IN THE UNITED STATES PATENT AND TRADEMARK OFFICE
`
`Art Unit
`
`: 1726
`
`Customer No; 035811
`
`Examiner
`Serial No.
`Filed
`Inventors
`
`: Julian Anthony
`: 13/146,669
`: July 28, 2011
`: Eduard Pytlik
`:
`Illa-gen Lindncr
`: Ulrich Barcnthin
`
`Title
`
`: Winfried Gaugicr
`: BUTTON CELLS AND METHOD
`: FOR PRODUCING SAME
`
`Docket No: RUF-l 1—1270
`
`Confirmation No: 6273
`
`Dated: May 2, 2014
`
`RESPONSE
`
`Mail Stop Amendment
`Commissioner for Patents
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`Sir:
`
`In response to the Official Action dated March 27, 2014,
`
`the Applicants amend the
`
`application as follows:
`
`EASTWSMGSO 1.1
`
`VARTA Ex. 2058 Page 1 of 8
`PEAG/Audio Partnership v. VARTA
`|PR2020-01212
`
`VARTA Ex. 2058 Page 1 of 8
`PEAG/Audio Partnership v. VARTA
`IPR2020-01212
`
`
`
`Art Unit
`
`: 1726
`
`Customer No; 035811
`
`Examiner
`Serial No.
`Filed
`Inventors
`
`: Julian Anthony
`: 13/146,669
`: July 28, 2011
`: Eduard Pytlik
`:
`Illa-gen Lindncr
`: Ulrich Barcnthin
`
`Title
`
`: Winfried Gaugicr
`: BUTTON CELLS AND METHOD
`: FOR PRODUCING SAME
`
`Docket No: RUF-l 1—1270
`
`Confirmation No: 6273
`
`Dated: May 2, 2014
`
`RESPONSE
`
`Mail Stop Amendment
`Commissioner for Patents
`PO. Box 1450
`
`Alexandria, VA 22313-1450
`
`Sir:
`
`In response to the Official Action dated March 27, 2014,
`
`the Applicants amend the
`
`application as follows:
`
`EASTWSMGSO 1.1
`
`VARTA Ex. 2058 Page 1 of 8
`PEAG/Audio Partnership v. VARTA
`|PR2020-01212
`
`VARTA Ex. 2058 Page 1 of 8
`PEAG/Audio Partnership v. VARTA
`IPR2020-01212
`
`
`
`In the Claims
`
`1.
`
`(Currently Amended) A button cell comprising:
`
`a housing cup and a housing top separated from one another by an electrically
`
`insulating seal and which form a housing with a flat bottom area and a flat top area
`
`parallel to it, and
`
`an electrode—separator assembly within the housing comprising at
`
`least one
`
`positive and at least one negative electrode in the form of flat layers and connected to one
`
`another by at least one flat separator,
`
`wherein the electrode layers are aligned essentially at right angles to the flat
`
`bottom and top areas and the button cell is closed without being beaded over: and the electrode-
`
`separator assembly is in the form ot‘a spiral winding whose end faces face in a direction of the
`
`flat bottom area and the flat top area.
`
`2.
`
`(Previously Presented) The button celi as claimed in claim 1, wherein the
`
`electrodes atrdfor the separator arefis in the form of strips or ribbons.
`
`3.
`
`(Cancelled)
`
`4.
`
`(Currently Amended) The button cell as claimed in claim [5]] l, wherein the
`
`winding has an axial cavity in its centeri which axial cavity is at least partially filled by a
`
`winding core.
`
`EAS'IN75846SOI .l
`
`2
`
`VARTA Ex. 2058 Page 2 of 8
`
`VARTA Ex. 2058 Page 2 of 8
`
`
`
`5.
`
`(Previously Presented) The button cell as claimed in claim I, wherein the
`
`electrode—separator assembly has one of the following layer sequences:
`
`negative electrode/separator/positive electi'odefseparatot' and
`
`positive electrode/separator/negative electrode/separator.
`
`6.
`
`{Freviously Presented) The button cell as claimed in claim 1. wherein the positive
`
`electrode and/or the negative electrode arefis connected via an output conductor to the housing in
`
`an area of the flat bottom area and/or of the flat top area.
`
`7.
`
`(Currently Amended) The button cell as claimed in claim [[3]] 1,
`
`further
`
`comprising at least one insulator which prevents direct mechanical and electrical contact between
`
`the end faces of the winding and the flat bottom and top areas.
`
`8.
