DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Status
Claims 7-20 are under examination.
Claims 1-6 are withdrawn.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 112
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-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 20 is 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-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 20, “the third section is defined by a single transition portion that is substantially vertical relative to a lower surface of the top panel” is recited in Lines 1-2, however claim 1 positively recites that “the second angle is greater than the first angle”, such that it is unclear as to how the third section is defined by a single transition portion that is substantially vertical relative to a lower surface of the top panel so as to satisfy the limitation “the second angle is greater than the first angle”, as well as satisfy the limitation “such that the third section and the second provide the skirt with an outwardly tapered configuration relative to the axis”, thereby failing to point out and distinctly claim the subject matter. Therefore, the examiner will interpret the claim as --the third section comprises a transition portion that is substantially vertical relative to a lower surface of the top panel--.
Claim Rejections - 35 USC § 102
Claims 7, 11-13, 17 and 20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by Zhu et al. (WO2018/233267 A1 and using U.S. PGPub US 2021/0111454 A1 as Machine Translation of English version), hereinafter Zhu.
Regarding claim 7, Zhu discloses a can for a button cell battery, the can comprising: a solid top panel (i.e., at least See Annotated Fig. 8, also see [0031]-[0032], [0034]-[0037], [0040]-[0047]);
and a skirt extending between a first end located adjacent the top panel and a free second end (i.e., at least See Annotated Fig. 8, also see [0031]-[0032], [0034]-[0037], [0040]-[0047]),
the second end extending about the top panel to form an opening opposite the top panel (i.e., at least See Annotated Fig. 8, also see [0031]-[0032], [0034]-[0037], [0040]-[0047]);
wherein the skirt includes: a first section extending from the first end, the first section having a substantially uniform inner diameter (i.e., at least See Annotated Fig. 8, and lacking any further structural distinction thereof as to first section and/or end, also see [0031]-[0032], [0034]-[0037], [0040]-[0047]);
a second section extending from the second end, the second section extending at a first angle relative to an axis about which the can is centered (i.e., at least See Annotated Fig. 8, such that the skilled artisan would appreciate that section ref. 523b of Fig. 8, for example, at least extends at an angle relative to an axis such as a horizontal and/or vertical axis about which the can is centered, and lacking any further distinction thereof as to said second section and/or end and/or first angle, also see [0031]-[0032], [0034]-[0037], [0040]-[0047]);
and a third section extending between the first section and second section, the third section extending at a second angle relative to the axis (i.e., at least See Annotated Fig. 8, such that the skilled artisan would appreciate that section ref. 522 of Fig. 8, for example, at least extends at a second angle relative to a horizontal and/or vertical axis, and lacking any further structural distinction thereof as to said third section and/or first/second section and/or second angle, also see [0031]-[0032], [0034]-[0037], [0040]-[0047]),
wherein the third section extends from an end of the first section at the second angle and second section extends from an end of the third section at the first angle such that the third section and the second section provide the skirt with an outwardly tapered configuration relative to the axis (i.e., at least See Annotated Fig. 8, also see [0031]-[0032], [0034]-[0037], [0040]-[0047]), and
wherein the second angle is greater than the first angle (i.e., at least See Annotated Fig. 8, also see [0031]-[0032], [0034]-[0037], [0040]-[0047]).
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Annotated Figure 8 (Zhu)
Regarding claim 11, Zhu discloses the can as discussed above in claim 7. Zhu further discloses the third section is defined by a plurality of different transition sections, each transition section being defined by a portion of the skirt that extends at an angle relative to the axis that is different than an angle relative to the axis at which an adjacent transition section extends (i.e., at least See Annotated Fig. 8 above in claim 7, such that the skilled artisan would appreciate that section(s) refs. 522, 523a, etc., of Fig. 8, for example, at least provides transition section(s), etc., that extends at angle(s) relative to a horizontal and/or vertical axis that is different than an angle relative to said horizontal and/or vertical axis at which an adjacent transition section extends so as to be cylindrical and/or conical side structure(s) as disclosed in [0032], and lacking any further structural distinction thereof as to said third section, transition section(s), etc., also see [0031]-[0032], [0034]-[0037], [0040]-[0047]).
