www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/629, 182
`
`01/07/2020
`
`Yuma Yamaguchi
`
`P191399US00
`
`3536
`
`WHDA, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`BERMUDBZ, CHARLENE
`
`1721
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/25/2022
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime 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)
`
`

`

`Application No.
`Applicant(s)
`16/629 ,182
`Yamaguchi etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`CHARLENE BERMUDEZ
`1721
`Yes
`
`
`
`-- The MAILING DATEof this 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 23 August 2022.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 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)\0) 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.
`
`Disposition of Claims*
`1-7 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) 2 and 7 is/are withdrawn from consideration.
`[) Claim(s)__ is/are allowed.
`Claim(s) 1and3-6 is/are rejected.
`(1 Claim(s)__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)() The drawing(s) filedon__ is/are: a)C) accepted or b)C) 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:
`cc) None ofthe:
`b)L) Some**
`a)D) 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.
`3.2.) 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)
`
`2) (J Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`Paper No(s)/Mail Date
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20221014
`
`

`

`Application/Control Number: 16/629,182
`Art Unit: 1721
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`
`first inventorto file provisions of the AJA.
`
`Summary
`
`2.
`
`From the Office Action filed on 24 May 2022, claim 1 has been amended, claim 7 has
`
`been cancelled such that the 112b rejection is withdrawn, and claims 1 and 3-6 remain in the
`
`application for consideration.
`
`3.
`
`4,
`
`The 103 rejections are maintained in this Office Action.
`
`Thetext of those sections of Title 35, U.S. Code not included in this action can be found
`
`in a prior Office action.
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`Claims1, 3-4 and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Kozuki
`
`et al (US 2007/0009785 A1) in view of Iwai et al (US 2018/0082769 A1). Hereinafter referred to
`
`as Kozuki and Iwai, respectively.
`
`6.
`
`Regarding claim 1, Kozuki discloses a cylindrical battery (“cylindrical lithium ion
`
`rechargeable battery” [0027]) comprising: an electrode body in whicha positive electrode plate
`
`and a negative electrode plate with a separator betweenthe electrodes are wound (“cylindrical
`
`electrode plate unit 4 that consists of a positive electrode 1 and a negative electrode 2 wound
`
`around with a 25um thick separator 3 interposed therebetween” [0027]); an electrolyte (“non-
`
`

`

`Application/Control Number: 16/629,182
`Art Unit: 1721
`
`Page 3
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`aqueous liquid electrolyte” [0027]); a bottomed cylindrical exterior (“metallic case 7 with a
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`bottom” [0027]) can that housesthe electrode body ([0030]) and the electrolyte (“Non-aqueous
`
`liquid electrolyte is poured into the metallic case 7” [0027]); and an opening sealing body (“open
`
`end edge of the case 7 is crimped to provide a seal” [0027]),
`
`wherein the opening sealing body includes a terminal cap (“13” Fig. 8, “metallic cap”
`
`[0032]), a valve disc (“12” Fig. 8, “safety vent” [0032]) included in a current cut-off mechanism
`
`({0034] “deformation of the metallic safety vent 12”), and a washer having an openingat a center
`
`(“14” Fig. 8 and 9, “spacer” [0032], which is knownin the art to be used “as a substitute for the
`
`PTC element.” [0007]), interposed between the terminal cap andthe valve disc (Fig. 8 where 14
`
`is interposed between 13 and 12),
`
`the valve disc is configured to receive an internal pressure of the cylindrical battery (“foil
`
`10 is deformed by pressure and pushes up the metallic safety vent 12” [0034] where the pushing
`
`up of the safety vent from the foil 10 is caused by a pressure generated by the battery, and Fig. 6
`
`shows that safety vent 12 is disc-shaped suchthat its flat surfaces are perpendicular to the
`
`direction of pressure applied from the battery in Fig. 8, resulting in a shape that is configured to
`
`receive the pressure) before the current cut-off mechanism operates (Fig. 2 — 10c is a
`
`representation of an acceptable pressure range exerted upon safety vent 12 before foil 10 ruptures
`
`such that “the circular thin portion 10a ruptures to interrupt the current path when battery internal
`
`pressure has reached a predetermined level” [0034]),
`
`the washerhasa first surface, and a second surface facing the valve disc and opposite the
`
`first surface in a thickness direction of the washer(as indicated in copy of Fig. 8 below),
`
`

