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 .
Status of Claims
Claims 1-20 are currently pending;
Claims 18-20 are currently withdrawn;
Claims 21-34 are canceled;
Claims 1, 4-5, and 11 are amended.
Status of Objections and Rejections Pending Since the Office Action of 11/28/2025
The claim objection of claim 1 is withdrawn in view of Applicant’s amendment;
The 112(b) rejections of claims 1-17 are withdrawn in view of Applicant’s amendment;
The 103 rejections of claims 1-17 are maintained in view of Applicant’s argument.
Response to Arguments
Applicant's arguments filed 03/30/2026 have been fully considered but they are not persuasive. In regards to Applicant’s argument that it would not have been obvious to combine Pouyadou and Sahin as the “rejection provides nothing more than an independent finding of elements in the art”, the examiner respectfully disagrees. In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
In this case, Pouyadou teaches that the battery packs consist of lithium battery cells (Pouyadou [0001]), but is silent as to the actual composition of those cells. It is then simple substitution to define the composition of the lithium battery cells with a known lithium battery cell composition in the art, such as in Sahin utilizing an LTO anode (Sahin [0043]) and a polycrystalline cathode (Sahin [0044]-[0045]). The substitution of one known element (a broadly defined lithium battery cell of Pouyadou) for another (the more specifically defined lithium battery cell of Sahin) yields predictable results to one of ordinary skill in the art of yielding lithium battery cells.
Further, the composition of Sahin provides benefits over other cell compositions such as providing a lithium-ion cell with improved safety and stability (Sahin [0040]; [0042]) and high rate capabilities for both charge and discharge (Sahin [0043]). As such, there is motivation to combine the two references.
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 1-9 and 11-17 are rejected under 35 U.S.C. 103 as being unpatentable over Pouyadou et. al. (US-20230187757-A1), hereinafter Pouyadou, in view of Sahin et al. (US-20200328416-A1), hereinafter Sahin..
Regarding claim 1, Pouyadou teaches a battery cell assembly comprising: a plurality of cell units ([0107]; fig. 2 modular battery packs BM1-BM6 are interpreted as cell units); wherein each of the cell units is connected in parallel with another cell unit ([0107]; fig. 2 each cell unit has a parallel connection); and each of the cell units is connected in series with another cell unit ([0107]; fig. 2 each cell units has a series connection); wherein each of the cell units comprises n cells connected in series ([0022] modular series-connected battery pack; [0035] the number of cells in series on a line), each of said cells comprising an anode and a cathode (a battery cell inherently contains both an anode and a cathode), wherein the n cells comprise a first end cell, a second end cell, and n - 2 middle cells interposed between the first end cell and the second end cell; and wherein n ≥ 2 ([0107]; fig. 2 shows greater than 2 n cells; [0035] number of cells on a line to be 1 to x depending on desired voltage).
Pouyadou fails to teach that the n cells having a voltage range tolerance of z% greater than a nominal operational voltage range and wherein z(n - 1) ≥ 100.
Sahin is considered analogous to the claimed invention because they are in the same field of batteries. Sahin teaches that the n cells having a voltage range tolerance of z% greater than a nominal operational voltage range ([0040]; cell has a high tolerance for overcharge and discharge, therefore has some kind of tolerance z% greater than a nominal operational voltage range), and wherein z(n - 1) ≥ 100 ([0083]. Sahin teaches that the number of cells in series can include any suitable number of cells from 1 to 50,000; given that the cells of Pouyadou are being modified to be replaced with the cells of Sahin, it would be obvious that the ceiling number “x” number of cells in series of Pouyadou (Pouyadou [0035]), would follow the number of cells able to be connected in series of Sahin in order to achieve the desired voltage. Given this, (Sahin [0040]) the cell has a high tolerance for overcharge, meaning the tolerance z% greater than a nominal operational voltage range is greater than zero. Even if the z% was just 1%, z(n-1) would still be at least 100 within the given cell range in Sahin [0083]). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Therefore, it would be obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have replaced the lithium battery cells of Pouyadou with the lithium battery cells of Sahin. Doing so provides a lithium-ion cell with improved safety and stability (Sahin [0040]; [0042]).
Regarding claim 2, modified Pouyadou teaches all of the limitations of claim 1. Pouyadou also teaches that n is 2, 3, 4, 5, 6, or 7 ([0035] 1 to x cells connected in series; fig. 3a shows an example of 4 cells). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 3, modified Pouyadou teaches all of the limitations of claim 1. Pouyadou also teaches that n is 3 or more ([0035] 1 to x cells connected in series; fig. 3a shows an example of 4 cells). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 4, modified Pouyadou teaches all of the limitations of claim 1. Pouyadou also teaches that the number of cell units connected in parallel (x) is 2 or greater (fig. 2).
Regarding claim 5, modified Pouyadou teaches all of the limitations of claim 1. Pouyadou also teaches that the number of cell units connected in series (y) is 2 or greater (fig. 2).
