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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 06/09/2026 has been entered.
Response to Amendments
In response to the amendments received 06/09/2026:
Claims 1-15 are pending in the current application. Claim 1 has been amended.
The previous prior art rejections have been overcome in light of the amendments.
Claim Interpretation
Claims 4 and 12 recite “…the [first/second] friction area is formed to be spaced a predetermined distance from each of both ends of the bridge part…” Therefore, even if only one “first [first or second] area” is formed, it will be a predetermined distance from each of both ends of the bridge part.
Claims 5 and 13 recite “…the [first/second] friction area is formed to be spaced a distance of 5 mm or more from each of both the ends of the bridge part…”. Therefore, if the closest end of the bridge part is 5 mm from the first friction area, then the first friction area is also “5 mm or more” from the other of both ends of the bridge part.
Claims 14-15 are considered product-by-process. The determination of patentability is based upon the apparatus structure itself. The patentability of an apparatus does not depend on its method of production or formation. The claims are directed to an apparatus, i.e., a structure which can be termed a machine of manufacture under 35 U.S.C. 101. Thus, the claims are structural claims and as such must be distinguished from the prior art based on structure. The Courts have held that the manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim. MPEP 2114 and MPEP 2173.05(g)
“[A]pparatus claims cover what a device is, not what a device does.” A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987)
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-5 and 14-15 are rejected under 35 U.S.C. 103 as being unpatentable over as being unpatentable over Kim et al. (US20140308577A1) in view of Hong et al. (KR 20120110552 A).
Regarding claim 1, Kim teaches an apparatus for manufacturing a pouch of a secondary battery, the apparatus comprising: a lower die 820, in which an accommodation groove, shown as 821 for molding a cup part of the pouch is formed in a base surface 823, the base surface is configured to support the pouch thereon; a punch 811 configured to be inserted into the accommodation groove of the lower die to mold the cup part of the pouch; and
a stripper 814 to press a peripheral portion of the pouch disposed in a periphery of a portion to be molded into the cup part of the pouch by the punch, wherein the stripper and the lower die are configured to press and grip upper and lower portions of the peripheral portion of the pouch, respectively (Fig. 4.9 showing peripheral portion of pouch), wherein a left accommodation groove and a right accommodation groove are formed in the lower die, wherein a bridge part connecting the left and right accommodation grooves to each other formed between the left accommodation groove and the right accommodation groove, wherein the bridge part is formed at a lower elevation than elevations of top surfaces of the left and right accommodation grooves and at a lowest elevation of the base surface, in the state in which the peripheral portion of the pouch is gripped by the stripper and the lower die, the punch is configured to be inserted into the accommodation groove to mold the cup part of the pouch (P21.25.87-100; Fig. 4-5.9-10), and as shown in annotated Fig. 10 below (also of note peripheral pressed portion can alternatively be interpreted as additional grooves i.e. Fig. 9):
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Kim is silent in teaching a friction area, which is an area having surface roughness greater than that of the peripheral portion, is formed on a pressing surface of the lower die or the stripper, which presses the peripheral portion of the pouch; however, Hong, in a similar field of endeavor, teaches an apparatus for forming a product with a cup shape and a peripheral portion of the workpiece positioned outside the punch during formation of the cup portion (abstract). The apparatus includes a die 12, a punch 23, a stripper, and a friction area 3 (P5-6.14: Fig. 1). Hong is considered analogous art because it is reasonably pertinent to the problem faced by the inventor. In this case, Kim (P15.34)., Hong (P18), and the instant application (P9.32) are concerned with solving problems of preventing wrinkles during punching. MPEP 2141.01
The friction area 3 of Hong, which is an area having surface roughness greater than that of the peripheral portion, is formed on a pressing surface of the lower die, which presses the peripheral portion of the pouch to suppress surface damage and wrinkling that may occur during compression and punching (P5.14.18).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to include a friction area, an area having surface roughness greater than that of the peripheral portion, on a pressing surface of the lower die of Kim, which presses the peripheral portion of the pouch, to prevent wrinkling and surface damage that occur during compression and punching, as taught by Hong. The rationale to support a conclusion that the claim would have been obvious is that a method of enhancing a particular class of devices (methods, or products) has been made part of the ordinary capabilities of one skilled in the art based upon the teaching of such improvement in other situations. One of ordinary skill in the art would have been capable of applying this known method of enhancement to a "base" device (method, or product) in the prior art and the results would have been predictable to one of ordinary skill in the art. MPEP 2143 C
Regarding claim 2, modified Kim in view of Hong teaches the friction area comprises a first friction area formed on the lower die (P2.14; Fig. 1).
