Prosecution Insights
Last updated: April 19, 2026
Application No. 17/992,068

MANUFACTURING METHOD FOR LITHIUM ION SECONDARY BATTERY

Final Rejection §103§112
Filed
Nov 22, 2022
Examiner
HEMINGWAY, TIMOTHY G
Art Unit
1754
Tech Center
1700 — Chemical & Materials Engineering
Assignee
Toyota Jidosha Kabushiki Kaisha
OA Round
2 (Final)
41%
Grant Probability
Moderate
3-4
OA Rounds
2y 7m
To Grant
57%
With Interview

Examiner Intelligence

Grants 41% of resolved cases
41%
Career Allow Rate
29 granted / 70 resolved
-23.6% vs TC avg
Strong +16% interview lift
Without
With
+15.7%
Interview Lift
resolved cases with interview
Typical timeline
2y 7m
Avg Prosecution
57 currently pending
Career history
127
Total Applications
across all art units

Statute-Specific Performance

§101
0.2%
-39.8% vs TC avg
§103
54.0%
+14.0% vs TC avg
§102
16.8%
-23.2% vs TC avg
§112
25.4%
-14.6% vs TC avg
Black line = Tech Center average estimate • Based on career data from 70 resolved cases

Office Action

§103 §112
DETAILED ACTION The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA . Response to Amendment In response to the amendment received 7/22/2025, the 35 U.S.C. 102 rejections of claims 1-2 and 35 U.S.C. 103 rejections of 3-4 have been withdrawn from the previous office action. Claim Objections Applicant is advised that should claim 12 be found allowable, claim 13 will be objected to under 37 CFR 1.75 as being a substantial duplicate thereof. When two claims in an application are duplicates or else are so close in content that they both cover the same thing, despite a slight difference in wording, it is proper after allowing one claim to object to the other as being a substantial duplicate of the allowed claim. See MPEP § 608.01(m). Claim 10 objected to because of the following informalities: Claim 10 recites "initial-charge voltage" which should be amended to read "initial charging voltage" in order to improve claim limitation consistency. 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. Claim 15 is 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 15 recites “the electrode” on line 3 of the claim. There is insufficient antecedent basis for this limitation in the claim. 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. Claim(s) 1-3, 5, and 14-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20170133705A1, hereafter Niwa, in view of Published Application US20230142076A1, hereafter Shaffer, and further in view of Published Application US20210273289A1, hereafter Torres. Regarding claim 1, Niwa discloses a manufacturing method ([0032]) for a lithium ion secondary battery ([0029] lithium ion secondary battery) comprising: Providing ([0032] laminating) an electrode assembly (4) including a positive electrode layer (6), a separator (8), and a negative electrode layer (7); assembling ([0032]) a battery cell (1) by enclosing the electrode assembly (4) and an electrolytic solution ([0032] liquid electrolyte injected into exterior body 5) in an exterior body (5); and stacking a bag-shaped member (12) and the battery cell (1) alternately (Fig 3) and performing initial charging until a voltage reaches an initial charging voltage ([0047] predetermined charging of battery cells 1) while restricting the battery cell (1) at a constant pressure ([0047] performed under pressurized state; [0046] pressure kept by check valve 29) along a stacking direction of the battery cell (1) ([0046 pressurized in the thickness direction), wherein a fluid (the present specification discloses that the fluid can be a gas [0036]) is enclosed in the bag-shaped member (12) ([0039] spacer 12 forms a bag shape into which air can be introduced). Niwa is silent on monitoring a temperature of the fluid enclosed in the bag-shaped member; and stopping the initial charging when the temperature of the fluid exceeds a threshold temperature during the initial charging. In the analogous art of battery manufacturing, Shaffer discloses stopping the charging when the temperature of the battery exceeds a threshold temperature during the charging ([0078] stopping further electrical flow and shutting down unsafe reactions within the battery in response to excessively high temperature that may be unsafe for continued battery operation). Shaffer further notes the problem of thermal runaway and swelling and built up pressure inside the battery cell due to excessive heat during formation/initial charging, leading to mechanical distortion of components that can result in leaks and short circuiting ([0006]). In the analogous art of secondary batteries, Torres discloses monitoring a temperature of the fluid enclosed in the bag-shaped member ([0049] temperature sensor to sense fluid temperature of pressurized fluid reservoir). Torres further discloses the constraining of the cells during the initial charging is to combat swelling during that process ([0003]), which is a result of excessive heat generation in the cells, as known from Shaffer ([0006]). The examiner further notes the fluid temperature is necessarily indicative of a battery temperature, since the temperature of the bladder will increase as the battery temperature increases by conduction. