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 .
DETAILED ACTION
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.
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:
the “travel motion part” (claim 1), “defect sensing part” (claims 1 and 13), “cutting part” (claims 1-6, 9, and 13-15), “electrode discharge” part (claims 1-6 and 12), and “defect recovery part” (claims 1, 5, and 7).
With regard to the term “travel motion part”:
first, the term “part” is a generic placeholder for “means”; second, the generic placeholder is modified by the functional language “travel motion”; third, the generic placeholder is not modified by sufficient structure for performing the claimed function – e.g., the term “travel motion” preceding the generic placeholder describes the function, not the structure, of the “travel motion part”.
With regard to the term “defect sensing part”:
first, the term “part” is a generic placeholder for “means”; second, the generic placeholder is modified by the functional language “defect sensing”; third, the generic placeholder is not modified by sufficient structure for performing the claimed function – e.g., the term “defect sensing” preceding the generic placeholder describes the function, not the structure, of the “defect sensing part”.
With regard to the term “cutting part”:
first, the term “part” is a generic placeholder for “means”; second, the generic placeholder is modified by the functional language “cutting”; third, the generic placeholder is not modified by sufficient structure for performing the claimed function – e.g., the term “cutting” preceding the generic placeholder describes the function, not the structure, of the “cutting part”.
With regard to the term “electrode discharge part”:
first, the term “part” is a generic placeholder for “means”; second, the generic placeholder is modified by the functional language “electrode discharge”; third, the generic placeholder is not modified by sufficient structure for performing the claimed function – e.g., the term “electrode discharge” preceding the generic placeholder describes the function, not the structure, of the “electrode discharge part”.
With regard to the term “defect recovery part”:
first, the term “part” is a generic placeholder for “means”; second, the generic placeholder is modified by the functional language “defect recovery”; third, the generic placeholder is not modified by sufficient structure for performing the claimed function – e.g., the term “defect recovery” preceding the generic placeholder describes the function, not the structure, of the “defect recovery 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.
Examiner notes that the Claim limitations of Claims 1-15, reading a “cutting device” are not being treated under 35 USC 112(f) even though the limitation uses a generic placeholder that is coupled with functional language, because the claim recites sufficient structure to perform the recited function.
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.
Claims 1-11 and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by KR KR20220112893A, Kim.
Regarding Claim 1. Kim discloses:
a cutting device (device shown in figs 1-7) for an electrode base material (combination of sheets 1- and 2 and laminate 3) comprising:
a travel motion part 20 configured to guide a travel motion of the electrode base material along a travel motion path (par’s 11-12 under the “DESCRIPTION-OF-EMBODIMENTS” section, where it is disclosed that “The first sheet supply unit 10 and the laminate supply unit 20 are the conveying rollers 11 and 21, respectively, and the unwinder 12 for supplying the sheets 1 and 2 to the conveying rollers 11 and 21, respectively”);
a defect sensing part (par 49 under the “DESCRIPTION-OF-EMBODIMENTS” section, where it is disclosed that “detection sensor” may be used) disposed on the travel motion path and provided configured to sense defective portions of the electrode base material (par 49 under the “DESCRIPTION-OF-EMBODIMENTS” section, where it is disclosed that “detection sensor” may be used, and subsequent thereto the product is driven by the parts 21);
a cutting part (24-27) configured to cut the electrode base material into a plurality of unit electrodes (par 43 under the “DESCRIPTION-OF-EMBODIMENTS” section, where it is disclosed that “the second sheet 2 is sequentially cut while passing through the cutter 24 to form a laminate 3, and the laminates 3 cut through the cutter 24 are transported through a conveyor 29 . It may be sequentially stacked on the first sheet (1) to form a predetermined interval”), the cutting part being movable along the travel motion path (via pusher 26-27, compare figs 4-7), and the cutting part configured so that a good product cutting position for cutting a normal one of the plurality of unit electrodes (fig 7) and a defect cutting position for cutting a defective one of the unit electrodes (fig 5) including one of the defective portions are different (compare figs 5 and 7, and see par’s 50-60);
an electrode discharge part (29 and 30) configured to discharge to an outside of the cutting device the normal one of the unit electrodes cut at the good product cutting position (par 0057); and
a defect recovery part (28, figs 2 and 5) configured to receive storage of the defective one of the unit electrodes cut at the defect cutting position [of the cutting part] (par’s. 52-54, under the “DESCRIPTION-OF-EMBODIMENTS” section, where it is disclosed that “the defective laminate 3 ′ including the defective portion 4 is cut from the second sheet 2 to the lower portion of the transfer path where the advancing and retreating unit 25 is located when moving forward. The driving of the conveying roller 21 and the cutter 24 may be resumed so as to be discharged. Accordingly, the defective stack 3 ′ may be dropped to the collection box 28 and collected”).