Regarding claim 3, modified Kim in view of Hong teaches forming the friction area on an area disposed outside the bridge part on the base surface, or on either side/outside of the punched cup part of the base surface (Fig. 1) (and wherein i.e. Fig. 4.9 of Kim show peripheral portion of pouch extending on all sides as pressed by stripper).
Regarding claim 4, modified Kim in view of Hong teaches the first friction area is formed to be spaced a predetermined distance from each of both ends of the bridge part, wherein Hong teaches the first friction area, which can be applied to existing molds, can be embedded into the die completely accommodated in accommodation space of the die (P10.21.32; Fig. 1).
Regarding claim 5, modified Kim in view of Hong is silent in teaching the first friction area is formed to be spaced a distance of 5 mm or more from each of both the ends of the bridge part; however, Kim teaches formation of a pouch battery, that can be used in the same application as the instant disclosure. Hong of modified Kim teaches forming the friction areas on either side of the punch (Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application that the first friction (on the side of the punch opposite to the bridge part) must be formed to be spaced a distance of 5 mm or more from each of both the ends of the bridge part, in the case where the punch cavity, or battery has a width of around or greater than 5 mm. Where the difference between the prior art and the claims are a recitation of relative dimension of the claimed device, and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. “It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions.” MPEP 2144
Regarding claim 14, modified Kim is silent in teaching the pressure applied to the peripheral portion of the pouch by the stripper and the lower die on the friction area is 10% to 30% greater than a reference pressure that is a pressure applied to the peripheral portion of the pouch other than the friction area; however, Hong of modified Kim teaches the friction area is used to increase the force and pressure applied in that specific area, or peripheral portion of the pouch (P4.10.32-36).
Furthermore, "The cited prior art teaches all of the positively recited structure of the claimed apparatus. The Courts have held that a statement of intended use in an apparatus claim fails to distinguish over a prior art apparatus. The Courts have held that the manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim. The Courts have held that apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. MPEP §§ 2114 and 2173.05(g)
Therefore, because the apparatus meets the structural requirements in claims 1 and 14 it is capable of being used at the applied pressure relative to a reference pressure. “[A]pparatus claims cover what a device is, not what a device does.” A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. MPEP 2114
Regarding claim 15, modified Kim is silent in teaching the reference pressure is 0.3 bars to 0.35 bars; however, because the apparatus meets the structural requirements in claims 1 and 14-15 it is capable of being used at the applied pressure relative to a reference pressure. “[A]pparatus claims cover what a device is, not what a device does.” A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. MPEP 2114
Claims 6-13 are rejected under 35 U.S.C. 103 as being unpatentable over modified Kim in view of Hong as applied to at least claim 1 above, and further in view of Garnett et al. (US 2004/0083786).
Regarding claim 6, modified Kim in view of Hong teaches the friction area is used for adjusting friction between a surface of the mold and the material being punched, where the friction can be created by a roughened surface, also including trapezoidal or mountain-shaped protrusions, or an arc shape (P8.28-30.32.38; Fig. 2-5).
Modified Kim in view of Hong is silent in teaching the friction area comprises a second friction area formed on the stripper; however, Garnett, in a similar field of endeavor, teaches an apparatus for forming a product with a cup shape and a peripheral portion of the workpiece positioned outside the punch during formation of the cup portion (P18-24; Fig. 1-2).
Garnett teaches the friction area comprises a second friction area formed on the stripper to provide more control over the sheet metal during the forming process (P22-25; Fig. 8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to have the friction area comprise a second friction area formed on the stripper of modified Kim to improve control and prevent wrinkles, as taught by Garnett. The rationale to support a conclusion that the claim would have been obvious is that a method of enhancing a particular class of devices (methods, or products) has been made part of the ordinary capabilities of one skilled in the art based upon the teaching of such improvement in other situations. One of ordinary skill in the art would have been capable of applying this known method of enhancement to a "base" device (method, or product) in the prior art and the results would have been predictable to one of ordinary skill in the art. MPEP 2143 C
Furthermore, with respect to the above combination of overall element, the rationale to support a conclusion that the claim would have been obvious is that all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art.
Regarding claim 7, modified Kim in view of Hong and Garnett teaches the second friction area formed on a stripper outer area that is the pressing surface of the stripper, which faces a bridge part outer area that is an area disposed outside the bridge part on the base surface (Hong; Fig. 1 and Garnett; Fig. 1-8 – all showing the friction areas arranged outside perimeter of punch including portions that would be considered the bridge part outer area of Kim).
Regarding claim 8, modified Kim in view of Garnett teaches the second friction area is formed to be spaced a predetermined distance from a point of the stripper, which corresponds to each of both of the ends of the bridge parts (P20-24; Fig. 1-2.8).
