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 arguments in the election with traverse of Group II, claims 8-20 on 3/4/26 are found persuasive. Claims 1-7 are not withdrawn. The restriction requirement of 1/27/26 is withdrawn.
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 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.
Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mittal (US 2017/0047615 A1).
Regarding claims 1 and 2, Mittal discloses an apparatus comprising: a first face and second face of a separator with folded bottom (third edge) and sealed first and second (lateral) edges such that a pocket is formed (paragraph 14). The opening of the pocket is considered the fourth edge (opposite the third edge). While Mittal does not delineate edges in the same manner claimed, the folded separator of Mittal is considered a first and second separator sealed on at least three edges because it maintains all the claimed characteristics. Mittal discloses that multiple slits or openings can be created on both the bottom (third) and lateral (first or second) edges (paragraph 56). Mittal discloses that the structure of the separator enhances electrolyte flow (paragraph 56). Paragraphs 60 and 61 disclose that the slits and ribs serve to prevent acid stratification.
Regarding claim 3, Mittal discloses that multiple slits openings can be created on both the bottom (first) and lateral (second or third) edges (paragraph 56).
Regarding claims 4-6, Mittal discloses that the corners are sealed (paragraph 56). The corner would by definition be between the edges. The edges have slits and openings (paragraph 56).
Regarding claim 7, Mittal discloses a battery comprising the separator (paragraph 2).
Regarding claim 8, Mittal discloses an apparatus comprising: a separator with folded bottom (first edge) and sealed second and third (lateral) edges such that a pocket is formed with one or more aperture slits formed on the first bottom edge (paragraph 14). Mittal discloses that the structure of the separator enhances electrolyte flow (paragraph 56). Paragraphs 60 and 61 disclose that the slits and ribs serve to prevent acid stratification. The Office considers the limitations of a housing having a cell compartment, the cell within the compartment, and a grid (terminals or conductors) and active material inherent to the types of batteries listed in paragraph 2 of Mittal since these elements are necessary for the functionality of the batteries.
Regarding claims 9, 10, and 12, Mittal discloses that multiple openings can be created on both the bottom (third) and lateral (first or second) edges (paragraph 56). While Mittal does not delineate edges in the same manner claimed, the folded separator of Mittal is considered a first and second separator sealed on at least three edges because it maintains all the claimed characteristics.
Regarding claims 11 and 13, Mittal discloses that the corners are sealed (paragraph 56). The corner would by definition be between the edges. The edges have slits and openings (paragraph 56).
Regarding claims 14 and 20, Mittal discloses an apparatus comprising: a battery and battery plate comprising an envelope separator (paragraph 2). Mittal discloses that multiple slits openings can be created on both the bottom (first) and lateral (second or third) edges (paragraph 56). Mittal discloses that the structure of the separator enhances electrolyte flow (paragraph 56). A battery inherently requires a grid (terminals or conductors) and active material for functionality. Paragraphs 60 and 61 disclose that the slits and ribs serve to prevent acid stratification.
Regarding claims 15, 16, and 18, Mittal discloses that multiple openings can be created on both the bottom (third) and lateral (first or second) edges (paragraph 56). While Mittal does not delineate edges in the same manner claimed, the folded separator of Mittal is considered a first and second separator sealed on at least three edges because it maintains all the claimed characteristics.
Regarding claims 17 and 19, Mittal discloses that the corners are sealed (paragraph 56). The opening of the pocket is considered the top edge (opposite the third edge). The corner would by definition be between the edges. The edges have slits and openings (paragraph 56).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to IMRAN AKRAM whose telephone number is (571)270-3241. The examiner can normally be reached M-F 9a-5p.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia Ridley can be reached at 571-272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/IMRAN AKRAM/Primary Examiner, Art Unit 1725
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