DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
This is the initial office action for US Patent Application No. 18/773019, which is a continuation of US Patent Applications No. 17/840816, (now US Patent 12,095,025), No. 17/182674 (now US Patent 11,394,049), 16/692206 (now US Patent 10,964,973), 15/792052 (now US Patent 10,522,870), 15/228259 (now US Patent 9,831,522) and 14/202606 (now US Patent 9,437,864).
Claims 30-55 are currently pending and have been fully considered.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 30-38 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-18 of U.S. Patent No. 10,964,973. Although the claims at issue are not identical, they are not patentably distinct from each other because the pending claims and the patented claims contain analogous subject matter.
With respect to independent claim 30 of the pending application, the patent discloses (Claim 1) an electrochemical cell comprising a first electrode; a second electrode, the second electrode having a semi-solid composition including an active material and a conductive material in a liquid electrolyte; and a separator disposed between the first electrode and the second electrode; wherein the second electrode has a thickness at least about two times a thickness of the first electrode. The limitations disclosed in the patent are analogous to the limitations recited in independent claim 50 because the patent discloses the feature of the second electrode having a thickness of at least about two times a thickness of the first electrode.
Claims 31-38 are concurrently rejected over claim 1 of the patent because claims 31-38 depend from rejected claim 30.
Claims 39-46 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 10-15 of U.S. Patent No. 10,522,870. Although the claims at issue are not identical, they are not patentably distinct from each other because the pending claims and the patented claims contain analogous subject matter.
With respect to independent claim 39 of the pending application, the patent discloses (Claim 10) an electrochemical cell comprising a slurry cathode (semi-solid cathode); an anode including a high charge capacity material and having a thickness in the range of about 30 μm to about 600 μm; and a separator disposed between the anode and the slurry cathode, wherein the cathode has a thickness of at least about two times the anode thickness. The limitations disclosed in the patent are analogous to the limitations recited in independent claim 39 because the patent discloses the feature of the cathode having a thickness of at least about two times a thickness of the anode.
Claims 40-46 are concurrently rejected over claim 10 of the patent because claims 40-46 depend from rejected claim 39.
Claims 30-38 and 47-55 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1-26 of U.S. Patent No. 12,095,025. Although the claims at issue are not identical, they are not patentably distinct from each other because the pending claims and the patented claims contain analogous subject matter.
With respect to independent claim 30 of the pending application, the patent discloses (Claim 1) an electrochemical cell comprising a semi-solid cathode; an anode including a high charge capacity; and a separator disposed between the anode and the semi-solid cathode, wherein the semi-solid cathode has a thickness of at least about two times a thickness of the anode. Claims 31-38 are concurrently rejected over claim 1 of the patent because claims 31-38 depend from rejected claim 30.
With respect to independent claim 47 of the pending application, the patent discloses (Claim 10) an electrochemical cell comprising a semi-solid cathode having a thickness; an anode having a capacity in the range of about 700 mAh/g to about 1,200 mAh/g; and a separator disposed between the anode and the semi-solid cathode, wherein a thickness of the anode is in the range of about 20% to about 50% of the thickness of the semi-solid cathode.
Claims 48-55 are concurrently rejected over claim 10 of the patent because claims 48-55 depend from rejected claim 47.
Claims 47-55 are rejected on the ground of nonstatutory double patenting as being unpatentable over claims 13-16 of U.S. Patent No. 9,437,864. Although the claims at issue are not identical, they are not patentably distinct from each other because the pending claims and the patented claims contain analogous subject matter.
With respect to independent claim 47 of the pending application, the patent discloses (Claim 13) an electrochemical cell comprising a semi-solid cathode including about 20% to about 75% by volume of an active material, about 1% to about 6% by volume of a conductive material, and about 20% to about 40% by volume of a non-aqueous liquid electrolyte, the semi-solid cathode having a thickness in the range of about 250 μm to about 2,000 μm; an anode including a high charge capacity material and having an overall capacity in the range of about 700 mAh/g to about 1,200 mAh/g, the anode having a thickness in the range of about 20% to about 25% of the cathode thickness; and a separator disposed between the anode and the semi-solid cathode.
The limitations disclosed in the patent are analogous to the limitations recited in independent claim 47 because the patent discloses the feature of the anode having a thickness in the range of about 20% to about 25% of the cathode, which is encompassed by the range of about 20% to about 50% recited in independent claim 47.
Claims 48-55 are concurrently rejected over claim 47 of the patent because claims 48-55 depend from rejected claim 47.
Allowable Subject Matter
10. The following is a statement of reasons for the indication of allowable subject matter:
Claims 30-55 contain allowable subject matter because the prior art does not teach or suggest the electrochemical cell limitations recited in independent claims 30, 39 and 47. Dependent claims 31-38, 40-46 and 48-55 are allowable as well.
The closest prior art, Chiang et al. (US 2010/0047671 A1), teaches [0139-0141] the formation of a semi-solid cathode [0139], an anode [0140] and an electrochemical cell that includes the aforementioned cathode and anode [0141]. Chiang however does not teach or suggest the structural limitations of the electrochemical cells claimed in the instant application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEWART A FRASER whose telephone number is (571)270-5126. The examiner can normally be reached M-F, 7am-4pm, EST.
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/STEWART A FRASER/Primary Examiner, Art Unit 1724