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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
`
`16/634,652
`
`01/28/2020
`
`Kazutoshi Kohira
`
`P200028US00
`
`5894
`
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`ZHANG,HAIXIA
`
`ART UNIT
`1723
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`01/21/2022
`
`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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-7 is/are rejected.
`S)
`) © 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:/Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)C2 The specification is objected to by the Examiner.
`11)C) The drawing(s) filed on
`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:
`cc) None ofthe:
`b)1 Some**
`a)) All
`1.4 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 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)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 02/13/2020.
`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 20220114
`
`Application No.
`Applicant(s)
`16/634,652
`Kohira etal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`HAIXIA ZHANG
`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)C) Responsive to communication(s) filed on
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)C) This action is FINAL. 2b)¥)This action is non-final.
`3)0) 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\() 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: 16/634,652
`Art Unit: 1723
`
`Page 2
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`Notice of Pre-AlA or AIA Status
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`The present application, filed on or after March 16, 2013, is being examined under the
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`first inventor to file provisions of the AIA.
`
`DETAILED ACTION
`
`Information Disclosure Statement
`
`1.
`
`The information disclosure statement (IDS) submitted on 02/13/2020is in
`
`compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure
`
`statement is being considered by the examiner.
`
`Claim Rejections - 35 USC § 103
`
`2.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousnessrejections setforth 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 of thistitle, if the differences
`between the claimed invention andthe prior art are such that the claimed invention as a whole
`would have been obvious before the effectivefiling 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.
`
`3.
`
`The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148
`
`USPQ 459 (1966), that are applied 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.
`
`

`

`Application/Control Number: 16/634,652
`Art Unit: 1723
`
`Page 3
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`4. Considering objective evidence presentin the application indicating
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`obviousness or nonobviousness.
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`4.
`
`Claims 1-3 and 5-6 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Kim etal. (“Kim”, US 20090061310 A1).
`
`5.
`
`Regarding claim 1, Kim teaches a cylindrical battery comprising: an electrode
`
`group; and is expected to have an electrolyte; a battery can that houses the electrode
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`group and is expected to be housed with the electrolyte in order for the battery to run
`
`as a battery (the burden of proof then shifts to the applicant to provide objective
`
`evidence to the contrary (See MPEP § 2112)); and an opening sealing body that seals
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`an opening of the battery can (Kim, Title, Abstract, Fig. 1A and 2B, at least [0005]-
`
`[0008], [0042], [0046], e.g., the secondary batteries exhibit reversible conversion
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`between chemical energy and electrical energy, thus allowing for repetitive charging
`
`and discharging; an amount of energy that can be charged depends on materials of the
`
`electrodes and electrolyte; lithium secondary batteries may beclassified into lithium ion
`
`batteries using liquid electrolyte and lithium polymer batteries using polymer electrolyte
`
`depending on electrolyte types; the lithium secondary batteries may be a cylindrical
`
`type; secondary battery generally comprises an electrode assembly having a cathode
`
`plate and an anode plate wound with a separator interposed therebetween, a case for
`
`accommodating the electrode assembly, and a cap assembly located on an opening of
`
`the case for sealing the case; battery includes a case 120 for accommodating the
`
`electrode assembly 110, and a cap assembly 200 coupled with the case 120 for
`
`sealing the case 120; the case 120 has a cylindrical shape in which the electrode
`
`assembly 110 is placed; (the battery is expected to comprise an electrolyte and the
`
`

