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
`
`17/048,187
`
`10/16/2020
`
`HIDEMI KURIHARA
`
`P210191US00
`
`4487
`
`WHDA, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA22182
`
`APICELLA, KARIE O
`
`1725
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`02/08/2024
`
`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)
`17/048, 187
`KURIHARA, HIDEMI
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`KARIE O APICELLA
`1725
`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 28 November 2023.
`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*
`1-2 and 4-9 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) 1-2 and 4-9 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)[¥) 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.
`2.2) 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 20240201
`
`

`

`Application/Control Number: 17/048,187
`Art Unit: 1725
`
`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 amendments filed on November28, 2023, were received.
`
`Claims 1, 4 and 6 have been amended. Claim 3 has been cancelled. None of the
`
`Claims have been withdrawn from consideration or added as new. Therefore, Claims 1-
`
`2 and 4-9 are pending in this office action.
`
`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 issued on August 29, 2023.
`
`Claim Rejections - 35 USC § 102
`
`4.
`
`The rejection of Claims 1 and 7-9 under 35 U.S.C. 102(a)(1) as being anticipated
`
`by Suzuki et al. (US 10,673,106 B2), has been overcome based on the amendments to
`
`the Claims and the arguments presented on pages 4-7 of the Remarks dated November
`
`28, 2023.
`
`5.
`
`The rejection of Claims 1-4 and 6-9 under 35 U.S.C. 102(a)(1) as being
`
`anticipated by Baumgartneret al. (US 2015/0079444 A1), has been overcome based on
`
`the amendments to the Claims and the arguments presented on pages 4-7 of the
`
`Remarks dated November 28, 2023.
`
`

`

`Application/Control Number: 17/048,187
`Art Unit: 1725
`
`Page 3
`
`6.
`
`The text of those sections of Title 35, U.S. Code not includedin this action can
`
`be found in a prior Office action.
`
`7.
`
`Claims 1-2 and 6-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated
`
`by Tada et al. (JP 2012209135A).
`
`With regard to Claim 1, Tada et al. disclose in Figures 1-3, a power supply
`
`device, called a battery pack (1), comprising: a battery block, called a core pack(16), in
`
`which a plurality of secondary battery cells (15) are connected in series and/or in
`
`parallel to each other; a circuit board (14) on which a protection circuit that protects the
`
`plurality of secondarybattery cells (15) constituting the battery block (16) is mounted;
`
`and an exterior case, including an upper case (10) and a lower case (11), that houses
`
`the battery block (16) and the circuit board (14), wherein a facing part of the exterior
`
`case, part of upper case (10), that directly faces the circuit board (14) without any
`
`memberinterposed betweenthe facing part and the circuit board (14) is thicker than at
`
`least a portion, called a window (11a), of a non-facing part, part of lower case (11), that
`
`is anotherpart of the exterior case (10, 11), the exterior case (10, 11) is divided into a
`
`first case, or upper case (10), and a second case, or lower case (11), and a joint surface
`
`betweenthe first case (10) and the second case (11) is positioned at the non-facing part
`
`(paragraphs 0019-0021; See annotated figure below).
`
`

`

`Application/Control Number: 17/048,187
`Art Unit: 1725
`
`Page 4
`
`}fh
`
`pennerTe
`
` fe
`nnanralgéa?
`
`i
`
`ae
`Z
`
`cercocencihgyEnefetod
`
`t%?
`
`With regard to Claim 2, Tada et al. disclose in Figures 1-3, wherein an inner
`
`surface of the exterior case (10, 11) in which the battery block (16) and the circuit board
`
`(14) are housedis in a planar shape, and at least a portion of the non-facing part on an
`
`outer surface side of the exterior case (11) exposed to an outside hasa thin region,
`
`called a window (11a), that is recessed to be thinner than the facing part (paragraphs
`
`0019-0021; See annotated figure).
`
`With regard to Claim 6, Tada etal. disclose in Figures 1-3, wherein the exterior
`
`case (10, 11) is in a prismatic shape extended in one direction, and the exterior case is
`
`dividedinto the first case (10) and the second case (11) in the one direction
`
`(paragraphs 0019-0021; See annotatedfigure).
`
`With regard to Claim 7, Tada et al. disclose in Figures 1-3, wherein the facing
`
`part is a region close to a plate-shaped end edge of the circuit board (14) (paragraphs
`
`0019-0021; See annotated figure).
`
`

