DETAILED ACTION
Introductory Notes
Any paragraph citation of the instant is in reference to the U.S. published patent application.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/6/2026 has been entered.
Claim Objections
Claim 12 is objected to because of the following informalities: beginning in line 8, “and N and M are positive integers” is repeated. Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-12 and 14-21 are rejected under 35 U.S.C. 103 as being unpatentable over HOSHINA (US 20170365886 A1, cited in a previous office action) as evidenced by Product Specifications (MSE Supplies, product specifications for LFP and NMC811 cathode powders, cited in a previous office action).
Regarding claims 1, 2, 12, and 14, HOSHINA discloses a battery module, wherein the battery module comprises a first-type battery cell and a second-type battery cell at least connected in series (“battery module includes a first battery unit and a second battery unit that is electrically connected in series to the first battery unit” [0015]), the first-type battery cell and the second-type battery cell are battery cells of different chemical systems (“at least two types of non-aqueous electrolyte secondary batteries” [0014]), the first-type battery cell comprises a first battery cell, wherein a number of the first battery cells in the first-type battery cell is N (“n first”, claim 1), the second-type battery cell comprises a second battery cell, wherein a number of the second battery cells in the second-type battery cell is M (“m second”, claim 1), and N and M are positive integers (“an integer of 1 or more” for n and m in claim 1), and a specific surface area of a positive active substance of a first battery cell is S1 (LiFePO4, or LFP, was used for the first battery unit in at least examples 1-8 per [0157]; LFP having an expected range of 10 – 14 m2/g for specific surface area as evidenced by Product Specifications), a specific surface area of a positive active substance of a second battery cell is S2 (“LiNi0.8Co0.1Mn0.1O2”, or NMC811, was used in example 6 per [0234]; NMC811 having a typical specific surface area of 0.6 ±0.3 m2/g, in other words 0.3 to 0.9 range, as evidenced by Product Specifications), and S1 and S2 satisfy 1<S1/S2<18.8 (wherein [10 to 14] / [0.3 to 0.9] arrives at a number of values in the upper end of the claimed range, for example 10/0.53, 14/.75, 12/0.64 which is notably central to both ranges, etc. are all less than or equal to 18.8 and greater than 1; in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists, see MPEP § 2144.05; without showing unexpected results, the currently claimed S1/S2 therefore cannot be considered critical).
HOSHINA further discloses wherein the first battery cell comprises a polyanionic positive active substance (LiFePO4, or LFP, was used for the first battery unit in at least examples 1-8 per [0157]; LFP is polyanionic and matches the use of LiFePO4 in instant [0097] and instant Table 2), and the second battery cell comprises a layered transition metal oxide positive active substance (“LiNi0.8Co0.1Mn0.1O2”, or NMC811, was used in example 6 per [0234]; NMC811 is a layered transition metal oxide and matches the NMC811 in instant [0057]; wherein example 6 notably utilizes both LFP and NMC811 as first and second batteries concurrently).
Regarding claim 12 alone, HOSHINA discloses a manufacturing method to form the battery module (example 6 beginning at [0233] as well as Fig. 1).
Regarding claims 3 and 16, HOSHINA discloses the first battery unit comprises LFP per [0157] and the second NMC811 per [0234] wherein NMC was a higher gram capacity than LFP as evidenced by Product Specifications (205 mAh/g for NMC811 and 154 mAh/g for LFP per Product Specifications), reading on claim 3 option (1). Furthermore, the D50 of LFP / D50 of NMC as evidenced by Product Specifications (1.5 / 10 = 0.15) reads on option (2) and the evidenced D90 and Dmax values (D90 of 6 µm for LFP and D90 of 20µm for NMC = 6/20 = 0.3) also read on option (3).
