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 .
DETAILED ACTION
This Non-Final office is a response to the papers filed on 12/10/2025.
Claims 54-59, 61, and 280-303 are pending, claims 62-279 are cancelled.
Response to Arguments
Applicant's arguments file on 12/10/2025 have been considered but are moot in view of the new ground(s) of rejection.
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 54-59, 61, 280-303 are rejected under 35 U.S.C. 103 as being unpatentable over Chiang et al. (US 2011/0042204 A1) in view of Wilkening at al, (Pub. No. 20110059361 A1).
Regarding claims 54, 55, 280, 281, 284, 286, 287, and 290, Chiang discloses:
An electrochemical cell management system comprising:
an electrochemical cell (see par [0008-0009], comprising at least one electrochemical cell comprising a negative electrode and a positive electrode….); and
at least one controller configured to (see par [0110-0114], the pumping rate can be varied widely by controlling the discharge rate of the electrochemical cell. In some embodiments, the discharge rate can be remotely controlled…..):
monitor at least one morphological characteristic of the electrochemical cell indicating a loss of lithium in the electrochemical cell (see par [0163], the loss of lithium may result in a small stress as well, but this stress is much less than that of the positive electrode since lithium is highly ductile near room temperature. Thus, the entire cell undergoes flexure due to the volume change of the tin layer on the electrochemical actuator comprising the positive electrode. Flexure of the cell in turn applies a pressure to a drug reservoir…., see par [0110]); and
based on the at least one monitored morphological characteristic of the electrochemical cell, control a charging rate or a discharging rate of the electrochemical cell (see par [0110-0114], which can in turn be controlled through the discharge rate of the electrochemical cell. Control of discharge can be performed by various methods such as by varying the resistance of an external circuit through which the cell discharges. External controls can include, for example, a resistor….) such that the discharging rate is increased with respect to the charging rate (see par [0178], a higher average discharge voltage than that for the preceding examples utilizing tin and lithium metal may be desirable…., see par [0110-0114]).
However, Chiang fails to disclose:
an electrochemical cell that is part of a stack of electrochemical cells;
wherein the electrochemical cell management system is configured such that an anisotropic force is applied to the stack across faces of the electrochemical cells in the stack, the anisotropic force having a component perpendicular to an electrode surface of the electrochemical cell.
Thus, Wilkening discloses:
an electrochemical cell that is part of a stack of electrochemical cells, (see Fig. 1, see par [0100], FIG. 1 illustrates an electrochemical cell arranged in a stacked configuration….);
wherein the electrochemical cell management system is configured such that an anisotropic force is applied to the stack across faces of the electrochemical cells in the stack (see par [0116-0120], while an anisotropic force is applied to the electrochemical cell (e.g., during charge and/or discharge of the cell). The magnitude of the anisotropic force may lie within any of the ranges mentioned below…..), the anisotropic force having a component perpendicular to an electrode surface of the electrochemical cell (see par [0119-0120], force which at least in part exerts itself in a direction substantially perpendicular to the surface….).
It would have been obvious to one of ordinary skill in the art at the time the invention was made to have modified actuator systems of Chiang to include an electrochemical cell that is part of a stack of electrochemical cells in order to achieving enhanced performance (see Wilkening par [0102]).
Regarding claim 56, 280, 281, and 288, Chiang discloses:
wherein the at least one morphological characteristic indicates a parasitic reaction between the lithium in the electrochemical cell and at least one other material in the electrochemical cell (see par [0110], which can in turn be controlled through the discharge rate of the electrochemical cell. Control of discharge can be performed by various methods such as by varying the resistance of an external circuit through which the cell discharges. External controls can include, for example, a resistor….).
Regarding claim 57, 282, and 289, Chiang discloses:
wherein the at least one other material in the electrochemical cell comprises part of an electrolyte of the electrochemical cell or part of a counter electrode of the electrochemical cell (see par [0123], Several types of materials can be used in actuators of the invention. For example, titanium metal may be used as an electrode material when the species is hydrogen, since titanium metal is a very good hydrogen absorption medium. Other suitable hydrogen absorption media include noble metals….).
Regarding claims 58, 280, 281, Chiang discloses:
wherein the electrochemical cell comprises metallic lithium at least one point during discharge of the electrochemical cell (see par [0132-0133], a high underpotential applied during discharge may reach potentials at which anode current collectors (such as copper) dissolve, or this may cause metallic lithium may be plated….).
Regarding claims 59, 283, Chiang discloses:
wherein the loss of lithium in the electrochemical cell comprises a loss of metallic lithium in the electrochemical cell (see par [0082], due to the loss of lithium metal from the negative electrode and formation of lithium intercalated compound or lithium alloy at the positive electrode…).
Regarding claims 61, 285, and 291, Chiang discloses:
wherein the at least one morphological characteristic of the electrochemical cell comprises a value or change in at least one of: pressure, thickness, volume, deflection, conductivity, resistance, or temperature (see par [0110-0114], which can in turn be controlled through the discharge rate of the electrochemical cell. Control of discharge can be performed by various methods such as by varying the resistance …).
Regarding claim 292, 295, 297, and 300, Wilkening discloses:
wherein the component of the anisotropic force normal to the electrode surface defines a pressure of at least 4.9 Newtons per square centimeter (see par [0093], n some cases, while an anisotropic force (e.g., defining a pressure of between about 4.9 Newtons/cm.sup.2 and about 198 Newtons/cm.sup.2, or any of the ranges outlined below) is applied to the electrochemical cell…).
Regarding claim 293 and 298, Wilkening discloses:
wherein the component of the anisotropic force normal to the electrode surface defines a pressure of at least 9.8 Newtons per square centimeter (see par [0124], of the anisotropic force normal to the anode active surface may, for example, define a pressure of at least about 4.9, at least about 9.8, at least about 24.5, at least about 49, at least about 78, at least about 98, at least about 117.6, at least about 147, at least about 175, at least about 200, at least about 225, or at least about 250 Newtons per square centimeter…).
Regarding claim 294 and 299, Wilkening discloses:
wherein a facial surface of an electrode of the electrochemical cell is substantially parallel to a corresponding facial surface of each corresponding electrode in each other electrochemical cell in the stack (see Fig. 1, see par [0100], While FIG. 1 illustrates an electrochemical cell arranged in a stacked configuration….).
Regarding claim 296 and 301, Wilkening discloses:
wherein the electrochemical cell is configured to provide power to a drive train of the vehicle (see par [0027], The porous structures described herein can be used in electrochemical cells for a wide variety of devices, such as, for example, electric vehicles,….).
Regarding claim 302, Wilkening discloses:
wherein at least about 50% of an area of an external surface of the electrochemical cell defines a uniform area, and any continuous area that covers 10% of the uniform area includes an average pressure that varies by less than about 25% relative to the average pressure across the entirety of the uniform area (see par [0057, 0061-0065], par [0115]).
Regarding claim 303, Wilkening discloses:
wherein at least about 95% of an area of an external surface of the electrochemical cell defines a uniform area, and any continuous area that covers 10% of the uniform area includes an average pressure that varies by less than about 25% relative to the average pressure across the entirety of the uniform area (see par [0057, 0061-0065], par [0115]).
Conclusion
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/BRIAN NGO/ Primary Examiner, Art Unit 2851