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 .
Claims 1-8 are pending in the application
Double Patenting
A rejection based on double patenting of the “same invention” type finds its support in the language of 35 U.S.C. 101 which states that “whoever invents or discovers any new and useful process... may obtain a patent therefor...” (Emphasis added). Thus, the term “same invention,” in this context, means an invention drawn to identical subject matter. See Miller v. Eagle Mfg. Co., 151 U.S. 186 (1894); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Ockert, 245 F.2d 467, 114 USPQ 330 (CCPA 1957).
A statutory type (35 U.S.C. 101) double patenting rejection can be overcome by canceling or amending the claims that are directed to the same invention so they are no longer coextensive in scope. The filing of a terminal disclaimer cannot overcome a double patenting rejection based upon 35 U.S.C. 101.
Claims 1-8 are provisionally rejected under 35 U.S.C. 101 as claiming the same invention as that of claims 1-8 of copending Application No. 19/033,274 (reference application, hereinafter ‘274).
Regarding Claim 1, ‘274 claims A battery having a symmetry about an axis and comprising: a first plurality of layers, the first plurality of layers: comprising first alternating cathode and anode layers, the first alternating cathode and anode layers electrically isolated from one another; and disposed such that the first plurality of layers define a first cylindrical-winding roll about the axis; and a second plurality of layers, the second plurality of layers: comprising second alternating cathode and anode layers, the second alternating cathode and anode layers electrically isolated from one another; and disposed such that: the second plurality of layers define a second cylindrical-winding roll about the axis, the second cylindrical-winding roll adjacent to and electrically isolated from the first cylindrical-winding roll; and the second alternating cathode and anode layers being arranged about the axis in an opposite order as the first alternating anode and cathode layers (claim 1).
Regarding Claim 2, ‘274 claims an outer negative terminal for providing a current to both the first plurality of layers and the second plurality of layers, the outer negative terminal in electrical connection to the first anode layers and the second anode layers at their farthest point from the axis; and an outer positive terminal for collecting the current within the first plurality of layers and the second plurality of layers, the outer positive terminal in electrical connection to the first cathode layers and the second cathode layers at their farthest point from the axis (claim 2).
Regarding Claim 3, ‘274 claims an inner negative terminal for providing a current to both the first plurality of layers and the second plurality of layers, the inner negative terminal in electrical connection to the first anode layers and the second anode layers at their closest point from the axis; and an inner positive terminal for collecting the current within the first plurality of layers and the second plurality of layers, the inner positive terminal in electrical connection to the first cathode layers and the second cathode layers at their closest point from the axis (claim 3).
Regarding Claim 4, ‘274 claims the electric isolation of the first plurality of layers from the second plurality of layers is achieved using a dielectric isolation layer therebetween (claim 4).
Regarding Claim 5, ‘274 claims the symmetry is a radial symmetry about the axis, the axis being a central axis (claim 5).
Regarding Claim 6, ‘274 claims a third plurality of layers, the third plurality of layers: comprising third alternating cathode and anode layers, the third alternating cathode and anode layers electrically isolated from one another; and disposed such that: the third plurality of layers define a third cylindrical-winding roll about the axis, the third cylindrical-winding roll adjacent to and electrically isolated from the second cylindrical-winding roll; and the third alternating cathode and anode layers being arranged about the axis in a same order as the first alternating anode and cathode layers (claim 6).
Regarding Claim 7, ‘274 claims the electric isolation of the third plurality of layers from the second plurality of layers is achieved using a dielectric isolation layer therebetween (claim 7).
Regarding Claim 8, ‘274 claims the first cylindrical-winding roll and the second cylindrical-winding roll are separated by a distance (claim 8).
This is a provisional statutory double patenting rejection since the claims directed to the same invention have not in fact been patented.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: reference #500 in figure 5. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Furthermore, Figure 1 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
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 2-3 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 limitation “the outer negative terminal in electrical connection to the first anode layers and the second anode layers” in lines 3-4 which renders the claim vague and indefinite. It is unclear how the first anode layers and the second anode layers can both be in electrical connection with the outer negative terminal while still meeting the limitation “the second cylindrical-winding roll adjacent to and electrically isolated from the first cylindrical-winding roll” in claim 1 lines 12-13.
Claim 2 recites the limitation “the outer negative terminal in electrical connection to the first anode layers and the second anode layers at their farthest point from the axis” in lines 2-3 which renders the claim vague and indefinite. It is unclear if “at their farther point from the axis” is in reference to the farthest point of the first anode layers and second anode layers from the axis, or if it is in reference to the farthest electrical connection point from the axis.
Claim 2 recites the limitation “the outer positive terminal in electrical connection to the first
cathode layers and the second cathode layers” in lines 6-7 which renders the claim vague and indefinite. It is unclear how the first cathode layers and the cathode anode layers can both be in electrical connection with the outer positive terminal while still meeting the limitation “the second cylindrical-winding roll adjacent to and electrically isolated from the first cylindrical-winding roll” in claim 1 lines 12-13.