Regarding claim 12, Zhu discloses the can as discussed above in claim 11. Zhu further discloses at least one transition section is substantially vertical (i.e., at least See Annotated Fig. 8 above in claim 7, such as, for example, ref. 523a is at least substantially vertical so as to form a cylindrical side structure as disclosed in [0032], and lacking any further distinction thereof, also see [0031]-[0032], [0034]-[0037], [0040]-[0047]).
Regarding claim 13, Zhu discloses a can for a button cell battery, the can comprising: a solid top panel (i.e., at least See Annotated Fig. 8 below, also see [0031]-[0032], [0034]-[0037], [0040]-[0047]);
and a skirt extending between a first end located adjacent the top panel and a second end (i.e., at least i.e., at least See Annotated Fig. 8 below, also see [0031]-[0032], [0034]-[0037], [0040]-[0047]),
the second end extending about the top panel to form an opening opposite the top panel (i.e., at least See Annotated Fig. 8 below, also see [0031]-[0032], [0034]-[0037], [0040]-[0047]);
wherein the skirt includes: a first section extending from the first end (i.e., at least See Annotated Fig. 8 below, such that refs. 521, etc. at least constitutes a first section, lacking any further distinction thereof, also see [0031]-[0032], [0034]-[0037], [0040]-[0047]);
a second section extending from the second end, the second section extending at a first angle relative to an axis about which the can is centered (i.e., at least See Annotated Fig. 8 below, such that the skilled artisan would appreciate that section ref(s). 523b, etc., of Fig. 8, for example, at least extends at an angle relative to an axis such as a horizontal and/or vertical axis about which the can is centered, and lacking any further distinction thereof as to said second section and/or end and/or first angle, also see [0031]-[0032], [0034]-[0037], [0040]-[0047]);
and a third section extending between the first section and second section, the third section extending at a second angle relative to the axis (i.e., at least See Annotated Fig. 8 below, such that ref(s). 522, 523a, etc., at least constitutes a third section, lacking any further structural distinction thereof as to said third section and/or first/second section and/or second angle, also see [0031]-[0032], [0034]-[0037], [0040]-[0047]),
wherein the third section extends from an end of the first section at the second angle and the second section extends from an end of the third section at the first angle such that the third section and the second section provide the skirt with an outwardly tapered configuration relative to the axis (i.e., at least See Annotated Fig. 8, also see [0031]-[0032], [0034]-[0037], [0040]-[0047]), such that the skilled artisan would appreciate that since sealing portion ref. 523b is a conical side structure, etc., that this at least provides an outwardly tapered configuration so as to be conical, etc., and lacking any further distinction thereof as to section(s), etc., and
wherein the second angle is greater than the first angle (i.e., at least See Annotated Fig. 8, also see [0031]-[0032], [0034]-[0037], [0040]-[0047]).
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Annotated Figure 8 (Zhu)
Regarding claim 17, Zhu discloses the can as discussed above in claim 13. Although Zhu does explicitly state that the second angle is between approximately 0 degrees and approximately 25 degrees relative to the axis, since Zhu discloses the third section as discussed above in claim 13, and further discloses in [0032] the locking portion ref. 523a is a cylindrical side structure, and ref. 523b is a conical side structure, etc., the skilled artisan would appreciate that this at least provides a second angle of the third structure that has a value within the claimed range of the second angle is between approximately 0 degrees and approximately 25 degrees relative to the axis, so as to provide a cylindrical side structure, etc., thus a prima facie case of anticipation exists (MPEP 2131.03, I., II.).
Furthermore, since Zhu discloses a third section with conical and/or cylindrical portion(s), the skilled artisan would appreciate that changes in size/proportion and/or shape are matter of obvious design choice so as to improve the overall sealing performance of the cell as discussed in [0004] and lacking any further structural distinction thereof (MPEP 2144.04, IV. A., B.).
Regarding claim 20, Zhu discloses the can as discussed above in claim 13. Zhu further discloses the third section comprises a transition portion that is substantially vertical relative to a lower surface of the top panel (i.e., at least See Annotated Fig. 8 above in claim 13, such that ref. 523a is at least a transition portion that is substantially vertical relative to a lower surface of the top panel so as to be a cylindrical side, etc., (i.e., at least transition portion of said third section so as to transition between and lacking any further distinction thereof, also see [0031]-[0032], [0034]-[0037], [0040]-[0047]).
