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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
`
`16/973,622
`
`12/09/2020
`
`Kazuhiro Yoshii
`
`P201113US00
`
`1087
`
`WHDA, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`LEONARD, MICHELLE TURNER
`
`1724
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/03/2023
`
`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*
`1-8 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-8 is/are rejected.
`1) Claim(s)__is/are objectedto.
`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)[VM. 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 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 20230927
`
`Application No.
`Applicant(s)
`16/973 ,622
`Yoshii, Kazuhiro
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`MICHELLE T LEONARD
`1724
`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 09/14/2023.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`

`

`Application/Control Number: 16/973,622
`Art Unit: 1724
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`The present application, filed on or after March 16, 2013, is being examined under the first
`
`inventor to file provisions of the AIA.
`
`Response to Amendment
`
`This final office action is in response the Applicant’s remarks and amendmentsfiled on
`
`September 14, 2023. Claims 1, 6, and 8 are amended. Claims 2-5, and 7 are as previously presented.
`
`Claims 1-8 are pending and are currently examined.
`
`Status of Objections and Rejections
`
`The rejections as set forth within the previous office action have been modified as necessitated
`
`by the Applicant’s amendments.
`
`Claim Rejections - 35 USC § 103
`
`The text of those sections of Title 35, U.S. Code not included in this action can be found in a
`
`prior Office action.
`
`Claims 1-4 and 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Kurokietal.
`
`[JP2009181756, dated August 13, 2009], hereinafter Kuroki, in view of Watanabeet al. [US
`
`2013/0244116-A1, dated September 19, 2013], hereinafter Watanabe, and in further view of
`
`Fukumotoetal. [US 2009/0325074-A1, dated December 31, 2009], hereinafter Fukumoto, with
`
`evidence by Nagaokaetal. [US 2017/0139336-A1, dated May 18, 2017], hereinafter Nagaoka, and
`
`with further evidenceby Cottrell, Introduction to Metallurgy (2nd Edition, 1975).
`
`Regarding Claim 1, Kuroki discloses a non-aqueous electrolyte [Kuroki 0016] secondary battery
`
`[Kuroki 0001] comprising: a positive electrode [Kuroki 0009]; a negative electrode [Kuroki 0009] ; a heat-
`
`

`

`Application/Control Number: 16/973,622
`Art Unit: 1724
`
`Page 3
`
`resistant layer formed on at least any one of the positive electrode and the negative electrode [Kuroki
`
`0009]; and a non-aqueous electrolyte [Kuroki 0016]; wherein the heat-resistant layer includes heat-
`
`resistant particles having at least a surface including a metal compound [Kuroki 0017], the heat-resistant
`
`layer has an average thickness in the range of 0.5 um to 5 um [Kuroki 0065 (example 1), 4 um; 0075
`
`(example 2), 3 um; 0078-0082 {examples 5-9), 4 um]; the heat-resistant layer has a porosity of 25% to
`
`55% [Kuroki 0032, 0065 (example 1), 54%; 0078-0080 (examples 5-7), 39%, 43%, 50%], and a plurality of
`
`exposed portions in which an electrode located under the heat-resistant layer is partially exposed are
`
`present on a surface of the heat-resistant layer [Kuroki 0027]. Kuroki discloses the exposed portion
`
`defects should be avoided to improvethe safety of the battery cell [Kuroki 0027-0028] and does not
`
`characterize a permissible level of this defect and is, therefore, silent to a maximum length for each of
`
`the exposed portions is 3 um or more and 30 um or less.
`
`Fukumoto discloses the presence of exposed portions in a heat-resistant layer [Fukumoto 0005,
`
`Table 1]. In Table 1, Fukumoto discloses a summary on whether the exposed portions are present in the
`
`column marked Coating Property *8. Examples marked P in Table 1 had a streak (exposed portion as
`
`defined in Fukumoto 0005) present that was 1.0 mm or longer. Examples marked N did not have a
`
`streak 1.0 mm or larger. Fukumoto discloses the presence of these defects should be reducedfor lithium
`
`ion secondary battery packs having high heat resistance stability [Fukumoto 0007]. Given that Kuroki
`
`and Fukumoto both disclose the presence of the exposed regions [Kuroki 0027-0028, Fukumoto 0005],
`
`and the need to minimize such defects [Kuroki 0028, Fukumoto 0007], one of ordinary skill in the art
`
`would expect there to be an overlap in the maximum length of exposed portions in the heat-resistant
`
`layer in Kuroki and/or Fukumoto’s prior arts and the instant application, or if the range of exposed
`
`portions in Kuroki and/or Fukumoto’s prior arts do not overlap the claimed range, one of ordinary skill in
`
`the art would expect the ranges to be close. In the case where the claimed ranges "overlap or lie inside
`
`ranges disclosed by the prior art" a prima facie case of obviousness exists. Similarly, a prima facie case of
`
`

