DETAILED ACTION
Claim Objections
Claims 2, 7, and 12 are objected to because of the following informalities:
In line 6 of claim 1, “the adverse layer” should recite “the aversive layer”.
In line 6-7 of claim 2, “in an outer surface of at least the sealing plate and the battery can” should recite “in the outer surface of at least one of the sealing plate and the battery can”.
In line 9 of claim 2, “the adverse layer” should recite “the aversive layer”.
In line 9 of claim 2, “provided at the engraved portion” should recite “provided on the engraved portion” in view of [0010] of the present specification.
In line 2 of claim 7, “on an outer surface of the sealing plate” should recite “on the outer surface of the sealing plate”.
In lines 1-2 of claim 12, “on an outer surface of the sealing plate” should recite “on the outer surface of the sealing plate”.
Appropriate correction is required.
Claim Rejections - 35 USC § 102
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)(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 effective filing 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, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 59-154762 U (Sugimoto – citing to the English translation provided with the IDS filed on February 19, 2024).
Regarding claim 1, Sugimoto teaches a coin cell battery (a small battery 1; Fig. 1) comprising:
a sealing plate having one polarity (positive electrode 3; Fig. 1);
a battery can having another polarity (negative electrode 4; Fig. 1); and
an aversive layer provided on an outer surface of at least one of the sealing plate and the battery can (an anti-swallowing substance 2 coated on the positive electrode 3 and the negative electrode 4; Fig. 1), the aversive layer containing an aversive agent (the substance 2 containing a bitter component), wherein
a mark made of the aversive layer is provided on the outer surface of the at least one of the sealing plate and the battery can, the mark comprising a letter, a number, a symbol, a shape, a color, or a combination thereof (the substance 2 is provided in a rectangular shape to a portion of the positive electrode 3 and the negative electrode 4 in a plurality of locations that would not cause a contact failure with a contact piece of a device; Figs. 1 & 2).
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Regarding claim 7, Sugimoto teaches the coin cell battery of claim 1, wherein the mark is formed on the outer surface of the sealing plate (as shown in Fig. 1, the substance 2 is formed on the outer surface of the positive electrode 3).
Claims 2, 11, and 12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP 59-06266 U (Kato – citing to the English translation provided with the IDS filed on February 19, 2024).
Regarding claim 2, Kato teaches a coin cell battery (a button cell; Fig. 1) comprising:
a sealing plate having one polarity (cathode 2; Fig. 1);
a battery can having another polarity (anode 1; Fig. 1); and
an aversive layer provided on an outer surface of at least one of the sealing plate and the battery can (a mixture 5 is provided in a plurality of locations on the outer surfaces of the cathode 2 and the anode 1; Fig. 1), the aversive layer containing an aversive agent (the mixture 5 contains a bitter substance), wherein
an engraved portion is formed in the outer surface of at least one of the sealing plate and the battery can, the engraved portion being a letter, a number, a symbol, a shape, or a combination thereof (a plurality of shallow recesses 4 are provided on the outer surfaces of the cathode 2 and the anode 1 in a circular shape; Fig. 1), and
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a mark made of the adverse layer is provided on the engraved portion (the mixture 5 is applied to the bottom portion of the recesses 4; Fig. 1).
Regarding claim 11, Kato teaches the coin cell battery of claim 2, wherein the aversive layer is formed in a dot pattern (as shown in Fig. 1, the recesses 4 are circular and are formed in a dot pattern, wherein the recesses 4 are applied with the bitter substance 5 therein).
Regarding claim 12, Kato teaches the coin cell battery of claim 2, wherein the mark is formed on the outer surface of the sealing plate (as shown in Fig. 1, the recesses 4 that are applied with the bitter substance 5 are formed on the outer surface of the cathode 2).
Claim Rejections - 35 USC § 103
The following is a quotation of 35 U.S.C. 103 which forms the basis for 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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of 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 pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing 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 effective filing 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.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over JP 59-154762 U (Sugimoto – citing to the English translation provided with the IDS filed on February 19, 2024) in view of US 20120244409 A1 (Ok ‘409).
