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 .
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.
Claim Status
Claims 18-20 and 23-25 have been withdrawn.
Claims 1 and 13 have been amended; support for the amendment can be found in original claims 1 and 13.
Claims 1-17 and 21-22 have been examined on the merits.
Election/Restrictions
Claims 18 to 20 and 23-25 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention and species, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/16/2026.
Applicant’s election without traverse of species A1 and invention I in the reply filed on 04/16/2026 is acknowledged.
Information Disclosure Statement
Each information disclosure statement (IDS) submitted on or before 03/13/2023 is in compliance with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Accordingly, the information disclosure statement is being considered by the examiner and an initial copy is attached herewith.
Claim Interpretation
In claim 11, the variables a and b are interpreted as a>0, b>0 and a+b<1 according to the commonly known formula for NMC materials (evidenced by Momo, US 20140176076 A1, [0157]).
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 1-17 and 21-22 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 1 is indefinite because it is unclear what the recitation “an upper edge” is the edge of. For examination, the recitation is interpreted as an upper edge of the metallic annular side wall. Claims 2-12 and 21-22 are rejected for dependence on claim 1.
Claim 1 is indefinite because it is unclear what the recitation “a lower edge” is the edge of. For examination, the recitation is interpreted as a lower edge of the metallic annular side wall. Claims 2-12 and 21-22 are rejected for dependence on claim 1.
Claim 1 is indefinite because it is unclear what the recitation “an inner surface” is the surface of. For examination, the recitation is interpreted as an inner surface of the metallic annular side wall. Claims 2-12 and 21-22 are rejected for dependence on claim 1.
Claim 1 recites the limitation "the lower edge of the metallic annular sidewall" in section vi). There is insufficient antecedent basis for this limitation in the claim. Claims 2-12 and 21-22 are rejected for dependence on claim 1.
Claim 4 recites the limitation "the inner…surfaces of the annular sidewall" in line 4-5. There is insufficient antecedent basis for this limitation in the claim.
Claim 6 recites the limitation "the inner surface of the metallic annular sidewall" in line 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 7 recites the limitation "the inner surface of the metallic annular sidewall" in line 2-3. There is insufficient antecedent basis for this limitation in the claim.
Claim 8 recites the limitation "the upper edge of the metallic annular sidewall" in line 3-4. There is insufficient antecedent basis for this limitation in the claim.
Claim 12 is indefinite because it is unclear if “metallic annular sidewall” refers to the previously recited “metallic annular sidewall” of claim 1 or to another sidewall. For examination, the former interpretation is used.
Claim 12 recites the limitation "the titanium of the base plate" in line 3. There is insufficient antecedent basis for this limitation in the claim. For examination, this limitation is interpreted as “titanium of the base plate”.
Claim 13 is indefinite because it is unclear what the recitation “an upper edge” in line 5-6 is the edge of. For examination, the recitation is interpreted as an upper edge of the metallic annular side wall. Claims 14-17 are rejected for dependence on claim 13.
Claim 13 is indefinite because it is unclear what the recitation “a lower edge” in line 6 is the edge of. For examination, the recitation is interpreted as a lower edge of the metallic annular side wall. Claims 14-17 are rejected for dependence on claim 13.
Claim 13 is indefinite because it is unclear what the recitation “an outer annular surface” in line 6-7 is the surface of. For examination, the recitation is interpreted as a surface of the metallic annular side wall. Claims 14-17 are rejected for dependence on claim 13.
Claim 13 is indefinite because it is unclear what the recitation “an inner surface” in line 7 is the surface of. For examination, the recitation is interpreted as an inner surface of the metallic annular side wall. Claims 14-17 are rejected for dependence on claim 13.
Claim 13 recites the limitation "the inner surface of the annular sidewall" in section i). There is insufficient antecedent basis for this limitation in the claim. Claims 14-17 are rejected for dependence on claim 13.
Claim 13 recites the limitation "the inner surface of the metallic lid” in section iii). There is insufficient antecedent basis for this limitation in the claim. Claims 14-17 are rejected for dependence on claim 13. The examiner notes that the claim previously recites a “lid inner surface” but does not claim that the “lid inner surface” is a surface of the metallic lid.
Claim 13 recites the limitation "lower annular edge of the metallic annular sidewall" in section vi). There is insufficient antecedent basis for this limitation in the claim. Claims 14-17 are rejected for dependence on claim 13.
Claim 14 recites the limitation "the metallic base layer" in line 2. There is insufficient antecedent basis for this limitation in the claim.
Claim 15 recites the limitation "the…outer surface…of the annular sidewall" in line 9. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the lid upper surface" in line 3-. There is insufficient antecedent basis for this limitation in the claim.
Claim 17 recites the limitation "the outer peripheral edge of the lid" in line 3. There is insufficient antecedent basis for this limitation in the claim.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claim 1, 6, 11, 13 and 16 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US11715868B2 in view of Ruth (US-20010046625-A1), Tischendorf (US-20140087239-A1), and Yura (US-20210043919-A1).
