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 .
Status of Claims and Other Notes
Claims 1–10 are pending.
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 paragraph numbers cited in this Office Action in reference to the instant application are referring to the paragraph numbering of the PG-Pub of the instant application. See US 2023/0282871 A1.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement filed on 11 May 2023 does not fully comply with the requirements of 37 CFR 1.98(b) because:
Legible copies of cite nos. 1, 2, 5, and 6 in the foreign patent documents (i.e., CN 107834093 A, CN 108417882 A, CN 208986117 U, and CN 209056560 U) have not been provided. The copies provided include only the bibliographic data of the foreign patent document with the remaining pages being blank.
Since the submission appears to be bona fide, applicant is given ONE (1) MONTH from the date of this notice to supply the above mentioned omissions or corrections in the information disclosure statement. NO EXTENSION OF THIS TIME LIMIT MAY BE GRANTED UNDER EITHER 37 CFR 1.136(a) OR (b). Failure to timely comply with this notice will result in the above mentioned information disclosure statement being placed in the application file with the noncomplying information not being considered. See 37 CFR 1.97(i).
Drawings
The drawings are objected to because:
The numbers, letters, and/or reference characters of FIGS. 4 and 5 are not at least 0.32 cm (1/8 inch) in height. Numbers, letters, and reference characters must measure at least 0.32 cm. (1/8 inch) in height. See 37 CFR 1.84 (p)(3).
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.
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 following title is suggested: BATTERY CELL INSULATING FILM WRAPPING DEVICE INCLUDING PUSH MECHANISM, DEFINING MECHANISM, EDGE FOLDING MECHANISM, AND DRIVING UNIT.
Claim Objections
Claims 1–10 are objected to because of the following informalities:
Claims 1–10 recite, in the preamble, "device for wrapping insulating film around battery cell." Claims 1–10 should recited, in the preamble, "device for wrapping an insulating film around a battery cell" to improve the readability.
Appropriate correction is required.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term "means" or "step" or a term used as a substitute for "means" that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term "means" or "step" or the generic placeholder is modified by functional language, typically, but not always linked by the transition word "for" (e.g., "means for") or another linking word or phrase, such as "configured to" or "so that"; and
(C) the term "means" or "step" or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word "means" (or "step") in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word "means" (or "step") in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word "means" (or "step") are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word "means" (or "step") are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitations are:
A defining mechanism, an edge folding mechanism, and a driving unit in claim 1.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
The structure of the defining mechanism is considered to be a restraint base and a restraint block.
The structure of the edge folding mechanism is considered to be a connecting plate and two edge folding assemblies.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1–10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claim 1 recites the limitation "a driving unit … is configured to drive the edge folding mechanism to fold the edge of the insulating film wrapped around the battery cell and drive the push block to push the battery cell on the substrate." The written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function. There is not a clear association between a structure that performs the function of driving the edge folding mechanism to fold the edge of the insulating film wrapped around the battery cell and drive the push block to push the battery cell on the substrate. The figures illustrate a driving unit 4, but do not clearly describe the structure of the driving unit or clearly illustrate the details of the driving unit. Therefore, claim 1 contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Claims 2–10 are directly or indirectly dependent from claim 1 and include all the limitations of claim 1. Therefore, claims 2–10 also contain subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
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 1–10 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.
Claim 1 recites the limitation "driving unit, wherein the driving unit is configured to drive the edge folding mechanism to fold the edge of the insulating film wrapped around the battery cell and drive the push block to push the battery cell on the substrate," which invokes 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. However, the written description fails to disclose the corresponding structure, material, or acts for performing the entire claimed function and to clearly link the structure, material, or acts to the function.
There is not a clear association between a structure that performs the function of driving the edge folding mechanism to fold the edge of the insulating film wrapped around the battery cell and drive the push block to push the battery cell on the substrate. The figures illustrate a driving unit 4, but do not clearly describe the structure of the driving unit or clearly illustrate the details of the driving unit. Therefore, the claim is indefinite and is rejected under 35 U.S.C. 112(b) or pre-AIA 35 U.S.C. 112, second paragraph.
Claims 2–10 are directly dependent from claim 1 and include all the limitations of claim 1. Claims 2–10 do not recite sufficient structure to perform the function of driving the edge folding mechanism to fold the edge of the insulating film wrapped around the battery cell and drive the push block to push the battery cell on the substrate. Therefore, claims 2–10 are also 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.
Applicant may:
(a) Amend the claim so that the claim limitation will no longer be interpreted as a limitation under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph;
(b) Amend the written description of the specification such that it expressly recites what structure, material, or acts perform the entire claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(c) Amend the written description of the specification such that it clearly links the structure, material, or acts disclosed therein to the function recited in the claim, without introducing any new matter (35 U.S.C. 132(a)).
