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 .
Specification
The amendment filed September 26, 2025 is objected to under 35 U.S.C. 132(a) because it introduces new matter into the disclosure. 35 U.S.C. 132(a) states that no amendment shall introduce new matter into the disclosure of the invention. The added material which is not supported by the original disclosure is as follows: Regarding claim 1 (lines 24-28), the phrase “wherein the mounting ring is fixed to the upper frame by an adhesive bonded between the mounting ring and the inner surface of the upper frame exposed within the opening, the adhesive configured to fix the upper frame to the mounting ring” is new matter. Page 10, Para [58], discloses in a state in which the upper cutter and the lower cutter are disposed in completely tight contact with each other and the guide portion is perpendicular to the lower frame, therefore, a process of injecting an adhesive between the guide portion 300 and the opening of the upper frame such that bonding is achieved therebetween may be performed in order to finally fix the guide portion. Pg. 13, Para [50] discloses the guide portion 300 performs a function of guiding upward and downward movement of upper unit 100 and Page 14, Para [55] states the upper unit and the lower unit are assembly and coupled to each other using the guide portion 300. Based on the original disclosure filed October 27, 2022, disclosure is specific to injecting the adhesive between the guide portion and penetrated portion of the upper frame to bond the structures. The Examiner acknowledges the amended Specification filed September 26, 2025; however, Para [58] states “a process of injecting an adhesive between the mounting ring 300b of the guide portion 300 and an inner surface of the upper frame 130 exposed within the opening of the upper frame that is an opening through which the guide portion extends…In this manner, the mounting ring 300b is fixed to the upper frame 130 by an adhesive bond between the mounting ring and the inner surface of the upper frame exposed within the opening that is the penetrated portion, the adhesive configured to fix the upper frame to the mounting ring with the planes of the upper cutter 110 and the lower cuter 210 being parallel to one another” the newly added details introduces new matter in the attempt to further define where adhesive is injected with respect to the guide portion.. How does bonding occur if adhesive is injected within an inner surface of the upper frame exposed within the opening? In other words, if the adhesive is in the inner surface of the opening (how does this have any bonding impact on the mounting ring? Wouldn’t the bond be created between the inner surface of the opening and the guide shaft? There are no details to the mounting ring 300b being fixed to the upper frame by an adhesive bond between the mounting ring and the inner surface of the upper frame exposed within the opening.
The amendments the Specification to Para [58] to the newly added subject matter “…a process of injecting an adhesive between the mounting ring 300b of the guide portion 300 and an inner surface of the upper frame 130 exposed within the opening of the upper frame that is an opening through which the guide portion extends, such that bonding is achieved therebetween may be performed in order to finally fix the guide portion. In this manner, the mounting ring 300b is fixed to the upper frame 130 by an adhesive bonded between the mounting ring and the inner surface of the upper frame exposed within the opening, the adhesive configured to fix the upper frame to the mounting ring with the planes of the upper cutter 110 and the lower cutter 210 being parallel to one another” is new matter. Applicant is permitted to expand on existing disclosed structures, but in this instance, the disclosed subject matter to where the adhesive is injected (between the mounting ring 300b…and an inner surface of the upper frame 130 exposed within the opening of the upper frame that is an opening through which the guide portion extends” extends beyond the scope of what was originally disclosed (and supported) and introduces new matter.
Applicant is required to cancel the new matter in the reply to this Office Action.
Claim Rejections - 35 USC § 112
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 1-4, 6, 9, and 10 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 (lines 24-28), the phrase “wherein the mounting ring is fixed to the upper frame by an adhesive bonded between the mounting ring and the inner surface of the upper frame exposed within the opening that is the penetrated portion, the adhesive configured to fix the upper frame to the mounting ring” was not described in the specification in such a way as to reasonably convey to one skilled in the art that the inventor had possession of the claimed invention at the time of filing and is new matter. Page 10, Para [58], discloses in a state in which the upper cutter and the lower cutter are disposed in completely tight contact with each other and the guide portion is perpendicular to the lower frame, therefore, a process of injecting an adhesive between the guide portion 300 and the opening of the upper frame such that bonding is achieved therebetween may be performed in order to finally fix the guide portion. Pg. 13, Para [50] discloses the guide portion 300 performs a function of guiding upward and downward movement of upper unit 100 and Page 14, Para [55] states the upper unit and the lower unit are assembly and coupled to each other using the guide portion 300. Based on the original disclosure filed October 27, 2022, disclosure is specific to injecting the adhesive between the guide portion and opening of the upper frame to bond the structures. The Examiner acknowledges the amended Specification filed September 26, 2025; however, Para [58] states “a process of injecting an adhesive between the mounting ring 300b of the guide portion 300 and an inner surface of the upper frame 130 exposed within the opening of the upper frame that is an opening through which the guide portion extends…In this manner, the mounting ring 300b is fixed to the upper frame 130 by an adhesive bond between the mounting ring and the inner surface of the upper frame exposed within the opening, the adhesive configured to fix the upper frame to the mounting ring with the planes of the upper cutter 110 and the lower cuter 210 being parallel to one another” the newly added details introduces new matter in the attempt to further define where adhesive is injected with respect to the guide portion. How does bonding occur if adhesive is injected within an inner surface of the upper frame within the opening? In other words, if the adhesive is in the inner surface of the opening, how does this have any bonding impact on the mounting ring? Wouldn’t the bond would be created between the inner surface of the opening and the guide shaft? There are no details to the mounting ring 300b being fixed to the upper frame by an adhesive bond between the mounting ring and the inner surface of the upper frame exposed within the opening.