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`Application/Control Number: 16/973,622
`Art Unit: 1724
`
`Page 4
`
`obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are
`
`merely close. MPEP 2144.05 It would have been obvious to one of ordinaryskill in the art to combine
`
`Kuroki and Fukumoto’s teachings for reducing or limiting the presence of the exposed portion defects in
`
`Kuroki’s heat-resistant layer in the non-aqueous electrolyte secondary battery since both are working on
`
`safe batteries for high temperature environments [Kuroki 0001, Fukumoto 0002].
`
`Kuroki does not disclose the metal ions in the metal compound havean electronegativity of 13.5
`
`or more. Nagaoka provides an equation for calculating a metal ion’s electronegativity. The
`
`electronegativity X of each metal oxide as a metal ion is determined by the following Expression (1):
`
`X=(1+2Z)*Xo
`
`(where Z represents the number of charges and Xo is Pauling’s electronegativity) [Nagaoka
`
`0058].
`
`Kuroki Example 9 discloses titanium dioxide, TiO2, [Kuroki 0082] for the heat-resistant particle
`
`metal compound. Referencing Cottrell’s Introduction to Metallurgy, the electronegativity of titanium is
`
`1.6. The number of charges of titanium in titanium oxide, TiOz, is 4. The calculated electronegativity (X)
`
`of titanium ions is (1 + 2*4)*1.6 = 14.4, which is greater than 13.5. Though Kuroki does not recite the
`
`electronegativity of the titanium oxide’s titanium ions is greater than 13.5, an inherent feature need not
`
`be recognized at the relevant time per MPEP 2112.
`
`Kuroki is silent to the heat-resistant layer has an average surface roughness (Ra) of 0.35 um or
`
`less. Watanabe discloses example 10 [Watanabe 0163] with an average surface roughness(Ra) of 0.3
`
`um [Watanabe 0029, 0230-0233, Table 2]; for the heat-resistant layer deposited on the active material
`
`[abstract]. (In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art"
`
`a prima facie case of obviousness exists. MPEP 2144.05 |) It would have been obvious to one of ordinary
`
`skill in the art, before the effective filing date of the present invention, to use Kuroki’s non-aqueous
`
`electrolyte secondary battery with a heat-resistant layer combined with Watanabe’s disclosure of
`
`

