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
`
`16/969,451
`
`08/12/2020
`
`Kiyomi Kozuki
`
`P200734US00
`
`2632
`
`WHDA, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`KRONE, TAYLOR HARRISON
`
`1728
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`11/22/2023
`
`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)
`
`

`

`
`
`Disposition of Claims*
`1. and 3-5 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj} Claim(s)
`is/are allowed.
`Claim(s)
`1and3-5 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://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)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)1) 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)C All
`1... Certified copies of the priority documents have been received.
`2.1) Certified copies of the priority documents have beenreceived in Application No.
`3.1.) 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)
`
`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 20231109
`
`Application No.
`Applicant(s)
`16/969,451
`Kozuki, Kiyomi
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`TAYLOR H KRONE
`1728
`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 08 September 2023.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() 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: 16/969,451
`Art Unit: 1728
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AlA orAIA Status
`
`The present application,filed on or after March 16, 2013, is being examined under the first
`
`inventorto file provisions of the AIA.
`
`Inthe event the determination of the status of the application as subject to AIA35 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
`
`basis for the rejection will not be considered a new ground ofrejection if the prior art relied upon, and
`
`the rationale supporting the rejection, would be the same under either status.
`
`Continued Examination Under 37 CFR 1.114
`
`A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR
`
`1.17(e), was filed in this application after final rejection. Since this applicationis eligible for continued
`
`examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the
`
`finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.
`
`Applicant's submission filed on September 8, 2023, has been entered. Claims 1 and 3-5 remain
`
`pendingin the application. Applicant’s amendments to the claims have overcome the rejection of record
`
`under 35 U.S.C. 102.
`
`Claim Rejections - 35 USC § 103
`
`Inthe event the determination of the status of the application as subject to AIA35 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
`
`basis for the rejection will not be considered a new ground of rejection if the prior art relied upon, and
`
`the rationale supporting the rejection, would be the same under either status.
`
`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 forthin section 102,if the differences between the claimed invention
`
`

`

`Application/Control Number: 16/969,451
`Art Unit: 1728
`
`Page 3
`
`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 skillin the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in 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 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over KAWATE
`
`(EP3232495) in view of SOHMA (WO2017047278), and furtherin view of GISOLDI (US9559444 —
`
`previously cited in the Advisory Action filed on September 7, 2023).
`
`Regarding claim1, KAWATEteachesa rectangular secondary battery comprising:
`
`an electrode body that includes a plurality of stacked electrode plates (20 in Fig. 16; paragraph
`
`[0014));
`
`a rectangular outer casing (outer case 10; paragraph [0013]) that has an opening (opening 11a;
`
`paragraph [0013]) and that accommodatesthe electrode body (case body 11 in Fig. 16; paragraph
`
`[0013]);
`
`a cover plate(lid 12; paragraph [0013]) that seals the opening (which closes an opening 11a;
`
`paragraph [0013]) and that is provided with an external terminal (external terminal 50A; paragraph
`
`[0020]) on a side opposite to a side of the electrode body (external terminal 50A in Fig. 16 is disposed on
`
`one end side while external terminal 50B is disposed on the other end side; paragraph [0020));
`
`and a collector terminal (current collector 60A; paragraph [0043]) that is electrically connected
`
`to the external terminal (external terminal 50A is electrically connected to the collector terminal 60A;
`
`