Claim Rejections - 35 USC § 103
Claims 8-10 and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu as applied to claims 7 and 13 above, and further in view of Gibbons et al. (U.S. PGPub US 2007/0224495 A1), hereinafter Gibbons.
Regarding claim 8-10, Zhu discloses the can as discussed above in claim 7. However, with regards to claim 8, Zhu is silent as to a height of the can, as measured along the axis, is between approximately 3.6 mm and approximately 6.0 mm. Furthermore, with regards to claim 9, Zhu is silent as to an interface between the first section and second section is located approximately 0.05 mm and approximately 0.40 mm from a lower surface of the top panel. Furthermore, with regards to claim 10, Zhu is silent as to an interface between the second section and the third section is located approximately 0.40 mm and approximately 0.80 mm from a lower surface of the top panel.
Gibbons teaches a zinc/air cell in the form of a button cell (Title, Abstract) that are typically in the form of miniature button cells which have particular utility as a batteries for electronic hearing aids ([0002]). Gibbons further teaches miniature zinc/air button cell of the invention has a height of between about 2 and 9 mm, and preferably between about 2 and 6 mm ([0031]), which at least overlaps or encompasses the claimed range of an height of the can, as measured along the axis, is between approximately 3.6 mm and approximately 6.0 mm (with regards to claim 8), therefore a prima facie case of obviousness exists (MPEP 2144.05, I).
Gibbons further teaches thin walled anode and cathode casings (refs. 240 and 260) of wall thicknesses between 0.0254 mm and 0.38 mm, particularly with anode and cathode casing wall thicknesses between 0.0508 and 0.127 mm ([0059]). Furthermore, Gibbons teaches an end (Fig. 1, ref. 269) of the anode casing (e.g., in the vertical direction) typically has a closed end ref. 269 having a preferably flat negative terminal surface (Fig. 1, ref. 265).
Gibbons further teaches an interface between the first section and second section is located approximately 0.05 mm and approximately 0.40 mm from a lower surface of the top panel, such that the interface between the first and second section is at least within the height range of 2 and 6 mm ([0031]) as taught by Gibbons and discussed above, and whereby the interface is at least a thickness of greater than zero (e.g., greater than the thickness of the anode and cathode wall thicknesses preferably between 0.0508 mm and 0.127 mm) (See Annotated Fig. 1) from the anode casing (i.e., lower surface of top panel), and such that the skilled artisan would appreciate that since an interface is broad in scope, and since first/second/third section(s) are provided so as that said third section extends between said first/second sections as discussed above in claim 7, said sections at least provide interface(s) so as to be connected, thereby at least providing a range of values that overlaps and/or encompasses the claimed range of located approximately 0.05 mm and approximately 0.40 mm from the lower surface of the top panel (with regards to claim 9), therefore a prima facie case of obviousness exists (MPEP 2144.05, I).
Gibbons further teaches an interface between the second section and the third section is located approximately 0.40 mm and approximately 0.80 mm from a lower surface of the top panel, such that the interface between the second and third section is at least within the height range of 2 and 6 mm ([0031]) as taught by Gibbons, and whereby the interface is at least a thickness of greater than zero (e.g., greater than the thickness of the anode and cathode wall thicknesses preferably between 0.0508 mm and 0.127 mm) (See Annotated Fig. 1) from the anode casing (i.e., lower surface of top panel), and such that the skilled artisan would appreciate that since an interface is broad in scope, and since first/second/third section(s) are provided, said sections at least provide interface(s) so as to be connected, thereby at least providing a range of values that overlaps and/or encompasses the claimed range of an interface between the second section and the third section is located approximately 0.40 mm and approximately 0.80 mm from a lower surface of the top panel, therefore a prima facie case of obviousness exists (MPEP 2144.05, I).
