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 .
The amendment filed 19 March 2026 has been entered.
Claim Interpretation
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: gap adjusting part, first/second member (Claims 1-14), transport part (Claim 5), plurality of rotation parts (Claim 5), and support part (Claim 14). It is noted that “part” and “member” are construed to be generic placeholders.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 6-11 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention. The limitation controller is new matter. The limitation controller is not disclosed in the orig. spec. or drawings. A controller is a specific term of art that denotes structure; however, the orig. term control part does not denote specific structure (see previous Office action). In “the originally filed specification, which describes the control part (40) as being ‘electrically connected to the cell grip unit (200) and the transport part (300),’” this does not disclose specific structure of a control part or disclose a controller, only to which structures the control part is electrically connected.
Claims 1-14 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites the limitation "fixed connection" in the last line. There is insufficient antecedent basis for this limitation in the claim.
Claim Rejections - 35 USC § 103
Claim(s) 1-14, as best understood, is/are rejected under 35 U.S.C. 103 as being unpatentable over Brockschmidt et al. (US 2022/0009217) (“Brockschmidt”) in view of Sejimo et al. (US 2013/0090761) (“Sejimo”).
Brockschmidt discloses:
Claim 1: a cell grip unit with a cell grip part (380-1/etc.) and a gap adjusting part (314-1/318-1/etc.), the cell grip part including a plate-shaped first member (plates 390-1/319-1/etc. have thickness at least in and out of FIG. 3) provided with a roller (320-1 may be above or below 320-2 via 219; “Preferably, the joint 219 achieves ball joint motion (i.e. 3-axis of rotation) by having three axis/motors where the EOAT mounts allowing for up to substantially 360 degrees of movement freedom to angle/position the EOAT 212-1, e.g., similar to the freedom of movement a human hand has about a wrist.”) and a plate-shaped second member (plates 390-2/etc. have thickness at least in and out of FIG. 3) disposed opposite to the first member at a predetermined interval to define an insertion space configured to receive a cell for a pouch (intended use; FIG. 3), the gap adjusting part configured to adjust a gap between the first member and the second member defining the predetermined interval (FIG. 3), one end of the second member being connected to an upper portion of the gap adjusting part, the roller being provided at the other end of the first member on the opposite side of the one end of the first member (FIG. 3); and
a transport part configured to transport the cell grip unit (210);
wherein the first member is cantilevered from the gap adjusting part (plates 390-1/319-1/etc. cantilevered from 314-1/318-1/etc.) such that the roller is located at a distal free end of the first member (320-1/etc. located at a distal free end of plates 390-1/319-1/etc.);
Claim 2: wherein the gap adjusting part is configured to adjust the gap by moving the second member (FIG. 1-3);
Claim 3: wherein the roller is disposed at an entrance of the insertion space configured to receive the cell (FIG. 3; intended use);
Claim 4: wherein the transport part is configured to rotate the cell grip unit about a thickness direction or a width direction of the cell during transport of the cell grip unit (FIG. 1-3; via 219);
Claim 5: wherein the transport part includes a plurality of rotation parts and links connecting adjacent rotating parts, the rotation parts configured to rotate along a thickness direction and a width direction of the cell (FIG. 1-3);
Claim 6: a controller electrically connected to the cell grip unit and transportation part, the controller configured to transports the cell grip unit such that a cell on a cell supply part is positioned in the insertion space (para. [0030]-[0031]; FIG. 1; intended use);
Claim 7: wherein the controller is configured to narrow the gap between the first member and the second member after a cell is seated on the first member (FIG. 1-3; intended use);
Claim 8: wherein the controller is configured to transport the cell grip unit such that a cell on the cell supply part is seated on the first member while contacting the roller (FIG. 1-3; intended use);
Claim 9: wherein the controller is configured to transport the cell grip unit such that a partial region of a cell is configured to contact a pouch when the cell is gripped (FIG. 1-3; intended use);
Claim 10: wherein the controller is configured to release a gripped cell by widening the gap between the first member and the second member when a partial region of the cell contacts a pouch (FIG. 1; intended use);
Claim 11: wherein the controller is configured to transports the cell grip unit such that when a gripped cell is released the cell is inserted into a pouch while contacting the roller (FIG. 1; intended use);
Claim 12: wherein the roller is idle-rotatably mounted to the first member (FIG. 1; brake on 320-1 is released; para. [0064]; intended use);
Claim 13: wherein the gap adjusting part is configured to move the second member toward or away from the first member (FIG. 1-3);
Claim 14: wherein the cell grip unit includes a support part connected to the transport part (FIG. 2, 213), a plurality of cell grip parts being located on the support part at predetermined intervals (210-1/210-2).
Brockschmidt does not directly show:
Claim 1: one end of the first member being connected in a fixed state to a lower part of the gap adjusting part;
the roller is located at a distal free end of the first member opposite the fixed connection.
Sejimo shows a similar device having:
Claim 1: one end of the first member being connected in a fixed state to a lower part of the gap adjusting part (FIG. 1A, 4 is fixed while 8 rotates);
the roller is located at a distal free end of the first member opposite the fixed connection (FIG. 1A, 4 is fixed while 8 rotates; roller is disclosed in Brockschmidt);
with a reasonable expectation of success for the purpose of controlling the motor that closes the gap between the first member and second member with high precision (para. [0022]/[0112]). Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to modify Brockschmidt as taught by Sejimo and include Sejimo’s similar device having:
Claim 1: one end of the first member being connected in a fixed state to a lower part of the gap adjusting part;
the roller is located at a distal free end of the first member opposite the fixed connection;
with a reasonable expectation of success for the purpose of controlling the motor that closes the gap between the first member and second member with high precision.
Response to Arguments
Applicant's arguments filed 19 March 2026 have been fully considered but they are not persuasive.
Re. the claim interpretation of control part, the claim interpretation under 35 USC 112(f) has been withdrawn; however, the new controller limitation is rejected under 35 USC 112(a) as being new matter. The limitation controller is not disclosed in the orig. spec. or drawings. A controller is a specific term of art that denotes structure; however, the orig. term controller does not denote specific structure (see previous Office action). In “the originally filed specification, which describes the control part (40) as being ‘electrically connected to the cell grip unit (200) and the transport part (300),’” this does not disclose specific structure of a control part or disclose a controller, only to which structures the control part is electrically connected.
Re. the 103 rejections, the rejections have been modified in relation to the new claim limitations. Specifically, in Brockschmidt, plates 390-1/319-1/etc. are cantilevered from 314-1/318-1/etc. such that the roller is located at a distal free end of the first member, or 320-1/etc. is located at a distal free end of plates 390-1/319-1/etc. In Sejimo, as shown in FIG. 1A, 4 is fixed while 8 rotates.
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 Gerald McClain whose telephone number is (571)272-7803. The examiner can normally be reached Monday through Friday from 8:30 a.m. to 5:00 p.m. and at gerald.mcclain@uspto.gov (see MPEP 502.03 (II)).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Saul Rodriguez can be reached at (571) 272-7097. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Gerald McClain/Primary Examiner, Art Unit 3652
Prosecution Insights