`

`Application/Control Number: 16/973,622
`Art Unit: 1724
`
`Page 5
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`average surface roughnessfor the of 0.3 um for the heat-resistant layer with a reasonable expectation
`
`of success because Watanabeteachesthat the low surface roughness is important for peeling strength
`
`[Watanabe 0233] and to prevent a reduction in the load characteristics of the battery [Watanabe 0029].
`
`Regarding Claim 2, modified Kuroki discloses the non-aqueous electrolyte secondary battery
`
`according to claim 1, wherein the heat-resistant particles have an averageparticle size of 0.05 um to 1
`
`uum [Kuroki 0022].(Kuroki discloses a preferred range of 0.25 um to 1 um and provides motivation:
`
`larger particles reduce battery capacity and result in difficulty forming a thin heat-resistant layer and
`
`smaller particles require additional binder and result in layer deterioration risk [Kuroki 0022].) In the
`
`case wherethe claimed ranges “overlap or lie inside ranges disclosed by the prior art" a prima facie case
`
`of obviousness exists. (MPEP 2144.05 I)
`
`Regarding Claim 3, modified Kuroki discloses the non-aqueous electrolyte secondary battery
`
`according to claim 1, wherein the metal compound corresponds to an oxide, a hydroxide, or an
`
`oxyhydroxide including at least any one of Ti, Sn, W, Nb, Mo,and Si [Kuroki, 0082; Watanabe, 0054].
`
`(Kuroki discloses titanium oxide in Example 9 [Kuroki 0082, Table 1, and Table 2]. Watanabediscloses
`
`titanium oxide,silica, and tin oxide [Watanabe 0054].)
`
`Regarding Claim 4, modified Kuroki discloses the non-aqueous electrolyte secondary battery
`
`according to claim 1, wherein the heat-resistant particles each correspond to an oxide, a hydroxide, or
`
`an oxyhydroxide including at least any one ofTi, Sn, W, Nb, Mo, and Si [Kuroki, 0082; Watanabe, 0054].
`
`(Kuroki discloses titanium oxide in Example 9 [Kuroki 0082, Table 1, and Table 2]. Watanabe discloses
`
`titanium oxide,silica, and tin oxide [Watanabe 0054].)
`
`Regarding Claim 6, modified Kuroki discloses the non-aqueous electrolyte secondary battery
`
`according to claim 1, wherein a sum of lengths of the exposed portions is 20% or less based on a length
`
`of an entire surface of the electrode, in any cross section of the electrode [Kuroki 0027]. (Kuroki
`
`discloses the presence of these defects, such as stripes or streaks [Kuroki 0027], but does not
`
`

`

`Application/Control Number: 16/973,622
`Art Unit: 1724
`
`Page 6
`
`characterize a permissible level of the defects. Kuroki suggests they should be avoided to improve the
`
`safety of the battery cell [Kuroki 0027-0028]. Given Kuroki’s teachings about minimizing the exposed
`
`regions, it would have been obvious to one ofordinaryskill in the art that the level of exposed regions
`
`present in Kuroki’s prior art would be near 0% in which case there would be overlap with the instantly
`
`claimed range. If the range of exposed portions in Kuroki prior art does not overlap the claimed range,
`
`one of ordinary skill in the art would expect the ranges to be close. In the case where the claimed ranges
`
`“overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousnessexists. Similarly,
`
`a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the
`
`prior art but are merely close. MPEP 2144.05
`
`Regarding Claim 7, modified Kuroki discloses the non-aqueous electrolyte secondary battery
`
`according to claim 1, wherein the negative electrode comprises a negative electrode current collector
`
`and a negative electrode active material layer formed on the negative electrode current collector
`
`[Kuroki 0015, 0041], wherein the heat-resistant layer is formed on an entire surface of the negative
`
`electrode active material layer [Kuroki 0044]. Should it be considered that the prior art is silent to the
`
`term “entire”, it would have been obvious to one of ordinary skill in the art to form the heat-resistant
`
`layer over the entire surface to convey heat resistance for the entire electrode.
`
`Claims 5 is rejected under 35 U.S.C. 103 as being unpatentable over modified Kuroki, as
`
`applied to Claim 1 above,andin further view of Imanari et al. [US 2011/0151327-A1, dated June 23,
`
`2011], hereinafter Imanari.
`
`Regarding Claim 5, modified Kuroki does not disclose the non-aqueous electrolyte secondary
`
`battery according to claim 1, wherein the heat-resistant particles each have a polyhedron shape,a
`
`needle shape, or a necking shape. Imanari discloses needle shape heat-resistant particles [0084-0086]. It
`
`would have been obvious to one ofordinaryskill in the art, before the effective filing date of the present
`
`

