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 .
Election/Restrictions
Applicant’s election without traverse of Group I (Claims 35-39 and 42-51) in the reply filed on October 10th, 2025 is acknowledged. Claims 52-70 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim.
Response to Amendment
In response to the amendments received on October 10th, 2025:
Claims 35-39 and 42-70 are pending in the current application. Claims 35-36, 38-39, 42-43, 45-55, and 57-64 are amended. Claims 40-41 are cancelled. Claims 69-70 are newly added. Claims 52-70 are withdrawn.
Claim 35 is amended to further describe the auxiliary electrode and the relationship between the carrier ion supply layer and the conductive cover. Also, the electrode assembly and a stacking axis is further described.
Claims 36, 45-48, and 51 are amended to include minor changes to improve clarity and/or remove limitations.
Claim 38 is amended to recite “the device is configured for transferring the carrier ions at least in part by using a controlled temperature.”
Claim 39 is amended to recite “the device is configured for fabrication at least in part by using controlled pressure.”
Claim 42 is amended to recite “the electrode assembly is of a secondary battery.”
Claim 43 is amended to recite “the conductive cover comprises an elemental metal or a metal alloy.”
Claims 49-50 are amended to adjust dependency.
Support or antecedent basis for the amendment to Claims 35, 38-39, 43, 45, and 49 is not clearly found (see objections/rejections below).
Priority
Applicant’s claim of domestic priority to provisional application 63/216,656 is acknowledged.
Information Disclosure Statement
The information disclosure statements (IDS)’s submitted on 12/02/2022, 01/05/2023, 01/25/2024, and 06/23/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Specification
The specification is objected to as failing to provide proper antecedent basis for the claimed subject matter. See 37 CFR 1.75(d)(1) and MPEP § 608.01(o). Correction of the following is required:
Claims 35, 43, 45, and 49 are amended to modify a “conductive layer” to recite a “conductive cover.” Support or proper antecedent basis is not clearly found in the specification.
Claim 35 recites "a first carrier ion supply layer being configured to operatively couple with a first region of the first major surface," and "a second carrier ion supply layer configured to operatively couple with a second region of the second major surface." As the specification does not recite similar claim language nor "operatively couple," it is unclear where support and antecedent basis can be found for the recited limitations.
Claim 38 recites “the device is configured for transferring the carrier ions at least in part by using a controlled temperature.” As the specification does not recite similar claim language, it is unclear where support and antecedent basis can be found for the recited limitations.
Claim 39 recites “the device is configured for fabrication at least in part by using controlled pressure.” As the specification does not recite similar claim language, it is unclear where support and antecedent basis can be found for the recited limitations.
The specification must provide clear support or antecedent basis for the claim limitations. Appropriate correction is required.
Claim Objections
Claim 35 is objected to because of the following informalities: Claim 35 recites "a second carrier ion supply layer configured to operatively couple with a second region of the second major surface." It appears that correction should be made to recite "a second carrier ion supply layer configured to operatively couple with a second region of the first major surface." As the specification does not provide proper antecedent basis for the claim language including the term "operatively couple," it is unclear where support can be found regarding the recited limitations. However, support can be found for a first and second carrier ion supply covering a first major surface (Specification, para. 255) (see rejection under 35 USC § 112 below). Applicant should clearly point out where support is found for the recited limitations. Appropriate correction is required.
Claim 35 is objected to because of the following informalities: failure to separate multiple elements by line indentation as required by 37 C.F.R. 1.75(i) & M.P.E.P. § 608.01(m). For example, Claim 35 includes multiple elements separated by (a), (b), (c), (A), and (B). Further including line indentations would reduce the complexity of the claim format and improve readability. Appropriate correction is required.
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 35-39 and 42-51 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 35 recites "a first carrier ion supply layer being configured to operatively couple with a first region of the first major surface," and "a second carrier ion supply layer configured to operatively couple with a second region of the second major surface." The recited limitations render the claim indefinite because the claim is inconsistent with the applicant's disclosure (see MPEP 2173.03). As the specification does not provide proper antecedent basis for the recited limitations including the term "operatively couple," the scope of the claim is uncertain.
