DETAILED ACTION
Election/Restrictions
Applicant’s election without traverse of claims 10-25 in the reply filed on August 4, 2025 is acknowledged.
Claims 1-9 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on August 4, 2025.
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
blade disposed downstream of the outlet, the blade angled relative to a flow axis of the nozzle (claim 23)
air vent hole is defined in the plenum portion (claim 25),
must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: #1023 (air vent port).
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 Rejections - 35 USC § 102
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 10-12, 14 and 16 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Weber (US 5,176,925).
In regards to claim 10, Weber teaches die comprising:
a nozzle provided as a main body portion (1), the nozzle/main body portion provides a flow channel (80, void volume) that has a rectangular cross section and a plurality of inner walls (fig. 1, 4; col. 2, lines 25-55);
a projection (310) which has a diamond shape, where the diamond shape provides a proximal terminal end having a first width, a distal terminal end having a second width, and a central section having a third width, the third width larger than the first width or the second width (fig. 1, 4; col. 3, lines 30-45).
Weber teaches the projection (pin) contacts to inner wall by extending from base-105 of the flow channel and contacts the cover member when the cover member is secured to upper surface (40) of main body portion (fig. 1, 4; col. 2, line 65- col. 3, line 15).
In regards to claim 11, Weber teaches a plurality of projections (310) spaced apart along a base-105 of the flow channel (80, void volume), where the plurality of projections (310) provide the first rib and a second rib in the void volume and contacting at least two inner walls of the plurality of inner walls (fig. 1, 4; col. 2, line 65- col. 3, line 15).
In regards to claims 12 and 14, Weber teaches the plurality of projections (310) spaced apart along a base (85) of the flow channel (80, void volume) that provides the first and second ribs. With the arrangement of projections in a line as shown in figure 4, the projections meet the claimed the second rib has a distal end, the distal end of the second rib located proximal to the distal end of the first rib and the distal end of the second rib is located in line with the distal end of the first rib.
In regards to claim 16, Weber teaches the plurality of projections each have a pointed ends at a proximal section and a distal section (fig. 4).
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.
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.
Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Weber (US 5,176,925).
In regards to claim 17, Weber teaches die comprising:
a nozzle provided as a main body portion (1), the nozzle/main body portion provides a flow channel (80, void volume) that has a rectangular cross section and a plurality of inner walls (fig. 1, 4; col. 2, lines 25-55);
an annular shaft portion (8, plenum portion) that receives a flow of material (fig. 1, 4; col. 2, lines 25-35);
a base-105 provides a splitting portion that is downstream of the annular shaft, the base-105 has a plurality of projections (310) spaced apart along the base-105 of the flow channel (80, void volume), where the plurality of projections (310) provide the first rib and a second rib in the void volume and contacting at least two inner walls of the plurality of inner walls, where the flow from the annular shaft portion is split into a plurality of flow when moving around the projections (fig. 1, 4; col. 2, line 65- col. 3, line 15);
a land-140 provides a combining portion, where the land-140 is capable of combining flows as this portion does not have projections, the land-140 is downstream of the base-105 (fig. 1, 4; col. 2, lines 55-65);
an outlet provides a distal orifice downstream of land-140 (fig. 1, 4; col. 2, lines 55-65).
Weber does not explicitly teach the splitting portion is configured to inhibit deflection of the nozzle during flow of the semi-solid electrode material through the void volume.
However, as Weber teaches the structural limitations of the plurality of projections (ribs) in the base-105 (splitting portion), the plurality of projections would be capable of the claimed inhibit deflection of the nozzle during flow of the semi-solid electrode material through the void volume.
The courts have held that a claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim (MPEP2114).
Also, with regards to semi-solid electrode material, the courts have held that expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim (MPEP2115).
Claim 23 is rejected under 35 U.S.C. 103 as being unpatentable over Weber as applied to claim 17 above, and further in view of Aidun (US 5,820,674).
In regards to claim 23, Weber as discussed, but does not explicitly teach a blade disposed downstream of the outlet, the blade angled relative to a flow axis of the nozzle.
However, Aidun taches a coating device (50) comprising a continuous channel-52 which outputs a material and a doctor element (60) is positioned downstream of the continuous channel-52 and is angled relative to a flow axis of the outlet of the coating device (fig. 1b; col. 6, lines 15-45).
Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the blade positioned downstream of the outlet of Aidun onto the apparatus of Weber because Aidun teaches it will remove excess coating from the substrate (col. 3, lines 5-10).
Allowable Subject Matter
Claims 13, 15, 18-22 and 24 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.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Binu Thomas whose telephone number is (571)270-7684. The examiner can normally be reached Monday to Thursday, 8:00AM-5:00PM.
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/Binu Thomas/Primary Examiner, Art Unit 1717