www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/420,165
`
`07/01/2021
`
`Yuma Kamiyama
`
`P210591US00
`
`9970
`
`WHDA, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA22182
`
`CONLEY, O1K
`
`1752
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`07/16/2024
`
`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)
`
`

`

`Application No.
`Applicant(s)
`17/420,165
`Kamiyama etal.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`HELEN Ol CONLEY
`1752
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof 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 4/12/24.
`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) 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)(2) 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 and 4-12 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 and 4-12 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] 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://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)7) 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
`1.1.) Certified copies of the priority documents have been received.
`2.2) 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)
`
`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)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240710
`
`

`

`Application/Control Number: 17/420,165
`Art Unit: 1752
`
`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
`
`underthe first inventor to file provisions of the AIA.
`
`2.
`
`The Applicant’s response was received on 4/12/24. Claim 1 has been amended.
`
`Claims 2 and 3 are cancelled. Claims 6-12 are new.
`
`3.
`
`The text of those sections of Title 35, U.S.C. code not included in this action can
`
`be foundin the prior Office Action.
`
`Claim Rejections - 35 USC § 112
`
`4.
`
`The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
`
`(a) INGENERAL.—The specification shall contain a written description of the
`invention, and of the manner and process of making and usingit, in suchfull, clear, concise,
`and exact terms as to enable any person skilled in the art to which it pertains, or with whichit
`is most nearly connected, to make and use the same, and shall set forth the best mode
`contemplated by the inventor or joint inventor of carrying out the invention.
`
`The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
`
`The specification shall contain a written description of the invention, and of the
`manner and process of making and usingit, in suchfull, clear, concise, and exact terms as to
`enable any person skilled in the art to which it pertains, or with whichit is most nearly
`connected, to make and use the same, and shall set forth the best mode contemplated by the
`inventor of carrying out his invention.
`
`5.
`
`Claims 9 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AlA), first
`
`paragraph, asfailing to comply with the written description requirement. The claim(s)
`
`contains subject matter which wasnot described in the specification in such a way as to
`
`reasonably conveyto one skilled in the relevant art that the inventor or a joint inventor,
`
`or for applications subject to pre-AlIA 35 U.S.C. 112, the inventor(s), at the time the
`
`application wasfiled, had possession of the claimed invention. Specifically, the limitation
`
`

`

`Application/Control Number: 17/420,165
`Art Unit: 1752
`
`Page 3
`
`“thicknessof the plurality of positive electrode tabs is 10-20um’is considered new
`
`matter since the Applicant's specification discloses that each tab or core is 10-20um
`
`and not the bundle of plurality of positive electrode tabs as claimed. Appropriate
`
`corrections are required.
`
`6.
`
`Claims 10 is rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AlA), first
`
`paragraph, asfailing to comply with the written description requirement. The claim(s)
`
`contains subject matter which wasnot described in the specification in such a way as to
`
`reasonably conveyto one skilled in the relevant art that the inventor or a joint inventor,
`
`or for applications subject to pre-AlIA 35 U.S.C. 112, the inventor(s), at the time the
`
`application wasfiled, had possession of the claimed invention. Specifically, the limitation
`
`“thickness of the plurality of negative electrode tabs is 5-15uum” is considered new
`
`matter since the Applicant's specification discloses that each tab or core is 5-15um and
`
`not the bundle of plurality of positive electrode tabs as claimed. Appropriate corrections
`
`are required.
`
`7.
`
`The following is a quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION.—The specification shall conclude with one or more claims particularly
`pointing out and distinctly claiming the subject matter which the inventor or a joint inventor
`regards as the invention.
`
`The following is a quotation of 35 U.S.C. 112 (pre-AlA), second paragraph:
`The specification shall conclude with one or moreclaims particularly pointing out and distinctly
`claiming the subject matter which the applicant regards as his invention.
`
`8.
`
`Claims 6, 7, 9-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-
`
`AIA), second paragraph, as being indefinite for failing to particularly point out and
`
`distinctly claim the subject matter which the inventor or a joint inventor (or for
`
`applications subject to pre-AlA 35 U.S.C. 112, the applicant), regards as the invention.
`
`