Applicant’s disclosure supports the first and second carrier ion supply layers being formed on the same surface or a first major surface rather than on opposing surfaces (para. 255, Fig. 10); there is no support found for the second carrier ion supply layer configured to operatively couple with a second major surface. Specifically, the specification recites "the first carrier ion supply layer covering the first region of the first major surface and the second carrier ion supply layer covers the second region of the first major surface" (para. 255) in which appears to provide support for a second carrier ion supply layer configured to operatively couple with a second region of the first major surface (rather than a second major surface). However, this is not clear due to the differing claim language between the claims and specification.
Further, Claim 35 recites “ the third region being disposed along a Y-axis.” However, the applicant’s disclosure does not sufficiently define an X-axis, Y-axis, and Z-axis in a manner that lacks ambiguity. In Figure 7, the third region is disposed along a Y-axis. In Figure 6, based on the orientation of the auxiliary electrode 502, the third region is rather located along an X-axis and Z-axis. Additionally, Claim 35 further recites “the stacking axis being along the Y axis.” Based on Figure 6, the stacking axis is along a Y-axis. However, in Figure 7, the stacking axis rather corresponds to an X-axis. The specification should serve as a glossary of the terms used in the claims (see MPEP 2173.03). Applicant should address the axis direction and the figures in which should be relied upon for interpretation of each recitation of the “Y-axis.”
Regarding Claim 38, the amended claim language recites “the device is configured for transferring the carrier ions at least in part by using a controlled temperature.” The limitation is rendered indefinite as the scope of the claim is uncertain based on inconsistency with the specification and prior art. The recited claim language is vague and the specification does not provide antecedent basis for said language. For example, it is unclear if the claim language encompasses temperature control during fabrication and/or operation. A skilled artisan would look for clarification in applicant’s disclosure to determine the scope of said limitations (see MPEP 2173.03). However, applicant’s disclosure does not provide further clarification.
Applicant should clearly point out where support is found for the recited limitations and ensure consistency between the claim language and specification. Appropriate correction is required.
Claims 36-39 and 42-51 are rejected as being dependent upon a rejected base claim.
Claim Interpretation
Regarding Claim 35, the auxiliary electrode (502) has a different orientation in the drawings such as in Figures 6 and 7 of applicant’s disclosure in which the positioning of components relative to the X and Y-axis varies and depends on the figure observed. Claim 35 recites “ the third region being disposed along a Y-axis.” In this case, the Y-axis is interpreted as defined in Figure 7 of applicant’s disclosure. In Figure 6, based on the orientation of the auxiliary electrode 502, the third region is located along an X-axis and Z-axis rather than a Y-axis. Claim 35 further recites “the stacking axis being along the Y axis.” In this case, the Y-axis is interpreted as defined in Figure 6 of applicant’s disclosure. In Figure 7, the stacking axis would correspond to an X-axis, rather than a Y-axis.
Further, Claim 35 recites "a second carrier ion supply layer configured to operatively couple with a second region of the second major surface" (emphasis added). As there are inconsistencies between the claim language and specification, Claim 35 is interpreted to recite "a second carrier ion supply layer configured to operatively couple with a second region of the first major surface" (emphasis added) based on the support found in the specification and figures.
Claim 35 recites “a conductive cover” as amended in which the specification does not provide antecedent basis. The “conductive cover” is interpreted as the “conductive layer” of the specification.
Claim Rejections - 35 USC § 102
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 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 35-36, 38, 43-48, and 50-51 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Abe et al. (U.S. Pat. No. 20170155167 A1).
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Regarding Claim 35, Abe et al. teaches a device 30 (third electrode) for transferring carrier ions (doping Li ions) to a battery electrode assembly (body) the device comprising (Fig. 4, para. 17):
an auxiliary electrode 30 (third electrode, para. 105) comprising
(a) a conductive cover 32 (current collector) (para. 105, Fig. 4) having a first major surface (interior surface of the “C” shaped auxiliary electrode) opposing a second major surface (exterior surface of the “C” shaped auxiliary electrode) along a Y axis direction, the first major surface having a first surface area (solid regular shaped structure inherently possessing a surface area), the second major surface having a second surface area, the conductive cover being electrically conductive (copper foil) (para. 111)
(b) a first carrier ion supply layer 33 (Li supply source) being configured to be in contact with or operatively couple with a first region of the first major surface and (c) a second carrier ion supply layer 33 configured to be in contact with or operatively couple with a second region of the first major surface (located on an interior side of the folded current collector in the area indicated by the dotted line shown in Fig. 4) (para. 105); the Li supply source is cut, pressed, and adhered to a surface corresponding to a first and second region of a first major surface (see annotated Fig. 4, para. 111-112)
each of the first carrier ion supply layer and the second carrier ion supply layer, comprising a supply material (lithium) that supplies carrier ions (lithium ions) for the electrode assembly (para. 109)
the first carrier ion supply layer covers the first region of the first major surface and the second carrier ion supply layer covers the second region of the first major surface (see annotated Fig. 4)
the first region and the second region being separated by a third region of the conductive cover 32 (see annotated Fig. 4)
(It is within the level of one of ordinary skill in the art to rotate figures of the prior art in which the auxiliary electrode and other components are arranged with respect to a Y axis as defined by the applicant’s disclosure).
