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.
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 2-5, 7 and 9 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 2, lines 5-6, “a temperature of refrigerant in each of the plurality of refrigerant tubes decreases from a refrigerant tube closest to the lithium metal feeding portion to a refrigerant tube closest to the lithium metal transport portion” [emphasis added]. As currently written, “each of the plurality of rollers comprises at least one of the plurality of refrigerant tubes [are] disposed therein,” (claim 1, lines 9-10). This limitation locates the refrigerant tubes in each of the plurality of rollers within the lithium metal transport portion. Therefore, it is unclear which, if any, of the plurality of refrigerant tubes are closer to the lithium metal transport portion than the lithium metal feeding portion. According to page 13, lines 16-20 of Applicant’s Substitute Specification, “the temperature of the refrigerant may decrease as it moves toward the first refrigerant tube (300c) closest to the lithium metal cutting portion, the second refrigerant tube (300b), and the third refrigerant tube (300c) closest to the lithium metal cutting portion” [emphasis added]. For purposes of examination, claim 2, lines 5-6 will be interpreted as “a temperature of refrigerant in each of the plurality of refrigerant tubes decreases from a refrigerant tube closest to the lithium metal feeding portion to a refrigerant tube closest to the lithium metal cutting portion”; i.e., the temperature of the refrigerant in each subsequent roller decreases along a transport path of the lithium metal. Claim 3, lines 2-4, “the temperature of the refrigerant is progressively lowered from the refrigerant ube closest to the lithium metal feeding portion to the refrigerant tube closest to the lithium metal transport portion.” As previously noted, the refrigerant tubes in each of the plurality of rollers are located within the lithium metal transport portion. Therefore, it is unclear which, if any, of the plurality of refrigerant tubes are closer to the lithium metal transport portion than the lithium metal feeding portion. For purposes of examination, claim 3, lines 2-4 will be interpreted as “the temperature of the refrigerant is progressively lowered from the refrigerant ube closest to the lithium metal feeding portion to the refrigerant tube closest to the lithium metal cutting portion.” Claim 5, lines 4-5, “a temperature of the refrigerant provided in the cutting refrigerant tube is lower than or equal to a temperature of the refrigerant provided to an adjacent refrigerant tube.” As currently written, the claim term of “an adjacent refrigerant tube” is not specifically defined as being one of “plurality of refrigerant tubes [of the lithium metal transport system]” (claim 1, lines 8-9). It is unclear if Applicant intends for the recitation of “an adjacent refrigerant tube” to further limit one of the plurality of refrigerant tubes previously defined as part of the lithium metal transport system or if Applicant intends for “an adjacent refrigerant tube” to be another separate refrigerant tube along a transport path of the lithium metal from the lithium metal feeding portion to the lithium metal cutting portion. For purposes of examination, the recitation of “an adjacent refrigeration tube” will be interpreted loosely as the next closest refrigeration tube located upstream relative to the lithium metal cutting portion. Claim 7 recites, “the lithium metal feeding portion includes a winding roller for winding the lithium metal, and a refrigerant is provided into the winding roller.” As currently written, the function of winding appears to be the opposite of feeding. It is unclear what can or cannot be included within the scope of a feeding portion that instead of feeding is intended to wind the lithium metal. Claim 9 recites, “refrigerant is provided into the cutting refrigerant tube, and a temperature of the refrigerant provided to the cutting refrigerant tube is lower than or equal to a temperature of refrigerant provided to an adjacent refrigerant tube.” This limitation has the following issues: • As currently written, there is insufficient antecedent basis in the claims for “the cutting refrigerant tube.” It is unclear what can or cannot be included within the scope of claim 9 as claim 9 limits a feature which has not yet been introduced in the claims. For purposes of examination, claim 9 will be interpreted as follows, “refrigerant is provided into [[the]] --a-- cutting refrigerant tube…” • The claim term of “an adjacent refrigerant tube” is not specifically defined as being one of “plurality of refrigerant tubes [of the lithium metal transport system]” (claim 1, lines 8-9). It is unclear if Applicant intends for the recitation of “an adjacent refrigerant tube” to further limit one of the plurality of refrigerant tubes previously defined as part of the lithium metal transport system or if Applicant intends for “an adjacent refrigerant tube” to be another separate refrigerant tube along a transport path of the lithium metal from the lithium metal feeding portion to the lithium metal cutting portion. For purposes of examination, the recitation of “an adjacent refrigeration tube” will be interpreted loosely as the next closest refrigeration tube located upstream relative to the lithium metal cutting portion.