Regarding claim 1, the patent discloses in claim 1, an electrochemical cell comprising:
a) a casing, comprising:
i) a annular sidewall extending to an upper edge spaced from a lower edge, the annular sidewall having an outer surface spaced from an inner surface;
ii) a dielectric material coating the lower edge and at least a portion of the inner surface of the metallic annular sidewall;
iii) a lid having a lid inner surface (“lower surface”) spaced from a lid outer surface (“upper surface”), the lid closing the upper edge of the annular sidewall, wherein the lid has a hermetically sealed electrolyte fill port extending through the lid thickness (“extending from a lid upper surface to a spaced apart lid lower surface”);
v) a base plate (“lower plate”)
vi) a ring-shaped sealing glass in a glass-to-metal seal relationship with the base plate and in a glass-to-ceramic seal relationship with the dielectric material coating the lower edge of the metallic annular sidewall; and
b) an electrode assembly housed inside the casing,
the electrode assembly comprising:
i) an anode active material in turn contacting the lid serving as a negative terminal for the cell (“contacts the current collector in turn contacting the lid serving as one terminal for the cell”);
ii) a cathode active material, the base plate serves as a positive terminal for the cell (“contacts the lower plate serving as the other terminal for the cell”); and
iii) a separator intermediate the anode and cathode active materials; and
c) an electrolyte housed in the casing in contact with the electrode assembly.
Regarding the limitation,” having a lid thickness defined by a lid peripheral edge extending to a lid inner surface spaced apart from a lid outer surface”, the examiner notes that a lid naturally possesses a lid peripheral edge extending to a lid inner surface spaced apart from a lid outer surface and therefore a dimension, i.e. a lid thickness, defined by these features is also naturally present.
Regarding the limitation, “having a base plate thickness defined by a base plate peripheral edge extending to a base plate inner surface spaced from a base plate outer surface”, the examiner notes that a plate naturally possesses a peripheral edge extending to an inner surface spaced apart from an outer surface and therefore a dimension, i.e. a base plate thickness, defined by these features is also naturally present.
The patent fails to disclose that the cell is secondary, the sidewall and lid being metallic, iv) a first carbonaceous coating contacting the inner surface of the metallic lid; titanium, seal with the inner surface of the titanium base plate, vii) a metallic base layer connected to the inner surface of the titanium base plate, wherein the base layer is selected from aluminum, platinum, gold, tantalum and Pt/Ir; and
viii) a second carbonaceous coating contacting the metallic base layer opposite the titanium base plate; contacting the first carbonaceous coating, contacting the second carbonaceous coating, in turn contacting the metallic base layer opposite the titanium base plate.
Ruth ( US 20010046625 A1) discloses a secondary ([0001]) electrochemical cell (Fig. 1; 1) comprising a metallic (“titanium”; [0009]) lid (Fig. 1; 4), a metallic (“titanium”; [0008]) annular sidewall (Fig. 1; 2) and a titanium ([0008]) base plate (Fig. 1; 3).
It would have been obvious to one of ordinary skill in the art to have modified the patent by making the electrochemical cell secondary, the lid and sidewall metallic and the base plate titanium as taught by Ruth because Ruth teaches that a secondary chemistry and a titanium material are suitable for use in an electrochemical cell.
The patent in view of Ruth still fails to disclose iv) a first carbonaceous coating contacting the inner surface of the metallic lid; a glass to metal seal with the inner surface of the titanium base plate, vii) a metallic base layer connected to the inner surface of the titanium base plate, wherein the base layer is selected from aluminum, platinum, gold, tantalum and Pt/Ir; and
viii) a second carbonaceous coating contacting the metallic base layer opposite the titanium base plate; contacting the first carbonaceous coating, contacting the second carbonaceous coating, in turn contacting the metallic base layer opposite the titanium base plate.
Tischendorf discloses vi) a ring-shaped (Fig. 2) sealing glass (annotated Fig. 2; 28; [0017]) in a glass ([0017])-to-metal (“titanium”; [0020]) seal ([0017]) relationship with the inner surface (annotated Fig. 2; BPIS) of a titanium base plate (Fig. 2; 12, 14)
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It would have been obvious to one of ordinary skill in the art to have modified the patent in view of Ruth by adding the glass to metal seal to the inner surface of the titanium base plate in order to predictably seal the electrochemical cell as taught by Tischendorf ([0012]).
The patent in view of Ruth and Tischendorf still fails to disclose iv) a first carbonaceous coating contacting the inner surface of the metallic lid; vii) a metallic base layer connected to the inner surface of the titanium base plate, wherein the base layer is selected from aluminum, platinum, gold, tantalum and Pt/Ir; and
viii) a second carbonaceous coating contacting the metallic base layer opposite the titanium base plate; contacting the first carbonaceous coating, contacting the second carbonaceous coating, in turn contacting the metallic base layer opposite the titanium base plate.