Gibbons further teaches in [0031] the term “miniature cells” or “miniature button cells” as used herein is intended to include such small size button cells, but is not intended to be restricted thereto, since other shapes and sizes for small zinc/air cells is possible, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Zhu with the teachings of Gibbons, whereby the can for a button cell battery including first/second/third section(s) as disclosed by Zhu further includes the height, interface(s), dimension(s) as taught by Gibbons, such that the skilled artisan would appreciate miniature button cells” as used herein is intended to include such small size button cells, but is not intended to be restricted thereto, since other shapes and sizes for small zinc/air cells is possible, etc.
Furthermore, the examiner asserts that changes in size/proportion are not sufficient to patentably distinguish over prior art (MPEP 2144.04, IV., A., B.).
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Annotated Figure 1 (Gibbons)
Regarding claims 14-16, Zhu discloses the can as discussed above in claim 13. However, with regards to claim 14, Zhu is silent as to an interface between the first section and the second section is located approximately 0.05 mm and approximately 0.50 mm from a lower surface of the top panel. Furthermore, with regards to claim 15, Zhu is silent as to the first section has an inner diameter between approximately 7.00 mm and approximately 8.00 mm. Furthermore, with regards to claim 16, Zhu is silent as to an interface between the second section and the third section is located approximately 0.1 mm and approximately 1.0 mm from a lower surface of the top panel.
Gibbons teaches a zinc/air cell in the form of a button cell (Title, Abstract) that are typically in the form of miniature button cells which have particular utility as a batteries for electronic hearing aids ([0002]). Gibbons further teaches miniature zinc/air button cell of the invention has a height of between about 2 and 9 mm, and preferably between about 2 and 6 mm ([0031]).
Gibbons further teaches thin walled anode and cathode casings (refs. 240 and 260) of wall thicknesses between 0.0254 mm and 0.38 mm, particularly with anode and cathode casing wall thicknesses between 0.0508 and 0.127 mm ([0059]). Furthermore, Gibbons teaches an end (Fig. 1, ref. 269) of the anode casing (e.g., in the vertical direction) typically has a closed end ref. 269 having a preferably flat negative terminal surface (Fig. 1, ref. 265).
Gibbons further teaches an interface between the first section and the second section is located approximately 0.05 mm and approximately 0.50 mm from a lower surface of the top panel, such that the interface between the first and second section is at least within the height range of 2 and 6 mm ([0031]) as taught by Gibbons and discussed above, and whereby the interface is at least a thickness of greater than zero (e.g., greater than the thickness of the anode and cathode wall thicknesses preferably between 0.0508 mm and 0.127 mm) (See Annotated Fig. 1 above in claim 8) from the anode casing (i.e., lower surface of top panel), and such that the skilled artisan would appreciate that since an interface is broad in scope, and since first/second/third section(s) are provided so that said third section extends between said first/second sections as discussed above in claim 13, said sections at least provide interface(s) so as to be connected, thereby at least providing a range of values that overlaps and/or encompasses the claimed range of located approximately 0.05 mm and approximately 0.50 mm from the lower surface of the top panel (with regards to claim 14), therefore a prima facie case of obviousness exists (MPEP 2144.05, I).
Gibbons further teaches in [0026] the miniature zinc/air cell of the invention typically has a disk-like cylindrical shape of diameter typically between about 4 and 16 mm, etc. (also see [0031], [0036], [0069]), such that said first section is at least within the range of the disk-like cylindrical diameter shape, and which at least provides a range of diameters that overlap and/or encompass the claimed range of the first section has an inner diameter between approximately 7.00 mm and approximately 8.00 mm (with regards to claim 15), thus a prima facie case of obviousness exists (MPEP 2144.05, I).
Gibbons further teaches an interface between the second section and the third section is located approximately 0.1 mm and approximately 1.0 mm from a lower surface of the top panel, such that the interface between the second and third section is at least within the height range of 2 and 6 mm ([0031]) as taught by Gibbons, and whereby the interface is at least a thickness of greater than zero (e.g., greater than the thickness of the anode and cathode wall thicknesses preferably between 0.0508 mm and 0.127 mm) (See Annotated Fig. 1 above in claim 8) from the anode casing (i.e., lower surface of top panel), and such that the skilled artisan would appreciate that since an interface is broad in scope, and since first/second/third section(s) are provided, said sections at least provide interface(s) so as to be connected, thereby at least providing a range of values that overlaps and/or encompasses the claimed range of an interface between the second section and the third section is located approximately 0.1 mm and approximately 1.0 mm from a lower surface of the top panel (with regards to claim 16), therefore a prima facie case of obviousness exists (MPEP 2144.05, I).
