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 under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. KR10-2022-0086252, filed on 07/13/2022 and Application No. KR10-2023-0009321, filed on 01/25/2023.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-10) in the reply filed on 04/17/2026 is acknowledged.
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.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 4, 7 and 8 are 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 " the electrolyte solution storage bath" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the electrolyte solution guiding means" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the electrolyte solution guiding means" in line 2. 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 and 5-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hong et al. (KR 20050098403 A, machine translation).
Considering claim 1, Hong discloses a metal foil continuous plating apparatus comprising: an electrolytic bath (8) for accommodating an electrolyte solution (page 4, 1st paragraph); a positive electrode (22) arranged inside the electrolytic bath (page 4, 1st paragraph); a negative electrode (21) arranged at a predetermined interval from the positive electrode so as to face the positive electrode (22) (page 4, 1st paragraph); and a power device for applying a current to the positive electrode and the negative electrode (page 3, 6th paragraph), wherein the electrolyte solution is supplied to one side of a space formed between the positive electrode and the negative electrode (Fig. 2), and the electrolyte solution is discharged from the other side of the space, wherein the height of the one side to which the electrolyte solution supplied is formed higher than the height of the other side so that the electrolyte solution flows through the space formed between the positive electrode (22) and the negative electrode (21) by means of a difference in potential energy between the one side and the other side, and which the electrolyte solution is passing through the space formed between the positive electrode (22) and the negative electrode (21), metal ions contained in the electrolyte solution are electro-deposited on the negative electrode, thereby forming a metal foil (page 4, 2nd paragraph).
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Considering claim 5, the electrolytic bath of Hong is capable accommodating the solution for forming an iron-nickel alloy foil, an electrolyte solution for forming a nickel foil, or an electrolyte solution for forming a copper foil. Note that the electrolyte solution is merely introduced as intended use in claim 1 therefore it is not positively recited as part of the apparatus.
Considering claim 6, Hong discloses the positive electrode (22) is formed in a plate shape having a downwardly concave arc shape; and the negative electrode (21) is formed in a drum shape having a circular cross-section (Fig. 2).
Considering claim 7, Hong discloses the electrolyte solution guiding means (23) has a flat shape inclined at a predetermined angle, or a convex shape with a predetermined curvature, and through the electrolyte solution guiding means, the entry angle of the electrolyte solution supplied to the space formed between the positive electrode and the negative electrode is adjusted.
Considering claim 8, Hong discloses on an upper side of the electrolyte solution guiding means, an auxiliary guide (flat portion of support 23) for leveling the water surface level of the electrolyte solution.
Claim(s) 1, 2, 5 and 6 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (WO 2019124791 A1, machine translation).
Considering claim 1, Yang discloses a metal foil continuous plating apparatus comprising: an electrolytic bath (11) for accommodating an electrolyte solution (page 4, 2nd last paragraph); a positive electrode (13) arranged inside the electrolytic bath (page 4, 2nd last paragraph); a negative electrode (12) arranged at a predetermined interval from the positive electrode so as to face the positive electrode (13) (page 4, 2nd last paragraph); and a power device for applying a current to the positive electrode and the negative electrode; wherein the electrolyte solution is supplied to one side of a space formed between the positive electrode and the negative electrode (Fig. 4), and the electrolyte solution is discharged from the other side of the space, wherein the height of the one side to which the electrolyte solution supplied is formed higher than the height of the other side so that the electrolyte solution flows through the space formed between the positive electrode (13) and the negative electrode (12) by means of a difference in potential energy between the one side and the other side, and which the electrolyte solution is passing through the space formed between the positive electrode (13) and the negative electrode (12), metal ions contained in the electrolyte solution are electro-deposited on the negative electrode, thereby forming a metal foil (inherently).
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Considering claim 2, Yang discloses further comprising an electrolyte solution guiding means (10) arranged to be in contact with the positive electrode (13), and guiding the electrolyte solution to be supplied at a predetermined angle and rate to the space formed between the positive electrode and the negative electrode (Fig. 4).
Considering claim 5, the electrolytic bath of Yang is capable accommodating the solution for forming an iron-nickel alloy foil, an electrolyte solution for forming a nickel foil, or an electrolyte solution for forming a copper foil. Note that the electrolyte solution is merely introduced as intended use in claim 1 therefore it is not positively recited as part of the apparatus.
Considering claim 6, Yang discloses the positive electrode (13) is formed in a plate shape having a downwardly concave arc shape; and the negative electrode (12) is formed in a drum shape having a circular cross-section (Fig. 4).
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-7 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Park et al. (US 20040159549 A1).
