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 § 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 1-3 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Greenleaf (US 2009/0044671).
With regards to claim 1, Greenleaf discloses a secondary battery case manufacturing device comprising:
a die (22) comprising a first surface and a second surface that are opposite to each other;
a punch hole (not labeled, as seen in at least Figure 1) extending through the first surface and the second surface;
a punch (28) arranged to face the first surface and configured to press a workpiece toward the punch hole in a first direction;
a knockout member (20) arranged to face the second surface and configured to press the workpiece in a second direction opposite to the first direction; and
a stamp member (36) on the knockout member and configured to imprint a pattern on the workpiece as the knockout member comes into contact with the workpiece, as seen in Figures 1-2.
With regards to claim 2, Greenleaf discloses wherein the knockout member comprises:
a knockout body (not labeled, as seen in Figure 1 facing the second surface and configured to move along the first direction or the second direction; and
a knockout pad (20) reciprocally movable with respect to the knockout body along the first direction and the second direction and configured to contact the workpiece, and
the stamp member is selectively contactable with the workpiece according to a moving direction of the knockout pad.
With regards to claim 3, Greenleaf discloses wherein the knockout pad (20) is insertable in the punch hole as the knockout body is moved along the second direction, as seen in Figure 2.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 4-7 are rejected under 35 U.S.C. 103 as being unpatentable over Greenleaf.
Greenleaf further discloses wherein the stamp member comprises: a stamp hole (unlabeled, as seen in Figure 1) extending through the knockout pad (20) and facing the punch hole and a stamp rod (36) extending from the knockout body toward the stamp hole, as seen in Figure 1. Greenleaf’s first embodiment discloses the invention substantially as claimed except for a stamp extending from the stamp rod and arranged inside the stamp hole, and the stamp protrudes out of the stamp hole as the knockout pad is moved relative to the knockout body in the first direction. Another of Greenleaf’s embodiments, described in paragraphs 0035-0036 and shown in Figures 8 and 9, show a stamp (110’ or 118’) extending from the stamp rod (102). Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide a protruding stamp as described in Greenleaf's embodiments because combining prior art elements according to known methods yields predictable results [KSR Int’l Co. v. Teleflex Inc., 127 S.Ct. 1727, 1742, 82 USPQ2d 1385, 1396 (2007)].
With regards to claims 5-6, Greenleaf further discloses wherein the stamp extends along the second direction from an end of the stamp rod, as seen in Figures 8 and 9 and wherein the stamp member further comprises a support member between the knockout body and the stamp rod and configured to support the stamp rod with respect to the knockout body.
With regards to claim 7, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to provide the particularly claimed material composition of the support member since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of mechanically efficiency. In re Leshin, 125 USPQ 416.
Allowable Subject Matter
Claims 8-19 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure and further show the state of the art: US Patent 4,800,745 and US 2019/0184442.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TERESA M EKIERT whose telephone number is (571)272-1901. The examiner can normally be reached Monday-Friday 8AM-4:30PM EST.
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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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/TERESA M EKIERT/Primary Examiner, Art Unit 3725
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