Gibbons further teaches in [0031] the term “miniature cells” or “miniature button cells” as used herein is intended to include such small size button cells, but is not intended to be restricted thereto, since other shapes and sizes for small zinc/air cells is possible, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Zhu with the teachings of Gibbons, whereby the can for a button cell battery including first/second/third section(s) as disclosed by Zhu further includes the height, interface(s), dimension(s) as taught by Gibbons, such that the skilled artisan would appreciate miniature button cells” as used herein is intended to include such small size button cells, but is not intended to be restricted thereto, since other shapes and sizes for small zinc/air cells is possible, etc.
Furthermore, the examiner asserts that changes in size/proportion are not sufficient to patentably distinguish over prior art (MPEP 2144.04, IV., A., B.).
Claims 18-19 are rejected under 35 U.S.C. 103 as being unpatentable over Zhu as applied to claim 13 above, and further in view of Dopp (U.S. Patent US 4,791,034), hereinafter Dopp, and further in view of Gibbons et al. (U.S. PGPub US 2007/0224495 A1), hereinafter Gibbons.
Regarding claims 18-19, Zhu discloses the can as discussed above in claim 13. Although Zhu is silent as to the second angle is between approximately 10 degrees and approximately 15 degrees (with regards to claim 18), and the second angle is between approximately 8 degrees and approximately 12 degrees (with regards to claim 19), since Zhu discloses the third section comprises a transition portion that is substantially vertical relative to a lower surface of the top panel (i.e., at least See Annotated Fig. 8 above in claim 13, such that ref. 523a is at least a transition portion that is substantially vertical relative to a lower surface of the top panel so as to be a cylindrical side structure as discussed above in claim 20, and lacking any further distinction thereof, also see [0031]-[0032], [0034]-[0037], [0040]-[0047]), the skilled artisan would appreciate that this at least provides a value close to the claimed range of the second angle is between approximately 10 degrees and approximately 15 degrees (with regards to claim 18), and the second angle is between approximately 8 degrees and approximately 12 degrees (with regards to claim 19), thus a prima facie case of obviousness exists (MPEP 2144.05, I).
In the alternative, Dopp teaches a sealing sleeve (Title), whereby as taught in [C4:L35-68] the grommet ref. 20 includes a grooved flange portion ref. 6 having groove ref. 7 for receiving the edge of an electrolyte-containing cannister such as top edge ref. 12 of anode ref. 8, shown in Fig. 3, and whereby this unflared region extends from the open side of the grommet having said flange portion ref. 6 and extends until meeting a flared region ref. 14 wherein circular cross sections taken along line ref. A are of progressively decreasing diameter from open end ref. 11 which is opposite flange portion ref. 6 until the beginning of unflared region ref. 71, such that the flared region may form an angle, relative to the position of the unflared region would occupy if it extended to the height of the flared region, of from about 5 degrees to about 15 degrees, etc., such that the skilled artisan would understand said flared portion of the grommet at least follows the contour of the anode ref. 8 as shown in Figs. 3-6, and which provides a range that overlaps and/or encompasses the claimed range of the second angle is between approximately 10 degrees and approximately 15 degrees (with regards to claim 18), and the second angle is between approximately 8 degrees and approximately 12 degrees (with regards to claim 19), thus a prima facie case of obviousness exists (MPEP 2144.05, I).
Dopp further teaches in [C1:L5-11] this invention relates generally to sealing sleeves, and to their use as components of products such as electrochemical cells, and more particularly to an improved seal grommet for small electrochemical cells, and whereby such grommets provide improved seal integrity and simplified cell assembly.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified Zhu with the teachings of Gibbons, whereby the can for a button cell battery including first/second/third section(s) and substantially vertical third section and second angle as disclosed by Zhu further includes the second angle as taught by Dopp so as to provide sealing sleeves, and their use as components of products such as electrochemical cells, and more particularly to an improved seal grommet for small electrochemical cells, and whereby such grommets provide improved seal integrity and simplified cell assembly.