`
`(Previously Presented) The button cell as claimed in claim 7, wherein the at least
`
`one insulator is a flat layer composed of plastic arranged between the end faces of the winding
`
`and the flat bottom and top areas.
`
`9.
`
`(Previously Presented) The button cell as claimed in claim 1, which is
`
`rechargeable.
`
`'10.
`
`(Previously Presented) The button cell as claimed in claim 1, having a
`
`heightzdiameter ratio of < l.
`
`EAST\7584650|.1
`
`D.)
`
`VARTA Ex. 2058 Page 3 of 8
`
`VARTA Ex. 2058 Page 3 of 8
`
`
`
`l 1,
`
`(Previously Presented) A method for producing a button cell according to claim 1,
`
`comprising inserting an electrode-separator assembly with electrodes in the form of a flat layer
`
`into the housing such that the electrode layers are aligned essentially at right angles to the flat
`
`bottom and top areas, wherein the housing comprises a metallic cup part and a metallic top part.
`
`12.
`
`(Previously Presented) The method as claimed in claim 1 1, wherein the electrode—
`
`separator assembly is inserted as a winding.
`
`13.
`
`(Previously Presented) The method as claimed in claim 12, further comprising:
`
`inserting the winding into the metallic top part, and
`
`inserting the metallic top part with the winding into a metallic cup part.
`
`14.
`
`(Previously Presented) The method as claimed in claim 12, wherein the winding
`
`is heat-treated on its end faces before being installed, with it being at least for a short time
`
`subjected to a temperature at which the separator is thennoplastically deformable.
`
`liAST\7584650|.l
`
`4
`
`VARTA Ex. 2058 Page 4 of 8
`
`VARTA Ex. 2058 Page 4 of 8
`
`
`
`Remarks
`
`The Applicants have amended Claim 1 to include the subject matter ot‘Claim 3.
`
`Claim 3 has been cancelled in View ol‘the inclusion ofthat subject matter into Claim 1.
`
`Claim 4 has also been amended to depend from Claim 1
`
`in View of the cancellation of
`
`Claim 3.
`
`Finally, Claim 7' has similarly been amended in View of the cancellation of Claim 3.
`
`Entry of the above amendments and cancellation into the official file and consideration
`
`on the merits is respectfully requested.
`
`The Applicants enclose a new Fig. 4 and respectfully request that it be entered into the
`
`official file.
`
`The drawings stand objected to with respect to the claimed insulator which prevents
`
`direct mechanical and electrical contacts between the end faces of the winding and the flat
`
`bottom of top areas must be shown. The Applicants note that original Claim 4 shows such an
`
`insulator with respect to reference numbers 41 l and 412. However, the originally submitted Fig.
`
`4 shows a button cell that is closed in a classical manner with an edge of the cell cup 401 being
`
`beaded inward over an edge of the cell top 402. New Fig. 4 has been modified such that the
`
`button cell 400 is closed without being beaded over in accordance with Claim 1 and, also, in
`
`accordance with the claimed feature wherein the insulator prevents direct and electrical contact
`
`between the end faces of the winding in the flat bottom and top areas. Withdrawal of the
`
`objections to the drawings is respectfully requested.
`
`Claims 1. 2, 6. 10 and 11 stand rejected under 35 USC {$102 as being anticipated by
`
`Nakayama. The Applicants respectfully submit that the rejection is moot in View of the addition
`
`EAS’TWSS‘IGSOH
`
`5
`
`VARTA Ex. 2058 Page 5 of 8
`
`VARTA Ex. 2058 Page 5 of 8
`
`
`
`of the subject matter of Claim 3 into Claim 3. Withdrawal of the rejection is respectfltlly
`
`requested.
`
`Claims 3-5, 9. 12 and 13 stand rejected under 35 USC §103 over the combinatiori of
`
`Suzuki with Nakayama. The Applicants note that the rejection is technically moot with respect
`
`to cancelled Claim 3. Nonetheless, the Applicants will address the substance 01‘ that rejection as
`
`it could theoretically apply to Claims l and ll.
`
`The rejection frankly acknowledges that Nakayama does not disclose a spiral winding.
`
`Hence, the rejection turns to Suzuki for such disclosure. However, the Applicants respectfully
`
`submit that importing the teachings of Suzuki
`
`into Nakayama would still result in a different
`
`button cell and a different method of producing a button cell as recited in Claims 1 and 11.
`
`respectively.
