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 .
FLOATING FRAME PLATE ASSEMBLY
Examiner: Adam Arciero S.N. 18/519,772 Art Unit: 1727 April 4, 2026
DETAILED ACTION
Applicant’s response filed on November 24, 2025 has been received. Claims 1-15 are currently pending. Claims 1, 4-5 and 8 have been amended. Claims 9-15 are newly added.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Specification/Drawings
The objection to the specification and drawings is withdrawn because Applicant has amended the specification.
Claim Rejections - 35 USC § 112
The claim rejections under 35 USC 112(b) on claims 1-8 are withdrawn because the claims have been amended.
Claims 4, 10 and 12 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.
The term “reduce” in claim 4 is a relative term which renders the claim indefinite. The term “reduce” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Any electrolyte pathways having an intrinsic length will read on reducing electrical shunt pathways.
The term “resiliently” in claims 10 and 12 is a relative term which renders the claim indefinite. The term “resiliently” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Any prior art structure of the joining member engaging the cell plate will read on the claim.
Claim Rejections - 35 USC § 102
The claim rejections under 35 USC 102(a)(1) as being anticipated by Yamaguchi on claims 1-2, 4 and 7-8 are maintained. The rejection on claims 5-6 and 8 have been withdrawn because the independent claim has been amended.
Claim(s) 1-2, 4, 7-8 and 15 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamaguchi et al. (US 2017/0324108 A1; as found in IDS dated 11/27/2023).
As to Claims 1 and 15, Yamaguchi discloses a frame plate assembly, comprising: a rectangular prism body 22; a cell plate area opening 22w defined by said prism body; an electrolyte pathway 125s defined by the rectangular prism body and having a cell end and a frame channel end, the cell end terminating at the cell plate area opening; a frame channel 125 defined by said prism body wherein the frame channel end terminates at the frame channel; a cell plate 21 disposed within the cell plate area opening; a joining member (shown in reproduced Fig. 2 below) incorporated into and coupling the cell end to the cell plate (Fig. 1-7, reproduced Fig. 2 below, and paragraphs [0042, 0061 and 0071]).
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As to Claims 2 and 8, Yamaguchi discloses wherein the prism body 22 is a plastic (reads on a flexible plastic for the joining member of claim 8) (paragraph [0043]).
As to Claim 4, Yamaguchi discloses the same structure as the claimed invention and does not disclose the presence of electrical shunt pathways, therefore the length of the electrolyte pathways of Yamaguchi intrinsically provides for the claimed functions, see MPEP 2112.
As to Claim 7, the frame plate assembly of Yamaguchi is configured to be put in fluidic communication with another frame plate assembly (Fig. 16 and paragraph [0039]).
Claim Rejections - 35 USC § 103
The claim rejections under 35 USC 103(a) as being unpatentable over Yamaguchi and Ikeuchi on claim 3 is maintained.
Claim(s) 3 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamaguchi et al. (US 2017/0324108 A1; as found in IDS dated 11/27/2023) and Ikeuchi et al. (US 2017/0012308 A1; as found in IDS dated 11/27/2023).
As to Claim 3, Yamaguchi does not specifically disclose wherein the electrolyte pathways comprise tubing.
However, Ikeuchi teaches of a frame plate assembly comprising electrolyte pathways that have a tubular shape (reads on comprising tubing) (claim 1 and paragraph [0012]). At the time of the invention, it would have been obvious to one of ordinary skill in the art to modify the electrolyte pathways of Yamaguchi to comprise tubing because Ikeuchi teaches that an electrolyte-circulating battery where the electrolyte will not be oxidized and is easily cooled can be provided (Abstract).
As to Claim 6, modified Yamaguchi discloses the same structure as the claimed frame plate assembly and therefore it is the position of the Office that the frame plate assembly of Yamaguchi will intrinsically comprise the claimed limitations given that the structure and materials used in the prior art and the claimed invention are the same, see MPEP 2112. In addition, in an instance where the frame plate assembly of Yamaguchi is completely stationary, the claimed limitations are met.
Claim(s) 5 and 9-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yamaguchi et al. (US 2017/0324108 A1; as found in IDS dated 11/27/2023) and Mujumdar et al. (US 2012/0201269 A1).
As to Claims 5 and 9-14, Yamaguchi does not specifically disclose the claimed flange connector.
However, Mujumdar teaches of a threaded flange connection having flanges and a nipple for connecting one component to a channel (paragraph [0005 and Fig. 1). At the time of the invention, it would have been obvious to one of ordinary skill in the art to modify the joining member of Yamaguchi to comprise flanges/threads/nipple because Mujumdar teaches that a secure connection can be provide (paragraph [0018]).
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM ARCIERO whose telephone number is (571)270-5116. The examiner can normally be reached Monday-Friday 8:00-5 ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached at (571)272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ADAM A ARCIERO/ Primary Examiner, Art Unit 1727
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