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 .
Election/Restrictions
Applicant’s election without traverse of Group II, claims 7-13 in the reply filed on 12/8/25 is acknowledged. Thus, claims 1-6 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention I, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/8/25.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters "52, 53 " and "81, 82" have both been used to designate a first and a second property measurer (see pages 26-27). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The abstract should be revised to reflect (elected) device invention.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Further, the specification is objected to because the reference characters "52, 53 " and "81, 82" have both been used to designate as first and second property measurers (see pages 26-27) and it is clearly that they are instead not the same elements or entities. Appropriate correction is required.
Claim Objections
Claims 7-13 are objected to because of the following informalities:
Since the claims directed to a device and the body of the claim includes a list of structural elements (e.g., 20, 51, 81, 30) but no interconnect between such elements in order to form a working device. The Examiner presumes that the claims directed to “A continuously manufacturing a secondary cell electrode device/system” bases on the claim languages of the body of base claim 7, and claims will be rejected accordingly. Appropriate correction is required.
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.
Claims 7-13 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.
It is unclear as to how the list of the elements or structural elements of (e.g., a dispersion kneader, a first property measurer, a redispersion kneader, a controller) as representing in the body of the base claims 7 is/are connectively attached to one another to form a working device. Base on the present formats claim 7 appears to be incomplete for reason set forth above.
Claims 8-9 appears to be in method formats since no structural element existed in these claims. It is suggested that rewrite claims 8-9 to proper structure claim formats (e.g., 81, 82, impedance measurer or sensors or meter).
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.
Claim(s) 7-13 as best understood is/are rejected under 35 U.S.C. 103 as being unpatentable over Okamura (JP 2018067433).
Okamura discloses the claimed manufacturing device for continuously manufacturing a secondary cell electrode composite slurry, the manufacturing device comprising:
a dispersion kneader 3 (as mixing apparatus 3) that continuously disperses and kneads a material of the electrode composite slurry (see discussion under the heading “Solution” and /or ¶ [0024], and Figs. 2-6);
a first property measurer 6 (as first viscosity meter 6) that measures a property of the electrode composite slurry which has been dispersed and kneaded (see ¶ [0027], and Figs. 2-6);
a redispersion kneader (as second mixing device 9) that redisperses and kneads the electrode composite slurry (see ¶ [0028], and Figs. 2-6); and
a controller 11/19 that determines whether or not a redispersing-kneading step is performed based on a result of the measurement performed by the first property measurer (see ¶¶ [0031, 0057], and Figs. 3-6).
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Note that in regarding to the functionally phrases after each of the elements cited above claim 7 is/are considered to be functionally intended use and clearly that no structure inventive features existed thereto.
Limitations of claims 8-9, 11 are is/are also met by the above, since no further structure features existed in these claims.
As applied to claim 12, refer to 8 for teaching of second viscosity measurer (see Fig. 4).
Claim(s) 8-9, 13 as best understood is/are rejected under 35 U.S.C. 103 as being unpatentable over Okamura (JP 2018067433) in view of Sasaoka et al (JP 2015222651).
As applied to claims 8-9 regarding to “wherein the first property measurer measures at least an impedance of the electrode composite slurry” is not structure limitation, however regarding to the above the Sasaoka discloses the impedance measure includes measures at least an impedance of the electrode composite slurry (see Figs. 1-2 in light of described in ¶¶¶ [0011, 0111, 0120, 0123]). Therefore, the limitation of claim 8 would be obvious to made by an ordinary skill in the art at the effective filing date of the invention to employ the teaching of Sasaoka et al as noted above onto the invention of Okamura in order to facilitate the operation process of impedance measuring by utilize w/ the known and available techniques.
As applied to claim 13 appears to meet by references cited above (see Fig. 5 of Okamura which depicts the redispersing 8 includes tube that connected to container 9 and turned portion 18 and a flow path as indicated by arrows thereto, respectively).
Claim(s)10 as best understood is/are rejected under 35 U.S.C. 103 as being unpatentable over Okamura (JP 2018067433) in view of Takakuwa (20210155500).
As applied to claim 10, regarding limitation of a magnetic separator that removes a magnetic metal by performing magnetic separation on the electrode composite slurry. The Takakuwa discloses such above (see Fig. 2). Therefore, it would have been obvious to one having an ordinary skill in the art at the effective filing date of the invention to employ the teaching of Takakuwa as noted above onto the invention of Okamura in order to form the device include that as mentioned above facilitate operation would result. The motivation for the combination can be found in either reference since they are in same field invention.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MINH N TRINH whose telephone number is (571)272-4569. The examiner can normally be reached M-TH ~5:00-3:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Thomas J Hong can be reached at 571-272-0993. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/MINH N TRINH/ Primary Examiner, Art Unit 3729
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