Regarding claim 6, modified Pouyadou teaches all of the limitations of claim 1. Modified Pouyadou also teaches that the anode, the cathode , or both comprise a current collector substrate comprising aluminum (Sahin [0068] the current collector of the anode, cathode, or both may include aluminum).
Regarding claim 7, modified Pouyadou teaches all of the limitations of claim 1. Modified Pouyadou also teaches that the anode and cathode are in a pouch cell (Sahin [0012] a cell can be in any configuration such as a pouch cell).
Regarding claim 8, modified Pouyadou teaches all of the limitations of claim 1. Modified Pouyadou also teaches a cell within said cell unit comprises a cathode, the cathode comprising a polycrystalline cathode electrochemically active material comprising the formula Li1+xMO2+y, wherein -0.9≤x≤0.3, -0.3≤y≤0.3, and wherein M comprises Ni at 80 atomic percent or higher relative to total M (Sahin [0047]), the cathode electrochemically active material comprising a non-uniform distribution of Co (Sahin [0051]); and an anode comprising an electrochemically active material with an electrochemical redox potential of at least 400 mV versus Li/Li+ (Sahin [0067] potential of LTO is above 1 volt versus Li/Li+); and wherein the cell is optionally anode limited in capacity, area or both (Sahin [0072]).
Regarding claim 9, modified Pouyadou teaches all of the limitations of claim 8. Modified Pouyadou also teaches that the anode electrochemically active material comprises an oxide of Nb, Sn, Sb, Ti, Si, or combinations thereof (Sahin [0062] the negative electrode includes a lithium titanium oxide).
Regarding claim 11, modified Pouyadou teaches all of the limitations of claim 8. Modified Pouyadou also teaches that the anode electrochemically active material comprises an oxide of Ti (Sahin [0062] the negative electrode includes a lithium titanium oxide).
Regarding claim 12, modified Pouyadou teaches all of the limitations of claim 8. Modified Pouyadou also teaches that the oxide of Ti has the formula Li 4+aTi5O12+b wherein -0.3≤a≤3.3, -0.3≤b≤0.3 (Sahin [0011]).
Regarding claim 13, modified Pouyadou teaches all of the limitations of claim 8. Modified Pouyadou also teaches the anode electrochemically active material has an electrochemical redox potential versus lithium metal of 1 Volt or greater (Sahin [0067] potential of LTO is above 1 volt versus Li/Li+).
Regarding claim 14, modified Pouyadou teaches all of the limitations of claim 8. Modified Pouyadou also teaches the cathode electrochemically active material includes a plurality of crystallites (Sahin [0047]) and a grain boundary between the plurality of crystallites (Sahin [0051]), wherein a concentration of cobalt, aluminum, or both is higher in the grain boundary than in a center of the adjacent crystallites (Sahin [0055]).
Regarding claim 15, modified Pouyadou teaches all of the limitations of claim 8. Modified Pouyadou also teaches that M in the formula Li1+xMO2+y comprises Ni and one or more metals selected from the group consisting of Mg, Sr, Co, Al, Ca, Cu, Zn, Mn, V, Ba, Zr, Ti, Cr, Fe, Mo, B, and any combination thereof (Sahin [0049]).
Regarding claim 16, modified Pouyadou teaches all of the limitations of claim 8. Modified Pouyadou also teaches that the cathode electrochemically active material comprises Ni and one or more of Mg, Co, or Al (Sahin [0049]).
Regarding claim 17, modified Pouyadou teaches all of the limitations of claim 8. Modified Pouyadou also teaches that the middle cells are absent a parallel connection (Pouyadou ([0022] modular series-connected battery pack; Pouyadou [0035] the number of cells in series on a line; fig. 2; cells are connected in series, therefore the middle cells would be absent a parallel connection).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Pouyadou in view of Sahin as applied to claim 8 above, and further in view of Yamashita et al. (US-20210083277-A1), hereinafter Yamashita.
Regarding claim 10, modified Pouyadou teaches all of the limitations of claim 8. Modified Pouyadou fails to teach that the anode electrochemically active material comprises an oxide of Nb. However, Nb as an anode electrochemically active material is common in the art.
Yamashita is considered analogous to the claimed invention because they are in the same field of batteries ([0002]). Yamashita teaches an electrode active material of a monoclinic niobium titanium composite oxide ([0046]).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have further modified Modified Pouyadou to incorporate the teachings of Yamashita and replace the anode active material with a niobium containing oxide. Doing so would improve the cycle life properties when used with an aluminum current collector (Yamashita [0057]), as is the case in the instant application.
Conclusion
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON L KYLE whose telephone number is (571)272-0164. The examiner can normally be reached Monday - Friday 9 AM - 5 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niki Bakhtiari can be reached at (571) 272-3433. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.L.K./Examiner, Art Unit 1722
/ANCA EOFF/Primary Examiner, Art Unit 1722
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