Claim 2 recites the limitation “the outer positive terminal in electrical connection to the first cathode layers and the second cathode layers at their farthest point from the axis” in lines 6-7 which renders the claim vague and indefinite. It is unclear if “at their farther point from the axis” is in reference to the farthest point of the first cathode layers and second cathode layers from the axis, or if it is in reference to the farthest electrical connection point from the axis.
Claim 3 recites the limitation “the inner negative terminal in electrical connection to the first
anode layers and the second anode layers” in lines 3-4 which renders the claim vague and indefinite. It is unclear how the first anode layers and the second anode layers can both be in electrical connection with the inner negative terminal while still meeting the limitation “the second cylindrical-winding roll adjacent to and electrically isolated from the first cylindrical-winding roll” in claim 1 lines 12-13.
Claim 3 recites the limitation “the inner negative terminal in electrical connection to the first anode layers and the second anode layers at their farthest point from the axis” in lines 2-3 which renders the claim vague and indefinite. It is unclear if “at their farther point from the axis” is in reference to the farthest point of the first anode layers and second anode layers from the axis, or if it is in reference to the farthest electrical connection point from the axis.
Claim 3 recites the limitation “the outer positive terminal in electrical connection to the first
cathode layers and the second cathode layers” in lines 6-7 which renders the claim vague and indefinite. It is unclear how the first cathode layers and the cathode anode layers can both be in electrical connection with the inner positive terminal while still meeting the limitation “the second cylindrical-winding roll adjacent to and electrically isolated from the first cylindrical-winding roll” in claim 1 lines 12-13.
Claim 3 recites the limitation “the inner positive terminal in electrical connection to the first cathode layers and the second cathode layers at their farthest point from the axis” in lines 6-7 which renders the claim vague and indefinite. It is unclear if “at their farther point from the axis” is in reference to the farthest point of the first cathode layers and second cathode layers from the axis, or if it is in reference to the farthest electrical connection point from the axis.
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 (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 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Chen (Chinese Patent Application Publication No. 112615039). For prior art discussion see the English translation for CN-112615039-A
Regarding Claim 1, Chen teaches a battery having a symmetry about an axis, the battery including a first plurality of layers (first winding core, fig. 4 ref. #1), the first plurality of layers including first alternating cathode (first positive electrode) and anode (first negative electrode) layers, the first alternating cathode and anode layers electrically isolated from one another by a separator ([0052] and fig. 3 ref. #11-#13). The layers are disposed such that the first plurality of layers define a first cylindrical-winding roll about the axis.
Chen further teaches the battery including a second plurality of layers (second winding core, fig. 4 ref. #2), the second plurality of layers including second alternating cathode (second positive electrode) and anode (second negative electrode) layers, the second alternating cathode and anode layers electrically isolated from one another by a separator ([0052] and fig. 3 ref. #21-#23). The second plurality of layers define a second cylindrical-winding roll (second winding core) about the axis (fig. 4, ref. #2 is symmetrical around the same axis as the first winding core, ref. #1).
The second cylindrical-winding roll is adjacent (fig. 4 ref. # 1-2) to and electrically isolated from the first cylindrical-winding roll ([0083], the cylindrical-winding rolls are spaced apart and require electrode tabs to connect them). The second alternating cathode and anode layers being arranged about the axis in an opposite order as the first alternating anode and cathode layers ([0083] the first and second cylindrical-winding rolls are wound in opposite directions, resulting in the alternating anode and cathode layers of the second cylindrical winding roll being in opposite order to the first cylindrical-winding roll).
Regarding Claim 2, Chen further teaches an outer negative terminal (negative tab), the outer negative terminal in electrical connection to the first anode layers and the second anode layers at their farthest point from the axis ([0088]-[0089], as there is only one connection point it is the connection point farthest from the axis).
The limitation “for providing a current to both the first plurality of layers and the second plurality of layers” is deemed to be a statement with regard to the intended use and is not further limiting in so far as the structure of the product is concerned. In article claims, a claimed 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. MPEP § 2111.02. As the outer negative terminal of Chen contacts both the first and negative anode layers, it is capable of providing a current to both the first plurality of layers and the second plurality of layers.
Chen further teaches an outer positive terminal (positive tab), the outer positive terminal in electrical connection to the first cathode layers and the second cathode layers at their farthest point from the axis ([0088]-[0089], as there is only one connection point it is the connection point farthest from the axis).
The limitation “for collecting the current within the first plurality of layers and the second plurality of layers” is deemed to be a statement with regard to the intended use and is not further limiting in so far as the structure of the product is concerned. In article claims, a claimed 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. MPEP § 2111.02. As the outer positive terminal of Chen contacts both the first and second cathode layers, it is capable collecting the current within both the first and second plurality of layers.