`

`Application/Control Number: 16/629,182
`Art Unit: 1721
`
`Page 4
`
` Semenmeee\ ESS
`SLNSSERSeeeTNe See
`ASees
`
`ANATARS
`
`
`} 10b_ secand planar, pectin
`
`SoSSEESEEME, | SSSSESERD
`
`the second surface includes a second recessed section formed in an annular shape along
`
`an entire surrounding of the opening, and a second planar section disposed in a surrounding of
`
`the second recessed section (as indicated in the copy of Fig. 8 above, and Fig. 9 shows that
`
`spacer 14 is of an annular, or ring-like, shape where the second recessed section is disposed on)
`
`a boundary line between the second recessed section and the second planar section on the
`
`second surface (as indicated in copy of Fig. 9 below), and
`
`Fig.@8
`
`
`
`
`

`

`Application/Control Number: 16/629,182
`Art Unit: 1721
`
`Page 5
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`a gap is present between the second recessed section and the valve disc (copy of Fig. 8
`
`above where a gap exists underneath the second recessed sections and abovethe valve disc as the
`
`valve disc has a central portion that declines).
`
`Kozuki does not disclose the first surface includes a first recessed section formed in an annular
`
`shape along an entire surrounding of the opening, and a first planar section disposed in a
`
`surrounding ofthe first recessed section,
`
`a boundary line betweenthe first recessed section and the first planar section on the first
`
`surface and a boundary line between the second recessed section and the planar section on the
`
`second surface overlap each other in the thickness direction of the washer, and
`
`the boundarylinesare circular.
`
`However, Iwai discloses a washer having an opening at a center (11a Fig. 7 or 11b Fig.
`
`11, “protective element ... with an opening passing throughin the thickness direction” [0058])
`
`that is disposed beneath a terminal cap (42 Fig. 11, “terminal” [0075]), has a first surface that
`
`faces the terminal cap (comprising of the exposed top surface of 6, also referred to as 12, and the
`
`top surfaces of 8 that protrude from PTC element 6 in Fig. 5, “PTC element 6 has an exposed
`
`portion 12“ and “first electrode 8” [0035]) and a second surface opposite of the first surface
`
`(comprising of the exposed bottom surface of 6, also referred to as “portion 16 opposite the
`
`exposed portion 12” [0052], and the bottom surfaces of 10, “second electrode” [0035] that
`
`protrude from PTC element6 in Fig. 5) and includes a second recessed section formed in an
`
`annular shape along an entire surrounding of the opening (12 Fig. 7, which can either be a top or
`
`bottom perspective of the protective element 11a becausethe structure of the first and second
`
`surfaces shownin Fig. 5 are identical and symmetric) and a second planar section disposed in a
`
`surrounding of the second recessed section (10, “second electrode” [0035], in Fig. 5). Iwai
`
`

`

`Application/Control Number: 16/629,182
`Art Unit: 1721
`
`Page 6
`
`teachesthe first surface includesa first recessed section formed in an annular shape along an
`
`entire surrounding of the opening (12 Fig. 7, which can either be a top or bottom perspective of
`
`the protective element 11a becausethe structure of the first and second surfaces shownin Fig. 5
`
`are identical and symmetric), and a first planar section disposed in a surroundingofthefirst
`
`recessed section (8 Fig. 7),
`
`a boundary line betweenthe first recessed section and the first planar section on the first
`
`surface (the vertical surface of first electrode 8 in Fig. 5 that is adjacent to exposed portion 12)
`
`and a boundary line between the second recessed section and the planar section on the second
`
`surface (the vertical surface of second electrode 10 in Fig. 5 that is adjacent to exposed portion
`
`16) overlap each otherin the thickness direction of the washer (Fig. 5), and
`
`the boundarylines are circular (Fig. 7 where the boundaryline between 12 and 8 is
`
`circular).
`
`Iwai further teaches that arranging the recessed sections to oppose each otherin the first and
`
`second surfaces prevents a flow of current from either of the first or second planar sections to the
`
`recessed section ([0052]) that is subject to an increase of pressure, which decreases the rated
`
`voltage and circuit-breaking responsiveness during operation when incorporated into an
`
`electronic or electrical device without impairing its intended function ({0005]-[0007]).
`
`Therefore, it would have been obvious for a person having ordinaryskill in the art to
`
`modify the structure of the washer of Kozuki in view of Iwai wherein the washerhasa first
`
`surface that includesa first recessed section formed in an annular shape along an entire
`
`surrounding of the opening anda first planar section disposed in a surroundingofthefirst
`
`recessed section, a boundary line between thefirst recessed section and the first planar section on
`
`the first surface, a boundary line between the second recessed section and the planar section on
`
`

