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 .
Information Disclosure Statement
The information disclosure statement filed 7/01/2024 fails to comply with 37 CFR 1.98(a)(2), which requires a legible copy of each cited foreign patent document; each non-patent literature publication or that portion which caused it to be listed; and all other information or that portion which caused it to be listed. It has been placed in the application file, but the information referred to therein has not been considered.
Election/Restrictions
Claim 4 is withdrawn from further consideration pursuant to 37 CFR 1.142(b), as being drawn to a nonelected species II, there being no allowable generic or linking claim. Applicant timely traversed the restriction (election) requirement in the reply filed on 04/03/2026.
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.
Claim(s) 1, 3, 5, and 6 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al (US 7,963,244).
As to claim 1, Yang et al. disclose an electrode production apparatus comprising:
A support part for holding a substrate
An aerosol supplying part comprising:
Aerosol preparing part
Porous electrode between aerosol preparing part and support part
Electric field forming apparatus
PNG
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621
731
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Greyscale
As to claim 3, the air supplying apparatus flow a gas toward the substrate.
As to claim 5, the support comprises of roller (2).
As to claim 6, the substrate is a metal foil on the surface of the roll.
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.
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al (US 7.963,244).
As to claim 2, Yang et al. disclose the air supplying apparatus, but lacks the disclosure of the porous plate. However, the porous plate based on the broadest reasonable interpretation is a filter for the air flow. Therefore, it would have been obvious to one of ordinary skill in the art to have a filter (porous plate) in order to have clean air prior to creating an electric field.
Inquiry
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Len Tran whose telephone number is (571)272-1184. The examiner can normally be reached Monday-Friday, 8am - 4pm.
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/LEN TRAN/Supervisory Patent Examiner, Art Unit 3763
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