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 .
Status of Claims
Claims 44, 46, 58-59, 66 & 81 are amended. Claims 1-43, 74-80 & 86-88 are canceled. Claims 44-73, 81-85 & 89-90 are currently pending.
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 44-53, 58, 66-69, 73 & 89-90 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Whear (US 2018/0366710 A1).
Regarding claims 44-46, 49-53, 58 & 89-90, Whear teaches a vehicle ([0242]) comprising a lead-acid battery comprising a positive electrode, a negative electrode, a separator made of a microporous material and comprising an acid-mixing rib profile ([0042], [0050] & [0055]) which is immersion coated or spray coated with a coating of a metal sulfate such as barium sulfate in an amount of 1 g/sqm to 4 g/sqm, and an electrolyte comprising a metal sulfate such as barium sulfate ([0187]-[0191] & [0201]-[0203]). While Whear is silent as to wherein lead sulfate crystals formed after 150 rounds of cycling of the lead acid battery having an average diameter in one dimension of less than 1.1 microns, less than 1 microns, less than 0.95 microns, or less than 0.9 microns (claim 44) and in range of 0.4 microns to 0.9 microns (claim 46), it is noted that Whear teaches the claimed lead acid battery having a separator with the claimed acid mixing rib profile and the claimed sulfate in at least one of the separator and the electrolyte as noted above. Accordingly, the above cited limitation would be expected to be present in Whear’s invention. “Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)”. See MPEP 2112.01 I.
Regarding claims 47-48, Whear teaches the lead acid battery of claim 44 but is silent as to wherein peak current density is at least 20% lower than a lead acid battery having an electrolyte without a metal sulfate present (claim 47) and wherein hydrogen gassing current at -1.4V is at least 70% lower than a lead acid battery having an electrolyte without a metal surface present (claim 48). However, as noted above, since Whear teaches a lead acid battery having substantially the same structure/composition, the claimed properties recited in claims 47-48 would be expected to be present in Whear’s invention.
Regarding claims 66-69 & 73, Whear teaches a method of reducing the size of lead sulfate crystals in a lead acid battery during cycling, comprising: placing, into a lead acid battery, a separator comprising an acid-mixing rib profile and a metal sulfate such as barium sulfate coated on a surface of the separator, which is obtained by immersion coating, curtain coating or spray coating a solution or slurry comprising the metal sulfate onto the separator ([0187]-[0191] & [0203])
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.
Claims 44-73 & 89-90 are rejected under 35 U.S.C. 103 as being unpatentable over Johns (US 2020/0106070 A1) in view of Whear (US 2018/0366710 A1) and evidenced by Krishnamoorthy (US 2017/0133650 A1).
Regarding claims 44-46, 49-53, 55, 57-58 & 89-90, Johns teaches a vehicle comprising a lead acid battery comprising a positive electrode, a negative electrode, a separator; and an electrolyte comprising a metal sulfate such as zinc sulfate, aluminum sulfate or potassium sulfate ([0028] & [0050]-[0052]) but is silent as to (1) the separator having an acid-mixing rib profile and (2) wherein the lead sulfate crystals formed after 150 rounds of cycling of the lead acid battery have an average diameter in one dimension less than 1.1 microns, less than 1.0 microns, less than 0.95 microns, or less than 0.9 microns (claim 44) and an average diameter in one dimension of 0.4 microns to 0.9 microns (claim 46). Whear teaches a vehicle ([0242]) comprising a lead-acid battery comprising a positive electrode, a negative electrode, a separator made of a microporous material and comprising an acid-mixing rib profile ([0042], [0050] & [0055]) which is immersion coated or spray coated with a coating of a metal sulfate such as barium sulfate in an amount of 1 g/sqm to 4 g/sqm, and an electrolyte comprising a metal sulfate such as barium sulfate ([0187]-[0191] & [0201]-[0203]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to use a separator having an acid-mixing rib profile in view of reducing or eliminating acid stratification as taught by Whear ([0055]). Furthermore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to coat the separator with a metal sulfate such as barium sulfate in an amount of 1 g/sqm to 4 g/sqm because it can combine with antimony to inactivate it and/or form a compound with it and/or cause it to drop down into the mud rest of the battery and/or prevent it from depositing onto the negative electrode as taught by Whear ([0201]). While Johns as modified by Whear is silent as to the above cited limitation 2), it is noted that modified Johns teaches a lead acid battery comprising an electrolyte, similarly to the present invention, including the claimed metal sulfate. Accordingly, the presently claimed average diameter in one dimension of lead sulfate crystals would be expected to read on the ranges recited in claims 44 & 46. “Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)”. See MPEP 2112.01 I.
