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 .
Election/Restrictions
Claims 59-61 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected machine and method, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 06/01/2026.
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.
Claim(s) 46-52 and 56-58 is/are rejected under 35 U.S.C. 103 as being unpatentable over Enokihara (US 2018/0221908 A1) in view of Miura et al (US 2015/0007769 A1) and Mimura et al (US 2022/0158153) and in view of any one of Toyoda et al (JP2021064486), Sato et al (JP 2021081347), or Yu et al (US 2024/0363829).
Regarding claim 46, Enokihara discloses a device for coating a web-format carrier substrate (010) with a dry film (14) made of a powdered material (004), the device comprising a first application unit [0005-0006], which comprises a first roller (11) and a second roller (12) rotating in a direction opposite the first roller during normal operation (see figure 4), and the first roller (11) and the second roller (12), in the nip between the outer cylindrical surfaces thereof, forming a first gap (TH5), through which powdered material is or can be conveyed during operation for forming a first dry film (furthermore, Applicant is reminded that apparatus claims are not limited by the material worked upon (e.g., thermal fluid), as per MPEP §2115), and comprising a first counter-pressure roller (13:12), which, together with the second roller (12) forms a second gap (KG2), through which a substrate path,
Enokihara does not explicitly disclose formed by way of a plurality of substrate steering or guide elements, for a carrier substrate to be coated leads, so as to apply, or be able to apply, the dry film that is formed in the first gap to a first side of a carrier substrate that is guided on the substrate path through the second gap. However, analogous coating art, Miura et al, discloses guide elements [0016] for the benefit of efficiently coating the system. It would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated guiding elements, taught by Miura into the device taught by Enokihara since "a person of ordinary skill has good reason to pursue the known option within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense." KSR int'l Co. v. Teleflex Inc., 127 S.Ct. 1727,82 USPQ2d 1385 (2007).
Enokihara further discloses comprising a measuring device (21-24) comprising a sensor system (21-24), but doesn’t explicitly disclose which is configured to determine a grammage of the at least one first dry film or a measure representing the grammage ,characterized in that a positioning drive is provided for adjusting the gap width of the first gap and/or for adjusting the first roller toward the second roller and a drive means rotationally driving at least the first or second roller is provided for rotationally driving the first or second roller; and that the sensor system of the measuring device, as an integral part of a control loop for controlling the grammage, has a signal connection to an open-loop and/or closed-loop control device, which is configured to vary the gap width of the first gap based on a grammage ascertained by the measuring device or the measure representing this grammage via a signal connection to the drive means of the positioning drive, and/or to vary a ratio between the circumferential speed V of the first roller and the circumferential speed V of the second roller via a signal connection to the drive means of the first or second roller.
Analogous rolling art, Mimura, discloses configured to determine a grammage of the at least one first dry film or a measure representing the grammage [0006-0020, 0056-0048, 0058, 0064, 0067-0068, 0080] characterized in that a positioning drive is provided for adjusting the gap width of the first gap and/or for adjusting the first roller toward the second roller and a drive means rotationally driving at least the first or second roller is provided for rotationally driving the first or second roller;
Further, analogous arts ,Toyoda et al. (Figures 3, 4 and 11; paragraphs [0007]-[0009], [0024]- [0035] and [0045]-[0055]), Sato et al. (Figure 4; Abstract; paragraphs [0016]-[0039]), and Yu et al. (Figures 1-7; paragraphs [0006], [0009], [0021], [0029], [0052], [0055], [0056], [0061], [0062], [0071], [0072], [0075], [0085] and [0103]) teach analogous methods and rolling devices wherein the grammage is measured at a location as claimed and wherein the process is thereby controlled based on the measured grammage as claimed to achieve a desired final grammage and thickness in the product. Therefore it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Enokihara. and any one of the secondary references and to have measured the grammage before the film material is applied to the substrate and to then control the grammage and adjust the gap/rollers as claimed in the method and device of Enokihara et al., as suggested by any one of the secondary references, for the purpose, as suggested by the references of producing an electrode sheet having a desired weight per unit area and thickness suited for its intended application. In combination, each and every limitation of the claimed method and the claimed rolling device are taught and suggested by the applied references.