`

`Application/Control Number: 16/629,182
`Art Unit: 1721
`
`Page 7
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`the second surface overlap each other in the thickness direction of the washer, and wherein the
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`boundarylines are circular in order to achieve a washerthat can be incorporated into the
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`cylindrical battery of Kozuki of desired rated voltage and circuit-breaking responsiveness during
`
`operation by preventing current flow from either of the first or second planar sections to the
`
`recessed section of the washer.
`
`7.
`
`Regarding claim 3, Modified Kozuki disclosesall of the limitations for the cylindrical
`
`battery as set forth in claim 1 or claim 2, and wherein a step is formed in the boundary lines
`
`(shownin the thickness perspective of washer “14” in Kozuki Fig. 8 and Fig. 9).
`
`8.
`
`Regarding claim 4, Modified Kozukidisclosesall of the limitations for the cylindrical
`
`battery as set forth in claim 3, and wherein a thickness of each ofthe first recessed section and
`
`the second recessed section is constant (Fig. 5 where the thickness of each recessed section
`
`correspondsto the thickness of the first and second electrodes 8 and 10, which are shown to be
`
`of a constant thickness).
`
`9.
`
`Regarding claim 6, Modified Kozuki disclosesall of the limitations for the cylindrical
`
`battery as set forth in claim 1 above, and
`
`wherein an entirety of the washer, including the first recessed section, the first planar
`
`section, the second recessed section, and the second planar section, is integrally formed of a
`
`single piece of material (Kozuki “spacer 14 madeofstainless steel” [0032], “were produced by
`
`press-forming from 0.3 mm thick stainless steel sheet” [0039], and Fig. 9 showsthe integral
`
`piece of stainless steel that the washer is madeof).
`
`10.
`
`Regarding claim 7, Modified Kozukidisclosesall of the limitations for the cylindrical
`
`battery as set forth in claim 6 above, and
`
`

`

`Application/Control Number: 16/629,182
`Art Unit: 1721
`
`Page 8
`
`wherein said material of the washeris a metal material, a PTC element, or a combination
`
`thereof (Kozuki “stainless steel” [0032]).
`
`11.
`
`Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kozuki (US
`
`2007/0009785 A1) in view of Iwai (US 20180082769 A1)as applied to claim 1 or claim 2 above,
`
`and further in view of Yu (CN 202659694 U). Hereinafter referred to Modified Kozuki further in
`
`view of Yu.
`
`12.
`
`Regarding claim 5, Modified Kozukidisclosesall of the limitations for the cylindrical
`
`battery as set forth in claim 1 or claim 2 above, but does not disclose wherein each ofthe first
`
`recessed section and the second recessed section has an inclined portion with a thickness which
`
`is reduced from the boundary lines toward the opening.
`
`However, Yu discloses a washer having an openingat its center (“1” Fig. 2), a recessed
`
`section formed in surroundings of the opening (comprising of “4” and “5” Fig. 2, “inner beveled
`
`surface” and “inner side surface of the washer” [0015]), a planar section disposed in
`
`surroundings ofthe recessed section (“3” Fig. 2, “upper plane” [0015]), and boundarylines
`
`between the recessed section and the planar section (line in between “3” and “4” Fig. 1). Yu
`
`teaches wherein the recessed section has an inclined portion with a thickness which is reduced
`
`from the boundarylines toward the opening (Fig. 2 where the thickness of the washer decreases
`
`from 3 to 4), and that this structure is capable of dispersing internal and external stress ([0007])
`
`acting upon the washer and prolongsits service life ({0016]).
`
`Therefore, it would have been obvious for a person having ordinary skill in theart to
`
`modify the washer of Modified Kozuki such that each of the first recessed section and the second
`
`recessed section has an inclined portion with a thickness which is reduced from the boundary
`
`

