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 .
Election/Restrictions
Applicant's election with traverse of Group I claims 1-15 in the reply filed on 2/27/26 is acknowledged. The traversal is on the ground(s) that The restriction requirement is traversed in view of the amendment to claim 16. The process claim 16 is amended to be exactly corresponding to the apparatus claim 1. Thus, the inventions I and II are not distinct from each other because the process of Group II cannot be practiced with another materially different product than that of Group I.
This is not found persuasive because The inventions can be shown to be distinct if either or both of the following can be shown: (1) the process for using the product as claimed can be practiced with another materially different product or (2) the product as claimed can be used in a materially different process of using that product. See MPEP § 806.05(h). In the instant case the process for using the product as claimed can be practiced with another materially different product such as an apparatus without a cutting apparatus wherein the apparatus doesn’t include the cutting of pole pieces.
The requirement is still deemed proper and is therefore made FINAL.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-5, 9, 10, 12 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (CN 213459845)
With respect to claim 1, Li et al discloses an apparatus for manufacturing an electrode assembly [Abstract: Figure 1], comprising:
a driving portion 11, configured to drive pole pieces 22/221 of the electrode assembly, so that the pole pieces 22/221 fall from the driving portion 11 [0008; 0045-0047]; and
a first support portion 12, arranged below the driving portion 11, and configured to receive the pole pieces 22/221 falling from the driving portion 11, wherein the pole pieces 22/221 falling from the driving portion 11 are stacked on the first support portion 12; [Figure 1; Figure 2; Abstract]
wherein a distance between an initial position of an upper surface 121 of the first support portion 12 and the driving portion 11 is a preset value, the preset value can be greater than or equal to W (in a range of W to 2W), and W is a length of each pole piece of the electrode assembly [0050-0051]; and
wherein the initial position is the position of the upper surface of the first support portion 121 when receiving the first pole piece 22/221 of the electrode assembly. [Figure 1]
"[W]hen, as by a recitation of ranges or otherwise, a claim covers several compositions, the claim is ‘anticipated’ if one of them is in the prior art." Titanium Metals Corp.v.Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985) (citing In rePetering, 301 F.2d 676, 682, 133 USPQ 275, 280 (CCPA 1962)) See MPEP 2131.03
With respect to claim 2, Li et al discloses wherein the preset value can be greater than or equal to W (is in a range of W to (1+√3/2)W). [0050-0051]
"[W]hen, as by a recitation of ranges or otherwise, a claim covers several compositions, the claim is ‘anticipated’ if one of them is in the prior art." Titanium Metals Corp.v.Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985) (citing In rePetering, 301 F.2d 676, 682, 133 USPQ 275, 280 (CCPA 1962)) See MPEP 2131.03
With respect to claim 3, Li et al discloses wherein the preset value can be greater than or equal to W (includes 1.5W) [0050-0051]
"[W]hen, as by a recitation of ranges or otherwise, a claim covers several compositions, the claim is ‘anticipated’ if one of them is in the prior art." Titanium Metals Corp.v.Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985) (citing In rePetering, 301 F.2d 676, 682, 133 USPQ 275, 280 (CCPA 1962)) See MPEP 2131.03
With respect to claim 4, Li et al discloses wherein the driving portion 11 comprises a driving roller and a driven roller , the driving roller and the driven roller are arranged opposite each other to allow the pole pieces 22/221 to fall between the driving roller and the driven roller, and the distance between the initial position and the driving portion 11 is a distance between the initial position and the center of the driving roller. [Figure 1]
With respect to claim 5, Li et al discloses wherein every time the driving portion 11 drives the pole pieces 22/221 with a length W, the first support portion 12 descends by a distance Ta to maintain the distance between the surface of the pole pieces 22/221 stacked on the first support portion 12 and the driving portion 11 at the preset value, and Ta is the thickness of each pole piece. [Figure 2; Figure 7; 0017-0022; 0049-0051; 0073-0074; 0088-0091]
With respect to claim 9, Li et al. discloses an accommodating portion 122, arranged between the driving portion 11 and the first support portion 12; wherein the accommodating portion 122 comprises a first and second retaining edge (first baffle and second baffle) that are spaced apart and form a cavity for accommodating the pole pieces 22/221 [Figure 3].
