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 .
Response to Arguments
Applicant’s arguments with respect to the amended recitation in claim(s) 1-2 and 6-7 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.
In response to applicant's argument that the references fail to show certain features of the invention, it is noted that the features upon which applicant relies (i.e., “Claims 1-7 of this present invention indicates the method to depress a dendrite on a negative electrode active material electrode. Thus, there is a difference between Claims 1-7 and Tsujikawa”, page 7 of remarks) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993).
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1-7 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
Regarding claim 1, the amended recitation “the negative electrode of the energy storage device can totally contain a number of Li ions more than a positive electrode of the energy storage device” is not described in the specification as originally filed. Applicant cites paragraphs 0046-0050 as support for the amended recitation. However, while said paragraphs disclose the structure of the positive and negative electrodes, said paragraphs do not disclose the negative electrode “can totally contain a number of Li ions more than a positive electrode”. Therefore, said recitation constitutes new matter.
Independent claims 2, 6, and 7 are amended to include similar recitations as the amended recitation in claim 1, and are therefore rejected for the same reasons as independent claim 1.
Claims 3-5 are dependent from claim 1 and are therefore rejected for the same reasons as independent claim 1.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-3 and 6-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over TSUJIKAWA (JP2011029010A; cited on IDS; cited in previous office action; English machine translation was included with previous office action) in view of MASARAPU (US Pub. No. 2014/0065464).
Regarding claim 1, TSUJIKAWA discloses a control device (5, Fig. 1; ¶ 0019: battery pack management unit 5 analyzes the cell status received from the cell controller 4, and monitors and analyzes the battery pack status such as the charging current, discharging current, and total voltage of the battery pack 3) comprising a control unit (56, Fig. 3; ¶ 0019: the device mainly comprises… a central processing unit 56) that terminates discharge of an energy storage device (3, Fig. 1; ¶ 0016: lithium-ion secondary battery system 1 comprises a plurality of lithium-ion cells (lithium-ion secondary batteries) 2, which are single cells that discharge and supply power to a load equipment 102, connected in series to form a battery pack 3) including a negative electrode that contains Li during charge and releases Li during discharge (¶ 0016: lithium-ion secondary battery system 1 comprises a plurality of lithium-ion cells (lithium-ion secondary batteries) 2, which are single cells that discharge and supply power to a load equipment 102, connected in series to form a battery pack 3; it is known that the negative electrode (anode) collects lithium ions during charging and releases lithium ions during discharging) in a case where a capacity limit amount based on a capacity of discharge and an amount of charge is reached, or in a case where voltage reaches termination voltage larger than lower limit voltage (¶ 0036: there is little need to set the second protection voltage VL3 to a voltage higher than the minimum voltage required to protect cell 2, but depending on the surrounding environment, it may be set to a slightly higher voltage) of a voltage range in which charge and discharge can be reversibly repeated (¶ 0034: if the voltage of any cell 2 becomes lower than the second protection voltage VL3 (if "N" in step S8), the central processing unit 56 turns off the first switch 81, and the power supply to the cell controller 4 and the battery pack management unit 5 is stopped (step S9); ¶ 0035: if the voltage (open circuit voltage) of the lithium-ion cell 2 becomes lower than the second protection voltage VL3, there is a risk that the cell 2 will not be charged even when recovery charging is performed, or that problems such as abnormal heat generation will occur, and the second protection voltage VL3 is set to such a voltage threshold).
TSUJIKAWA fails to disclose the negative electrode of the energy storage device can totally contain a number of Li ions more than a positive electrode of the energy storage device.
MASARAPU discloses the negative electrode of the energy storage device can totally contain a number of Li ions more than a positive electrode of the energy storage device (¶ 0033: commercial lithium-based secondary batteries have generally avoided the deposition of lithium metal through the use of a negative electrode active material that operates through intercalation/alloying or the like above the lithium deposition voltage and with a slight excess in negative electrode capacity relative to the cathode or positive electrode; ¶ 0040: In more traditional balancing of the anode and cathode, excess anode is used to avoid deposition of lithium metal during charging since the deposition of lithium metal generally is associated with the failure of the battery due to breach of the separator; ¶ 0136: the energy density of the battery can be relatively higher if the cycling capacities of the two electrodes at a low rate over the full activation depth of discharge are balanced with a small to moderate excess of negative electrode capacity. In general, an excess of positive electrode capacity with available cycling lithium may be undesirable since lithium metal can plate on the negative electrode during charging, and the plated metal can compromise the electrical separation of the electrodes to short circuit the cell; ¶ 0144: the drop in capacity with cycling of the negative electrode is generally greater than for the positive electrode, so that the avoidance of lithium metal deposition with cycling suggests a greater excess capacity of the negative electrode to further stabilize cycling).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate the negative electrode can totally contain a number of Li ions more than a positive electrode as disclosed in MASARAPU into the control device of TSUJIKAWA to produce an expected result of a control device for an energy storage device including a negative electrode totally containing a number of Li ions more than a positive electrode. The modification would be obvious because one of ordinary skill in the art would be motivated to prevent deposition of lithium (MASARAPU, ¶ 0033) and thus increase battery lifespan.