`
`Suzuki indeed discloses a spiral winding (Fig. 2). However, the end faces of the winding
`
`in Fig. 2 of Suzuki do not face in the direction of the flat bottom area and the flat top area. This
`
`difference is important. The Applicants explain in para. [0020] of their specification that a right—
`
`angled alignment of electrode layers (to the flat bottom and top areas)
`
`is unexpectedly
`
`advantageous. Lithium electrodes have a volume expansion and shrink during charging and
`
`discharging. It'a lithium electrode is in the form ot'a flat layer, in particular in the form ofa flat
`
`layer being spirally winded,
`
`the expansion/shrink .is directional. Mechanical forces resulting
`
`from the expansion/shrink do act in this case in a radial direction much stronger than in an axial
`
`direction.
`
`This allows the use of a housing of a housing cup and a housing top which is closed
`
`without being headed over. All mechanical forces resulting from the charging and discharging
`
`processes can be absorbed by the (radial) casing area and not by the flat bottom and top areas.
`
`EASTWSMGSO} .l
`
`6
`
`VARTA Ex. 2058 Page 6 of 8
`
`VARTA Ex. 2058 Page 6 of 8
`
`
`
`Mach or suggesi [115:5 unexpecied advantage and inherently fang '{0 disclnse, teach or suggest the
`
`Structure which msuli’s in this advantage.
`
`i‘feme, even ifcme skilkd in the art, were“. m import. the
`
`teachings of Suzuki inm Nakayama as set forth in the rejemim. both the ranking ‘bmmn cells
`
`and: the mathod of making such a button ceii would he: diff‘erem from the subjsc: matter of
`
`iimependem {liaim l. Withdrawal! ofthe mieci‘mn is accurdingiy respectfuliy requssied.
`
`Ciaims '7, 8 and 14 stand reiected under 35 USC §1{}3 owr {316 further combinatinn 0f
`
`Cantavc with Suzuki and Namyama.
`
`'fhe Applicants rcspectfuiiy submit than Cantata-“e fails to
`
`cure the dei'icimcies set. {mm abn‘ve with respect in the mmbination of Suzuki with Nakayama.
`
`\‘v"i£hdt‘3W31 Dfihi: mkcfian is respectfuiiy requcsmd.
`
`in light m" 1119 foregoing, the Appficams raspectfuily submit ma: the emire application is
`
`now in C(mdi‘mn for anuwance, which is reasptcifuiiy submii'ied.
`
`$3. submineat
`Respect
`
`i“ ““
`
`‘1‘. DamiE'l Chrismnimry
`Reg. No. 31,?50
`
`"rmrrvp
`{325) 556438:
`
`EASTWS 8465!}! .1
`
`7
`
`VARTA Ex. 2058 Page 7 of 8
`
`VARTA Ex. 2058 Page 7 of 8
`
`
`
`NEW SHEET
`
`N
`
`v......
`
`4 yam-gyway;
`
`auItnuprnnrnuI
`
`
`
`
`
`
`
`
`
`SHNHHKNHE¥\\\\\\\\\\\\3v.3-.f/Juflfir/frfilff/IIIJPHfIf/fflffifarllJ/arvzfinrffia.:.IQHKNNNNKKBfik!\.§.§fi\\\\\\wl.“ml[I'll/llfl’lJf/l/fivar/IIthlzyAr/I/ifIl/é:I”an.I.la.‘1l2fl.flfdfif/I/flff/Il/flVlfllflff/lilf/f’lll/JflufaI.s.5llfi\.\k\\§\\!\.\NNKK‘NMSR‘WNLw4.4.“uIFlfffllllf)?t?ilyf..T/f/A/fdflrfllfiffififif!vI4
`
`
`
`
`‘will)?[III/I/f/{f/le/f/IIJFJJHIJHJr/JVIKH/ar/dI.§\~."~§‘-.‘-‘\-‘--“\EIni’l’f/ff/ff/fflf/{lf‘riff/f/fflf/fl/f/ffI/Iépfi;I.nllSuflnfifih‘kfifikNfiKHKN‘hskvfi.I
`
`
`.IIiiitfisafi‘\\h\.\i\hi\§§s\k.I.I29/11.47%vili/H/l/flllfidfi/Ar/zdraffiffdrfi.I
`I!(J.Ifr.5:it.33da.d#l.wvditouolitoibdj.‘14.nllaahflb‘aunl
`
`
`~\§\\\NR§N§§\N\\\\\\N\N\K§I
`
`.a?!”pk/éfI/ff/IXfif/fflyilcrfl/IilllfflllflI
`
`frag
`
`(IT
`
`409
`
`412
`
`Fig. 4
`
`VARTA Ex. 2058 Page 8 of 8
`
`VARTA Ex. 2058 Page 8 of 8
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
