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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
`
`06/07/2023
`
`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):
`
`mweipdocket@mwe.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`
`
`Disposition of Claims*
`1-15 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-15 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 20230526
`
`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 15 September 2022.
`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: 16/979,581
`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.
`
`Continued Examination Under 37 CFR 1.114
`
`2.
`
`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 application is
`
`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 pursuantto
`
`37 CFR 1.114. Applicant's submission filed on 15 September 2022 has been entered.
`
`Claim Rejections - 35 USC § 102
`
`3.
`
`In the event the determination of the status of the application as subject to AIA 35 U.S.C.
`
`102 and 103 is incorrect, any correction of the statutory basis (i.e., changing from AIAto pre-
`
`AJA)for the rejection will not be considered a new ground ofrejection if the prior art relied
`
`upon, andthe rationale supporting the rejection, would be the same undereitherstatus.
`
`4.
`
`The following is a quotation of the appropriate paragraphsof 35 U.S.C. 102 that form the
`
`basis for the rejections under this section madein this Office action:
`
`A personshall be entitled to a patent unless —
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 3
`
`(a)(1) the claimed invention waspatented, described in a printed publication, or in public use, on sale,
`or otherwise available to the public before the effective filing date of the claimed invention.
`
`(a)(2) the claimed invention wasdescribed in a patent issued under section 151, or in an application for
`patent published or deemed published under section 122(b), in which the patent or application, as the
`case may be, names another inventor and waseffectively filed before the effective filing date of the
`claimed invention.
`
`5.
`
`Claims 1-15 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Yoshii (WO
`
`2017/110023 A).
`
`The applied reference has a commonassignee with the instant application. Based upon
`
`the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C.
`
`102(a)(2). This rejection under 35 U.S.C. 102(a)(2) might be overcomeby: (1) a showing under
`
`37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or
`
`indirectly from the inventor or a joint inventor of this application andis thus notpriorart in
`
`accordance with 35 U.S.C. 102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public
`
`disclosure under 35 U.S.C. 102(b)(2)(B) if the same invention is not being claimed; or (3) a
`
`statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing
`
`date of the claimed invention, the subject matter disclosed in the reference and the claimed
`
`invention were either owned by the same person or subject to an obligation of assignmentto the
`
`sameperson or subject to a joint research agreement.
`
`6.
`
`Regarding claim 1, Yoshii discloses an alkaline battery (“alkaline dry battery” [0012])
`
`comprising:
`
`a tubular battery case (“battery case” [0012]);
`
`a positive electrode filled in the battery case (“positive electrodefilled in the battery
`
`case” [0012], “hollow cylindrical positive electrode 2” [0022], 2 Fig. 1), and including a stack of
`
`n pieces of hollow tubular pellets (“stack of n hollow cylindrical pellets” [0012], “three pellets 2a
`
`and 2b” [0025], 2a and 2b Fig. 1);
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 4
`
`a negative electrode disposed in hollow portionsof the pellets (“a negative electrode 3
`
`arrangedin the hollow part of the positive electrode 2” [0022]);
`
`a separator disposed between the positive electrode and the negative electrode (“separator
`
`4 has acylindrical shape with a bottom and is arranged on the inner surface of the hollow portion
`
`of the positive electrode 2 to separate the positive electrode 2 and the negative electrode 3”
`
`[0023]); and
`
`an alkaline electrolytic solution (“an alkaline electrolyte” [0022]),
`
`wherein the battery case includes a body portion having a thickness of 0.15 mm orless
`
`(“the thickness of the body of the battery case is controlled to 0.08 to 0.16 mm” [0058]),
`
`the positive electrode contains manganese dioxide and a conductive agent (“positive
`
`electrode 2 contains manganese dioxide and a conductive agent” [0023]),
`
`n is an integer of 3 or more (“positive electrode 2 is composed ofa stack of a total of
`
`three pellets (n=3)” [0025]), and
`
`a first proportion is lower than a second proportion (“In FIG.2, the density distribution of
`
`manganese dioxidein the stack is schematically shown by color shading. The pellet 2a located in
`
`the center in the height direction of the stack is lighter in color (that is, the density of manganese
`
`dioxide is lower) than the two pellets 2b located at both ends.” [0027] and “The contentof the
`
`conductive agent in the positive electrode is, for example, 3 to 10 parts by mass, preferably 4 to 6
`
`parts by mass, with respect to 100 parts by mass of manganese dioxide.” [0044] where “with
`
`respect to 100 parts by mass of manganese dioxide” correspondsto a directly proportional
`
`amount of the conductive agentin each pellet. In other words, when the density of manganese
`
`dioxide is lowerin the central pellet(s), the conductive agentin these pellets will be lower as
`
`well.), where the first proportion is a proportion of a mass of the conductive agentin a total mass
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 5
`
`of the manganese dioxide and the conductive agentin at least one whole pellet positioned in a
`
`middle portion in a height direction of the stack (“pellet 2a located in the center in the height
`
`direction of the stack is lighter in color(that is, the density of manganese dioxide is lower)”
`
`[0027] with correspondingly lower amounts of the conductive agent), 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 agentin at least one whole pellet positioned in one end of end portions in the
`
`height direction of the stack (“the two pellets 2b located at both ends.” [0027] that has relatively
`
`higher amounts of manganese dioxide and conductive agent due to the content utilized with
`
`respect to manganesedioxide described in [0044]).
