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 .
Double Patenting
Claims 1-2 and 4-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over Claims 1-20 of copending Application No. 19/119599 in view of Bang et al (WO2021089093 cited in IDS with reference to equivalent PGPub 2022/0393210 for ease of reference with priority to October 28, 2020) or Nakashima (PGPub 2022/0153011 cited in IDS with priority to November 18, 2020).
App. 19/119599 teaches all of the instant limitations except at least one first and one second recess are provided on the pressing surface, which extend in the longitudinal direction of the endless web and are arranged at a distance from each other that is smaller than the distance between the edge sides of the electrode extending in the longitudinal direction of the endless web.
Bang teaches an alternative laminating apparatus wherein at least one first and one second recess are provided on the pressing surface (Fig. 5- left and right wall of cavity 26), which extend in the longitudinal direction of the endless web and are arranged at a distance from each other that is smaller than the distance between the edge sides of the electrode extending in the longitudinal direction of the endless web (Fig. 5- showing niche for electrodes which is narrower than the overall membrane) in order to protect the electrode from overcompression [0058]-[0059].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of App. 16/119599 to include longitudinal recesses instead of projections that are narrower than the membrane as taught by Bang with reasonable expectation of success to protect the electrode from overcompression [0058]-[0059].
Nakashima teaches an alternative laminating apparatus wherein at least one first and one second recess are provided on the pressing surface (Fig. 6- recesses between cylindrical holding mechanisms 139 and electrode pressing portion), which extend in the longitudinal direction of the endless web and are arranged at a distance from each other that is smaller than the distance between the edge sides of the electrode extending in the longitudinal direction of the endless web (Fig. 6) in order to more stably apply tension to the film and easily form the laminated film [0062]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nathanson to include longitudinal recesses instead of projections that are narrower than the membrane as taught by Nakashima with reasonable expectation of success to more stably apply tension to the film and easily form the laminated film [0062]
This is a provisional nonstatutory double patenting rejection.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the first and second recesses extending in the longitudinal direction of the endless web and arranged at a distance from each other that is smaller than the distance between the edge sides of the electrode extending in the longitudinal direction of the endless web must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
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. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. 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
Claim 13 is objected to because of the following informalities:
Claim 13 recited “the recess(es) is or are arranged”. Consistent formatting of recitations of the recesses throughout the claims is requested.
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.
Claim 5, 8, 10, and 19 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 5 recites “the first recess, the second recess, the third recess and the fourth recess can be shaped and arranged such that they complement each other to form a recess”. This limitation is indefinite as the numbered recesses were previously recited. For examination purposes, the limitation will be interpreted as “shaped and arranged such that they complement each other to form a complementary recess”.
Claim 8 recites “one or both of the press rollers”. This limitation lacks antecedent basis as press rollers were not previously recited in Claim 8 (or in Claim 1 or 4 from which Claim 8 depends; Examiner notes press rollers were previously recited in Claim 6). For examination purposes, the limitation will be treated as if antecedent basis was properly established.
Claim 10 and 19 are also rejected by virtue of their dependency on Claim 8.
Claim Rejections - 35 USC § 103
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 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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-2, 4-11, and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Nathanson (PGPub 2019/0389193 cited in IDS) in view of Bang et al (WO2021089093 cited in IDS with reference to equivalent PGPub 2022/0393210 for ease of reference with priority to October 28, 2020).
Regarding Claim 1, Nathanson teaches a laminating apparatus (Abstract) for a multilayer endless web (Fig. 4) made up of at least one separator web ([0023]- a web of a separator) and at least one electrode ([0023]- anode and/or cathode material) for producing energy cells [0010], having a pressing device that laminates the multilayer endless web while exerting a compressive force (Figs. 5-8),
wherein the pressing device has a pressing surface with at least one recess (Fig. 7-8- modified section 725 of rollers), which is arranged such that when the compressive force is exerted via the pressing surface, it overlaps with at least one of the edges of the electrodes (Figs. 7-8).
Nathanson does not specify at least one first and one second recess are provided on the pressing surface, which extend in the longitudinal direction of the endless web and are arranged at a distance from each other that is smaller than the distance between the edge sides of the electrode extending in the longitudinal direction of the endless web.
Bang teaches an alternative laminating apparatus wherein at least one first and one second recess are provided on the pressing surface (Fig. 5- left and right wall of cavity 26), which extend in the longitudinal direction of the endless web and are arranged at a distance from each other that is smaller than the distance between the edge sides of the electrode extending in the longitudinal direction of the endless web (Fig. 5- showing niche for electrodes which is narrower than the overall membrane) in order to protect the electrode from overcompression [0058]-[0059].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nathanson to include longitudinal recesses that are narrower than the membrane as taught by Bang with reasonable expectation of success to protect the electrode from overcompression [0058]-[0059].
Regarding Claim 2, Nathanson further teaches the pressing device laminates the multilayer endless web by applying heat [0023]; [0038].
