www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`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, VA22182
`
`KRONE, TAYLOR HARRISON
`
`1728
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/24/2024
`
`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)
`
`

`

`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 STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof 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 22 March 2024.
`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) 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)(2) 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.and 3-5 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) 1and3-5 is/are rejected.
`(] 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://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)7) 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
`1.1.) Certified copies of the priority documents have been received.
`2.2) 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)
`
`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)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240417
`
`

`

`Application/Control Number: 16/969,451
`Art Unit: 1728
`
`Page 2
`
`DETAILED ACTION
`
`Response to Arguments
`
`Applicant's arguments filed on March, 22, 2024, have been fully considered.
`
`Applicant asserts that Kawate in view of Sohmaand Gisoldifails to specifically provide
`
`for a connecting portion configured to pivotably connect the clampingportion to the collector
`
`terminal.
`
`In responseto applicant's argument regardingthe structural differences between Gisoldi
`
`and Kawate/Sohma,the test for obviousness is not whetherthe features of a secondary reference
`
`may be bodily incorporatedinto the structure of the primary reference; noris it that the claimed
`
`invention must be expressly suggested in any oneor all of the references. Rather, the test is what
`
`the combined teachings of the references would have suggested to those of ordinary skill in the
`
`art. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981).
`
`Applicant’s assertion is unpersuasive, because GISOLDIdiscloses a leverthat is
`
`rotatably mountedto a lever engaging portion and includes an engagement memberwith a pair
`
`of mounting members extending therefrom (abstract). As shown in FIGs. 1-3, the lever 30 can be
`
`pivotally connected to the battery post 18 of a battery (col. 6, lines 17-67). Advantageously, the
`
`configuration of the lever 30 being pivotally connectedto the battery post 18 allows for secure
`
`clamping engagement(col. 6, lines 58-67). GISOLDIis thus relied on for the pivotal/rotational
`
`connection teaching to allow for secure clamping engagement and connection, notforits entire
`
`structure.
`
`Assuch, it would have been obvious to a 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 pivotably connect the clampingportion to the collector
`
`

`

`Application/Control Number: 16/969,451
`Art Unit: 1728
`
`Page 3
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`terminal, allowing for secure clamping engagement, as suggested by GISOLDI, without
`
`incorporating the entire structure of GISOLDI.
`
`Claim Rejections - 35 USC § 103
`
`In the eventthe determination ofthe status of the application as subject to AIA 35 U.S.C.
`
`102 and 103 (oras subject to pre-AJA 35 U.S.C. 102 and 103) is incorrect, any correction of the
`
`statutory basis for the rejection will not be considered a new groundof rejection if the prior art
`
`relied upon, andthe rationale supporting the rejection, would be the same undereitherstatus.
`
`The followingis a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejections set forth in this Office action:
`
`A patent fora 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 obviousbefore 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.
`
`The factual inquiries for establishing a backgroundfor determining obviousness under 35
`
`U.S.C. 103 are summarized as follows:
`
`1. Determining the scope and contents of the priorart.
`
`2. Ascertaining the differences betweenthe prior art and the claimsat issue.
`
`3. Resolving the level of ordinary skill in the pertinentart.
`
`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 further in view of
`
`GISOLDI (US9559444 — previously cited in the Advisory Actionfiled on September 7
`
`2023).
`
`Regarding claim 1, KAWATEteaches a rectangular secondary battery comprising:
`
`

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`Application/Control Number: 16/969,451
`Art Unit: 1728
`
`Page 4
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`an electrode bodythat 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 accommodates the electrode body (case body 11 in Fig. 16;
`
`paragraph [0013]);
`
`a coverplate (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]) ona side opposite to a side of the electrode body (external terminal 50A in
`
`Fig. 16 is disposed on one end side while external terminal 50Bis disposed on the other endside;
`
`paragraph [0020]);
`
`and a collector terminal (current collector 60A; paragraph [0043 ]) thatis electrically
`
`connected to the external terminal (external terminal 50Ais electrically connected to the
`
`collector terminal 60A; paragraph [0043]) andthat is disposed inside the rectangular outer casing
`
`(collector terminal 60A in Fig. 16 disposed on the inner surface 12b side of the lid 12; paragraph
`
`[0043]);
`
`wherein each electrodeplate (positive electrode sheet 21 and negative electrode sheet 22;
`
`[0014]) includes an active material arrangementportion (positive active material layers 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 showingplate-like core body below
`
`projecting portion 24b) and an active material containing layerthat is provided at the core body
`
`(positive active material layer 25 and negative active material layer 27 noted on the plate-like
`
`