Regarding claim 3, Sugimoto teaches the coin cell battery of claim 1, but does not expressly disclose wherein the aversive agent contains denatonium benzoate.
Ok ‘409 discloses aversive agent compositions that can be applied, adhesively affixed, or bonded to one or more surfaces of a battery, such as a button cell battery ([0026]). Aversive agents provide offensive and obstructive flavors such as bitterness or pungency ([0026]). The aversive agent may include, for example, denatonium benzoate ([0027]). Therefore, it would have been obvious to a person of ordinary skill, prior to the effective filing date of the claimed invention, to select denatonium benzoate as the aversive agent, as suggested by Ok ‘409, in the coin cell battery, as taught by Sugimoto, because, the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Claims 4, 5, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over JP 59-154762 U (Sugimoto – citing to the English translation provided with the IDS filed on February 19, 2024) in view of KR 20130093183 A (Kang ‘183).
Regarding claim 4, Sugimoto teaches the coin cell battery of claim 1, but does not expressly disclose wherein the aversive layer is electrically conductive.
Kang ‘183 teaches a surface-treated battery 10 for preventing inhalation accidents, wherein the surface of the battery 10 is configured to include an aversion flavoring agent 11 so that when the user puts the battery 10 into their mouth an aversion flavoring agent 11 is provided through the sense of taste ([0025]). The aversion complexing agent may be formed on the front or rear surface of a coin-type battery 10 by including a conductive material in the solution of the aversion complexing agent ([0031]). The aversion-inducing flavoring agent 11 performs the function of causing a child to spit out the battery 10 without swallowing it in their mouth due to the strong taste ([0032]).
Therefore, it would have been obvious to a person of ordinary skill, prior to the effective filing date of the claimed invention, to provide that the aversive layer is electrically conductive by including a conductive material in the solution of the aversion complexing agent of the aversive layer, as suggested by Kang ‘183, in the coin cell battery, as taught by Sugimoto, to provide a battery with an electrically conductive aversion agent that still performs the function of causing a child to spit out the battery without swallowing it.
Regarding claim 5, Sugimoto teaches the coin cell battery of claim 1, but does not expressly disclose wherein the aversive layer is colored, or is configured to generate color or emit light upon having light applied thereto.
Kang ‘183 teaches a surface-treated battery 10 for preventing inhalation accidents, wherein the surface of the battery 10 is configured to include an aversion flavoring agent 11 so that when the user puts the battery 10 into their mouth an aversion flavoring agent 11 is provided through the sense of taste ([0025]). It is preferable that the battery 10 further includes a verification colorant 12 on the surface thereof so that the inside of the mouth is colored to verify when a user puts the battery 10 into their mouth ([0033]). The coloring agent 12 for verification reacts with saliva when placed in the mouth and provides the effect of coloring the inside of the mouth with a specific color ([0033]).
Therefore, it would have been obvious to a person of ordinary skill, prior to the effective filing date of the claimed invention, to further include a coloring agent that reacts with saliva and colors the inside of the mouth to verify when a user puts the battery into their mouth, as suggested by Kang ‘183, in the aversive layer of the coin cell battery, as taught by Sugimoto.
Regarding claim 6, Sugimoto teaches the coin cell battery of claim 1, but does not expressly disclose wherein the aversive layer is formed in a dot pattern.
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Kang ‘183 teaches a surface-treated battery 10 for preventing inhalation accidents, wherein the surface of the battery 10 is configured to include an aversion flavoring agent 11 so that when the user puts the battery 10 into their mouth an aversion flavoring agent 11 is provided through the sense of taste ([0025]). The aversion complexing agent may be formed on the front or rear surface of a coin-type battery 10 by including a conductive material in the solution of the aversion complexing agent ([0031]). The aversion-inducing flavoring agent 11 performs the function of causing a child to spit out the battery 10 without swallowing it in their mouth due to the strong taste ([0032]). The aversion agent may be included in an ink 30 that prints characters, symbols, etc. on the surface of the battery 10 and attaching it to the surface of the battery 10 ([0036])
As shown in Fig. 3, the aversion agent 11 may be provided in a dot pattern on the positive surface of the coin-type battery 10.