`
`7.
`
`Regarding claim 2, Yoshii discloses the alkaline battery of the limitations 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 (Fig. 2 indicates a
`
`higher amount of manganese dioxide and proportionate amount of conductive agent in the end
`
`pellets 2b by a darker shading).
`
`8.
`
`Regarding claim 3, Yoshii discloses the alkaline battery of the limitations 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 (Table 1 — Examples Al to A5 resulted in percent differences ofat least
`
`2.6%).
`
`9.
`
`Regarding claim 4, Yoshii discloses the alkaline battery of the limitations as set forth in
`
`claim 1 above, and wherein the first proportion is 5.9% by mass orless (“The content of the
`
`conductive agent in the positive electrode is, for example, 3 to 10 parts by mass, preferably 4 to 6
`
`parts by mass, with respect to 100 parts by mass of manganese dioxide.” [0044]).
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 6
`
`10.
`
`Regarding claim 5, Yoshii discloses an alkaline battery (“alkaline dry battery” [0012])
`
`comprising:
`
`a tubular battery case (“battery case” [0012]);
`
`a positive electrode filled in the battery case (“positive electrodefilled in the battery
`
`case” [0012], “hollow cylindrical positive electrode 2” [0022], 2 Fig. 1), and including a stack of
`
`n pieces of hollow tubularpellets (“stack of n hollow cylindrical pellets” [0012], “three pellets 2a
`
`and 2b” [0025], 2a and 2b Fig. 1);
`
`a negative electrode disposed in hollow portions ofthe pellets (“a negative electrode 3
`
`arranged in the hollow part of the positive electrode 2” [0022]);
`
`a separator disposed between the positive electrode and the negative electrode (“separator
`
`4 has acylindrical shape with a bottom and is arranged on the inner surface of the hollow portion
`
`of the positive electrode 2 to separate the positive electrode 2 and the negative electrode 3”
`
`[0023]); and
`
`an alkaline electrolytic solution (“an alkaline electrolyte” [0022]),
`
`wherein the battery case includes a body portion having a thickness of 0.15 mm orless
`
`(“the thickness of the body of the battery case is controlled to 0.08 to 0.16 mm” [0058]),
`
`the positive electrode contains manganese dioxide and a conductive agent (“positive
`
`electrode 2 contains manganese dioxide and a conductive agent” [0023]),
`
`n is an integer of 3 or more (“positive electrode 2 is composedofa stack ofa total of
`
`three pellets (n=3)” [0025]), and
`
`a first resistance is higher than a secondresistance (“In FIG.2, the density distribution of
`
`manganese dioxidein the stack is schematically shown bycolor shading. The pellet 2a located in
`
`the center in the height direction of the stack is lighter in color (that is, the density of manganese
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 7
`
`dioxide is lower) than the two pellets 2b located at both ends.” [0027] and “The contentof the
`
`conductive agent in the positive electrode is, for example, 3 to 10 parts by mass, preferably 4 to 6
`
`parts by mass, with respect to 100 parts by mass of manganese dioxide.” [0044] where “with
`
`respect to 100 parts by mass of manganese dioxide” correspondsto a directly proportional
`
`amount of the conductive agentin each pellet. In other words, when the density of manganese
`
`dioxide is lowerin the central pellet(s), the conductive agentin these pellets will be lower as
`
`well. It is knownin the art for a higher resistance to electrical conductivity to occur when a lower
`
`amountof conductive agent is used.), where the first resistance is a resistance of at least one
`
`whole pellet positioned in a middle portion in a height direction of the stack (“pellet 2a located in
`
`the center in the height direction of the stack is lighter in color (that is, the density of manganese
`
`dioxide is lower)” [0027] with correspondingly lower amounts of the conductive agent), and the
`
`second resistance is a resistance of at least one whole pellet positioned in one end of end portions
`
`in the height direction of the stack (“the two pellets 2b located at both ends.” [0027] that has
`
`relatively higher amounts of manganese dioxide and conductive agent due to the content utilized
`
`with respect to manganese dioxide described in [0044)).
`
`11.
`
`Regarding claim 6, Yoshii discloses the alkaline battery of limitations as set forth in
`
`claim 5 above, and wherein thefirst resistance is higher than the second resistance of each of the
`
`pellets positioned in both end portion in the height direction of the stack (Fig. 2 indicates a
`
`higher amount of manganese dioxide and proportionate amount of conductive agent in the end
`
`pellets 2b by a darker shading).
`
`12.