`

`Application/Control Number: 16/969,451
`Art Unit: 1728
`
`Page 5
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`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 with the 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 aboveactive material layers 25 and 27 in Fig.3;
`
`paragraph [0018]),
`
`wherein each collector tab includes a curvedportion (first bent portions 28c and 29c of
`
`current collector tabs 28 and 29; paragraph [0029]) and an end (second bent portions 28d and
`
`29d extendinginto 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 andthe collector
`
`terminal in a height direction of the rectangular outer casing and havingatleast a part thereof
`
`curved (arranged in 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 curvedportion (first bent portions
`
`28c and 29c of current collector tabs 28 and 29; paragraph [0029]) ona side opposite to a side of
`
`the active material arrangementportion (positioned on a 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 treads ontherecited 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
`
`curvedportion extending the Z direction abovethe electrode body 14 positioned between the
`
`positive electrode active material arrangement portion 21 and the collector terminal 40 in a
`
`

`

`Application/Control Number: 16/969,451
`Art Unit: 1728
`
`Page 6
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`height direction of the rectangular outer casing 11, the extending portion 22b and the
`
`corresponding flat portion 22c constituting the end being positioned on a side o pposite of the
`
`positive electrode active material arrangement portion 21 of the electrode body 14. This
`
`configuration is represented in Fig. 16 of KAWATEwherethefirst bent portion 28c extends
`
`upward (Z direction) above the electrode assembly 20 positioned between the positive active
`
`material layer 25 and the current collector 60A in a height direction of the case body 11, the
`
`second bentportion 28d extendingintoaflat portion constituting the end being positioned on a
`
`side opposite of the positive active material layer 25 of the electrode assembly 20.
`
`KAWATEalsoteaches that 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
`
`arrangement position (electrode sheets include active material layers; paragraphs [0016] —
`
`[0017]) of each electrodeplate (electrode sheets 21 and 22; paragraph [0027), wherein each end
`
`includes 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 electrically connected whichare also in contact with the
`
`current collectors 60A and 60B, andthus, are also electrically connected; paragraphs [0027] &
`
`[0028]).
`
`

`

`Application/Control Number: 16/969,451
`Art Unit: 1728
`
`Page 7
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`Fig. 18
`
`KAWATEreads onthe recited feature above (the end ofthe collector tab includesa
`
`portion thereofdisposed directly on a surface of the collector terminalfacing away from the
`
`active material arranged portion ofeach electrode plate) as shown in FIG. 16 wherethe current
`
`collecting tab 28 has a second bent portion 28d that extends vertically at the bent portion 28d and
`
`curves around the welded portion 61 A where the endof the current collecting tab 28 extends
`
`horizontally andsits flatly on 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 materiallayers.
`
`KAWATEfurther teaches that the collector terminal includes a plate-like portion (current
`
`collectors 60A and 60B haveflat plate-like portions as shownin Fig. 14A where they are
`
`electrically connectedto the external terminals 50A and 50B; paragraph [0043 ]) having a major
`
`surface directly adjacentto 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
`
`

`

`Application/Control Number: 16/969,451
`Art Unit: 1728
`
`Page 8
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`collectors 60A & 60B have an edge surface that is apart from the joint portions of each end of
`
`the collectortabs, i-e., the edge surface is not in contact with the joint portions of the current
`
`collecting tabs; Fig. 14A).
`
`KAWATEisdeficient 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, the tab bundle, wherein the tab bundle is sandwiched betweenthe clamping
`
`portion and the edge-portion end surface ofthe plate-like portion.
`
`SOHMAdiscloses that the collector tabs that are includedin the plurality of electrode
`
`plates are disposed so as to overlap each other 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 comprises a clamping portion that clamps (clamping member;top of
`
`page 44 of the English translation) the tab bundle (current collecting tabs positionedat the flat
`
`portion andthe curved portion are collectively clamped in the thickness direction; middle of page
`
`44 of the English translation). 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 to the effective filing date of the claimed invention, one of ordinary skill in the
`
`art, in seeking to preventthe probability of an occurrence of an internal short circuit due to the
`
`buckling of the tabs, would have found it obviousto utilize a clamping portion to clamp, along
`
`with an edge-portion end surface of the plate-like portion, the tab bundle, sandwiched between
`
`the clamping portion and the edge-portion end surface of the plate-like portion of the collector
`
`