Enokihar further teaches the sensor system (31-33) of the measuring device, as an integral part of a control loop for controlling the grammage, has a signal connection to an open-loop and/or closed-loop control device, which is configured to vary the gap width of the first gap based on a grammage ascertained by the measuring device or the measure representing this grammage via a signal connection to the drive means of the positioning drive [0045-0046], and/or to vary a ratio between the circumferential speed V of the first roller and the circumferential speed V of the second roller via a signal connection to the drive means of the first or second roller [0064].
Regarding claim 47, Enokihara teaches characterized in that the open-loop and/or closed-loop control device (40) has a signal connection to an open-loop and/or closed-loop control means of the drive means rotationally driving the first roller, the open-loop and/or closed-loop control means being configured to vary a circumferential speed V of the first roller in relation to the circumferential speed V of the second roller in a defined manner that is specified by the open-loop and/or closed-loop control device [0048] but Enokihara doesn’t explicitly disclose as to control the surface density to a target value or a value that is within a permitted range. However, Mimura et al. teach a control unit (Figure 1 (100)) comprising a control unit (40)) and the control unit is designed to carry out the method such that a variation in basis weight is minimized/generally controlling grammage to produce a desired electrode with appropriate setpoints. Mimura et al. do not explicitly teach the control is provided or the setpoints are achieved by measuring the grammage before the film is applied to the substrate and then subsequently controlling the process as claimed. However, each of Toyoda et al. (Figures 3, 4 and 11; paragraphs [0007]-[0009], [0024]- [0035] and [0045]-[0055]), Sato et al. (Figure 4; Abstract; paragraphs [0016]-[0039]), and Yu et al. (Figures 1-7; paragraphs [0006], [0009], [0021], [0029], [0052], [0055], [0056], [0061], [0062], [0071], [0072], [0075], [0085] and [0103]) teach analogous methods and rolling devices wherein the grammage is measured at a location as claimed and wherein the process is thereby controlled based on the measured grammage as claimed to achieve a desired final grammage and thickness in the product. Therefore it would have been prima facie obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have combined the teaching of Enokihara and any one of the secondary references, for the purpose, as suggested by the references of producing an electrode sheet having a desired weight per unit area and thickness suited for its intended application.
Regarding claim 48, Enokihara discloses characterized in that the positioning drive (shaft portion 35, claim 7, [0051] and/or Yu teaches adjustment mechanism 300 for changing the gap ([0052, 0056, 0058]) for adjusting the gap width (s115) of the first gap (see figure 3) and/or for adjusting the first roller toward the second roller, is designed as a position-based positioning drive ([0056]), that is, a positioning drive which is aimed at achieving a defined gap width (figure 3) that is to be maintained or a relative position of the rollers (11 and 12), and/or that the first gap (G2) between the first and second rollers (11 and 12) can be adjusted based on a position-based positioning drive [0129], that is, can be set to a constant and/or defined gap width (figure 3).
Regarding claim 49, Enokihara and Yu teaches characterized in that the positioning drive (Enokihara 109/ Yu adjustment mechanism 300) for adjusting the gap width of the first gap comprises a drive means (Enokihara drive motor 37) to be adjusted in a position-based manner, that is, to be controlled by open-loop or closed-loop control with respect to the position.
Regarding claim 50, Enokihara teaches characterized in that the open-loop and/or closed-loop control device (27) has a functional connection to a drive means (Mirma drive motor 37), which is comprised by the positioning drive (Yu 300) and which is configured to vary the gap width (b104) of the first gap in a defined manner that is specified by the open-loop and/or closed-loop control device so as to control the surface density (FD) to a target value (FDtarget) or a value that is within a permitted range (Yu et al. (Figures 1-7; paragraphs [0006], [0009], [0021], [0029], [0052], [0055], [0056], [0061], [0062], [0071], [0072], [0075], [0085] and [0103]).
Regarding claim 51, Enokihara discloses characterized in that a sensor system (31-33), which has a signal connection to the open-loop and/or closed-loop control device (40), for determining the gap width (S115) or a variable representing the gap width, is an integral part of an inner control loop (see figure 3) which is configured to control the gap width (see figure 3). Enokihara discloses characterized in that the positioning drive (shaft portion 35, claim 7, [0051] and/or Yu teaches adjustment mechanism 300 for changing the gap ([0052, 0056, 0058]) and Mimura, discloses measuring the grammage [0006-0020, 0056-0048, 0058, 0064, 0067-0068, 0080]. Enokihara further discloses adjusting the gap width (s115) of the first gap (see figure 3) characterized in that a positioning drive is provided for adjusting the gap width of the first gap and/or for adjusting the first roller toward the second roller and a drive means rotationally driving at least the first or second roller is provided for rotationally driving the first or second roller (figure 3 of Enokihara). Therefore the combination of Enokihara, Mimura and Yu teach the positioning drive moving toward the target gap width specified and/or varied by the control loop for controlling the grammage.