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 1-4, 6, 9 and 10 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. Regarding claim 1 (lines 24-28), the phrase “wherein the mounting ring is fixed to the upper frame by an adhesive bonded between the mounting ring and the inner surface of the upper frame exposed within the opening” is indefinite. It is unclear how the mounting is fixed to the upper frame by an adhesive bonded between the mounting ring and the inner surface of the upper frame exposed within the opening. How does the adhesive bond within the inner surface of the upper frame exposed within the opening bond the mounting ring to the upper frame? In other words, if the adhesive is injected into the opening (of the upper surface), how does it contact the mounting ring to fix it to the upper frame? Wouldn’t the adhesive have to be injected between the mounting ring and on the upper surface of the frame to permit bonding of the mounting ring to the upper frame?
Claim Rejections - 35 USC § 103
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 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claims 1-3, 9, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over CN 108582256 to Lin et al. in view of US Patent No. 3,504,576 to Logan et al. and in further view of WO2017145678 to Ikeda.
In re claim 1, Lin teaches a cartridge electrode cutting assembly comprising an apparatus (capable of being) detachably attached to a main body, the electrode cutting apparatus comprising:
an upper unit (as shown in at least Figure 1) configured to be disposed above an electrode sheet when the electrode sheet is received in the electrode cutting apparatus;
a lower unit (as shown in at least Figure 1) configured to be disposed under the electrode sheet when the electrode sheet is received in the electrode cutting apparatus; and
a guide portion (3 and see Annotated Figure 1, below) configured to guide upward and downward movements of the upper unit, the guide portion comprising a guide shaft (3) and a mounting ring (see Annotated Figure 1, below) slidably coupled to the guide shaft,
wherein the upper unit comprises an upper cutter (9) configured to cut the sheet when the electrode sheet is received in the electrode cutting apparatus, an upper holder (2) to which the upper cutter is (capable of being) fixed, and an upper frame (4) to which the upper holder is mounted, the upper frame (4) having an opening that is an opening through which the guide portion extends, the opening having an inner surface of the upper frame (4) exposed within the opening,
wherein the lower unit (as shown in at least Figure 1) comprises a lower cutter (10) configured to cut the sheet when the electrode sheet is received in the electrode cutting apparatus and a lower frame (5) to which the lower cutter is fixed, the guide shaft (3) being (capable of being) inserted into and fixed to a recess formed in the lower frame (5) with the guide shaft (3) extending perpendicular to a bottom surface of the lower frame (as shown in at least Figure 1),
wherein a clearance between the upper cutter (9) and the lower cutter (100 and a parallelism of respective planes defined by the upper cutter and the lower cutter are both configured to be set in a state in which the cartridge electrode cutting apparatus is (capable of being) not fixed to the main body, and the cartridge electrode cutting apparatus is (capable of being) configured to be fixed to the main body after setting of the clearance and the parallelism is completed, and
wherein the mounting ring (see Annotated Figure 1, below) is fixed to the upper frame (4).
Note, it has been interpreted, Lin teaches the upper holder to which the upper cutter is fixed. Per Merriam Webster Dictionary, the phrase “fixed” is defined as securely placed or fastened” and the term “fasten” is defined as “to attached especially by pinning, typing or nailing.”
In re claim 2, further comprising a moving unit (1) coupled to the upper frame (4) for transmitting power to moving the upper cutter (9) towards and away from the lower cutter (10).