Regarding Claim 3, Chen further teaches an inner negative terminal (negative tab), the inner negative terminal in electrical connection to the first anode layers and the second anode layers at their closest point to the axis ([0088]-[0089], as there is only one connection point it is the connection point closest from the axis).
The limitation “for providing a current to both the first plurality of layers and the second plurality of layers” is deemed to be a statement with regard to the intended use and is not further limiting in so far as the structure of the product is concerned. In article claims, a claimed 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. MPEP § 2111.02. As the inner negative terminal of Chen contacts both the first and negative anode layers, it is capable of providing a current to both the first plurality of layers and the second plurality of layers.
Chen further teaches an inner positive terminal (positive tab), the inner positive terminal in electrical connection to the first cathode layers and the second cathode layers at their closest point to the axis ([0088]-[0089], as there is only one connection point it is the connection point closest from the axis).
The limitation “for collecting the current within the first plurality of layers and the second plurality of layers” is deemed to be a statement with regard to the intended use and is not further limiting in so far as the structure of the product is concerned. In article claims, a claimed 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. MPEP § 2111.02. As the inner positive terminal of Chen contacts both the first and second cathode layers, it is capable collecting the current within both the first and second plurality of layers.
Regarding Claim 4, Chen further teaches the electric isolation of the first plurality of layers from the second plurality of layers is achieved using a dielectric isolation layer therebetween (a gap between the first core and second core, [0085] and fig. 4 ref. #1-2, the open space between them functions as a dielectric isolation layer).
Regarding Claim 5, the symmetry is a radial symmetry about the axis, the axis being a central axis (fig. 4 ref. #1-2, the central axis is through both winding cores).
Regarding Claim 8, the first cylindrical-winding roll and the second cylindrical-winding roll are separated by a distance ([0085] and fig. 4 ref. #1-2).
Claim Rejections - 35 USC § 103
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 following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 6-7 are rejected under 35 U.S.C. 103 as being unpatentable over Chen (Chinese Patent Application Publication No. 112615039) in view of Gong (Chinese Patent Application Publication No. 113381079). For prior art discussion see English translations for CN-112615039-A and CN-113381079-A.
Chen is relied upon as described above.
Regarding Claim 6, Chen does not explicitly teach a third plurality of layers, the third plurality of layers: comprising third alternating cathode and anode layers, the third alternating cathode and anode layers electrically isolated from one another; and disposed such that: the third plurality of layers define a third cylindrical-winding roll about the axis, the third cylindrical-winding roll adjacent to and electrically isolated from the second cylindrical-winding roll; and the third alternating cathode and anode layers being arranged about the axis in a same order as the first alternating anode and cathode layers.
Gong teaches a wound electrode battery (abstract) with multiple adjacent wound electrodes (abstract and fig. 1), which allow for a decrease in the magnetic field generated by a traditional wound electrode battery ([0019]). Gong further teaches a battery with three wound electrodes (fig. 6), in which the orientation of the current flow of the first and third wound electrodes are the same, and the orientation of the second wound electrode is opposite to the first and third wound electrodes ([0036] and fig. 6). The addition of a third wound electrode will allow for an increase in the capacity of the battery.
It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to use a third wound electrode with an identical structure to the first wound electrode, as taught by Gong, in the battery of Chen. One of ordinary skill in the art would have been motivated to make this inclusion to increase the battery capacity.
In making the third wound electrode identical to the first wound electrode of Chen, it would contain a third plurality of layers (first winding core, fig. 4 ref. #1), the third plurality of layers including third alternating cathode (first positive electrode) and anode (first negative electrode) layers, the third alternating cathode and anode layers electrically isolated from one another by a separator ([0052] and fig. 3 ref. #11-#13). The layers are disposed such that the third plurality of layers third a first cylindrical-winding roll about the axis, with the third alternating cathode and anode layers being arranged about the axis in a same order as the first alternating anode and cathode layers.
Regarding Claim 7, the electric isolation of the above imported third plurality of layers from the second plurality of layers is achieved using the same method as the electric isolation of the first plurality of layers and the second plurality of layers, which is by using a dielectric isolation layer therebetween (a gap between the first core and second core, [0085] and fig. 4 ref. #1-2, the open space between them functions as a dielectric isolation layer).
Pertinent Art Not Cited
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Wang (Chinese Patent Application Publication No. 1988240) teaches a battery with a spirally wound electrode (abstract). Wang also teaches the wound electrode includes both an inner negative terminal (negative tab) and inner positive terminal (positive tab) ([0026] and fig. 3 ref. #30 and #60).
For prior art discussion see the English translation CN-1988240-A.
Conclusion
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/MAL/
Myles Alan LovaszExaminer, Art Unit 1788 06/29/2026
/ALEXANDRE F FERRE/Primary Examiner, Art Unit 1788
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