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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
`
`17/042,298
`
`09/28/2020
`
`Natsuhiko Mukai
`
`P200940US00
`
`1782
`
`WHDA, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`HORNSBY, BARTHOLOMEW ANDREW
`
`1728
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`04/25/2022
`
`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)
`
`

`

`
`
`Disposition of Claims*
`1-6 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`5a) Of the above claim(s) ___ is/are withdrawn from consideration.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) 1-6 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://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)[M) 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 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)
`
`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) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20220418
`
`Application No.
`Applicant(s)
`17/042,298
`Mukai etal.
`
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`
`BARTHOLOMEW A HORNSBY|1728 Yes
`
`-- The MAILING DATEofthis 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 9/28/2020.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) 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: 17/042,298
`Art Unit: 1728
`
`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.
`
`2.
`
`Receipt is acknowledgedof certified copies of papers required by 37 CFR 1.55.
`
`Priority
`
`Information Disclosure Statement
`
`3.
`
`The information disclosure statements filed 9/28/2020 and 1/7/2021, have been
`
`received and complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609.
`
`Accordingly, the information disclosure statement(s) are being considered by the
`
`examiner, and initial copied is attached herewith.
`
`Claim Rejections - 35 USC § 102
`
`4.
`
`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 madein this Office action:
`
`A personshall 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 waseffectively filed
`before the effective filing date of the claimed invention.
`
`5.
`
`Claims 1-5 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by
`
`Okadaetal. (US8999585B2).
`
`

`

`Application/Control Number: 17/042,298
`Art Unit: 1728
`
`Page 3
`
`Asto claim 1, Okada discloses a non-aqueous electrolyte secondary battery
`
`comprising a spiral-type electrode body (The electrode assembly of this embodiment
`
`may be formedbyrolling up, [C10L61-65]) in which a positive electrode and a
`
`negative electrode are wound with a separator (Porous insulating layer, [Abstract])
`
`located therebetween [Abstract],
`
`wherein the electrode body has a positive electrode lead; and the positive
`
`electrode lead comprises: a metallic lead base member (Lead wire 5) (aluminum foil
`
`except for part of the foil to which a lead wire (5) of the positive electrode was to
`
`be connected [C12L10-17])
`
`having a first surface joined to the positive electrode, and a second surface
`
`located on an opposite side of the first surface (the positive electrode lead wire 5 was
`
`resistance-welded to the connection portion for positive electrode lead wire
`
`[C13L13-14] Fig. 3);
`
`and an insulating ceramic layer composed mainly of an inorganic compound (100
`
`parts by weight of polycrystalline alumina particle, [C11L55-56], Alumina providing
`
`a ceramic inorganic compound) ,
`
`the ceramic layer being formed on the second surface of the lead base member
`
`in at least an area facing the negative electrode via the separator (The positive
`
`electrode hoop and the negative electrode hoop with the porous insulating layers
`
`formed on bothsides, [C13L6-14] Fig. 3) Where the ceramic layer (porous insulating
`
`layer) provided on both sides includes the second surface.
`
`

`

`Application/Control Number: 17/042,298
`Art Unit: 1728
`
`Page 4
`
`first suface_as
`
`"te,oeaa
`
`
`.SeSeagateLEETNILEIICOOLPETES
`
`vit"-anteaacaetnereaoadoers
`
`
`
`
` OEE
`
`
`porous insulating layer toeramic
`layer} formed on
`Second surface af
`ead wire fllead base member}
`
`SE
`
`a
`
`WeICS
`
`Ag
`
`(Fig. 3 annotatedfor illustration)
`
`As to claim 2, the rejection of claim 1
`
`is incorporated, Okadadiscloses a
`
`bottomed cylindrical outer can that holds therein the electrode body; and (A cylindrical
`
`battery of product No. 18650 was fabricated as described below using the
`
`positive electrode, the negative electrode and the nonaqueous electrolyte
`
`

