DETAILED ACTION
Status of Claims
Claims 1-17 are pending.
Claims 11-17 are withdrawn from consideration.
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 .
Election/Restrictions
Applicant's election with traverse of Invention I, claims 1-10 in the reply filed on 11 December 2025 is acknowledged. The traversal is on the ground(s) that there is overlapping subject matter and there is no search burden. This is not found persuasive because Invention I is directed towards an apparatus comprising an electrodepositing unit, winding unit and negative electrode drum for example which are not within the scope of Invention II. Although Invention II indicates the intended use of the positive electrode plate, any number of additional plate-based structures may be within the scope of a search for Invention II (e.g. outside the subject matter scope of Invention I).
The requirement is still deemed proper and is therefore made FINAL.
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.
Claim 9 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 9 recites the limitation "the second inclined surface" in line 2, page 27. There is insufficient antecedent basis for this limitation in the claim. It is unclear what surface is being referred to.
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.
Claim(s) 1-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Nakaya et al. (KR 20200141369) in view of Huang et al. (US 10,975,487).
Regarding claim 1, Nakaya discloses a device for manufacturing metal foil such as copper foil [0001] (= an apparatus for manufacturing a copper foil), comprising:
An electrodeposition unit configured to electrodeposit a copper foil in an electrodeposition method using an electrolyte (3) [0035] (= an electrodeposition unit configured to electrodeposit a copper foil in an electroplating method using an electrolyte); and
Wherein the electrodeposition unit includes a cathode drum (1) on which the copper foil is electrodeposited in the electroplating method using the electrolyte (3) and an electrode plate (4) electrically connected with the cathode drum through the electrolyte (3) [0035]-[0036], Figure 1 (= wherein the electrodeposition unit includes a negative electrode drum on which the electrodeposited copper foil is electrodeposited in the electroplating method using the electrolyte and a positive electrode unit electrically connected with the negative electrode drum through the electrolyte),
The electrode body (2) includes an electrode body support (5) spaced apart from the drum (1), a plurality of positive electrode plates (e.g. segments 11) disposed on an upper surface of the electrode body (5), and a plurality of elements (7, 11a = fastening units) fastening each of the positive electrode plates to the positive electrode body (5) ([0035], [0042]-[0043], Figures 3-4) (= the positive electrode unit includes a positive electrode body spaced apart from the negative electrode drum, a plurality of positive electrode plates disposed on an upper surface of the positive electrode body, and a plurality of fastening units fastening each of the positive electrode plates to the positive electrode body),
A segment (e.g. right segment 11, Figure 4) among the plates is coupled to a body (5) by L-shaped member (11a of right segment 11 = first fastening member) (= a first positive electrode plate among the positive electrode plates is coupled to the positive electrode body by a first fastening member among the fastening units),
Segment (left segment, 11 = a second positive electrode plate) among the plates is coupled to the electrode body (5) by a fixed attachment member (7 = second fastening member) (= a second positive electrode plate among the positive electrode plates is coupled to the positive electrode body by a second fastening member among the fastening units), and
The segment (11 – left hand side) includes pressing member (6 = second covering member) disposed on an upper surface of the segment (11, right hand side including 11a) to cover the L-shaped member (11a, right side) and a L shaped member (11a, left side = second coupling member) into which the fixed attachment member (7) is inserted (Figures 3-4) [0031]-[0037] (= the second positive electrode plate includes a second covering member disposed on an upper surface of the first positive electrode plate to cover the first fastening member and a second coupling member into which the second fastening member is inserted).
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Figure 4 of KR 2020-0141369.
Nakaya discloses the use of a rotatable drum [0010], however is silent in regards to taking up the deposited metal foil therefore one of ordinary skill in the art would necessarily look to the art for workable take-up devices and arrive at a reference such as Huang.
In the same or similar field of electrodepositing copper foil (title), Huang discloses the use of a take-up roller (23) for winding the copper foil after completion of electrodeposition (Col. 8 lines 19-25, Col. 9 lines 7-13). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to produce an apparatus with a take-up roller for collecting the copper foil after electrodeposition.
Regarding claim 2, Nakaya discloses the segment (11) depicted in at least Figure 4. The segment includes multiple parts including a top portion overlying or covering a bent or L-shaped portion and a bottom portion. Similar to the instant application which includes a single plate with multiple portions assigned different ‘members’, the segment of Nakaya satisfies the claimed language since it includes a cover portion, a vertical portion and a bent portion. There does not appear to be any structural difference between the structure of Nakaya and the claimed invention. The claimed ‘coupled to’ is broad. Alternatively, the pressing member (6) may be interpreted as the covering member which there are multiple pressing members not depicted.
Regarding claims 3, the device of Nakaya includes multiple segments, one of which may read on the claimed base positive electrode plate which is coupled to the body (5) by any number of fastening members (e.g. 11a, 6, 7, etc.). The bolts of Nakaya are inserted into the portions of 11a and pressing member. The pressing members may also read on the claimed covering member since the pressing members (6) cover the portions (11a).
Regarding claim 4, in the device of Nakaya the segments including ‘base’ members are spaced apart. The groove may be interpreted as the opening of pressing member (6) which is covered by fixing member (17) and is disposed above a coupling member (e.g. portion of segment) (Figures 3-4).