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, 6 and 8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hong et al (KR 2021-0052853), herein referred to as Hong. Regarding claim 1, Hong discloses a lithium metal cutting system (e.g., fig. 2) for negative electrodes , comprising: a lithium metal transport portion (300) for transporting a lithium metal provided from a lithium metal feeding portion (200; translation, page 2, lines 4-11; translation, page 3, lines 39-43); and a lithium metal cutting portion (100) for cutting the lithium metal transported by the lithium metal transport portion (e.g., fig. 2; translation, page 3, lines 49-50), wherein the lithium metal transport portion (300) comprises a plurality of rollers (310, 320); and a plurality of refrigerant tubes (translation, page 4, line 12), and wherein each of the plurality of rollers (310, 320) comprises at least one of the plurality of refrigerant tubes disposed therein (i.e., through “the center of the cooling rolls 310, 320,” translation, page 4, line 12). Regarding claim 6, Hong discloses at least some of the plurality of rollers (310, 320) are disposed at different heights than others (Hong refers to rollers as “upper cooling roll 310” and “lower cooling roll 320,” translation, page 3, line 44). Regarding claim 8, Hong discloses each one of the plurality of refrigerant tubes (i.e., centers of cooling rolls 310, 320) is provided with refrigerant (i.e., cooling fluid pumped from cooling fluid supply unit 350), and the refrigerants in each of the plurality of refrigerant tubes have the same temperature as each other (translation, page 3, lines 51-53, “cooling fluid supply unit 350 supplies … the cooling fluid to the upper cooling roll 310 and the lower cooling roll 320 by branching the cooling fluid supply unit 350” [emphasis added]). Hong discloses the cooling fluid flow is pumped from a single source and branches to provide a flow path to each cooling roll (310, 320; fig. 2).
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.
As best understood, claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Hong (KR 2021-0052853). Regarding claim 2, Hong discloses each of the plurality of refrigerant tubes is provided with refrigerant (i.e., cooling fluid pumped from cooling fluid supply unit 350). Hong fails to specifically disclose a temperature of refrigerant in each of the plurality of refrigerant tubes decreases from a refrigerant tube closest to the lithium metal feeding portion to a refrigerant tube closest to the lithium metal [cutting] portion (i.e., along the transport path of the lithium metal). However, on page 3, lines 53-54 of the translation, Hong notes it is also possible to separately supply cooling fluid at different temperatures to the upper cooling roll (310) and the lower cooling roll (320). Hong is capable of supplying cooling fluid to each of the cooling rollers at different temperatures; here, there are at least two possibilities: either the first upper cooling roll (310) has a higher temperature than the second lower cooling roll (320), or the first upper cooling roll (310) has a lower temperature relative to the second lower cooling roll (320). With the goal being to bring the temperature of the lithium metal workpiece down to the desired temperature at which the subsequent notching will be performed at lithium metal cutting portion (100), the two options present one having an ordinary skill in the art with a limited number of options from which to choose. It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the lithium metal cutting system of Hong such that a temperature of refrigerant in each of the plurality of refrigerant tubes decreases from a refrigerant tube closest to the lithium metal feeding portion to a refrigerant tube closest to the lithium metal [cutting] portion (i.e., along the transport path of the lithium metal) since Hong discloses the cooling fluid can be adjusted separately; there are a limited number of options with which to adjust the temperatures of the cooling rolls, and it would have been obvious to try any reasonable configuration, including a configuration in which a temperature of refrigerant in each of the plurality of refrigerant tubes decreases from a refrigerant tube closest to the lithium metal feeding portion to a refrigerant tube closest to the lithium metal [cutting] portion.