Yura (US 20210043919 A1) discloses a secondary electrochemical cell (“lithium secondary battery”; [0030]; Fig. 1; 10) comprising:
iv) a first carbonaceous coating (“carbon layer”; [0058]; Fig. 1; 17) contacting an inner surface (Fig. 1; inner surface of 24b; [0058] teaches that collector 18 is an optional feature and may be excluded) of a lid (Fig. 1; 24b);
vii) a metallic (“aluminum”; [0058]) base layer (Fig. 1; 14)
wherein the base layer (14) is selected from aluminum
viii) a second carbonaceous coating (Fig. 1; 13) contacting the metallic base layer (14) opposite a base plate (Fig. 1; 24a) ; and
i) an anode active material (Fi. 1; 16) contacting the first carbonaceous coating (17) in turn contacting a metallic lid (Fig. 1; 24b) serving as a negative terminal (“negative electrode can”; [0058]) for the cell (10);
ii) a cathode active material (Fig. 1; 12) contacting the second carbonaceous coating (13) in turn contacting the metallic base layer (14) opposite the base plate (24a) so that the base plate (24a) serves as a positive terminal (“positive electrode can”; [0058]) for the cell (10).
It would have been obvious to one of ordinary skill in the art to have modified the patent in view of Ruth and Tischendorf by adding the first and second carbonaceous coatings and metallic base layer of Yura to the device of the patent in view of Ruth and Tischendorf such that the device comprised:
iv) a first carbonaceous coating contacting the inner surface of the metallic lid;
vii) a metallic base layer
wherein the base layer is selected from aluminum, and
viii) a second carbonaceous coating contacting the metallic base layer opposite the titanium base plate; and
i) the anode active material contacting the first carbonaceous coating in turn contacting the metallic lid serving as a negative terminal for the cell;
ii) the cathode active material contacting the second carbonaceous coating in turn contacting the metallic base layer opposite the titanium base plate so that the titanium base plate serves as a positive terminal for the cell.
In doing so one of ordinary skill in the art would reasonably expect to reduce the contact resistance of the electrodes as taught by Yura ([0058]).
Regarding claim 6, the patent in view of Ruth, Tischendorf and Yura discloses wherein an annulus resides between the inner surface of the metallic annular sidewall adjacent to an outer annular edge of the electrode assembly, and wherein the electrolyte fill port is axially aligned with the annulus (claim 2).
Regarding claim 11, the patent in view of Ruth, Tischendorf and Yura discloses wherein the anode active material is selected from coke, graphite, acetylene black, carbon black, glass carbon, hairy carbon, LiaTisOl2, lithiated silver vanadium oxide, lithiated copper silver vanadium oxide, lithiated copper sulfide, lithiated iron sulfide, lithiated iron disulfide, lithiated titanium disulfide, lithiated copper vanadium oxide, LixCuWAgyV2OZ with 0.5 -x< 4.0, 0.01 < w S 1.0, 0.01 y < 1.0 and 5.01 < z v 6.5, lithium, and mixtures thereon, and wherein the cathode active material is selected from lithium nickel manganese cobalt oxide (LiNiaMnbCol-a-bO2), LiCoO2, LiNiO2, LiMnO2, TiS, FeS, FeS2, CFx,Ag2O, Ag2O2, Ag2CrO4, silver vanadium oxide (SVO), copper silver vanadium oxide (CSVO), V20s, MnO2, and mixtures thereof (claim 13).
Regarding claim 13, the patent discloses in claim 15, an electrochemical cell comprising:
a) a casing, comprising:
i) an annular sidewall extending to an upper edge spaced from a lower edge, the annular sidewall having an outer surface spaced from an inner surface;
ii) an alumina coating the lower edge and at least a portion of the inner surface of the metallic annular sidewall;
iii) a lid having a lid thickness defined by a lid peripheral edge extending to a lid inner surface (“lower surface”) spaced apart from a lid outer surface (“upper surface”), the lid closing the upper edge of the annular sidewall, wherein the lid has a hermetically sealed electrolyte fill port extending through the lid thickness (“ extending to the lid upper and lower surfaces”);
v) a base plate (“lower plate”)
vi) a ring-shaped sealing glass in a glass-to-metal seal relationship with the base plate and in a glass-to-ceramic seal relationship with the dielectric material coating the lower edge of the metallic annular sidewall; and
b) an electrode assembly housed inside the casing,
the electrode assembly comprising:
i) an anode active material in turn contacting the lid serving as a negative terminal for the cell (“contacts the current collector in turn contacting the lid serving as one terminal for the cell”);
ii) a cathode active material, the base plate serves as a positive terminal for the cell (“contacts the lower plate serving as the other terminal for the cell”); and
iii) a separator intermediate the anode and cathode active materials; and
c) an electrolyte housed in the casing in contact with the electrode assembly.
Regarding the limitation, “having a base plate thickness defined by a base plate peripheral edge extending to a base plate inner surface spaced from a base plate outer surface”, the examiner notes that a plate naturally possesses a peripheral edge extending to an inner surface spaced apart from an outer surface and therefore a dimension, i.e. a base plate thickness, defined by these features is also naturally present.
The patent fails to disclose that the cell is secondary, the sidewall and lid being metallic, iv) a first carbonaceous coating contacting the inner surface of the metallic lid; titanium, seal with the inner surface of the titanium base plate, vii) an aluminum base layer connected to the inner surface of the titanium base plate,
viii) a second carbonaceous coating contacting the metallic base layer opposite the titanium base plate; contacting the first carbonaceous coating, contacting the second carbonaceous coating, in turn contacting the metallic base layer opposite the titanium base plate.
