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 .
Specification
The disclosure is objected to because of the following informalities:
the word "brough" appears on page 3, line 6 of the specification and should be corrected to "brought".
the verb “shift” on page 7, line 25 and page 8, line 9 should read “shifting”.
Appropriate correction is required.
Claim Objections
Claims 11 and 13 are objected to because of the following informalities: in the second line of claim 11, the language "further comprising" should read "further comprises". Appropriate correction is required.
Claims 18 and 19 are objected to because of the following informalities: in the third line of claim 18 and second line of claim 19, the language "the connecting the free end" should read "connecting the free end". Appropriate correction is required.
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 and 15-20 are rejected under 35 U.S.C. 102(a)(1) as being clearly anticipated by Wang et al. (CN 210468000 U and its English equivalent, US 11961955 B2, which is cited below).
Regarding Claim 1, Wang et al. teach a battery cell manufacturing device, the battery cell comprising an electrode sheet (positive electrode plate 121 and negative electrode plate 123, Figure 2, col. 6, lines 5-10) and a separator (first separator 122 and second separator 124, Figure 2, col. 6, lines 5-10) and the electrode sheet having a free end in its own extension direction, wherein the battery cell manufacturing device comprising: a winding pin (winding device 107, Figure 4, col. 6, lines 10-15), configured to wind the electrode sheet and the separator into a battery cell (col. 13, lines 7-48); and a lamination assembly (either the first joining device 103 including a glue pasting mechanism, col. 12, lines 10-15, OR the first glue pasting device 114, see Figure 4, col. 16, lines 26-35), disposed upstream of the winding pin (see Figure 4; 103 and 114 are upstream of 107), and configured to connect the free end of the electrode sheet to the separator (col. 12, lines 15-16, OR col. 16, lines 42-45).
It is deemed that the free end in its own extension direction is an inherent characteristic and/or property of the specifically disclosed electrode sheets. In this respect, MPEP 2112 sets forth the following:
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
“Products of identical chemical composition cannot have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
In this case, the electrode sheet has one end attached to the winding device and the other end of the sheet is inherently a free end in the direction that the electrode sheet extends from the winding device, which is the end that may be prone to shifting, hence the term free end.
Regarding Claim 2, Wang et al. teach the battery cell manufacturing device according to claim 1, wherein the lamination assembly comprises an adhesive applying assembly (first joining device 103 including a glue pasting mechanism [col. 12, lines 10-15], or first glue pasting device 114 [col. 16, lines 26-35], Figure 4), configured to apply an adhesive to the free end of the electrode sheet and the separator (col. 12, lines 44-46 or col. 16, lines 60-65), so that the free end of the electrode sheet is adhesively connected to the separator (finishing end of positive electrode sheet 121 is adhesively connected to the first separator 122 by pasting glue or adhesive tape [col. 12, lines 44-46 or col. 16, lines 60-65]). Paragraph [0087] of the provided machine translated description of the Chinese patent publication describes the first composite device as doing the laminating:
In yet another example, the first composite device 103 includes a glue application mechanism. The positive electrode sheet 121 and the first separator 122 are connected in a compound manner by pasting. The positive electrode sheet 121 and the first separator 122 are superimposed and combined with each other in the thickness direction.
Regarding Claim 15, Wang et al. teach a battery cell manufacturing method, the battery cell comprising a separator and an electrode sheet having a free end (separator 122 and 124, and electrode sheet 121 and 123 [0040] the free end is inherent—the side of the separator opposite to the winding pin—as the separator is not yet adhered to the electrode sheet and is a free end), wherein the method comprises: winding the separator ([004] describes the separator being wound); stacking the electrode sheet and the separator ([0075] states “The positive electrode sheet 121 and the first separator 122 are stacked on each other in the thickness direction of the positive electrode sheet 121”); connecting the free end of the electrode sheet to the separator (“the composite starting end or the composite ending end of the positive electrode sheet 121 is adhesively connected to the first separator 122” [0082]); and continuing to wind the separator and electrode sheet (“In the initial stage, the rewinding operation is performed once, and then the two winding needles 107a alternately hold the first diaphragm 122 and the second diaphragm 124 to continuously perform the winding work, and the first diaphragm 122 and the second diaphragm 124 are no longer required to perform the rewinding operation , Effectively provide winding work efficiency.” [0095]).