`

`Application/Control Number: 17/042,298
`Art Unit: 1728
`
`Page 5
`
`solution which are described above. FIG. 3 shows a general vertical cross section
`
`of the nonaqueouselectrolyte secondary battery. [C13L1-6])
`
`a sealing body that closes off an opening of the outer can and that functions as a
`
`positive electrode terminal (The positive electrode lead wire 5 was laser-welded to a
`
`metalfilter 8a of a sealing plate 8 [C13L38-39] Fig. 3),
`
`wherein the ceramic layer is formed while avoiding a welded portion weldedto
`
`the sealing body (Fig. 3).
`
`weicled porion without ceramics
`
`8 positive termina! closes off apering of aufer can
`-
`
`oN
`
`BS
`
`~t}
`
`fayer
` first surface
`
`second surface —
`
`os
`
`-
`
`—
`
`f
`
`i
`
`on
`
`porous insulating laver {ceramic
`iB
`eacton second surface of
`faye) DIEt
`Tec
`pad wire Stead base member}
`
`=
`
`Sag
`
`=
`
`(Fig. 3 annotatedfor illustration)
`
`

`

`Application/Control Number: 17/042,298
`Art Unit: 1728
`
`Page 6
`
`As to claim 3, the rejection of claim 2 is incorporated, Okadadiscloses the
`
`positive electrode lead hasa first end portion located toward the sealing body, and a
`
`second end portion located toward a side opposite to the first end portion; and on the
`
`second surface of the lead base member, the ceramic layer is formed additionally in the
`
`first end portion. (Fig. 3)
`
`welded portion nithouf coramixc
`welded
`portion without ceramixc
`
`g posHive temminal, clases off. opening of cuter can
`
`mayer meeerernnestaan,
`
`act
`esate
`Se
`rcoNe a naan“Ae
`frstsurrace. ( SSN
`S
`Ssdt
`iS
`i
`i
`‘ ae ag
`~ HN edma S. ef 7 N a ‘i -we
`.
`4
`",
`;
`parararanneennnny
`i
`porous insulating laver (beraniec
`lke
`Softonic! WE
`layer} formedonsecondsufficeof
`Ss Ba-
`ail
`
`lead wire Sifead Dase rember)
`hs.
`
`eee aye
`=
`
`aN 9
`
`NAY ui
`By
`:
`me
`fa
`reeaeseek
`aN fst
`
`
`
`eeepeti
`second suiface PeeichntennttonioworsCESOTTles
`
` :hiro
`
` mene:“
`LoLees
` LearDeeet
` oteLETTEee
`
`opposite the firsi end portion eaeLeerEicart
` second enc portion located toward side
`
`frst and portionforated toward the
`seating body with ceramic layer on
`
`
`
`
`
`
`
`6
`
`(Fig. 3 annotatedfor illustration)
`
`

`

`Application/Control Number: 17/042,298
`Art Unit: 1728
`
`Page 7
`
`Asto claim 4, the rejection of claim 3 is incorporated, Okada discloses an upper
`
`insulation plate disposed between the sealing body and an electrode group constituted
`
`of the positive electrode, the negative electrode, and the separator, the upper insulation
`
`plate having an insertion hole for the positive electrode lead (An upper insulation ring
`
`9 was placed on the top end face of the electrode assembly 4, and the positive
`
`electrode lead wire 5 was passed through the upperinsulation ring 9 [C13L30-
`
`34)),
`
`wherein on the second surface of the lead base member, the ceramic layer is
`
`formedonly in the first end portion and in a part that is located closer to the second end
`
`portion than the upper insulation plate is (Fig. 3).
`
`

