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 .
Claim Interpretation
Instant claim preamble establishes ‘An electrode assembly system’ which is interpreted to include an apparatus and potentially a material worked upon when positively recited – MPEP 2113 and MPEP 2115. When evaluating the apparatus scope, only positively recited limitations will be eligible for the patent scope – inferring apparatus scope from a resulting material or article worked upon will not be interpreted to positively recite structurally limiting limitations.
Instant claim 21 positively recites a belt, a dryer, and a peeler. Each of these features have functional limitations thereafter which DO NOT positively recite limitations that further limit the scope of the electrode assembly apparatus. For example, the limitation ‘is operable to receive an active material’ fails to positively recite the active material is part of the system. The recitation ‘to produce a tape cast layer’ fails to positively recite that a tape cast layer is required. The recitation ‘configured to produce a pyrolyzed material’ does not limit the scope of the electrode system because the apparatus has not been positively limited and the active material worked upon has not been positively claimed. This interpretation of functional language not being sufficient to limit the scope of the instant claim is to be applied to all claim functional limitations including the dependent claims.
In essence, the examiner is not INFERRING scope based upon the functional language, especially when the article worked upon is not positively recited to be part of the system. Applicant has NOT INVOKED means-for limitations.
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.
Claim(s) 21-40 is/are rejected under 35 U.S.C. 102(a)(1) and 35 U.S.C. 102(a)(2) as being anticipated by Park et al (PBPUG 2014/0170475).
Claim 21: Park teaches a method of forming electrodes for a battery that includes a current collector and a film in electrical communication with the film [Abstract]. The method is capable of being performed in a continuous process and includes exemplified steps of casting, drying, curing, and pyrolysis – mixture can be coating onto a glass or metal cylinder, dried while rotating to create a film, transferred as a roll or peeled and fed into another machine for further processing [0063]. An attachment substance can be utilized [0013, 0099]. Drying a slurry and tape casting is utilized whereby a dried mixture is removed from a substrate by peeling [0061-0063]; the prior art anticipates a teaching of “low adhesion” since the slurry is taught to be removed whereby high or permanent adhesion would not be ideal for the manufacturing steps taught by the prior art.
Instant claim comprises functional language pertaining to how the device is to be operated. These limitations do not positively recite an article worked upon or specifics to how the machine element scope is specifically limited by the recitation of the operable limitation of the instant claim. The prior art is capable of operating in the same manner as that of the instant claim and therefore all functional limitations are met by the recitation of the prior art. Please refer to MPEP 2144 Apparatus and Article Claims – Functional Language for further information as to scope of functional language of claims.
Claim 22-28, 32-37: Park teaches the manufacturing method and therefore the electrode assembly system to produce the same [0059-0072]. Instant claim pertains to the “tape cast layer” which is not positively recited to be an article of the system and therefore fails to further limit the scope of the instant claims. A system may include a machine of manufacture and article worked upon, but the instant claim has failed to positively recite the anode, cathode, electrolyte, battery, or tape cast layer to be part of the instant claim scope, only that a machine is capable of being operable to produce such layers. The prior art teaches such function [0059-0072].
Claim 29-31, 40: Park teaches a method and system of forming an electrode with electrochemically active material on both sides of a current collector and electrode assembly system that is capable of adhering a first and second film to the current collector simultaneously [0114]. In order to do this a second slurry to film electrode assembly formation device would be required and usable to perform the method of manufacture presented by the prior art [0059-0072 for the individual teaching and 0114 for the teaching of two operating in parallel to be added to each side of the current collector].
Claim 38: Park teaches a belt [0059-0072] and a second belt to perform a simultaneous adhesion to current collector [0114]. The peeler for each is also therefore taught [0059-0072, 0114].
Claim 39: Park teaches a slurry to be dried and removed from a cylinder [0063] – low adhesion is a relative term whereby the opposite would be high adhesion or permanent adhesion which would go against the teaching of the prior art that wants to continuously and efficiently manufacture the material. Specifically, the utilization of extrusion manufacturing techniques utilizes low adhesion materials to improve the efficiency and decrease damage to the formed layer [0063].
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
[KR 10-2020973] – Instant claim limitation “belt” is met by the prior art teaching a roller and adhesive film that slurry is applied to. Yoon teaches a continuous belt system for the processing of film materials in battery formation that should be considered if applicant intends to further limit the scope of “belt” to be a continuous belt.
Remizov et al (WO 2018/116295) teaches a method for creating electrochemical cells through a machine that provides surface treatment to at least one electrode [0004; Fig 4; 0006, 0036-0037, 0065].
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHEN J YANCHUK whose telephone number is (571)270-7343. The examiner can normally be reached M-Th 10a-8p.
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/STEPHEN J YANCHUK/ Primary Examiner, Art Unit 1752
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