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 Objections
Claims 5 and 7 are objected to because of the following informalities:
Regarding claim 5, in line 2 of the claim, after “metal in”, please change “the” to -a-.
Regarding claim 7, in line 2 of the claim, after “along”, please change “the” to -a-.
Appropriate correction is required.
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 1-12 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 pre-AIA the applicant regards as the invention.
Regarding claim 1, the phrase “wherein the side sealing surface includes a sealing protrusion protruding from the side sealing surface” is unclear as to how the sealing protrusion protruding from the side sealing surface since the sealing protrusion protruding is a part of the side sealing surface. Therefore, the phrase renders the claim indefinite.
Regarding claim 5, there is insufficient antecedent basis for the limitation “the width direction” in line 2 of the claim. The limitation “the width direction” is unclear as to which of the first and second directions it is or a direction other than the first and second directions. Therefore, the limitation renders the claim indefinite.
Regarding claim 7, there is insufficient antecedent basis for the limitation “the third direction” in line 2 of the claim. Therefore, the limitation renders the claim indefinite.
Regarding claim 11, claim 1 recites “wherein the side sealing surface includes a sealing protrusion”. The phrase “wherein the sealing protrusion extends from the side sealing surface to the second sealing surface beyond the side sealing surface” is unclear as to how the sealing protrusion extends from the side sealing surface since the sealing protrusion is a part of the side sealing surface. According to Fig. 9 of the present application, it is unclear as to how the sealing protrusion (231, 232) extends from the side sealing surface (212) to the second sealing surface (220) beyond the side sealing surface (212). Therefore, the phrase renders the claim indefinite.
Regarding claim 12, the phrase “a direction along which pressure is applied” is unclear as to which of the first and second directions it is or a direction other than the first and second directions. Therefore, the phrase renders the claim indefinite.
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 1-7, 9, are 11-12 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim (EP 4056352, using patent family member US 20230343983 A1, both disclosed in IDS).
Regarding claim 1, Kim teaches a sealing apparatus (Kim, Title, Abstract, e.g., apparatus for sealing a pouch type battery case) comprising:
a sealing block (500) configured to seal a lead film (600) covering a lead metal (210) and a pouch (300) covering the lead film (600) (Kim, Figs. 5-12, [0076], e.g., an upper case 310 and a lower case 320 may be disposed on the upper and lower parts of the electrode lead 210 wrapped with the lead film 600, respectively; the upper sealing tool 500a is disposed on the upper part of the upper case 310, the lower sealing tool 500b is disposed on the lower part of the lower case 320, and then the upper sealing tool 500a and the lower sealing tool 500b are pressed to seal the pouch case 300, the lead film 600),
wherein the sealing block (500) includes a first sealing surface (510, 520a, 520b1) configured to seal a central portion of the lead film (600), the first sealing surface (510, 520a, 520b1) overlapping the lead metal (210) (Kim, Figs. 5-12, [0058], e.g., the central sealing part 510 corresponds to the electrode lead 210 covered by the lead film 600, and an upper surface and a lower surface of the central sealing part 510 are parallel to each other),
wherein the first sealing surface (510, 520a, 520b1) comprises:
a center sealing surface (510) extending in a first direction from a first end to a second end (Kim, Figs. 5-12, [0058], e.g., the central sealing part 510); and
a side sealing surface (520a, 520b1) positioned on each end of the center sealing surface (510) and stepped relative to the center sealing surface (510) (Kim, Figs. 5-12, [0068], e.g., sealing part 520b1 connected to sealing part 520a), and
wherein the side sealing surface (520a, 520b1) includes a sealing protrusion (520b1) protruding from the side sealing surface (520a) and extending in the first direction, the sealing protrusion (520b1) configured to prevent the lead film (600) from flowing in a second direction normal to the first direction (Kim, Figs. 5-12 (see annotated Fig. 12 below), [0068], e.g., sealing part 520b1 connected to sealing part 520a; (as shown in Figs. 11 and 12, the side sealing surface (520a, 520b1) includes a sealing protrusion (520b1) protruding from the side sealing surface (520a) and extending in the first direction, the sealing protrusion (520b1) configured to prevent the lead film (600) from flowing in a second direction normal to the first direction)).
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Regarding claim 2, Kim teaches wherein the side sealing surface (520a, 520b1) is stepped from the center sealing surface (510) such that the side sealing surface (520a, 520b1) is inclined toward a third direction normal to the first and second directions (Kim, Figs. 5-12, [0068], e.g., sealing part 520b1 connected to sealing part 520a; (as shown in Figs. 11 and 12, the side sealing surface (520a, 520b1) is stepped from the center sealing surface (510) such that the side sealing surface (520a, 520b1) is inclined toward a third direction normal to the first and second directions)).