Regarding claims 47-48, Johns as modified by Whear teaches the lead acid battery of claim 44 but is silent as to a peak current density at least 20% lower than a lead acid battery having an electrolyte without a metal sulfate present (claim 47) and a hydrogen gassing current at -1.4V at least 70% lower than a lead acid battery having an electrolyte without the metal sulfate present (claim 48). However, as noted above, modified Johns discloses a lead acid battery electrolyte comprising a metal sulfate as described in the present invention. Accordingly, the properties recited in claims 47-48 would be expected to be present in modified Johns’s battery.
Regarding claim 54, Johns as modified by Whear teaches the lead acid battery of claim 44. Johns further teaches wherein the metal sulfate is present in the electrolyte at a concentration of 0 g/L to 10 g/L ([0050]). Furthermore, one of ordinary skill in the art readily understands that lead acid battery electrolytes typically have a specific gravity of 1.265 to 1.36 as evidenced by Krisnamoorthy ([0006]). Accordingly, typical lead acid battery electrolytes have a density of 1265 g/L to 1360 g/L which would result in a metal sulfate concentration of less than 1%.
Regarding claim 56, Johns as modified by Whear teaches the lead acid battery of claim 45, wherein the metal sulfate comprises aluminum sulfate but is silent as to no or less than five tree branch-like or dendrite-like structure forming during cycling. However, since modified Johns teaches a lead acid battery having the claimed structure and electrolyte composition, one of ordinary skill in the art would similarly expect no or less than five tree branch-like or dendrite-like structure to grow during cycling.
Regarding claims 59-63 & 65, Johns teaches a method of reducing the size of lead sulfate crystals in a lead acid battery during cycling, comprising: adding a metal sulfate such as zinc sulfate, aluminum sulfate or potassium sulfate at a concentration of 1% or less into an electrolyte solution in the lead acid battery ([0028] & [0050]-[0052]) but is silent as to 1) the separator comprising an acid-mixing rib profile and 2) wherein the lead sulfate crystals formed after 150 rounds of cycling of the lead acid battery have an average diameter in one dimension less than 1.1 microns, less than 1.0 microns, less than 0.95 microns, or less than 0.9 microns (claim 59) and wherein lead sulfate crystals formed during cycling of the battery have an average diameter in one dimension that is at least 60% smaller than lead sulfate crystals formed during cycling of battery without a metal sulfate present (claim 61). Whear teaches a vehicle ([0242]) comprising a lead-acid battery comprising a positive electrode, a negative electrode, a separator made of a microporous material and comprising an acid-mixing rib profile ([0042], [0050] & [0055]) which is immersion coated or spray coated with a coating of a metal sulfate such as barium sulfate in an amount of 1 g/sqm to 4 g/sqm, and an electrolyte comprising a metal sulfate such as barium sulfate ([0187]-[0191] & [0201]-[0203]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to use a separator having an acid-mixing rib profile in view of reducing or eliminating acid stratification as taught by Whear ([0055]). While Johns as modified by Whear is silent as to the above cited limitation 2), it is noted that modified Johns teaches a lead acid battery comprising an electrolyte, similarly to the present invention, including the claimed metal sulfate. Accordingly, the presently claimed average diameter in one dimension of lead sulfate crystals would be expected to read on the ranges and amounts recited in claims 59 & 61. “Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)”. See MPEP 2112.01 I.
Regarding claim 64, Johns as modified by Whear teaches the method of claim 60, wherein the metal sulfate comprises aluminum sulfate but is silent as to no or less than five tree branch-like or dendrite-like structure forming during cycling. However, since modified Johns teaches a lead acid battery having the claimed structure and electrolyte composition, one of ordinary skill in the art would similarly expect no or less than five tree branch-like or dendrite-like structure to form during cycling.
