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 under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the guide member rotatable about a rotation axis of the guide roller in an arc along a curved surface of the guide roller (the subject matter of claim 13) 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 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 11 and 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 applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention. Claims 11 and 12 recite that the hole has any shape among a point and straight line. The structure limited by this claim is unclear. How can the shape of a hole be considered a point or a straight line?
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.
As best understood, claim(s) 1, 2, 4-8, and 10-14 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Miyaji et al. US 2011/0135405 (“Miyaji”).
Regarding claim 1, Miyaji disclosed an electrode transfer system for transferring electrode sheets that include electrode tabs formed at predetermined spacings on one side, comprising:
a guide roller (140) configured to rotate along a transfer direction of the electrode sheet, the guide roller supporting the electrode sheet; and
a tab guide unit (Figure 5) configured to blow air or suck air toward opposing electrode sheets on the guide roller, wherein the tab guide unit comprises:
a guide member (170) including at least one hole configured to allow air to flow in and out, the at least one hole extending along a curved surface of the guide roller; and
a pump unit (161/174) connected to and in communication with the at least one hole and configured to provide a suction force and a jet force to the guide member.
Regarding claim 2, Miyaji disclosed the pump unit comprises:
a jet pump (161) for blowing air; and
a suction pump (174) for sucking in air, wherein one of the at least one holes is in communicating communication with the jet pump and the suction pump is configured to blow air toward the electrode sheet, and
wherein one of the at least one holes is in communication with the suction pump and is configured to suck air toward the electrode sheet (Figures 5 and 6).
Regarding claim 4, Miyaji disclosed the at least one hole comprises:
a jet hole in communication with the jet pump; and a suction hole in communication with the suction pump (see porous member 172 in Figure 7).
Regarding claim 5, Miyaji disclosed a diameter of the suction hole (173) and a diameter of the jet hole on porous member 172, for example) are different.
Regarding claim 6, Miyaji disclosed a diameter of the suction hole and a diameter of the jet hole are substantially identical (on porous member 172).
Regarding claim 7, Miyaji disclosed the guide member includes a guide surface opposed to the guide roller, and wherein the at least one hole is in the guide surface (Figure 5).
Regarding claim 8, Miyaji disclosed the jet hole and the suction hole are intermixed and disposed on the guide surface (Figure 5).
Regarding claim 10, Miyaji disclosed the guide surface includes an arc part corresponding to the curved surface of the guide roller (Figure 5).
Regarding claim 11, Miyaji disclosed the at least one hole has any shape among of a point and or a straight line (considering the pores of the porous member to be points).
Regarding claim 12, Miyaji disclosed the at least one hole has the shape of the straight line and extends along a longitudinal or width direction of the guide member (considering the line to be situated in the plane of the face of Figure 5).
Regarding claim 13, the guide member is rotatable about a rotation axis of the guide roller in an arc along the curved surface of the guide roller. That is to say, the entire device can be rotated such that the guide member may be rotated as claimed. No further structure is required by the claim when construing the claim in view of the disclosure as a whole.
Regarding claim 14, the guide member is disposed in a positioned that may correspond to the electrode tab of the electrode sheet supported on the guide roller. See MPEP 2115.
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.
Claim(s) 3 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Miyaji. Miyaji taught the limitations of claim 1 but did not specify using a power switch. Nevertheless, it would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use a power switch configured to operate the pump unit on the guide member in order to turn on and off the unit. Power switches are entirely obvious and commonly used as a safe means to engage and disengage an electromechanical component to operate when needed.
Moreover, while Miyaji does not specify using a regulating valve disposed as claimed, Miyaji does teach using a regulating valve elsewhere (see paragraphs 0034 and 0087). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to use a regulating valve, including in the region of 173, configured to regulate a size of the at least one hole to regulate an amount of the air flowing in and out of the at least one hole in order to provide safe and precise air flow as is well known in the art.
Allowable Subject Matter
Claim 9 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.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Katou et al. US 6,572,095 teaches a similarly situated guide using suction and pumped airflow teaching at least the independent claim.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HOWARD J SANDERS whose telephone number is (571)270-3096. The examiner can normally be reached M-F 8:00-5:00.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Michael McCullough can be reached at (571) 272-7805. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/HOWARD J SANDERS/Primary Examiner, Art Unit 3653
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