DETAILED ACTION
Claims 1-15 are presented for examination, wherein claims 9-12 are withdrawn; and, claims 13-15 are newly added.
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
Claims 9-12 are withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected invention, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on February 2, 2026. The applicant alleges the following.
The claims are directed to a single integrated inventive concept, namely the safe disposal of a battery by water-jet division followed by immersion-based electrical discharge, and are therefore not independent or distinct.
Restriction between product (apparatus) and process (method) claims is improper where the process is specifically adapted to use the product, or where the product is specifically adapted to perform the process.
Here, the claimed method is specifically adapted to be carried out by the claimed apparatus, and the apparatus is specifically configured to perform the recited method steps. The Examiner has not identified any materially different apparatus capable of performing the method, nor any materially different method by which the apparatus could be used.
(Remarks, at e.g. 6:6-7:1.)
This is not found persuasive because as noted in the December 4, 2025 restriction requirement, the apparatus of Group I may be performed by a different method than that of Group II, such as e.g. randomly seating a battery prior to transferring the battery to a downstream side.
The requirement is still deemed proper and is therefore made FINAL.
Drawings
The drawings are objected to because Figure 3 labels one aligning part as item 10, while labels another one aligning part as item 12. However, item 12 refers to “one pair of guide bars” and “”at least two guide bars” (emphasis added, see instant specification, at e.g. ¶¶ 0059-60).
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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.
Claim Objections
Claim 5 is objected to because it should indicate the claimed “separating part” is an additional component than those claimed independent claim 1, by claiming e.g. “separating part further is placed between the cutting part and the discharging part” (emphasis added). Appropriate correction is respectfully 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.
Claims 1, 4, 8, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (CN 208977614, published 2019) in view of Kim et al (KR 101827824, published 2018).
Regarding independent claim 1, Li teaches a device for cutting waste square power batteries using a waterjet cutting machine, which had advantages over conventional battery disassembly methods, including e.g. not generating dust or polluting gases, wherein said device comprises:
(i) a conveying device (e.g. item 2) is a belt conveyor that includes two side baffles (e.g. items 20),
wherein said side baffles are parallel to one another and extend from a beginning to an end of said device along an entire conveying direction of said conveying device,
wherein said side baffles are used to fix a position of a battery (e.g. item 1) in a front-back direction (perpendicular to said conveying direction of said conveying device), wherein said side baffles serve as a guide for said battery, so that said position of said battery on said conveying device is kept stable and conveyed,
wherein said conveying device is fixedly mounted on mounting frames (e.g. items 5), such as four mounting frames (e.g. items 5a, 5b, 5c, and 5d, as notated in Annotated Figure 1, infra), said four mounting frames spaced apart from one another, said conveying device may be considered to have three portions:
(i.a) a first portion of said conveying device (e.g. item 2a, hereinafter “Introducing Portion,” as notated in Annotated Figure 1, infra), is located between a first and second mounting frames (e.g. items 5a and 5b, respectively), wherein said first mounting frame is located at a beginning of said conveying device and said second mounting frame is located prior to a waterjet cutting device (e.g. item 3);
(i.b) a second portion of said conveying device (e.g. item 2b, hereinafter “Transfer Portion,” as notated in Annotated Figure 1, infra), is located between said second and a third mounting frames (e.g. items 5b and 5c, respectively), wherein said third mounting frame is located after to a waterjet cutting device (e.g. item 3);
(i.c) a third portion of said conveying device (e.g. item 2c, hereinafter “Removing Portion,” as notated in Annotated Figure 1, infra), is located between said third and a fourth mounting frames (e.g. items 5c and 5d, respectively), wherein said fourth mounting frame is located at an end of said conveying device,
wherein said battery (item 1), which is to be cut, is fixedly mounted on said conveying device at said beginning, such that a length direction of said battery is perpendicular to said conveying direction of said conveying device, and a head and a tail of said battery protrude outside said conveying device,
wherein said Introducing Portion (e.g. item 2a) of said conveying device carries said battery from said beginning to said Transfer Portion (e.g. item 2b) of said conveying device,
wherein said Transfer portion (e.g. item 2b) of said conveying device carries said battery to and from a waterjet cutting device (e.g. item 3), and
wherein said Removing Portion (e.g. item 2c) of said conveying device carries said battery from said Transfer Portion of (e.g. item 2b) of said conveying device to said end;
(ii) said waterjet cutting device (e.g. item 3) is adjustably positioned above said conveying device, said waterjet cutting device may comprise
(ii.a) a first high-pressure water gun (e.g. item 7),
(ii.b) a second high-pressure water gun (e.g. item 8), and
(ii.c) a cutting bracket (e.g. item 10) is set up to support said first and second water gun directly above said conveying device and is further set up to adjustably move said first and second water gun in a vertical direction and a horizontal direction,
