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 .
Election/Restrictions
Applicant’s election without traverse of claims 1-9 in the reply filed on 01/06/2026 is acknowledged.
Claims 10-15 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.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 01/06/2026.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
Claim 7 is 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 pre-AIA the applicant regards as the invention.
Claim 7, lines 1-2 recite "further comprising a transfer part configured to transfer the battery case”. It is unclear whether this is the same transfer part recited in base claim 1 or an additional transfer part. For the purpose of examination, claim 7 reads on no additional transfer part (and it is suggested that applicant delete this recitation from the claim for clarity).
Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an 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 limitations are:
Primary sealing unit
Secondary sealing unit
Primary heating unit
Secondary heating unit
Transfer part
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1-8 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (KR 20200026064, previously made of record with text citations to translation made of record on 06/13/2024) in view of Jung (US PG Pub 2017/0025702).
Regarding claim 1, Kim teaches a battery case sealing device (Fig. 5a) comprising:
a primary sealing unit (heating jig H3 is a press per para. 0040 and is therefore a type of sealing unit) configured to press and seal a battery case in which an electrode assembly is accommodated (as shown in Fig. 5a);
a pair of primary heating units disposed in a front (H1) and a rear (H2), respectively, of the primary sealing unit (as shown in Fig. 5a) wherein the pair of heating units are configured to heat the battery case (para. 0040).
Kim does not explicitly teach a transfer part configured to transfer the battery case in a transfer direction along a transfer path.
However, it is conventional in the battery manufacturing arts, as taught for example by Jung, to utilize a transfer part (transfer part 110 with a conveyor belt [not shown] per para. 0029) configured to transfer a battery part in a transfer direction along a transfer path (e.g. as shown in Fig. 3) for in-line battery processing (para. 0029).
In view of Jung’s teachings, it would have been obvious to one of ordinary skill in the art at the time of filing to modify Kim’s apparatus to include a transfer belt with a conveyor belt as suggested by Jung to predictably enable in-line, high-volume battery case sealing.
Regarding claim 2, the combination of Kim and Jung described above renders obvious that the pair of primary heating units are disposed along the transfer path in the transfer direction (compare Kim Fig. 5a and Jung Fig. 3), wherein one of the pair of primary heating units is disposed before the primary sealing unit in the transfer direction along the transfer path, and the other of the pair of primary heating units is disposed after the primary sealing unit in the transfer direction along the transfer path (compare Kim Fig. 5a and Jung Fig. 3) for the reasons given above.
Regarding claim 3, Kim teaches the pair of primary heating units are configured to heat the battery case in a non-contact manner (para. 0040).
Regarding claim 4, Kim teaches the battery case has an electrode lead electrically connected to the electrode assembly (para. 0036 and Fig. 4),
wherein the electrode lead protrudes from at least one end of the battery case (as shown in Fig. 4), and
wherein the primary sealing unit is configured to press and seal an area of the battery case that conforms to the electrode lead (as shown in Fig. 5a).
Regarding claims 5-8, Kim does not explicitly teach these features.
However, the features in each of these claims merely involves duplication of the sealing unit, heating units, and features thereof. The courts have ruled that mere duplication of parts does not have patentable significance unless a new and unexpected result is achieved. See MPEP § 2144.04.VI.B (In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960)). It would have been obvious to one of ordinary skill in the art to duplicate each of these parts to predictably improve seal quality and strength and/or increase production speed.
Allowable Subject Matter
Claim 9 is 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 all intervening claims.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JIM R SMITH whose telephone number is (303)297-4318. The examiner can normally be reached Mon-Fri. 9-6 MST.
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/JIMMY R SMITH JR./Examiner, Art Unit 1745