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
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.
Claim(s) 1, 3, 7-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiang et al. CN201038263 in view of Li (US 5,259,395)
With respect to claim 1, Xiang et al. discloses a winding needle sleeve 3, a wall of the winding needle sleeve being provided with a through slot 30 extending through the wall, and the through slot 30 extending from one end to the other end of the winding needle sleeve, so as to allow expansion or contraction of the winding needle sleeve in a radial direction. [Figure 4; 0029-0040]
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Xiang et al. discloses wherein the through slot 30 extends linearly in an axial direction of the winding needle sleeve 3. [0014; 0030-0035]
Xiang et al. does not disclose the through slot extends helically about the central axis of the winding needle sleeve.
Li discloses a winding needle sleeve 18 including a through slot extends helically about the central axis of the winding needle sleeve. [Figure 2]
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the winding needle sleeve of Xiang et al., to include a through slot extends helically about the central axis of the winding needle sleeve, as disclosed in Li, in order to allow for a secure guided connection.
With respect to claim 3, Xiang et al. discloses wherein the wall of the winding needle sleeve 3 is further provided with a through hole 32 for an electrolyte to pass. [0015-0016]
With respect to claim 7, Xiang et al. discloses a battery unit, comprising: an electrode assembly; and a winding needle sleeve according to claim 1, wherein the winding needle sleeve is placed in a central hole of the electrode assembly. [0030-0036; Figures 1-6; Abstract]
With respect to claim 8, Xiang et al. discloses a battery, comprising a battery unit according to claim 7. [0030-0036; Figures 1-6; Abstract]
With respect to claim 9, Xiang et al. discloses a power consuming device, comprising a battery according to claim 8, the battery being used for supplying power. [Abstract; 0001-0018]
With respect to claim 10, Xiang et al. discloses a winding device [Figure 5], comprising:
a driving mechanism 22;
a winding needle 2; and
a winding needle sleeve 3 according to claim 1, wherein the driving mechanism is used for driving the winding needle 2 to rotate, the winding needle sleeve 3 is sleeved on the winding needle 2, and the winding needle sleeve 3 is used for winding an electrode plate and a separator stacked to each other to form an electrode assembly [0026-0036; Figures 1-6].
With respect to claim 11, Xiang et al. discloses wherein the winding needle 2 comprises a second transmission portion 1/21, the second transmission portion is used for cooperating with the winding needle sleeve 3, such that the winding needle 2 drives the winding needle sleeve 3 to synchronously rotate. [0028-0035; Figures 1-6]
With respect to claim 12, Xiang et al. discloses further comprising a compounding mechanism 1 for compounding the separator to the winding needle sleeve 3. [0026-0036; Figures 1-6].
Claim(s) 4-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Xiang et al. CN201038263 in view of Li (US 5,259,395) as applied to claim 1 above in further view of Wang et al. CN101984515.
With respect to claim 4, Xiang et al. does not disclose wherein the winding needle sleeve comprises a first transmission portion, the first transmission portion being used for cooperating with a winding needle such that the winding needle can drive the winding needle sleeve to synchronously rotate.
Wang et al. discloses a winding needle sleeve 2, wherein the winding needle sleeve 2 comprises a first transmission portion, the first transmission portion being used for cooperating with a winding needle 1 such that the winding needle 1 can drive the winding needle sleeve 2 to synchronously rotate. [Abstract; Figure 1; 0008-0040]
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the winding needle sleeve of Xiang et al., to include a first transmission portion, as disclosed in Wang et al., in order to reduce the internal resistance of the battery and to improve the high-current discharge performance of the battery
With respect to claim 5, Xiang et al. does not disclose wherein the first transmission portion comprises at least one recess, the recess extending from an end face of the winding needle sleeve in an axial direction of the winding needle sleeve.
Wang et al. discloses wherein the first transmission portion comprises at least one recess, the recess extending from an end face of the winding needle sleeve 2 in an axial direction of the winding needle sleeve 2. [Abstract; Figure 1; 0008-0040]
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the winding needle sleeve of Xiang et al., to include a first transmission portion, as disclosed in Wang et al., in order to reduce the internal resistance of the battery and to improve the high-current discharge performance of the battery
With respect to claim 6, Xiang et al. does not disclose wherein a plurality of recesses are provided, and the plurality of recesses are distributed at intervals about the central axis of the winding needle sleeve.
Wang et al. discloses wherein a plurality of recesses are provided, and the plurality of recesses are distributed at intervals about the central axis of the winding needle sleeve 2. [Abstract; Figure 1; 0008-0040]
Therefore it would have been obvious to one of ordinary skill in the art as of the effective filing date of the invention to have modified the winding needle sleeve of Xiang et al., to include a plurality of recesses, as disclosed in Wang et al., in order to reduce the internal resistance of the battery and to improve the high-current discharge performance of the battery
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KIRAN QURAISHI AKHTAR whose telephone number is (571)270-7589. The examiner can normally be reached Monday-Thursday 9AM-7PM.
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/KIRAN QURAISHI AKHTAR/Primary Examiner, Art Unit 1751
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