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)(5) because they do not include the following reference sign(s) mentioned in the description: heating element (66) see paragraph 00065. 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 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 limitation(s) 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 limitation(s) is/are:
“wrapping the cell stack with a film via a device” in claim 1 wherein the corresponding structure, material, or acts described in the specification is a film application unit having two conveyor belts (Paragraphs 0062 and 0063 of the instant specification).
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/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 this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/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 limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/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.
Claims 6, 7, and 10 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 6 recites the limitation “the conveying direction of the film application unit” (Emphasis added) in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 10 recites the limitation “A device for producing an accumulator via the method according to claim 1” without setting forth any device structural limitation for carrying out the method. It is unclear what are the structural metes and bounds of the claimed subject matter of a device that performs both steps of “providing at least one cell stack that is formed by stacked single sheets” and “wrapping the cell stack with a film via a device”?
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, 2, and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Min et al. (U.S. Patent Application Publication 2013/0252069).
Regarding claim 1, Min discloses a method for producing an accumulator (accumulation of a battery cell including two or more unit cells), the method comprising: providing at least one cell stack that is formed by stacked single sheets (10); and wrapping the cell stack with a film (210) via a device (a film application unit comprising a jig 220 to wrap the top of the cell stack with the film and a wrapping plate 230 to wrap the bottom of the cell stack with the film and considered the corresponding structure, material, or acts described in the specification and equivalents thereof) (Figures 1-4 and Paragraphs 0046-0051).
Regarding claim 2, the cell stack taught by Min is wrapped with the film in an intermediate step that is performed after a step in which the single sheets are stacked to form the cell stack, and before a step in which the cell stack is placed in a cell enclosure (of a heating unit 300 see Figure 3).
Regarding claim 8, after the wrapping of the cell stack as taught by Min, the film forms a sleeve with two sleeve ends, and wherein the two sleeve ends are welded to one another via a heating element (sealing block 240).
Regarding claim 9, the film taught by Min is detached from a film web (roll of film see Figure 3) so that the film web is separated into two web sections (a first half section and a second half section), and wherein the two web sections are welded together via a heating element (at an overlapped portion).
Regarding claim 10, Min teaches a device for producing an accumulator via the method according to claim 1 (see Figure 2-4 the limitation rejected in as much as it is currently understood see the 35 U.S.C. 112(b) rejection above).
Claims 1, 3, 4, and 6-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Knoblauch (U.S. Patent Application Publication 2016/0264271).
Regarding claim 1, Knoblauch discloses a method for producing an accumulator (accumulation of a stack including two or more objects), the method comprising: providing at least one cell stack that is formed by stacked single sheets (301); and wrapping the cell stack with a film (foil 100) via a device (roller paths 201 and considered the corresponding structure, material, or acts described in the specification and equivalents thereof) (Figures 3A-3G and Paragraphs 0002-0003 and 0034-0040).
Regarding claim 3, the cell stack taught by Knoblauch is fed to a film application unit of the device for wrapping with the film, and wherein a section of the film is stretched (stretched foil) in a gate plane of an entry gate (comprising elements 203) (Figure 3C and Paragraph 0003).
Regarding claim 4, the cell stack taught by Knoblauch is moved in a conveying direction with a front side of the cell stack in front, toward the section (Figure 3C).
Regarding claim 6, the section taught by Knoblauch is stretched at the beginning of a conveyor line (roller paths 201), which extends in a/the conveying direction of the film application unit, wherein the conveyor line has two conveyor belts (as depicted in Figure 2C) that are arranged one above the other, wherein the cell stack is guided into the conveyor line, and wherein the cell stack is conveyed in the conveying direction clamped between the two conveyor belts, via which the film is folded around the cell stack (Figures 3A-3G).
Regarding claim 7, a slide (203) of the entry gate taught by Knoblauch is moved in a vertical direction as soon as a rear side of the cell stack opposite the front side passes through the gate plane so that the film is folded around the rear side of the cell stack (Figure 3E).
Regarding claim 8, after the wrapping of the cell stack as taught by Knoblauch, the film forms a sleeve with two sleeve ends, and wherein the two sleeve ends are welded to one another via a heating element (203 see Figure 3F and Paragraph 0040).