`

`Application/Control Number: 16/973,622
`Art Unit: 1724
`
`Page 7
`
`invention, to use modified Kuroki’s non-aqueous electrolyte secondary battery with a heat-resistant
`
`layer with the needle-shaped heat-resistant particles disclosed by Imanari with a reasonable expectation
`
`of success because Imanari teachesvariety in particle shape, including needle-shaped, is acceptable for
`
`layer performance [0086].
`
`Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Kurokiet al.
`
`[JP2009181756, dated August 13, 2009], hereinafter Kuroki, in view of Watanabeet al. [US
`
`2013/0244116-A1, dated September 19, 2013], hereinafter Watanabe, and in further view of
`
`Fukumotoetal. [US 2009/0325074-A1, dated December 31, 2009], hereinafter Fukumoto, with
`
`evidence by Nagaokaetal. [US 2017/0139336-A1, dated May 18, 2017], hereinafter Nagaoka, and
`
`with further evidenceby Cottrell, Introduction to Metallurgy (2nd Edition, 1975).
`
`Regarding Claim 8, Kuroki discloses an electrode structure comprising: an electrode for use as a
`
`positive electrode or a negative electrode of a non-aqueous electrolyte secondary battery [Kuroki Fig. 1,
`
`0009, 0015]; and a heat-resistant layer formed on the electrode [Kuroki 0016]; wherein the heat-
`
`resistant layer includes heat-resistant particles having at least a surface including a metal compound
`
`[Kuroki 0017], the heat-resistant layer has an average thicknessin the range of 0.5 um to 5 um [Kuroki
`
`0065 (example 1), 4 um; 0075 (example 2), 3 um; 0078-0082 {examples 5-9), 4 um], the heat-resistant
`
`layer has a porosity of 25% to 55% [Kuroki 0032, 0065 (example 1), 54%; 0078-0080 (examples5-7),
`
`39%, 43%, 50%], and a plurality of exposed portions in which an electrode located underthe heat-
`
`resistant layer is partially exposed are present on a surface of the heat-resistant layer [Kuroki 0027-
`
`0028]. Kuroki discloses the defects should be avoided to improve the safety of the battery cell [Kuroki
`
`0027-0028] and does not characterize a permissible level of this defect and is, therefore, silent to a
`
`maximum length for each of the exposed portions is 3 um or more and 30 um or less.
`
`

`

`Application/Control Number: 16/973,622
`Art Unit: 1724
`
`Page 8
`
`Fukumoto discloses the presence of exposed portions in a heat-resistant layer [Fukumoto 0005,
`
`Table 1]. In Table 1, Fukumoto discloses a summary on whether the exposed portions are present in the
`
`column marked Coating Property *8. Examples marked P in Table 1 had a streak (exposed portion as
`
`defined in Fukumoto 0005) present that was 1.0 mm or longer. Examples marked N did not have a
`
`streak 1.0 mm or larger. Fukumoto discloses the presence of these defects should be reduced for lithium
`
`ion secondary battery packs having high heat resistance stability [Fukumoto 0007]. Given that Kuroki
`
`and Fukumoto both disclose the presence of the exposed regions [Kuroki 0027-0028, Fukumoto 0005]
`
`and the need to minimize such defects [Kuroki 0028, Fukumoto 0007], one of ordinary skill in the art
`
`would expect there to be an overlap in the maximum length of exposed portions in the heat-resistant
`
`layer in Kuroki and Fukumoto’s prior arts and the instant application, or if the range of exposed portions
`
`in Kuroki and Fukumoto’s prior arts do not overlap the claimed range, one of ordinaryskill in the art
`
`would expect the ranges to be close. In the case where the claimed ranges “overlap or lie inside ranges
`
`disclosed by the prior art" a prima facie case of obviousness exists. Similarly, a prima facie case of
`
`obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are
`
`merely close. MPEP 2144.05 It would have been obvious to one of ordinaryskill in the art to combine
`
`Kuroki and Fukumoto’s teachings for reducing or limiting the presence of the exposed portion defectsin
`
`Kuroki’s heat-resistant layer in the non-aqueous electrolyte secondary battery since both are working on
`
`safe batteries for high temperature environments [Kuroki 0001, Fukumoto 0002].
`
`Kuroki does not disclose the metal ions in the metal compound havean electronegativity of 13.5
`
`or more. Nagaoka provides an equation for calculating a metal ion’s electronegativity. The
`
`electronegativity X of each metal oxide as a metal ion is determined by the following Expression (1):
`
`X=(1+2Z)*Xo
`
`(where Z represents the number of charges and Xo is Pauling’s electronegativity) [Nagaoka
`
`0058].
`
`