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`Application/Control Number: 16/969,451
`Art Unit: 1728
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`Page 4
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`paragraph [0043]) and that is disposed inside the rectangular outer casing (collector terminal 60Ain Fig.
`
`16 disposed on the inner surface 12b side of the lid 12; paragraph [0043]);
`
`wherein each electrode plate (positive electrode sheet 21 and negative electrode sheet 22;
`
`[0014]) includes an active material arrangement portion (positive active materiallayers 25 & negative
`
`active material layers 27 in Fig. 3; paragraphs [0016] & [0017]) and a collector tab (current collector tab
`
`28 in Fig. 16; paragraph [0025]), the active material arrangementportion (positive active material layers
`
`25 & negative active material layers 27 in Fig. 3; paragraphs [0016] & [0017]) including a plate-like core
`
`body (see Fig. 3 showing plate-like core body below projecting portion 24b) and an active material
`
`containing layer that is provided at the core body (positive active material layer 25 and negative active
`
`material layer 27 noted on the plate-like core body below projecting portions 24b and 26b; Fig. 3), the
`
`collector tab (current collector tab 28 in Fig. 16 and current collector tab 29; paragraph [0025]) being
`
`integrated withthe core body (see Fig. 3) and protruding from the active material arrangement portion
`
`(projecting portions 24b and 26b of the current collector tabs 28 and 29 above active material layers 25
`
`and 27 in Fig. 3; paragraph [0018)),
`
`wherein each collector tab includes a curved portion(first bent portions 28c and 29c of current
`
`collector tabs 28 and 29; paragraph [0029]) and an end (second bent portions 28d and 29d extending
`
`into flat portions serving as the end portions; paragraph [0029]), the curved portion (first bent portions
`
`28c & 29c; paragraph [0029]) being positioned between the active material arrangementportion
`
`(positive active material layer 25 and negative active material layer 27 of the current collector tabs 28
`
`and 29; Fig. 16) corresponding thereto and the collector terminal in a height direction of the rectangular
`
`outer casing and having at least a part thereof curved (arrangedin a stacking direction of the electrode
`
`sheets 21 & 22 in Fig. 16; paragraphs [0027] & [0029]), the end (second bent portions 28d and 29d
`
`extendinginto flat portions serving as the end portions; paragraph [0029]) being positioned at the
`
`curved portion (first bent portions 28c and 29c of current collector tabs 28 and 29; paragraph [0029]) on
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`

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`Application/Control Number: 16/969,451
`Art Unit: 1728
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`Page5S
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`a side opposite to a side of the active material arrangement portion (positioned ona side opposite of
`
`the electrode assembly 20 in Fig. 16 which includes the positive active material layer 25 and negative
`
`active material layer 27; paragraph [0027]).
`
`KAWATE reads on the recited features above by comparing Figure 3 of the instant application
`
`with Fig. 16 of KAWATE. In Figure 3 of the instant application, 22a represents the curved portion
`
`extending the Z direction above the electrode body 14 positioned between the positive electrode active
`
`material arrangementportion 21 and the collector terminal 40 in a height direction of the rectangular
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`outer casing 11, the extending portion 22b and the correspondingflat portion 22c constituting the end
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`being positioned on a side opposite of the positive electrode active material arrangementportion 21 of
`
`the electrode body 14. This configuration is represented in Fig. 16 of KAWATE wherethefirst bent
`
`portion 28c extends upward (Z direction) above the electrode assembly 20 positioned betweenthe
`
`positive active material layer 25 and the current collector 60A in a height direction of the case body 11,
`
`the second bent portion 28d extending into a flat portion constituting the end being positioned on a side
`
`opposite of the positive active material layer 25 of the electrode assembly 20.
`
`KAWATE alsoteachesthat the end of the collector tab (current collecting tab 28; paragraph
`
`[0029]) includes a portion thereof disposed directly on a surface of the collector terminal (current
`
`collector 60A; paragraph [0043]) facing away from the active material arrangementposition (electrode
`
`sheets include active material layers; paragraphs [0016] — [0017]) of each electrode plate (electrode
`
`sheets 21 and 22; paragraph [0027), wherein eachendincludes a joint portion (joint portions 28a and
`
`29a in Fig. 11B; paragraph [0028]) that is joined and electrically connected to the collector terminal
`
`(joint portions 28a & 29a included in the current collecting tabs 28 & 29 are electricallyconnected which
`
`are also in contact with the current collectors 60A and 60B, and thus, are also electrically connected;
`
`paragraphs [0027] & [0028)).
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`

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`Application/Control Number: 16/969,451
`Art Unit: 1728
`
`Page 6
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`Fig. 18
`
`KAWATE reads on the recited feature above(the endof the collector tab includes a portion
`
`thereofdisposed directly on a surface of the collector terminalfacing away from the active material
`
`arrangedportion of each electrode plate) as shown in FIG. 16 where the current collecting tab 28 has a
`
`second bent portion 28d that extendsvertically at the bent portion 28d and curves around the welded
`
`portion 61A where the end of the current collecting tab 28 extends horizontally andsits flatlyon a
`
`surface of the welded portion 61A of the current collector 60A that faces away from the electrode
`
`sheets 21 and 22 that comprise the active material layers.
`
`KAWATE further teaches that the collector terminal includes a plate-like portion (current
`
`collectors 60A and 60B haveflat plate-like portions as shown in Fig. 14A where they are electrically
`
`connected to the externalterminals 50A and 50B; paragraph [0043]) having a major surface directly
`
`adjacent to the joint portion of each end of the collector tab (the current collectors 60A and 60B have a
`
`major surface directly adjacent to the joint portions 28a and 29a of the current collecting tabs 28 and
`
`29; see FIG. 14A), and an edge-portion end surface apart from the joint portion of each end of the
`
`collector tab (the plate-like portions of the current collectors 60A & 60B have an edge surfacethat is
`
`