Regarding claim 52, Enokihara teaches characterized in that the drive means (shaft 35) is designed as a drive means to be adjusted in a position-based manner, that is, to be controlled by open-loop or closed-loop control with respect to the position (see figure 3 and drive means / further Yu teaches adjustment mechanism 300).
Regarding claim 56, as for characterized in that the drive means effectuating the adjusting movement engages with the two effective ends thereof indirectly or directly on the first and second rollers and is configured, by way of an actuation, to initiate a shortening of the distance between the effective ends thereof and/or, by way of the two effective ends, introduce positioning and/or tensile forces that are directed toward one another between the two rollers, the Applicant is reminded that apparatus claims are not limited by the function they perform, as per MPEP §2114. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. As the apparatus of the prior art and the claimed apparatus are patentably indistinguishable in terms of structure, the apparatus of the prior art is reasonably expected to be able to perform the claimed functionalities.
Regarding claim 57, Mimura teaches characterized in that the measuring device is arranged and configured to determine the grammage (FG) [0006-0020, 0056-0048, 0058, 0064, 0067-0068, 0080].
Regarding claim 58, Enokihara does not explicitly disclose a second application unit is provided in the substrate path, which comprises a first roller and a second roller which, in the nip between the outer cylindrical surfaces thereof, form a first gap of the second application unit used for the film formation, through which a dry powder mixture can be conveyed in order to form a second dry film; that the second roller of the second application unit or a roller of the second application unit which cooperates directly with the second roller or indirectly via one or more further rollers, as the counter-pressure roller, together with the second or further roller of the first application unit form the second gap effective as a two-sided laminating gap in order to apply the dry film formed in the respective first gap of the first and second application units to both sides of a substrate to be guided on the substrate path through the second gap, and that a positioning drive is provided for adjusting the gap width of the first gap of the second application unit and/or for adjusting the first roller of the second application unit toward the second roller of the second application unit , and a drive means rotationally driving at least the first or second roller of the second application unit is provided for rotationally driving the first or second roller of the second application unit and that the sensor system of the measuring device, as an integral part of a control loop for controlling the grammage, has a signal connection to the open-loop and/or closed-loop control device, which is configured to vary the gap width of the first gap of the second application unit based on a grammage ascertained by the measuring device or the measure representing this grammage via a signal connection to the drive means of the positioning drive, and/or to vary a ratio between the circumferential speed V of the first roller and the circumferential speed V of the second roller via a signal connection that exists indirectly or directly to the drive means driving the first or second roller of the second application unit.
However, MPEP 2144.04 VI states In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960) the court held that mere duplication of parts has no patentable significance unless a new and unexpected result is produced. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have duplicated the application to device since it has been held that a mere duplication of working parts of a device involves only routine skill in the art.
Claim(s) 53 and 55 is/are rejected under 35 U.S.C. 103 as being unpatentable over Enokihara (US 2018/0221908 A1) in view of Miura et al (US 2015/0007769 A1) and Mimura et al (US 2022/0158153) and in view of any one of Toyoda et al (JP2021064486), Sato et al (JP 2021081347), or Yu et al (US 2024/0363829), as applied to claim 46, and further in view of Mizunuma (US 2018/0345543 A1).
