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 § 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.
1. Claims 1-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsuya et al. (US20230207796).
2. Regarding claims 1-20, Matsuya teaches a battery assembly (see Fig. below) defining a vertical axis and a longitudinal axis, the battery assembly comprising:
a first electrode comprising a tab on a first end thereof in a first direction along the longitudinal axis; a second electrode in a stacked configuration with the first electrode along the vertical axis; and a separator that covers at least a second end of the first electrode in a second direction along the longitudinal axis (see Fig. below).
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Drawings and pictures can anticipate claims if they clearly show the structure which is claimed. In re Mraz, 455 F.2d 1069, 173 USPQ 25 (CCPA 1972). However, the picture must show all the claimed structural features and how they are put together. Jockmus v. Leviton, 28 F.2d 812 (2d Cir. 1928). The origin of the drawing is immaterial. For instance, drawings in a design patent can anticipate or make obvious the claimed invention as can drawings in utility patents. When the reference is a utility patent, it does not matter that the feature shown is unintended or unexplained in the specification. The drawings must be evaluated for what they reasonably disclose and suggest to one of ordinary skill in the art. In re Aslanian, 590 F.2d 911, 200 USPQ 500 (CCPA 1979). (MPEP 2125).
Conclusion
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/OLATUNJI A GODO/Primary Examiner, Art Unit 1752
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