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Niwa with the temperature monitoring of the fluid as disclosed by Torres in order to monitor the temperature of the battery during initial charging to detect thermal runaway, which is a problem known from Shaffer. It would further have been obvious to stop the initial charging in response to the temperature of the fluid reaching too high a level, as this factor may be indicative of thermal runaway, in order to prevent damage to the battery that can result in leaks and short circuiting, as suggested by Shaffer. Regarding claim 2, Niwa discloses wherein a pressure control mechanism (21) that controls a pressure of the bag-shaped member is further provided ([0039] air introducing port 21 introduces and discharges the air inside spacer 12). Regarding claim 3, Niwa is silent on wherein a temperature adjustment mechanism that adjusts a temperature of the battery cell is further provided. Torres discloses wherein a temperature adjustment mechanism that adjusts a temperature of the battery cell is further provided ([0049] thermo-electric cooling device to maintain a set fluid temperature. Shaffer further notes the problem of thermal runaway and swelling and built up pressure inside the battery cell due to excessive heat during formation/initial charging, leading to mechanical distortion of components that can result in leaks and short circuiting ([0006]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Niwa to include a temperature adjustment mechanism as disclosed by Torres in order to combat the negative effects of excessive heat during formation, by controlling the temperature of the cell through thermal cycling, as suggested by Shaffer ([0007]), and since control of the fluid temperature in the bladder necessarily also controls the temperature of the battery, since the bladder (and fluid) is thermally connected to the battery by conduction. Regarding claim 5, Niwa is silent on wherein the constant pressure applied to the battery cell is in a range of 10kPa or more and 50kPa or less. Torres discloses wherein the constant pressure applied to the battery cell is in a range of 10kPa or more and 50kPa or less ([0054] 3-6 psi (20.7-41.4 kPa) supplied to fixture, which includes the pillars 20 which are pressing on the battery cells 90). Torres further discloses the fluid pressure supplied to the bladders can vary depending on bladder material, battery cell composition, etc. ([0054]). As the security of the cells and the suppression of expansion of the cells is/are variable(s) that can be modified, among others, by adjusting the fluid pressure in the bladder, with the security and suppression of expansion of the cells increasing as the fluid pressure in the bladder is increased, the fluid pressure in the bladder would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the present invention. As such, without showing unexpected results, the claimed pressure applied to the battery cell cannot be considered critical. Accordingly, one of ordinary skill in the art, before the effective filing date of the present invention, would have optimized, by routine experimentation, the pressure applied to the battery cell in the invention of Niwa to obtain the desired security of the cells and suppression of expansion of the cells (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)) to a pressure such as 20.7-41.4 kPa as disclosed by Torres, since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223). Regarding claim 14, Niwa discloses coolant is enclosed in the bag-shaped member ([0039] air is introduced into spacer 12). Torres discloses wherein a chiller is connected to the bag-shaped member as the temperature adjustment mechanism ([0049] thermo-electric cooling device). Regarding claim 15, modified Niwa discloses wherein the fluid generates isotropic pressure (implicit, since a fluid presses in all directions equally), and when the battery cell is interposed between the bag-shaped members, the restraining pressure is uniformly applied to the electrode assembly of the battery cell ([0038] flat side surfaces of spacer 12 of Niwa adjacent to the battery containing the electrode assembly; [0038] material of spacer 12 expands and contracts in the thickness direction; [0038] pressurizes both side surfaces of battery cell 1 in thickness direction P; thus, when pressurized, flat sides of spacer 12 expand against contiguous battery cell 1 surfaces in a uniform manner). Regarding claim 16, modified Niwa further discloses wherein the bag-shaped member absorbs a change in the thickness of the battery cell during the initial charging and a constant pressure constraint is achieved ([0010] using the same pressurization device for multiple battery cells having different thicknesses to maintain battery cell positions with respect to the housing of the pressurization device). Claim(s) 4 and 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20170133705A1, hereafter Niwa, in view of Published Application US20230142076A1, hereafter Shaffer, in view of Published Application US20210273289A1, hereafter Torres, further in view of Foreign Publication WO2020047228A1, hereafter Liu, and further in view of Published Application US20230124344A1, hereafter Perera. Regarding claim 4, Niwa discloses a manufacturing method ([0032]) for a lithium ion secondary battery ([0029] lithium ion secondary battery) comprising: Providing ([0032] laminating) an electrode assembly (4) including a positive electrode layer (6), a separator (8), and a negative electrode layer (7); assembling ([0032]) a battery cell (1) by enclosing the electrode assembly (4) and an electrolytic solution ([0032] liquid electrolyte injected into exterior body 5) in an exterior body (5); and stacking a bag-shaped member (12) and the battery cell (1) alternately (Fig 3) and performing initial charging until a voltage reaches an initial charging voltage ([0047] predetermined charging of battery cells 1) while restricting the battery cell (1) at a constant pressure ([0047] performed under pressurized state; [0046] pressure kept by check valve 29) along a stacking direction of the battery cell (1) ([0046 pressurized in the thickness direction), wherein a fluid (the present specification discloses that the fluid can be a gas [0036]) is enclosed in the bag-shaped member (12) ([0039] spacer 12 forms a bag shape into which air can be introduced), wherein a fluid discharge