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 . If status of the application as subject to 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 a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Status of Claims
Claims 1-13 are pending in the application and are presently examined.
Claim Objections
Claims 2 & 10-11 are objected to because of the following informalities:
Claim 2 states “the same winding pin”. There is only one winding pin (a winding pin) introduced in claim 1, so there is no need for the word “same”. Examiner recommends removing the word “same”.
Claim 10 should be amended as follows, because winding pin, first groove, outer peripheral surface, electrode sheet, separator, and clamping pin were already introduced in claim 10:
10. A winding device for an electrode assembly, comprising: the positioning member according to claim 1, the winding pin, having the first groove arranged on the outer peripheral surface thereof, wherein the winding pin is used for winding the electrode sheet and the separator; and the clamping pin, configured to be inserted into the second groove of the positioning member; wherein the positioning member is used for positioning relative positions of the clamping pin and the winding pin.
Claim 11 should be amended as follows, because “electrode assembly” was already introduced in claim 10: “The winding device for the electrode assembly according to claim 10…”
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.
Claims 2-9 are rejected under 35 U.S.C. 112(b) as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor(s) regard as the invention.
Claim 2 states “the two first grooves” (plural). There is insufficient antecedent basis for this limitation in this claim. Note that claim 1 refers to “a first groove” (singular); however, the first groove is part of a use and is not in the claim.
Claim 2 states “two centering measuring tools… the centering measuring tool”. This should be amended for consistency of quantity (plural or singular centering measuring tool).
Claim 2 states that “the centering measuring tool is provided with the second groove”. Claim 1 already stated that “the positioning member is provided with a second groove”. It is unclear what the relationship is between the centering measuring tool and the positioning member, because both are provided with the second groove. For present examination, Examiner presumes that the centering measuring tool and the positioning member are the same component, or different sections of a single component.
Claim 2 states “the two second grooves” (plural). There is insufficient antecedent basis for this limitation in this claim. Claim 1 refers to “a second groove” (singular).
Claims 3-9 are rejected due to their dependence on claim 2.
Claim 3 states “the centering measuring tool” (singular). There is insufficient antecedent basis for this limitation in this claim. Note that claim 2 refers to “two centering measuring tools” (plural). Claims 2-3 should be amended for consistency of quantity (plural or singular centering measuring tool).
Claim 3 states
the centering measuring tool has a first surface arranged toward the winding pin, and the shape of the first surface matches that of an inner wall of the first groove so as to attach the first surface to the winding pin
It is unclear what is claimed here, because the winding pin and the first groove are part of the intended use but are never actually claimed as part of positioning member.
Claim 4 states “the shape of the second groove” and “the shape of the clamping pin”. There is insufficient antecedent basis for these limitations in this claim.
Claim 6 states
the extension length of the centering measuring tool in the axial direction of the winding pin is H, and 100 mm ≤ H ≤ 150 mm
It is unclear what is claimed here, because the winding pin is part of the intended use but are never actually claimed as part of positioning member. It is unclear what direction is the length of the centering measuring tool in the axial direction of the winding pin.
Also, there is insufficient antecedent basis for “the extension length” and “the axial direction”.
Claim 7 states
the centering measuring tool comprises… a guide portion… wherein there are two guide portions… the two guide portions
It is unclear whether the guide portion is the same as or different from the two guide portions. For present examination, Examiner presumes that the following is the intended meaning of claim 7:
7. The positioning member according to claim 2, wherein the centering measuring tool comprises:
a filling portion arranged in the first groove;
two guide portions
wherein each of the two guide portions protrude out of the filling portion along a surface of the filling portion away from the winding pin;
wherein the filling portion and the two guide portions jointly enclose to form the second groove.
Claim 8 states
the minimum distance between the two guide portions is H1, and the thickness of the clamping pin is D1, wherein 0.08 mm ≤ H1-D1 ≤ 0.15 mm
The clamping pin is mentioned in claim 1 as part of an intended use, but is never claimed as part of the positioning member. It is unclear how to analyze a difference between a claimed component (H1) and an unclaimed component (D1). Also, there is insufficient antecedent basis for “the minimum distance” and “the thickness”.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
The claims are in bold font, the prior art is in parentheses.
Claims 1-4 & 7-9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by CN208659484U machine translation (Liu).
Liu teaches the following claim 1 limitations:
A positioning member (Abstract, page 1, line 10: guide needle sleeve), wherein… the positioning member is provided with a second groove (Abstract, page 1, lines 13-15; figures 1-4: second guiding needle groove 3), which is configured for a clamping pin to insert so as to position relative positions of the first groove and the clamping pin
The guide needle sleeve has a second guiding needle groove 3, so this groove is configured for clamping pin insertion. The clamping pin is never claimed as part of the positioning member – the claim is only for a positioning member with a second groove configured for clamping pin insertion.
Claim 1 also states:
the positioning member is used for being inserted into a first groove on an outer peripheral surface of a winding pin, which is used for winding an electrode sheet and a separator
The above claim limitation, which is an intended use, doesn’t limit the claim for examination purposes:
“‘[A]pparatus claims cover what a device is, not what a device does.’ Hewlett-Packard Co.v.Bausch & Lomb Inc., 909 F.2d 1464, 1469, 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (emphasis in original). 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)”
MPEP 2114 II
Applicant can file method claims in a continuation application for the above use.
Claim 2 was rejected under 35 U.S.C. 112(b) as being indefinite for four different reasons. Claim 2 is not analyzed for patentability over the prior art due to unclear and indefinite language.