`

`Application/Control Number: 17/048,187
`Art Unit: 1725
`
`Page 5
`
`With regard to Claim 8, Tada etal. further disclose in Figures 1-3, comprising a
`
`battery holder, called a resin case, that holds the plurality of secondary battery cells (15)
`
`(paragraph 0021), wherein the circuit board (14) is placed on one surface of the battery
`
`holder resin case (paragraph 0020).
`
`With regard to Claim 9, Tada etal. disclose in Figures 1-3, wherein the power
`
`supply device (1) is a battery pack that is connectedto a portable electric device to
`
`supply electric power (paragraph 0002).
`
`Claim Rejections - 35 USC § 103
`
`8.
`
`The rejection of Claim 2 under 35 U.S.C. 103 as being unpatentable over Suzuki
`
`et al. (US 10,673,106 B2), as applied to Claims 1 and 7-9 above, has been overcome
`
`based on the amendmentsto the Claims and the arguments presented on pages 4-7 of
`
`the Remarks dated November 28, 2023.
`
`9.
`
`The rejection of Claim 5 under 35 U.S.C. 103 as being unpatentable over
`
`Baumgartneret al. (US 20150079444 A1)), as applied to Claims 1-4 and 6-9 above, has
`
`been overcome based on the amendmentsto the Claims and the arguments presented
`
`on pages 4-7 of the Remarks dated November28, 2023.
`
`10.
`
`Claims 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Tada et
`
`al. (JP 2012209135A), as applied to Claims 1-2 and 6-9 above.
`
`

`

`Application/Control Number: 17/048,187
`Art Unit: 1725
`
`Page 6
`
`With regard to Claim 4, Tadaet al. disclose the power supply devicein
`
`paragraph 7 above, but do not specifically disclose wherein the joint surface between
`
`the first case (10) and the second case (11) is thicker than the thin region (11a).
`
`The thicknessof the joint surface betweenthe first case and the second case and the
`
`thin region is not considered to confer patentability to the claims. As the cost of
`
`manufacturing, as well as, the shape of the housing space needed to adaptto the
`
`application of the battery pack are variables that can be modified, among others, by
`
`adjusting said thickness, before the effectivefiling date of the invention it would have
`
`been an obvious matter of design choice to manufacture the joint surface between the
`
`first case and the second caseto bethicker than the thin region, since such a
`
`modification would only involve a mere change in the size of a component. A change in
`
`size is generally recognized as being within the level of ordinary skill in the art. See
`
`MPEP 2144.04(IV).
`
`With regard to Claim 5, Tada et al. disclose the power supply devicein
`
`paragraph 7 above, but do not specifically disclose wherein the joint surface between
`
`the first case (10) and the second case (10) is the samein thickness as the facing part.
`
`The thicknessof the joint surface betweenthe first case and the second case and the
`
`facing part is not considered to confer patentability to the claims. As the costof
`
`manufacturing, as well as, the shape of the housing space needed to adaptto the
`
`application of the battery pack are variables that can be modified, among others, by
`
`adjusting said thickness, before the effectivefiling date of the invention it would have
`
`been an obvious matter of design choice to manufacture the joint surface between the
`
`first case and the second caseto be the same in thicknessasthe facing part, since
`
`

`

`Application/Control Number: 17/048,187
`Art Unit: 1725
`
`Page 7
`
`such a modification would only involve a mere change in the size of a component. A
`
`change in size is generally recognized as being within the level of ordinary skill in the
`
`art. See MPEP 2144.04(IV).
`
`11.|Applicant’s arguments, see pages 4-7,filed November 28, 2023, with respect to
`
`Responseto Arguments
`
`the rejection(s) of Claims 1 and 7-9 under 35 U.S.C. 102(a)(1) as being anticipated by
`
`Suzuki et al. (US 10,673,106 B2) and Claims 1-4 and 6-9 under 35 U.S.C. 102(a)(1) as
`
`being anticipated by Baumgartneret al. (US 2015/0079444 A1), have beenfully
`
`considered and are persuasive. Therefore, the rejection has been withdrawn.
`
`However, upon further consideration, a new ground(s) of rejection is madein view of
`
`Tada et al. (JP 2012209135A).
`
`Conclusion
`
`12.
`
`Applicant's amendment necessitated 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).
`
`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 ofthe 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
`
`

`

`Application/Control Number: 17/048,187
`Art Unit: 1725
`
`Page 8
`
`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.
`
`13.=Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to KARIE O APICELLA whosetelephone numberis
`
`(571)272-8614. The examiner can normally be reached Mondaythru Friday; 8:00AM to
`
`5:00PM EST.
`
`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:/Avwww.uspto.gov/interviewpractice.
`
`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
`
`supervisor, Basia Ridley can be reached on 571-272-1453. The fax phone numberfor
`
`the organization wherethis 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-
`
`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 CustomerService
`
`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`

`

`Application/Control Number: 17/048,187
`Art Unit: 1725
`
`Page 9
`
`/KARIE O'NEILL APICELLA/
`Primary Examiner, Art Unit 1725
`
`