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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 8/21/2026 has been entered.
Claim Status
Claims 1-7 are pending. Claims 1-2 and 6-7 are amended. Claims 3-5 are previously presented.
Response to Arguments
Applicant’s arguments with respect to 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.
Claim Objections
Claims 1-2 and 6-7 objected to because of the following informalities: the claims should be amended to improve clarity. Appropriate correction is required.
Claim Rejections - 35 USC § 101
35 U.S.C. 101 reads as follows:
Whoever invents or discovers any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof, may obtain a patent therefor, subject to the conditions and requirements of this title.
Claim 7 is rejected under 35 U.S.C. 101 because the claimed invention is directed to non-statutory subject matter. The claim(s) does/do not fall within at least one of the four categories of patent eligible subject matter because the claim, which is drawn to a “computer program”, may be considered a transitory signal transmission (see MPEP 2106.03 I).
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 1-7 are 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.
Regarding claim 1, it is not clear if the final modifying phrase “to suppress a growth of dendrites on the negative electrode” applies to the second condition (“in a case where a voltage reaches…”) or to both the first condition (“in a case where a capacity limit amount…”) and the second condition. For examination purposes, the phrase is interpreted as applying to both conditions.
Regarding claim 1, the recitation “to suppress a growth of dendrite” is a matter of degree. For example, the claim does not define how much suppression is required. Does "suppress" mean complete prevention, a reduction in growth rate, etc.? The specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention. Therefore, the recitations “terminate discharge…in a case where a capacity limit amount…, or in a case where a voltage reaches…” is rendered indefinite.
Claims 3-5 are dependent from claim 1 and are therefore rejected for the same reasons as independent claim 1.
Claims 2 and 6-7 include recitations similar to claim 1 and are therefore rejected for the same reasons as independent claim 1.
Claim Rejections - 35 USC § 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3 and 5-6 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by FUKUOKA (Pub. No.: US 2023/0361367).
Regarding claim 1, FUKUOKA discloses a control device (12, 15, 16, Fig. 1) comprising:
a control unit (16, Fig. 1; ¶ 0047: charging and discharging apparatus 12 includes a charging control unit 15 including a charging circuit, and a discharging control unit 16 including a discharging circuit) configured to terminate discharge of an energy storage device (11, Fig. 1) which includes a negative electrode that contains Li during charge and releases Li during discharge (¶ 0006: In view of the above, one aspect of the present invention relates to a charging and discharging method for a non-aqueous electrolyte secondary battery, the battery including a positive electrode, a negative electrode including a negative electrode current collector, and a non-aqueous electrolyte, in which a lithium metal deposits on the negative electrode during charge, and the lithium metal dissolves in the non-aqueous electrolyte during discharge) in a case where a capacity limit amount based on a capacity of discharge and an amount of charge is reached (¶ 0052: discharging control unit 16 controls discharging such that an amount of electricity corresponding to 20% or more and 80% or less of the full charge amount is discharged), or in a case where a voltage reaches a termination voltage larger than a lower limit voltage of a voltage range in which charge and discharge can be reversibly repeated (¶ 0016: A fully discharged battery means a battery discharged to a voltage (e.g., 3 V) at which the amount of electricity corresponding to the rated capacity is estimated to have been discharged. Hereinafter, a ratio of the amount of charged electricity to the full charge amount is referred to as a charge rate. A ratio of the amount of discharged electricity to the full charge amount is referred to as a discharge rate. In the fully charged state, the charge rate is 100%. In the fully discharged state, the discharge rate is 100%; ¶ 0034: When discharging to a discharge rate of 20% or more and 80% or less, the end-of-discharge voltage is set to, for example, 3.5 V or more and 3.8 V or less; ¶ 0052: discharging control unit 16 controls discharging such that the discharging is ended when the voltage detected by the voltage detection unit 17 (the amount of discharged electricity (discharge rate) determined by the