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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
`
`16/979,581
`
`09/10/2020
`
`TAKAAKI YOKOYAMA
`
`083710-3154
`
`9270
`
`McDermott Will and Emery LLP
`The McDermott Building
`500 North Capitol Street, N.W.
`Washington, DC 20001
`
`BERMUDEZ, CHARLENE
`
`1721
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/15/2022
`
`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):
`
`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Application No.
`Applicant(s)
`16/979,581
`YOKOYAMA, TAKAAKI
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`CHARLENE BERMUDEZ
`4721
`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 June 2022.
`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.
`
`Disposition of Claims*
`1-15 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C) Claim(s)__ is/are allowed.
`Claim(s) 1-15 is/are rejected.
`1) Claim(s)__is/are objectedto.
`Cj} 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://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 20220624
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`
`first inventorto file provisions of the AJA.
`
`Summary
`
`2.
`
`From the Office Action filed on 11 April 2022, claims 1 and 5 have been amended, and
`
`claims 11-15 have been added as new claims.
`
`3.
`
`4,
`
`Thebasis for the 102 rejection is maintained in this Office Action.
`
`Thetext of those sections of Title 35, U.S. Code not included in this action can be found
`
`in a prior Office action.
`
`Claim Rejections - 35 USC § 102
`
`5.
`
`Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamato (WO
`
`2017/119018 A1). Hereinafter referred to as Yamato, and using patent publication US
`
`2018/0309138 A1 as the English equivalent.
`
`6.
`
`Regarding claim 1, Yamato discloses an alkaline battery (“alkaline dry battery” [0019])
`
`comprising:
`
`a tubular battery case (“bottomed cylindrical battery case” [0019]);
`
`a positive electrodefilled in the battery case (“Positive electrode 2 is packed into battery
`
`case 1” [0028]), and including a stack of n pieces of hollow tubular pellets (“composed of or
`
`including n pieces of hollow cylindrical pellets” [0019], “In the example shownin the drawings,
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 3
`
`positive electrode 2 is composedofor containing a stack including two hollow cylindrical pellets
`
`2a” [0028]);
`
`a negative electrode disposed in hollow portions ofthe pellets (“negative electrode 3
`
`disposed in a hollow portion of positive electrode 2” [0028]);
`
`a separator disposed betweenthe positive electrode and the negative electrode (“separator
`
`4 interposed between positive electrode 2 and negative electrode 3” [0028]); and
`
`an alkaline electrolytic solution (“alkaline electrolytic solution” [0028]),
`
`wherein the battery case includes a body portion having a thickness of 0.15 mm orless
`
`(“thickness of the body portion is preferably 0.08 to 0.20 mm”[0086]),
`
`the positive electrode contains manganese dioxide (“positive electrode includes
`
`manganese dioxideas a positive electrode active material” [0052]) and a conductive agent
`
`(“positive electrode further includes a conductive agent in addition to the positive electrode
`
`active material” [0070]),
`
`nis an integer of 3 or more (“"n"is an integer of 1 or more, preferably an integer of 1 to
`
`8, and more preferably an integer of 1 to 6” [0053]), and
`
`a first proportion is lower than a second proportion (“content of the conductive agent in
`
`the positive electrode is, for example, 3 to 10 parts by mass and preferably 4 to 6 parts by mass
`
`with respect to 100 parts by mass of manganese dioxide” [0072] and where “density de of
`
`manganese dioxidein the center portion in the height direction of the positive electrode is 98%
`
`or less, and may be 96% orless of an average value of densities de of manganese dioxide in the
`
`both end portions” [0054], which correspondsto a greater amount of manganese dioxide, and a
`
`greater amountof the conductive agent, in the end portions as the content of conductive agentis
`
`a specified ratio based on the content of manganese dioxide), where the first proportion is a
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 4
`
`proportion of a mass of the conductive agent in a total mass of the manganese dioxide and the
`
`conductive agentin at least one pellet positioned in a middle portion in a height direction of the
`
`stack (“center portion in the height direction of the positive electrode” [0054]), and the second
`
`proportion is a proportion of a mass of the conductive agent in a total mass of the manganese
`
`dioxide and the conductive agent in at least one pellet positioned in one endportionsin the
`
`height direction of the stack (“the both end portions” [0054], “density of pellets is increased at an
`
`end portion at a side” [0062], “a pellet having a higher density in the upper and lower end
`
`portions and a lowerdensity in a center portion” [0064)]).