Regarding Claim 2, in Kim, the cutting part (24-27) and the electrode discharge part (29 and 30) are configured to be selectively connected to each other (fig 7) so that the cutting part is configured to deliver the normal one of the unit electrodes cut at the good product cutting position to the electrode discharge part (par 57 under the “DESCRIPTION-OF-EMBODIMENTS” section, where it is noted that “Accordingly, the laminating apparatus 100 is switched back to a normal driving state, and in this state, as the driving of the first sheet supply unit 10 and the laminate supply unit 20 is resumed, the defective portion 4 is removed. The laminate 3 that is newly cut from the 2 sheets 2 may be supplied onto the first sheet 1 transferred through the conveyor 29 and laminated.”).
Regarding Claim 3, in Kim, the cutting part (24-25) and the electrode discharge part 29 are configured to be selectively disconnected from each other (see fig 5) so that the cutting part is not configured to deliver the defective one of the unit electrodes cut at the defect cutting position to the electrode discharge part (par 39 and 40 under the “DESCRIPTION-OF-EMBODIMENTS” section, where it is noted that “When the laminating apparatus 10 is normally driven, the first sheet supply unit 10 supplies and transports the first sheet 1 in one direction, and the laminate supply unit 20 is sequentially cut from the second sheet 2 . It can be sequentially laminated so as to be spaced a predetermined distance on the first sheet (1) to transfer the laminate (3). At this time, the unwinder 22 rotates forward so that the wound second sheet 2 is unwound, and the second sheet 2 unwound from the unwinder 22 is a tension adjusting unit 23 by the conveying roller 21 . through the cutter 24 can be transferred. Subsequently, the second sheet 2 is sequentially cut while passing through the cutter 24 to form a laminate 3 , and the laminates 3 cut through the cutter 24 are transported through a conveyor 29 . It may be sequentially stacked on the first sheet (1) to form a predetermined interval.”).
Regarding Claim 4, in Kim, the cutting part is configured to move in a direction away from the electrode discharge part when moving from the good product cutting position to the defect cutting position (compare figs 5, defect cutting position to fig 7 good product cutting position, and see pars 52-58 under the “DESCRIPTION-OF-EMBODIMENTS” section).
Regarding Claim 5, in Kim, at the defect cutting position (fig 6), the defect recovery part 28 is exposed at a space between the cutting part and the electrode discharge part (fig 6).
Regarding Claim 6, in Kim, the cutting part (24-27) comprises a pair of cutting members (24, fig 6); and
a rear-end roll part 21b disposed between the pair of cutting members 24 and the electrode discharge part (28 and 30), and the rear-end roll part is configured to push the normal one of the unit electrodes into the electrode discharge part at the good product cutting position (par 39 and 40 under the “DESCRIPTION-OF-EMBODIMENTS” section, where it is noted that “When the laminating apparatus 10 is normally driven, the first sheet supply unit 10 supplies and transports the first sheet 1 in one direction, and the laminate supply unit 20 is sequentially cut from the second sheet 2 . It can be sequentially laminated so as to be spaced a predetermined distance on the first sheet (1) to transfer the laminate (3). At this time, the unwinder 22 rotates forward so that the wound second sheet 2 is unwound, and the second sheet 2 unwound from the unwinder 22 is a tension adjusting unit 23 by the conveying roller 21 . through the cutter 24 can be transferred. Subsequently, the second sheet 2 is sequentially cut while passing through the cutter 24 to form a laminate 3 , and the laminates 3 cut through the cutter 24 are transported through a conveyor 29 . It may be sequentially stacked on the first sheet (1) to form a predetermined interval.”).
Regarding Claim 7, in Kim, cutting device according to claim 6, wherein the rear-end roll part 21b is configured to push the defective one of the unit electrodes into the defect recovery part at the defect cutting position (shown in fig 6) (par 35 under the “DESCRIPTION-OF-EMBODIMENTS” section, where it is noted that “A collection box 28 may be provided on the base plate 27 to the other side of the advance and retreat actuator 26 , in which defective stacks 3 ′ discharged from the process line are collected.”).
Regarding Claim 8, in Kim, the defect recovery part 28 is disposed at a location configured to receive storage of the defective one of the unit electrodes passing through the rear-end roll part (fig 6) (par 35 under the “DESCRIPTION-OF-EMBODIMENTS” section, where it is noted that “A collection box 28 may be provided on the base plate 27 to the other side of the advance and retreat actuator 26 , in which defective stacks 3 ′ discharged from the process line are collected.”).