Considering claim 1, Park discloses a metal fibers continuous plating apparatus comprising: an electrolytic bath (10) for accommodating an electrolyte solution [0029]; a positive electrode (2) arranged inside the electrolytic bath [0029]; a negative electrode (1) arranged at a predetermined interval from the positive electrode so as to face the positive electrode (2) [0029]; and a power device (4) for applying a current to the positive electrode and the negative electrode [0032], wherein the electrolyte solution is supplied to one side of a space formed between the positive electrode and the negative electrode (Fig. 1), and the electrolyte solution is discharged from the other side of the space, wherein the height of the one side to which the electrolyte solution is supplied is formed higher than the height of the other side so that the electrolyte solution flows through the space formed between the positive electrode (2) and the negative electrode (1) by means of a difference in potential energy between the one side and the other side, and which the electrolyte solution is passing through the space formed between the positive electrode (2) and the negative electrode (1), metal ions contained in the electrolyte solution are electro-deposited on the negative electrode, thereby forming a metal fibers.
Furthermore, Park teaches that the size of metal fibers such as the width and thickness thereof can be easily adjusted by installing non-conductive patterns on the outer circumferential surface of the negative electrode member ([0010]-[0011] and Figs. 4a,b).
Park does not explicitly disclose forming metal foil.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to remove or widen the gap between the non-conductive patterns in order to form continuous metal foil instead of metal fibers, as this modification would be readily obvious to one of ordinary skill in the art. Moreover, it is apparent that Park modifies a metal foil electroforming apparatus by adding the non-conductive patterns in order to make metal fibers.
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Considering claim 2, Park discloses further comprising an electrolyte solution guiding means (8) arranged to be in contact with the positive electrode (2), and guiding the electrolyte solution to be supplied at a predetermined angle and rate to the space formed between the positive electrode and the negative electrode (Fig. 1).
Considering claim 3, Park discloses comprising an electrolyte solution storage bath for recovering the electrolyte solution (3) discharged through the space formed between the positive electrode and the negative electrode, and processing the recovered electrolyte solution (Fig. 1).
Considering claim 4, Park discloses the electrolyte solution supplied through the electrolyte solution storage bath is supplied to a lower portion of one side of the electrolyte solution guiding means (lower nozzle 8), and rises to an upper portion of the electrolyte solution guiding means, thereby being supplied to the space between the positive electrode and the negative electrode (Fig. 1).
Considering claim 5, the electrolytic bath of Park is capable accommodating the solution for forming an iron-nickel alloy foil, an electrolyte solution for forming a nickel foil, or an electrolyte solution for forming a copper foil. Note that the electrolyte solution is merely introduced as intended use in claim 1 therefore it is not positively recited as part of the apparatus.
Considering claim 6, Park discloses the positive electrode is formed in a plate shape having a downwardly concave arc shape; and the negative electrode is formed in a drum shape having a circular cross-section (Fig. 1).
Considering claim 7, Park discloses the electrolyte solution guiding means has a flat shape inclined at a predetermined angle (straight part of nozzle 8), and through the electrolyte solution guiding means, the entry angle of the electrolyte solution supplied to the space formed between the positive electrode and the negative electrode is adjusted (Fig. 1).
Considering claim 10, Park discloses a method for manufacturing a metal fibers, the method being a method for supplying an electrolyte solution between a positive electrode (2) [0029], and a negative electrode (1) arranged at a predetermined interval from the positive electrode (2) so as to face the positive electrode (1), and applying a current to the positive electrode and the negative electrode, thereby forming a metal foil on the surface of the negative electrode [0032], wherein the height of one side of a space formed between the positive electrode and the negative electrode is formed higher than the height of the other side thereof (bottom), so that the electrolyte solution flows through the space formed between the positive electrode and the negative electrode by means of a difference in potential energy between the one side and the other side, and passes through the space formed between the positive electrode and the negative electrode, during which a metal foil is formed on the surface of the negative electrode (Fig. 1).
Furthermore, Park teaches that the size of metal fibers such as the width and thickness thereof can be easily adjusted by installing non-conductive patterns on the outer circumferential surface of the negative electrode member ([0010]-[0011] and Figs. 4a,b).
Park does not explicitly disclose forming metal foil.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to remove or widen the gap between the non-conductive patterns in order to form continuous metal foil instead of metal fibers, as this modification would be readily obvious to one of ordinary skill in the art. Moreover, it is apparent that Park modifies a metal foil electroforming apparatus by adding the non-conductive patterns in order to make metal fibers.
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. as applied to claim 1 above, and further in view of Peckham (EP 0250195 A2).
Considering claim 9, Yang does not disclose a first metal foil continuous plating apparatus and a second metal foil continuous plating apparatus set forth in claim 1, wherein a first metal foil manufactured by the first metal foil continuous plating apparatus is introduced into the second metal foil continuous plating apparatus to performing plating on the first metal foil through the second metal foil continuous plating apparatus, thereby forming a second metal foil.
However, Peckham discloses two plating apparatuses first one for electroforming a metal foil and the second for electroplating on the metal foil (col. 4, lines 1-23).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to add a second cell to the apparatus of Yang, because Peckham discloses using such set up for coating an additional layer on electroform metal foil in order to form a coated composite metal foil.
Conclusion
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/WOJCIECH HASKE/Examiner, Art Unit 1794
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