Regarding claim 9, modified Kim in view of Hong is silent in teaching the second friction area is formed to be spaced a distance of 5 mm or more from a point of the stripper which corresponds to each of both the ends of the bridge part; however, Kim teaches formation of a pouch battery, that can be used in the same application as the instant disclosure. Hong of modified Kim teaches forming the friction areas on either side of the punch (Fig. 1).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application that the second friction (on the side of the punch opposite to the bridge part) must be formed to be spaced a distance of 5 mm or more from each of both the ends of the bridge part, in the case where the punch cavity, or battery has a width of around or greater than 5 mm. Where the difference between the prior art and the claims are a recitation of relative dimension of the claimed device, and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. “It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions.” MPEP 2144
Regarding claim 10, modified Kim in view of Hong teaches the friction area is used for adjusting friction between a surface of the mold and the material being punched, where the friction can be created by a roughened surface, also including trapezoidal or mountain-shaped protrusions, or an arc shape and a first friction area formed on the die (P8.28-30.32.38; Fig. 2-5).
Modified Kim in view of Hong is silent in teaching the friction area comprises a second friction area formed on the stripper; however, Garnett, in a similar field of endeavor, teaches an apparatus for forming a product with a cup shape and a peripheral portion of the workpiece positioned outside the punch during formation of the cup portion (P18-24; Fig. 1-2).
Garnett teaches the friction area comprises a first friction area formed on the die and a second friction area formed on the stripper to provide more control over the sheet metal during the forming process (P22-25; Fig. 4.8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to have the friction area comprise a second friction area formed on the stripper of Kim to improve control and prevent wrinkles, as taught by Garnett. The rationale to support a conclusion that the claim would have been obvious is that a method of enhancing a particular class of devices (methods, or products) has been made part of the ordinary capabilities of one skilled in the art based upon the teaching of such improvement in other situations. One of ordinary skill in the art would have been capable of applying this known method of enhancement to a "base" device (method, or product) in the prior art and the results would have been predictable to one of ordinary skill in the art. MPEP 2143 C
Furthermore, with respect to the above combination of overall element, the rationale to support a conclusion that the claim would have been obvious is that all the claimed elements were known in the prior art and one skilled in the art could have combined the elements as claimed by known methods with no change in their respective functions, and the combination yielded nothing more than predictable results to one of ordinary skill in the art.
Regarding claim 11, modified Kim in view of Hong teaches forming the friction area on an area disposed outside the bridge part on the base surface, or on either side/outside of the punched cup part of the base surface (Fig. 1); and modified Kim in view of Hong and Garnett teach the second friction area formed on a stripper outer area that is the pressing surface of the stripper, which faces a bridge part outer area that is an area disposed outside the bridge part on the base surface (Hong; Fig. 1 and Garnett; Fig. 1-8 – all showing the friction areas arranged outside perimeter of punch including portions that would be considered the bridge part outer area of Kim).
Regarding claim 12, modified Kim in view of Hong and Garnett teach the first friction area is formed to be spaced a predetermined distance from each of both ends of the bridge part, and the second friction area is formed to be spaced a predetermined distance from a point of the stripper, which corresponds to each of both the ends of the bridge part, based on the claim interpretation provided above, where Hong (Fig. 1) and Garnett (Fig. 8) show the friction areas embedded in the die and stripper.
Regarding claim 13, modified Kim in view of Hong and Garnett is silent in teaching the first and second friction area formed to be spaced a distance of 5 mm or more from a point which corresponds to each of both the ends of the bridge part; however, Kim teaches formation of a pouch battery, that can be used in the same application as the instant disclosure. Hong of modified Kim teaches forming the friction areas on either side of the punch (Fig. 1) while Garnett teaches forming the first and second friction areas in the same relative position on the die and stripper respectively (Fig. 8).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application that the first and second friction (on the side of the punch opposite to the bridge part) must be formed to be spaced a distance of 5 mm or more from each of both the ends of the bridge part, in the case where the punch cavity, or battery has a width of around or greater than 5 mm. Where the difference between the prior art and the claims are a recitation of relative dimension of the claimed device, and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device. “It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions.” MPEP 2144
Response to Arguments
Applicant argues the new claim limitations overcome the previous showing of obviousness. The amendments overcome the previous rejections. New and amended grounds of rejection are above set forth. New and amended grounds of rejection are necessitated by the claim amendments.
Conclusion
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/Amanda Rosenbaum/Examiner, Art Unit 1752
/Helen Oi K CONLEY/Primary Examiner, Art Unit 1752
Prosecution Insights