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`Application/Control Number: 16/634,652
`Art Unit: 1723
`
`Page 4
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`electrolyte is expected to be housed with the electrode group in order for the battery to
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`run as a battery; the burden of proof then shifts to the applicant to provide objective
`
`evidence to the contrary (See MPEP § 2112)); a battery can that housesthe electrode
`
`group and the electrolyte in order for the battery to run as a battery is well-knownin the
`
`battery art),
`
`6.
`
`the opening sealing body including a valve member, a conductive plate
`
`disposed on aninner side of the battery with respect to the valve member, and an
`
`annular insulating member interposed between the valve member and the conductive
`
`plate, (Kim, Figs. 1A-10B, at least [0047], [0049], cap assembly 200 includes a cap-up
`
`or upper cap member 160, a vent plate 150, an insulator 140 and a cap-downor lower
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`cap member 130; a weld A between the vent 151 and the cap-down 130 (which is
`
`being interpreted as conductive plate) is broken, such that a current path from the
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`electrode assembly 110 to the cap-up 160 via a lead 123 is blocked)),
`
`7.
`
`wherein the valve member and the conductive plate are connected to each other
`
`at respective central portions (Kim, Figs. 1A-10B, at least [0047], [0049], cap assembly
`
`200 includes a cap-up or upper cap member 160, a vent plate 150, an insulator 140
`
`and a cap-downor lower cap member 130; a weld A between the vent 151 and the
`
`cap-down 130 (which is being interpreted as conductive plate) is broken, such that a
`
`current path from the electrode assembly 110 to the cap-up 160 via a lead 123 is
`
`blocked)),
`
`8.
`
`the valve member hasa thin-walled portion which is deformable when an
`
`internal pressure of the battery increases (Kim, [0048], e.g., internal pressure increases
`
`

`

`Application/Control Number: 16/634,652
`Art Unit: 1723
`
`Page 5
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`and the gas travels through a plurality of ventilation holes 131 of the cap-down 130 and
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`lifts a vent 151 of the vent plate 150),
`
`9.
`
`the insulating member has a section P1 that covers a surface, on the valve
`
`member side, of the conductive plate, a section P2 that is provided subsequent to the
`
`section P1 and covers a circumferential end face of the conductive plate, and a section
`
`P3 that is provided subsequent to the section P2 and covers a surface, on an inner
`
`side of the battery, of the conductive plate, and the section P3 is provided to cover an
`
`area from the circumferential end face of the surface, on the inner side of the battery,
`
`of the conductive plate toward a center (Kim, Fig. 3B, [0063], e.g., insulator 140 and
`
`the cap-down 130 having ventilation holes 131 are then coupled with each other by the
`
`second fastening members 143 (whichis being interpreted as section P3) of the
`
`insulator 140), and
`
`10.
`
`Kim teaches the conductive plate. Kim does not explicitly teach that the
`
`conductive plate is a metal plate. However, a metal conductive plate is well-known in
`
`the battery art.
`
`It would have been obvious to the person having ordinary skill in the art
`
`at the time of the invention to have the conductive plate be a metal plate for the
`
`purpose of providing strength and conductivity.
`
`11.|Kim does not teaches the size of P3 such that the section P3 is provided to
`
`cover an area greater than or equal to 0.2 mm from the circumferential end face of the
`
`surface, on the inner side of the battery, of the metal plate toward a center. However,it
`
`would have been an obvious matter of design choice for the skilled artisan to determine
`
`a workable size of the section P3, and workable dimensions for the cap assembly as a
`
`whole, in order to ensure that the assembling force between the cap lamination and the
`
`

`

`Application/Control Number: 16/634,652
`Art Unit: 1723
`
`Page 6
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`insulator was adequate, and to ensure that the cap assembly were an appropriate size
`
`for the battery and the battery an appropriate size for the intended apparatus for which
`
`it would provide power. A change in size is generally recognize as being within the
`
`ordinary level of skill in the art. (Gee MPEP 2144.04IV). Further, it has been held thatit
`
`is not inventive to discover workable rangesby routine experimentation. (See MPEP
`
`2144.05 II A).
`
`12.
`
`Regarding claim 2, Kim teaches the metal plate of claim 1 as disclosed above.
`
`Kim teaches wherein the conductive plate and the insulating member have respective
`
`holes which communicate with each other (Kim, Figs. 1A to 10B, [0048], [0053], e.g.,
`
`plurality of ventilation holes 131 of the cap-down 130; insulator 140; a plurality of holes
`
`132 of the cap-down 130).
`
`13.
`
`Regarding claim 3, Kim teaches the metal plate of claim 1 as disclosed above.
`
`Kim teaches wherein the insulating member further has a section P4 that is provided
`
`subsequent to the section P1 and coversa lateral side of the holes of the metal plate
`
`(Kim, Fig. 1B, [0053], e.g., a plurality of protrusions 141 (which is being interpreted as
`
`section P4) of the insulator 140 and a plurality of holes 132 of the cap-down 130). The
`
`combination of protrusions 141 (section P4) with second fastening members 143
`
`(section P3) is likely to be obvious when it does no more than yield predictable results.
`
`(See MPEP § 2143, A.).
`
`14.
`
`Regarding claims 5-6, Kim teaches wherein a recessed portion is formed by
`
`the thin-walled portion on the insulating member opposing side of the valve member,
`
`and the section P1 has a rib to be housedin the recessed portion; and wherein the
`
`section P1 has an area which coverspart of the holes of the metal plate, and at least
`
`