Regarding claim 9, the film taught by Knoblauch is detached from a film web (roll 103) so that the film web is separated into two web sections (a first half section and a second half section of the wrapped film and two web sections of the detached film web), and wherein the two web sections are welded together via a heating element (via two welding lines for completely enclosing the stack and reconnecting the film web) (Paragraph 0040).
Regarding claim 10, Knoblauch teaches a device for producing an accumulator via the method according to claim 1 (see Figures 2 and 3 the limitation rejected in as much as it is currently understood see the 35 U.S.C. 112(b) rejection above).
Claims 1, 2, and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Frank et al. (U.S. Patent 6,318,053).
Regarding claim 1, Frank discloses a method for producing an accumulator (accumulation of a stack including two or more sheets), the method comprising: providing at least one cell stack that is formed by stacked single sheets (10); and wrapping the cell stack with a film (foil 40) via a device (conveyor belts 50 and 60 and considered the corresponding structure, material, or acts described in the specification and equivalents thereof) (Figures 4A-4G and Column 2, lines 26-67 and Column 3, lines 1-14 and line 50 to Column 4, line 12).
Regarding claim 2, the cell stack taught by Frank is wrapped with the film in an intermediate step that is performed after a step in which the single sheets are stacked to form the cell stack, and before a step in which the cell stack is placed in a cell enclosure (pocket 70 see Figure 4e).
Regarding claim 8, after the wrapping of the cell stack as taught by Frank, the film forms a sleeve with two sleeve ends, and wherein the two sleeve ends are welded to one another via a heating element (welder terminal 35 see Figure 4d and Column 3, lines 62-66).
Regarding claim 9, the film taught by Frank is detached from a film web (roll 30) so that the film web is separated into two web sections (a first half section and a second half section), and wherein the two web sections are welded together via a heating element (at an overlapped portion).
Regarding claim 10, Frank teaches a device for producing an accumulator via the method according to claim 1 (see Figures 1 and 4 the limitation rejected in as much as it is currently understood see the 35 U.S.C. 112(b) rejection above).
Claims 1-4 and 8-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Hirata et al. (DE 4206968 and see also the machine translation submitted in the IDS filed on 8/25/2025).
Regarding claim 1, Hirata discloses a method for producing an accumulator (accumulation of a stack including two or more paper products comprising paper/sheets such as paperbacks, magazines, etc.), the method comprising: providing at least one cell stack that is formed by stacked single sheets (P); and wrapping the cell stack with a film (1) via a device (upper conveyor 11 and a lower wrapping surface and considered the corresponding structure, material, or acts described in the specification and equivalents thereof) (Figures 1, 3, and 4 and Paragraphs 0001, 0002, 0035, 0044, and 0056).
Regarding claim 2, the cell stack taught by Hirata is wrapped with the film in an intermediate step that is performed after a step in which the single sheets are stacked to form the cell stack, and before a step in which the cell stack is placed in a cell enclosure (comprising push conveyors 11 and 11a, elongated plate 50, and end sealing devices 80 see Figures 1 and 11).
Regarding claim 3, the cell stack taught by Hirata is fed to a film application unit of the device for wrapping with the film, and wherein a section of the film is stretched in a gate plane of an entry gate (comprising parts 31 and 32 or 41 and 42) (Figures 1, 3, and 4 and Paragraph 0035).
Regarding claim 4, the cell stack taught by Hirata is moved in a conveying direction with a front side of the cell stack in front, toward the section (Figure 1).
Regarding claim 8, after the wrapping of the cell stack as taught by Hirata, the film forms a sleeve with two sleeve ends, and wherein the two sleeve ends are welded to one another via a heating element (Figure 3 or 4).
Regarding claim 9, the film taught by Hirata is detached from a film web (roll) so that the film web is separated into two web sections (a first half section and a second half section), and wherein the two web sections are welded together via a heating element (at an overlapped portion).
Regarding claim 10, Hirata teaches a device for producing an accumulator via the method according to claim 1 (see Figures 1 and 4 the limitation rejected in as much as it is currently understood see the 35 U.S.C. 112(b) rejection above).
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.