If applicant is of the opinion that the written description of the specification already implicitly or inherently discloses the corresponding structure, material, or acts and clearly links them to the function so that one of ordinary skill in the art would recognize what structure, material, or acts perform the claimed function, applicant should clarify the record by either:
(a) Amending the written description of the specification such that it expressly recites the corresponding structure, material, or acts for performing the claimed function and clearly links or associates the structure, material, or acts to the claimed function, without introducing any new matter (35 U.S.C. 132(a)); or
(b) Stating on the record what the corresponding structure, material, or acts, which are implicitly or inherently set forth in the written description of the specification, perform the claimed function. For more information, see 37 CFR 1.75(d) and MPEP §§ 608.01(o) and 2181.
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.
Claims 1 and 5–10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Peng (CN 207183432 U).
Regarding claim 1, Peng discloses a device (FIG. 2, [0012]) for wrapping an insulating film (5) around a battery cell (6), comprising:
a push mechanism (4, [0012]),
wherein the push mechanism (4) comprises a substrate (42) for holding a battery cell (6) and a push assembly (41, 43) disposed on the substrate (42, [0012]),
the push assembly (41, 43) comprises a push block (43, [0012]), and
the push assembly (43) further comprises a first restraint portion (41) for limiting a position of the push block (43, [0012]);
a defining mechanism (44, 45, 46; [0012]),
wherein the defining mechanism (44, 45, 46) is disposed on a side of the substrate (42, [0012]), and
the defining mechanism (44, 45, 46) is configured to define a position of the battery cell (6) on the substrate (42, [0012]);
an edge folding mechanism (3, [0012]),
wherein the edge folding mechanism (3) is disposed opposite the push mechanism (4, [0012]), and
the edge folding mechanism (3) is configured to fold an edge of an insulating film (5) wrapped around the battery cell (6, [0012]); and
a driving unit (32, [0012]),
wherein the driving unit (32) is configured to drive the edge folding mechanism (3) to fold the edge of the insulating film (5) wrapped around the battery cell (6) and drive the push block (43) to push the battery cell (6) on the substrate (42, [0012]).
Regarding, claim 5, Peng discloses all the claim limitations as set forth above and further discloses a device for wrapping an insulating film around a battery cell:
wherein the edge folding mechanism (3) comprises a connecting plate (33), a first edge folding assembly (31), and a second edge folding assembly (31, [0013]),
wherein a second sliding rail (FIG. 2, [0013]) is disposed on the connecting plate (33),
the first edge folding assembly (31) is disposed on the second sliding rail through a second slider (FIG. 2, [0013]),
the second edge folding assembly (31) is disposed on the second sliding rail through a third slider (FIG. 2, [0013]), and
the driving unit (32) is configured to drive the first edge folding assembly (31) and the second edge folding assembly (31) to approach or leave each other to fold the edge of the insulating film (5) wrapped around the battery cell (6, [0012]).
Regarding, claim 6, Peng discloses all the claim limitations as set forth above and further discloses a device for wrapping an insulating film around a battery cell:
wherein the first edge folding assembly (31) comprises a first hinged fixing plate (FIG. 2, [0013]),
the first hinged fixing plate is disposed on the second slider (FIG. 2, [0013]),
the second edge folding (31) assembly comprises a second hinged fixing plate (FIG. 2, [0013]), and
the second hinged fixing plate is disposed on the third slider (FIG. 2, [0013]); and
the edge folding mechanism (3) further comprises a first hinge plate (31) and a second hinge plate (31, [0012]),
wherein one end of the first hinge plate (31) is hinged with the first hinged fixing plate (FIG. 2, [0013]),
the other end of the first hinge plate (31) is hinged with one end of the second hinge plate (FIG. 2, [0013]), and
the other end of the second hinge plate (31) is hinged with the second hinged fixing plate (FIG. 2, [0013]).
Regarding, claim 7, Peng discloses all the claim limitations as set forth above and further discloses a device for wrapping an insulating film around a battery cell:
wherein a hinge guide slot is disposed on the connecting plate (33, [0013]), and
a joint of the first hinge plate (31) and the second hinge plate (31) moves up and down in the hinge guide slot through a guiding shaft (FIG. 2, [0013]),
so as to drive the first edge folding assembly (31) and the second edge (31) folding assembly to slide on the second sliding rail (FIG. 2, [0013]).
Regarding, claim 8, Peng discloses all the claim limitations as set forth above and further discloses a device for wrapping an insulating film around a battery cell:
wherein the driving unit (32) is configured to drive the push block (43) to push the battery cell (6) on the substrate (42) while driving the guiding shaft to move up and down in the hinge guide slot (FIG. 3, [0013]).
Regarding, claim 9, Peng discloses all the claim limitations as set forth above and further discloses a device for wrapping an insulating film around a battery cell:
wherein the defining mechanism (44, 45, 46) comprises a restraint base (45) and a first restraint block (46) disposed on the restraint base (45, [0013]), and
the first restraint block (46) comprises a second restraint portion (44) and a third restraint portion (46) that are configured to limit movement of the battery cell (6) in a horizontal direction (FIG. 3, [0013].
