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 .
Response to Amendment
Examiner acknowledges amended Claims 1 and 3, canceled Claim 4, and withdrawn Claims 7 and 8 in the response filed on 4/7/2026.
Response to Arguments
Applicant’s arguments with respect to Claim 1-3, 5, and 6 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claims 1-3, 5, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over US Pub. No. 20150320168 (“Hoffman”), in view of “1/2 x 1/8 x 1/8 Inch Neodymium Rare Earth Bar Magnets N48 (50 Pack).” totalElement, totalelement.com/collections/block-magnets/products/1-2-x-1-8-x-1-8-inch-neodymium-rare-earth-bar-magnets-n48-50-pack ( “Totalelement”), and in view of US Pub. No. 20200388832 (“Kwon et al.”).
With regards to Claim 1, Hoffman teaches a magnet assembly (100) comprising a metal plate (101), a lower layer (103) attached to the metal plate and comprising a plurality of permanent magnets that form a matrix, and an upper layer (104) on the lower layer and comprising a plurality of permanent magnets that form a matrix. (Abstract, Figs. 1, 3, 4B, and 5, [0025], [0027], [0028], and [0030]-[0034]).
Hoffman teaches adjacent ones of the plurality of permanent magnets that form the matrix of the respective lower layer and upper layer contact each other across an area of respective faces of the adjacent ones of the plurality of permanent magnets that form the matrix of the respective lower or upper layer that face each other. Hoffman, however, does not teach the contact area to be substantially an entire area of respective faces of the adjacent ones.
Hoffman does not explicitly discloses an upper layer form a same matrix as the matrix in the lower layer, and a ratio of a length of one of the plurality of permanent magnets with respect to a sum of thicknesses of the lower layer and upper layer is 3:1 to 1:1. While Hoffman magnet assembly is capable of magnetizing a magnetic substance due to it comprising a magnetically hard material [0028], Hoffman does not teach its magnet assembly orients an active material for a secondary battery.
Totalelement teaches a magnet assembly comprising a lower layer comprising a plurality of permanent magnets that form a matrix, and an upper layer on the lower layer and comprising a plurality of permanent magnets that form a same matrix as the matrix of the lower layer. Totalelement recognizes that permanent magnets comes in different forms of shape, including but not limited to, disc shapes and rectangular type shapes. Totalelement further recognizes that each permanent magnet has a dimension of 1/2 x 1/8 inch or 1/8 x 1/8 inch (Pages 2-3).
Based on Hoffman’s magnet assembly as shown in Fig. 1 and a conventional shape and dimension of a permanent magnet as demonstrated by Totalelement, the prior art of record discloses adjacent ones of the plurality of permanent magnets that form the matrix of the respective lower layer and upper layer contact each other across substantially an entire area of respective faces of the adjacent ones of the plurality of permanent magnets that form the matrix of the respective lower or upper layer that face each other, and a ratio of length of one of the plurality of permanent magnets with respect to a sum of thicknesses of the lower layer and the upper layer is 2. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have the rectangular type shape and ratio as claimed in Hoffman’s magnet assembly in view of their great industrial and business applications (Page 1). Examiner further notes that it has been held that a mere change in shape without affecting the functioning of the part would have been within the level of ordinary skill in the art, In re Dailey et al., 149 USPQ 47; Eskimo Pie Corp. v. Levous et al., 3 USPQ 23.
Kwon et al. teaches a permanent magnet assembly (77) that orients an active material for a secondary battery (Fig. 2 and [0065]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use Hoffman’s permanent magnet assembly in a wide range of applications across various fields, such as to orient an active material for a secondary battery, in order to it be more versatile and be more commercially successful.