Regarding claims 4, 15, and 17 HOSHINA discloses a volume average particle size (Dv50) D1 of the positive active substance of the first battery cell is 0.2-15 µm (LFP per [0157] with D50 of 1.5 µm per Product Specifications; wherein the claimed range is broad and lacks specificity and as such a commercially available LFP in combination with the disclosure of HOSHINA readily reads on the range),
and a volume average particle size (Dv50) D2 of the positive active substance of the second battery cell is 0.5-30 µm (NMC811 per [0234] with D50 of 10 µm per Product Specifications; wherein the claimed range is broad and lacks specificity and as such a commercially available NMC811 in combination with the disclosure of HOSHINA readily reads on the range).
Dividing these values, D1/D2, gives 1.5/10 or 0.15 which is within the broad range of claim 15.
Regarding claims 5 and 18, HOSHINA discloses a compacted density of a positive electrode sheet of the first battery cell is C1 (LFP with “2.0 g/cm3” [0159]), and a compacted density of a positive electrode sheet of the second battery cell is C2 (NMC with “3.2 g/cm3” [0175]), and 0.35<C1/C2<0.99 (2/3.2 = 0.625, central to the claimed range).
Regarding claim 6, HOSHINA discloses a compacted density C1 of a positive electrode sheet of the first battery cell is 1.6- 3.0 g/cm3 (LFP with “2.0 g/cm3” [0159]), and a compacted density C2 of a positive electrode sheet of the second battery cell is 3.1-4.2 g/cm3 (NMC with “3.2 g/cm3” [0175]).
Regarding claim 7, HOSHINA discloses the positive active substance of the first battery cell comprises lithium containing phosphate shown in formula (I) (LiFePO4, or LFP, was used for the first battery unit in at least examples 1-8 per [0157]).
Regarding claim 8, HOSHINA discloses the positive active substance of the second battery cell comprises lithium transition metal oxide shown in formula (III) (“LiNi0.8Co0.1Mn0.1O2”, or NMC811, was used in example 6 per [0234]).
Regarding claims 9 and 20, HOSHINA discloses a ratio of a number N of the first cells to a number M of the second cells is 0.1<N/M<50 (six first batteries and one second battery per [0144] and Fig. 1 giving an N/M of 6).
Regarding claim 10, HOSHINA discloses a battery pack, comprising the battery module according to claim 1 (“battery pack comprising the battery module according to claim 1” per claim 11)
Regarding 19, HOSHINA discloses a compacted density C1 of a positive electrode sheet of the first battery cell is 2.1-2.8 g/cm3 (LFP with “2.0 g/cm3” [0159]), and a compacted density C2 of a positive electrode sheet of the second battery cell is 3.2-3.7 g/cm3 (NMC with “3.2 g/cm3” [0175]).
Regarding HOSHINA’s disclosure of an example LFP having a density of 2.0 g/cm3 in relation to the claimed range of 2.1-2.8, it would have been obvious to one of ordinary skill in the art at the time of filing that an example at 2.0 encompasses a range around that value. See MPEP § 2144.05; In re Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985); and In re Brandt, 886 F.3d 1171, 1177, 126 USPQ2d 1079, 1082 (Fed. Cir. 2018).
Regarding claims 11 and 21, HOSHINA discloses a power consumption apparatus (“a vehicle comprising the battery pack” per claim 14).
Response to Arguments
Regarding art-based rejections, applicant’s arguments with respect to the claims have been considered but are overall not persuasive. In response to amendment, the grounds of rejection has been altered from a 102 anticipation to a 103 obviousness. As such examiner recognizes the reported average values of specific surface area used in the previous office action (11.7 / 0.6 = 19.5) are now just outside the claimed range. However, these values are within rounding error, i.e. 11.7/0.64 = 18.3 where just adding a decimal place without altering the rounded value of S2 is enough to get within the claimed range. The specific surface areas each have a reasonable range and when taken as a whole the combination of ranges read on the currently claimed ratio.
Furthermore, in the after-final filing of 2/9/2026 applicant presented amendments and remarks toward “a specific surface area of … S1 and S2 satisfy 20≤S1/S2≤60”. This range of S1/S2 is notably the opposite end of the spectrum from the currently claimed range of 1 to 18.8. The reversal of ranges calls into question any criticality of the currently claimed range.
Conclusion
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/T.L.M./Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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