Regarding claim 53, Enokihara doesn’t explicitly disclose the drive means adjusting the gap width and that the cylinder-piston system is connected via a pressurized medium lines to the positioning means, which is configured to have in each case one of two chambers that are fluidically separated from one another by the piston in the cylinder interior acted on in a defined manner by an increased or decreased amount of pressurized fluid, and to have the other accordingly acted on by a decreased or increased amount of pressurized fluid, so as to displace the position of the piston viewed in the adjustment direction, in a defined manner in the cylinder depending on the inflow into and outflow out of the chambers and to maintain the position there for the time being. However, analogous art, Mizunuma, discloses the drive (51) means adjusting the gap width [abstract] and that the cylinder-piston system (51-52) is connected via a pressurized medium lines to the positioning means (c51-c52), which is configured to have in each case one of two chambers (51g 51h) that are fluidically separated from one another by the piston in the cylinder interior (see figure 2). As for acted on in a defined manner by an increased or decreased amount of pressurized fluid, and to have the other accordingly acted on by a decreased or increased amount of pressurized fluid, so as to displace the position of the piston viewed in the adjustment direction, in a defined manner in the cylinder depending on the inflow into and outflow out of the chambers and to maintain the position there for the time being, the Applicant is reminded that apparatus claims are not limited by the function they perform, as per MPEP §2114. While features of an apparatus may be recited either structurally or functionally, claims directed to an apparatus must be distinguished from the prior art in terms of structure rather than function. As the apparatus of the prior art and the claimed apparatus are patentably indistinguishable in terms of structure, the apparatus of the prior art is reasonably expected to be able to perform the claimed functionalities. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated the drive means adjusting the gap width and that the cylinder-piston system is connected via a pressurized medium lines to the positioning means, which is configured to have in each case one of two chambers that are fluidically separated from one another by the piston in the cylinder interior acted on in a defined manner by an increased or decreased amount of pressurized fluid, and to have the other accordingly acted on by a decreased or increased amount of pressurized fluid, so as to displace the position of the piston viewed in the adjustment direction, in a defined manner in the cylinder depending on the inflow into and outflow out of the chambers and to maintain the position there for the time being, as taught by Mizunuma, into the device taught by Enokihara, for the benefit of stabilizing the roll gap [0007].
Regarding claim 55, Enokihara teaches in that a drive means (37) while Mizunuma discloses settable stop means (52C) [0065] is functionally connected to the open-loop and/or closed-loop control device (52) as the drive means [0005] adjusting the gap width (abstract) or roller position, which defines an end position that delimits the adjusting movement of the first roller (22) toward the second roller (21) and is to be varied by the drive means [abstract]. Therefore, it would have been obvious to one having ordinary skilled in the art before the effective filing date of the claimed invention to have incorporated discloses settable stop means is functionally connected to the open-loop and/or closed-loop control device as the drive means adjusting the gap width or roller position, which defines an end position that delimits the adjusting movement of the first roller toward the second roller and is to be varied by the drive means as taught by Mizunuma into the device taught by the combination for Enokihara for the benefit of stabilizing the roll gap [0007].
Claim(s) 54 is/are rejected under 35 U.S.C. 103 as being unpatentable over Enokihara (US 2018/0221908 A1) in view of Miura et al (US 2015/0007769 A1) and Mimura et al (US 2022/0158153) and in view of any one of Toyoda et al (JP2021064486), Sato et al (JP 2021081347), or Yu et al (US 2024/0363829), further in view of Mizunuma (US 2018/0345543 A1) as applied to claim 53, and further in view of NPL Rextroth (2021).
Regarding claim 54, Enokihara teaches a first chamber (51g 51h) of the cylinder-piston system (51-52) for the purpose of being acted on, has a line connection to a pressurized fluid source (P), and a second chamber of the cylinder-piston system which is located on the other side of the piston is connected to a reservoir having a lower pressure level than the pressurized fluid source and a second conducting state [0059] in which the second chamber, for the purpose of being acted on, is connected to the pressurized fluid source and the first chamber is connected to the reservoir (52k) and that a positioning drive is provided, which has a signal connection to a controller (52) comprised by the open-loop and/or closed-loop control device and by way of which a switch between the switching states can be effectuated and/or a flow rate and/or a fluid pressure present on the output side can be varied in the particular conducting state [0071].
Enokihara does not explicitly disclose characterized in that the positioning means is formed by a proportional directional valve which as switching states has at least one first conducting state. However, NPL, Rextroth discloses using a proportional directional valve for the benefit of controlling the flow direction and size. Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have incorporated a proportional directional valve as taught by Rextroth into the device taught by the combination of Enokihara for the benefit of controlling the flow direction and size.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to FARAH N TAUFIQ whose telephone number is (571)272-6765. The examiner can normally be reached Monday-Friday: 8:00 am-4:30 pm.
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/FARAH TAUFIQ/ Primary Examiner, Art Unit 1754
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