Regarding claims 66-71 & 73, Johns teaches a method of reducing the size of lead sulfate crystals in a lead acid battery during cycling, comprising: adding a metal sulfate such as zinc sulfate, aluminum sulfate or potassium sulfate at a concentration of 1% or less into an electrolyte solution in the lead acid battery ([0028] & [0050]-[0052]) but is silent as to 1) the separator comprising an acid-mixing rib profile and a metal sulfate, wherein at least some of the metal sulfate is released into the electrolyte solution; and 2) wherein the lead sulfate crystals formed after 150 rounds of cycling of the lead acid battery have an average diameter in one dimension less than 1.1 microns, less than 1.0 microns, less than 0.95 microns, or less than 0.9 microns (claim 66) and wherein lead sulfate crystals formed during cycling of the battery have an average diameter in one dimension that is at least 60% smaller than lead sulfate crystals formed during cycling of battery without a metal sulfate present (claim 70). Whear teaches a vehicle ([0242]) comprising a lead-acid battery comprising a positive electrode, a negative electrode, a separator made of a microporous material and comprising an acid-mixing rib profile ([0042], [0050] & [0055]) which is immersion coated or spray coated with a coating of a metal sulfate such as barium sulfate in an amount of 1 g/sqm to 4 g/sqm, wherein the metal sulfate may further be dispersed within the electrolyte ([0187]-[0191] & [0201]-[0203]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to use a separator having an acid-mixing rib profile in view of reducing or eliminating acid stratification as taught by Whear ([0055]). While Johns as modified by Whear is silent as to the above cited limitation 2), it is noted that modified Johns teaches a lead acid battery comprising an electrolyte, similarly to the present invention, including the claimed metal sulfate. Accordingly, the presently claimed average diameter in one dimension of lead sulfate crystals would be expected to read on the ranges and amounts recited in claims 66 & 70. “Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977)”. See MPEP 2112.01 I.
Regarding claim 72, Johns as modified by Whear teaches the method of claim 69, wherein the metal sulfate comprises aluminum sulfate but is silent as to no or less than five tree branch-like or dendrite-like structure forming during cycling. However, since modified Johns teaches a lead acid battery having the claimed structure and electrolyte composition, one of ordinary skill in the art would similarly expect no or less than five tree branch-like or dendrite-like structure to form during cycling
Claims 81-85 are rejected under 35 U.S.C. 103 as being unpatentable over Mittal (US 2018/0047964 A1) in view of Whear (US 2018/0366710 A1).
Regarding claims 81-84, Mittal teaches a battery separator comprising a coating including a sulfate such as aluminum sulfate but is silent as to the separator having an acid-mixing rib profile and does not explicitly teach the coating being in an amount of 1 gsm to 12 gsm (claim 81), of 3 gsm to 10 gsm (claim 82), of 5 gsm to 8 gsm (claim 83), of 6 gsm (claim 84). Whear teaches a lead-acid battery comprising a positive electrode, a negative electrode, a separator made of a microporous material and comprising an acid-mixing rib profile ([0042], [0050] & [0055]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to use a separator having an acid-mixing rib profile in view of reducing or eliminating acid stratification as taught by Whear ([0055]). While Mittal does not explicitly teach the coating weight of the sulfate, Mittal discloses a weight percentage of the sulfate in the separator ranging from 1 wt% to 10 wt% ([0083]-[0084]) and further wherein a basis weight of the separator can range from 80 gsm to 300 gsm in some embodiments ([0156]). Thus, when the weight percentage of the sulfate in a separator having a basis weight of 80 gsm to 300 gsm ranges from 1 wt% to 10 wt%, the resulting coating weight of the sulfate would necessarily range from 0.8 gsm to 30 gsm which renders obvious the amounts recited in claims 81-84.
Regarding claim 85, Mittal as modified by Whear teaches the battery separator of claim 81 but is silent as to the separator exhibiting improved charge acceptance (60% SOC) over time. However, it is noted that modified Mittal teaches a battery separator having substantially the same structure and composition as the claimed invention. Accordingly, the claimed property would be expected to be present in Mittal’s modified separator.
Response to Arguments
Applicant’s arguments with respect to claims 44-73, 81-85 & 89-90 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. The amendment to the claims that has prompted new grounds of rejections in view of the newly cited Whear and Mittal references cited in the above updated 102 and 103 rejections. Thus, in view of the foregoing, claims 44-73, 81-85 & 89-90 stands rejected.
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.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to NATHANAEL T ZEMUI whose telephone number is (571)272-4894. The examiner can normally be reached M-F 8am-5pm (EST).
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/NATHANAEL T ZEMUI/Examiner, Art Unit 1727