With respect to claim 10, Li et al. discloses wherein the pole pieces 22/221 comprise positive pole pieces and negative pole pieces, and the negative pole pieces are alternately arranged on both sides of the positive pole pieces.[0082-0090; Figures 1-5; 0045-0050]
With respect to claim 12, Li et al. discloses wherein the positive pole pieces of two adjacent pole pieces of the electrode assembly have bends R (scores) formed between the positive pole pieces of the two adjacent pole pieces. [0047-0050]
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) 6, 7, 8, 10, 11,13, 14, 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (CN 213459845) ass applied to claim 1 above in further view of Zheng et al. CN212277278
With respect to claim 6, Li et al does not disclose a second support portion, arranged below the driving portion; wherein the second support portion is configured to:
rise to a position where a height of an upper surface of the second support portion is the same as that of the upper surface of the first support portion after N pole pieces of the electrode assembly are stacked on the first support portion; and
receive the N pole pieces from the first support portion, N being less than M, M being the total number of the pole pieces comprised in the electrode assembly, and M and N being positive integers greater than 1.
Zheng et al discloses an apparatus for manufacturing an electrode assembly [Abstract: Figure 1], comprising:
a driving portion 170, configured to drive pole pieces 200 of the electrode assembly, so that the pole pieces 200 fall from the driving portion 170 [0039-0041]; and
a first support portion 140, arranged below the driving portion 170, and configured to receive the pole pieces 22/221 falling from the driving portion 11, wherein the pole pieces 200 falling from the driving portion 170 are stacked on the first support portion 140; [Figure 1; Figure 2; Abstract]
a second support portion 160/161/162, arranged below the driving portion 170 [Figures 1-2; 0049-0050]; wherein the second support portion 160/161/162 is configured to:
rise to a position where a height of an upper surface of the second support portion 160/161/162 is the same as that of the upper surface of the first support portion 140 after N pole pieces of the electrode assembly are stacked on the first support portion 140 [0049-0056]; and
receive the N pole pieces 200 from the first support portion 140, N being less than M, M being the total number of the pole pieces comprised in the electrode assembly, and M and N being positive integers greater than 1 [Figures 1-6].
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 apparatus of Li et al., to include a second support portion configured to rise to a position where a height of an upper surface of the second support portion is the same as that of the upper surface of the first support portion, as disclosed in Zheng et al., in order to allow for high stacking efficiency, stable and reliable stacking process, saving time and costs, and a shortened production cycle of the lithium battery
With respect to claim 7, Li et al does not disclose wherein every time the driving portion drives a pole piece with a length W, the second support portion descends by a distance S to maintain the distance between the surface of the pole pieces stacked on the second support portion and the driving portion at the preset value.
Zheng et al discloses an apparatus for manufacturing an electrode assembly [Abstract: Figure 1], comprising:
wherein every time the driving portion 170 drives a pole piece 200 with a length W, the second support portion 160/161/162 descends by a distance S to maintain the distance between the surface of the pole pieces stacked on the second support portion 160/161/162 and the driving portion 170 at the preset value. [0050-0060]
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 apparatus of Li et al., to include a second support, as disclosed in Zheng et al., in order to allow for high stacking efficiency, stable and reliable stacking process, saving time and costs, and a shortened production cycle of the lithium battery
With respect to claim 8, Li et al does not disclose a cutting knife, arranged above the driving portion and configured to cut off the pole pieces when a total length of the pole pieces driven by the driving portion reaches MxW.
