DETAILED ACTION
Status of Claims
Claims 1-15 are pending.
Claims 11-15 are withdrawn from consideration.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 Group I, claims 1-10 in the reply filed on 11 December 2025 is acknowledged. The traversal is on the ground(s) that the features of Group II are within claims 1-10 and therefore there is no search burden. This is not found persuasive because group 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 group II. Although group 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 Group II (e.g. outside the subject matter scope of Group I).
The requirement is still deemed proper and is therefore made FINAL.
Examiner’s Note
It is noted that withdrawn claim 14 indicates that it depends on claim 10, however, the preamble appears to indicate based on the claim language that claim 14 depends on claim 11.
Claim Objections
Claim 1 is objected to because of the following informalities: line 16 includes a reference number “(5)” however the remainder of the claim is not inclusive of reference numbers. It would be more appropriate to include all relevant reference numbers and/or remove the single reference number. Appropriate correction is required.
Claim 10 is objected to because of the following informalities: “portionto” appears to be a typo. Appropriate correction is required.
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) 1-8 and 10 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 metal foil production apparatus (title) including copper foil [0001] (= an apparatus for manufacturing a copper foil), comprising:
An electrodeposition apparatus within an electrolytic cell (19) including an electrolyte (3) [0037] (= an electrodeposition unit configured to electrodeposit a copper foil in an electroplating method using an electrolyte);
An electroplating drum (1) where the metal foil is deposited [0010], [0035]-[0037] and an electrode body (2) arranged to face the outer surface of the drum (1) and electrically connected in the electrolyte (3) (= 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);
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Figure 4 of KR 2020-0141369.
The electrode body (2) spaced apart from the drum and including a plurality of segments (11) [0023]-[0026] disposed on the upper surface of the body (2) and a plurality of fixing members (7) fastening each of the positive electrode segments to the electrode body (2) [0010] (= 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),
The segments includes an electrode plate (4) coupled to the body (2) between and left and right end of the body, a first pressing member (6, left hand side, Figure 4) (= first positive electrode plate) coupled to one side of the electrode plate (4) and a second pressing member (6, right hand side, Figure 4) coupled to the other side of the electrode plate (4) and spaced apart from the other pressing member [0060]-[0062] (Figures 2-4) (= the positive electrode plates include a base positive electrode plate coupled to the positive electrode body to be disposed between a left end of the positive electrode body and a right end of the positive electrode body, a first positive electrode plate coupled to one side of the base positive electrode plate, and a second positive electrode plate coupled to the other side of the base positive electrode plate to be spaced apart from the first positive electrode plate);
The electrode plate (4) is coupled to the body by fixed attachment member (7) (= the base positive electrode plate is coupled to the positive electrode body by a base fastening member among the fastening units);
The pressing member (6) partially overlaps the first portion of electrode plate (e.g. at 11a, 4) and covers fixing member (7) (Figure 4) (= the first positive electrode plate partially overlaps the base positive electrode plate to cover the base fastening member), and
The other pressing member (6, right hand side) overlaps the electrode plate (4) at a position spaced apart from the pressing member (6, left hand side) and covers the fixing member (7) (Figure 4) (= the second positive electrode plate partially overlaps the base positive electrode plate at a position spaced apart from the first positive electrode plate to cover the base fastening member).
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 wherein the electrode plate (4) includes a first portion overlapping the pressing member (6, left hand side), a second portion overlapping the pressing member (6, right hand side), and a middle portion disposed between the first and second portions to connect the first and second portions, and an upper surface of electrode plate (4) is disposed at a higher position than an upper surface of the first portion (Figure 4).
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Figure 4 of KR 2020-0141369.
Regarding claim 3, Nakaya discloses the pressing member (6) includes a first covering member disposed above the first portion of electrode plate (4) and the covering member is disposed to cover the first portion and disposed at the same height as the middle portion of electrode plate (4) (Figure 4). The claimed “covering member” is not particularly structurally limiting and for example, the instant specification indicates that a single element may include multiple members (e.g. see Figure 6 including 611, 612, 613).