`

`Application/Control Number: 16/629,182
`Art Unit: 1721
`
`Page 9
`
`lines toward the opening in view of Yu, in order to obtain a structure for the washerthatis
`
`capable of even distribution of the internal and external stress of the washer and prolongs the
`
`service life of the washer.
`
`13.
`
`Applicant's arguments filed 23 August 2022 have been fully considered but they are not
`
`Response to Arguments
`
`persuasive.
`
`14.
`
`Applicant appears to argue that valve disc 12, which correspondsto the instant valve disc
`
`feature, does not meet the limitation added to amendclaim 1.
`
`15.
`
`However, as this Office Action discloses, [0034] discloses that “foil 10 is deformed by
`
`pressure and pushes up the metallic safety vent 12” where the pushing up ofthe safety vent from
`
`foil 10 is caused by a pressure generated by the battery, and Fig. 6 shows that safety vent 12 is
`
`disc-shaped suchthatits flat surfaces are perpendicular to the direction of pressure applied from
`
`the battery in Fig. 8, resulting in a shape that is configured to receive the pressure, and that Fig. 2
`
`shows 10c is a representation of an acceptable pressure range exerted upon safety vent 12 before
`
`foil 10 ruptures such that “the circular thin portion 10a ruptures to interrupt the current path
`
`whenbattery internal pressure has reached a predeterminedlevel” [0034].
`
`16.
`
`Applicant appears to argue that the rationale for the combination of Kozuki in view of
`
`Iwai would not haveled a skilled artisan to modify the device of Kozuki to further incorporate a
`
`first recessed section because the basis of the benefits of the invention of Iwaiis that the
`
`corresponding washer (PCT element)is fastened at the first recessed section.
`
`

`

`Application/Control Number: 16/629,182
`Art Unit: 1721
`
`Page 10
`
`17.
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`However, the examinerbelieves that bolt 26 of Iwai is not exclusive to fastening at the
`
`first recessed section as Fig. 13(a) shows, and includesthe upper,orfirst surface, of protective
`
`element 11a, whichis the structure of cap 13 in relation to washer 14 of Kozuki shownin Fig. 8.
`
`Iwai discloses in [0079] that the bolt is part of the battery structure that is “connected electrically
`
`to form a current path”. Whereas cap 13 of Kozuki “serves as an external terminal” [0006] which
`
`is knownin the art to provide a current path, which is similar to how the bolt of Iwai functions in
`
`the battery structure of Iwai. The examinerfurther posits that Iwai does not disclose that the bolt
`
`is required to be fastenedat the first recessed section in order for the battery to operate, and
`
`therefore the rationale, or motivation, taught by Iwai is maintained that reasonably modifies the
`
`washer of Kozuki.
`
`18.
`
`Applicant appears to argue that modifying the washer of Kozuki by addinga first
`
`recessed section decreases the depth of the second recessed section that results in a reduced
`
`ability for safety vent 12 to deform, contradicting the teaching of “the end of the deformation
`
`height 10c must not coincide with the ruptured endofthe circular thin portion 10a” of Kozuki
`
`[0034].
`
`19.
`
`However, the examiner disagrees that decreasing the depth of the second recessed section
`
`is the only way to add a first recessed section, but that modifying the washerto includea first
`
`recessed section includes increasing the thickness of the washer of Kozuki such that the distance
`
`between the first and second surfaces of the washerincreases, and the depth of the second
`
`recessed section remains the same.
`
`Furthermore, Kozuki [0054] discloses that “the spacer 14 is a componenthaving different
`
`aperture areas in the upper face and lowerface and arranged in the periphery of the metallic
`
`

`

`Application/Control Number: 16/629,182
`Art Unit: 1721
`
`Page 11
`
`safety vent 12. These apertures of the spacer 14 control the inversion height 12b so as to allow
`
`for a sufficient distance between the end position of the weld joint S and the ruptured end of the
`
`circular thin portion 10a, a sufficient deformation height 10c of the circular thin portion 10a, and
`
`a sufficient distance between the end of the deformation height 10c and circular thin portion 10a
`
`whenthe battery pressure increases, whereby rupture occurs without failure within the satisfying
`
`range of pressures.” such that a skilled artisan would be capable of modifying the washer 14 by
`
`varying the aperture areas of the upper and lowerfaces to correspond to the predetermined
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`pressure of rupture and an acceptable range of operating battery pressure.
`
`Conclusion
`
`20.
`
`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
`
`MONTHSfrom the mailing date of this action. In the eventa first reply is filed within TWO
`
`MONTHSof the mailing date of this final action and the advisory action is not mailed until after
`
`the end of the THREE-MONTHshortened 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 SIX MONTHSfrom the mailing
`
`date of this final action.
`
`21.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to CHARLENE BERMUDEZwhosetelephone numberis
`
`

`

`Application/Control Number: 16/629,182
`Art Unit: 1721
`
`Page 12
`
`(571)272-0610. The examiner can normally be reached Mon, Thu, and Fri generally from 8 AM
`
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`
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`
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`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Allison Bourke can be reached on (303) 297-4684. The fax phone numberfor the
`
`organization wherethis application or proceedingis assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be
`
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`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/CHARLENE BERMUDEZ/
`Examiner, Art Unit 1721
`
`/DUSTIN Q DAM/
`Primary Examiner, Art Unit 1721
`
`