In re claim 3, wherein the electrode sheet is disposed between the upper unit (as shown in at least Figure 1) and the lower unit (as shown in at least Figure 1) when the electrode sheet is received in the electrode cutting apparatus, and
wherein the upper cutter (10) is downwardly moveable so as to be adjacent to a front surface of the lower cutter (9) in order to cut the electrode sheet when the electrode sheet is received in the electrode cutting apparatus.
Note, the preamble is directed to an apparatus and not the electrode sheet (which in this instance is the workpiece). The apparatus of Lin merely has to be capable of cutting an electrode sheet, in which it is.
Regarding claim 1, Lin teaches an electrode cutting assembly having a cartridge electrode cutting apparatus, but does not teach the cartridge electrode cutting apparatus attached to a main body and wherein the electrode cutting apparatus is mounted to the main body by a sliding fastening in a state in which a clearance between the upper cutter and the lower cutter and the parallelism of respective planes defined by the upper cutter and the lower cutter are set to predetermined values, the sliding fastening configured such that the upper cutter and the lower cutter can be slide together relative to the main body.
Ikeda teaches a cartridge electrode cutting apparatus (2,5) attached to a main body (1) and wherein the electrode cutting apparatus is mounted to the main body by a sliding fastening (as shown in at least figure 1, there are a plurality of rails fastened to the main body) in a state in which a clearance between the upper cutter and the lower cutter and the parallelism of respective planes defined by the upper cutter and the lower cutter are set to predetermined values (as shown in at least Figure 1). The cutting apparatus is attached to the main body to permit the sliding fastening to be configured such that the upper cutter and the lower cutter (are capable of being or) can be slide together relative to the main body.
It would have been obvious to one having skill in the art before the effective filing date of the invention to provide Lin with a main body as taught by Ikeda to provide additional structural support to the cutting elements to provide additional stability and enhanced precision in order to prevent misaligned cuts.
Regarding claims 1, Lin teaches the mounting ring is fixed to the upper frame, but does not teach the mounting ring is fixed to the upper frame by an adhesive bonded between the mounting ring and the inner surface of the upper frame exposed within the opening, the adhesive configured to fix the upper frame to the mounting ring with the planes of the upper cutter and the lower cutter being parallel to one another.
Logan provides a teaching of tool alignment between an upper and lower die during die setting (Col. 1, lines 34-47). The holes in each of the die plate (12) and punchholder (14) receive an epoxy adhesive to fix the components in a precise relationship (Col. 3, lines 71-75, Col. 4, lines 1-21).
It would have been obvious to one before the effective filing date of the invention to secure the mounting ring to the upper frame of Lin via an epoxy adhesive as taught by Logan to provide a precision cutter set utilizing components that are not entirely precision finished (Col. 5, lines 26-30). One having ordinary skill in the art would also recognize that there are numerous known mechanical fasteners used to adhere and/or attach corresponding structures. One having ordinary skill in the art would possesses the knowledge of such various fasteners, including, but not limited to screw fasteners and adhesives. One having ordinary skill in the art would recognize the advantages of using adhesive rather than another known mechanical fastener, based on the desired attachment outcome (and use of the device).
In re claim 9, modified Lin teaches wherein the upper frame and the lower frame are directly coupled to the main body (as shown in at least Figure 1, Ikeda).
In re claim 10, modified Lin teaches wherein, for a sliding fastening of the electrode cutting apparatus, a handle (12, Ikeda) is attached to one end of the electrode cutting apparatus in a major-axis direction.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Lin in view of Logan, and in further view of Ikeda, as applied to the above claims, and in further view of EP2452790 to Pisarski et al.
In re claim 4, modified Lin teaches a cutting apparatus, but does not teach a gripper located at respective front parts of the upper cutter and the lower cutter, the gripper being configured to guide movement of the electrode sheet.
Pisarski teaches a gripper (8) for transporting a sheet to various stages of a machine.
It would have been obvious to one before the effective filing date of the invention to provide modified Lin with a gripper carriage as taught by Pisarski for precise alignment into the cutting apparatus (Pg. 2, lines 2-17).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Lin in view of Logan and in further view of Ikeda, as applied to the above claims, and in further view of US Patent Application Publication No. 20190030923 to Sudo.
In re claim 6, modified Lin teaches wherein the upper cuter has a cutting edge, but does not teach the upper cutter is double-edged in which a central portion of the upper cutter is short and opposite ends of the upper cutter are long.
Sudo teaches an upper cutter is double-edged (22b, Para 0041) in which a central portion of the upper cutter is short and the opposite ends of the upper cutter are long.