Regarding, claim 10, Peng discloses all the claim limitations as set forth above and further discloses a device for wrapping an insulating film around a battery cell:
wherein the defining mechanism (44, 45, 46, 47) further comprises a second restraint block (47) disposed on the restraint base (45, [0013]), and
the second restraint block (45) is configured to limit movement of the battery cell (6) in a vertical direction (FIG. 3, [0013]).
Claims 1–4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Wuxi Lead Intelligent Equipment Co Ltd. (CN 109065938 A, hereinafter Wuxi).
Regarding claim 1, Wuxi discloses a device (FIG. 1, [0070]) for wrapping an insulating film (800) around a battery cell (700), comprising:
a push mechanism (100, [0070]),
wherein the push mechanism (600) comprises a substrate (110) for holding a battery cell (700) and a push assembly (620) disposed on the substrate (110, [0091]),
the push assembly (620) comprises a push block (622, [0091]), and
the push assembly (620) further comprises a first restraint portion (621) for limiting a position of the push block (622, [0091]);
a defining mechanism (500, [0088]),
wherein the defining mechanism (500) is disposed on a side of the substrate (110, [0088]), and
the defining mechanism (500) is configured to define a position of the battery cell (700) on the substrate (110, [0088]);
an edge folding mechanism (200, [0073]),
wherein the edge folding mechanism (200) is disposed opposite the push mechanism (600, [0073]), and
the edge folding mechanism (200) is configured to fold an edge of an insulating film (800) wrapped around the battery cell (700, [0024]); and
a driving unit (300, [0083]),
wherein the driving unit (300) is configured to drive the edge folding mechanism (200) to fold the edge of the insulating film (800) wrapped around the battery cell (700) and drive the push block (622) to push the battery cell (700) on the substrate (110, [0083]).
Regarding, claim 2, Wuxi discloses all the claim limitations as set forth above and further discloses a device for wrapping an insulating film around a battery cell:
wherein the first restraint portion (621) is a restraint groove disposed on the push block (622, [0090]).
Regarding, claim 3, Wuxi discloses all the claim limitations as set forth above and further discloses a device for wrapping an insulating film around a battery cell:
wherein the push assembly (600) further comprises a slider fixing plate (140), a first slider (2122), and a cam assembly (212, [0075]),
wherein a first sliding rail (142) is disposed on the slider fixing plate (140, [00,
the first slider (2122) fits with the first sliding rail (142) and is capable of sliding along an extension direction of the first sliding rail (142, [0075]), and
the push block (622) is fixed onto the first slider (2122, [0075]); and
the cam assembly (212) comprises a cam (213) fitting with the restraint groove (2121, [0075]),
the cam (213) slides along an extension direction of the restraint groove (2121, [0075]), and
the cam (213) and the restraint groove (2121) fit with each other to limit the position of the push block (622, [0075]).
Regarding, claim 4, Wuxi discloses all the claim limitations as set forth above and further discloses a device for wrapping an insulating film around a battery cell:
wherein the driving unit (300) is configured to drive the push block (622) to slide along the extension direction of the first sliding rail (142) while driving the cam (213) to slide along the extension direction of the restraint groove (2121), to push the battery cell (700) on the substrate (110, [0075]).
Claims 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (KR 101287412 B1, hereinafter Kim).
Regarding claim 1, Kim discloses a device (100, [0009]) for wrapping an insulating film (111) around a battery cell (190), comprising:
a push mechanism (140, [0017]),
wherein the push mechanism (140) comprises a substrate (143) for holding a battery cell (190) and a push assembly (144, 145, 148) disposed on the substrate (143, [0024]),
the push assembly (144, 145, 148) comprises a push block (148, [0024]), and
the push assembly (144, 145, 148) further comprises a first restraint portion (144) for limiting a position of the push block (148, [0024]);
a defining mechanism (130, [0019]),
wherein the defining mechanism (130) is disposed on a side of the substrate (143, [0021]), and
the defining mechanism (130) is configured to define a position of the battery cell (6) on the substrate (143, [0021]);
an edge folding mechanism (141, 142; [0028]),
wherein the edge folding mechanism (141, 142) is disposed opposite the push mechanism (130, [0028]), and
the edge folding mechanism (141, 142) is configured to fold an edge of an insulating film (111) wrapped around the battery cell (190, [0024]); and
a driving unit (141b, 142b; [0028]),
wherein the driving unit (141b, 142b) is configured to drive the edge folding mechanism (141, 142) to fold the edge of the insulating film (111) wrapped around the battery cell (190) and drive the push block (148) to push the battery cell (190) on the substrate (143, [0028]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean P Cullen, Ph.D. whose telephone number is (571)270-1251. The examiner can normally be reached Monday to Thursday 6:00 am to 4:00 pm CT, Friday 6:00 am to 12:00 pm CT.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia A Ridley can be reached at (571)272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725