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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in Korea on 8/18/23. It is noted, however, that applicant has not filed a certified copy of the Korean application as required by 37 CFR 1.55 and an attempt by the Office to retrieve the document has failed. See the attached letter.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-5, 7 and 9 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ricciardi (U.S. Patent 3,710,983).
In regard to claim 1, the Ricciardi reference discloses an apparatus for discharging powder comprising:
a hopper 12 (see Figure 2) having an accommodating space in which powder 18 is accommodated and a discharge port (either defined by port 34 or the open portion at flange 22 posited at the lower end of the inclined portion) through which the powder is discharged;
a drive shaft 68, 52 at least partially disposed inside the hopper and having a shape extending in a first direction;
a drive motor 86 connected to the drive shaft and rotating the drive shaft; and
a spiral blade 24, 50 connected to a circumferential surface of the drive shaft;
wherein the spiral blade includes a first blade 50 and a second blade 24 having different radii.
It is noted statements of intended use., i.e., “for discharging powder of a secondary battery” do not lend any patentable structure to the claim. Further, the Ricciardi device is considered to be capable of discharging powder of a secondary battery should a user so choose to employ the device.
In regard to claim 2, the first blade is disposed in a position opposite the discharge port 34 and the second blade is disposed on at least one of both ends of the spiral blade in the first direction.
In regard to claim 3, the spiral blade is disposed so be spaced apart from an internal surface of the hopper so that a blade tip does not contact the internal surface of the hopper.
In regard to claim 4, the radius of the first blade 50 is greater than the radius of the second blade 24.
In regard to claim 5, the spiral blade first includes a third blade disposed between the first blade and the second blade (the third blade being positioned near the center of the shaft with the first blade 50 being positioned at the right end of the shaft and the second blade 24 being positioned at the left end of the shaft).
In regard to claim 7, the first blade and the second blade being provided in plural and the radius of the first blade is greater than the radius of the second blade.
In regard to claim 9, an inclined portion (see Figure 2) is formed on a lower surface of the hopper and the discharge port is formed in a lower portion of the inclined portion (i.e., the discharge port being defined by the port adjacent flange 22 at the bottom of the inclined portion)
Claims 14-17 are rejected under 35 U.S.C. 102(a)(2) as being anticipated by KR 102243729 (as cited by the Applicant, hereinafter ‘729, translation attached.
In regard to claim 14, the ‘729 reference discloses an apparatus for discharging powder (see the abstract), the apparatus comprising”
a hopper 100, 200 having an accommodating space in which powder is accommodated and a discharge port 300 through which the powder is discharged, the discharge port being formed at a bottom;
a drive shaft 20 at least partially disposed inside the hopper and having a shape extending in a first direction;
a drive motor 40 connected to the drive shaft and rotating the drive shaft; and
a plurality of screw members 31 connected to a circumferential surface of the drive shaft and extending outwardly in a radial direction of the drive shaft;
wherein at least a portion of the plurality of screw members are disposed in a position opposite to the discharge port.
It is noted statements of intended use., i.e., “for discharging powder of a secondary battery” do not lend any patentable structure to the claim. Further, the Ricciardi device is considered to be capable of discharging powder of a secondary battery should a user so choose to employ the device.
In regard to claim 15, the plurality of screw members each include a flange portion 32 formed at one end thereof.
In regard to claim 16, the flange portion has a shape extending in the first direction.
In regard to claim 17, the plurality of screw members includes a first screw member disposed in a position opposite the discharge port and a second screw member disposed on at least one of both ends of the plurality of screw members in the first direction wherein a length of the first screw member is greater than a length of the second screw member (see Figure 2).
Claim Rejections - 35 USC § 103
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 12 is rejected under 35 U.S.C. 103 as being unpatentable over Ricciardi in view of Alexander (U.S. Patent 5,314,090).
Although the Ricciardi device does not include a vibration unit on the inclined portion, as claimed, attention is directed to the Alexander reference, which discloses another hopper arrangement wherein a vibration unit 34 contacts the inclined portion of hopper 20 (see Figure 1) in order to assist in the flow of the granular material (see column 5, lines 27-30). Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was made such a vibration unit can be used to contact the inclined portion of the hopper used in the Ricciardi device in order to assist in the flow of the granular material.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Ricciardi in view of Mueller (U.S. Patent 3,653,639).
In regard to claim 13, although the Ricciardi reference does not disclose the use of a valve for opening and closing discharge port 34, attention is directed to the Mueller reference, which discloses another hopper arrangement wherein a valve 27 is positioned at the discharge port of the hopper 26 in order to control the outflow of material. Accordingly, it would have been obvious to one of ordinary skill in the art at the time the invention was made the discharge port on the Ricciardi device can include such a valve in order to control the outflow of material.
Allowable Subject Matter
Claims 6, 8, 10 and 11 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. The Bongratz reference is cited as being directed to the state of the art as a teaching of another hopper device having a drive shaft and a plurality of screw members extending therefrom wherein the screw members are of differing lengths.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DAVID J WALCZAK whose telephone number is (571)272-4895. The examiner can normally be reached Monday-Friday 6:30-4:00.
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DJW
2/17/26
/DAVID J WALCZAK/Primary Examiner, Art Unit 3754