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 .
Information Disclosure Statement
The information disclosure statement (IDS) is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the drawing of “the wrinkle remover band is configured as multiple separate bands positioned across the bare portion… (claims 10 and 20)” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term "means" or "step" or a term used as a substitute for "means" that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term "means" or "step" or the generic placeholder is modified by functional language, typically, but not always linked by the transition word "for" (e.g., "means for") or another linking word or phrase, such as "configured to" or "so that"; and
(C) the term "means" or "step" or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word "means" (or "step") in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word "means" (or "step") in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
If claim limitations in this application that use the word "means" (or "step"), they are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, if claim limitations in this application that do not use the word "means" (or "step"), they are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
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, 4-6, 11-12, and 14-16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Jamadar et al. (hereinafter “Jamadar”) (DE 10 2021 202 067 A1).
Regarding claim 1, Jamadar discloses a system for manufacturing electrodes (16), the system comprising:
a top roll press (66);
a bottom roll press (66) separated from the top roll press by a gap (see fig. 6),
the gap comprising a distance selected to accommodate a current collector (24), the current collector comprising a bare portion (30) and a coated portion having thereon an active electrode material (28) (see fig. 6) of a first thickness; and
a wrinkle remover band (50) comprising a second thickness selected, based on the first thickness (fig. 6), to evenly distribute stress across the bare portion and the coated portion of the current collector during a calendering process for forming a pressed electrode (fig. 4).
Regarding claim 2, the system of claim 1, further comprising at least one of a band guide roll (76) and a tensioning roll (62 or 64) configured to align the wrinkle remover band with the bare portion of the current collector.
Regarding claim 4, the system of claim 1, wherein the wrinkle remover band (50) comprises a top wrinkle remover band positioned over a top surface of the bare portion (30) of the current collector (see fig. 6).
Regarding claim 5, the system of claim 1, wherein the wrinkle remover band comprises a bottom wrinkle remover band (50) positioned over a bottom surface of the bare portion (30) of the current collector (see fig. 6).
Regarding claim 6, the system of claim 1, wherein the wrinkle remover band comprises one of a top wrinkle remover band (see the left upper band 50 in fig. 6) positioned over a top surface of the bare portion (30) of the current collector and a bottom wrinkle remover band (see the left lower band 50 in fig. 6) positioned over a bottom surface of the bare portion of the current collector (fig. 6), and the system further comprises a second wrinkle remover band comprising the other of the top wrinkle remover band and the bottom wrinkle remover band (see fig. 6).
Regarding claim 11, Jamadar discloses a method comprising:
providing a top roll press (66);
providing a bottom roll press (66) separated from the top roll press by a gap (see fig. 6), the gap comprising a distance selected to accommodate a current collector (24), the current collector comprising a bare portion (30) and a coated portion having thereon an active electrode material (28) of a first thickness (fig. 6); and
providing a wrinkle remover band (50) comprising a second thickness selected, based on the first thickness (fig. 6), to evenly distribute stress across the bare portion and the coated portion of the current collector during a calendering process for forming a pressed electrode (fig. 4).
Regarding claim 12, the method of claim 11, further comprising providing at least one of a band guide roll (76) and a tensioning roll (64) configured to align the wrinkle remover band with the bare portion of the current collector.
Regarding claim 14, the method of claim 11, wherein the wrinkle remover band (50) comprises a top wrinkle remover band positioned over a top surface of the bare portion (30) of the current collector (see fig. 6).
Regarding claim 15, the method of claim 11, wherein the wrinkle remover band comprises a bottom wrinkle remover band (50) positioned over a bottom surface of the bare portion (30) of the current collector (see fig. 6).
Regarding claim 16, the method of claim 11, wherein the wrinkle remover band comprises one of a top wrinkle remover band (see the left upper band 50 in fig. 6) positioned over a top surface of the bare portion (30) of the current collector and a bottom wrinkle remover band (see the left lower band 50 in fig. 6) positioned over a bottom surface of the bare portion of the current collector (fig. 6), and the system further comprises a second wrinkle remover band comprising the other of the top wrinkle remover band and the bottom wrinkle remover band (see fig. 6).
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.
Claims 3 and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Jamadar in view of Hui (CN 110890586A).
Jamadar discloses the band guide roll (76) and the tensioning roll (62, 64) as set forth above, Jamadar further discloses one or more rollers (76) configured to reposition the wrinkle remover band to maintain alignment with the bare portion of the current collector (fig. 4). Jamadar does not expressly disclose the wrinkle remover band is driven by a servo motor.
Hui discloses a feed structure for conveying an electrode sheet, the structure having a guide roll (1.5) for driving a band (1.1), and a guide roller (1.22), wherein the roller is driven by a servo motor (see page 6, the first two paragraphs of the English translation).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to drive the roller of Jamadar with a servo motor, as taught by Hui for efficiency, and precise feedback control.
Claims 7 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Jamadar in view of Reidgill et al. (hereinafter “Reidgill”) (CN 103032518 B).
Jamadar discloses the wrinkle remover band (50) as set forth above. Jamadar does not disclose the thickness of the wrinkle remover band is tapered.
Reidgill discloses a band is fastened at each end (fig. 2), wherein a thickness of the band is tapered (at 222) (fig. 5) at an end of the band as a part of a fastening system for reducing a bulge at the end of the band (see abstract).
It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to make the band of Jamadar as a connectable band at each end with a tapered thickness for a fastening system, as taught by Reidgill, for reducing a bulge at the end of the band and offering easier installation and quicker replacement of band by removing the fastening system.
Claims 10 and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Jamadar.
Jamadar discloses the wrinkle remover band (50) positioned across the bare portion (30) of the current collector (see fig. 6). Jamadar does not disclose the band (50) is configured as multiple separate bands. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention make a single band into multiple separate bands, since it has been held that constructing a formerly integral structure in various elements involved only routine skill in the art. Nerwin v. Erlichman, 168 USPQ 177, 179.
Allowable Subject Matter
Claims 8-9 and 18-19 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
Regarding claims 8 and 18, each of the claims would be allowable because the prior art of record, considered alone or combination, neither anticipated nor renders obvious “the wrinkle remover band is positioned over a top surface of the bare portion of the current collector and the second thickness of the wrinkle remover band comprises a positive taper that increases towards an edge of the current collector”, in combination with the rest of the claimed limitations of the base claim and any intervening claims.
Regarding claims 9 and 19, each of the claims would be allowable because the prior art of record, considered alone or combination, neither anticipated nor renders obvious “the wrinkle remover band is positioned over a bottom surface of the bare portion of the current collector and the second thickness of the wrinkle remover band comprises a positive taper that increases towards an edge of the current collector”, in combination with the rest of the claimed limitations of the base claim and any intervening claims.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. The prior art listed on the attached PTO 892 are cited to show:
CN-110880580A and JP 5390721 B1 discloses rolling system having rollers for applying pressure to a bare portion of a current collector.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIMMY T NGUYEN whose telephone number is (571)272-4520. The examiner can normally be reached Mon-Fri 8:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, CHRISTOPHER L 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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JIMMY T. NGUYEN
Primary Examiner
Art Unit 3725
/JIMMY T NGUYEN/Primary Examiner, Art Unit 3725