Regarding claim 3, the modified lithium metal cutting system of Hong substantially disclosed above includes the temperature of the refrigerant is progressively lowered from the refrigerant tube closest to the lithium metal feeding portion to the refrigerant tube closest to the lithium metal [cutting] transport portion (i.e., along the transport path of the lithium metal). As noted above in the 103 rejection for claim 2, Hong discloses each cooling roll can receive refrigerant at the same temperature; alternatively, Hong discloses the cooling fluid can be separately supplied at different temperatures such that: e.g., the first cooling roll can receive refrigerant at a higher temperature than the second cooling roll with the temperature decreasing along the transport path, or the first cooling roll can receive refrigerant at a lower temperature than the second cooling roll with the temperature increasing along the transport path. One having an ordinary skill in the art may find the configuration of progressively lowering the temperature of refrigerant delivered to each subsequent cooling roll to be beneficial so as to reduce the amount of thermal shock experienced by the lithium metal as the material is cooled to the target temperature for notching.
As best understood, claims 4, 5 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Hong (KR 2021-0052853) in view of Lee et al (KR 2021-0007673), herein referred to as Lee.
Regarding claim 4, Hong discloses the lithium metal cutting portion includes a cutting stage (i.e., the bottom portion of notching device 100 below transport path of lithium metal depicted in fig. 3). Hong fails to disclose a cutting refrigerant tube is disposed in the lithium metal cutting stage. However, Lee teaches it is known in the art of lithium metal cutting devices to provide a cutting device with a cutting stage (10) and a cutting blade (20). Lee teaches each of the cutting stage (10) and the cutting blade (20) are provided with their own individual refrigerant tubes (i.e., lithium temperature control member 32a in cutting stage 10 and knife temperature control member 32b in cutting blade 20). It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the lithium metal cutting device of Hong substantially disclosed above with the teaching of Lee such that a cutting refrigerant tube is disposed in the lithium metal cutting stage in order to “solve the problem of lithium metal adhering to substrates such as molds and knives” (translation, para. 0006, lines 2-3).
Regarding claim 5, the modified lithium metal cutting system of Hong substantially disclosed above includes wherein the cutting refrigerant tube is also provided with refrigerant, and a temperature of the refrigerant provided in the cutting refrigerant tube (e.g., -75° C; translation, para. 0041, line 2 of Lee) is lower a temperature of the refrigerant (e.g., cooling liquid at room temperature) provided to an adjacent refrigerant tube (e.g., one of the refrigerant tubes provided in the transport portion is more proximate to room temperature, as disclosed by Hong). Regarding claim 9, Hong fails to disclose [a] cutting refrigerant tube, and a temperature of the refrigerant provided to the cutting refrigerant tube is lower than or equal to a temperature of refrigerant provided to an adjacent refrigerant tube. However, Lee teaches it is known in the art of lithium metal cutting devices to provide a cutting device with a cutting stage (10) and a cutting blade (20). Lee teaches each of the cutting stage (10) and the cutting blade (20) are provided with their own individual refrigerant tubes (i.e., lithium temperature control member 32a in cutting stage 10 and knife temperature control member 32b in cutting blade 20). It would have been obvious to one having an ordinary skill in the art before the effective filing of the invention to modify the lithium metal cutting device of Hong substantially disclosed above with the teaching of Lee such that a cutting refrigerant tube is disposed in the lithium metal cutting stage in order to “solve the problem of lithium metal adhering to substrates such as molds and knives” (translation, para. 0006, lines 2-3).
Status of Claims Rejected Under 112 without Prior Art Rejections
It is to be noted that claim 7 has not been rejected over prior art. It may or may not be readable over the prior art but allowability cannot be determined at this time in view of the issues under 35 USC § 112.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Umehara (WO 2012/101816) discloses a cooling unit (38) that circulates coolant through metal roll (37), as shown in fig. 22.
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/SAMUEL A DAVIES/Patent Examiner, Art Unit 3724 September 5, 2026
/BOYER D ASHLEY/Supervisory Patent Examiner, Art Unit 3724
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