mechanism that discharges the fluid in the bag-shaped member is provided ([0039] air introducing port 21 introduces and discharges the air inside spacer 12), and that the fluid inside the spacer is used to apply pressure to the battery cells during initial charging ([0010] cells are pressurized by expanding the spacers alternately arranged with the battery cells). Niwa is silent on monitoring a temperature of the fluid enclosed in the bag-shaped member, wherein the fluid in the bag-shaped member is coolant, the coolant is water, and wherein the fluid discharge mechanism discharges the fluid in the bag-shaped member when a temperature of the battery cell exceeds a threshold temperature. In the analogous art of battery manufacturing, Shaffer discloses the use of a water coolant ([0091] heat exchange fluid may be water), as well as the problem of thermal runaway and swelling and built up pressure inside the battery cell due to excessive heat during formation/initial charging, leading to mechanical distortion of components that can result in leaks and short circuiting ([0006]). In the analogous art of secondary batteries, Torres discloses monitoring a temperature of the fluid enclosed in the bag-shaped member ([0049] temperature sensor to sense fluid temperature of pressurized fluid reservoir). Torres further discloses the constraining of the cells during the initial charging is to combat swelling during that process ([0003]), which is a result of excessive heat generation in the cells, as known from Shaffer ([0006]). The examiner further notes the fluid temperature is necessarily indicative of a battery temperature, since the temperature of the bladder will increase as the battery temperature increases by conduction. It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Niwa with the temperature monitoring of the fluid as disclosed by Torres in order to monitor the temperature of the battery during initial charging to detect thermal runaway, which is a problem known from Shaffer. In the analogous art of secondary batteries, Liu discloses the use of a liquid selected to provide heat conduction properties as the fluid of the bladder (Page 27 lines 1-10, bladder 95 may be inflated with a liquid, and the fluid may be selected to provide heat conduction properties). In the analogous art of lithium ion battery compression during initial charging, Perera discloses wherein a fluid discharge mechanism that discharges the fluid in the bag-shaped member when a temperature of the battery cell exceeds a threshold temperature is further provided ([0127] sensor 910 ([0126] sensor 910 is thermistor) detects change and sends information to control circuitry 900 which calculates difference with regard to initial or threshold value, and controls actuator 912 to implement a change in the bladder to adjust pressure), and wherein the fluid in the bladder may be a liquid ([0042] elastic member may comprise a hydraulic bladder). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Niwa to select a bladder fluid such as water based on its heat conduction properties as suggested by Liu and as a matter of selection of a known material based on its suitability for the intended purpose (MPEP 2144.07), and further to discharge the fluid from the spacer (12) through the air introducing port (21) when the temperature of the battery exceeds a threshold temperature, as disclosed by Perera, in order to control the temperature during the formation process to avoid the problems of thermal runaway and excessive swelling, as disclosed by Shaffer ([0007]), since the water in the spacer (12) will be heated by the adjacent battery cell (1), and so the released water would allow excess heat to leave the cell through the spacer and be discharged. Regarding claim 17, modified Niwa discloses wherein based on a temperature abnormality (examiner considers this term to be inclusive of temperature exceeding a threshold) occurring in the battery cell (Perera [0127] temperature threshold responsive control circuitry 910 controls actuator 910 to implement a change in the bladder to adjust the pressure), a valve of the bag-shaped member is opened (Niwa [0037] check valve 39 opened to bleed fluid from spacers 12), and the battery cell is cooled by the coolant (as stated in the rejection of claim 4, this is the effect of discharging heated fluid from the bladder – the heated fluid being removed will lower the temperature of the bladder, and allow the bladder and fluid to absorb more heat before discharging more fluid). Claim(s) 6-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20170133705A1, hereafter Niwa, in view of Published Application US20230142076A1, hereafter Shaffer, in view of Published Application US20210273289A1, hereafter Torres, as stated above in the rejection of claim 1, and further in view of Published Application US20230124344A1, hereafter Perera. Regarding claim 6, Niwa discloses wherein the material of the bag-shaped member includes rubber sheets including a fabric fiber ([0038]). Niwa is silent on wherein the material of the bag-shaped member includes polypropylene sheet that is composited with paper, a nylon fabric or a polyester fabric coated with a silicone resin, or neoprene rubber reinforced with aramid. In the analogous art of secondary batteries, Perera discloses wherein the material of the bag-shaped member includes polypropylene sheet that is composited with paper ([0028] interfacial material improves uniformity of pressure applied to battery; [0058] interfacial material can be hydraulic bladder; [0159] interfacial material one or more of polyethylene sheet, and paper). It would have been obvious to one of ordinary skill in the art, to further modify the spacer material of Niwa with the polypropylene sheet and paper composite