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 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 4 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 4 recites the limitation "a pair of second fixing sills". There is insufficient antecedent basis for this limitation in the claim.
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.
Claim(s) 1, 9-11, 13 and 14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sim et al. (WO 2022203265, hereafter referred to as Sim).
Regarding claims 1, 9 and 10, Sim teaches an adhesion measuring device comprising: a fixing jig 120 having a receiving portion for seating a measurement specimen including an electrode 111 and a separator (See claim 1), the receiving portion receiving an electrolyte to fix the measurement specimen immersed in the electrolyte (see para. 0063); and an adhesion strength meter 130 provided with a grip 131 for gripping an end region of the separator of the measurement specimen 110, and for measuring an interfacial adhesion between the separator and the electrode by pulling the gripped separator in a direction perpendicular to a surface of the electrode (see para. 0061), wherein a portion 121 of the upper surface of the fixing jig is recessed in a downward direction form the receiving portion for receiving the electrolyte (see figure 2), and wherein the adhesion strength meter 130 measures the interfacial adhesion between the electrode and the separator in a wet state by immersing the measurement specimen in the electrolyte filled in the receiving portion (see para. 0062).
Regarding claim 11, Sim further teaches wherein the electrode of the measurement specimen comprises a positive or negative electrode (see para. 0090) which are obtained by disassembling a secondary battery (see para. 0005).
Regarding claim 13, it has been held that to be entitled to weight in method claims, the recited-structure limitations therein must affect the method in a manipulative sense, and not to amount to the mere claiming of a use of a particular structure. Ex parte Pfeiffer, 1962 C.D.408"(196119
Regarding claim 14, Sim further teaches immersing the measurement specimen in the fixing jig received with the electrolyte comprises attaching a glass substrate to the measurement specimen with a double-sided adhesive tape, and immersing the measurement specimen attached to the glass substrate in the electrolyte (see para. 0036).
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) 2-8 and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Sim in view of Lim.
Regarding claims 2, 3 and 15, Sim does not explicitly teach wherein the fixing jig has a cover that seals an open portion of the receiving portion to prevent volatilization of the electrolyte in the receiving portion; however, Sim does teach wherein the tray carrying the test substrate has a lid (see para. 0086).
Additionally, Lim teaches an electrolyte solution storage container 30 comprising a retractable lid 33 (see claim 7, ‘the opening one surface includes a cover for opening and closing the opened one surface in a sliding manner’).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date to modify the device of Sim with the teaching of Lim in order to provide an appropriate cover to prevent volatilization.
Regarding claim 4, Sim further teaches wherein the receiving portion comprises a pair of second fixing sills (122, 123) protruding inwardly on opposite sides of the fixing jig, but does not explicitly teach a pair of second guide groove grooves formed between a bottom surface of each of the pair of second fixing sill sills and a bottom surface of the receiving portion, wherein the pair of second fixing sills and the pair of second guide grooves face each other in a width direction of the receiving portion, and wherein the measurement specimen slides into open ends of the pair of second guide grooves.
It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the fixing parts of Sim since applicant has not disclosed that the configuration of the instant invention solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with the configuration as taught by Sim.
Regarding claims 5 and 6, It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the fixing parts of Sim since it has been held that where the general conditions of a claim are disclosed in the prior art, discovering the optimum or working ranges involves only routine skill in the art. In re Aller, 105 USPQ 233.
Regarding claim 7, It would have been obvious to one of ordinary skill in the art before the effective filing date to modify the lid of Sim since applicant has not disclosed that the configuration of a rotating hinge solves any stated problem or is for any particular purpose and it appears that the invention would perform equally well with the slidable lid as taught by Sim.
Regarding claim 8, Sim further teaches wherein the adhesion measurement device further comprises a detector 132 that detects and displays the force interfacial adhesion that separates the electrode and the separator of the measurement specimen (see figure 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JAMEL E WILLIAMS whose telephone number is (571)270-7027. The examiner can normally be reached Monday-Thursday 10am-4pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, John Breene can be reached at (571)272-4107. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JAMEL E WILLIAMS/ Primary Examiner, Art Unit 2855
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