`
`Regarding claim 7, Yoshii discloses the alkaline battery of limitations as set forth in
`
`claim 1 above, and wherein the body portion has a thickness of 0.08 mm or more (“the thickness
`
`of the body of the battery case is controlled to 0.08 to 0.16 mm” [0058}).
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 8
`
`13.
`
`Regarding claim 8, Yoshii discloses the alkaline battery of limitations as set forth in
`
`claim 1 above, and wherein a density of the manganese dioxide in each ofthe pellets is 2.76
`
`g/cm? or more and 3.14 g/cm? orless (Table 1 showsaverage densities of manganese dioxide in
`
`the battery to be 2.8 g/cm? or morein the secondto the last column ontherighthand side of the
`
`translation of the table below).
`
`? MG? density qopwwhen making pellets |!
`Potatgs fone
`PARE SK
`
`.
`:
`3
`(ist &ledatages
`
`age}
`
`
`Cast
`
`
`NinOe density in battery (géem}
`Crack ko
`
`
`patetad
`RE
`ipessWiestaes
`:
`‘
`‘
`:
`
`
`(fat & Grd rowy
`Semnr mei
`|
`
`
`
`Richness
`Case body
`
`
`
`Testes
`vee
`
`
`
`
`14.
`
`Regarding claim 9, Yoshii discloses the alkaline battery of the limitations as set forth in
`
`claim 1 above, and wherein a difference between the density of the manganese dioxideofat least
`
`one whole pellet positioned in the middle portion in the height direction of the stack and the
`
`density of the manganese dioxide ofat least one whole pellet positioned in the end portions in
`
`the height direction of the stack is 0.2 g/cm? orless (Table 1 — the right half of the table for
`
`examples A3 through A5 indicate a difference ofat least 0.2 g/cm’).
`
`15.
`
`Regarding claim 10, Yoshii discloses the alkaline battery of the limitations as set forth in
`
`claim 1 above, and wherein n is an integer of 3 or more and 8 orless (“a stack of a total of three
`
`pellets (n=3)” [0025]).
`
`16.
`
`Regarding claim 11, Yoshii discloses the alkaline battery of the limitations as set forth in
`
`claim 5 above, and wherein the body portion has a thickness of 0.08 mm or more(“the thickness
`
`of the body of the battery case is controlled to 0.08 to 0.16 mm” [0058]).
`
`17.
`
`Regarding claim 12, Yoshii discloses the alkaline battery of limitations as set forth in
`
`claim 5 above, and wherein a density of the manganese dioxide in each of the pellets is 2.76
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 9
`
`g/cm3 or more and 3.14 g/cm3 orless (Table 1 shows average densities of manganese dioxide in
`
`the battery to be 2.8 g/cm3 or morein the second to the last column on the righthandside of the
`
`translation of the table above).
`
`18.
`
`Regarding claim 13, Yoshii discloses the alkaline battery of the limitations as set forth in
`
`claim 1 above, and wherein a difference between the density of the manganese dioxide of at least
`
`one whole pellet positioned in the middle portion in the height direction of the stack and the
`
`density of the manganese dioxide ofat least one whole pellet positioned in the end portions in
`
`the height direction of the stack is 0.2 g/cm3 orless (Table 1 — the right half of the table for
`
`examples A3 through A5 indicate a difference of at least 0.2 g/cm3).
`
`19.
`
`Regarding claim 14, Yoshii discloses the alkaline battery of limitations as set forth in
`
`claim 5 above, and wherein n is an integer of 3 or more and8 orless (“a stack of a total of three
`
`pellets (n=3)’ [0025]).
`
`20.
`
`Regarding claim 15, Yoshii discloses the alkaline battery of limitations as set forth in
`
`claim 1 above, and wherein:
`
`whennis an odd number,the at least one whole 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 (Fig. 2, “The pellet 2alocated in the center in the height direction of the stack is
`
`lighter in color (that is, the density of manganese dioxide is lower) than the two pellets 2b
`
`located at both ends.” [0027]), and
`
`whennis an even number,the at least one whole pellet positioned in a middle portion in
`
`a height direction of the stack is at least one of two pellets sandwiching the center plane (Figs. 3
`
`and 4, [0030)).
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 10
`
`Response to Arguments
`
`21.
`
`Applicant’s arguments with respect to claims 1 and 5 have been considered but are moot
`
`because the new groundofrejection does not rely on any reference applied in the prior rejection
`
`of record for any teaching or matter specifically challenged in the argument.
`
`Conclusion
`
`22.
`
`Any inquiry 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 Mon, Thu, and Fri generally from 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
`
`

`

`Application/Control Number: 16/979,581
`Art Unit: 1721
`
`Page 11
`
`to registered users. To file and manage patent submissions in 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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`
`/CHARLENE BERMUDEZ/
`Examiner, Art Unit 1721
`
`/DUSTIN Q DAM/
`Primary Examiner, Art Unit 1721
`
`