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 § 112
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 1-9 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.
Regarding “the shaping portion” in claim 1, lines 4 and 7, it is unclear which shaping portion is being referred to since a plurality of shaping portions are claimed.
Claim 2 recites the limitation the "the terminal shaping surface" in line two of the claim. There is insufficient antecedent basis for this limitation in the claim.
Regarding claim 2, it is unclear how a roller with a 0° angle has a second end portion closer to an axis of the shaping portion than the first end portion. If it is 0° angle, then the second end portion would be equal to the first end portion. It is also unclear what structure of the device is being claimed.
Regarding claims 5 and 9, it is unclear whether applicant is positively claiming the electrode plate in combination with the device or just referring to the electrode plate as material worked upon/intended use. For examining purposes, examiner interpreted the electrode plate as not being positively claimed by the applicant.
Regarding “the main body portion” in claims 6 and 9, it is unclear which main portion is being referred to since a plurality of main portions are claimed in claim 1.
Regarding “the shaping portion” in claim 9, it is unclear which shaping portion is being referred to since a plurality of shaping portions are claimed in claim 1.
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.
Claims 1, 2, 5, 8-11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. CN 110788208 A. CN 110788208 A is a published patent application to be referred to as the Yang patent. The Yang patent discloses elements of the applicant’s device as claimed, thus anticipating the applicant’s claimed invention.
Regarding claim 1, Yang discloses a device capable of repairing burrs of an electrode plate, the device comprising a plurality of shaping rollers (Yang – 4, 21) arranged in sequence along a conveying direction of the electrode plate (Yang Para [0010]: A louver forming machine includes a machine body, and the machine body is provided with a plurality of sets of side pressure bending roller groups and a plurality of sets of intermediate groove rollers. The side pressure roller groups include two on the same vertical plane. Hemming rollers, the hemming rollers include inclined bending rollers, vertical bending rollers, and inner affixing bending rollers arranged along the conveying direction of the louver), wherein the shaping rollers (Yang – 4, 21) each comprise a main body portion and a shaping portion (Yang – 41, See FIG. A) which are coaxially connected to each other, a shaping surface (See FIG. A) is formed on an outer surface of the shaping portion, the shaping surface comprises a first end portion connected to the main body portion and a second end portion located away from the main body portion, the second end portion is closer to an axis of the shaping portion than the first end portion (Yang para [0041]: the inclined bending roller (4) has a cylindrical shape, and both ends of the inclined bending roller (4) are coaxially provided with an abutting portion (41) that abuts against the side of the louver), and along the conveying direction of the electrode plate, included angles between the plurality of shaping surfaces and a surface of the electrode plate decrease in sequence (Yang – FIG. 4: See 41, 21).
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FIG. A
Regarding claim 2; Yang discloses the device for repairing burrs of an electrode plate, wherein along the conveying direction of the electrode plate, the included angle between the terminal shaping surface (Yang – 51) and the surface of the electrode plate is equal to 0° (Yang Para [0044]: The two sides of the louver will be attached to the end face of the end of the vertical bending roller (5) which is perpendicular to the cylindrical block (51) during the movement process, and the end face of the cylinder block (51) and the side wall of the vertical bending roller (5) are vertical.). MPEP 2215 states that a claim is only limited by positively recited elements. Thus, "[i]nclusion of the material or article worked upon by a structure being claimed does not impart patentability to the claims." In re Otto, 312 F.2d 937, 136 USPQ 458, 459 (CCPA 1963); see also In re Young, 75 F.2d 996, 25 USPQ 69 (CCPA 1935).
Regarding claim 5, Yang discloses the device for repairing burrs of an electrode plate, wherein a plurality of shaping rollers are provided on upper and lower sides of the electrode plate (Yang FIG. 2).
Regarding claim 8, Yang discloses the device for repairing burrs of an electrode plate, wherein the shaping portion corresponding to the shaping surface which has an included angle of 0° with the surface of the electrode plate is of a cylindrical structure, wherein the diameter of the cylindrical structure is equal to that of the main body portion, and the shaping surface is formed at an outer circumferential surface of the cylindrical structure (See FIG.B).