Ruth ( US 20010046625 A1) discloses a secondary ([0001]) electrochemical cell (Fig. 1; 1) comprising a metallic (“titanium”; [0009]) lid (Fig. 1; 4), a metallic (“titanium”; [0008]) annular sidewall (Fig. 1; 2) and a titanium ([0008]) base plate (Fig. 1; 3).
It would have been obvious to one of ordinary skill in the art to have modified the patent by making the electrochemical cell secondary, the lid and sidewall metallic and the base plate titanium as taught by Ruth because Ruth teaches that a secondary chemistry and a titanium material are suitable for use in an electrochemical cell.
The patent in view of Ruth still fails to disclose iv) a first carbonaceous coating contacting the inner surface of the metallic lid; a glass to metal seal with the inner surface of the titanium base plate, vii) an aluminum base layer connected to the inner surface of the titanium base plate, and
viii) a second carbonaceous coating contacting the metallic base layer opposite the titanium base plate; contacting the first carbonaceous coating, contacting the second carbonaceous coating, in turn contacting the metallic base layer opposite the titanium base plate.
Tischendorf discloses vi) a ring-shaped (Fig. 2) sealing glass (annotated Fig. 2; 28; [0017]) in a glass ([0017])-to-metal (“titanium”; [0020]) seal ([0017]) relationship with the inner surface (annotated Fig. 2; BPIS) of a titanium base plate (Fig. 2; 12, 14)
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It would have been obvious to one of ordinary skill in the art to have modified the patent in view of Ruth by adding the glass to metal seal to the inner surface of the titanium base plate in order to predictably seal the electrochemical cell as taught by Tischendorf ([0012]).
The patent in view of Ruth and Tischendorf still fails to disclose iv) a first carbonaceous coating contacting the inner surface of the metallic lid; vii) an aluminum base layer connected to the inner surface of the titanium base plate,
viii) a second carbonaceous coating contacting the metallic base layer opposite the titanium base plate; contacting the first carbonaceous coating, contacting the second carbonaceous coating, in turn contacting the metallic base layer opposite the titanium base plate.
Yura (US 20210043919 A1) discloses a secondary electrochemical cell (“lithium secondary battery”; [0030]; Fig. 1; 10) comprising:
iv) a first carbonaceous coating (“carbon layer”; [0058]; Fig. 1; 17) contacting an inner surface (Fig. 1; inner surface of 24b; [0058] teaches that collector 18 is an optional feature and may be excluded) of a lid (Fig. 1; 24b);
vii) an aluminum ( [0058]) base layer (Fig. 1; 14)
wherein the base layer (14) is selected from aluminum
viii) a second carbonaceous coating (Fig. 1; 13) contacting the metallic base layer (14) opposite a base plate (Fig. 1; 24a) ; and
i) an anode active material (Fi. 1; 16) contacting the first carbonaceous coating (17) in turn contacting a metallic lid (Fig. 1; 24b) serving as a negative terminal (“negative electrode can”; [0058]) for the cell (10);
ii) a cathode active material (Fig. 1; 12) contacting the second carbonaceous coating (13) in turn contacting the metallic base layer (14) opposite the base plate (24a) so that the base plate (24a) serves as a positive terminal (“positive electrode can”; [0058]) for the cell (10).
It would have been obvious to one of ordinary skill in the art to have modified the patent in view of Ruth and Tischendorf by adding the first and second carbonaceous coatings and metallic base layer of Yura to the device of the patent in view of Ruth and Tischendorf such that the device comprised:
iv) a first carbonaceous coating contacting the inner surface of the metallic lid;
vii) an aluminum base layer
viii) a second carbonaceous coating contacting the metallic base layer opposite the titanium base plate; and
i) the anode active material contacting the first carbonaceous coating in turn contacting the metallic lid serving as a negative terminal for the cell;
ii) the cathode active material contacting the second carbonaceous coating in turn contacting the metallic base layer opposite the titanium base plate so that the titanium base plate serves as a positive terminal for the cell.
In doing so one of ordinary skill in the art would reasonably expect to reduce the contact resistance of the electrodes as taught by Yura ([0058]).
Regarding claim 16, the patent in view of Ruth, Tischendorf and Yura discloses wherein an annulus resides between the inner surface of the metallic annular sidewall adjacent to an outer annular edge of the electrode assembly, and wherein the electrolyte fill port is axially aligned with the annulus (claim 16).
Claims 1, 3-11, 13 and 15-17 are rejected on the ground of nonstatutory double patenting as being unpatentable over claim 1 of U.S. Patent No. US12469910B2 in view of Ruth (US-20010046625-A1), Tischendorf (US-20140087239-A1), and Yura (US-20210043919-A1).
