprise anuppermost portion where the grooveis formed to have an increased thickness [Fig 1-2].
`
`

`

`Application/Control Number: 16/577,219
`Art Unit: 1723
`
`Page 3
`
`Kazuteru teaches an upper portion of the battery casing to physically have more material
`
`comparedto the lower base part that is juxtapose the battery assembly whereby it would be predictable
`
`that the final product has a thickness of the groove portion to be thicker than the casing [0028, 0038-
`
`0042]. Kazuteru is silent to teacha mechanism forgiving specific control over the thickness of the
`
`relative regions of the curvature manufacturing.
`
`Teramototeaches a method of constriction manufacturing a cylindrical battery casing designed
`
`to have an electrode assembly therein [Abstract]. The manufacturing control of the casing formation
`
`allows for a groove to be formed [0010-0011]. The control allows for thickness of the groove to not be
`
`overly thinned down [0015]. The control allows for formation of the groove shape with a high level of
`
`accuracy [0017]. It would have been obvious to one having ordinary skill in the art at the time of
`
`invention/filing to modify the manufacturing and formation of the casing of Kazuteru to include a
`
`mechanism for reducing thinning during fabrication as taught by Teramotoin order to have proper
`
`control over the final product of the casing [0041].
`
`Kazuteruteachesa physical thickness of the upper portion to be larger than the lower portion.
`
`Teramoto obviates a mechanism for improving the formation of a groove such that the thickness of the
`
`groove does not become too thin. The prior art thereby obviates the control of the thicknesses such that
`
`the narrowestis the farthest inside the grooved portion, associated with the body section T2. The prior
`
`art obviate a construction having a thickness portion of the lower groove of the groove portion, T1, to
`
`be thicker than the T2.
`
`Claim 2: Kazuteruis silent to teacha wall thickness T1 which is thicker than the wall thickness T3
`
`of the upper groovesection.
`
`Teramototeaches a mechanism of formation which positively shows evidence for a method
`
`which has the thinnest part (c) element 26 capable of being formed [Fig 8b; 0054]. It is the goal of the
`
`prior art to limit the amount of thinning through formation located at the top upper groove portion of
`
`

`

`Application/Control Number: 16/577,219
`Art Unit: 1723
`
`Page 4
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`the groove during assembly [0054]. Since Teramototeachestrying to control the amount of thinning of
`
`this upper groove [0043, 0054], it naturally follows that the upper groove portion is thinner thanthe
`
`lower groove portion based upon the method of manufacturing the groove. The prior art thereby
`
`obviates the control of the thicknesses such that the narrowestis the farthest inside the grooved
`
`portion, associated with the body section T2. The prior art obviate a construction having a thickness
`
`portion of the lower groove of the groove portion, T1, to be thicker than the T2.
`
`Claim 3: Kazuteruteaches one ordinaryskill in the art to adjust the thickness of the wall, depth
`
`of the groove, and inclination of the groove portion [0019-0021]. The optimization of these featuresis to
`
`produce a battery casing which is capable of suppressing leakage of electrolyte fluid over a long period
`
`of time [0020]. The upper wall portion is physically thicker pre-groove formation [0034]. The explicit
`
`diameters obviate aT1 to T2 within the claimed range [0046].
`
`Additionally, it would be well within one having ordinaryskill in the art at the time offiling to
`
`adjust the thickness of the T1 region by having a pre-formed increased thickness portion and a method
`
`as taught by Teramoto which controls the thickness through the method of formation. It would be
`
`obvious to have as little material as possible in order to allow decrease cost and increased volume, while
`
`being thick enough to have thestability and reliability of the casing as motivated by Kazuteru.
`
`Claim 4: Kazuteruteaches one ordinaryskill in the art to adjust the thickness of the wall, depth
`
`of the groove, and inclination of the groove portion [0019-0021]. The optimization of these featuresis to
`
`produce a battery casing which is capable of suppressing leakage of electrolyte fluid over a long period
`
`of time [0020]. The specific dimension of 0.2mm pertaining to the radius of curvature and the thickness
`
`of lower groove are not explicitly reported in Kazuteru. Kazuteru teachesa control of the thickness,
`
`groove depth, andinclination of the deformation [0046] whereby claimed range is obviated. One having
`
`ordinary skill
`
`in the art at the time offiling would be motivated to haveas little material as possible in
`
`