`

`Application/Control Number: 16/973,622
`Art Unit: 1724
`
`Page 9
`
`Kuroki Example 9 discloses titanium dioxide, TiO2, [Kuroki 0082] for the heat-resistant particle
`
`metal compound. Referencing Cottrell’s Introduction to Metallurgy, the electronegativity of titanium is
`
`1.6. The number of charges of titanium in titanium oxide, TiOz, is 4. The calculated electronegativity (X)
`
`of titanium ions is (1 + 2*4)*1.6 = 14.4, which is greater than 13.5. Though Kuroki does not recite the
`
`electronegativity of the titanium oxide’s titanium ions is greater than 13.5, an inherent feature need not
`
`be recognized at the relevant time per MPEP 2112.
`
`Kuroki is silent to the heat-resistant layer has an average surface roughness(Ra) of 0.35 um or
`
`less. Watanabe discloses example 10 [Watanabe 0163] with an average surface roughness(Ra) of 0.3
`
`uum [Watanabe 0029, 0230-0233, Table 2]; for the heat-resistant layer deposited on the active material
`
`[abstract]. (In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art"
`
`a prima facie case of obviousness exists. MPEP 2144.05 |) It would have been obvious to one of ordinary
`
`skill in the art, before the effective filing date of the present invention, to use Kuroki’s non-aqueous
`
`electrolyte secondary battery with a heat-resistant layer combined with Watanabe’s disclosure of
`
`average surface roughnessfor the of 0.3 um for the heat-resistant layer with a reasonable expectation
`
`of success because Watanabeteachesthat the low surface roughnessis important for peeling strength
`
`[Watanabe 0233] and to prevent a reduction in the load characteristics of the battery [Watanabe 0029].
`
`Response to Arguments
`
`Applicant's argumentsfiled September 14, 2023 have been fully considered but they are not
`
`persuasive.
`
`Regarding Applicant’s arguments regarding amended Claim 1, which now includesa plurality of
`
`exposed portions in which an electrode located under the heat-resistant layer is partially exposed are
`
`present on a surface of the heat-resistant layer, and a maximum length for each of the exposed portions
`
`is 3 um or more and 30 um or less, Kuroki discloses the presence of exposed portions and the
`
`

