Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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.
1. Claims 32-39 are rejected under 35 U.S.C. 112, second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which applicant regards as the invention.
2. Claim 32 recites the limitation "the second electrode" in line. There is insufficient antecedent basis for this limitation in the claim.
3. Claims 33-39 are also indefinite based on their dependencies on claim 32.
4. For the purposes of prosecution, “the second electrode” has been interpreted as “the second electrode material”.
Claim Rejections - 35 USC § 102
(a) the invention was known or used by others in this country, or patented or described in a printed publication in this or a foreign country, before the invention thereof by the applicant for a patent.
5. Claims 32-52 are rejected under pre-AIA 35 U.S.C. 102(a) as being anticipated by Seo et al., WO2012060604 published on 5/10/2012 (US20130236766 is the equivalent English translation used here) before 5/18/2012.
6. Regarding claims 32-52, Seo teaches an apparatus (see Figs. Below), comprising: a first insulative layer, a first conductive layer disposed on the first insulative layer, and a first electrode material disposed on at least a portion of the first conductive layer; a second insulative layer, a second conductive layer disposed on the second insulative layer, and a second electrode material disposed on at least a portion of the second conductive layer; and a separator interposed between the first electrode material and the second electrode material, the separator coupled to at least a portion of the first insulative layer and the second insulative material to form a seal around the first electrode material and the second electrode material such that the first electrode material is electrically isolated from the second electrode, a portion of the first conductive layer extends beyond each of the first and second insulative layer to form a first tab (see Figs. Below),
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7. 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
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OLATUNJI GODO whose telephone number is (571)272-3104. The examiner can normally be reached 8:00 am - 5:30 pm.
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/OLATUNJI A GODO/Primary Examiner, Art Unit 1752