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`Application/Control Number: 16/634,652
`Art Unit: 1723
`
`Page 7
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`part of the rib is provided in the area. (Kim, Figs. 1A, 2B, 9A, 10A (see annotatedFig.
`
`1A below).
`
`Farge
`
`&.
`
`ASROSENta ees
`
`.
`{an
`
`&
`
`the
`HO \
`YEt
`* sSSRISEEENR,x
`: thin-wal ed po: ion <
`z
`=
`
`we
`x
`
`at
`
`‘
`
`: 383
`
`15.
`
`16.
`
`17.
`
`18.
`
`Claims 4 and 7 are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Kim etal. (“Kim”, US 20090061310 A1) as applied to claims 1 and 3 above,
`
`and further in view of Kim etal. (“Kim2”, US 20050084752 A1).
`
`19.
`
`Regarding claim 4, Kim teaches the cylindrical battery of claim 3 comprising
`
`the insulating member and the metal plate as disclosed above. Kim does not teaches
`
`wherein the insulating member further has a section P5 that is provided subsequent to
`
`the section P4 and covers the surface, on the inner side of the battery, of the metal
`
`plate.
`
`20.
`
`However, in the same field of endeavor, Kim2 teaches battery comprising an
`
`insulating gasket 235 has a section P5 that is provided subsequent to the section P4
`
`

`

`Application/Control Number: 16/634,652
`Art Unit: 1723
`
`Page 8
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`and covers a surface, on the inner side of the battery, of a conductive safety vent unit
`
`231 (Kim2, Title, Figs. 1-2, [0018)).
`
`21.
`
`‘It would have been obvious to one of ordinary skill in the art before the effective
`
`filing date of the claimed invention to have wherein the insulating member further has a
`
`section P5 that is provided subsequent to the section P4 and covers the surface, on
`
`the inner side of the battery, of the metal plate, for the purpose of simplify the process
`
`of fabricating the secondary battery (Kim2, [0013]).
`
`22.
`
`Regarding claim 7, Kim teaches the cylindrical battery of claim 1 as disclosed
`
`above. Kim does not explicitly teach wherein the insulating member is integrated with
`
`the metal plate by adhesive bonding.
`
`23.
`
`However, in the same field of endeavor, Kim2 teaches a battery comprising
`
`insulating gasket 235 is integrated with a conductive safety vent unit 231 by adhesive
`
`bonding (Kim2, Title, Figs. 1-2, [0018], [0025], [0028]).
`
`24.
`
`It would have been obvious to one of ordinary skill in the art before the effective
`
`filing date of the claimed invention to have wherein the insulating member is integrated
`
`with the metal plate by adhesive bonding, for the purpose of enhancing the assembling
`
`force between the cap lamination and the insulating gasket (Kim2, [0014)).
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to HAIXIA ZHANG whosetelephone number is (571)272-
`
`5697. The examiner can normally be reached on First Week: M, T, Th 8-5; Second
`
`Week: M, T 8-5.
`
`

`

`Application/Control Number: 16/634,652
`Art Unit: 1723
`
`Page 9
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Milton Cano can be reached on 313-446-4937. The fax phone number for
`
`the organization where this application or proceeding is assigned is 571-273-8300.
`
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`
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`
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`
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`
`/HAIXIA ZHANG/
`Primary Examiner, Art Unit 1723
`
`