With regards to Claim 2, Hoffman teaches an attractive force that attaches the lower layer to the metal plate is greater than a repulsive force generated by a neighboring in a column direction of the matrix that extends from the lower layer to the upper layer. That is, Hoffman teaches respective polarities of the plurality of permanent magnets of the lower layer are alternately provided in a row direction, and all the magnetic poles are attracting to each other in a column direction that extends from the lower layer to the upper layer. Thus, a repulsive force generated in the column direction of the matrix that extends from the lower layer to the upper layer is zero or negligible (Abstract, Figs. 1, 3, 4B, and 5, [0025], [0027], [0028], and [0030]-[0034]).
With regards to Claim 3, Hoffman teaches a magnet assembly (100) comprising a metal plate (101), a lower layer (103) attached to the metal plate and comprising a plurality of permanent magnets that form a matrix, and an upper layer (104) on the lower layer and comprising a plurality of permanent magnets that form a matrix. Hoffman teaches respective polarities of the plurality of permanent magnets of the lower layer and the upper layer are alternately provided in a row direction of the matrix (Abstract, Figs. 1, 3, 4B, and 5, [0025], [0027], [0028], and [0030]-[0034]).
Hoffman’s magnet assembly (100) is formed by an array of stacked magnets. While the figures demonstrate a 3x2 array, the array size can be decreased or increased in either dimensions [0027]. Therefore, a 1x2 or 1x3 array, for example, is within the purview of Hoffman. Such structures produce respective polarities of the plurality of permanent magnets of the lower layer and the upper layer are equally provided in a column direction that is perpendicular to a thickness direction of the magnet assembly. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to optimize the array size in order to tailor the intended use as needed ([0002] and [0027]).
Hoffman teaches adjacent ones of the plurality of permanent magnets that form the matrix of the respective lower layer and upper layer contact each other across an area of respective faces of the adjacent ones of the plurality of permanent magnets that form the matrix of the respective lower or upper layer that face each other. Hoffman, however, does not teach the contact area to be substantially an entire area of respective faces of the adjacent ones. While Hoffman magnet assembly is capable of magnetizing a magnetic substance due to it comprising a magnetically hard material [0028], Hoffman does not teach its magnet assembly orients an active material for a secondary battery.
Totalelement teaches a magnet assembly comprising a lower layer comprising a plurality of permanent magnets that form a matrix, and an upper layer on the lower layer and comprising a plurality of permanent magnets that form a same matrix as the matrix of the lower layer. Totalelement recognizes that permanent magnets comes in different forms of shape, including but not limited to, disc shapes and rectangular type shapes (Pages 2-3).
Based on Hoffman’s magnet assembly as shown in Fig. 1 and a conventional shape of a permanent magnet as demonstrated by Totalelement, the prior art of record discloses adjacent ones of the plurality of permanent magnets that form the matrix of the respective lower layer and upper layer contact each other across substantially an entire area of respective faces of the adjacent ones of the plurality of permanent magnets that form the matrix of the respective lower or upper layer that face each other. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have the rectangular type shape in Hoffman’s magnet assembly in view of their great industrial and business applications (Page 1). Examiner further notes that it has been held that a mere change in shape without affecting the functioning of the part would have been within the level of ordinary skill in the art, In re Dailey et al., 149 USPQ 47; Eskimo Pie Corp. v. Levous et al., 3 USPQ 23.
Kwon et al. teaches a permanent magnet assembly (77) that orients an active material for a secondary battery (Fig. 2 and [0065]). It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to use Hoffman’s permanent magnet assembly in a wide range of applications across various fields, such as to orient an active material for a secondary battery, in order to it be more versatile and be more commercially successful.
With regards to Claim 5, Hoffman teaches the plurality of permanent magnets in the lower layer and the upper layer neighboring each other in the column direction contact with each other ([0025] and [0030]).
With regards to Claim 6 Hoffman teaches the upper layer and the lower layer are combined by attractive force of the plurality of permanent magnets in the lower layer and the upper layer (Fig. 4B and [0025]).
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.
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/LC/
Lisa Chau
Art Unit 1785
/Holly Rickman/Primary Examiner, Art Unit 1785
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