`

`Application/Control Number: 16/969,451
`Art Unit: 1728
`
`Page 9
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`terminal, as suggested by SOHMA, in the rectangular secondarybattery as taught by KAWATE,
`
`with a reasonable expectation of success.
`
`Modified KAWATEdoes not explicitly disclose a connecting portion configured to
`
`pivotably connect the clamping portion to the collector terminal.
`
`GISOLDIdiscloses a battery terminal for terminating to a terminal postof a battery,
`
`wherein a leveris rotatably mountedto a lever engaging portion and includes an engagement
`
`memberwith a pair of mounting members extending therefrom (abstract). As shownin FIGs. 1 -
`
`3, the lever 30 can be pivotally connected to the battery post 18 of a battery (col. 6, lines 17-67).
`
`Advantageously, the configuration of the lever 30 being pivotally connectedto the battery post
`
`18 allows for secure clamping engagement(col. 6, lines 58-67). Therefore, prior to the effective
`
`filing date of the claimed invention, it would have been obvious to a person of 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, with a reasonable expectation of success.
`
`Regarding claim 3, modified KAWATEteaches the rectangular secondary battery
`
`according to claim 1, wherein modified KAWATEfurtherteaches that the clamping portion
`
`(clamping member; top of page 44 of the English translation 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 memberis provided with a protrusion
`
`311a for positioning the flat plate of the clamping member thereby accommodatingthe plurality
`
`

`

`Application/Control Number: 16/969,451
`Art Unit: 1728
`
`Page 10
`
`of current collector tabs that are sandwiched therebetween; bottom of page 45 of the English
`
`translation) that accommodates a part of the tab bundle (current collecting tabs are fixed to the
`
`current collecting plate by fixing members; the fixing memberincludes a clamping member;
`
`middle of page 43 of the English translation of SOHMA).
`
`Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over KAWATE
`
`(EP3232495) in view of SOHMA (WO2017047278) and GISOLDI (US9559444 — previously
`
`cited in the Advisory Actionfiled on September 7, 2023), and further in view of SUZUKI
`
`(US20170133718).
`
`Regarding claim 4, modified KAWATEteaches the rectangular secondary battery
`
`according to claim 1. Modified KAWATEis deficient in explicitly disclosing that the rectangular
`
`secondary battery comprises: an insulatorthat is disposed between an innersurface portion of the
`
`rectangular outer casing and the clampingportion, the inner surface portion being positioned on
`
`a Side opposite to a side of the edge-portion end surface with respect to the clamping portion,
`
`wherein the clampingportion is integrated with the insulator,or is fixed to the insulator.
`
`SUZUKIlike KAWATEis modifying a rectangular secondary battery connection
`
`structure whereby each configuration enhances durability and suppresses vibrations of the outer
`
`case transferring to the respective electrode bodies by the tab portions evenif 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 collecting tabs at the time of
`
`assembling the battery or during traveling of a vehicle that has the battery mounted onit
`
`(paragraphs [0025] & [0050] of KAWATE), SUZUKI choseto utilize clamping portionsto
`
`connect the woundelectrode body andthe inner surface of the curved portion to each othervia
`
`

`

`Application/Control Number: 16/969,451
`Art Unit: 1728
`
`Page 11
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`the tab portions also to decrease vibrations. SUZUKIdiscloses an insulator (insulating film 17;
`
`paragraph [0033] of SUZUKD)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 SUZUKD) being
`
`positioned on a side opposite to a side of the edge-portion end surface (edge surface of 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 English translation of SOHMA)is integrated
`
`with the insulator (clampingofthe electric insulating film 17; paragraph [0033] of SUZUKI), or
`
`is fixed to the insulator (the clamping of the electric insulating film; paragraph [0033] of
`
`SOHMA). Advantageously, this configuration enhances durability and suppresses vibrations of
`
`the outer case transferring to the wound electrode bodyby the tab portions evenif the outer case
`
`vibrates due to external factors (paragraph [0037]). Thus, priorto the effective filing date of the
`
`claimed invention, one of ordinary skill in the art, in seeking to suppress vibrations transferring
`
`to the tabs and enhance durability, would have foundit obviousto utilize an insulator disposed
`
`betweenan innersurface portion of the rectangular outer casing and the clamping portion,
`
`wherein the clamping portion is fixedto the insulator as suggested by SUZUKIin the rectan gular
`
`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 (WO2017047278) and GISOLDI (US9559444 — previously
`
`cited in the Advisory Actionfiled on September 7, 2023), and further in view of HOLL
`
`(US9373865).
`
`