Regarding Claim 16, Wang et al. teach the battery manufacturing method according to claim 15, wherein, the free end comprises the head end of the electrode sheet (inherent, the free end can be designated as either the head end or tail end as the manufacturer intends); and the connecting of the free end of the electrode sheet to the separator comprises: connecting the head end of the electrode sheet to the separator (the free end, or the head end, is connected to the separator: “the composite starting end or the composite ending end of the positive electrode sheet 121 is adhesively connected to the first separator 122” [0082]).
Regarding Claim 17, Wang et al teach the battery cell manufacturing method according to claim 16, wherein while the separator and the electrode sheet are continued to be wound, the method further comprises:
obtaining the would length of the electrode sheet (“After winding the positive electrode sheet 121 and the negative electrode sheet 123 of a predetermined length, the positive electrode sheet 121 and the negative electrode sheet 123 are cut.” [0095]);
if the would length of the electrode sheet reaches a predetermined length, cutting the electrode sheet to form a tail end of a first electrode sheet and a head end of a second electrode sheet (“After the positive electrode sheet 121 is cut after completing one winding process, a composite finishing end and a composite starting end for the next winding process are formed.” [0082]), wherein the first electrode sheet is an electrode wound with the separator; and the second electrode sheet is an electrode sheet that is not would together with the separator (inherent, “Before the composite connection of the positive electrode sheet 121 and the first separator 122 is completed, the positive electrode sheet 121 is subjected to a cutting process upstream of the composite connection point 99 of the positive electrode sheet 121 and the first separator 122.” [0093] Thus, the newly formed second positive electrode sheet is not adhered to the separator yet, as it was formed upstream to the first composite device.); and
connecting the tail end of the first electrode sheet to the separator (“the composite starting end or the composite ending end of the positive electrode sheet 121 is adhesively connected to the first separator 122” [0082]).
Regarding Claim 18, Wang et al teach the battery cell manufacturing method according to claim 15, wherein, the free end comprises the tail end of the electrode (inherent, the free end can be designated as either the head end or tail end as the manufacturer intends); and the connecting of the free end of the electrode sheet to the separator comprises: connecting the tail end of the first electrode sheet to the separator (the free end, or the tail end, is connected to the separator: “the composite starting end or the composite ending end of the positive electrode sheet 121 is adhesively connected to the first separator 122” [0082]).
Regarding Claim 19, Wang et al teach the battery cell manufacturing method according to claim 15, wherein the connecting of the free end of the electrode sheet to the separator comprises: adhesively connecting the free end of the electrode sheet to the separator through an adhesive tape (“the composite starting end or the composite ending end of the positive electrode sheet 121 is adhesively connected to the first separator 122 through an adhesive tape.” [0082]).
Regarding Claim 20, Wang et al. teach the battery cell manufacturing method according to claim 15, wherein before connecting the free end of the electrode sheet to the separator, the method further comprises: adjusting the relative position of the free end and the separator (first deviation correcting device 118 adjusts the alignment of the positive electrode sheet 121 and the first separator 122… adjusting the relative position of the positive electrode sheet and the first separator along the width direction…[0098]).
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 11-14 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 210468000 U).
Regarding Claim 11, Wang et al. teach the battery cell manufacturing device according to claim 1, wherein the battery cell manufacturing device further comprises a flattening component (hot press) configured to flatten the connecting region between the free end and the separator ([0087]). Wang et al. do not explicitly teach it as a separate component located downstream of the lamination assembly and upstream of the winding pin. However, the Courts have held that making known elements separable is within the skill of a person of ordinary skill in the art. See In re Dulberg, 129 USPQ 348 (CCPA 1961) (see MPEP § 2144.04). Thus, the office deems the limitations of claim 11 to be obvious to one of ordinary skill in the art before the effective filing date of the invention.
Regarding Claim 12, Wang et al. teach the manufacturing device of claim 11. Considering that the flattening component (hot press, [0087]) of Wang et al. is not separate from the thermal laminating component in the first composite device, it would have been obvious to one of ordinary skill in the art before the effective filing date to include a third driving portion on the flattening device if it were separate, which would be a duplication of parts. Thus, the office deems the limitations of claim 12 to be obvious to one of ordinary skill in the art before the effective filing date of the invention. See MPEP 2144.04 for information on duplication of parts; additionally, making an old device portable is an obvious design. In re Lindberg, 93 USPQ 23 (CCPA 1952) (See MPEP § 2144.04).
Regarding Claim 13, Wang et al. teach the battery cell manufacturing device according to claim 1, wherein the battery cell manufacturing device further comprises a shift correction component (first correction device 118 along with first detection device 116, [0098]) disposed upstream of the lamination assembly (see figure 4, 118 is upstream of 103), and configured to adjust the relative position of the free end and the separator ([0098]).