`

`Application/Control Number: 17/042,298
`Art Unit: 1728
`
`Page 8
`
`8 positive tenninal, closes of opening ofouter can
`
`welded moron without ceranixe
`haar
`a
`layer
`\
`
`iyst SURACE
`
`Ou
`
`second surface —__
`
`tating layer {ceramic
`second surface af
`her
`se Stead base member}
`
`
`~
`
`
` aahaneae4 marshy:
`
`
`firsh and portion located toward the
`iinet
`
`on
`
`SerenrDatlaaeaseeeeee
`bedy with ceramic layeron *s,
`
` CE
`La
`
`Moy
`
`
`second end orton located foawaed side
`opposife ihe firstend partian,
`
` iessee
`1Y
`
`(Fig. 3 annotatedfor illustration)
`
`As to claim 5, the rejection of claim 2 is incorporated, Okadadiscloses the
`
`negative electrode comprises a negative electrode core and a negative electrode
`
`mixture layer formed on the negative electrode core (The active material layer for the
`
`negative electrode was formed over the copperfoil [C12L42-44]);
`
`an exposed core portion in which a surface of the negative electrode core is
`
`exposedis provided on an outermostperipheral surface of the electrode body; and the
`
`exposed core portion is in contact with an inner peripheral surface of the outer can.
`
`

`

`Application/Control Number: 17/042,298
`Art Unit: 1728
`
`Page 9
`
`(The negative electrode lead wire 6 was passed through a lowerinsulation ring 10
`
`before the electrode assembly 4 was put into a metal closed-end case(battery
`
`case) 7. Then, the negative electrode lead wire 6 was resistance-welded to the
`
`bottom of the metal closed-end case 7 suchthat the negative electrode lead wire
`
`6 waselectrically connected to the closed-end case 7 [C13L24-31]) Where the lead
`
`wire 6 acts as the electrically exposed portion of the negative electrode.
`
`It should be noted the mere rearrangement of parts, without any new or
`
`unexpected results, is within the ambit of one of ordinary skill in the art. See In re
`
`Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04).
`
`Claim Rejections - 35 USC § 103
`
`6.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousnessrejections setforth 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 andthe 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
`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.
`
`7.
`
`Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Okadaetal.
`
`(US8999585B2), in view of Kusukawaetal. (US2012/0244423A1).
`
`As to claim 6, the rejection of claim 1
`
`is incorporated, Okada discloses
`
`secondary battery but does notexplicitly teach the positive electrode lead has attached
`
`thereto an insulation tape that covers the ceramic layer.
`
`

`

`Application/Control Number: 17/042,298
`Art Unit: 1728
`
`Page 10
`
`In the same filed of endeavor Kusukawadiscloses secondary battery [0002] and
`
`further teaches positive electrode current collector leads (11) are joined to the second
`
`piece (15b) of the positive electrode current collector terminal (15), and a glass tape
`
`(20) is affixed in a staking direction-wise fore-end region [Abstract] and the current
`
`collector terminal and the current collector leads are covered with an insulating layer
`
`containing ceramic particles.[0036].
`
`Conclusion
`
`8.
`
`The prior art made of record and not relied upon is considered pertinent to
`
`applicant's disclosure.
`
`Kaito et al. (US7,935,455 B2) Lithium lon Secondary Battery with ceramic
`
`alumina.
`
`Kim et al. (US2008/0138699A1) Jelly roll Electrode Assembly and Secondary
`
`Battery using the same with ceramic separator.
`
`Shin et al. (US2011/0135987A1) Lithium Secondary Battery with ceramic
`
`insulating separator.
`
`9.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to BARTHOLOMEW A HORNSBYwhosetelephone
`
`number is (313)446-6637. The examiner can normally be reached 7:30-4:30 EST.
`
`

`

`Application/Control Number: 17/042,298
`Art Unit: 1728
`
`Page 11
`
`Examiner interviews are 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:/Awww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Matthew T Martin can be reached on 571-272-1526. The fax phone number
`
`for the organization where this application or proceeding is 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 to registered users. To file and manage patent submissions in Patent Center,
`
`visit: https://patentcenter.uspto.gov. Visit https:/Awww.uspto.gov/patents/apply/patent-
`
`center for more information about Patent Center and
`
`https:/Awww.uspto.gov/patents/docx for information aboutfiling 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.
`
`BARTHOLOMEW ANDREW.
`HORNSBY
`Examiner
`
`Art Unit 1728
`
`/Maria Laios/
`Primary Examiner, Art Unit 1727
`
`

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