Regarding claim 3, Kim teaches wherein the sealing block further includes: a second sealing surface (530) stepped relative to the first sealing surface (510, 520a, 520b1), the second sealing surface (530) configured to seal two end portions of the lead film (600) and the pouch (300) (Kim, Figs. 5-12, [0057], e.g., a central sealing part 510, a first sealing part 520 located on the left and right sides of the central sealing part 510, and a second sealing part 530 disposed outside the first sealing part 520; (as shown in Figs. 11 and 12, the sealing block further includes: a second sealing surface (530) stepped relative to the first sealing surface (510, 520a, 520b1), the second sealing surface (530) configured to seal two end portions of the lead film (600) and the pouch (300))).
Regarding claim 4, Kim teaches wherein the center sealing surface (510), the side sealing surface (520a, 520b1) and the second sealing surface (530) are stepped relative to each other in a sequential order in a third direction normal to the first and second directions (Kim, Figs. 5-12, [0057], e.g., a central sealing part 510, a first sealing part 520 located on the left and right sides of the central sealing part 510, and a second sealing part 530 disposed outside the first sealing part 520; (as shown in Figs. 11 and 12, the center sealing surface (510), the side sealing surface (520a, 520b1) and the second sealing surface (530) are stepped relative to each other in a sequential order in a third direction normal to the first and second directions)).
Regarding claim 5, Kim teaches wherein the side sealing surface (520a, 520b1) is configured to overlap an end area of the lead metal (210) in the width direction (Kim, Figs. 5-12, [0068], e.g., sealing part 520b1 connected to sealing part 520a; (as shown in Figs. 5 and 8, wherein the side sealing surface (520a, 520b1) is configured to overlap an end area of the lead metal (210) in the width direction)).
Regarding claim 6, Kim teaches wherein an inclined portion (520b2) extends at an angle between an end portion of the side sealing surface (520a, 520b1) and an end portion of the second sealing surface (530) (Kim, Figs. 5-12, [0068], e.g., sealing part 520b2 located outside the 1-2-1 sealing part 520b1, (as shown in Figs. 11 and 12, an inclined portion (520b2) extends at an angle between an end portion of the side sealing surface (520a, 520b1) and an end portion of the second sealing surface (530))).
Regarding claim 7, Kim teaches wherein the sealing protrusion (520a, 520b1) extends along the third direction (Kim, Figs. 5-12, [0068], e.g., sealing part 520b1 connected to sealing part 520a; (as shown in Figs. 11 and 12, the sealing protrusion (520a, 520b1) extends along the third direction)).
Regarding claim 9, Kim teaches wherein the sealing protrusion (520a, 520b1) is formed at edges of the side sealing surface (520a, 520b1) along the second direction (Kim, Figs. 5-12, [0068], e.g., sealing part 520b1 connected to sealing part 520a; (as shown in Figs. 11 and 12, the sealing protrusion (520a, 520b1) is formed at edges of the side sealing surface (520a, 520b1) (on both sides of the center sealing surface (510)) along the second direction)).
Regarding claim 11, Kim teaches wherein the sealing protrusion (520b1) extends from the side sealing surface (520a) to the second sealing surface (530) beyond the side sealing surface (520a, 520b1) (Kim, Figs. 5-12, [0057], e.g., a central sealing part 510, a first sealing part 520 located on the left and right sides of the central sealing part 510, and a second sealing part 530 disposed outside the first sealing part 520; (as shown in Figs. 11 and 12, the sealing protrusion (520b1) extends from the side sealing surface (520a) to the second sealing surface (530) beyond the side sealing surface (520a, 520b1))).
Regarding claim 12, Kim teaches wherein the sealing block (500) includes a pair of sealing blocks (500a, 500b) arranged facing each other in a direction along which pressure is applied (Kim, Figs. 11 and 12, [0076], e.g., the upper sealing tool 500a is disposed on the upper part of the upper case 310, the lower sealing tool 500b is disposed on the lower part of the lower case 320, and then the upper sealing tool 500a and the lower sealing tool 500b are pressed to seal the pouch case 300, the lead film 600).
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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 8 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (EP 4056352, using patent family member US 20230343983 A1, both disclosed in IDS).
Regarding claim 8, Kim teaches the sealing apparatus of claim 3 as disclosed above. Kim also teaches the sealing protrusion (520a, 520b1) configured to prevent the lead film (600) from flowing in a second direction normal to the first direction as disclosed in claim 1 above.
Kim does not teach wherein the sealing protrusion includes a plurality of sealing protrusions arranged at predetermined distances from each other along the second direction.
However, the mere duplication of sealing protrusion (520a, 520b1), without any new or unexpected results, is within the ambit of one of ordinary skill in the art (see MPEP § 2144.04).
Regarding claim 10, Kim teaches the sealing apparatus of claim 8 as disclosed above. Kim teaches wherein the sealing protrusions (520a, 520b1) include a first sealing protrusion (520a, 520b1) and a second sealing protrusion(520a, 520b1), the first sealing protrusion (520a, 520b1) formed at an edge of the side sealing surface (520a, 520b1) in the second direction, the second sealing protrusion (520a, 520b1) formed at an opposite edge of the side sealing surface (520a, 520b1) in the second direction (Kim, Figs. 5-12, [0068], e.g., sealing part 520b1 connected to sealing part 520a; (as shown in Figs. 11 and 12, the sealing protrusions (520a, 520b1) include a first sealing protrusion (520a, 520b1) and a second sealing protrusion(520a, 520b1), the first sealing protrusion (520a, 520b1) formed at an edge of the side sealing surface (520a, 520b1) (on one side of the central sealing part 510) in the second direction, the second sealing protrusion (520a, 520b1) formed at an opposite edge of the side sealing surface (520a, 520b1) (on the other side of the central sealing part 510) in the second direction)).
