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 .
Status of the Claims
The claims submitted 08/21/2025 have been entered and fully considered. Claims 1-30 are pending and examined herein.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Rejections - 35 USC § 112(a)
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-30 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the claim recites “a second interlayer disposed on the third separator, the second interlayer electrically coupled to the first interlayer such that the first interlayer and the second interlayer are at the same voltage; and a center tube disposed along a longitudinal axis of the electrochemical cell, the center tube electrically coupled to the second interlayer.” The specification describes an embodiment comprising a second interlayer and a center tube in Figs. 37A-37B and [0240]-[0243] of the published specification. At [0241] the specification states: “In some embodiments, the second interlayer 3765 may be coupled to the casing 3770 (e.g., via the center tube 3792).” However, the specification also states in [0241]: “In some embodiments, the first interlayer 3760 may be coupled to the anode material 3710 via the resistor and an anode current collector 3720, for example, to allow dendrite removal and/or voltage monitoring.” Therefore, the first and second interlayers are not electrically coupled such that they are at the same voltage while the center tube is electrically coupled to the second interlayer. The claimed subject matter was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor the time the application was filed, had possession of the claimed invention. Claims 2-13 depend from claim 1 and do not remedy the above rejection; therefore, claims 2-13 are rejected for the same reason.
Claim Rejections - 35 USC § 112(b)
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.
Claim 22 is 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 22 contains the trademark/trade name “KETJENBLACK®.” Where a trademark or trade name is used in a claim as a limitation to identify or describe a particular material or product, the claim does not comply with the requirements of 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph. See Ex parte Simpson, 218 USPQ 1020 (Bd. App. 1982). The claim scope is uncertain since the trademark or trade name cannot be used properly to identify any particular material or product. A trademark or trade name is used to identify a source of goods, and not the goods themselves. Thus, a trademark or trade name does not identify or describe the goods associated with the trademark or trade name. In the present case, the trademark/trade name is used to identify/describe a carbon black and, accordingly, the identification/description is indefinite.
A broad range or limitation together with a narrow range or limitation that falls within the broad range or limitation (in the same claim) may be considered indefinite if the resulting claim does not clearly set forth the metes and bounds of the patent protection desired. See MPEP § 2173.05(c). In the present instance, claim 22 recites the broad recitation fullerenic carbons, and the claim also recites buckyballs which is the narrower statement of the range/limitation. The claim(s) are considered indefinite because there is a question or doubt as to whether the feature introduced by such narrower language is (a) merely exemplary of the remainder of the claim, and therefore not required, or (b) a required feature of the claims.
Allowable Subject Matter
Claims 14-21 and 23-30 are allowed.
The following is an examiner’s statement of reasons for allowance:
US 2015/0171398 A1 (“Roumi”) is identified as the closest prior art. Roumi discloses an electrochemical cell comprising a cathode 1, an anode 2, and a multilayer separator disposed between the anode and the cathode (Fig. 5B). The multilayer separator a first separator 3 facing the cathode 1, a first perforated or porous conductive layer 4, a second separator 3, a second perforated or porous conductive layer 4, and a third separator 3 facing the anode. A device 5 is provided for monitoring or applying voltage or current between the first and second perforated or porous conductive layers 4 ([0082], [0104]). Roumi does not disclose or render obvious a second interlayer disposed on the third separator, the second interlayer electrically coupled to the first interlayer such that the first interlayer and the second interlayer are at the same voltage as in claim 14 or the second interlayer being at the same voltage as the first interlayer as in claim 25.
US 2021/0273268 A1 (“Yu”) discloses a rechargeable battery includes an anode, a cathode, an electrolyte in contact with the anode and the cathode, and an interlayer disposed between the anode and the cathode in the electrolyte (Abstract). The interlayer can be a multi-layered layer ([0060], [0080], [0088], [0092]) and can be electrically conductive ([0089]). Three separators are respectively provided between the anode, a first layer of the interlayer, a second layer of the interlayer, and the cathode ([0097]). Yu does not disclose or render obvious a second interlayer disposed on the third separator, the second interlayer electrically coupled to the first interlayer such that the first interlayer and the second interlayer are at the same voltage as in claim 14 or the second interlayer being at the same voltage as the first interlayer as in claim 25.
US 2017/0187078 A1 (“Keates”) discloses a battery cell having an anode and a cathode, and a separator disposed between the anode and the cathode, wherein a conductive layer is disposed in the separator (Abstract). The battery has a third terminal (e.g., as a detection interface component of the cell 600) to couple the conducting detection layer or a conductive layer to external circuitry (Fig. 6; [0047]). The tube, i.e., body or casing of the battery, may be employed as a third terminal or detection interface component ([0048]). Keates does not disclose a second interlayer disposed on the third separator, the second interlayer electrically coupled to the first interlayer such that the first interlayer and the second interlayer are at the same voltage as in claim 14 or the second interlayer being at the same voltage as the first interlayer as in claim 25.
The prior art does not disclose or render obvious the electrochemical cell of claims 14 and 25.
Any comments considered necessary by applicant must be submitted no later than the payment of the issue fee and, to avoid processing delays, should preferably accompany the issue fee. Such submissions should be clearly labeled “Comments on Statement of Reasons for Allowance.”
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Scott Carrico whose telephone number is (571)270-5504. The examiner can normally be reached Monday-Friday 9:15AM-5:45PM Eastern.
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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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Robert Scott Carrico
Primary Examiner
Art Unit 1727
/Robert S Carrico/Primary Examiner, Art Unit 1727