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`Application/Control Number: 16/969,451
`Art Unit: 1728
`
`Page 7
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`apart from the joint portions of each end of the collector tabs, i.e., the edge surface is not in contact
`
`with the joint portions of the current collecting tabs; Fig. 14A).
`
`KAWATE is deficient in explicitly disclosing that the collector tabs that are included in the
`
`plurality of electrode plates are disposed so as to overlap each other and constitute a tab bundle.
`
`KAWATEis also deficient in explicitly disclosing that the rectangular secondary battery further comprises
`
`a clamping portion that clamps, along with an edge-portion end surface of the plate-like portion, thetab
`
`bundle, wherein the tab bundle is sandwiched between the clamping portion and the edge-portion end
`
`surface of the plate-like portion.
`
`SOHMA disclosesthat the collector tabs that are included in the plurality of electrode plates are
`
`disposed so as to overlap eachother and constitute a tab bundle (plurality of current collecting tabs are
`
`bundles; top of page 41 of the English translation), and that the rectangular secondary battery further
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`comprises a clamping portion that clamps (clamping member; top of page 44 of the English translation)
`
`the tab bundle (current collecting tabs positioned at the flat portion and the curved portion are
`
`collectively clamped in the thickness direction; middle of page 44 of the English translation).
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`Advantageously, the clamping of the current collecting tabs prevents the probability of an occurrence of
`
`an internal short circuit due to the buckling of the tabs. Thus, prior tothe effective filing date of the
`
`claimed invention, one of ordinary skill in the art, in seeking to prevent the probability of an occurrence
`
`of aninternal short circuit due to the buckling of the tabs, would have found it obvious to utilize a
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`clamping portion to clamp, along with an edge-portion end surface of the plate-like portion, the tab
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`bundle, sandwiched between the clamping portion and the edge-portion end surface of the plate-like
`
`portion of the collector terminal, as suggested by SOHMA,in the rectangular secondary battery as
`
`taught by KAWATE, with a reasonable expectation of success.
`
`Modified KAWATE does not explicitly disclose a connecting portion configured to pivotably
`
`connect the clamping portion to the collector terminal.
`
`

`

`Application/Control Number: 16/969,451
`Art Unit: 1728
`
`Page 8
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`GISOLDI discloses a batteryterminal for terminating toa terminal post of a battery, wherein a
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`lever is rotatably mounted to a lever engaging portion and includes an engagement member with a pair
`
`of mounting members extending therefrom (abstract). As shownin FIGs. 1-3, the lever 30 canbe
`
`pivotally connected to the battery post 18 of a battery (col. 6, lines 17-67). Advantageously, the
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`configuration of the lever 30 being pivotally connected to the battery post 18 allows for secure clamping
`
`engagement(col. 6, lines 58-67). Therefore, prior to the effectivefiling date of the claimed invention,it
`
`would have been obvious to a personof ordinaryskill in the art to the modify the clamping portion of
`
`the rectangular secondary battery, as taught by modified KAWATE,to utilize a connecting portion
`
`configured to pivotably connect the clamping portion to the collector terminal, allowing for secure
`
`clamping engagement, as suggested by GISOLDI, witha reasonable expectation of success.
`
`Regarding claim3, modified KAWATE teaches the rectangular secondary battery according to
`
`claim 1, wherein modified KAWATEfurther teaches that the clamping portion (clamping member; top of
`
`page 44 of the Englishtranslation of SOHMA), the collector terminal (current collector 60A; paragraph
`
`[0043] of KAWATE), and the connecting portion (a connecting portion wherethe current collecting tabs
`
`28 & 29 are connected to the current collectors 60A & 60B; paragraph [0029] of KAWATE) are integrated
`
`with each other and define a recessed portion (the recessed portion (the clamping member is provided
`
`with a protrusion 311a for positioning the flat plate of the clamping member thereby accommodating
`
`the plurality of current collector tabs that are sandwiched therebetween; bottom of page 45 of the
`
`English translation) that accommodatesa part of the tab bundle (current collecting tabs are fixed to the
`
`current collecting plate by fixing members; the fixing member includes a clamping member; middle of
`
`page 43 of the Englishtranslation of SOHMA).
`
`Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over KAWATE(EP3232495) in
`
`
`
`view of SOHMA (WO02017047278) and GISOLDI (US9559444 — previously cited in the Advisory Action
`
`filed on September 7, 2023), and furtherin view of SUZUKI (US20170133718).
`
`