`

`Application/Control Number: 16/973,622
`Art Unit: 1724
`
`Page 10
`
`importanceoflimiting their presence. This is consistent with the instant specification paragraph 0046,
`
`which explains the Applicant’s motivation for suppressing exposed portions, “In such a case, the
`
`maximum length for each of the exposedportions is preferably 30 um or less and the sum of the lengths
`
`of the exposed portionsis preferably 20% or less based on the length of the entire cross section of the
`
`electrode on which the heat-resistant layer 34 is formed. A case where the maximum length of each of
`
`the exposed portions and the proportion of the exposed portions do notsatisfy the ranges may cause
`
`the temperaturerise of the battery upon internal short as compared with a case where the ranges are
`
`satisfied. The exposedportions are easily formed in a case where step (B) described aboveis omitted,
`
`and thusstep (B) is desirably performed in view of suppression of formation of the exposed portions.”
`
`Regarding Applicant’s arguments about the instant application claiming the omission of Step B
`
`facilitates development of the exposed portions, the Examiner disagrees. As claimed in instant
`
`application Example 2 [0060] Step B was omitted and resulted in an exposed portion of 1 um. This is
`
`outside of the claimed range of 3 to 30 um, whichindicates that omission of Step B is not the only
`
`variable facilitating exposed portions formation as argued. Additionally, the instant specification claims
`
`that Step B is “desirably performed in view of suppression of the formation of the exposed portions”,
`
`and thus teaches against the Applicant’s argument. This instant specification’s claim of the necessity of
`
`performing Step B to suppress the formation of the exposed portions is consistent with the disclosure of
`
`Kuroki and inconsistent with the arguments presented.
`
`Kuroki discloses the presence of these exposed portions and the requirementto keep the level
`
`low for battery safety, therefore, there would be overlap or nearly overlap in the ranges disclosed by
`
`Kuroki and the instant specification. For purposes of compact prosecution, an additional reference to
`
`the prior art of Fukumoto was included to show exposed portions and methods to limit their effect on
`
`battery performance are recognized in the art, and, like Karuki’s prior art, the range of maximum length
`
`

`

`Application/Control Number: 16/973,622
`Art Unit: 1724
`
`Page 11
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`for the exposed portions would overlap or nearly overlap in the ranges claimed in the instant
`
`specification.
`
`For these reasons and as described above, the rejection of Claim 1 is maintained with the
`
`additional reference of Fukumoto for purposes of compact prosecution. The rejections of claims 2-7 and
`
`independent claim 8 are also maintained as described above.
`
`The Examiner recognizes that the internal resistance is higher for instant Examples 1-2 and
`
`Comparative Examples 1-2 per Table 1, which all have maximum length of each exposed portions below
`
`the instantly claimed range of 3 to 30 um. No arguments have been presented for the criticality of the
`
`claimed range or unexpected results to explain this difference. If arguments are presented to explain
`
`criticality of the claimed range or unexpected results along with an explanation of the instant
`
`application’s claim of the importance of performing Step B to suppress the formation of exposed
`
`portions as described above, the Examiner would consider those arguments in overcoming the prior art
`
`and moving towards allowance, given that the claims are commensurate in scope with the evidence.
`
`Conclusion
`
`Applicant's amendment necessitated the new ground(s) of rejection presented in this Office
`
`action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the
`
`extension of time 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 MONTHS from
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`the mailing date of this action.
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`In the eventa first reply is filed within TWO MONTHS of the mailing date
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`of this final action and the advisory action is not mailed until after the end of the THREE-MONTH
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`shortened statutory period, then the shortened statutory period will expire on the date the advisory
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`action is mailed, and any extension fee pursuantto 37 CFR 1.136(a) will be calculated from the mailing
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`

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`Application/Control Number: 16/973,622
`Art Unit: 1724
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`Page 12
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`date of the advisory action.
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`In no event, however, will the statutory period for reply expire later than
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`SIX MONTHS from the dateof this final action.
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`Any inquiry concerning this communication or earlier communications from the examiner
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`should be directed to MICHELLE T LEONARD whosetelephone number is (571)270-1681. The examiner
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`can normally be reached Mon-Fri 8:30-5 EST.
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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
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`the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
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`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor,
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`Miriam Stagg can be reached on (571)270-5256. The fax phone number for the organization wherethis
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`application or proceedingis 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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`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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`/MICHELLE T LEONARD/
`Examiner, Art Unit 1724
`/BRIAN R OHARA/
`Examiner, Art Unit 1724
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