Therefore, it would have been obvious to a person of ordinary skill, prior to the effective filing date of the claimed invention, to provide that the aversion layer of the coin cell battery, as taught by Sugimoto, is formed in a dot pattern by including it an ink that is printed and attached to the surface of the battery, as suggested by Kang ‘183, wherein the aversion agent of the aversion layer performs the function of causing a child to spit out the battery without swallowing it in their mouth due to the strong taste.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over J JP 59-06266 U (Kato – citing to the English translation provided with the IDS filed on February 19, 2024) in view of US 20120244409 A1 (Ok ‘409).
Regarding claim 8, Kato teaches the coin cell battery of claim 2, but does not expressly disclose wherein the aversive agent contains denatonium benzoate.
Ok ‘409 discloses aversive agent compositions that can be applied, adhesively affixed, or bonded to one or more surfaces of a battery, such as a button cell battery ([0026]). Aversive agents provide offensive and obstructive flavors such as bitterness or pungency ([0026]). The aversive agent may include, for example, denatonium benzoate ([0027]). Therefore, it would have been obvious to a person of ordinary skill, prior to the effective filing date of the claimed invention, to select denatonium benzoate as the aversive agent, as suggested by Ok ‘409, in the coin cell battery, as taught by Kato, because, the selection of a known material, which is based upon its suitability for the intended use, is within the ambit of one of ordinary skill in the art. See In re Leshin, 125 USPQ 416 (CCPA 1960) (see MPEP § 2144.07).
Claims 9 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over JP 59-06266 U (Kato – citing to the English translation provided with the IDS filed on February 19, 2024) in view of KR 20130093183 A (Kang ‘183).
Regarding claim 9, Kato teaches the coin cell battery of claim 2, but does not expressly disclose wherein the aversive layer is electrically conductive.
Kang ‘183 teaches a surface-treated battery 10 for preventing inhalation accidents, wherein the surface of the battery 10 is configured to include an aversion flavoring agent 11 so that when the user puts the battery 10 into their mouth an aversion flavoring agent 11 is provided through the sense of taste ([0025]). The aversion complexing agent may be formed on the front or rear surface of a coin-type battery 10 by including a conductive material in the solution of the aversion complexing agent ([0031]). The aversion-inducing flavoring agent 11 performs the function of causing a child to spit out the battery 10 without swallowing it in their mouth due to the strong taste ([0032]).
Therefore, it would have been obvious to a person of ordinary skill, prior to the effective filing date of the claimed invention, to provide that the aversive layer is electrically conductive by including a conductive material in the solution of the aversion complexing agent of the aversive layer, as suggested by Kang ‘183, in the coin cell battery, as taught by Kato, to provide a battery with an electrically conductive aversion agent that still performs the function of causing a child to spit out the battery without swallowing it.
Regarding claim 10, Kato teaches the coin cell battery of claim 2, but does not expressly disclose wherein the aversive layer is colored, or is configured to generate color or emit light upon having light applied thereto.
Kang ‘183 teaches a surface-treated battery 10 for preventing inhalation accidents, wherein the surface of the battery 10 is configured to include an aversion flavoring agent 11 so that when the user puts the battery 10 into their mouth an aversion flavoring agent 11 is provided through the sense of taste ([0025]). It is preferable that the battery 10 further includes a verification colorant 12 on the surface thereof so that the inside of the mouth is colored to verify when a user puts the battery 10 into their mouth ([0033]). The coloring agent 12 for verification reacts with saliva when placed in the mouth and provides the effect of coloring the inside of the mouth with a specific color ([0033]).
Therefore, it would have been obvious to a person of ordinary skill, prior to the effective filing date of the claimed invention, to further include a coloring agent that reacts with saliva and colors the inside of the mouth to verify when a user puts the battery into their mouth, as suggested by Kang ‘183, in the aversive layer of the coin cell battery, as taught by Kato.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TAYLOR H KRONE whose telephone number is (571)270-5064. The examiner can normally be reached Monday through Friday from 9:00 AM - 6:00 PM EST.
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/TAYLOR HARRISON KRONE/Examiner, Art Unit 1725
/JONATHAN CREPEAU/Primary Examiner, Art Unit 1725
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