It would have been obvious to one having ordinary skill in the art before the effective filing date of the invention to provide modified Lin with a V-shaped blade as taught by Sudo to cut from both sides without skewing the paper. Providing Lin with a V-shaped blade as taught by Sudo is an obvious design choice (of blade shape) based on (the following factors, but not limited to) the desired final cut and material being cut.
Response to Arguments
The drawing objection in the Office Action mailed March 26, 2026 have been obviated by the amendments filed June 26, 2026.
Applicant's arguments filed June 26, 2026 have been fully considered but they are not persuasive. Applicant argues the term “penetrated portion” has been amended and replaced by the term “opening” to provide further clarification to the 112(b) rejection. Applicant further provides a marked up drawing on Page 5 of the arguments to provide details to how the mounting ring (300b) is fixed to the inner surface of the upper frame (130).
The Examiner cannot rely on the annotated drawing on Page 5 in Applicant’s Remarks/Arguments filed June 26, 2026 to support Applicant’s position as to how the adhesive contacts the outer circumferential surface of the mounting ring to fix it to the inner surface of the upper frame (130) exposed within the opening. This particular annotated drawing is new matter. The original disclosure did not provide any details to the mounting ring having a surface extending within the opening of the upper frame and between the upper frame and the guide shaft. Para [58] in the original disclosure filed October 27, 2022 states “a process of injecting an adhesive between the guide portion 300 and the penetrated portion of the upper frame such that bonding is achieved therebetween may be performed in order to final fix the guide portion.” Per the amendments filed September 26, 2026 and June 26, 2026, the adhesive still provides bonding between the mounting ring (300b) and an inner surface of the upper frame (130)…such that bonding is achieved therebetween may be performed in order to finally fix the guide portion (300). Based on the disclosed subject matter, the bonding is to fix the guide portion to the upper frame. Specifically, there are no details to an adhesive bond between the mounting ring and the inner surface of the upper frame exposed within the opening. If Annotated Figure 5 is an accurate representation of the instant application, in order to properly incorporate this drawing into the subject matter of this case, a continuation in part would have to be filed.
Applicant argues Lin does not teach the upper cutter is fixed to an upper holder, since the upper cutter is coupled to the upper holder via a spring. As set forth above, it has been interpreted, Lin teaches the upper holder to which the upper cutter is fixed. Per Merriam Webster Dictionary, the phrase “fixed” is defined as securely placed or fastened” and the term “fasten” is defined as “to attached especially by pinning, typing or nailing.” The upper cutter of Lin is fixed to the holder via a stud, which has a spring. The spring permits angular movement of the blade, but stud aids in mounting (and fixing) the upper cutter to the upper holder.
Applicant argues Logan teaches the guide shaft is loosely coupled to its lower frame and adhesive is used after the upper and lower punch components are aligned. Applicant argues it would not have been logical to modify Logan to have its guide shaft fixed and extending perpendicular to a bottom surface of the lower frame.
Lin teaches the guide shaft being inserted into and fixed to a recess formed in the lower frame with the guide shaft extending perpendicular to a bottom surface of the lower frame. Logan teaches a guide post (18) inserted into a die plate in which the shaft extends perpendicular to a bottom surface of a lower surface (of the die holder) and that it is known for holes in the die plate and punchholder to receive an epoxy adhesive to fix the components in a precise relationship. The epoxy is applied to the lower ends guide post and the die holder of Logan and once cured the structures are precisely positioned. After further consideration, both Lin and Logan teach fixing a guide shaft in a recess perpendicular to a bottom surface of a frame.
Application argues Ikeda’s sliding fastening appears to be how the upper cutter moves relative to the lower cutter, not sliding both cutters together relative to the main frame.
The claim recites “the sliding fastening configured such that the upper cutter and the lower cutter can be slide together relative to the main body.” The cutting apparatus merely has to be capable of performing the intended use of “sliding fastening.” Ikeda teaches the sliding fastening configured such that the upper cutter and the lower cutter (are capable of being slide together) relative to the main frame. This simply means, if the upper cutter slides relative to the lower cutter, the upper cutter and the lower cutter are slide together relative to the main frame. This limitation does not mean, both cutters are sliding together. The Examiner suggest amending the claim to define additional structure of the cartridge cutting apparatus and the main body. For example, the main body has horizontal recesses for receiving complimentary projections extending from the electrode cutting apparatus. The electrode cutting assembly has a handle attached to one end to aid in guiding and mounting the assembly to the main body.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JENNIFER S MATTHEWS whose telephone number is (571)270-5843. The examiner can normally be reached Monday-Thursday 8am-4pm.
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/JENNIFER S MATTHEWS/Primary Examiner, Art Unit 3724
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