Regarding Claim 14, Wang et al. teach the battery cell manufacturing device according to claim 1, wherein the free end comprises a head end (starting end [0096]) and/or a tail end (ending end [0096]) of the electrode sheet.
Claims 3-5 and 7-9 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 210468000 U and its English equivalent, US 11961955 B2, which is cited below) in view of Si (CN 113036088 A).
Regarding Claim 3, Wang et al. teach the battery cell manufacturing device according to claim 2, wherein the adhesive applying mechanism (first glue pasting device 114 [col. 16, lines 26-35], OR the glue pasting mechanism [col.12, lines 10-15]) is configured to be arranged on the side of the separator facing the electrode sheet (inherent to how glue or tape are used as adhesives), and to provide an adhesive tape to the free end and separator, so as to adhesively connect the free end and the separator through adhesive tape (finishing end of positive electrode sheet 121 is adhesively connected to the first separator 122 by adhesive tape [col. 16, lines 60-65]).
Wang et al. does not explicitly teach the device wherein the adhesive applying assembly comprises a supporting mechanism arranged oppositely to an adhesive applying mechanism, wherein the supporting mechanism is configured to be arranged on the side of the separator facing away from the electrode sheet, and to support the free end and the separator during adhesive application.
However, Si teaches an adhesive applying assembly comprising a supporting mechanism (free roller 2, Figure 1, [0030]) and an adhesive applying mechanism (cylindrical sucker 1, Figure 1, [0030]) arranged oppositely (to the free roller, [008], see Figure 1), and to support the free end and the separator during adhesive application (see figures 3 and 4, the free roller 2 supports the opposite side of the sheet while the cylindrical sucker 1 applies adhesive).
The office deems that the supporting mechanism being configured to be arranged on the side of the separator facing away from the electrode sheet is an inherent property given the configuration of the adhesive applying mechanism; the supporting mechanism complements the adhesive applying mechanism and is on the opposite side of the separator, which faces away from the electrode sheet.
Si teaches that his cylindrical sucker pole piece rubberizing device greatly improves efficiency and quality of the pole piece ([004]) and improves efficiency of glue sticking ([0038]). Therefore, it would have been obvious to replace the first joining device including a glue pasting mechanism, or to replace the first glue pasting device, of Wang et al. with the cylindrical sucker pole piece rubberizing device of Si in order to improve the gluing efficiency and the resulting composite sheet quality produced by Wang et al.’s manufacturing device.
The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. (see MPEP § 2143, B.).
The prior art can be modified or combined to reject claims as prima facie obvious as long as there is a reasonable expectation of success. (see MPEP § 2143.02).
Regarding Claim 4, Wang et al. teach the battery cell manufacturing device according to claim 3 in view of Si, and Si clearly teaches that the distance between the supporting mechanism and the adhesive applying mechanism is adjustable ([008] the reciprocating power driving device pushes the cylindrical suction cup and the free roller closer to and away from each other; also see Figures 3 and 4 which depict these events).
Regarding Claim 5, Wang et al. teach the battery cell manufacturing device according to claim 3 in view of Si, wherein the adhesive applying mechanism comprises a first driving portion (the cylindrical sucker is provided with a reciprocating power driving device, or cylinder 5 in figures 1-5; see [0034] and [008]) and an adhesive preparation roller rotatably connected to the first driving portion (see figures 1 and 2; the cylindrical sucker 1 is rotatably connected to the cylinder 5), wherein the first driving portion is configured to drive the adhesive preparation roller to move close to or away from the separator and the free end (see figures 3 and 4, [008] the reciprocating power driving device pushes the cylindrical suction cup and the free roller closer to and away from each other), and the adhesive preparation roller is configured to provide a mounting position for the adhesive tape ([0033] describes this process), and be driven by the first driving portion to adhesively connect the adhesive tape to the free end and the separator ([008] the reciprocating power driving device is used to push the cylindrical suction cup and the free roller to move closer to and away from each other).
Although Si does not teach the separator and electrode sheet, the office deems it would have been obvious to one of ordinary skill in the art to replace the pole piece with a separator in preparation for adhesion to the electrode sheet (see [0062] in the translated description). Upon substituting the first joining device including a glue pasting mechanism or the first glue pasting device of Wang et al., the adhesive applying assembly of Si would operate on a separator sheet instead of the pole piece, which is another sheet-type material to be attached to an electrode sheet.
The simple substitution of one known element for another is likely to be obvious when predictable results are achieved. (see MPEP § 2143, B.).
