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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because in figure 7, the reference character “4” has been used to designate both the first rollers and the second rollers. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
Claims 1 and 8 are objected to because of the following informalities that requires appropriate corrections:
In claim 1, line 1, the limitation “comprising a feeding mechanism” should read -- comprising: a feeding mechanism --.
In claim 8, line 1-2, the limitation “for driving the winding member…a rotation direction of the winding member” should read -- for driving each winding member…a rotation direction of each winding member --.
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 limitations 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 limitations are:
A switching mechanism in claims 2-3.
A cutting blade mechanism in claim 6.
Because these claim limitations are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, they 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 these limitations interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitations to avoid 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 limitations recites sufficient structure to perform the claimed function so as to avoid them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
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.
Claim 10 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 10 limitation “after a size of the separation membrane released by said one winding member” renders the claim vague and indefinite. It is unclear what dimension or physical characteristic of the separation membrane is being defined by the term “size”. For example, is the size of the separation membrane alluding to the diameter/radius of the wound separation membrane (i.e. total wound amount of the separation membrane), the length of the separation membrane that is released by the one winding member, or the part of the separation membrane that released by the one winding member (as recited within parent claim 9)? Clarification by the application is required.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-3 and 6-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tsuchiya et al. (WIPO Patent Application/Publication WO2009/122245 A1 hereinafter referred to as “Tsuchiya”).
In regards to claim 1, Tsuchiya teach (Figures 1-7), a winding device (electrode winding apparatus 100) comprising: a feeding mechanism (supply reels 21, 22, 23, and 24) and at least two winding members (winding shafts 121 and 122); the winding device (electrode winding apparatus 100) being provided with a winding station (first position X1) and a non-winding station (second position X2); the feeding mechanism (supply reels 21, 22, 23, and 24) being used to provide an electrode sheet (strip anode 11/strip cathode 13) and a separation membrane (first strip separator 12/second strip separator 14); and each of the winding members (winding shafts 121 and 122) being movable between the winding station (first position X1) and the non-winding station (second position X2); wherein the at least two winding members (winding shafts 121 and 122) are configured to operate in the following manner: when one of the winding members (winding shaft 121) winds the electrode sheet (strip anode 11/strip cathode 13) and the separation membrane (first strip separator 12/second strip separator 14) for a preset amount of turns (i.e. a predetermined length of the strip anode 11, the first strip separator 12, the strip cathode 13, and the second strip separator 14 that are wound about the winding shaft 121) at the winding station (first position X1), said one of the winding members (winding shaft 121) moves from the winding station (first position X1) to the non-winding station (second position X2), so as to cause the separation membrane (first strip separator 12/second strip separator 14) to pass through (as clearly illustrated in figure 7) another of the winding members (winding shaft 122) moving to the winding station (first position X1); and when the another of the winding members (winding shaft 122) winds the electrode sheet (strip anode 11/strip cathode 13) and the separation membrane (first strip separator 12/second strip separator 14), the one of the winding members (winding shaft 121) releases a part of the separation membrane (end portion of the first strip separator 12/second strip separator 14 that is disposed between the cutter 133 and the winding shaft 122, after said first strip separator 12/second strip separator 14 are cut by said cutter 133) wound on said one of the winding members (winding shaft 121), so as to cause the part of the separation membrane (end portion of the first strip separator 12/second strip separator 14 that is disposed between the cutter 133 and the winding shaft 122, after said first strip separator 12/second strip separator 14 are cut by said cutter 133) released by said one of the winding members (winding shaft 121) to be wound onto said another of the winding members (winding shaft 122) (see also paragraphs 0025-0064 in the WO2009/122245 A1 provided with this office action).
In regards to claims 2-3, Tsuchiya teach all intervening claim limitations as shown above. Tsuchiya further teach (Figures 1-7), the winding device (electrode winding apparatus 100) additionally comprising a switching mechanism (turret 110 with the rotating shaft 111) that is configured to be rotatable; and the two winding members (winding shafts 121 and 122) being arranged on the switching mechanism (turret 110 with the rotating shaft 111); wherein the switching mechanism (turret 110 with the rotating shaft 111) is configured to drive each of the winding members (winding shafts 121 and 122) to move between the winding station (first position X1) and the non-winding station (second position X2).
In regards to claims 6-8, Tsuchiya teach all intervening claim limitations as shown above. Tsuchiya further teach (Figures 1-7), the winding device (electrode winding apparatus 100) additionally comprising a cutting blade mechanism (cutter 133) that is arranged between the two winding members (winding shafts 121 and 122) and used to cut-off the separation membrane (first strip separator 12/second strip separator 14), and a driver (controller 400) for driving and switching a rotation direction each of the winding members (winding shafts 121 and 122); wherein the two winding members (winding shafts 121 and 122) has the same shape and a same size (as clearly illustrated in figures 3-7 and as disclosed in paragraphs 0025-0064, the winding shafts 121 and 122 are identical in shape, size, structure, and operative functionality).