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FIG. B
Regarding claim 9, Yang discloses the device for repairing burrs of an electrode plate, wherein the main body portion is a circular shaft body, the main body portion abuts against the surface of the electrode plate, the shaping portion (Yang 41, 21) is coaxially connected to at least one end of the main body portion, and at least part of the shaping portion protrudes from an edge of the electrode plate to repair and flatten the burrs on a side of the electrode plate (Yang Para [0041]: the inclined bending roller (4) has a cylindrical shape, and both ends of the inclined bending roller (4) are coaxially provided with an abutting portion (41) that abuts against the side of the louver; Para [0043]: the shape of the vertical bending roller (5) is a cylindrical shape. Both ends of the vertical bending roller (5) are coaxially provided with a cylindrical block (51).).
Regarding claim 10, Yang discloses the device for repairing burrs of an electrode plate, wherein the plurality of shaping rollers (Yang – 4, 5, 21) are rotated at the same speed by a driving component (Yang – Driving Assembly 8), and a linear speed of the plurality of shaping rollers is equal to a conveying speed of the electrode plate (Yang Para [0010]: A drive assembly is provided on the machine body for simultaneously rotating the folding rollers and groove forming rollers on the same horizontal plane.).
Regarding claim 11, Yang discloses the device for repairing burrs of an electrode plate, wherein the driving component (Yang – 8) comprises a driving motor (Yang – Rotation Motor 81), a driving shaft (Yang – Rotation Shaft 84) and driven shafts, there are a plurality of driven shafts, which correspond to the plurality of shaping rollers on a one-to-one basis, the shaping rollers are each concentrically fixed to the respective driven shaft (Yang FIG. 2), an output end of the driving motor (Yang – 81) is drivingly connected to the driving shaft (Yang – 84), and the driving shaft is drivingly connected to the plurality of driven shafts (Yang Para [0022]: drive assembly includes a rotating motor, a transmission chain, and a rotating gear. Both ends of the folding roller are coaxially connected to a rotating shaft. The rotating gear is coaxially mounted on the rotating shaft. The transmission chain meshes with the rotating gear. The rotating motor is mounted on the machine body and coaxially connected to the rotating shaft.).
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.
Claims 3 & 4 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. CN 110788208 A as applied to claim 1 above, and further in view of Eo KR 101888294 B1. KR 101888294 B1 is a published patent application, to be referred to as the Eo patent. Yang discloses the claimed invention (See claim 1 rejection), however, Yang fails to disclose wherein there are four shaping surfaces, and along the conveying direction of the electrode plate, the included angles between the four shaping surfaces and the surface of the electrode plate decrease with a constant gradient.
Regarding claim 3, Eo teaches wherein there are four shaping surfaces (Eo – Lower Shaping Roller 122; FIG. 1), and along the conveying direction of the electrode plate, the included angles between the four shaping surfaces and the surface of the electrode plate decrease with a constant gradient (See FIG. C below).
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FIG. C
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the shaping surfaces in Yang to comprise an included angle between the terminal shaping surface and the surface of the electrode plate that decreases between the four shaping surfaces, as taught by Eo, so that the outer side is gradually bent (EO Para [0045]) (Eo Para [0094]: the angle of one side of the plurality of forming rollers can be increased or decreased so that a part of the steel plate 10 can be bent, and the bending angle can also be adjusted according to the angle of the outer peripheral surface of the roller.)
