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 .
Response to Amendment
The preliminary amendment filed on 16 August 2024 has been accepted and entered. The amended abstract has been accepted and entered.
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 1-7 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.
With respect to claim 1, there is no antecedent basis for “the anode”. Claims 2-7 are rejected for reasons of dependency.
Allowable Subject Matter
Claim 8 is allowed.
Claims 1-7 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
Tessema et al. (US 2016/0123906 A1, cited by Applicant) discloses a method for testing a battery electrode using x-ray diffraction (par. [0020]), including testing x-ray diffraction peaks at LiC6 and/or LiC12 (par. [0024]).
With respect to claims 1 and 8, Tessema does not appear to disclose or reasonably suggest: collecting time series data for C6(t) which is a peak of Li2C12 and C12(t) which is a peak of LiC12 by observing an anode with X-ray Diffraction (XRD) and obtaining CLi, which is a peak of Li; and calculating a value of K, which is a parameter for battery capacity characteristics, based on CLi, C6(t) and C12(t), when a time differential value for the C6(t) or the C12(t) is 0.
Claims 2-7 would be allowable for reasons of dependency if the above rejections were to be overcome.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARK R GAWORECKI whose telephone number is (571)272-8540. The examiner can normally be reached Monday-Friday 8 AM-6 PM.
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/MARK R GAWORECKI/ Primary Examiner, Art Unit 2884 25 February 2026
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