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 .
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 9 and 19 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 specification does not describe “a planarization part configured to horizontally move the planarization rod”. The specification describes the planarization rod moves up and down or sample bucket movies horizontally (see para 101-117).
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 following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
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.
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(s) 1-7, 11-17 and 21 are is/are rejected under 35 U.S.C. 103 as being unpatentable over Sakamoto (US 20220291149) in view of Ursella et al. (US 20190240864).
Regarding claims 1, 11 and 21, Sakamoto teaches an apparatus for detecting foreign substances in an active material for a secondary battery (para 3), the apparatus or method comprising:
means for moving 50 the input active material;
an irradiator 10 configured to apply radiation to the moving active material; and
a radiation detector 30 configured to detect radiation that passes through the moving active material.
However Sakamoto fails to teach means for equalizing an amount of the active material that is input to the apparatus;
Ursella teaches means for equalizing 14 an amount of a material that is input to the apparatus.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the apparatus of Sakamoto with the equalizer as taught by Ursella, since it would provide batter material uniformity.
Regarding claims 2 and 12, Ursella teaches a discharge part 4 configured to discharge the input active material after detection of foreign substances by the irradiator and the detector has been completed.
Regarding claims 3 and 13, Ursella teaches the means for equalizing the amount of the active material comprises a planarization rod 14 configured to spread the active material such that a height of the input active material is constant (figure 1).
Regarding claims 4 and 14, Ursella teaches the means for equalizing S1 the amount of input of the active material further comprises a controller configured to move the planarization rod up and down (figure 1).
Regarding claims 5 and 17, Ursella teaches a sensor 22 configured to measure a height of the active material that has been spread by the planarization rod.
Regarding claims 6 and 16, Ursella teaches the means for moving 2 the input active material comprises a conveyer belt.
Regarding claims 7 and 17, Sakamoto fails to teach a controller configured to change a moving speed of the conveyer belt.
Conveyer moving speed control is known.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to adapt the conveyor of Ursella with the known speed control, since it would provide batter material uniformity.
Allowable Subject Matter
Claims 8, 10, 18 and 20 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.
The following is a statement of reasons for the indication of allowable subject matter:
Regarding claims 8, 10, 18 and 20, the prior art fails to teach the means for equalizing the amount of input of the active material comprises: a sample bucket configured to contain the active material; and a planarization rod configured to spread the active material contained in the sample bucket such that the active material has a constant height as claimed in claim 8 and 18.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOON K SONG whose telephone number is (571)272-2494. The examiner can normally be reached M to Th 10am to 7pm.
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/HOON K SONG/Primary Examiner, Art Unit 2884