Regarding Claim 9, in Kim, the cutting part (24-27) further comprises a position adjusting part (26 and 27) configured to adjust a position of the pair of cutting members along the travel motion path (pars 34-35 of the “DESCRIPTION-OF-EMBODIMENTS” section, where it is noted that “A base plate 27 is installed at the bottom of the advancing and retreating unit 25 so that the advancing and retreating unit 25 by the advancing and retreating actuator 26 can be performed more stably, and the advancing and retreating unit 25 is a second seat 2. may be mounted on the base plate 27 to slide in the forward and reverse directions along the transport path. The advancing and retreating actuator 26 may be installed on the base plate 27 so as to be located on one side of the bottom of the advancing and retreating unit 25. A collection box 28 may be provided on the base plate 27 to the other side of the advance and retreat actuator 26, in which defective stacks 3 ′ discharged from the process line are collected. A process of removing the defective laminate 3 ′ will be described later.”).
Regarding Claim 10, in Kim, the position adjusting part comprises a rail (27); and a main body part (25, 21a and 21b) movably coupled to the rail (compare figs 4-8), the pair of cutting members being mounted to the main body part (fig 6-8).
Regarding Claim 11, in Kim, the rear-end roll part 21b is mounted to the main body part (fig 6), and the pair of cutting members 24 and the rear-end roll part are configured to move together along the rail (compare figs 4-7).
Regarding Claim 13, in Kim, the device thereof further comprises a control part (“control unit”) configured to adjust a position of the cutting part on the travel motion path based on sensing information received from the defect sensing part (par 40 under the “DESCRIPTION-OF-EMBODIMENTS” section, where it is noted that: “The laminating apparatus 100 further includes a control unit not shown, and the control unit (not shown) controls the operation of the above-described first sheet supply unit 10 , the laminate supply unit 20 , and the laminating unit 30 , The process of laminating the laminate 3 on the first sheet 1 to be transferred may be continuously performed.”).
Regarding Claim 14, in Kim, the control part is configured so that when one of the defective portions is sensed in the electrode base material, the cutting part is moved to the defect cutting position, and then the defective one of the unit electrodes is cut from the electrode base material (par 40 “DESCRIPTION-OF-EMBODIMENTS” section, where it is noted that the control unit controls all of the units 10, 20 and 30, and pars 40-60 where the movement of the cutting part 25 from the defect position to the good cutting position is described).
Regarding Claim 15, in Kim, to claim 14, wherein the control part (control unit) is configured so that when the defective one of the unit electrodes is removed from the electrode base material, the cutting part is moved to the good product cutting position, and then the normal one of the unit electrodes is cut from the electrode base material (par 40 “DESCRIPTION-OF-EMBODIMENTS” section, where it is noted that the control unit controls all of the units 10, 20 and 30, and pars 40-60 where the movement of the cutting part 25 from the defect position to the good cutting position is described).
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 of this title, 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 Kim as applied to claim 1 above, and further in view of USPGPUB 20170069905, Koike.
Regarding Claim 12 in Kim, the electrode discharge part (29-30) comprises a pair of discharge rolls (31-32) configured to guide a travel motion of the normal one of the unit electrodes (pars 39 of the “DESCRIPTION-OF-EMBODIMENTS” section, where it is noted that “The laminating unit 30 may include a pair of laminating rollers 31 and 32 . The laminating rollers 31 and 32 press and pass the first sheet 1 in which the plurality of laminates 3 are transported in a laminated state under predetermined temperature and pressure conditions, thereby passing the laminates 3 to the first sheet. (1) It can be fixed in a fixed state.); and an electrode storage part configured to store the normal one of the unit electrodes passing through the pair of discharge rolls”).
Kim lacks the apparatus having an electrode storage part configured to store the normal one of the unit electrodes passing through the pair of discharge rolls (Kim is silent as to what happens to non defective product portions after completion of being manufactured).
Koike discloses an electrode laminating and cutting device, in the same field of endeavor as the laminating and cutting device of the present invention and discloses that such a system includes separating defective and non defective end products (par 0008 and par 0046), and discloses that in such a device it is known to have an electrode storage part 28c configured to store the normal one of the unit electrodes passing through a pair of discharge rolls 27B and A (par. 0046) in order to accommodate non defective end products after being produced by the machine, par 0048.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify Kim by having the device include have an electrode storage part configured to store the normal one of the unit electrodes passing through a pair of discharge rolls in order to accommodate non defective end products after being produced by the machine as taught by Koiko
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. USPNs/USPGPUBs 20020035903 5224250 20230158697 20230155101 20150360381 20200139569 20230330881 20250079430 and 20200153016 disclose state of the art electrode cutting devices, while USPN/PGPUBs 6823763 and 20170252941, disclose state of the art cutters with defect portion deflectors. Thus, each of these references disclose elements relevant to the present invention/application.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FERNANDO A AYALA whose telephone number is (571)270-5336. The examiner can normally be reached Monday-Friday 9am-5pm Eastern standard.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Boyer Ashley can be reached on 571-272-4502. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/FERNANDO A AYALA/Examiner, Art Unit 3724
/BOYER D ASHLEY/ Supervisory Patent Examiner, Art Unit 3724