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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8 July 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 1-13), transport part (Claim 5), plurality of rotation parts (Claim 5), and support part (Claims 1-13). It is noted that “part” and “member” are construed to be generic placeholders.
Claim Rejections - 35 USC § 103
Claim(s) 1-13 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 adjustable rectangular insertion space (the space between 390-1/390-2/etc. can be construed to be rectangular and is adjustable via the gap adjusting part/etc.) 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);
the support part being connected to the transport part (FIG. 2, 213), a plurality of cell grip parts being provided on the support part at predetermined intervals (210-1/210-2);
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.);
wherein the first member and the second member are arranged parallel to each other along the predetermined interval, the gap adjusting part being disposed at a first side of the insertion space and being connected to both the first member and the second member at the first side such that the insertion space is bounded by the gap adjusting part at the first side and is open at a second side of the insertion space opposite the first side to define an entry end where the cell enters the insertion space (FIG. 3 shows this; inner surface of 390-1/390-2/etc. toward 350 are arranged parallel to each other along the predetermined interval as shown; 314-1/318-1/etc. are at the proximal first side of the space as shown in FIG. 3; article enters second side entry as shown in FIG. 3; cell is intended use; Brockschmidt is capable of handling a cell);
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: wherein the cell packaging device is configured to control the cell grip unit and the transport part, the cell packaging device being 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 cell packaging device 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 cell packaging device 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 cell packaging device 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 cell packaging device 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).
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 8 July 2026 have been fully considered but they are not persuasive except for the 112 rejections that are fully withdrawn due to amendment.
Re. the 103 rejections, the rejections have been modified in relation to the new claim limitations. Re. the insertion space, the space in Brockschmidt between 390-1/390-2/etc. can be construed to be rectangular and is adjustable via the gap adjusting part/etc.
Re. the last, newly amended wherein clause in Claim 1, FIG. 3 shows this. Inner surface of 390-1/390-2/etc. toward 350 are arranged parallel to each other along the predetermined interval as shown. Items 314-1/318-1/etc. are at the proximal first side of the space as shown in FIG. 3. An article enters second side entry as shown in FIG. 3. Handling a cell is intended use; Brockschmidt is capable of handling a cell.
Conclusion
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