`

`Application/Control Number: 17/420,165
`Art Unit: 1752
`
`Page 4
`
`Specifically, the limitation, “plurality of positive electrode plates have plurality of positive
`
`electrode tabs’ is unclear since this can imply that the plurality of positive electrode
`
`plates each have multiple positive electrode tabs. As can be seen in Fig. 3, each
`
`positive electrode plate has a positive electrode tab. Appropriate corrections or further
`
`clarification is required.
`
`Regarding claims 7, 9-11 depending from claims rejected under 35 U.S.C.112,
`
`second paragraph, are also rejected for the same.
`
`9.
`
`Claims 7, 10 are rejected under 35 U.S.C. 112(b6) or 35 U.S.C. 112 (pre-AlA),
`
`second paragraph, as being indefinite for failing to particularly point out and distinctly
`
`claim the subject matter which the inventor or a joint inventor (or for applications subject
`
`to pre-AlA 35 U.S.C. 112, the applicant), regards as the invention. Specifically, the
`
`limitation, “plurality of negative electrode plates haveplurality of negative electrode
`
`tabs” is unclear since this can imply that the plurality of negative electrode plates each
`
`have multiple negative electrode tabs. As can be seen in Fig. 3, each negative electrode
`
`plate has a negative electrode tab. Appropriate corrections or furtherclarification is
`
`required.
`
`10.
`
`Regarding claim 10 depending from claims rejected under 35 U.S.C.112, second
`
`paragraph, are also rejected for the same.
`
`Claim Analysis
`
`11.|For the purpose of compact prosecution, claim 9 will be interpreted within the
`
`scope of the Applicant’s invention. The limitation will be interpreted as a thicknessof
`
`eachpositive electrode tab is 10-20 um.
`
`

`

`Application/Control Number: 17/420,165
`Art Unit: 1752
`
`Page 5
`
`12.
`
`|For the purpose of compact prosecution, claim 10 will be interpreted within the
`
`scope of the Applicant’s invention. The limitation will be interpreted as a thicknessof
`
`each negative electrode tab is 5-15 um.
`
`Claim Rejections - 35 USC § 102
`
`13.
`
`The rejection under 35 U.S.C. 102(a)(2) as being anticipated by Suzuki et al. (US
`
`Publication 20170256821), on claims 1-3, 5 are withdrawn because the Applicant has
`
`amendedthe claims.
`
`14.
`
`The rejection under 35 U.S.C. 102(a)(2) as being anticipated by Takatusketal.
`
`(JP2014-049311), on claims 1-5 are maintained. The rejection is repeated below for
`
`convenience.
`
`15.
`
`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-AIA 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 undereither status.
`
`16.
`
`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)(1) the claimed invention was patented, described in a printed publication, or in public use,
`on sale, or otherwise available to the public before the effectivefiling date of the claimed
`invention.
`
`(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, namesanother inventor and waseffectively filed
`before the effective filing date of the claimed invention.
`
`

`

`Application/Control Number: 17/420,165
`Art Unit: 1752
`
`Page 6
`
`17.
`
`Claim(s) 1-8, 11, 12 is/are rejected under 35 U.S.C. 102(a)(2) as being
`
`anticipated by Takatusket al. (JP2014-049311).
`
`Regarding claim 1, the Takatsukaet al. reference discloses a secondary battery,
`
`comprising a multilayer electrode body obtained by laminating a plurality of electrode
`
`plates with a separator interposed in between (301-303), a plurality of electrode tabs
`
`protruding outward from first ends of the plurality of electrode plates (301c, 302c ), each
`
`of the plurality of electrode tabs having a bent portion. An exterior body having an
`
`opening receiving the multilayer electrode body (1). A sealing plate that closes the
`
`opening (6), a collector (8a, 8b) disposed on the sealing plate and connectedto the
`
`plurality of electrode tabs with a connector (42), and a binding memberthat binds the
`
`plurality of electrode tabs between the connector and the multilayer electrode body
`
`(WH) at a position awayfor the multilayer electrode body, the binding memberbinds the
`
`plurality of electrode tabs together at the bent portions and has a mechanism of
`
`claiming the plurality of the electrode tabs with resin member(Fig. 8,9; resin adhesive
`
`hot-melt).
`
`Regarding claim 4, the Takatusk et al. reference discloses wherein the binding
`
`member has a mechanism of bonding the plurality of electrode tabs together with an
`
`adhesive (501, 502).
`
`Regarding claim 5, the Takatsukaet al. reference discloses whereinafirst end of
`
`the binding memberis fixed to the sealing plate (combinations of Fig. 1, 2, 4-8 ).
`
`Regarding 6, the Takatsukaet al. reference discloses wherein the plurality of
`
`electrode plates includes a plurality of positive electrode plates and a plurality of
`
`negative electrode plate, wherein the plurality of positive electrode plates have a
`
`

