www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/311,834
`
`06/08/2021
`
`Takahiro Nogami
`
`P210514US00
`
`4256
`
`WHDA, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`PHILLIP, TART JAMAL
`
`1722
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`05/30/2023
`
`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)
`
`

`

`Office Action Summary
`
`Application No.
`17/311 ,834
`Examiner
`TARIK J PHILLIP
`
`Applicant(s)
`Nogami etal.
`Art Unit
`1722
`
`AIA (FITF) Status
`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 06-08-2021.
`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.
`
`Disposition of Claims*
`1-4 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) 1-4 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) The drawing(s) filed on 06-08-2021 is/are: a)(¥] 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) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)¥) All
`1.4) Certified copies of the priority documents have been received.
`2.2 Certified copies of the priority documents have been received in Application No.
`3.4.) 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)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`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 20230517
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AlA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined
`
`under the first inventor to file provisions of the AIA.
`
`Claim Rejections - 35 USC § 102
`
`2.
`
`In the event the determination of the status of the application as subject to
`
`AIA 35 U.S.C. 102 and 103 (or as subject to pre-AlA 35 U.S.C. 102 and 103) is
`
`incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AlA)
`
`for the rejection will not be considered a new ground ofrejection if the prior art
`
`relied upon, and the rationale supporting the rejection, would be the same under
`
`either status.
`
`3.
`
`The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102
`
`that form the basis for the rejections under this section made in this Office action:
`
`A person shall be entitled to a patent unless —
`
`(a)(2) the claimed invention was described 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 was effectively filed before the effective filing date of
`the claimed invention.
`
`4.
`
`Claim(s) 1-2 and 4 is/are rejected under 35 U.S.C. 102(a)(2) as being
`
`anticipated by Kohira et al.(US 2017/0110699 A1).
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 3
`
`5.
`
`Regarding claim 1, Kohira discloses a sealed battery [abstract] [fig.1A]
`
`comprising an exterior cylinder (tubular) case 15 and sealing member 20 (a metal
`
`[0034]) having an opening 24 [Fig.1A]. Kohira further teaches electrode assembly
`
`14 disposed in the exterior case 15 [abstract] made of metal [0019][Fig.1A]. This
`
`thereby satisfies a sealed battery comprising a battery case including a bottomed
`
`tubular exterior can and a sealing assembly sealing an opening of the exterior can:
`
`and an electrode assembly housed in the battery case wherein the sealing
`
`assembly includes a metal plate.
`
`abeey
` iDecsamoesecreneoons§Teor
`BhTaeaaigkGeb
`
`Fig.1A: Kohira etal.
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 4
`
`Kohira teaches sealing member 20 as a metal (plate) [0034][Fig.1A]. Kohira
`
`discloses sealing member 20 including a thin fragile portion 22 with a smaller
`
`thickness than the other regions [0022]. Kohira discloses fragile portion 22 having
`
`an inclined surface [Fig.1A-22](encircled above) located between twoflat surfaces
`
`(in the x-plane) of sealing member 20. Kohira teachesfragile portion 22 having an
`
`inclined surface wherein the surface expands toward the direction of inside the
`
`battery case in the radial direction [Fig.1A].
`
`Exterior sealing member 20 being a metal (plate) therefore satisfies the
`
`sealing assembly includes a metal plate as claimed. Sealing member 20 of the
`
`exterior case comprising fragile portion 22 having a smaller thickness than other
`
`regions and having an inclined surface therefore satisfies the claimed projection
`
`(of the metal plate) expanding toward the outside of the battery case and
`
`wherein the projection includesan inclined part inclined so as to be gradually
`
`apart from the electrode assembly as going toward an inside from an outside of
`
`the sealing assembly in a radial direction [fig.1A] as claimed.
`
`Kohira further discloses fragile portion 22 having a smaller thickness than
`
`other regions of sealing member 20 forming a hole so that gas generated inside
`
`the battery in the event of abnormalities (such as when the pressureinside the
`
`exterior case exceeds a prescribed value [0024]) can be easily discharged [0022].
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 5
`
`This thereby satisfies wherein the projection (fragile part 22) includes a thin part
`
`that has a smaller thickness than a portion exceptthe inclined part and takes
`
`priority when an internal pressure of the battery exceeds a predetermined
`
`threshold is formed in at least part of the inclined part as claimed.
`
`Sealing member 20 (a metal plate) comprising two flat pieces
`
`(horizontal/parallel in the x-plane) that surround the inclined portion (fragile
`
`portion 22)[Fig.1A] therefore satisfy the claimed flange part formed around the
`
`projection as claimed.
`
`6.
`
`Regarding claim 2, Kohira disclosesall of the limitations set forth above.
`
`Kohira discloses sealing member 33 includes cap 34 (top plate) [Fig 2][0047].
`
`Kohira further teaches positive electrode current collector 18 (electrode lead)
`
`welded to the lower flat surface of the sealing member 20 [0020][Fig.1A]. This
`
`thereby satisfies wherein the metal plate constitutes a top plate of the sealing
`
`assembly and an electrode lead connected to a positive electrode or a negative
`
`electrode of the electrode assembly is welded to the flange part.
`
`7.
`
`Regarding claim 4, Kohira disclosesall of the limitations set forth above.
`
`Kohira discloses fragile portion 22 (projection of metal plate sealing member 20
`
`having an inclined surface) [Fig.1A] as having a smaller thickness than the other
`
`regions [0022] of sealing member 20. Kohira further discloses fragile portion 22
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 6
`
`[Fig.1A] wherein the smaller thickness (thin part) represents 100% of the fragile
`
`portion 22 having an inclined surface [Fig.1A-22]. The smaller thickness (thin part)
`