Regarding Claim 7, Wang et al. teach the battery cell manufacturing device according to claim 5 in view of Si, wherein the supporting mechanism comprises a second driving portion and a supporting roller rotatably connected to the second driving portion (Claim 1, Figure 3), wherein the second driving portion is configured to drive the supporting roller to move close to or away from the separator (Figures 3 and 4, same rationale as above for claim 5), and the supporting roller is configured to provide support to the surface on the side of the separator facing away from the electrode sheet (same rationale as above for claim 5).
As to there being two driving mechanisms, the mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04).
Regarding Claim 8, Wang et al. teach the battery cell manufacturing device according to claim 7, wherein the first driving portion includes a first telescopic cylinder (telescopic end, [0030]) having a cylinder rod (electric push rod, [0034]) rotatably connected to the adhesive preparation roller (Figures 1 and 2); and/or the second driving portion comprises a second telescopic cylinder having a cylinder rod rotatably connected to the supporting roller (Figures 3 and 4, and [0030] and [0034]).
Regarding Claim 9, Wang et al. teach the battery cell manufacturing device according to claim 7 in view of Si, and the reciprocating power device 5 (Figure 1) is expected to have a driving motor, a lead screw, a nut, and a guide portion, wherein the lead screw is connected to an output end of the driving motor, the lead screw is in transmission fit with the nut, the nut is in guide fit with the guide portion, and the nut is rotatably connected to the adhesive preparation roller. Additionally, the mechanism as claimed is an obvious embodiment to one of ordinary skill in the art for adjusting the position of an object. Finally, Si teaches that it would be obvious to replace the reciprocating power device with a nut screw pair ([009]).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 210468000 U and its English equivalent, US 11961955 B2) in view of Si (CN 113036088 A) as applied to claims 3-5 above, and further in view of Wang et al. (CN 109411831 A, referred to as Wang #2 hereafter).
Regarding Claim 6, Wang et al. teach the battery cell manufacturing device according to claim 5 in view of Si, wherein the adhesive preparation roller comprises a roller body (cylindrical sucker 1, figure 5 of Si).
Wang et al. and Si do not explicitly teach that the adhesive preparation roller comprises a roller body and a partition component arranged in the roller body, wherein the partition component divides the inner cavity of the roller body into two or more independent chambers, and the roller body is provided with a communicating hole corresponding to each independent chamber, for vacuum suction of the adhesive tape.
However, Wang #2 teaches a glue wheel for applying adhesive in an electric core winding process ([002] of translated description), wherein the glue wheel is divided into multiple vacuum chambers ([0010]), and the wheel is provided with a plurality of vacuum suction holes for adsorbing the tape on the surface of the preparation rubber wheel ([009]). Wang #2 teaches that their invention improves the capacity to mass produce electric cores for batteries ([004] and [008]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have modified the adhesive preparation roller of Wang et al. or Si to have a partition component arranged in the roller body, wherein the partition component divides the inner cavity of the roller body into two or more independent chambers, and the roller body is provided with a communicating hole corresponding to each independent chamber, for vacuum suction of the adhesive tape, to enable improved automation effectiveness and large-scale production of power batteries as taught by Wang #2.
Additionally, dividing the roller into multiple partitions with more communicating holes is obvious to one of ordinary skill in the art because the mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 210468000 U) in view of Gagnon et al. (US 20060016549 A1).
Regarding Claim 10, Wang et al. teach the battery cell manufacturing device according to claim 1, wherein the lamination assembly comprises an heating lamination component (hot press mechanism [0087] and [0088]) configured to heat at least one of the free end and the separator ([0087] the separator and electrode sheet are combined with the hot press), such that the free end is thermally laminated with the separator ([0087] describes the first composite device thermally laminating the two sheets with the hot press); and/or the lamination assembly comprises a pressing component configured to compress the free end and the separator such that the free end is in press fit with the separator (the hot press is a pressing component, [0087]).
Wang et al. does not teach that the heating lamination component is an infrared device.
However, Gagnon et al. teach a process and apparatus for laminating components of an electrochemical cell, wherein an electrically conductive support film is heated with heating devices adapted to direct heat towards a target area by infrared light when bonding with the composite cathode sheet ([0027]). Gagnon teaches that increasing the surface temperature of the film with heaters improves the quality of adhesion with the electrode sheet ([0027]); as the film softens, a more intimate bond can be formed with the electrode sheet ([0027]).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to have used infrared light for heat to increase the quality of adhesion between the electrode sheet and the separator, as taught by Gagnon et al.
Conclusion
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/ANDREW KIM/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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