wherein said water jet cutting device sprays high-pressure water jet and cuts said head and said tail of said battery so that after cutting, said tail and said head of said battery fall into a water tank (e.g. item 6) and the remaining cut battery is moved by said conveying device along said conveying direction to an output end of said conveying device;
(iii) said water tank (e.g. item 6) is provided below said conveying device to collect high-pressure water jets sprayed by said water jet cutting device and said head and said tail of said cut battery,
wherein after cutting, said tail and said head of said battery fall into said water tank (e.g. item 6) and said remaining cut battery is continued to be moved by said conveying device along said conveying direction to said output end of said conveying device; and,
(iv) a collection device (e.g. item 4), for collecting the cut batteries, is located at said output end of said conveying device, wherein said cut battery falls from said output end of said conveying device into said collection device
(e.g. ¶¶ 0002, 10-14, 17, 29-36, and 39-42 plus e.g. Figures 3), reading on “battery disposal apparatus, said device comprising:
(1) said waterjet cutting device (e.g. item 3) sprays high-pressure water jet and cuts said head and said tail of said battery so that after cutting, said tail and said head of said battery fall into said water tank (e.g. item 6) and said remaining cut battery is moved by said conveying device along said conveying direction to an output end of said conveying device (e.g. supra), reading on “a cutting part configured to cut and divide a battery…the cutting part is configured to incise or cut the battery in a preset pattern by water jet;” and,
(2) said collection device (e.g. item 4), for collecting the cut batteries, is located at said output end of said conveying device, wherein said cut battery falls from said output end of said conveying device into said collection device (e.g. supra), reading on “a…part…,” but does not expressly teach the limitation “a discharging part configured to immerse and discharge divided pieces of the battery cut and divided in the cutting part in a discharging solution.”
However, Kim teaches a device (e.g. item 100) for cutting waste batteries into cut batteries and then discharging said cut battery underwater, said device first cuts a battery and then drops cut batteries into a discharge unit (e.g. item 200) that includes a storage rack (e.g. item 220) and a discharge control unit (e.g. item 230),
wherein said storage rack receives said cut batteries and stores and discharges them underwater in e.g. distilled water and electrolyte from said cut batteries; and,
wherein said discharge control unit is electrically connected to the cut battery cells in the storage rack to control the start and stop of discharge, thereby reducing process time and/or reducing risk of fire and explosion
(e.g. ¶¶ 0001, 09-11, 18, 20, 24-25, 43, 63-69, 84-88, and 99-101 plus e.g. Figures 1-2 and 6-7).
As a result, it would have been obvious to substitute the discharge unit of Kim for the collection device of Li wherein cut batteries are stored and discharged underwater, since Kim teaches its discharge unit—by storing and discharging cut batteries underwater—may reduce process time and/or reduce risk of fire and explosion.
Li as modified reading on “a discharging part configured to immerse and discharge divided pieces of the battery cut and divided in the cutting part in a discharging solution.
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Regarding claims 4 and newly added 14, Li as modified teaches the device of claim 1, wherein Li teaches said conveying device (e.g. item 2) is said belt conveyor that includes two side baffles (e.g. items 20),
wherein said side baffles are parallel to one another and extend from said beginning to said end of said device along said entire conveying direction of said conveying device,
wherein said side baffles are used to fix said position of a battery (e.g. item 1) in said front-back direction (perpendicular to said conveying direction of said conveying device), wherein said side baffles serves as said guide for said battery, so that said position of said battery on said conveying device is kept stable and conveyed,
wherein said battery (item 1), which is to be cut, is fixedly mounted on said conveying device at said beginning, such that said length direction of said battery is perpendicular to said conveying direction of said conveying device, and said head and said tail of said battery protrude outside said conveying device, said conveying device may be considered to have three portions:
wherein said Introducing Portion (e.g. item 2a, see Annotated Figure 1, supra) of said conveying device carries said battery from said beginning to said Transfer Portion (e.g. item 2b) of said conveying device,
wherein said Transfer portion (e.g. item 2b, see Id) of said conveying device carries said battery to and from a waterjet cutting device (e.g. item 3), and
wherein said Removing Portion (e.g. item 2c, see Id) of said conveying device carries said battery from said Transfer Portion of (e.g. item 2b) of said conveying device to said end
(e.g. supra), reading on “further comprising: an aligning part disposed at an upstream side of the cutting part, wherein the aligning part comprises: an introducing conveyor configured to seat and align the battery and transfer the battery to a downstream side; and at least two guide bars disposed to be spaced apart from each other by facing each other along a moving direction of the introducing conveyor” (claim 4) and “the guide bar extends from the introducing conveyor to a front of a transfer conveyor of the cutting part” (newly added claim 14).