Regarding Claim 4, Nathanson further teaches the rollers may be supplied with more than one flat or concave section depending on size of the rollers, length of the materials to be compressed, spacing between components, and other characteristics and the rollers may include any number of flat sections spaced and configured to accommodate a leading edge of a segment of material to be compressed [0064] thus meeting the instant limitation of a plurality of electrodes arranged regularly at distances from each other are provided in the endless web and at least one third recess and one fourth recess are provided on the pressing surface, and the fourth recess has a smaller distance from the third recess than the length of the electrodes in the longitudinal direction of the endless web.
Regarding Claim 5, Bang further teaches supplying the niche for electrodes such that the edges of the cavity correspond to the edges of the electrode (Fig. 5) in order to protect the electrode from overcompression [0058]-[0059].
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the combination of Nathanson and Bang to include supplying the niche for electrodes such that the edges of the cavity correspond to the edges of the electrode as taught by Bang with reasonable expectation of success to protect the electrode from overcompression [0058]-[0059] thus meeting the instant limitation of the first recess, the second recess, the third recess and the fourth recess can be shaped and arranged such that they complement each other to form a recess, the shape of which corresponds to the outer edge of the electrodes.
Regarding Claim 6, Nathanson further teaches the pressing device comprises two press rollers with a circular cross section, which are arranged such that between their lateral surfaces a gap is provided through which the endless web runs (Figs. 4-8).
Regarding Claim 7, Nathanson further teaches the gap has a gap width which is smaller than the thickness of the endless web (Figs. 4-8- showing the compression of the endless web)
Regarding Claim 8, Nathanson further teaches the first recess and/or the second recess and/or the third recess and/or the fourth recess are arranged on a portion of the lateral surface of one or both of the press rollers (Figs 4-8).
Regarding Claim 9, Bang further teaches the first recess and the second recess are arranged on the edge sides of the lateral surface (Fig. 5- left and right wall of cavity 26).
Regarding Claim 10, Nathanson further teaches the third recess and the fourth recess are arranged parallel to the axes of rotation of the press rollers (Fig. 9C).
Nathanson further teaches the rollers may be supplied with more than one flat or concave section depending on size of the rollers, length of the materials to be compressed, spacing between components, and other characteristics and the rollers may include any number of flat sections spaced and configured to accommodate a leading edge of a segment of material to be compressed [0064] thus meeting the instant limitation of the third recess and the fourth recess in the spread of the arc length of the lateral surface have a distance from each other which is smaller than the length of the electrodes in the longitudinal direction of the endless web.
Regarding Claim 11 and 19, Nathanson further teaches the press rollers are arranged such that their axes of rotation are aligned parallel to each other (Figs. 4-8).
Regarding Claim 16, Nathanson further teaches the pressing device has two oppositely arranged pressing surfaces with which it comes into contact with different sides of the endless web (Figs. 4-8- see oppositely arranged rollers)
Nathanson further teaches the rollers may be supplied with more than one flat or concave section depending on size of the rollers, length of the materials to be compressed, spacing between components, and other characteristics and the rollers may include any number of flat sections spaced and configured to accommodate a leading edge of a segment of material to be compressed [0064] thus meeting the instant limitation of first recesses and/or second recesses and/or third recesses and/or fourth recesses are provided on the pressing surfaces, and the first recesses, second recesses, third recesses and/or fourth recesses of the pressing surfaces have different distances from each other and/or different depths and/or different shapes.
Regarding Claim 17, Nathanson further teaches the pressing surface is adjustable (Fig. 6- showing lifter 625).
Regarding Claim 18, Bang further teaches the pressing surface has a width which corresponds to the width of the endless web or a multiple thereof (Fig. 5).
Claims 1-2, 4-11, and 16-19 are rejected under 35 U.S.C. 103 as being unpatentable over Nathanson (PGPub 2019/0389193 cited in IDS) in view of Nakashima (PGPub 2022/0153011 cited in IDS with priority to November 18, 2020).
Regarding Claim 1, Nathanson teaches a laminating apparatus (Abstract) for a multilayer endless web (Fig. 4) made up of at least one separator web ([0023]- a web of a separator) and at least one electrode ([0023]- anode and/or cathode material) for producing energy cells [0010], having a pressing device that laminates the multilayer endless web while exerting a compressive force (Figs. 5-8),
wherein the pressing device has a pressing surface with at least one recess (Fig. 7-8- modified section 725 of rollers), which is arranged such that when the compressive force is exerted via the pressing surface, it overlaps with at least one of the edges of the electrodes (Figs. 7-8).
Nathanson does not specify at least one first and one second recess are provided on the pressing surface, which extend in the longitudinal direction of the endless web and are arranged at a distance from each other that is smaller than the distance between the edge sides of the electrode extending in the longitudinal direction of the endless web.
Nakashima teaches an alternative laminating apparatus wherein at least one first and one second recess are provided on the pressing surface (Fig. 6- recesses between cylindrical holding mechanisms 139 and electrode pressing portion), which extend in the longitudinal direction of the endless web and are arranged at a distance from each other that is smaller than the distance between the edge sides of the electrode extending in the longitudinal direction of the endless web (Fig. 6) in order to more stably apply tension to the film and easily form the laminated film [0062]
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Nathanson to include longitudinal recesses that are narrower than the membrane as taught by Nakashima with reasonable expectation of success to more stably apply tension to the film and easily form the laminated film [0062]
Regarding Claim 2, Nathanson further teaches the pressing device laminates the multilayer endless web by applying heat [0023]; [0038].
