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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
`
`16/634,383
`
`01/27/2020
`
`Takeshi Enomoto
`
`P20003 1US00
`
`6421
`
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`EGGERDING, ALIX ECHELMEYER
`
`ART UNIT
`1729
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`PAPER NUMBER
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`NOTIFICATION DATE
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`DELIVERY MODE
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`05/11/2021
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`ELECTRONIC
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`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):
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`patentmail @ whda.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-9 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-9 is/are rejected.
`S)
`) © Claim(s)____is/are objected to.
`Cj) 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)(J 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)[M) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z 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 been received in Application No.
`3.1.) 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 2/12/20.
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
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`4)
`
`PTOL-326 (Rev. 11-13)
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`Office Action Summary
`
`Part of Paper No./Mail Date 20210506
`
`Application No.
`Applicant(s)
`16/634 383
`Enomoto etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`ALIX E EGGERDING
`1729
`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 1/27/20.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
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`2a)L) This action is FINAL. 2b)¥)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.
`
`

`

`Application/Control Number: 16/634,383
`Art Unit: 1729
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`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA or AIA Status
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`1.
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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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`Information Disclosure Statement
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`2.
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`The information disclosure statementfiled 2/12/20 has been considered by the examiner.
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`Claim Rejections - 35 USC § 102
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`3.
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`In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102
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`and 103 (or as subject to pre-AlA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory
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`basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and
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`the rationale supporting the rejection, would be the same under eitherstatus.
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`4.
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`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis
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`for the rejections under this section made in this Office action:
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`A person shall be entitled to a patent unless —
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`(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.
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`5.
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`Claims 1-4 and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US
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`2009/0061310).
`
`Regarding claim 1, Kim teaches a cylindrical battery comprising an electrode group, or electrode
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`assembly (110), an electrolyte, battery can, or case (120), and an opening sealing body, or cap assembly
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`(200)(Figure 1A, [0006], [0007], [0042]).
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`

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`Application/Control Number: 16/634,383
`Art Unit: 1729
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`Page 3
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`The opening sealing body, or cap assembly (200), includes a valve member, or vent plate (150), a
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`metal plate, or lower cap member (130), and an annular insulating member, or insulator (140) disposed
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`between the valve member (150) and the metal plate (130) (Figures 1A and 1B). The valve member
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`(150) and metal plate (130) are connected by a weld (A) at respective central portions ([0049]).
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`Kim teaches that the valve member, or vent plate (150) has an annular thin-walled portion, or
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`vent (151), which is deformable when an internal pressure of the battery increases (see below, [0048]).
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`Kim further teaches a recessed portion, or insertion portion (152), formed by the thin-walled portion of
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`the vent, and Kim teachesthat the insulator (140) includesa rib, or first fastening member (142) housed
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`in the recess portion (152) (Figures 1A and 9A, [0052]).
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`160 \
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`aes
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`182
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`ts}
`
`:
`
`cw
`gee ae Rese
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`SAP HNN
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`It is further seen abovethat the rib (142) is included in the section of the insulator (140) that
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`covers a surface of the metal plate.
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`Regarding claim 2, Kim teaches that the metal plate (130) and insulating member (140) have
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`respective holes (131, 132 and center of 140) which communicate with each other (Figure 1B).
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`As for claim 3, Kim teaches that the section of the insulator (140) covers part of the holes (132)
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`in the area where the rib is provided (see above).
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`

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`Application/Control Number: 16/634,383
`Art Unit: 1729
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`Page 4
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`Regarding claim 4, Kim teaches that the insulator (140) covers a lateral side of the holes (132)
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`(see above, Figures 1B and 9A).
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`With regard to claim 6, Kim teaches a portion of the insulating member (140) which covers a
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`circumferential end face of the metal plate (130) (see above).
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`Claim Rejections - 35 USC § 103
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`6.
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`The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections
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`set forth in this Office action:
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`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 ordinary skill in the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in which the invention
`was made.
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`7.
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`Claims 5 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Kim as applied to
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`claims 1, 4, and 6 above, and further in view of Kim (US 2005/0084752, hereinafter Kim ‘752).
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`The teachings of Kim as discussed above are incorporated herein.
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`Regarding claims 5 and 7, and with regard to claim 9, Kim teaches the battery of claims 4 and 6
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`but fails to teach that the insulator (140) is provided on a surface, on an inner side of the battery, of the
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`metal plate (130). Kim fails to teach that the insulating member is integrated with the metal plate by
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`adhesive bonding.
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`Kim ‘752 teaches a cylindrical battery having an opening sealing body, or cap assembly, including
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`an insulating member, or insulating gasket (235), and a metal plate, or safety vent unit (231) (Figure 2).
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`It is seen in Figure 2 that the insulating gasket (235) covers lateral sides of holes (H) in the metal plate
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`(231), as well as surfaces of the metal plate on the inner side of the battery.
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`

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`Application/Control Number: 16/634,383
`Art Unit: 1729
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`Page 5
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`Kim ‘752 further teaches that the cap assembly is integrally molded by injection-molding
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`([0025], [0028]). The skilled artisan will easily understand that the method of Kim ‘752 results in
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`adhesive bonding of the components.
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`Kim ‘752 teaches thatit is desirable to integrally form the cap assembly by injection molding the
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`insulating member in order to enhance the assembling force between the cap lamination and the
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`insulating gasket ([0014]).
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`It would have been obvious to the person having ordinaryskill in the art at the time of the
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`invention to form the insulator (140) of Kim to cover surfaces of the metal plate on the inner side of the
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`battery by forming the insulator (140) and the cap assembly integrally by injection molding such as
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`suggested by Kim ‘752 in order to enhance the assembling force between the cap lamination and the
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`insulator.
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`With regard to claim 8, Kim and Kim ‘752 are silent on the size of the section P5, which covers a
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`surface of the metal plate on an inner side of the battery. The examiner finds it would have been an
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`obvious matter of design choice for the skilled artisan to determine a workable size of the section P5,
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`and workable dimensions for the cap assembly as a whole, in order to ensure that the assembling force
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`between the cap lamination and the insulator was adequate, and to ensure that the cap assembly were
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`an appropriate size for the battery and the battery an appropriate size for the intended apparatus for
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`which it would provide power. A changein size is generally recognize as being within the ordinary level
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`of skill in the art. MPEP 2144.04 IV. Further, it has been held that it is not inventive to discover workable
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`ranges by routine experimentation. MPEP 2144.05 IlA
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`

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`Application/Control Number: 16/634,383
`Art Unit: 1729
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`Page 6
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`Conclusion
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`8.
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`The prior art made of record and not relied upon is considered pertinent to applicant's
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`disclosure. Song et al. (US 6,207,320) and Meguroet al. (US 2008/0107957) teach cylindrical batteries
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`with opening sealing bodies.
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`9.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to ALIX ECHELMEYER EGGERDING whosetelephone number is (571)272-1101. The
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`examiner can normally be reached on 8:00am - 5:00pm.
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`Examiner interviewsare 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.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ula
`
`Ruddockcan be reached on 571-272-1481. The fax phone number for the organization wherethis
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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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`
`9199 (IN USA OR CANADA)or 571-272-1000.
`
`/ALIX E EGGERDING/
`Primary Examiner, Art Unit 1729
`
`