Regarding claim 8, Li as modified teaches the device of claim 1, wherein said discharge unit stores and discharges cut batteries underwater, in e.g. distilled water and battery electrolyte (e.g. supra), reading on “the discharging solution comprises water (H2O).”
Claims 2-3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al (CN 208977614, published 2019) in view of Kim et al (KR 101827824, published 2018), as provided supra, in view of Chengdu (CN 108110363, published 2018).
Regarding claim 2, Li as modified teaches the device of claim 1, wherein Li teaches said conveying device (e.g. item 2) is said belt conveyor, wherein said battery (item 1), which is to be cut, is fixedly mounted on said conveying device at said beginning, such that a length direction of said battery is perpendicular to said conveying direction of said conveying device, and a head and a tail of said battery protrude outside said conveying device (e.g. supra), reading on “the cutting part comprises: a transfer conveyor which has … an inner portion of a belt of the transfer conveyor supporting the battery and transfers the battery;” and,
said waterjet cutting device (e.g. item 3) is adjustably positioned above said conveying device, wherein said water jet cutting device sprays high-pressure water jet and cuts said head and said tail of said battery (e.g. supra), reading on “the cutting part comprises…a water jet unit located above the transfer conveyor configured to spray a water jet.”
Li as modified does not expressly teach said belt “has a drainage hole formed in an inner portion of a belt.”
However, Chengdu teaches a machine for cracking waste batteries using a cutting machine using high-pressure water flow to cut waste batteries; a conveyor belt (e.g. item 11) used to transport said waste batteries to/from said cutting machine, wherein said conveyor belt is a plate chain; and, a water collection tank (e.g. item 14) provided below said conveyor belt to collect and recycle water from said cutting machine (e.g. ¶¶ 0002, 06, 08-10, 12, 17, and 20-22 plus e.g. Figures 1-2).
As a result, it would have been obvious to substitute the conveyor belt of Chengdu, which is said plate chain, for the conveyor belt of Li as modified, since Chengu teaches its plate chain conveyor belt is suitable for use with a cutting device that uses high-pressure water flow.
Further, a plate chain conveyor belt indicates it has a portion within it that has holes therein, to permit water to pass through it, in order for said water collection tank—which is provided below said conveyor belt, and/or it would have been obvious to further design said plate chain conveyor belt to include holes within it, in order to permit water to pass through it to said water collection tank so said water collection tank may collect and recycle water from said cutting machine.
Li as modified reading on “the cutting part comprises: a transfer conveyor which has a drainage hole formed in an inner portion of a belt of the transfer conveyor supporting the battery and transfers the battery.”
Regarding claim 3, Li as modified teaches the device of claim 2, wherein Li teaches said waterjet cutting device (e.g. item 3) is adjustably positioned above said conveying device, said waterjet cutting device may comprise said cutting bracket (e.g. item 10) that is set up to adjustably move said first and second high-pressure water guns in said vertical direction and said horizontal direction (e.g. supra), wherein said vertical and horizontal directions correspond with the claimed X and Y axes; and, regarding the limitation “reciprocates,” a method step of operating said device does not patentably distinguish an apparatus from the art, see e.g. MPEP § 2114, reading on “the water jet unit reciprocates a water jet nozzle, which sprays the water jet at high pressure on a two-axis (X and Y axes) plane.”
Regarding newly added claim 13, Li as modified teaches the device of claim 3, wherein the limitation “the drainage hole is formed to have a size and shape corresponding to a movable range of the water jet nozzle or a cut portion of the battery” does not patentably distinguish the instant invention from the art, see e.g. MPEP § 2144.04(IV)(A/B), see further instant specification, at e.g. ¶0063.
Allowable Subject Matter
Claims 5-7 and 15 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: none of the timely art of record teaches or suggests the claimed battery disposal apparatus of claim 5, from which claims 6-7 depend, specifically including the separating part is further placed between the cutting part and discharging part, wherein said separating part has the specifically claimed components in the specifically claimed arrangements, in addition to those claimed in independent claim 1. For illustrative purposes, see e.g. instant Figure 4.
Conclusion
The art made of record and not relied upon is considered pertinent to applicant's disclosure.
Uchida (US 2024/0021901);
Ho et al (US 2018/0013181);
Deighton (US 2015/0118940);
Sloop (US 2010/0146761); and,
Sekiya (US 2005/0181713).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to YOSHITOSHI TAKEUCHI whose telephone number is (571)270-5828. The examiner can normally be reached M-F, 8-4.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, TIFFANY LEGETTE-THOMPSON can be reached at (571)270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/YOSHITOSHI TAKEUCHI/Primary Examiner, Art Unit 1723