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 Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 21 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 21 recites a limitation which is substantially identical to the limitation recited in claim 4 and both claims depend from claim 1. Thus, new claim 21 fails to further limit the subject matter of claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Response to Arguments
Applicant’s arguments, see pages 7-11, filed 9/15/2025, with respect to the rejection of claims 1, 2, 4, 6-11, 18 and 19 under 35 U.S.C. 102(a)(1) as being anticipated by WO 2020/083562A1 have been fully considered and are persuasive. Thus, the 35 U.S.C. 102(a)(1) rejection of claims 1, 2, 4, 6-11, 18 and 19 as being anticipated by WO 2020/083562A1 has been withdrawn.
Allowable Subject Matter
Claims 1-11 and 16-19 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: The closest prior art of record, WO 2020/083562, fails to teach or reasonably suggest the distinct features of “wherein in a region overlapping the at least one separating line at least one recess forming a closed contour is introduced in the first flat electrode, which at least one recess surrounds a portion of the first flat electrode and electrically insulates the portion of the first flat electrode situated within the at least one recess from a surface region of the first flat electrode situated outside the at least one recess”, as recited in independent claim 1 in combination with the other limitations of claim 1; the distinct feature of “wherein a distance between the at least one recess and the second bus bar is 0.2 mm to 20 mm”, as recited in independent claim 3 in combination with the other limitations of claim 3; and the distinct feature of “wherein a diameter of the at least one recess is 0.5 mm to 5.0 mm”, as recited in independent claim 5 in combination with the other limitations of claim 5. Furthermore, the Examiner is relying on Applicant’s arguments filed 9/15/2025 as basis for the allowance.
Conclusion
Applicant's amendment necessitated the new ground 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CATHERINE A SIMONE whose telephone number is (571)272-1501. The examiner can normally be reached M-F 8am-4pm.
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CATHERINE A. SIMONE
Examiner
Art Unit 1781
/Catherine A. Simone/Primary Examiner, Art Unit 1781
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