`
`7.
`
`Regarding claim 2, Yamato disclosesall of the limitations for the alkaline battery as set
`
`forth in claim 1 above, and wherein the first proportion is lower than the second proportion in
`
`each of the pellets positioned in both end portionsin the height direction of the stack (“98% or
`
`less, and may be 96% orless of an average value of densities de of manganese dioxide in the
`
`both end portions” [0054]).
`
`8.
`
`Regarding claim 3, Yamato disclosesall of the limitations for the alkaline battery as set
`
`forth in claim 1 above, and wherein a difference between the first proportion and the second
`
`proportion is 2.1% by mass or more (“The density de of manganese dioxide may be 75 to 98%
`
`... of the average value of densities de of manganese dioxide” [0054] applied to “the average
`
`density of manganese dioxideis 2.80 to 3.00 g/cm3”[0052] implies a density of 2.10 to 2.94
`
`g/cm3 in the center if each of the both ends have a density of the disclosed average density
`
`range, which then obtains a conductive agent content range of 0.063 g to 0.294 g per unit cm3 of
`
`the center, and 0.084 g to 0.300 g per unit cm3 of the end. The percent difference between these
`
`two ranges can then range between 2.0% to 33.3%, which overlaps the claimed 2.1% by mass or
`
`more).
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 5
`
`9.
`
`Regarding claim 4, Yamato disclosesall of the limitations for the alkaline battery as set
`
`forth in claim 1 above, and wherein the first proportion is 5.9% by mass or less (The obtained
`
`2.0% to 33.3% range of difference betweenthe first and second proportions also overlaps the
`
`claimed 5.9% by mass orless).
`
`10.
`
`Regarding claim 5, Yamato discloses an alkaline battery (“alkaline dry battery” [0019])
`
`comprising:
`
`a tubular battery case (“bottomed cylindrical battery case” [0019]);
`
`a positive electrodefilled in the battery case (“Positive electrode 2 is packed into battery
`
`case 1” [0028]), and including a stack of n pieces of hollow tubular pellets (“composedof or
`
`including n pieces of hollow cylindrical pellets” [0019], “In the example shownin the drawings,
`
`positive electrode 2 is composedofor containing a stack including two hollow cylindrical pellets
`
`2a” [0028]);
`
`a negative electrode disposed in hollow portions ofthe pellets (“negative electrode 3
`
`disposed in a hollow portion of positive electrode 2” [0028]);
`
`a separator disposed betweenthe positive electrode and the negative electrode (“separator
`
`4 interposed between positive electrode 2 and negative electrode 3” [0028]); and
`
`an alkaline electrolytic solution (“alkaline electrolytic solution” [0028]),
`
`wherein the battery case includes a portion having a thickness of 0.15 mm orless
`
`(“thickness of the body portion is preferably 0.08 to 0.20 mm”[0086]),
`
`the positive electrode contains manganese dioxide (“positive electrode includes
`
`manganese dioxideas a positive electrode active material” [0052]) and a conductive agent
`
`(“positive electrode further includes a conductive agent in addition to the positive electrode
`
`active material” [0070]),
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 6
`
`nis an integer of 3 or more (“"n"is an integer of 1 or more, preferably an integer of 1 to
`
`8, and morepreferably an integer of 1 to 6” [0053]), and
`
`a first resistance is higher than a secondresistance (“the binderis usedat a rate of 0.2%
`
`by mass with respect to the manganese dioxide powder” [0038] in context with “density de of
`
`manganese dioxidein the center portion in the height direction of the positive electrode is 98%
`
`or less, and may be 96% orless of an average value of densities de of manganese dioxide in the
`
`both end portions” [0054] obtains a proportion of the binder in the end portionsthat is larger than
`
`the proportion of the binder in the middle portion), where the first resistance is resistance of at
`
`least one pellet positioned in a middle portion in a height direction of the stack (“center portion”
`
`[0054]), and the secondresistanceis a resistance of at least one pellet positioned in end portions
`
`in the height direction of the stack (“end portions” [0054], “density of pellets is increased at an
`
`end portion at a side” [0062], “a pellet having a higher density in the upper and lower end
`
`portions and a lowerdensity in a center portion” [0064]).