`comprising the entirety of inclined fragile portion 22 (projection of the sealing
`
`member 20) thereby satisfies wherein the thin part is formed in a range
`
`exceeding 20% of the inclined part as 100% exceeds 20% as claimed.
`
`Claim Rejections - 35 USC § 103
`
`8.
`
`In the event the determination of the status of the application as subject to
`
`AIA 35 U.S.C. 102 and 103 (or as subject to pre-AlA 35 U.S.C. 102 and 103) is
`
`incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AlA)
`
`for the rejection will not be considered a new ground ofrejection if the prior art
`
`relied upon, and the rationale supporting the rejection, would be the same under
`
`either status.
`
`9.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousnessrejections set forth in this Office action:
`
`A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is
`not identically disclosed as set 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 obvious before the
`effective filing date of the claimed invention to a person having ordinaryskill in the art to which the
`claimed invention pertains. Patentability shall not be negated by the manner in which the invention
`was made.
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 7
`
`10.
`
`The factual inquiries for establishing a background for determining
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`obviousness under 35 U.S.C. 103 are summarized as follows:
`
`1. Determining the scope and contentsof the prior art.
`
`2. Ascertaining the differences between the prior art and the claims at
`
`issue.
`
`3. Resolving the level of ordinary skill in the pertinentart.
`
`4. Considering objective evidence present in the application indicating
`
`obviousness or nonobviousness.
`
`11.
`
`This application currently namesjoint inventors. In considering
`
`patentability of the claims the examiner presumesthat the subject matter of the
`
`various claims was commonly owned as of the effectivefiling date of the claimed
`
`invention(s) absent any evidence to the contrary. Applicant is advised of the
`
`obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of
`
`each claim that was not commonly owned as of the effectivefiling date of the
`
`later invention in order for the examiner to consider the applicability of 35 U.S.C.
`
`102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later
`
`invention.
`
`12.
`
`Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Kohira et al.(US 2017/0110699 A1).
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 8
`
`13.
`
`Regarding claim 3, Kohira disclosesall of the limitations set forth above.
`
`Kohira discloses fragile portion 22 as an inclined portion of sealing member 20
`
`having a smaller thickness than the other regions [0022]. Kohira further discloses
`
`the inclined surfaces(fragile portion 22) is surrounded by twoflat surface
`
`portions comprising sealing member 20 [fig.2A]. This thereby satisfies wherein the
`
`projection includes a flat top part enclosed by the inclined part.
`
`Kohira however fails to disclose wherein a thicknessof the thin part is 30%
`
`to 50% of a thickness of the top part as claimed; however, the thicknessratio of
`
`fragile portion 22 (having a smaller thickness than the other regions as taught by
`
`Kohira) and the top flat portion of sealing member 20 is optimizable as fragile
`
`portion 22 having a smaller thickness than other regions needs to be thinner in
`
`order to form a hole to discharge gas in the event of abnormalities [0022] but also
`
`strong enough to maintain structural integrity of the battery case and electrode
`
`assembly encased within under normal operating conditions.
`
`Therefore it would have been obvious to one ofordinary skill in the art
`
`before the effectivefiling date of the claimed invention to optimize the thickness
`
`ratio of fragile portion 22 having a smaller thickness than other regions of sealing
`
`member 20 as taught by Kohira wherein the size ratio of fragile portion 22 is 30%
`
`to 50% the thickness of the top flat portion of sealing member 20 in order to
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 9
`
`arrive at an exterior battery lid than can effectively keep its structural integrity
`
`under normal operating conditions while forming a hole in order to discharge gas
`
`to the outside of the battery case under abnormal conditions. MPEP 2144.05(II)
`
`[W]here the general conditions of a claim are disclosed in the prior art,it is
`not inventive to discover the optimum or workable ranges by routine
`experimentation.” /n reAller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA
`1955)
`
`Conclusion
`
`14.
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure. Miyata et al. (US 20170133645 A1) teaches a sealed battery
`
`including a sealing member and a lid having a thin and fragile portion [ABSTRACT].
`
`15.
`
`Any inquiry concerning this communication or earlier communications from
`
`the examiner should be directed to TARIK J PHILLIP whose telephone number is
`
`(571)272-2535. The examiner can normally be reached Mon-Fri 8am-5pm.
`
`Examiner interviewsare available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule
`
`an interview, applicant is encouraged to use the USPTO Automated Interview
`
`Request (AIR) at http://www.uspto.gov/interviewpractice.
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 10
`
`If attempts to reach the examiner by telephone are unsuccessful, the
`
`examiner’s supervisor, Cynthia Kelly can be reached on (571) 272-1526. The fax
`
`phone number for the organization wherethis application or proceeding is
`
`assigned is 571-273-8300.
`
`Information regarding the status of published or unpublished applications
`
`maybe obtained from Patent Center. Unpublished application information in
`
`Patent Center is available to registered users. To file and manage patent
`
`submissions in Patent Center, visit: https://patentcenter.uspto.gov.Visit
`
`https://www.uspto.gov/patents/apply/patent-center for more information about
`
`Patent Center and https://www.uspto.gov/patents/docx for information about
`
`filing in DOCX format. For additional questions, contact the Electronic Business
`
`Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a
`
`USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA)
`
`or 571-272-1000.
`
`/TARIK J PHILLIP/
`Examiner, Art Unit 1722
`
`/ANCA EOFF/
`Primary Examiner, Art Unit 1722
`
`

`

`Application/Control Number: 17/311,834
`Art Unit: 1722
`
`Page 11
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