`

`Application/Control Number: 17/420,165
`Art Unit: 1752
`
`Page 7
`
`plurality of positive electrode tabs, wherein eachof the plurality of positive electrode
`
`tabs protrude at the same position as the other positive electrode tabs so that the
`
`plurality of positive electrode tabs are arrangedinaline in a lamination direction in the
`
`multilayer electrode body (Fig. 2-9).
`
`Regarding claim 7, the Takatsukaet al. reference discloses wherein the plurality
`
`of negative electrode plates have a plurality of negative electrode tabs, wherein eachof
`
`the plurality of negative electrode tabs protrude at the same position of all the negative
`
`electrode tabs, so that the plurality of negative electrode tabs are arrangedinaline in
`
`the lamination direction in the multilayer electrode body.
`
`Regarding claim 8, the Takatsukaet al. reference disclosesthe plurality of
`
`electrode tabs are formed of a metalfoil (301c, 302c).
`
`Regarding claim 11, the Takatsuka etal. reference disclose at a base position of
`
`each of the positive electrode tabs, an insulating layer or a protective layer is disposed
`
`(Fig. 3, 303 extends wider covering the tabs).
`
`Regarding claim 12, the Takatsukaet al. reference discloses the binding member
`
`is attached to the sealing plate (Fig. 2, 502 indirectly attached to 6).
`
`Claim Rejections - 35 USC § 103
`
`18.
`
`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-AIA 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 undereither status.
`
`

`

`Application/Control Number: 17/420,165
`Art Unit: 1752
`
`Page 8
`
`19.
`
`The following is a quotation of 35 U.S.C. 103 which forms the basisfor all
`
`obviousness rejections 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 effectivefiling 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.
`
`20.
`
` Claim(s) 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable
`
`over Takatusket al. (JP2014-049311) in view of Suzuki et al. (US Publication
`
`2017/0256821).
`
`Regarding claims 9 and 10, the Takatusket al. reference discloses a thicknessof
`
`each positive electrode tabs to be is 10 to 20 umathicknessof the plurality of negative
`
`electrode tabs is 5 to 15 um, howeverthe Suzukiet al. reference discloses the positive
`
`electrode tabs to be 10 to 20 um (P116, 0.02mm) and a thickness of the plurality of
`
`negative electrode tabs is 5 to 15 um (P123, 0.01mm) in order to reduce the cross-
`
`sectional areas and electrical resistances of the respective parts (P39-P42). Therefore,
`
`it would have been obvious to one of ordinary skill in the art before the effective filing
`
`date of the invention to incorporate the positive electrode tabs to be 10 to 20 um (P116,
`
`0.02mm) and a thicknessof the plurality of negative electrode tabs is 5 to 15 um (P1238,
`
`0.01mm) disclosed by the Suzuki et al. reference for the thickness of the tab/foils taught
`
`by the Takatusketal. reference in order to reduceelectrical resistances and applicable
`
`for varied size requirements of batteries.
`
`

`

`Application/Control Number: 17/420,165
`Art Unit: 1752
`
`Page 9
`
`Responseto Arguments
`
`21.
`
`Applicant's argumentsfiled 4/12/24 have been fully considered but they are not
`
`persuasive.
`
`The Applicant argues,
`
`Specety
`
` iy, each ad the oriar peflmences teaches a laminated plurality of Sectrade plates
`
`WHENEIN § Jag porhon these? prowudes outwards aif plates clsnig the clecieades in alece.
`Th
`
`
`ee
`Sractural differance betvcess these so-called “tabs” and binsing menvbers with dune sf tbe
`
`ih e
`aie
`aes
`Sh ty 2 4 hat SE - Be
`Sanh Noe
`
`TEVERIGA GDS TAM Gyend oh
`Nauny ag amandest, Moreover, based an the
`
`
`tees froma Hse
`
`references ag @ whole, here wah’ be 9
`f arrive at the presently ok
`
`
`
`However, by the Applicant’s arguments, it is unknown howthe prior art structures and
`
`the amendedclaims disclosed different structures. The Applicants presented no further
`
`detail and evidence. Please see the rejections above.
`
`Conclusion
`
`22.
`
`Applicant's amendmentnecessitated 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).
`
`

`

`Application/Control Number: 17/420,165
`Art Unit: 1752
`
`Page 10
`
`A shortened statutory period for reply to this final action is set to expire THREE
`
`
`
`MONTHS from the mailing date of this action. In the eventafirst reply is filed within
`
`TWO MONTHS of the mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTHshortenedstatutory 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 MONTHS from the date of this final action.
`
`Anyinquiry concerning this communication or earlier communications from the
`
`examiner should be directed to HELEN Ol CONLEY whosetelephone numberis
`
`(571)272-5162. The examiner can normally be reached 8:30 am - 5:00 pm.
`
`Examiner interviews are available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-basedcollaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR) at http:/Avwww.uspto.gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner's
`
`supervisor, Pamela Weiss can be reached on (571)270-7057. 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 Centeris
`
`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-
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`

`

`Application/Control Number: 17/420,165
`Art Unit: 1752
`
`Page 11
`
`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.
`
`/Helen Oi K CONLEY/
`Primary Examiner, Art Unit 1752
`
`