`
`11.
`
`Regarding claim 6, Yamato disclosesall of the limitations for the alkaline battery as set
`
`forth in claim 5 above, and wherein the first resistance is higher than the second resistance of
`
`each ofthe pellets positioned in both end portions in the height direction of the stack (“the binder
`
`is used at a rate of 0.2% by mass with respect to the manganese dioxide powder” [0038] in
`
`context with “density dc of manganese dioxide in the center portion in the height direction of the
`
`positive electrode is 98% or less, and may be 96% orless of an average value of densities de of
`
`manganese dioxide in the both end portions” [0054]).
`
`12.
`
`Regarding claim 7, Yamato disclosesall of the limitations for the alkaline battery as set
`
`forth in claim 1 above, and wherein the bodyportion hasa thickness of 0.08 mm or more
`
`(“thickness of the body portion is preferably 0.08 to 0.20 mm” [0086]).
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 7
`
`13.
`
`Regarding claim 8, Yamato disclosesall of the limitations for the alkaline battery as set
`
`forth in claim 1 above, and wherein a density of the manganese dioxidein each ofthe pellets is
`
`2.76 g/cm3 or more and 3.14 g/cm3 orless (“in n pellets included in the positive electrode, the
`
`average density of manganese dioxide is 2.80 to 3.00 g/cm3”[0052])
`
`14.
`
`Regarding claim 9, Yamato discloses all of the limitations for the alkaline battery as set
`
`forth in claim 1 above, and wherein a difference between the density of the manganese dioxide
`
`of at least one pellet positioned in the middle portion in the height direction of the stack and the
`
`density of the manganesedioxide of at least one pellet positioned in the end portions in the
`
`height direction of the stack 1s 0.2 g/cm3 or less (“The density dc of manganese dioxide may be
`
`75 to 98% ... of the average value of densities de of manganese dioxide” [0054] applied to “the
`
`average density of manganese dioxideis 2.80 to 3.00 g/cm3”[0052] implies a density of 2.10 to
`
`2.94 g/cm3 in the center if each of the both ends have a density of the disclosed average density
`
`range. This results in a density difference ranging from 0.06 g/cm3 to 0.70 g/cm3, and overlaps
`
`with the claimed 0.2 g/cm3 orless range).
`
`15.
`
`Regarding claim 10, Yamato discloses all of the limitations for the alkaline battery as set
`
`forth in claim 1 above, and wherein n is an integer of 3 or more and8 orless (“preferably an
`
`integer of 1 to 8” [0053]).
`
`16.
`
`Regarding claim 11, Yamato discloses all the limitations for the alkaline battery as set
`
`forth in claim 5 above, and wherein the bodyportion hasa thickness of 0.08 mm or more
`
`(“thickness of the body portion is preferably 0.08 to 0.20 mm” [0086]).
`
`17.
`
`Regarding claim 12, Yamato discloses all the limitations for the alkaline battery as set
`
`forth in claim 5 above, and wherein a density of the manganese dioxidein each ofthe pellets is
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 8
`
`2.76 g/cm? or more and 3.14 g/cm? orless (“in n pellets included in the positive electrode, the
`
`average density of manganese dioxideis 2.80 to 3.00 g/em*” [0052]).
