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 .
This action is responsive to the amendment filed 3/2/2026.
Response to Arguments
Prior Art Rejections
Applicant’s first argument is that Jeung fails to teach the clamp that is now claimed; however, this argument is moot. Jeung is not relied on to do so in the present action.
In response to Applicant's second argument, that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., taking measurements while the secondary battery is moving) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Applicant’s third argument is that Park discloses fixing members 330 as part of measurement unit 300 rather than as part of transfer unit 200. While this argument is persuasive, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the secondary battery inspection system of Park by making the clamps integral with the transfer carrier to gain the predictable benefit of holding the product steady as it is transferred by the transfer unit (see MPEP 2144.04 V B). Further, it is well-known in the art to clamp an object while moving it with a transfer carrier to, for example, maintain a predictable relative position and orientation while moving between several steps in a multipart process (such as in Carter (US patent 3754637)), ensure that a particular part of the product is operated on (such as in Schikarski (US 5477901)), or hold the product in particular ways (such as in Rousseau (US 20140008927)). As such, It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to secure the secondary battery inspected by Park by placing the clamps as part of the transfer unit in order to move the secondary battery while inspecting it (see claims 3 and 4 of Park).
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.
Claim(s) 1-3, 6, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park (US patent publication 20240372164).
Regarding claim 1, Park teaches apparatus for measuring thickness of a sealing part of a secondary battery, the apparatus comprising:
a non-contact measuring part comprising a pair of sensors disposed to face each other (FIG. 4, confocal sensors 311 and 312);
a controller detecting thickness information of the sealing part of the secondary battery, the information being collected by the non-contact measuring part (FIG. 3, controller 600, described in paragraphs 75-79);
a displacement part displacing a location of the non-contact measuring part with respect to the sealing part of the secondary battery in a first direction (FIG. 4, first moving device 320, which holds the first confocal sensor 311); and
a transfer carrier for holding the secondary battery and moving the secondary battery between the pair of sensors in a second direction perpendicular to the first direction (FIG. 4, transfer unit 200), wherein the apparatus comprises a clamp configured to clamp or unclamp the secondary battery mounted on the transfer carrier such that the sealing part of the secondary battery, which is a measurement portion, protrudes outward (FIG. 5, fixing member 330 clamps the secondary battery cell 1 with parts P1, P2, and P3 protruding outward for measurement),
wherein the non-contact measuring part is able to measure the thickness in a non-contact manner while interposing the sealing part of the secondary battery between the pair of sensors (FIG. 6 shows the thickness t1 being measured by measuring D1 and D2).
While Park characterizes the fixing member 330 as being part of measurement unit 300 rather than as part of transfer unit 200, it should be noted that the does not give details as to how the clamp is connected to the rest of the transfer carrier, merely that the transfer carrier comprises the clamp and that the clamp is configured to clamp or unclamp a battery mounted on the transfer carrier. As such, the apparatus of Park would meet all claim limitations merely by considering the clamp as associated with the transfer carrier.
Additionally, it is generally considered obvious to make separate pieces (such as a transfer unit and a clamp) integral, as described in MPEP 2144.04 V B. It may be noted that the improvement that Applicant argues comes from associating the clamp with the transfer carrier (allowing the battery to continue moving as it is inspected) is taught by claims 3 and 4 of Park, which require the battery move while being measured. It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Park by making the fixing member integral to the transfer unit as a way to securely move the object with the carrier system.
Further, official notice is given that it is well known in the art to clamp an object onto a carrier to maintain a predictable relative position and orientation while moving between several steps in a multipart process (such as in Carter (US 3754637)), ensure that a particular part of the product is operated on (such as in Schikarski (US 5477901)), or hold the product in particular ways (such as in Rousseau (US 20140008927)). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the apparatus of Park by clamping the secondary battery while transporting it on the carrier system as a secure way to move the object to, through, and beyond the detection system.
Regarding claim 2, Park teaches or renders obvious the apparatus of claim 1 (as described above).
Park further teaches that the non-contact measuring part is disposed to space the pair of sensors from each other at a sensor-to-sensor distance (FIG. 6, shown as D1+t1+D2).
Regarding claim 3, Park teaches or renders obvious the apparatus of claim 1 (as described above).
Park further teaches that a sensor-to-sensor distance is preset larger than the thickness between an upper surface and a lower surface of the sealing part (FIG. 6, note that parts of the sealing member with thicknesses t1, t2, and t3 are all considerably thinner than the distance between the sensors, so as to fit between the sensors. For example, thickness t1 is less than the sensor-to-sensor distance by an amount equal to D1+D2.).
Regarding claim 4, Park teaches or renders obvious the apparatus of claim 1 (as described above).
Park further teaches that the sensors include confocal sensors (FIG. 4, confocal-sensors 311 and 312 are described as confocal sensors in paragraph 81 and elsewhere. Also see paragraph 11.).
Regarding claim 6, Park teaches or renders obvious the apparatus of claim 1 (as described above).
Park further teaches that the secondary battery is mounted to a linear motion system to be continuously moved in a direction perpendicular to an optic axis of the pair of sensors (FIG. 4, transfer unit 200. Note that paragraphs 68 and 115 make it optional to stop the operation of the transfer unit 200 during measurement, while claims 3 and 4 of Park require that the object move while it is measured).
Regarding claim 13, Park teaches or renders obvious the apparatus of claim 1 (as described above).
Park further teaches that the displacement part includes a sliding guide extending in a direction perpendicular to the travelling direction of the secondary battery, a slider coupled to the sliding guide to be slidable in a longitudinal direction of the sliding guide, and a driving means providing a sliding power to the slider (FIG. 4, elevation device 340 and second moving device 350 each move perpendicular to the travel direction of the secondary battery and driven by an actuator, such as a motor (paragraph 103)).
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 PAUL D SCHNASE whose telephone number is (703)756-1691. The examiner can normally be reached Monday - Friday 8:30 AM - 5:00 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Tarifur Chowdhury can be reached at (571) 272-2287. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/PAUL SCHNASE/ Examiner, Art Unit 2877
/TARIFUR R CHOWDHURY/Supervisory Patent Examiner, Art Unit 2877
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