In regards to claim 9, Tsuchiya teach (Figures 1-7), a winding method (i.e. performed by the electrode winding apparatus 100) comprising: providing a separation membrane (first strip separator 12/second strip separator 14) and an electrode sheet (strip anode 11/strip cathode 13); winding the electrode sheet (strip anode 11/strip cathode 13) and the separation membrane (first strip separator 12/second strip separator 14) on one winding member (winding shaft 121) that is located at a winding station (first position X1) for a preset amount of turns (i.e. a predetermined length of the strip anode 11, the first strip separator 12, the strip cathode 13, and the second strip separator 14 that are wound about the winding shaft 121); moving said one winding member (winding shaft 121) to a non-winding station (second position X2); moving another winding member (winding shaft 122) to the winding station (first position X1), so as to cause the separation membrane (first strip separator 12/second strip separator 14) to pass through (as clearly illustrated in figure 7) said another winding member (winding shaft 122); and winding the electrode sheet (strip anode 11/strip cathode 13) and the separation membrane (first strip separator 12/second strip separator 14) on the another winding member (winding shaft 122), while the one winding member (winding shaft 121) releases a part of the separation membrane (end portion of the first strip separator 12/second strip separator 14 that is disposed between the cutter 133 and the winding shaft 122) wound thereon, so as to cause the part of the separation membrane (end portion of the first strip separator 12/second strip separator 14 that is disposed between the cutter 133 and the winding shaft 122) released by said one winding member (winding shaft 121) to be wound onto said another winding member (winding shaft 122) (see also paragraphs 0025-0064 in the WO2009/122245 A1 provided with this office action).
In regards to claim 10, Tsuchiya teach all intervening claim limitations as shown above. Tsuchiya further teach (Figures 1-7), after a size of the separation membrane (length of the portion of the first strip separator 12/second strip separator 14 that is disposed between the cutter 133 and the winding shaft 122) released by the one winding member (winding shaft 121) reaches a preset size, cutting-off (via the cutter 133) the separation membrane (first strip separator 12/second strip separator 14) between the one winding member (winding shaft 121) and the another winding member (winding shaft 122); and taking-out (via retracting the winding shafts 121 into the turret 110, as disclosed in paragraphs 0039 and 0044-0045) an electrode assembly (wound electrode body formed on the winding shaft 121 by winding a predetermined length of the strip anode 11, the first strip separator 12, the strip cathode 13, and the second strip separator 14 about the winding shaft 121) formed by the electrode sheet (strip anode 11/strip cathode 13) and the separation membrane (first strip separator 12/second strip separator 14) on said one winding member (winding shaft 121).
Claims 1-4 and 6-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yamaguchi (Japanese Patent Application/Publication JP2018052692 A).
In regards to claim 1, Yamaguchi teach (Figures 1-25), a winding device (10) comprising: a feeding mechanism (31, 41, 51, and 61) and at least two winding members (13 and 14 of 11); the winding device (10) being provided with a winding station (P1) and a non-winding station (P2); the feeding mechanism (31, 41, 51, and 61) being used to provide an electrode sheet (4 and 5) and a separation membrane (2 and 3); and each of the winding members (13 and 14) being movable between the winding station (P1) and the non-winding station (P2); wherein the at least two winding members (13 and 14) are configured to operate in the following manner: when one of the winding members (13) winds the electrode sheet (4 and 5) and the separation membrane (2 and 3) for a preset amount of turns (i.e. the winding amount of 2, 3, 4, and 5 that are required to form 1) at the winding station (P1), said one of the winding members (13) moves from the winding station (P1) to the non-winding station (P2), so as to cause the separation membrane (2 and 3) to pass through another of the winding members (14) moving to the winding station (P1); and when the another of the winding members (14) winds the electrode sheet (4 and 5) and the separation membrane (2 and 3), the one of the winding members (13) releases a part of the separation membrane (portion of 2 and 3 that is deposed between 14 and 16, when 13 is located at P2) wound on said one of the winding members (13), so as to cause the part of the separation membrane (portion of 2 and 3 that is deposed between 14 and 16, when 13 is located at P2) released by said one of the winding members (13) to be wound onto said another of the winding members (14) (see also paragraphs 0033-0169 in the translated JP2018052692 A provided with this office action).
In regards to claims 2-4, Yamaguchi teach all intervening claim limitations as shown above. Yamaguchi further teach (Figures 1-25), the winding device (10) additionally comprising a switching mechanism (12 of 11 with the drive mechanism described in paragraphs 0079-080) that is configured to be rotatable (via the drive mechanism of 12, as disclosed in paragraphs 0079-080); the two winding members (13 and 14) being arranged on the switching mechanism (12 with the drive mechanism described in paragraphs 0079-080); the switching mechanism (12 with the drive mechanism described in paragraphs 0079-080) is configured to drive (via the drive mechanism of 12) each of the winding members (13 and 14) to move between the winding station (P1) and the non-winding station (P2); a first roller (15a) and a second roller (15b) being arranged on the switching mechanism (12 with the drive mechanism described in paragraphs 0079-080); the first roller (15a) and the second roller (15b) being centrosymmetric (as clearly illustrated in figures 2 and 12-13) about a rotation axis of the switching mechanism (rotational center axis of 12); and the first roller (15a) and the second roller (15b) being used to guide the separation membrane (2 and 3) between the two winding members (13 and 14).
