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 .
Response to Arguments
Applicant's arguments filed 2-6-2026 have been fully considered but they are not persuasive. The rejection of claims 13-14 remain rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 and 6 of prior U.S. Patent No. US 12,237,511.
Terminal Disclaimer
The terminal disclaimer filed on 2-6-2026 disclaiming the terminal portion of any patent granted on this application which would extend beyond the expiration date of U.S. Patent No. 12,237,511 has been reviewed and is accepted. The terminal disclaimer has been recorded. Therefore, the rejection of claims 13-14 rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-9 of U.S. Patent No. 12,237,511 has been withdrawn.
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 13-14 are rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1 and 6 of prior U.S. Patent No. US 12,237,511. This is a statutory double patenting rejection. U.S. Patent No. US 12,237,511 claims in claim 1, a method of making a glassy embedded electrode (cathode) because the claim comprises a cathode active material assembly, the method comprising:i) providing a porous electroactive network comprising a cathode active material pore;ii) coating the electroactive network surfaces with a protective nanofilm that covers the cathode active material pore surfaces; ANDiii) impregnating the pores of the electroactive network with a prepreg [impregnating a liquid phase dispersion of lithium-sulfide glass particles in a solvent and evaporating the solvent, from claim 6]. Thus, claiming the same as instant claim 13. U.S. Patent No. US 12,237,511 claims in claim 1, iii) impregnating the pores of the electroactive network with a prepreg and heating the prepreg to cause the glass particles to viscously sinter to each other forming a continuous glassy medium into penetrating with the electroactive network. Thus, claiming the same as instant claim 14. Allowable Subject Matter
Claim 15 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Uchida (JP2010123463) teaches in Figure 1, an all-solid-state lithium ion battery (100) comprising a positive electrode (10) comprising a current collector (14) and a porous positive electrode active material layer (16) [thereby satisfying providing a porous electroactive network comprising an active material]; and a solid electrolyte layer (30) comprising LiPON (lithium phosphate oxynitride glass) [thereby the method of coating with a protective nanofilm with lithium phosphorous sulfide glass, claim 15]. Uchida teaches wherein the solid electrolyte is deposited [fig.1-electrolyte 30, positive electrode active material layer 16] on a porous cathode active material layer and is embedded into the pores of the electrode active material layer. The solid electrolyte thereby encapsulates and extends into the depth of the electroactive network as claimed.
Conclusion
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 nonprovisional extension fee (37 CFR 1.17(a)) 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 mailing date of this final action.
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/LAURA S. WEINER/
Primary Examiner
Art Unit 1723
/Laura Weiner/Primary Examiner, Art Unit 1723
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