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`Application/Control Number: 16/969,451
`Art Unit: 1728
`
`Page 9
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`Regarding claim 4, modified KAWATE teaches the rectangular secondary battery according to
`
`claim 1. Modified KAWATE is deficient in explicitly disclosing that the rectangular secondary battery
`
`comprises: an insulator that is disposed between an inner surface portion of the rectangular outer
`
`casing and the clampingportion, the inner surface portion being positioned on a side opposite to aside
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`of the edge-portion end surface with respect tothe clamping portion, wherein the clamping portion is
`
`integrated with the insulator, or is fixed to the insulator.
`
`SUZUKI like KAWATE is modifying a rectangular secondary battery connection structure whereby
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`each configuration enhances durability and suppressesvibrations of the outer case transferring tothe
`
`respective electrode bodies by the tab portions even if the outer case vibrates due to external factors
`
`(paragraph [0037] of SUZUKI). While KAWATE chose to incorporate welded portions that are welded to
`
`the current collecting tab bent portions to decrease vibrations from an impact applied to the current
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`collecting tabs at the time of assembling the battery or during traveling of a vehicle that has the battery
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`mounted on it (paragraphs [0025] & [0050] of KAWATE), SUZUKI chose to utilize clamping portions to
`
`connect the wound electrode body and the inner surface of the curved portion to each other via the tab
`
`portions alsoto decrease vibrations. SUZUKI discloses an insulator(insulating film 17; paragraph [0033]
`
`of SUZUKI) that is disposed between an inner surface portion of the rectangular outer casing (inner
`
`surface of the main body 4; paragraph [0033] of SUZUKI) and the clamping portion (clamping member;
`
`top of page 44 of the English translation of SOHMA), the inner surface portion (inner surface of the main
`
`body 4; paragraph [0033] of SUZUKI) being positioned on a side opposite to a side of the edge-portion
`
`end surface (edge surfaceof the plate-like portions of current collectors 60A & 60B; Fig. 14A) with
`
`respect to the clamping portion (clamping member; top of page 44 of the English translation of SOHMA),
`
`wherein the clamping portion (clamping member; top of page 44 of the Englishtranslation of SOHMA)is
`
`integrated with the insulator (clamping of the electric insulating film 17; paragraph [0033] of SUZUKI), or
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`is fixed to the insulator(the clamping of the electric insulating film; paragraph [0033] of SOHMA).
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`

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`Application/Control Number: 16/969,451
`Art Unit: 1728
`
`Page 10
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`Advantageously, this configuration enhances durability and suppresses vibrations of the outer case
`
`transferring tothe wound electrode body by the tab portions even if the outer case vibrates due to
`
`external factors (paragraph [0037]). Thus, prior to the effective filing date of the claimed invention, one
`
`of ordinary skill in the art, in seeking to suppress vibrations transferring tothe tabs and enhance
`
`durability, would have found it obvious to utilize an insulator disposed between an inner surface portion
`
`of the rectangular outer casing and the clamping portion, wherein the clamping portion is fixed to the
`
`insulator as suggested by SUZUKI in the rectangular secondary battery as taught by KAWATE.
`
`Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over KAWATE(EP3232495) in
`
`
`
`view of SOHMA (WO02017047278) and GISOLDI (US9559444 — previously cited in the Advisory Action
`
`filed on September 7, 2023), and furtherin view of HOLL (US9373865).
`
`Regarding claim5, modified KAWATE teaches the rectangular secondary battery according to
`
`claim 1, wherein the joint portion is included in the overlapping portion (joint portions 28a & 29aona
`
`distalend side where projecting portions are joined to each other; paragraph [0028]). Modified KAWATE
`
`is deficient in explicitly disclosing that each collector tabincludes a flat portion that extends along an
`
`upper surface of the plate-like portion on a side of the cover plate in the height direction, wherein,
`
`when seen from the height direction, an overlapping portion where all of the flat portion sin all of the
`
`collector tabs included in the tab bundle overlap each other exists, whereina length of the overlapping
`
`portion in a protruding direction of the collector tabs is greater than or equal to 3 mm.
`
`HOLL discloses that the collector lugs are flat, for example, rectangular or square, and they
`
`generally have two opposite flat sides which can be planar (Col. 5, lines 1-3); the collector lugs which
`
`protrude from the winding are arrangedin an overlapping manner ina kind of stack-like arrangement
`
`(Col. 4, lines 64-67). Advantageously, the collector lugs only have a minimum offset in relation to one
`
`another within the stack-like arrangement(Col 5, lines 11-12). Thus, prior to the effective filing date of
`
`the claimed invention, one of ordinary skill in the art, in seeking to have collector tabs in a tab bundle
`
`