In regards to claims 6-8, Yamaguchi teach all intervening claim limitations as shown above. Yamaguchi further teach (Figures 1-25), the winding device (10) additionally comprising a cutting blade mechanism (16) that is arranged between the two winding members (13 and 14) and used to cut-off the separation membrane (2 and 3), and a driver (91 and the drive mechanism described in paragraphs 0079-080) for driving and switching a rotation direction each of the winding members (13 and 14); wherein the two winding members (13 and 14) has the same shape and a same size (as clearly illustrated in figures 2-3 and 9-13).
In regards to claim 9, Yamaguchi teach (Figures 1-25), a winding method (i.e. performed by 10) comprising: providing a separation membrane (2 and 3) and an electrode sheet (4 and 5); winding the electrode sheet (4 and 5) and the separation membrane (2 and 3) on one winding member (13) that is located at a winding station (P1) for a preset amount of turns (i.e. the winding amount of 2, 3, 4, and 5 that are required to form 1); moving said one winding member (13) to a non-winding station (P2); moving another winding member (14) to the winding station (P1), so as to cause the separation membrane (2 and 3) to pass through said another winding member (14); and winding the electrode sheet (4 and 5) and the separation membrane (2 and 3) on the another winding member (14), while the one winding member (13) releases a part of the separation membrane (portion of 2 and 3 that is deposed between 14 and 16, when 13 is located at P2) wound thereon, so as to cause the part of the separation membrane (portion of 2 and 3 that is deposed between 14 and 16, when 13 is located at P2) released by said one winding member (13) to be wound onto said another winding member (14) (see also paragraphs 0033-0169 in the translated JP2018052692 A provided with this office action).
In regards to claim 10, Yamaguchi teach all intervening claim limitations as shown above. Yamaguchi further teach (Figures 1-25), after a size of the separation membrane (length of the portion of 2 and 3 that is deposed between 14 and 16, when 13 is located at P2) released by the one winding member (13) reaches a preset size, cutting-off (via 16) the separation membrane (2 and 3) between the one winding member (13) and the another winding member (14); and taking-out (via the removal device, as disclosed in paragraphs 0084, 0086-0087, 0089-0090, and 0098) an electrode assembly (1) formed by the electrode sheet (4 and 5) and the separation membrane (2 and 3) on said one winding member (13).
Allowable Subject Matter
Claim 5 is 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, for the following reasons:
In regards to claim 5, Yamaguchi teach all intervening claim limitations as shown above. Yamaguchi further teach (Figures 1-7), the switching mechanism (12 with the drive mechanism described in paragraphs 0079-080) including a rotary plate (12); the two winding members (13 and 14), the first roller (15a), and the second roller (15b), all being arranged on the rotary plate (12); wherein the first roller (15a) and the second roller (15b) are positioned on two opposite sides of the rotation axis of the rotary plate (rotational center axis of 12). Yet, Yamaguchi fails to explicitly disclose, the switching mechanism (12 with the drive mechanism described in paragraphs 0079-080) additionally including a rotary drum that is arranged on the rotary plate (12), and two brackets that are fixedly attached to the two sides of such a rotary drum; where the first roller (15a) and the second roller (15b) are respectively arranged on such brackets. However, Tsuchiya does teach, the switching mechanism (110 with 111) in the winding device (100) including a rotary plate (110) and rotary drum (111) arranged on the rotary plate (110); wherein the two winding members (121 and 122) are arranged on the rotary plate (110), and the rotary drum (111) is located between said two winding members (121 and 122). Yet, Tsuchiya fails to propose, two brackets fixed onto the sides of the rotary drum (111), or a first roller and a second roller being respectively arranged on the such brackets. Moreover, Tsuchiya’s winding device does not comprise a first roller and a second roller, both having the exact structural arrangement and the operative functionality that is recited within parent claim 4. Furthermore, all other prior art of record, either individually or in combination, also fails to disclose or render obvious, a feeding mechanism, a plurality of winding members, and a switching mechanism in a winding device, all having the specific feature, relative structural configuration, and the precises functionality, that is described collectively by claims 1-5. Accordingly, claim 5 limitations appear to contain allowable subject matter over the cited prior art references; specially when said limitations are viewed in light of applicant’s specification, and when they are considered together with the superseding limitations in parent claims 1-4.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure: See the attached PTO-892 for complete list of pertinent prior art references made of record by the examiner.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to RAVEEN J DIAS whose telephone number is (571) 272-2195. The examiner can normally be reached on Monday-Thursday 8:00AM - 4:30PM, Alternate Fridays.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, VICTORIA P AUGUSTINE can be reached at (313) 446-4858. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/R.J.D./Examiner, Art Unit 3654
/Victoria P Augustine/ Supervisory Patent Examiner, Art Unit 3654
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