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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 15 January 2026 has been entered.
Status of Claims and Other Notes
Claims 2–14 are pending.
Claims 1 and 15–92 are canceled.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The paragraph numbers cited in this Office Action in reference to the instant application are referring to the paragraph numbering of the PG-Pub of the instant application. See US 2024/0145827 A1.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 16 January 2026 was filed after the mailing date of the final Office Action on 16 July 2025. The submissions are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
The term "annular space" of claim 1 does not have proper antecedent basis in the specification. The rolling diaphragm rollable on itself is described in paragraphs [0094] and [0095]. The description in paragraphs [0094] and [0095] can be amended to include the proper language (i.e., annular space).
Claim Rejections - 35 USC § 112
Claims 2–14 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 2 recites the limitations "an inner cylinder supported within the outer cylindrical housing, the inner cylinder and the outer cylindrical housing defining an annular space therebetween, and movable with respect to the outer cylindrical housing." It is unclear which element preceding the phrase "movable with respect to the outer cylindrical housing" is further limited by the phrase.
Claims 3–14 are directly dependent from claim 2 and include all the limitations of claim 2. Therefore, claims 3–14 are also 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.
Allowable Subject Matter
Claims 2–14 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record is Vu et al. (US 2009/0226809 A1, hereinafter Vu).
Vu discloses a battery (500, [0040]) comprising an outer cylindrical housing (504) in which a liquid electrolyte (510) and an electrode (512) are supportable (FIG. 5, [0038]); an inner cylinder (506) supported within the outer cylindrical housing (504, [0040]), the inner cylinder (506) and the outer cylindrical housing (504) defining an annular space therebetween (FIG. 5, [0040]), and the inner cylinder (506) movable with respect to the outer cylindrical housing (504, [0040]); and a rolling diaphragm (502) cylindrical and forming a seal between the outer cylindrical housing (504) and the inner cylinder (506, [0040]), the rolling diaphragm (502) between the inner cylinder (506) and the outer cylindrical housing (504, [0040]).
Vu does not disclose, teach, or suggest the following distinguishing feature:
A battery comprising a rolling diaphragm rollable on itself in an annular space as an inner cylinder moves relative to an outer cylindrical housing.
Response to Arguments
Applicant’s arguments with respect to claims 2–14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean P Cullen, Ph.D. whose telephone number is (571)270-1251. The examiner can normally be reached Monday to Thursday 6:00 am to 4:00 pm CT, Friday 6:00 am to 12:00 pm CT.
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, Basia A 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.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725