Regarding claim 5, Nakaya discloses a device comprising a segment (11) having a groove (e.g. opening) disposed above a coupling member (e.g. portion of 11) and grooves or openings (e.g. 9, air gap) below a segment (11). The thicknesses of Nakaya appear to be uniform as claimed (Figures 3-4) (e.g. pressing member, 6 formed to have a uniform thickness as a first covering member extends in a first direction from the positive electrode plate and the first coupling member (11a) is formed to have a uniform thickness as the first coupling member extends in a second direction).
Regarding claim 6, Nakaya discloses a pressing member (6) having a sloped sideway that reads on the claimed smaller size as the member extends in a direction (Figures 3-4).
Regarding claim 7, Nakaya discloses multiple pressing elements (6) and segments (11) coupled to the body between a left and a right end which are consecutively disposed to partially overlap each other in a direction in which the first plate and the second plate are disposed with respect to the base plate (not pictured, however Nakaya indicates more than two segments of the electrode body (2).
Regarding claim 8, Nakaya discloses a first plate including a first covering member coupled to the body to overlap a portion of a base plate (not pictured, additional segments) and a first coupling member disposed to be spaced apart from the first covering member (e.g. portions of the segment with a cover portion, bent portion, L shaped portion, etc. including the pressing member read on the instant claim). As indicated by the instant specification, a single element (e.g. electrode plate, 61) may include multiple sections such as coupling member, covering member, bending member that are of the same single electrode plate. Given the segment shape of Nakaya including an additional element of the pressing member (6) for example, the disclosure of Nakaya reads on the claimed covering members and coupling members (Figures 3-4).
Regarding claim 9, Nakaya discloses an inclined surface of the pressing member (6) with inclined portions of the fixing member (17). The pressing member formed on the bent portion of the segment (11). Additional segments (11) read on the claimed base positive electrode member which also include the pressing member with an inclined surface with fixing member facing the inclined surface.
Claim(s) 1 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Hu et al. (CN 207918976) in view of Huang et al. (US 10,975,487).
Regarding claim 1, Hu discloses a metal foil production machine (title) including copper [0002] (= an apparatus for manufacturing a copper foil), comprising:
An electrolytic production assembly [0001]-[0004] which is intrinsically inclusive of an electrolyte (= an electrodeposition unit configured to electrodeposit a copper foil in an electroplating method using an electrolyte);
A cathode roller where the metal foil is deposited [0004] and an anode assembly [0019]-[0022] electrically connected with the electrolyte (= wherein the electrodeposition unit includes a negative electrode drum on which the electrodeposited copper foil is electrodeposited in the electroplating method using the electrolyte and a positive electrode unit electrically connected with the negative electrode drum through the electrolyte);
The anode (1) spaced apart from the drum and including a plurality of plates (2) [0019]-[0022] disposed on the upper surface of the body (1) and a plurality of nuts (4) and bolts (3) fastening each of the plates (2) to the anode body (1) [0021] and additionally including interlocking sections of the anode plates (2) (Figure 2) (= the positive electrode unit includes a positive electrode body spaced apart from the negative electrode drum, a plurality of positive electrode plates disposed on an upper surface of the positive electrode body, and a plurality of fastening units fastening each of the positive electrode plates to the positive electrode body),
A first anode plate (2) is coupled to the body (1) by any one of bolts, nuts, interlocking between anode plates (2) [0019]-[0022] (Figure 2) (= a first positive electrode plate among the positive electrode plates is coupled to the positive electrode body by a first fastening member among the fastening units);
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Figure 2 of CN 207918976.
Another anode plate (2) is coupled to the body (1) by the nuts, bolts and/or interlocking between plates [0021] (= a second positive electrode plate among the positive electrode plates is coupled to the positive electrode body by a second fastening member among the fastening units);
The another plate (2) includes a covering member (e.g. overlapping portion) disposed on another one of the anode plates which covers an interlocking member which includes multiple sides of the first anode plate, the second fastening member of Hu includes a segmented L-type shape interlocking portion which reads on the claimed first fastening member and second coupling member, the second fastening is the interlocking structure of the another anode plate (= the second positive electrode plate includes a second covering member disposed on an upper surface of the first positive plate to cover the first fastening member and a second coupling member into which the second fastening member is inserted). Since the instant specification assigns multiple terms such as covering member, fastening member, coupling member etc. to a single element (e.g. 61), the interpretation of Hu satisfies the claimed invention since multiple portions or sections of Hu read on the claimed covering member, fastening member, etc.
Hu discloses the use of a cathode roller, however is silent in regards to taking up the deposited metal foil therefore one of ordinary skill in the art would necessarily look to the art for workable take-up devices and arrive at a reference such as Huang.
In the same or similar field of electrodepositing copper foil (title), Huang discloses the use of a take-up roller (23) for winding the copper foil after completion of electrodeposition (Col. 8 lines 19-25, Col. 9 lines 7-13). Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to produce an apparatus with a take-up roller for collecting the copper foil after electrodeposition.
Regarding claim 10, Hu discloses wherein plates are coupled to the body between a left end and a right end (Figure 2). Hu discloses wherein some of the plates (2) are consecutively disposed to partially overlap each other in a direction in which another one of the plates is disposed with respect to the other plate (Figure 2).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEFANIE S WITTENBERG whose telephone number is (571)270-7594. The examiner can normally be reached Monday - Friday, 7:00 am -4:00 pm EST.
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/Stefanie S Wittenberg/Primary Examiner, Art Unit 1795