Regarding claim 2, TSUJIKAWA discloses a control device (5, Fig. 1; ¶ 0019: battery pack management unit 5 analyzes the cell status received from the cell controller 4, and monitors and analyzes the battery pack status such as the charging current, discharging current, and total voltage of the battery pack 3) comprising a control unit (56, Fig. 3; ¶ 0019: the device mainly comprises… a central processing unit 56) that terminates discharge of an energy storage device (3, Fig. 1; ¶ 0016: lithium-ion secondary battery system 1 comprises a plurality of lithium-ion cells (lithium-ion secondary batteries) 2, which are single cells that discharge and supply power to a load equipment 102, connected in series to form a battery pack 3) including a negative electrode that contains Li during charge and releases Li to electrolyte solution during discharge (¶ 0016: lithium-ion secondary battery system 1 comprises a plurality of lithium-ion cells (lithium-ion secondary batteries) 2, which are single cells that discharge and supply power to a load equipment 102, connected in series to form a battery pack 3; it is known that the negative electrode (anode) collects lithium ions during charging and releases lithium ions during discharging) in a case where a capacity limit amount based on a capacity of discharge and an amount of charge is reached, or in a case where voltage reaches termination voltage larger than lower limit voltage (¶ 0036: there is little need to set the second protection voltage VL3 to a voltage higher than the minimum voltage required to protect cell 2, but depending on the surrounding environment, it may be set to a slightly higher voltage) of a voltage range in which charge and discharge can be reversibly repeated (¶ 0034: if the voltage of any cell 2 becomes lower than the second protection voltage VL3 (if "N" in step S8), the central processing unit 56 turns off the first switch 81, and the power supply to the cell controller 4 and the battery pack management unit 5 is stopped (step S9); ¶ 0035: if the voltage (open circuit voltage) of the lithium-ion cell 2 becomes lower than the second protection voltage VL3, there is a risk that the cell 2 will not be charged even when recovery charging is performed, or that problems such as abnormal heat generation will occur, and the second protection voltage VL3 is set to such a voltage threshold).
TSUJIKAWA fails to disclose the negative electrode of the energy storage device can totally contain a number of Li ions more than a positive electrode of the energy storage device.
MASARAPU discloses the negative electrode of the energy storage device can totally contain a number of Li ions more than a positive electrode of the energy storage device (¶ 0033: commercial lithium-based secondary batteries have generally avoided the deposition of lithium metal through the use of a negative electrode active material that operates through intercalation/alloying or the like above the lithium deposition voltage and with a slight excess in negative electrode capacity relative to the cathode or positive electrode; ¶ 0040: In more traditional balancing of the anode and cathode, excess anode is used to avoid deposition of lithium metal during charging since the deposition of lithium metal generally is associated with the failure of the battery due to breach of the separator; ¶ 0136: the energy density of the battery can be relatively higher if the cycling capacities of the two electrodes at a low rate over the full activation depth of discharge are balanced with a small to moderate excess of negative electrode capacity. In general, an excess of positive electrode capacity with available cycling lithium may be undesirable since lithium metal can plate on the negative electrode during charging, and the plated metal can compromise the electrical separation of the electrodes to short circuit the cell; ¶ 0144: the drop in capacity with cycling of the negative electrode is generally greater than for the positive electrode, so that the avoidance of lithium metal deposition with cycling suggests a greater excess capacity of the negative electrode to further stabilize cycling).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate the negative electrode can totally contain a number of Li ions more than a positive electrode as disclosed in MASARAPU into the control device of TSUJIKAWA to produce an expected result of a control device for an energy storage device including a negative electrode totally containing a number of Li ions more than a positive electrode. The modification would be obvious because one of ordinary skill in the art would be motivated to prevent deposition of lithium (MASARAPU, ¶ 0033) and thus increase battery lifespan.
Regarding claim 3, TSUJIKAWA discloses the capacity limit amount is a depth of discharge smaller than 100% or SOC larger than 0% (¶ 0034-0036: the protection voltage VL3 corresponds to a SOC larger than 0%).
