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 .
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:
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.
Claims 1, 2 and 6-10 are rejected under 35 U.S.C. 103 as being unpatentable over Suh et al. (hereinafter “Suh”) (U.S. Pub. No. 2020/0331187 A1, cited by Applicant).
Regarding claims 1, 2, 6, Suh teaches an apparatus 100 for manufacturing a battery pouch comprising a die 110 in which a pair of forming grooves 112 are formed with a partition wall 111 (rib having a forming protrusion whose upper end is flat) therebetween in a top surface thereof, on which a pouch film 10a (laminate sheet including a bridge) is disposed; and a pair of punches 120 (pushers; bar-type pusher) disposed above the die 110 to form a pair of accommodation parts 11 in the pouch film 10a while being respectively inserted into the pair of forming grooves 112 in a state of pressing the pouch film 10a (see paragraph 40). That is, in the apparatus 100 for manufacturing the pouch according to the first embodiment of the present invention, the pouch film 10a is disposed on a top surface of the die 110, and then, the pair of punches 120 descend. As a result, the pair of punches 120 are inserted into the forming grooves 112 in the state of pressing the pouch film 10a to form the accommodation parts 11 in the pouch film 10a (pusher is configured to press a sharp portion of the bridge) (see paragraph 41). The pair of punches 120 are provided on a punch holder 130 (pusher support portion). That is, the pair of punches 120 may be disposed on a bottom surface of the punch holder 130. Thus, when the punch holder 130 descends or ascends (configured to move in a vertical direction), the pair of punches 120 may descend or ascend at the same time (see paragraph 52). As clearly illustrated in FIGS. 1 and 2 of Suh, the punches 120 are aligned with the partition wall 111 such that the partition wall 111 passes between the punches 120 when the punch holder 130 and the punches 120 descend (pusher aligned with the forming protrusion).
Although Suh does not explicitly teach a frame including which supports the die 110 and the punch holder 130, it is understood by one of ordinary skill that these elements of Suh are not intended to be free-floating or manipulated by hand. It is well within the ambit of the ordinary artisan to provide adequate support and actuation for the apparatus of Suh, including a frame to permit the vertical motion of the punch holder and to support the die beneath it.
Regarding claim 7, it is clear from FIGS. 1 and 2 of Suh that the punches 120 are wider than a width of the partition wall 111.
Regarding claim 8, although Suh does not explicitly teach that stopping the downward movement of the pusher support portion when a power load applied during the downward movement of the pusher support reaches a reference value, it is well known in the art to provide safety measures by which the downward motion of a punch is stopped to prevent damage to the die or the punch itself. It is well within the ambit of the ordinary artisan to set a variety of threshold conditions for parameters such as force, pressure, time, or power, under which these safety measures may be engaged.
Regarding claim 9, Suh teaches that a heating member 140 may be disposed on or closely attached to the partition wall 111 to heat the pouch film 10a (see paragraph 53).
Regarding claim 10, although Suh does not explicitly teach a temperature range of the heater, it is understood by one of ordinary skill in the art that it is undesirable to melt the battery pouch during a punching process for shaping the battery pouch.
Allowable Subject Matter
Claims 3-5 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to STEPHAN J ESSEX whose telephone number is (571)270-7866. The examiner can normally be reached Monday - Friday, 8:30 am - 6:00 pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached at (571) 272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/STEPHAN J ESSEX/Primary Examiner, Art Unit 1727
Prosecution Insights