Claims 1-4 and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Min in view of Hirata and optionally further Frank and/or Knoblauch.
Regarding claims 1 and 3, Min (described above in full detail) discloses a method for producing an accumulator (accumulation of a battery cell including two or more unit cells), the method comprising: providing at least one cell stack that is formed by stacked single sheets (10); and wrapping the cell stack with a film (210) via a film application unit of a device. Min teaches the cell stack is fed to the film application unit of the device for wrapping with the film without expressly teaching a section of the film is stretched in a gate plane of an entry gate. It is well understood by one of ordinary skill in the art to wrap a cell stack with a film via a conveying type device including a gate plane of an entry gate as evidenced by Hirata (described above in full detail) and optionally further Frank (described above in full detail and see further entry gate 34, 35 of Figures 4a-4g) and/or Knoblauch (described above in full detail) and including as expressly taught by Hirata the device carries out an automatic wrapping method which does not require complicated operations increasing wrapping output and including a section of the film is stretched in the gate plane of the entry gate and taut (avoiding wrinkles) (Paragraphs 0035, 0039, and 00056). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention wrapping the cell stack with a film via a device as taught by Min is via a conveying type device (and considered the corresponding structure, material, or acts described in the specification and equivalents thereof) including a gate plane of an entry gate as evidenced by Hirata and optionally further Frank and/or Knoblauch not only as simple substitution of one known device for another to yield predictable results but carries out an automatic wrapping method which does not require complicated operations increasing wrapping output and including a section of the film is stretched in the gate plane of the entry gate and taut (avoiding wrinkles).
Regarding claim 2, the cell stack taught by Min as modified by Hirata and optionally further Frank and/or Knoblauch is wrapped with the film in an intermediate step that is performed after a step in which the single sheets are stacked to form the cell stack, and before a step in which the cell stack is placed in a cell enclosure (of a heating unit 300 see Figure 3).
Regarding claim 4, the cell stack taught by Min as modified by Hirata and optionally further Frank and/or Knoblauch is moved in a conveying direction with a front side of the cell stack in front, toward the section (see Hirata, Frank including Figures 4a-4g, and Knoblauch described above in full detail).
Regarding claim 8, after the wrapping of the cell stack as taught by Min as modified by Hirata and optionally further Frank and/or Knoblauch, the film forms a sleeve with two sleeve ends, and wherein the two sleeve ends are welded to one another via a heating element (see Min, Hirata, Frank, and Knoblauch described above in full detail).
Regarding claim 9, the film taught by Min as modified by Hirata and optionally further Frank and/or Knoblauch is detached from a film web (roll) so that the film web is separated into two web sections (a first half section and a second half section), and wherein the two web sections are welded together via a heating element (at an overlapped portion) (see Min, Hirata, Frank, and Knoblauch described above in full detail).
Regarding claim 10, Min as modified by Hirata and optionally further Frank and/or Knoblauch teaches a device for producing an accumulator via the method according to claim 1 (see Min, Hirata, Frank, and Knoblauch described above in full detail the limitation rejected in as much as it is currently understood see the 35 U.S.C. 112(b) rejection above).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Min in view of Woehrle et al. (U.S. Patent Application Publication 2017/0062776). Additionally, claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Min and Hirata and optionally further Frank and/or Knoblauch as applied to claims 1-4 and 8-10 above, and further in view of Woehrle.
Regarding claim 2, the following is an alternative rejection to those set forth above. It is well understood by one of ordinary skill in the art the wrapped cell stack (58, 30) is placed in a cell enclosure (12) to form an electrical energy storage cell as evidenced by Woehrle (Figure 6 and Abstract and Paragraph 0057). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the cell stack taught by Min and Min as modified by Hirata and optionally further Frank and/or Knoblauch is wrapped with the film in an intermediate step that is performed after a step in which the single sheets are stacked to form the cell stack, and before a step in which the cell stack is placed in a cell enclosure as it is well understood by one of ordinary skill in the art to place the wrapped cell stack in a cell enclosure as evidenced by Woehrle to form an electrical energy storage cell.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Min and Hirata and optionally further Frank and/or Knoblauch as applied to claims 1-4 and 8-10 above, and further in view of KR 10-1820442 (see also the machine translation).