Regarding Claim 4, Nathanson further teaches the rollers may be supplied with more than one flat or concave section depending on size of the rollers, length of the materials to be compressed, spacing between components, and other characteristics and the rollers may include any number of flat sections spaced and configured to accommodate a leading edge of a segment of material to be compressed [0064] thus meeting the instant limitation of a plurality of electrodes arranged regularly at distances from each other are provided in the endless web and at least one third recess and one fourth recess are provided on the pressing surface, and the fourth recess has a smaller distance from the third recess than the length of the electrodes in the longitudinal direction of the endless web.
Regarding Claim 5, Nakashima further teaches the first recess, the second recess, the third recess and the fourth recess can be shaped and arranged such that they complement each other to form a recess, the shape of which corresponds to the outer edge of the electrodes (Fig. 5-7- showing recesses around the outer edges of the electrode).
Regarding Claim 6, Nathanson further teaches the pressing device comprises two press rollers with a circular cross section, which are arranged such that between their lateral surfaces a gap is provided through which the endless web runs (Figs. 4-8).
Regarding Claim 7, Nathanson further teaches the gap has a gap width which is smaller than the thickness of the endless web (Figs. 4-8- showing the compression of the endless web)
Regarding Claim 8, Nathanson further teaches the first recess and/or the second recess and/or the third recess and/or the fourth recess are arranged on a portion of the lateral surface of one or both of the press rollers (Figs 4-8).
Regarding Claim 9, Nakashima further teaches the first recess and the second recess are arranged on the edge sides of the lateral surface (Figs. 5-7- lateral recesses towards to edge of the membrane).
Regarding Claim 10, Nathanson further teaches the third recess and the fourth recess are arranged parallel to the axes of rotation of the press rollers (Fig. 9C).
Nathanson further teaches the rollers may be supplied with more than one flat or concave section depending on size of the rollers, length of the materials to be compressed, spacing between components, and other characteristics and the rollers may include any number of flat sections spaced and configured to accommodate a leading edge of a segment of material to be compressed [0064] thus meeting the instant limitation of the third recess and the fourth recess in the spread of the arc length of the lateral surface have a distance from each other which is smaller than the length of the electrodes in the longitudinal direction of the endless web.
Regarding Claim 11 and 19, Nathanson further teaches the press rollers are arranged such that their axes of rotation are aligned parallel to each other (Figs. 4-8).
Regarding Claim 16, Nathanson further teaches the pressing device has two oppositely arranged pressing surfaces with which it comes into contact with different sides of the endless web (Figs. 4-8- see oppositely arranged rollers)
Nathanson further teaches the rollers may be supplied with more than one flat or concave section depending on size of the rollers, length of the materials to be compressed, spacing between components, and other characteristics and the rollers may include any number of flat sections spaced and configured to accommodate a leading edge of a segment of material to be compressed [0064] thus meeting the instant limitation of first recesses and/or second recesses and/or third recesses and/or fourth recesses are provided on the pressing surfaces, and the first recesses, second recesses, third recesses and/or fourth recesses of the pressing surfaces have different distances from each other and/or different depths and/or different shapes.
Regarding Claim 17, Nathanson further teaches the pressing surface is adjustable (Fig. 6- showing lifter 625).
Regarding Claim 18, Nakashima further teaches the pressing surface has a width which corresponds to the width of the endless web or a multiple thereof (Figs. 5-7).
Allowable Subject Matter
Claims 12-15 would be allowable if rewritten to overcome the rejection(s) under the doctrine of double patenting set forth in this Office action and to include all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art to dependent Claims 12-15 is Nathanson (PGPub 2019/0389193), Bang et al (WO2021089093) and Nakashima (PGPub 2022/0153011) as set above. However, the prior art fails to teach or suggest the pressing device has at least one pressing belt which is arranged such that it comes into contact with one of the surfaces of the endless web. Further, there is no teaching or suggestion to modify the devices of Nathanson, Bang, or Nakashima to include the pressing device has at least one pressing belt which is arranged such that it comes into contact with one of the surfaces of the endless web as there is no motivation to modify the shaped rollers of Nathanson, Bang, or Nakashima to include a pressing belt. Nykopp (WO1994028239A1) teaches utilizing a pressing belt on a continuous web of material but there is no motivation to combine the belt of Nykopp with the devices of Nathanson, Bang, or Nakashima. Thus, the prior art does not teach or suggest the claimed invention.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Adrianna Konves whose telephone number is (571)272-3958. The examiner can normally be reached Monday-Friday 8:00-4:00 MST (Arizona).
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/A.K./Examiner, Art Unit 1748 6/16/26
/Abbas Rashid/Supervisory Patent Examiner, Art Unit 1748
