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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d).
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 4/11/23 is considered by the examiner.
Drawings
The drawings submitted on 4/11/23 has been considered.
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.
Claims 1-3 are 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. Specifically, the claim limitation wherein “m is an integer… greater than 1” appears to be unclear since the claim m+1 should result in cells not within the claimed limitation. Appropriate corrections or further clarification is required.
Claims 1-3 are 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. Specifically, claim 1 recites the limitation "the anode tab" in line 2 There is insufficient antecedent basis for this limitation in the claim.
Claims 1-3 are 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. Specifically, the claim limitation “m AC battery cells having in each three electrode tabs (terminal): the anode tab, biode tab and cathode tab” appears to state that each battery comprise three electrode tabs and in each three electrode tabs, there are an anode tab, biode tab, and cathode tab” resulting in 9 total tabs in each battery. Appropriate corrections or further clarification is required.
Claims 1-3 are 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. Specifically, the claim limitation “the contact of mth biode tab-(m+1)th biode tab into mth cathode tab-(m+1)th biode tab” is unclear how a contact turn physically into tabs. Appropriate corrections or further clarification is required.
Claims 1-3 are 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. Specifically, the claim limitation “the contact (m+1)th anode tab-first(m=1) biode tab into (m+1)th cathode tab-first (m=1) biode tab” is unclear how a contact can turn physically into claimed tabs. Appropriate corrections or further clarification is required.
Claims 1-3 are 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. Specifically, the claim limitation discloses “all the anode tabs are connected one another in parallel,” however the limitation also discloses the contact anode tab-first biode tab, which appears to contradict the connection of the anodes. Appropriate corrections or further clarification is required.
Claims 1-3 are 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. Specifically, the claim limitation discloses “-” which is unclear if this is a connection or if this is a name of one component of the battery. Appropriate corrections or further clarification is required.
Claims 1-3 are 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. Specifically, the claim limitation discloses “AC battery cells” and “(m+1)th cell” but it is unclear if (m+1)th cell comprises the same electrodes as the AC battery cells or if it is covered under AC battery cells. Appropriate corrections or further clarification is required.
Claims 2 and 3 are 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. Specifically, the claim limitation discloses “ given by the beginning” is unclear Appropriate corrections or further clarification is required.
Claims 2 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. Specifically, the claim limitation discloses “ the cathode tab of the last (m+1)th AC battery cell with the biode tab of first (m=1)cell; then the switch connections turns into the anode tab of (m+1)th cell with the biode tab of first (m=1) cell” but it is unclear how a switch connection turns into tabs. Appropriate corrections or further clarification is required.
Claims 3 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. Specifically, the claim limitation discloses, “the anode tab of the last (m+1)th AC battery cell with the biode tab of first (m=1) cell: then the switch connections turns into the cathode tab of (m+1)th cell with the biode tab of the first (m=1) cell” is unclear how a switch connection turns into tabs. Appropriate corrections or further clarification is required.
Claims 3 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. Specifically, the claim limitation discloses, “the anode tab of the last (m+1)th AC battery cell with the biode tab of the first (m=1) cell” with the combination of claim 1 wherein “all anode tabs are connected one another in parallel” are unclear since it appears to contradict the claim limitation. Appropriate corrections or further clarification is required.
Claim Analysis
As best understood, please see the prior art rejection below.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by MIZUSAWA et al. (JP2016171075).
Regarding claims 1-3, the MIZUSAWA discloses AC battery accumulator comprising a plurality of AC battery cells each comprising an anode, cathode and a bipolar electrodes and their respectively electrode tabs. The accumulator of D1 further comprise a switch configured to alternatively contact the cathode and biode tabs and a method of charging and discharging for the accumulator.
Claim(s) 1-3 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by JPS5392129.
Regarding claims 1-3, the JPS5392129A discloses accumulator comprising a plurality battery cells each comprising an anode, cathode and auxiliary electrodes and a switch. The JPS5392129 further discloses a method of charging and discharging for the accumulator.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HELEN OI CONLEY whose telephone number is (571)272-5162. The examiner can normally be reached 8:30 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas Smith can be reached at 5712728760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Helen Oi K CONLEY/Primary Examiner, Art Unit 1752
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