Regarding claim 6, TSUJIKAWA discloses a method of controlling discharge (¶ 0021: control unit 55 transmits control signals (open/close signals) to the charging switch 71, the discharging switch 72, etc. based on the analysis and processing results by the central processing unit 56) of an energy storage device (3, Fig. 1; ¶ 0016: lithium-ion secondary battery system 1 comprises a plurality of lithium-ion cells (lithium-ion secondary batteries) 2, which are single cells that discharge and supply power to a load equipment 102, connected in series to form a battery pack 3) including a negative electrode that contains Li during charge and releases Li during discharge (¶ 0016: lithium-ion secondary battery system 1 comprises a plurality of lithium-ion cells (lithium-ion secondary batteries) 2, which are single cells that discharge and supply power to a load equipment 102, connected in series to form a battery pack 3; it is known that the negative electrode (anode) collects lithium ions during charging and releases lithium ions during discharging) comprising terminating discharge in a case where a capacity limit amount based on a capacity of discharge and an amount of charge is reached, or in a case where voltage reaches termination voltage larger than lower limit voltage (¶ 0036: there is little need to set the second protection voltage VL3 to a voltage higher than the minimum voltage required to protect cell 2, but depending on the surrounding environment, it may be set to a slightly higher voltage) of a voltage range in which charge and discharge can be reversibly repeated (¶ 0034: if the voltage of any cell 2 becomes lower than the second protection voltage VL3 (if "N" in step S8), the central processing unit 56 turns off the first switch 81, and the power supply to the cell controller 4 and the battery pack management unit 5 is stopped (step S9); ¶ 0035: if the voltage (open circuit voltage) of the lithium-ion cell 2 becomes lower than the second protection voltage VL3, there is a risk that the cell 2 will not be charged even when recovery charging is performed, or that problems such as abnormal heat generation will occur, and the second protection voltage VL3 is set to such a voltage threshold).
TSUJIKAWA fails to disclose the negative electrode of the energy storage device can totally contain a number of Li ions more than a positive electrode of the energy storage device.
MASARAPU discloses the negative electrode of the energy storage device can totally contain a number of Li ions more than a positive electrode of the energy storage device (¶ 0033: commercial lithium-based secondary batteries have generally avoided the deposition of lithium metal through the use of a negative electrode active material that operates through intercalation/alloying or the like above the lithium deposition voltage and with a slight excess in negative electrode capacity relative to the cathode or positive electrode; ¶ 0040: In more traditional balancing of the anode and cathode, excess anode is used to avoid deposition of lithium metal during charging since the deposition of lithium metal generally is associated with the failure of the battery due to breach of the separator; ¶ 0136: the energy density of the battery can be relatively higher if the cycling capacities of the two electrodes at a low rate over the full activation depth of discharge are balanced with a small to moderate excess of negative electrode capacity. In general, an excess of positive electrode capacity with available cycling lithium may be undesirable since lithium metal can plate on the negative electrode during charging, and the plated metal can compromise the electrical separation of the electrodes to short circuit the cell; ¶ 0144: the drop in capacity with cycling of the negative electrode is generally greater than for the positive electrode, so that the avoidance of lithium metal deposition with cycling suggests a greater excess capacity of the negative electrode to further stabilize cycling).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate the negative electrode can totally contain a number of Li ions more than a positive electrode as disclosed in MASARAPU into the method of TSUJIKAWA to produce an expected result of a method including an energy storage device with a negative electrode totally containing a number of Li ions more than a positive electrode. The modification would be obvious because one of ordinary skill in the art would be motivated to prevent deposition of lithium (MASARAPU, ¶ 0033) and thus increase battery lifespan.
Regarding claim 7, TSUJIKAWA discloses a computer program that causes a computer (5, 56, Fig. 3; ¶ 0022: central processing unit 56 controls the alarm unit 54 and sends commands to the control unit 55 (switches 71, 72, 81, 82) and the cell controller 4 based on the cell status received from the cell controller 4 and the battery pack status measured by the measuring instrument group 51; central processing unit 56 is a computer within the broadest reasonable interpretation, and a program is implied in order to perform the disclosed functions) to execute processing of terminating discharge of an energy storage device (3, Fig. 1; ¶ 0016: lithium-ion secondary battery system 1 comprises a plurality of lithium-ion cells (lithium-ion secondary batteries) 2, which are single cells that discharge and supply power to a load equipment 102, connected in series to form a battery pack 3) including a negative electrode that contains Li during charge and releases Li during discharge (¶ 0016: lithium-ion secondary battery system 1 comprises a plurality of lithium-ion cells (lithium-ion secondary batteries) 2, which are single cells that discharge and supply power to a load equipment 102, connected in series to form a battery pack 3; it is known that the negative electrode (anode) collects lithium ions during charging and releases lithium ions during discharging) in a case where a capacity limit amount based on a capacity of discharge and an amount of charge is reached, or in a case where voltage reaches termination voltage larger than lower limit voltage (¶ 0036: there is little need to set the second protection voltage VL3 to a voltage higher than the minimum voltage required to protect cell 2, but depending on the surrounding environment, it may be set to a slightly higher voltage) of a voltage range in which charge and discharge can be reversibly repeated (¶ 0034: if the voltage of any cell 2 becomes lower than the second protection voltage VL3 (if "N" in step S8), the central processing unit 56 turns off the first switch 81, and the power supply to the cell controller 4 and the battery pack management unit 5 is stopped (step S9); ¶ 0035: if the voltage (open circuit voltage) of the lithium-ion cell 2 becomes lower than the second protection voltage VL3, there is a risk that the cell 2 will not be charged even when recovery charging is performed, or that problems such as abnormal heat generation will occur, and the second protection voltage VL3 is set to such a voltage threshold).