Response to Arguments
Applicant's arguments filed 12/31/2025 have been fully considered but they are not persuasive.
Applicant argues that “Kim does not disclose the sealing protrusion as required by claim 1. The Action cites the same reference numerals (520a, 520b1) in Kim to both the "side sealing surface" and the "sealing protrusion." These elements are one and the same structure in Kim, not a distinct protrusion extending from a side sealing surface as required by claim 1. The present disclosure specifically discloses that the sealing protrusion 230 is a raised ridge or bar feature that protrudes from the side sealing surface 212 in the pressure direction, serving as a distinct structural element designed to create pressure barriers that direct film flow. Further, Kim's reference numerals 520a and 520b1 merely extend in the first direction. Kim provides no disclosure, explicit or inherent, that these structures prevent lead film flow in the second direction as required by claim 1. The Action does not establish that Kim's 520a and 520b1 serve the recited function of preventing flow in the second direction normal to the first direction. Furthermore, claim 1 recites "a first sealing surface configured to seal a central portion of the lead film overlapping the lead metal," thereby defining the first sealing surface as the portion that overlaps the lead metal. As shown in Fig. 12 of Kim, only Kim's central sealing part 510 overlaps the lead metal. Accordingly, only Kim's central sealing part 510 corresponds to the "first sealing surface." Kim's sealing part 520a does not overlap the lead metal and therefore does not disclose a first sealing surface as required by claim 1. Still further, Kim's central sealing part 510 does not include a stepped structure as required by claim 1. Kim therefore fails to disclose "a side sealing surface positioned on each end of the center sealing surface and stepped relative to the center sealing surface" as recited in claim 1. The Action has not identified any disclosure in Kim of a stepped structure within the portion that overlaps the lead metal (i.e., within central sealing part 510). Moreover, a person of ordinary skill would have no motivation to introduce a stepped structure to Kim's central sealing part 510, particularly in view of Kim's disclosure that the upper and lower surfaces of central sealing part 510 are parallel to each other (Kim, [0058]).” (Remarks, Pages 7-8).
Applicant’s argument is not persuasive.
Regarding claim 1, the phrase “wherein the side sealing surface includes a sealing protrusion protruding from the side sealing surface” is unclear as to how the sealing protrusion protruding from the side sealing surface since the sealing protrusion protruding is a part of the side sealing surface.
Kim teaches wherein the side sealing surface (520a, 520b1) includes a sealing protrusion (520b1) protruding from the side sealing surface (520a) and extending in the first direction, the sealing protrusion (520b1) configured to prevent the lead film (600) from flowing in a second direction normal to the first direction (Kim, Figs. 5-12 (see annotated Fig. 12 below), [0068], e.g., sealing part 520b1 connected to sealing part 520a; (as shown in Figs. 11 and 12, the side sealing surface (520a, 520b1) includes a sealing protrusion (520b1) protruding from the side sealing surface (520a) and extending in the first direction, the sealing protrusion (520b1) configured to prevent the lead film (600) from flowing in a second direction normal to the first direction)).
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Claim 1 recites “wherein the side sealing surface includes a sealing protrusion protruding from the side sealing surface.” Therefore, the sealing protrusion protruding is a part of the side sealing surface, not a distinct feature from the side sealing surface.
As shown in the annotated Fig. 12 above, the sealing protrusion (520b1) configured to prevent the lead film (600) from flowing in a second direction normal to the first direction).
Kim teaches wherein the sealing block (500) includes a first sealing surface (510, 520a, 520b1) configured to seal a central portion of the lead film (600), the first sealing surface (510, 520a, 520b1) overlapping the lead metal (210) (Kim, Figs. 5-12, [0058], e.g., the central sealing part 510 corresponds to the electrode lead 210 covered by the lead film 600, and an upper surface and a lower surface of the central sealing part 510 are parallel to each other). Reference number 510, 520a and 520b1 together are being interpreted as a first sealing surface. Kim teaches the limitations of claim 1.
Kim teaches a side sealing surface (520a, 520b1) positioned on each end of the center sealing surface (510) and stepped relative to the center sealing surface (510) (Kim, Figs. 5-12, [0068], e.g., sealing part 520b1 connected to sealing part 520a). The arguments of center sealing surface including a stepped structure and a stepped structure within the portion of that overlaps the lead metal are not limitations of claim 1. Therefore, they are not commensurate in scope with the claim. Kim teaches the limitations of claim 1.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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/HAIXIA ZHANG/Primary Examiner, Art Unit 1723