Regarding claim 4, Nakaya discloses a pressing member (6) including a first covering member (e.g. bottom portion of pressing member) disposed above the first portion of the electrode plate (4), a fixing member (17) disposed to be spaced apart from the pressing member bottom portion, and a first bending member (e.g. 8, concave portion) connecting the pressing member and the fixing member (17) (e.g. electrically connecting or physically connected), and the concave portion is bent so that the pressing member bottom portion and the fixing member are disposed at different heights (Figure 4). The Examiner interprets the claimed ‘bent’ as having a shape. The method of forming a structure (e.g. bending) does not patentably distinguish the claims from the prior art.
Regarding claim 5, Nakaya discloses the electrode plate (4) including a first portion overlapping the pressing member (6), the pressing member (6) includes a first covering member disposed above the first portion (e.g. the bottom of pressing member), the fixing member (7) is not formed directly on the bottom portion of the pressing member (Figure 4).
Regarding claim 6, Nakaya discloses wherein a first portion of the electrode plate (4) is disposed between the pressing member bottom portion and the body (e.g. 2 or 5) so that one end of the first portion is in contact with the first bending member (Figure 4).
Regarding claim 7, Nakaya discloses wherein the electrode plate (4) includes a first base portion overlapping the pressing member (6, left hand side); a second base portion overlapping the pressing member (6, right hand side); a middle base portion disposed between the two pressing members to connect the two portions; and portions coupled to the first and middle portions having a height that increases therebetween (Figure 4).
Regarding claim 8, Nakaya discloses wherein the pressing member (6) includes a covered portion above the electrode plate (4) and a portion that is shaped as shown in Figure 4. The claimed “first covering member” is not particularly structurally limiting. The claimed “member” may be any portion that provides a cover and/or overlapping. Alternatively, the fixing member provides cover and is reduced in size. Moreover, selection of any shape would have been an obvious engineering design choice to provide an electrode that does not have concentrated current from any fixing attachment members as disclosed by Nakaya [0006].
Regarding claim 10, Nakaya discloses wherein the electrode plate (4) includes a first portion overlapping the pressing member (6, left hand side), a second portion overlapping a pressing member (6, right hand side), and a middle portion of the electrode plate (4) disposed between the first and second portions to connect the portions, the pressing member (6) is disposed about the first portion to cover the fixing member (7), the pressing member is disposed above the second portion to cover the fixing member formed on the second portion, and the fixing member is not formed on the middle electrode plate (Figure 4).
Claim(s) 1 and 9 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] (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),
The multiple plates disclose a ‘middle’ base plate, plate to the left and right of the base middle plate to form the claimed first and second plates [0019]-[0022] (Figure 2) (= the positive electrode plates include a base positive electrode plate coupled to the positive electrode body to be disposed between a left end of the positive electrode body and a right end of the positive electrode body, a first positive electrode plate coupled to one side of the base positive electrode plate, and a second positive electrode plate coupled to the other side of the base positive electrode plate to be spaced apart from the first positive electrode plate);
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Figure 2 of CN 207918976.
The anode is coupled to the body (1) by the nuts and bolts [0021] (= the base positive electrode plate is coupled to the positive electrode body by a base fastening member among the fastening units);
The left side plate overlaps the plate (e.g. middle plate) adjacent to the plate (Figure 2) (= the first positive electrode plate partially overlaps the base positive electrode plate to cover the base fastening member), and
A plate to the right overlaps the middle plate (Figure 2) (= the second positive electrode plate partially overlaps the base positive electrode plate at a position spaced apart from the first positive electrode plate to cover the base fastening member).
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 9, 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, and some of the other plates are consecutively disposed to partially overlap each other in a direction in which the second positive electrode plate is disposed with respect to the base positive electrode plate (Figure 2).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
CN 102239281 electrolytic electrode
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/Stefanie S Wittenberg/ Primary Examiner, Art Unit 1795