Regarding claim 5, Min as modified by Hirata and optionally further Frank and/or Knoblauch above teach all of the limitations in claim 5 except for a specific teaching the section is moved in a vertical direction as soon as the front side of the cell stack reaches the stretched section so that projecting separator ends of the cell stack are bent over in the vertical direction. Min teaches projecting separator ends of the cells stack that bend when pressed to a surface (see Figure 2) so that Min as modified by Hirata and optionally further Frank and/or Knoblauch teach when the front side of the cell stack reaches the stretched section the projecting separator ends of the cell stack are bent over in the vertical direction. It is well understood by one of ordinary skill in the art to move the section in a vertical direction when the front side of the cell stack reaches the section so that the projecting separator ends of the cell stack are bent over in the vertical direction uniformly as taught by KR 10-1820442 (Figures 8 and 9 and Pages 4 and 5 of the machine translation). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the section taught by Min as modified by Hirata and optionally further Frank and/or Knoblauch is moved in a vertical direction as soon as the front side of the cell stack reaches the stretched section so that the projecting separator ends of the cell stack are bent over in the vertical direction uniformly as taught by KR 10-1820442.
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Min and Hirata and optionally further Frank and/or Knoblauch as applied to claims 1-4 and 8-10 above, and further in view of Frank and/or Knoblauch.
Regarding claims 6 and 7, the section taught by Min as modified by Hirata and optionally further Frank and/or Knoblauch is stretched at the beginning of a conveyor line, which extends in a/the conveying direction of the film application unit, wherein the conveyor line has at least one conveyor and lower surface (upper conveyor 11 and a lower wrapping surface as depicted in Figure 1 of Hirata) that are arranged one above the other, wherein the cell stack is guided into the conveyor line, and wherein the cell stack is conveyed in the conveying direction clamped between the at least one conveyor and lower surface, via which the film is folded around the cell stack and (regarding claim 7) a slide of the entry gate (32 or 41 of Hirata) is moved in a vertical direction as soon as a rear side of the cell stack opposite the front side passes through the gate plane so that the film is folded around the rear side of the cell stack. Min as modified by Hirata and optionally further Frank and/or Knoblauch do not expressly teach the conveyor line has at least two conveyor belts. It is well understood by one of ordinary skill in the art the conveyor line has at least two conveyor belts as evidenced by Frank (50, 60 of Figure 1) and/or Knoblauch (described above in full detail). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the conveyor line as taught by Min as modified by Hirata and optionally further Frank and/or Knoblauch has two conveyor belts as a simple substitution of one known conveying and folding for a conveyor line for another to yield predictable results as evidenced by Frank and/or Knoblauch.
Claims 6 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Hirata in view of Frank and/or Knoblauch.
Hirata is described above in full detail.
Regarding claims 6 and 7, the section taught Hirata is stretched at the beginning of a conveyor line, which extends in a/the conveying direction of the film application unit, wherein the conveyor line has at least one conveyor and lower surface (upper conveyor 11 and a lower wrapping surface as depicted in Figure 1 of Hirata) that are arranged one above the other, wherein the cell stack is guided into the conveyor line, and wherein the cell stack is conveyed in the conveying direction clamped between the at least one conveyor and lower surface, via which the film is folded around the cell stack and (regarding claim 7) a slide of the entry gate (32 or 41 of Hirata) is moved in a vertical direction as soon as a rear side of the cell stack opposite the front side passes through the gate plane so that the film is folded around the rear side of the cell stack. Hirata does not expressly teach the conveyor line has at least two conveyor belts. It is well understood by one of ordinary skill in the art the conveyor line has at least two conveyor belts as evidenced by Frank (50, 60 of Figure 1) and/or Knoblauch (described above in full detail). It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention the conveyor line as taught by Hirata has two conveyor belts as a simple substitution of one known conveying and folding for a conveyor line for another to yield predictable results as evidenced by Frank and/or Knoblauch.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JOHN L GOFF II whose telephone number is (571)272-1216. The examiner can normally be reached 7:30 AM - 4:00 PM EST Monday - Friday.
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/JOHN L GOFF II/Primary Examiner, Art Unit 1746