TSUJIKAWA fails to disclose the negative electrode of the energy storage device can totally contain a number of Li ions more than a positive electrode of the energy storage device.
MASARAPU discloses the negative electrode of the energy storage device can totally contain a number of Li ions more than a positive electrode of the energy storage device (¶ 0033: commercial lithium-based secondary batteries have generally avoided the deposition of lithium metal through the use of a negative electrode active material that operates through intercalation/alloying or the like above the lithium deposition voltage and with a slight excess in negative electrode capacity relative to the cathode or positive electrode; ¶ 0040: In more traditional balancing of the anode and cathode, excess anode is used to avoid deposition of lithium metal during charging since the deposition of lithium metal generally is associated with the failure of the battery due to breach of the separator; ¶ 0136: the energy density of the battery can be relatively higher if the cycling capacities of the two electrodes at a low rate over the full activation depth of discharge are balanced with a small to moderate excess of negative electrode capacity. In general, an excess of positive electrode capacity with available cycling lithium may be undesirable since lithium metal can plate on the negative electrode during charging, and the plated metal can compromise the electrical separation of the electrodes to short circuit the cell; ¶ 0144: the drop in capacity with cycling of the negative electrode is generally greater than for the positive electrode, so that the avoidance of lithium metal deposition with cycling suggests a greater excess capacity of the negative electrode to further stabilize cycling).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate the negative electrode can totally contain a number of Li ions more than a positive electrode as disclosed in MASARAPU into the computer program of TSUJIKAWA to produce an expected result of a computer program executing processing on an energy storage device with a negative electrode totally containing a number of Li ions more than a positive electrode. The modification would be obvious because one of ordinary skill in the art would be motivated to prevent deposition of lithium (MASARAPU, ¶ 0033) and thus increase battery lifespan.
Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over TSUJIKAWA in view of MASARAPU as applied to claims 1-3 and 6-7 above, and further in view of KAKO (US PG Pub 2013/0183580; cited in previous office action).
Regarding claim 4, TSUJIKAWA as modified by MASARAPU teaches the control device as applied to claim l, but TSUJIKAWA fails to disclose the negative electrode includes an active material containing Li metal.
KAKO discloses the negative electrode includes an active material containing Li metal (¶ 0070).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate the negative electrode includes an active material containing Li metal as disclosed in KAKO into the control device of TSUJIKAWA to produce an expected result of a control device for an energy storage device with a negative electrode including an active material containing Li metal. The modification would be obvious because one of ordinary skill in the art would be motivated to provide a desired lithium ion battery performance, level of safety, and/or cost, as a matter of obvious engineering choice.
Regarding claim 5, TSUJIKAWA as modified by MASARAPU teaches the control device as applied to claim l, but TSUJIKAWA fails to disclose the energy storage device includes a positive electrode containing a transition metal oxide.
KAKO discloses the energy storage device includes a positive electrode containing a transition metal oxide (¶ 0069).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention was made to incorporate the energy storage device includes a positive electrode containing a transition metal oxide as disclosed in KAKO into the control device of TSUJIKAWA to produce an expected result of a control device for an energy storage device including a positive electrode containing a transition metal oxide. The modification would be obvious because one of ordinary skill in the art would be motivated to provide a desired lithium ion battery performance, level of safety, and/or cost, as a matter of obvious engineering choice.
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 MANUEL HERNANDEZ whose telephone number is (571)270-7916. The examiner can normally be reached Monday-Friday 9a-5p ET.
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/Manuel Hernandez/Examiner, Art Unit 2859 4/19/2026
/TAELOR KIM/Supervisory Patent Examiner, Art Unit 2836
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