`
`18.
`
`Regarding claim 13, Yamato discloses all the limitations for the alkaline battery as set
`
`forth in claim 5 above, and wherein a difference between the density of the manganese dioxide
`
`of at least one pellet positioned in the middle portion in the height direction of the stack and the
`
`density of the manganesedioxide ofat least one pellet positioned in the end portionsin the
`
`height direction of the stack is 0.2 g/cm? or less (Tables 1C-1D where examples Al through A3
`
`disclose MnO>density differences between 0.073-0.127 g/cm’).
`
`19.
`
`Regarding claim 14, Yamato discloses all the limitations for the alkaline battery as set
`cece
`
`forth in claim 5 above, and wherein n is an integer of 3 or more and8 or less (““
`
`n” is an integer
`
`of 1 or more , preferably an integer of 1 to 8” [0053]).
`
`20.
`
`Regarding claim 15, Yamato discloses all the limitations for the alkaline battery as set
`
`forth in claim 1 above, and wherein:
`
`whennis an odd number(Fig. 5, [0048]), the at least one pellet positioned in a middle
`
`portion in a height direction of the stack is a pellet through which a center plane in the height
`
`direction of the stack passes (“c” Fig. 5 passes through the middle pellet 22a), and
`
`whennis an even number(Fig. 6, [0050]), the at least one pellet positioned in a middle
`
`portion in a height direction of the stack is at least one of two pellets sandwiching the center
`
`plane (“c” Fig. 6 passes through the two middle pellets contained between P3 through P8).
`
`21.
`
`Applicant's arguments filed 08 June 2022 have been fully considered but they are not
`
`Response to Arguments
`
`persuasive.
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 9
`
`22.
`
`Applicant appears to argue that Yamato doesnotdisclosethe last limitation of claims 1
`
`and 5 because [0054] cited of Yamato doesnotrefer to one pellet positioned in a middle portion
`
`in a height direction of the stack, and does notrefer to one pellet positioned in end portions of the
`
`stack in the height direction.
`
`23.
`
`However, the examinerrespectfully disagrees because Fig. 5 shows an alkaline battery
`
`comprising of 3 pellets and indicates a “distribution state of the densities of manganese dioxide
`
`in pellets ... by lightness and darkness in color’ ([0044]). Fig. 5 also shows that the middle pellet
`
`22a has onefull block b5 of light color, or low density, and each of the end pellets has one half
`
`of a block b3 or b7 of light color or low density instead of the full block. Therefore, the density
`
`of the one pellet as the middle pellet of the stack is of a lower density than the end pellets of the
`
`stack.
`
`Conclusion
`
`24.
`
`THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time
`
`policy as set forth in 37 CFR 1.136(a).
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`MONTHSfrom the mailing date of this action. In the eventa first reply is filed within TWO
`
`MONTHSof the mailing date of this final action and the advisory action is not mailed until after
`
`the end of the THREE-MONTHshortened statutory period, then the shortened statutory period
`
`will expire on the date the advisory action is mailed, and any extension fee pursuant to 37
`
`CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event,
`
`however,will the statutory period for reply expire later than SIX MONTHSfrom the mailing
`
`date of this final action.
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 10
`
`25.
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to CHARLENE BERMUDEZwhosetelephone numberis
`
`(571)272-0610. The examiner can normally be reached M-F generally 8 AM to 5 PM.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing using
`
`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
`
`encouraged to use the USPTO Automated Interview Request (AIR) at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
`
`supervisor, Allison Bourke can be reached on (303) 297-4684. The fax phone numberfor the
`
`organization wherethis application or proceedingis assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications may be
`
`obtained from Patent Center. Unpublished application information in Patent Center is available
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`to registered users. To file and manage patent submissions in Patent Center, visit:
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`
`/CHARLENE BERMUDEZ/
`Examiner, Art Unit 1721
`
`/DUSTIN Q DAM/
`Primary Examiner, Art Unit 1721
`
`