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 .
Election/Restrictions
Applicant’s election of Group I, claims 1-13 in the reply filed on 4/16/26 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claim Objections
Claims 2-3 are objected to because of the following informalities: “the fourth conductor” in claim 3 should be rewritten as “the fourth electrical conductor” or claim 2, “a fourth electrical conductor” should be rewritten as “a fourth conductor” to promote clarity and consistency. Appropriate correction is required.
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 1-13 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.
Claim 1 recites “a first cell and a second cell, each of the first cell and the second cell comprising a respective negative electrode, a positive electrode… a first conductor electrically contacts a first electrode of the first cell, a second conductor electrically connects a second electrode of the first cell”. It is unclear to the examiner if “a first electrode” and “a second electrode” of the first cell has a separate entity from that of a negative electrode or positive electrode of the first cell. Clarification is needed.
Similar clarification is needed for “a second electrode of the second cell” per claim 1, “a first electrode of the third cell” and “a second electrode of the third cell” per claim 2, a first electrode of the fourth cell” per claim 4.
Claim 1 recites, “the respective separators of the first cell and the second cells, which are also in a form of layers, are each in surface contact with the second electrode of the first cell and/or the first electrode of the second cell with one of their sides and in surface contact with the first electrode of the first cell and/or the second electrode of the second cell with the other of their side”. It is unclear what is meant by “one of their sides” and “the other of their side” as there are multiple sides (at least 6 sides) and is unclear which “their” is it referring to.
Claim 1 recites the limitation "the respective separators" of the first cell and the second cell. There is insufficient antecedent basis for this limitation in the claim.
Claim 1 recites the limitation "the other of their sides" (last wording of the sentence). There is insufficient antecedent basis for this limitation in the claim.
Claims 3 and 5 recites “its sides” and “another of its sides” renders the claims indefinite as there are multiple sides being present and therefore it is unclear what is meant by its sides (emphasis added).
Claim 10 recites the respective negative electrode and the respective positive electrode of each of the first cell and the second cell are “rectangular” or in the form of “strip”. The examiner is unclear the structural difference between a rectangle and a strip. Clarification is needed.
Claim 10 recites the limitation "the respective substrates" of the first cell and the second cell. There is insufficient antecedent basis for this limitation in the claim.
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.
Claims 1-13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Boufnichel et al. (US 2019/0237717).
Regarding claim 1, Boufnichel discloses a battery comprising a first cell (101) and a second cell (101), each of the first cell and second cell comprising a respective negative electrode, a respective positive electrode, and a respective separator disposed between the respective positive electrode and the respective negative electrode [0002, 0054], a plurality of separate electrical conductors (103a, 105a, M1-M6) comprising a first conductor electrically contacts a first electrode of the first cell, a second conductor electrically connects a second electrode of the first cell to a first electrode of the second cell to form a series connection between the first cell and the second cell, the second electrode of the first cell and the first electrode of the second cell being of opposite polarity [0037], a third conductor electrically contacts a second electrode of the second cell, and a first substrate (103b) and a second substrate (105b) between which the first cell, the second cell, and the plurality of separate electrical conducts are arranged, wherein the first and third conductors are disposed at a distance to each other on a surface of the first substrate facing the second substrate, and the second conductor is disposed on a surface of the second substrate facing the first substrate, wherein the second electrode of the first cell and the first electrode of the second cell are arranged in a form of layers and side by side on the surface of the second substrate facing the first substrate, each covering a partial area of the second conductor and being separated from each other by a gap, wherein the first electrode of the first cell and the second electrode of the second cell are arranged in a form of layers on the surface of the first substrate facing the second substrate, the first electrode of the first cell covering at least a partial region of the first conductor and the second electrode of the second cell covering at least a partial region of the third conductor, wherein the respective separators of the first cell and the second cells, which are also in a form of layers, are each in surface contact with the second electrode of the first cell and/or the first electrode of the second cell with one of their sides and in surface contact with the first electrode of the first cell and/or the second electrode of the second cell with the other of their side (All Figs, [0053-0070]).
The preamble language of the limitation(s) "for supplying a transmitter and/or receiver of a radio tag with an electrical current of in peak ≥ 400 mA” has been considered to be a recitation of intended use because the body of claim 1 do not depend on the preamble for completeness. Intended use limitations are not further limiting in so far as the structure of the product is concerned. Note that "in apparatus, article, and composition claims, intended use must result in a structural difference between the claimed invention and the prior art in order to patentably distinguish the claimed invention from the prior art. If the prior art structure is capable of performing the intended use, then it meets the claim. In a claim drawn to a process of making, the intended use must result in a manipulative difference as compared to the prior art." In re Casey, 370 F.2d 576, 152 USPQ 235 (CCPA 1967); In re Otto, 312 F.2d 937, 938, 136 USPQ 458,459 (CCPA 1963). See MPEP § 2111.02." In the instant case, the battery of Boufnichel is deemed capable for supplying a transmitter and/or receiver of a radio tag with an electrical current of in peak ≥ 400 mA.
Regarding claims 2-5, please see All Figs and [0037, 0044-0070], wherein it discloses 5 cells with the claimed arrangements.
Regarding claims 6-10, please see Fig. 1-3.
Regarding claim 11, Boufnichel discloses a first and second housing inner side as claimed (Fig. 4I).
Regarding claim 12, Boufnichel discloses the electrodes, the electrical conductors, and the separators as claimed.
Regarding the limitation “printed”, even though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process.”, (In re Thorpe, 227 USPQ 964,966). Once the Examiner provides a rationale tending to show that the claimed product appears to be the same or similar to that of the prior art, although produced by a different process, the burden shifts to applicant to come forward with evidence establishing an unobvious different between the claimed product and the prior art product (In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir. 1983), MPEP 2113)
Regarding claim 13, Boufnichel discloses that the respective positive electrode comprises of metal oxide [0054].
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LINDA N CHAU whose telephone number is (571)270-5835. The examiner can normally be reached 9AM-5PM EST M-F.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Mark Ruthkosky can be reached at (571)272-1291. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Linda Chau
/L.N.C/Examiner, Art Unit 1785
/Holly Rickman/Primary Examiner, Art Unit 1785
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