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`Application/Control Number: 16/969,451
`Art Unit: 1728
`
`Page 11
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`with only a minimum offset in relation to one another, would have found it obvious, to include flat
`
`collector tabs in a bundle that overlap each other as suggested by HOLL in the rectangular secondary
`
`battery as taught by KAWATE.
`
`HOLL also teaches that the overlapping arrangementis to be understood to mean,in particular,
`
`that the flat sides of all the collector lugs within the stack-like arrangement overlap in one direction,
`
`preferably perpendicular to the flat sides, preferably over at least 75%, over at least 90%, and over at
`
`least 95% such that the collector lugs have only a minimum offset in relation to one another within the
`
`stack-like arrangement(Col. 5, lines 5-13). It is the examiner’s position that the length of the overlapping
`
`portion in a protruding direction of the collector tabs being greater than or equal to 3 mm is selectedto
`
`control the desired size, shape, and form factor of the rectangular secondary battery. As such, without
`
`showing unexpected results, the claimed size of the overlapping portion cannot be consideredcritical.
`
`Accordingly, prior to the effective filing date of the claimed invention, one of ordinary skill in the art, in
`
`seeking to control the desired size, shape, and form factor of a battery, would have found it obvious to
`
`choose a predetermined length of the overlapping portion of the collector tabs as suggested by HOLL in
`
`the rectangular batteryas taught by KAWATE. See MPEP 2144.04 1V A: In Gardnerv. TECSyst., Inc., 725
`
`F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984), the Federal
`
`Circuit held that, where the only difference betweenthe prior art and the claims was a recitation of
`
`relative dimensions of the claimed device and a device having the claimed relative dimensions would
`
`not perform differently than the prior art device, the claimed device was not patentably distinct from
`
`the prior art device.
`
`Response to Arguments
`
`Applicant's argumentsfiled on August 9, 2023, have been fully considered.
`
`Applicant asserts that the amendedlimitations of claim 1, incorporating aspects from claims 2
`
`and 3 with modification, are not obvious over Kawate in view of Sohma, because modified Kawate
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`

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`Application/Control Number: 16/969,451
`Art Unit: 1728
`
`Page 12
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`teaches a connecting portion, wherein the tabs are connected to the current collector and/or the
`
`alleged clamping member by welding and not by being pivotably connected.
`
`Applicant’s assertion is unpersuasive, because Kawate in view of Sohma, and further in view of
`
`Gisoldi provides for the specific structural and positional relationship of the collector terminal, the
`
`clamping portion, and the connecting portion, as defined in claim 1. Specifically,
`
`it would have been
`
`obvious toa person of ordinary skill in the art to the modify the clamping portion of the rectangular
`
`secondary battery, as taught by modified KAWATE,to utilize a connecting portion configured to
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`pivotably connect the clamping portion to the collector terminal, allowing for secure clamping
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`engagement, as suggested by GISOLDI, with a reasonable expectation of success.
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`Conclusion
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`Anyinquiry concerning this communication or earlier communications from the examiner
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`should be directed to TAYLOR H KRONE whose telephone number is (571)270-5064. The examiner can
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`normally be reached Monday through Friday from 8:30 AM - 5:30 PM EST.
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`Examiner interviews are 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
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`the USPTO Automated Interview Request (AIR) at http://www. uspto.gov/interviewpractice.
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`If attempts toreachthe examiner by telephone are unsuccessful, the examiner’s supervisor,
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`MATTHEWT MARTIN can be reached on 571-270-7871. The fax phone number for the organization
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`wherethis application or proceeding is assigned is 571-273-8300.
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`Information regarding the status of published or unpublished applications may be obtained from
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`Patent Center. Unpublished application information in Patent Center is available to registered users. To
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`file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov.Visit
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`https ://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and
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`https ://www.uspto.gov/patents/docx for information aboutfiling in DOCX format. For additional
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`

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`Application/Control Number: 16/969,451
`Art Unit: 1728
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`Page 13
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`questions, contact the Electronic Business Center (EBC) at 866-217-9197(toll-free). If you would like
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`assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA)or
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`571-272-1000.
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`/TAYLOR HARRISON KRONE/
`Examiner, Art Unit 1728
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`/MATTHEWT MARTIN/
`Supervisory Patent Examiner, Art Unit 1728
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`