However, with regards to claim 18, Zhu is silent as to the third section has a height between approximately 0.20 mm and approximately 0.30 mm. Furthermore, with regards to claim 19, Zhu is silent as to the third section has a height between approximately 0.40 mm and approximately 0.60 mm.
Gibbons teaches a zinc/air cell in the form of a button cell (Title, Abstract) that are typically in the form of miniature button cells which have particular utility as a batteries for electronic hearing aids ([0002]). Gibbons further teaches miniature zinc/air button cell of the invention has a height of between about 2 and 9 mm, and preferably between about 2 and 6 mm ([0031]).
Gibbons further teaches thin walled anode and cathode casings (refs. 240 and 260) of wall thicknesses between 0.0254 mm and 0.38 mm, particularly with anode and cathode casing wall thicknesses between 0.0508 and 0.127 mm ([0059]). Furthermore, Gibbons teaches an end (Fig. 1, ref. 269) of the anode casing (e.g., in the vertical direction) typically has a closed end ref. 269 having a preferably flat negative terminal surface (Fig. 1, ref. 265).
Gibbons further teaches the third section has a height between approximately 0.20 mm and approximately 0.30 mm (with regards to claim 18), and at least further teaches the third section has a height between approximately 0.40 mm and approximately 0.60 mm (with regards to claim 19), such that the height is at least within the height range of 2 and 6 mm ([0031]) as taught by Gibbons and discussed above, and such that the skilled artisan would appreciate that since first/second/third section(s) are provided so that said third section extends between said first/second sections as discussed above in claim 13 and shown in Annotated Fig. 1 above in claim 8, said sections at least provide height(s) so as to be connected, thereby at least providing a range of values that overlaps and/or encompasses the claimed range of the third section has a height between approximately 0.20 mm and approximately 0.30 mm (with regards to claim 18), and at least further teaches the third section has a height between approximately 0.40 mm and approximately 0.60 mm (with regards to claim 19), therefore a prima facie case of obviousness exists (MPEP 2144.05, I).
Gibbons further teaches in [0031] the term “miniature cells” or “miniature button cells” as used herein is intended to include such small size button cells, but is not intended to be restricted thereto, since other shapes and sizes for small zinc/air cells is possible, etc.
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date to have modified the combined teachings of Zhu and Dopp with the teachings of Gibbons, whereby the can for a button cell battery including first/second/third section(s) as disclosed by the combined teachings of Zhu and Dopp further includes the height, interface(s), dimension(s), etc., as taught by Gibbons, such that the skilled artisan would appreciate miniature button cells” as used herein is intended to include such small size button cells, but is not intended to be restricted thereto, since other shapes and sizes for small zinc/air cells is possible, etc.
Furthermore, the examiner asserts that changes in size/proportion are not sufficient to patentably distinguish over prior art (MPEP 2144.04, IV., A., B.).
Response to Arguments
Applicant’s arguments with respect to claim(s) 7, 11-13, 17 and 20 rejected under 35 U.S.C. 102 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument, such as Fig. 10 of Zhu upon which the examiner relied previously. Therefore, in light of the amendments to the claims, a new grounds of 35 U.S.C. 102 rejection is made for claims 7, 11-13, 17 and 20 in view of Zhu, whereby Fig. 8 is relied upon to meet the limitations as currently claimed. See the current 35 U.S.C. 102 rejection of record for the claims that depend therefrom.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Chemelewski (U.S. PGPub US 2015/0147616 A1) discloses a button cell casings suitable for non-aqueous cells (Title), whereby as disclosed in [0074] the housing has a first outer dimension (e.g., diameter) 111, e.g., an outer diameter of less than 25 mm, e.g., less than 10 mm, such that a dimension is any suitable dimension for the desired battery size.
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 event a first 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-MONTH shortened statutory 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOSHUA PATRICK MCCLURE whose telephone number is (571)272-2742. The examiner can normally be reached Monday-Friday 8:30am-5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached on (571) 272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA P MCCLURE/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727