With regard to claim 3, modified Liu teaches the limitations of claim 1 as described above. Claim 3 states:
the centering measuring tool has a first surface arranged toward the winding pin, and the shape of the first surface matches that of an inner wall of the first groove so as to attach the first surface to the winding pin
As discussed in the 35 USC § 112 section above, the centering measuring tool and the positioning member are interpreted to be the same component, or different sections of a single component. The winding pin and the first groove are part of the intended use in claim 1, and thus do not limit the claim. Liu’s positioning member / centering measuring tool has a surface, and thus has a first surface. There is no information in the claim for the shape of the inner wall of the first groove, so any shape of Liu’s positioning member / centering measuring tool first surface matches this unspecified shape.
With regard to claim 4, modified Liu teaches the limitations of claim 1 as described above. Claim 3 states:
the shape of the second groove matches the shape of the clamping pin
There is no information in the claim for the shape of the clamping pin, and the clamping pin is never part of the claim. A positioning member with a second groove configured for clamping pin insertion is claimed, but not the clamping pin itself. The second groove has a shape, so this shape is presumed to match the unknown clamping pin shape.
With regard to claim 7, modified Liu teaches the limitations of claim 1 as described above. Claim 7, as interpreted by the Examiner, states:
the centering measuring tool comprises:
a filling portion arranged in the first groove;
two guide portions
wherein each of the two guide portions protrude out of the filling portion along a surface of the filling portion away from the winding pin;
wherein the filling portion and the two guide portions jointly enclose to form the second groove.
As discussed in the 35 USC § 112 section above, the centering measuring tool and the positioning member are interpreted to be the same component, or different sections of a single component. The winding pin and the first groove are part of the intended use in claim 1, and thus do not limit the claim.
As illustrated below, Liu teaches the limitations of claim 7:
Figure A: Annotated Liu Figure 3
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With regard to claim 8, modified Liu teaches the limitations of claims 1 & 7 as described above. Claim 8 states:
the minimum distance between the two guide portions is H1, and the thickness of the clamping pin is D1, wherein 0.08 mm ≤ H1-D1 ≤ 0.15 mm
This limitation was rejected under 35 U.S.C. 112(b) for being indefinite. It is not possible to analyze this limitation until the 35 U.S.C. 112(b) rejection is resolved; therefore, this claim limitation is disregarded for prior art analysis.
With regard to claim 9, modified Liu teaches the limitations of claim 1 as described above. Claim 9 states:
a surface of the centering measuring tool is provided with a thickness identification
Liu’s guide needle sleeve has a thickness. This thickness itself is a thickness identification.
Claim 9 also states the following intended use:
the thickness identification used for matching the centering measuring tool with winding pins having first grooves of different shapes and clamping pins of different thicknesses
This intended use doesn’t limit the claim for examination purposes. See MPEP 2114 II, recited above.
With regard to claim 12, modified Liu teaches the limitations of claim 1 as described above. Claim 12 states:
A battery manufacturing device, comprising the positioning member according to claim 1
Claim 12 provides no added limitations. The preamble, A battery manufacturing device, does not limit the claim because it provides merely an intended use and adds no additional structural features to the positioning member.
Claim Rejections - 35 USC § 103
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:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
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.
The claims are in bold font, the prior art is in parentheses.
Claims 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over CN208659484U machine translation (Liu).
With regard to claim 5, Liu teaches the limitations of claims 1-2 as described above. Claim 5 states:
the centering measuring tool is made of a metal material, and the Vickers hardness of the metal material is greater than or equal to 200 HV
Liu fails to teach material of the guide needle sleeve. Many tools are made of stainless steel, because it is hard, durable, and corrosion resistant. Most steel has hardness ≥ 200 HV1. It would have been obvious, to one of ordinary skill in the art, before the effective filing date of the invention, for Liu’s guide needle sleeve to be made of stainless steel with hardness ≥ 200 HV, for steel’s properties such as hardness, durability, and corrosion resistance.
With regard to claim 6, Liu teaches the limitations of claims 1-2 as described above. Claim 6 states:
the extension length of the centering measuring tool in the axial direction of the winding pin is H, and 100 mm ≤ H ≤ 150 mm
Liu fails to teach this dimension. It would have been obvious, however, to one of ordinary skill in the art, before the effective filing date of the invention, to adjust length of the centering measuring tool to allow functioning with associated tools.
Allowable Subject Matter
Claims 10-11 & 13 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 allowable subject matter:
CN208659484U (Liu) and CN112490488A (Ni) are the closest prior art of record. Liu teaches the positioning member of claim 1 as described above.
Ni teaches the following claim 10 limitations:
10. A winding device for an electrode assembly (page 10, lines 4-7; figure 1: electric core manufacturing device 1), comprising…
a winding pin (page 10, lines 4-7; figures 1-3: winding pin 6), having a first groove (page 11, lines 14-17; figures 2 & 4: blanking abdication groove 6b) arranged on an outer peripheral surface thereof,
wherein the winding pin is used for winding an electrode sheet and a separator (MPEP 2114 II: intended use doesn’t limit the claim); and
a clamping pin (page 11, lines 20-22; figure 4: inner clamping needle 101 or outer clamping needle 102), configured to be inserted into the second groove of the positioning member;
wherein the positioning member is used for positioning relative positions of the clamping pin and the winding pin (MPEP 2114 II: intended use doesn’t limit the claim).
Ni fails to teach:
the positioning member according to claim 1… [the] clamping pin, configured to be inserted into the second groove of the positioning member
Although Liu teaches the positioning member, a person skilled in the art would not have combined Liu’s intervertebral hole guide needle sleeve with Ni’s electric core manufacturing device, because these are different fields and are directed to solving different problems. A person skilled in the art would have no motivation or teaching to combine Liu and Ni in this way.
Claims 11 & 13 are allowable due to their dependence on claim 10.
Conclusion
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/R.G.W./Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
1 https://www.steelexpress.co.uk/steel-hardness-conversion.html