Regarding claim 1, the patent discloses in claim 1, an electrochemical cell comprising:
a) a casing, comprising:
i) a metallic annular sidewall extending to an upper edge spaced from a lower edge, the metallic annular sidewall having an outer surface spaced from an inner surface;
ii) a dielectric material coating the lower edge and at least a portion of the inner surface of the metallic annular sidewall;
iii) a metallic lid having a lid thickness, a lid inner surface (“lower surface”) spaced from a lid outer surface (“upper surface”), the lid closing the upper edge of the annular sidewall, wherein the lid has a hermetically sealed electrolyte fill port extending through the lid thickness (“extending from a lid upper surface to a spaced apart lid lower surface”);
v) a metallic base plate
vi) a ring-shaped sealing glass in a glass-to-metal seal relationship with the metallic base plate and in a glass-to-ceramic seal relationship with the dielectric material coating the lower edge of the metallic annular sidewall; and
b) an electrode assembly housed inside the casing,
the electrode assembly comprising:
i) an anode active material in turn contacting the lid serving as a negative terminal for the cell (“ in electrical continuity with the metallic lid serving as one terminal for the cell”);
ii) a cathode active material, the base plate serves as a positive terminal for the cell (“electrical continuity with the metallic base plate serving as the other terminal for the cell”); and
iii) a separator intermediate the anode and cathode active materials; and
c) an electrolyte housed in the casing in contact with the electrode assembly.
Regarding the limitation, “having a lid thickness defined by a lid peripheral edge extending to a lid inner surface spaced apart from a lid outer surface”, the examiner notes that a lid naturally possesses a lid peripheral edge extending to a lid inner surface spaced apart from a lid outer surface and therefore a dimension, i.e. a lid thickness, defined by these features is also naturally present.
Regarding the limitation, “having a base plate thickness defined by a base plate peripheral edge extending to a base plate inner surface spaced from a base plate outer surface”, the examiner notes that a plate naturally possesses a peripheral edge extending to an inner surface spaced apart from an outer surface and therefore a dimension, i.e. a base plate thickness, defined by these features is also naturally present.
The patent fails to disclose that the cell is secondary, iv) a first carbonaceous coating contacting the inner surface of the metallic lid; titanium, seal with the inner surface of the titanium base plate, vii) a metallic base layer connected to the inner surface of the titanium base plate, wherein the base layer is selected from aluminum, platinum, gold, tantalum and Pt/Ir; and
viii) a second carbonaceous coating contacting the metallic base layer opposite the titanium base plate; contacting the first carbonaceous coating, contacting the second carbonaceous coating, in turn contacting the metallic base layer opposite the titanium base plate.
Ruth ( US 20010046625 A1) discloses a secondary ([0001]) electrochemical cell (Fig. 1; 1) comprising a titanium ([0008]) base plate (Fig. 1; 3).
It would have been obvious to one of ordinary skill in the art to have modified the patent by making the electrochemical cell secondary, and the base plate titanium as taught by Ruth because Ruth teaches that a secondary chemistry and a titanium material are suitable for use in an electrochemical cell.
The patent in view of Ruth still fails to disclose iv) a first carbonaceous coating contacting the inner surface of the metallic lid; a glass to metal seal with the inner surface of the titanium base plate, vii) a metallic base layer connected to the inner surface of the titanium base plate, wherein the base layer is selected from aluminum, platinum, gold, tantalum and Pt/Ir; and
viii) a second carbonaceous coating contacting the metallic base layer opposite the titanium base plate; contacting the first carbonaceous coating, contacting the second carbonaceous coating, in turn contacting the metallic base layer opposite the titanium base plate.
Tischendorf discloses vi) a ring-shaped (Fig. 2) sealing glass (annotated Fig. 2; 28; [0017]) in a glass ([0017])-to-metal (“titanium”; [0020]) seal ([0017]) relationship with the inner surface (annotated Fig. 2; BPIS) of a titanium base plate (Fig. 2; 12, 14)
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It would have been obvious to one of ordinary skill in the art to have modified the patent in view of Ruth by adding the glass to metal seal to the inner surface of the titanium base plate in order to predictably seal the electrochemical cell as taught by Tischendorf ([0012]).
The patent in view of Ruth and Tischendorf still fails to disclose iv) a first carbonaceous coating contacting the inner surface of the metallic lid; vii) a metallic base layer connected to the inner surface of the titanium base plate, wherein the base layer is selected from aluminum, platinum, gold, tantalum and Pt/Ir; and
viii) a second carbonaceous coating contacting the metallic base layer opposite the titanium base plate; contacting the first carbonaceous coating, contacting the second carbonaceous coating, in turn contacting the metallic base layer opposite the titanium base plate.
Yura (US 20210043919 A1) discloses a secondary electrochemical cell (“lithium secondary battery”; [0030]; Fig. 1; 10) comprising:
iv) a first carbonaceous coating (“carbon layer”; [0058]; Fig. 1; 17) contacting an inner surface (Fig. 1; inner surface of 24b; [0058] teaches that collector 18 is an optional feature and may be excluded) of a lid (Fig. 1; 24b);
vii) a metallic (“aluminum”; [0058]) base layer (Fig. 1; 14)
wherein the base layer (14) is selected from aluminum
viii) a second carbonaceous coating (Fig. 1; 13) contacting the metallic base layer (14) opposite a base plate (Fig. 1; 24a) ; and
i) an anode active material (Fi. 1; 16) contacting the first carbonaceous coating (17) in turn contacting a metallic lid (Fig. 1; 24b) serving as a negative terminal (“negative electrode can”; [0058]) for the cell (10);
ii) a cathode active material (Fig. 1; 12) contacting the second carbonaceous coating (13) in turn contacting the metallic base layer (14) opposite the base plate (24a) so that the base plate (24a) serves as a positive terminal (“positive electrode can”; [0058]) for the cell (10).