material disclosed by Perera as a matter of the selection of a known material based on its suitability for the intended use (MPEP 2144.07). Regarding claims 7-9, Niwa is silent on wherein the initial charging voltage is 1V or more and 5V or less; 1.5V or more and 4.5V or less; or 2V or more and 4V or less. In the analogous art of secondary batteries, Perera discloses wherein the initial charging voltage is 4.2 V. As the state of charge of the battery is/are variable(s) that can be modified, among others, by adjusting the initial charging voltage, with the state of charge increasing as the initial charging voltage is increased, the initial charging voltage would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the present invention. As such, without showing unexpected results, the claimed initial charging voltage cannot be considered critical. Accordingly, one of ordinary skill in the art, before the effective filing date of the present invention, would have optimized, by routine experimentation, the initial charging voltage in the invention of Niwa to obtain the desired state of charge of the battery, such as an initial charging voltage of 2-4 V (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223). Regarding claim 10, Perera further discloses wherein the initial-charge voltage is adjusted by constant-charge and is about 0.1C or more and 10C or less ([0118] charging at the rate of C/2 (0.5C) then holding at the charge voltage; constant-charge means constant voltage charging). Claim(s) 11-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20170133705A1, hereafter Niwa, in view of Published Application US20230142076A1, hereafter Shaffer, and further in view of Published Application US20210273289A1, hereafter Torres, and further in view of Published Application US20170040641A1, hereafter Yamasaki. Regarding claim 11, Niwa is silent on wherein the initial charging is performed at constant current until a predetermined voltage is reached from the start of charging. In the analogous art, Yamasaki discloses wherein the initial charging is performed at constant current until a predetermined voltage is reached from the start of charging ([0059] constant current charging to a predetermined voltage). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Niwa to use the known technique of constant current charging until reaching a predetermined voltage as disclosed by Yamasaki to improve the known method of manufacturing a battery as disclosed by modified Niwa, as the combination would have yielded the predictable result of charging the battery to one skilled in the art (MPEP 2143 (I) (A)). Regarding claim 12, Niwa is silent on wherein the initial charging is performed by constant current-constant voltage charging in which charging is performed at a constant voltage for a predetermined period of time. In the analogous art, Yamasaki discloses wherein the initial charging is performed at constant current-constant voltage charging in which charging is performed at a constant voltage for a predetermined period of time ([0060] CC-CV charging). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Niwa to use the known technique of constant current-constant voltage charging as disclosed by Yamasaki to improve the known method of manufacturing a battery as disclosed by modified Niwa, as the combination would have yielded the predictable result of charging the battery to one skilled in the art (MPEP 2143 (I) (A)). Regarding claim 13, Niwa is silent on wherein the initial charging is performed by constant current-constant voltage charging in which charging is performed at a constant voltage for a predetermined period of time. In the analogous art, Yamasaki discloses wherein the initial charging is performed at constant current-constant voltage charging in which charging is performed at a constant voltage for a predetermined period of time ([0060] CC-CV charging). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to further modify the invention of Niwa to use the known technique of constant current-constant voltage charging as disclosed by Yamasaki to improve the known method of manufacturing a battery as disclosed by modified Niwa, as the combination would have yielded the predictable result of charging the battery to one skilled in the art (MPEP 2143 (I) (A)). Response to Arguments Applicant’s arguments with respect to claim(s) 1 and 4 have been considered but are moot in view of the new 35 U.S.C. 103 rejections of claims 1-17. Conclusion Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a). A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action. Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY HEMINGWAY whose telephone number is (571)272-0235. The examiner can normally be reached M-Th 6-4. Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice. If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at (571) 270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300. Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000. /T.G.H./Examiner, Art Unit 1754 /SUSAN D LEONG/ Supervisory Patent Examiner, Art Unit 1754
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Prosecution Timeline

Nov 22, 2022
Application Filed
Apr 18, 2025
Non-Final Rejection — §103, §112
Jul 22, 2025
Response Filed
Oct 21, 2025
Final Rejection — §103, §112 (current)

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Study what changed to get past this examiner. Based on 5 most recent grants.

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Prosecution Projections

3-4
Expected OA Rounds
41%
Grant Probability
57%
With Interview (+15.7%)
2y 7m
Median Time to Grant
Moderate
PTA Risk
Based on 70 resolved cases by this examiner. Grant probability derived from career allow rate.

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