the third region extending between the first region and the second region and the third region being disposed along a Y-axis when oriented as shown in applicant’s Figure 7 (see annotated Fig. 4) such that
(A) the first region and the second region are substantially parallel (see Fig. 4)
(B) the third region is substantially perpendicular to the first region and to the second region (see Fig. 4)
the electrode assembly (body) comprising an electrode (positive electrode) separated from a counter-electrode (negative electrode) via a separator (para. 17), the electrode being stacked along a stacking axis with the counter-electrode, in which the stacking axis can be considered along a Y-axis [AltContent: textbox (Abe et al. (Fig. 5))]
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when oriented in a manner similar to Figure 6 of applicant’s disclosure (para. 102, see annotated Fig. 5).
Regarding Claim 36, Abe et al. teaches all claim limitations as applied to Claim 35 above. Abe et al. teaches the Li foil cut, pressed, and adhered to surfaces of the conductive cover (copper foil) and folded into a C shape in which a first perimeter of the first carrier ion supply layer (first Li foil layer) substantially aligns with a second perimeter of the second carrier ion supply layer (second Li foil layer) (see the solid and dashed rectangular outline defining a border or perimeter of the carrier ion supply layers 33) (para. 134, Fig. 4).
Regarding Claim 38, Abe et al. teaches all claim limitations as applied to Claim 35 above. As applied to Claim 35, Abe et al. teaches a device 30 (third electrode) for transferring carrier ions (doping Li ions) to a battery electrode assembly (body) (Fig. 4, para. 17). A lithium ion secondary battery comprising said device in which is configured for transferring the carrier ions at least in part by using a controlled temperature (subjected to a constant temperature bath at 45° C) (para. 157).
Regarding Claim 43, Abe et al. teaches all claim limitations as applied to Claim 35 above. Abe et al. teaches the conductive cover (current collector) comprises an elemental metal (copper or nickel) (para. 111).
Regarding Claim 44, Abe et al. teaches all claim limitations as applied to Claim 35 above. Abe et al. teaches that the first carrier ion supply layer 33 and the second carrier ion supply layer 33 comprise a source of lithium ions (para. 19, 111).
Regarding Claim 45, Abe et al. teaches all claim limitations as applied to Claim 35 above. Abe et al. teaches that the device further comprises a conductive tab 31 comprising a material that is electrically conductive, the conductive tab being part of the conductive cover (current collector) (para. 105, 112).
Regarding Claim 46, Abe et al. teaches all claim limitations as applied to Claim 35 above. Abe et al. teaches that the electrode assembly can include an active material comprising silicon (para. 4).
Regarding Claim 47, Abe et al. teaches all claim limitations as applied to Claim 35 above. Abe et al. teaches that the device comprises an enclosure (housing formed by an aluminum laminate film) closing the auxiliary electrode (third electrode) and the battery electrode assembly (stacked body) (para. 137-138).
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Regarding Claim 48, Abe et al. teaches all claim limitations as applied to Claim 47 above. Abe et al. teaches that the electrode assembly comprises the electrode (positive electrode) separated from the counter-electrode (negative electrode) by a separator disposed in the enclosure (para. 17, 137-138). The electrode assembly has electrical terminals 103 and 104 extending from a perimeter of the enclosure (Fig. 7).
Regarding Claim 50, Abe et al. teaches all claim limitations as applied to Claim 47 above. Abe et al. teaches that the enclosure 101 (aluminum laminate film exterior body) comprising two sheets forming a first enclosure layer and a second enclosure layer (para. 140. Fig. 8).