Zheng et al discloses a cutting mechanism 180, arranged above the driving portion and configured to cut off the pole pieces when a total length of the pole pieces driven by the driving portion reaches MxW [0041-0045; Figure 1]
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 apparatus of Li et al., to include a cutting mechanism, as disclosed in Zheng et al., in order to allow for high stacking efficiency, stable and reliable stacking process, saving time and costs, and a shortened production cycle of the lithium battery
With respect to claim 10, Li et al. discloses wherein the pole pieces 22/221 comprise positive pole pieces and negative pole pieces, and the negative pole pieces are alternately arranged on both sides of the positive pole pieces.[0082-0090; Figures 1-5; 0045-0050]
Zheng et al discloses wherein the pole pieces 200 comprise positive pole pieces and negative pole pieces, and the negative pole pieces are alternately arranged on both sides of the positive pole pieces.[0040; 0046; Figures 1-5]
With respect to claim 11, Li et al. discloses wherein the pole pieces further comprise separators and second separators, and the first separators and the second separators are arranged on both sides of the positive pole pieces respectively to separate the positive pole pieces from the negative pole pieces.
Li et al. does not specifically disclose first separators and second separators are arranged on both sides of the positive pole pieces respectively to separate the positive pole pieces from the negative pole pieces.
Zheng et al discloses wherein the pole pieces further comprise first separators and second separators [0048],
Zheng et al. discloses wherein the pole pieces further comprise separators and second separators, and the first separators and the second separators are arranged on both sides of the positive pole pieces respectively to separate the positive pole pieces from the negative pole pieces. [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 apparatus of Li et al., to include a first and second separator, as disclosed in Zheng et al., in order to allow for high stacking efficiency, stable and reliable stacking process, saving time and costs, and a shortened production cycle of the lithium battery
With respect to claim 13, Li et al. does not disclose a blowing portion, arranged between the driving portion and the first support portion; wherein the blowing portion in configured to blow air to a first pole piece after the first pole piece falls from the driving portion, so that the first pole piece is stacked on the upper surface of the first support portion.
Zheng et al. discloses a blowing portion 130/120, arranged between the driving portion 170 and the first support portion 140; wherein the blowing portion 130/120 is configured to blow air to a first pole piece 200 after the first pole piece falls from the driving portion 170, so that the first pole piece is stacked on the upper surface of the first support portion 140. [0055-0060; Figure 1]
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 apparatus of Li et al., to include a blowing mechanism, as disclosed in Zheng et al., in order to allow for high stacking efficiency, stable and reliable stacking process, saving time and costs, and a shortened production cycle of the lithium battery
With respect to claim 14, Li et al. does not disclose wherein the blowing portion comprises a first blowing mechanism and a second blowing mechanism, the first blowing mechanism and the second blowing mechanism are arranged on both sides of the falling pole pieces respectively; the first blowing mechanism is configured to blow au to the first pole piece when a side of the first pole piece where the negative pole piece is faces the second blowing mechanism; and the second blowing mechanism is configured to blow air to the first pole piece when the side of the first pole piece where the negative pole piece is faces the first blowing mechanism.
Zheng et al. discloses wherein the blowing portion 120/130 comprises a first blowing mechanism 120 and a second blowing mechanism 130, the first blowing mechanism and the second blowing mechanism 130 are arranged on both sides of the falling pole pieces 200 respectively; the first blowing mechanism 120 is configured to blow air to the first pole piece 200 when a side of the first pole piece 200 where the negative pole piece is faces the second blowing mechanism 130; and the second blowing mechanism 30 is configured to blow air to the first pole piece 200 when the side of the first pole piece 200 where the negative pole piece is faces the first blowing mechanism 120. [Figure 1; 0055-0060; 0041-0050]
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 apparatus of Li et al., to include a blowing mechanism, as disclosed in Zheng et al., in order to allow for high stacking efficiency, stable and reliable stacking process, saving time and costs, and a shortened production cycle of the lithium battery.
With respect to claim 15, Li et al. does not disclose a flattening mechanism, configured to flatten a surface of the electrode assembly after the last pole piece of the electrode assembly is stacked.
Zheng et al. discloses a flattening mechanism 222/228, configured to flatten a surface of the electrode assembly after the last pole piece of the electrode assembly is stacked.[0083; Figure 8]
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 apparatus of Li et al., to include a flattening mechanism, as disclosed in Zheng et al., in order to allow for high stacking efficiency, stable and reliable stacking process, saving time and costs, and a shortened production cycle of the lithium battery
Conclusion
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/KIRAN QURAISHI AKHTAR/ Primary Examiner, Art Unit 1751