`

`Application/Control Number: 16/969,451
`Art Unit: 1728
`
`Page 12
`
`Regarding claim 5, modified KAWATEteaches the rectangular secondary battery
`
`according to claim 1, wherein the joint portion is includedin the overlapping portion (joint
`
`portions 28a & 29aona distal end side where projecting portions are joined to each other;
`
`paragraph [0028]). Modified KAWATEis deficient in explicitly disclosing that each collector
`
`tab includes a flat portion that extends along an uppersurface ofthe plate-like portion on a side
`
`of the coverplate in the height direction, wherein, when seen from the heightdirection, an
`
`overlapping portion whereall of the flat portion sin all of the collector tabs included in the tab
`
`bundle overlap each other exists, wherein a length of the overlapping portion in a protruding
`
`direction of the collector tabs is greater than or equal to 3 mm.
`
`HOLLdiscloses 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 arranged in an overlapping mannerin a kind ofstack -
`
`like arrangement (Col. 4, lines 64-67). Advantageously, the collector lugs only havea 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 with only a minimum offsetin relation to one
`
`another, would have foundit obvious, to includeflat collector tabs in a bundle that overlap each
`
`other as suggested by HOLLin the rectangular secondary battery as taught by KAWATE.
`
`HOLLalso 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 perpendicularto the flat sides, preferably overat least 75%, over at
`
`least 90%, and overat least 95% suchthat the collector lugs have only a minimum offset in
`
`relation to one another within the stack-like arrangement (Col. 5, lines 5-13). Itis the examiner’s
`
`

`

`Application/Control Number: 16/969,451
`Art Unit: 1728
`
`Page 13
`
`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 selected to control the desired size, shape, and form factor
`
`of the rectangular secondary battery. As such, without showing unexpectedresults, 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 battery as taught by KAWATE.See MPEP 2144.04 IV A: In Gardner v. TEC
`
`Syst., 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 priorart
`
`and the claims wasa recitation of relative dimensions of the claimed device and a device having
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`the claimed relative dimensions would not perform differently than the priorart device, the
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`claimed device was not patentably distinct from the prior art device.
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`Conclusion
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`THIS ACTION IS MADEFINAL. Applicant is reminded of the extension of time
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`policy as set forth in 37 CFR 1.136(a).
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`A shortened statutory period for reply to this final action is set to expire THREE
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`MONTHSfrom the mailing date of this action. In the eventa first reply is filed within TWO
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`MONTHSofthe mailing date of this final action and the advisory action is not mailed until after
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`the end of the THREE-MONTHshortenedstatutory period, then the shortened statutory period
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`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
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`CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event,
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`

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`Application/Control Number: 16/969,451
`Art Unit: 1728
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`Page 14
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`however,will the statutory period for reply expire later than SLX MONTHSfrom the mailing
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`date of this final action.
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`Any inquiry concerning this communication or earlier communications from the
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`examiner should be directed to TAYLOR H KRONEwhosetelephone numberis (57 1)270-5064.
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`The examiner can normally be reached Mondaythrough Friday from 8:30 AM - 5:30 PM EST.
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`Examinerinterviews are available via telephone, in-person, and video conferencing using
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`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
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`encouragedto use the USPTO AutomatedInterview Request (AIR) at
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`http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
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`supervisor, MATTHEW T MARTINcan be reached on 571-270-7871. The fax phone number
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`for the organization wherethis application or proceedingis assigned is 57 | -273-8300.
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`Information regarding the status of published or unpublished applications may be
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`obtained from Patent Center. Unpublished application information in Patent Centeris available
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`to registered users. To file and manage patent submissionsin Patent Center,visit:
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`https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more
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`information aboutPatent Center and https://www.uspto.gov/patents/docx for information about
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`filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC)
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`at 866-217-9197 (toll-free). If you would like assistance from a USPTO CustomerService
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`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
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`/TAYLOR HARRISON KRONE/
`Examiner, Art Unit 1728
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`

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`Application/Control Number: 16/969,451
`Art Unit: 1728
`
`/MATTHEW T MARTIN/
`Supervisory Patent Examiner, Art Unit 1728
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`Page 15
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