It would have been obvious to one of ordinary skill in the art to have modified the patent in view of Ruth and Tischendorf by adding the first and second carbonaceous coatings and metallic base layer of Yura to the device of the patent in view of Ruth and Tischendorf such that the device comprised:
iv) a first carbonaceous coating contacting the inner surface of the metallic lid;
vii) a metallic base layer
wherein the base layer is selected from aluminum, and
viii) a second carbonaceous coating contacting the metallic base layer opposite the titanium base plate; and
i) the anode active material contacting the first carbonaceous coating in turn contacting the metallic lid serving as a negative terminal for the cell;
ii) the cathode active material contacting the second carbonaceous coating in turn contacting the metallic base layer opposite the titanium base plate so that the titanium base plate serves as a positive terminal for the cell.
In doing so one of ordinary skill in the art would reasonably expect to reduce the contact resistance of the electrodes as taught by Yura ([0058]).
Regarding claim 3, the patent in view of Ruth, Tischendorf and Yura discloses wherein the titanium base plate has an annular channel that is spaced inwardly from the base plate peripheral edge, the annular channel extending part-way into the base plate thickness from the base plate inner surface, and wherein the sealing glass resides in the annular channel to form the glass- to-metal seal with the inner surface of the base plate and to form the glass-to-ceramic seal with the dielectric material coating the lower edge of the metallic annular sidewall (claim 2).
Regarding claim 4, the patent in view of Ruth, Tischendorf and Yura discloses wherein the sealing glass forms the glass-to-ceramic seal with the dielectric material coating the lower edge of the metallic annular sidewall and coating the inner and outer surfaces of the annular sidewall (claim 3).
Regarding claim 5, the patent in view of Ruth, Tischendorf and Yura discloses wherein the dielectric material is an alumina (claim 4).
Regarding claim 6, the patent in view of Ruth, Tischendorf and Yura discloses wherein an annulus resides between the inner surface of the metallic annular sidewall adjacent to an outer annular edge of the electrode assembly, and wherein the electrolyte fill port is axially aligned with the annulus (claim 6).
Regarding claim 7, the patent in view of Ruth, Tischendorf and Yura discloses wherein the inner surface of the metallic annular sidewall is provided with a step, and wherein the metallic lid is seated on the step (claim 7).
Regarding claim 8, the patent in view of Ruth, Tischendorf and Yura discloses wherein the outer surface (“upper surface”) of the metallic lid is substantially co-planar with the upper edge of the metallic annular sidewall (claim 8).
Regarding claim 9, the patent in view of Ruth, Tischendorf and Yura discloses wherein the electrolyte fill port is either welded closed or provided with a closure plug that is welded to the metallic lid to hermetically seal the fill port (claim 9).
Regarding claim 10, the patent in view of Ruth, Tischendorf and Yura discloses wherein a lid recess extends inwardly from the lid outer surface part-way into the lid thickness to thereby provide an annular rim extending between the lid peripheral edge and the lid recess, and wherein a weld connects the metallic lid to the metallic annular sidewall with the welded annular rim at least partially filled into a gap between the lid and the annular sidewall (claim 10).
Regarding claim 11, the patent in view of Ruth, Tischendorf and Yura discloses wherein the anode active material is selected from coke, graphite, acetylene black, carbon black, glass carbon, hairy carbon, LiaTisOl2, lithiated silver vanadium oxide, lithiated copper silver vanadium oxide, lithiated copper sulfide, lithiated iron sulfide, lithiated iron disulfide, lithiated titanium disulfide, lithiated copper vanadium oxide, LixCuWAgyV2OZ with 0.5 -x< 4.0, 0.01 < w S 1.0, 0.01 y < 1.0 and 5.01 < z v 6.5, lithium, and mixtures thereon, and wherein the cathode active material is selected from lithium nickel manganese cobalt oxide (LiNiaMnbCol-a-bO2), LiCoO2, LiNiO2, LiMnO2, TiS, FeS, FeS2, CFx,Ag2O, Ag2O2, Ag2CrO4, silver vanadium oxide (SVO), copper silver vanadium oxide (CSVO), V20s, MnO2, and mixtures thereof (claim 11).
Regarding claim 13, the patent discloses in claim 13, an electrochemical cell comprising:
a) a casing, comprising:
i) a metallic annular sidewall extending to an upper edge spaced from a lower edge, the annular sidewall having an outer surface spaced from an inner surface;
ii) an alumina coating the lower edge and at least a portion of the inner surface of the metallic annular sidewall;
iii) a metallic lid having a lid thickness extending to a lid inner surface (“lower surface”) spaced apart from a lid outer surface (“upper surface”), the lid closing the upper edge of the annular sidewall, wherein the lid has a hermetically sealed electrolyte fill port extending through the lid thickness;
v) a metallic base plate
vi) a ring-shaped sealing glass in a glass-to-metal seal relationship with the metallic base plate and in a glass-to-ceramic seal relationship with the dielectric material coating the lower edge of the metallic annular sidewall; and
b) an electrode assembly housed inside the casing,
the electrode assembly comprising:
i) an anode active material in turn contacting the lid serving as a negative terminal for the cell (“electrical continuity with the metallic lid serving as one terminal for the cell”);
ii) a cathode active material, the base plate serves as a positive terminal for the cell (“electrical continuity with the metallic base plate serving as the other terminal for the cell”); and
iii) a separator intermediate the anode and cathode active materials; and
c) an electrolyte housed in the casing in contact with the electrode assembly.