`

`Application/Control Number: 16/577,219
`Art Unit: 1723
`
`Page5S
`
`order to allow decrease cost and increased volume, while being thick enough to have the stability and
`
`reliability of the casing as motivated by Kazuteru.
`
`Claim 5: Kazuteruteachesa batterythat is capable of preventing electrolyte leaking and having
`
`enhancedreliability [Problem to be solved]. The outer casing which holds the electrode body therein
`
`comprises a groove formedinto it having an annular shape [Fig 4]. The electrode cancomprises two
`
`separate insulating membersrelative to the different sides of the groove portion whereby one is a
`
`located between the annular groove and the end face of the electrode assembly and a second is
`
`between the bottom surface and the end face of the electrode assembly [Fig 1-5, 8-12]. The electrode
`
`body comprises at least a positive electrode, negative electrode, and separator with electrolyte [0004].
`
`The casing material is taught to comprise an uppermost portion where the groove is formed to have an
`
`increased thickness [Fig 1-2].
`
`Kazuteru teaches an upper portion of the battery casing to physically have more material
`
`comparedto the lower base part that is juxtapose the battery assembly whereby it would be predictable
`
`that the final product has a thickness of the groove portion to be thicker than the casing [0028, 0038-
`
`0042]. Kazuteru is silent to teacha mechanism forgiving specific control over the thickness of the
`
`relative regions of the curvature manufacturing.
`
`Teramototeaches a method of constriction manufacturing a cylindrical battery casing designed
`
`to have an electrode assembly therein [Abstract]. The manufacturing control of the casing formation
`
`allows for a groove to be formed [0010-0011]. The control allows for thickness of the groove to not be
`
`overly thinned down [0015]. The control allows for formation of the groove shape with a high level of
`
`accuracy [0017]. It would have been obvious to one having ordinary skill in the art at the time of
`
`invention/filing to modify the manufacturing and formation of the casing of Kazuteru to include a
`
`mechanism for reducing thinning during fabrication as taught by Teramotoin order to have proper
`
`control over the final product of the casing [0041].
`
`

`

`Application/Control Number: 16/577,219
`Art Unit: 1723
`
`Page 6
`
`Kazuteruteachesa physical thickness of the upper portion to be larger than the lower portion.
`
`Teramoto obviates a mechanism for improving the formation of a groove such that the thickness of the
`
`groove does not become too thin. The prior art thereby obviates the control of the thicknesses such that
`
`the narrowestis the farthest inside the grooved portion, associated with the body section T2. The prior
`
`art obviate a construction having a thickness portion of the lower groove of the groove portion, T1, to
`
`be thicker than the T2.
`
`Claims 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kazuteruet al (JP
`
`2005-293922) and Teramoto (PGPUB 2009/0151863) as applies to claim 1 above,further in view of
`
`Yukiko (JP 2004/241251).
`
`Claim 6: Kazuteruteachesa cylindrical battery having a first insulating plate, but is silent to
`
`teachits relative diameters.
`
`Yukiko teachesan insulator (3) capable of operating as a filter [Solution]. The relative diameter
`
`of the insulating material is smaller than the inner diameter of the can [0049-0054]. It would have been
`
`obvious to optimize the relative diameters of the insulator to the outer casing to be within the claimed
`
`range in order toimprove the drainage within thecell. It would have been obvious to one having
`
`ordinary skill
`
`in the art at the time of invention/filing to modify the insulator of Kazuteru to include the
`
`filtering capable insulator as taught by Yukiko in order to reduce the risk of short circuiting from
`
`conductive metal particles entering the battery element [Solution; 0005].
`
`Claim 7: Kazuteru teachesagroove radius tobe 90degree [0046] whereby the instant claim
`
`L2/L1 would be 1.
`
`Conclusion
`
`

`

`Application/Control Number: 16/577,219
`Art Unit: 1723
`
`Page 7
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`Anyinquiry concerning this communication or earlier communications from the examiner
`
`should be directed to STEPHENJ YANCHUK whosetelephone number is (571)270-7343. The examiner
`
`can normally be reached on M-Th 10a-8p.
`
`Examiner interviews are available via telephone, in-person, and video conferencing using a
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`the USPTO Automated Interview Request (AIR) at http://www. uspto. gov/interviewpractice.
`
`If attempts to reachthe examiner by telephone are unsuccessful, the examiner’s supervisor,
`
`Milton Cano canbe reached on 313-446-4937. The fax phone number for the organization wherethis
`
`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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`from either Private PAIR or Public PAIR. Status information for unpublished applications is available
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`9199 (IN USA OR CANADA)or 571-272-1000.
`
`/STEPHENJ YANCHUK/
`Primary Examiner, Art Unit 1723
`
`