Regarding claim 4, Eo does not specifically teach wherein along the conveying direction of the electrode plate, the included angles between the four shaping surfaces and the surface of the electrode plate are respectively 45°, 30°, 15° and 0°, however, Eo does teach a range for the included angle (Eo Para [0044]: the lower shaping roller (122) is formed as a cylindrical body having one side corresponding to the upper shaping roller 112, and the other side has an outer diameter gradually increasing so that the outer circumferential surface forms a predetermined angle.). MPEP 2144.05 (II)(A) states "It is a settled principle of law that a mere carrying forward of an original patented conception involving only change of form, proportions, or degree, or the substitution of equivalents doing the same thing as the original invention, by substantially the same means, is not such an invention as will sustain a patent, even though the changes of the kind may produce better results than prior inventions." (In re Williams, 36 F.2d 436, 438, 4 USPQ 237 (CCPA 1929)). Applicant has not disclosed a critical function of the invention, wherein the included angle is set to 45°, 30°, 15° and 0°. Applicant has not set forth any criticality to the selection of the particular angles that results in an unexpected result. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adjust the angles of the shaping surfaces to 45°, 30°, 15° and 0° because such selection or determination would be the result of routine mechanical optimization and does not in itself warrant patentability, as one would arrive at such optimization through routine engineering practices.
Claims 6 & 7 are rejected under 35 U.S.C. 103 as being unpatentable over Yang CN 110788208 A as applied to claim 1 above, and further in view of Zhang et al. CN 107442570 A. CN 107442570 A is a published patent application to be referred to as the Zhang patent. Yang discloses the claimed invention (See claim 1 rejection), however, Yang fails to disclose wherein there are two shaping portions, which are symmetrically arranged at two axial ends of the main body portion; and, herein the shaping portions are of a cone structure.
Regarding claim 6, Zhang teaches wherein there are two shaping portions, which are symmetrically arranged at two axial ends of the main body portion (Zhang FIG. 3; Para [0018]: The above-mentioned method for preparing micron-sized titanium foil is characterized in
that the upper intermediate roll in the roll system of the Sendzimir 20-roll reversible cold
rolling mill is a double cone roll).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the shaping rollers to include two shaping portions symmetrically arranged at the two axial ends of the main body portion, as taught by Zhang, to eliminate the thinning of the strip edge and effectively control the strip shape and reduce the quarter-wave bending (Zhang para [0030]: Using double cone roll rolling can effectively control the strip shape.).
Regarding claim 7, Zhang teaches wherein the shaping portions are of a cone structure (Zhang Para [0019]: The above-mentioned method for preparing micron-sized titanium foil is characterized in that the cone lengths at both ends of the double cone roller are L = 30 mm to 40 mm, and the taper at both ends of the double cone roller is tanα = 0.037% to 0.084%, wherein α is the cone angle of the double cone roller.).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the claimed invention to modify the shaping portion of the shaping roll to a cone structure, as taught by Zhang, wherein the cone shape of the shaping portion minimizes thinning of the electrode plate when conveyed between rollers (Zhang Para [0030]: In order to eliminate the thinning of the strip edge…, tapering was designed at both ends of the upper intermediate roll to reduce the effective rolling area.).
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Yang CN 110788208 A as applied to claim 1 above, and further in view of Cheng et al. CN 111952534 B. CN 111952534 B to be referred as the Cheng patent. Yang discloses the claimed invention (See claim 1 rejection) however, Yang fails to disclose wherein the shaping rollers are made of stainless steel or rubber.
Regarding claim 12, Cheng teaches wherein the shaping rollers (Cheng – Upper Compression Roller Group 21, Lower Compression Group 22) are made of stainless steel or rubber (Cheng Para [0027]: Each compression roller of the upper compression roller group (21) and the lower compression roller group (22) can be steel rollers or compression rollers of other materials.).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify device of Yang and form the rollers out of steel, as taught by Cheng, to yield the predictable result of a steel roller. Moreover, it is well known in the art to form rollers out of steel.
MPEP 2144.07 states “[t]he selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). Applicant has not disclosed a criticality in the selection of the claimed material for the invention. Steel and rubber are known within the art to be a standard material for components of a mechanical device.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DARLINGTON N IBEKWE whose telephone number is (571)272-2474. The examiner can normally be reached Monday - Friday 8am - 4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Christopher Templeton can be reached at (571) 270-1477. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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D. N. I.
Patent Examiner
Art Unit 3725
/Christopher L Templeton/Supervisory Patent Examiner, Art Unit 3725