Regarding the limitation, “having a base plate thickness defined by a base plate peripheral edge extending to a base plate inner surface spaced from a base plate outer surface”, the examiner notes that a plate naturally possesses a peripheral edge extending to an inner surface spaced apart from an outer surface and therefore a dimension, i.e. a base plate thickness, defined by these features is also naturally present.
The patent fails to disclose that the cell is secondary, iv) a first carbonaceous coating contacting the inner surface of the metallic lid; titanium, seal with the inner surface of the titanium base plate, vii) an aluminum base layer connected to the inner surface of the titanium base plate,
viii) a second carbonaceous coating contacting the metallic base layer opposite the titanium base plate; contacting the first carbonaceous coating, contacting the second carbonaceous coating, in turn contacting the metallic base layer opposite the titanium base plate.
Ruth ( US 20010046625 A1) discloses a secondary ([0001]) electrochemical cell (Fig. 1; 1) comprising a titanium ([0008]) base plate (Fig. 1; 3).
It would have been obvious to one of ordinary skill in the art to have modified the patent by making the electrochemical cell secondary, and the base plate titanium as taught by Ruth because Ruth teaches that a secondary chemistry and a titanium material are suitable for use in an electrochemical cell.
The patent in view of Ruth still fails to disclose iv) a first carbonaceous coating contacting the inner surface of the metallic lid; a glass to metal seal with the inner surface of the titanium base plate, vii) an aluminum base layer connected to the inner surface of the titanium base plate, and
viii) a second carbonaceous coating contacting the aluminum base layer opposite the titanium base plate; contacting the first carbonaceous coating, contacting the second carbonaceous coating, in turn contacting the aluminum base layer opposite the titanium base plate.
Tischendorf discloses vi) a ring-shaped (Fig. 2) sealing glass (annotated Fig. 2; 28; [0017]) in a glass ([0017])-to-metal (“titanium”; [0020]) seal ([0017]) relationship with the inner surface (annotated Fig. 2; BPIS) of a titanium base plate (Fig. 2; 12, 14)
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It would have been obvious to one of ordinary skill in the art to have modified the patent in view of Ruth by adding the glass to metal seal to the inner surface of the titanium base plate in order to predictably seal the electrochemical cell as taught by Tischendorf ([0012]).
The patent in view of Ruth and Tischendorf still fails to disclose iv) a first carbonaceous coating contacting the inner surface of the metallic lid; vii) an aluminum base layer connected to the inner surface of the titanium base plate,
viii) a second carbonaceous coating contacting the aluminum base layer opposite the titanium base plate; contacting the first carbonaceous coating, contacting the second carbonaceous coating, in turn contacting the aluminum base layer opposite the titanium base plate.
Yura (US 20210043919 A1) discloses a secondary electrochemical cell (“lithium secondary battery”; [0030]; Fig. 1; 10) comprising:
iv) a first carbonaceous coating (“carbon layer”; [0058]; Fig. 1; 17) contacting an inner surface (Fig. 1; inner surface of 24b; [0058] teaches that collector 18 is an optional feature and may be excluded) of a lid (Fig. 1; 24b);
vii) an aluminum ( [0058]) base layer (Fig. 1; 14)
wherein the base layer (14) is selected from aluminum
viii) a second carbonaceous coating (Fig. 1; 13) contacting the metallic base layer (14) opposite a base plate (Fig. 1; 24a) ; and
i) an anode active material (Fi. 1; 16) contacting the first carbonaceous coating (17) in turn contacting a metallic lid (Fig. 1; 24b) serving as a negative terminal (“negative electrode can”; [0058]) for the cell (10);
ii) a cathode active material (Fig. 1; 12) contacting the second carbonaceous coating (13) in turn contacting the metallic base layer (14) opposite the base plate (24a) so that the base plate (24a) serves as a positive terminal (“positive electrode can”; [0058]) for the cell (10).
It would have been obvious to one of ordinary skill in the art to have modified the patent in view of Ruth and Tischendorf by adding the first and second carbonaceous coatings and aluminum base layer of Yura to the device of the patent in view of Ruth and Tischendorf such that the device comprised:
iv) a first carbonaceous coating contacting the inner surface of the metallic lid;
vii) an aluminum base layer
viii) a second carbonaceous coating contacting the metallic base layer opposite the titanium base plate; and
i) the anode active material contacting the first carbonaceous coating in turn contacting the metallic lid serving as a negative terminal for the cell;
ii) the cathode active material contacting the second carbonaceous coating in turn contacting the aluminum base layer opposite the titanium base plate so that the titanium base plate serves as a positive terminal for the cell.
In doing so one of ordinary skill in the art would reasonably expect to reduce the contact resistance of the electrodes as taught by Yura ([0058]).