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Regarding Claim 51, Abe et al. teaches all claim limitations as applied to Claim 50 above. Abe et al. teaches that the auxiliary electrode (third electrode) and the electrode assembly (positive electrode, negative electrode, separator) are disposed within a structure analogous to a pouch formed by coupling the first enclosure layer (first aluminum laminate film) and the second enclosure layer (second aluminum laminate film) (Fig. 8, para. 140-141).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim 37 is rejected under 35 U.S.C. 103 as being unpatentable over Abe et al. (U.S. Pat. No. 20170155167 A1).
Regarding Claim 37, Abe et al. teaches all claim limitations as applied to Claim 35 above. Abe et al. teaches folding the copper foil (conductive cover) into a C shape and adhering Li foil sheets forming carrier ion supply layers to both interior ends (para. 134, Fig. 4). The folded conductive cover comprises a portion equivalent to a third region parallel to the electrode body (plurality of electrode sheets and separators) (see annotated Fig. 4). The first and second carrier ion supply layers are perpendicular to the third region and in electrical connection with the negative electrodes to dope Li ions (para. 17-18, 105-106, see Figs. 4-5). Abe et al. does not explicitly disclose a combined surface area of the first carrier ion supply layer and the second carrier ion supply layer greater than a surface area of the third region. However, Abe et al. provides parameters such as the size of the copper foil current collector, thickness and mass of the lithium foil, “C” folding configuration, number of electrode sheets, and more (para. 134) in which allow one of ordinary skill in the art to determine a suitable surface area.
Accordingly, it is within the level of one of ordinary skill in the art to modify the size of the lithium foil sheets and inherently the surface area. Further, the size of the third region depends on factors such as the size of the electrode assembly (positive/negative electrodes and separators). A change in size/proportion is generally recognized as being within the level of ordinary skill the art. In re Rose, 220 F.2d 459, 105 USPQ 237 (CCPA 1955). “Where the only difference between the prior art and the claims is a recitation of relative dimensions of the claimed device, and the device having the claimed dimensions would not perform differently than the prior art device, the claimed device is not patentably distinct from the prior art device, Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984)” (see MPEP 2144.04(IV)(A)). It is well known in the art that a large surface area of the carrier ion supply layer (lithium foil) can improve lithium deposition and reduce the formation of dendrites. Further, one of ordinary skill in the art would reduce the size of the third region to provided increased energy density by saving space and weight.
Claims 39 and 42 are rejected under 35 U.S.C. 103 as being unpatentable over Abe et al. (U.S. Pat. No. 20170155167 A1) in view of Andre et al. (U.S. Pat. No. 20190262878 A1).
Regarding Claim 39, Abe et al. teaches all claim limitations as applied to Claim 38 above. Abe et al. teaches the device configured for fabrication by pressing and adhering (para. 111).
Abe et al. does not teach fabrication using controlled pressure.
Andre et al. teaches production (fabrication) of metal foils such as lithium foil by controlled pressure such that foil does not break (para. 33).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the device of Abe et al. to include fabrication using controlled pressure such as to form the lithium foil as taught by Andre et al to avoid breakage.
Regarding Claim 42, Abe et al. is modified by Andre et al. teaching all claim limitations as applied to Claim 39 above. Further, Abe et al. teaches the electrode assembly is of a secondary battery (para. 17). Therefore, all claim limitations are met.
Claim 49 is rejected under 35 U.S.C. 103 as being unpatentable over Abe et al. (U.S. Pat. No. 20170155167 A1) in view of Wang et al. (C.N. Pat. No. 110797569 A).
Regarding Claim 49, Abe et al. teaches all claim limitations as applied to Claim 47 above. Abe et al. teaches the device further comprising a conductive tab 31 comprising a material that is electrically conductive, the conductive tab being part of the conductive cover (current collector) (para. 105, 112).
Abe et al. does not teach the conductive tab extending from a perimeter of the enclosure.
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[AltContent: textbox (Wang et al. (Fig. 1))]Wang et al. teaches a conductive tab 78 for an auxiliary electrode extending from a perimeter of an enclosure 10 (casing such as an aluminum plastic film) (para. 56, Fig. 1) allowing connection between the conductive tab and wiring to measure the electrode potentials (para. 81-82).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the auxiliary electrode of Abe et al. by Wang et al. to include the conductive tab extending from a perimeter of the enclosure to allow measurement of the electrode potential and performance characteristics (para. 82-85).
Conclusion
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/C.R.D./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729