Regarding claim 15, the patent in view of Ruth, Tischendorf and Yura discloses wherein the titanium base plate has an annular channel that is spaced inwardly from the base plate peripheral edge, the annular channel extending part-way into the base plate thickness from the base plate inner surface, and wherein the sealing glass resides in the annular channel to form the glass- to-metal seal with the inner surface of the base plate and to form the glass-to-ceramic seal with the alumina coating the lower edge and the inner and outer surfaces of the annular sidewall (claim 14).
Regarding claim 16, the patent in view of Ruth, Tischendorf and Yura discloses wherein an annulus resides between the inner surface of the metallic annular sidewall adjacent to an outer annular edge of the electrode assembly, and wherein the electrolyte fill port is axially aligned with the annulus (claim 16).
Regarding claim 17, the patent in view of Ruth, Tischendorf and Yura discloses wherein a lid recess extends inwardly from the lid upper surface part-way into the lid thickness to thereby provide an annular rim extending between the outer peripheral edge of the lid and the lid recess, and wherein a weld connects the metallic lid to the metallic annular sidewall with the welded annular rim at least partially filled into a gap between the lid and the annular sidewall (claim 17).
Allowable Subject Matter
Claims 1-17 and 21-22 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of potential allowable subject matter:
Regarding claims 1 and 13, the closest prior art of record is Tischendorf (US 20140087239 A1) which discloses a secondary ([0005]) electrochemical cell (Fig. 2; 30) comprising:
a) a casing (Fig. 2; 12, 14, 22, 31, 32), comprising:
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i) a metallic (“titanium, stainless steel, niobium, aluminum, alloys”; [0020]) annular sidewall (Fig. 2; 32) extending to an upper edge (annotated Fig. 2; UE) spaced from a lower edge (annotated Fig. 2; LE), the annular sidewall (32) having an outer surface (annotated Fig. 2; OS) spaced from an inner surface (annotated Fig. 2; IS, LE);
iii) a metallic (“titanium, stainless steel, niobium, aluminum, alloys”; [0020]) lid (Fig. 2; 31) having a lid thickness (annotated Fig. 3; LT) defined by a lid peripheral edge (annotated Fig. 3; LPE) extending to a lid inner surface (annotated Fig. 3; LIS) spaced from a lid outer surface (annotated Fig. 3; LOS), the lid (31) closing the upper edge (UE) of the annular sidewall (32),
v) a titanium (“titanium”; [0020]) base plate (Fig. 2; 12, 14) having a base plate thickness (annotated Fig. 2; BPT) defined by a base plate peripheral edge (annotated Fig. 2; BPPE) extending to a base plate inner surface (annotated Fig. 2; BPIS) spaced from a base plate outer surface (annotated Fig. 2; BPOS);
vi) a ring-shaped (Fig. 2) sealing glass (annotated Fig. 2; 28; [0017]) in a glass ([0017])-to-metal (“titanium”; [0020]) seal ([0017]) relationship with the inner surface (BPIS) of the titanium base plate (12, 14)
vii) a base layer (Fig. 2; 22) connected to the inner surface (BPIS) of the titanium base plate (12, 14),
b) an electrode assembly (Fig. 2; 20, 24, 26) housed inside the casing (12, 14, 22, 31, 32), the electrode assembly (20, 24, 26) comprising:
i) an anode active material (Fig. 2; 24) contacting the metallic lid (31) serving as a negative terminal (Fig. 2; 31) for the cell (30);
ii) a cathode active material (Fig. 2; 20) contacting the base layer (22) opposite the titanium base plate (12, 14) so that the titanium base plate (12) serves as a positive terminal (Fig. 2; 12) for the cell (30); and
iii) a separator (Fig. 2; 26) intermediate the anode (24) and cathode (20) active materials; and
c) an electrolyte ([0002]; [0032]) housed in the casing (12, 14, 22, 31, 32) in contact with the electrode assembly (20, 24, 26).
Tischendorf fails to disclose
ii) a dielectric material coating the lower edge and at least a portion of the inner surface of the metallic annular sidewall;
wherein the lid has a hermetically sealed electrolyte fill port extending through the lid thickness;
iv) a first carbonaceous coating contacting the inner surface of the metallic lid;
the sealing glass in a glass-to-ceramic seal relationship with the dielectric material coating the lower edge of the metallic annular sidewall;
vii) a metallic base layer
wherein the base layer is selected from aluminum, platinum, gold, tantalum and Pt/Ir; and
viii) a second carbonaceous coating contacting the metallic base layer opposite the titanium base plate; and
i) the anode active material contacting the first carbonaceous coating in turn contacting the metallic lid serving as a negative terminal for the cell;
ii) the cathode active material contacting the second carbonaceous coating in turn contacting the metallic base layer opposite the titanium base plate so that the titanium base plate serves as a positive terminal for the cell.
Further, the prior art as a whole fails to disclose “a dielectric material coating the lower edge and at least a portion of the inner surface of the metallic annular sidewall” and “the sealing glass in a glass-to-ceramic seal relationship with the dielectric material coating the lower edge of the metallic annular sidewall” in combination with the other limitations of claims 1 and 13 and it would not have been obvious to one of ordinary skill in the art to have arrived at these features because no motivation to do so could be found in the prior art.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRACE A KENLAW whose telephone number is (571)272-1253. The examiner can normally be reached M-F 9:00 AM-6:00 PM.
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/G.A.K./Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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