arithmetic unit) reaches a threshold value) to suppress a growth of dendrites on the negative electrode (¶ 0005: the deposition form of the lithium metal is difficult to control, and the suppression of dendrite formation and growth has been insufficient. The lithium metal deposited in the form of dendrites on the negative electrode current collector during charge starts to dissolve from the negative electrode current collector side during discharge. Therefore, part of the deposited lithium metal tends to become isolated from the negative electrode (conductive network) during discharge. With repeated charge and discharge, the isolation of lithium metal from the negative electrode proceeds, and the cycle characteristics tend to deteriorate; ¶ 0017: When the above charging step and discharging step are performed, the isolation of lithium metal from the negative electrode during discharge can be suppressed, and the reduction in capacity due to the above isolation can be suppressed. The deterioration in cycle characteristics due to the progress of the isolation with repeated charge and discharge can be suppressed; ¶ 0018: dendritic lithium metal, however, deposits on the massive Li deposited in the early stage of charging (mainly in the first step) and tends to be firmly integrated with the massive Li, and the isolation of Li is suppressed during discharge; ¶ 0019: When an amount of electricity corresponding to 20% or more and 80% or less of the full charge amount is discharged, the massive Li tends to remain on the surface of the negative electrode current collector at the end of the discharging step. This allows the massive Li with good quality to continue to remain on the negative electrode current collector through charge and discharge, so that lithium metal deposits reliably on the massive Li with good quality during charge. The deposited lithium metal becomes firmly integrated with the massive Li, and the isolation of Li during discharge can be suppressed).
Regarding claim 2, FUKUOKA discloses a control device (12, 15, 16, Fig. 1) comprising;
a control unit (16, Fig. 1; ¶ 0047: charging and discharging apparatus 12 includes a charging control unit 15 including a charging circuit, and a discharging control unit 16 including a discharging circuit) configured to terminate discharge of an energy storage device (11, Fig. 1) which includes a negative electrode that contains Li during charge and releases Li to electrolyte solution during discharge (¶ 0006: In view of the above, one aspect of the present invention relates to a charging and discharging method for a non-aqueous electrolyte secondary battery, the battery including a positive electrode, a negative electrode including a negative electrode current collector, and a non-aqueous electrolyte, in which a lithium metal deposits on the negative electrode during charge, and the lithium metal dissolves in the non-aqueous electrolyte during discharge) in a case where a capacity limit amount based on a capacity of discharge and an amount of charge is reached (¶ 0052: discharging control unit 16 controls discharging such that an amount of electricity corresponding to 20% or more and 80% or less of the full charge amount is discharged), or in a case where a voltage reaches a termination voltage larger than a lower limit voltage of a voltage range in which charge and discharge can be reversibly repeated (¶ 0016: A fully discharged battery means a battery discharged to a voltage (e.g., 3 V) at which the amount of electricity corresponding to the rated capacity is estimated to have been discharged. Hereinafter, a ratio of the amount of charged electricity to the full charge amount is referred to as a charge rate. A ratio of the amount of discharged electricity to the full charge amount is referred to as a discharge rate. In the fully charged state, the charge rate is 100%. In the fully discharged state, the discharge rate is 100%; ¶ 0034: When discharging to a discharge rate of 20% or more and 80% or less, the end-of-discharge voltage is set to, for example, 3.5 V or more and 3.8 V or less; ¶ 0052: discharging control unit 16 controls discharging such that the discharging is ended when the voltage detected by the voltage detection unit 17 (the amount of discharged electricity (discharge rate) determined by the arithmetic unit) reaches a threshold value) to suppress a growth of dendrites on the negative electrode (¶ 0005: the deposition form of the lithium metal is difficult to control, and the suppression of dendrite formation and growth has been insufficient. The lithium metal deposited in the form of dendrites on the negative electrode current collector during charge starts to dissolve from the negative electrode current collector side during discharge. Therefore, part of the deposited lithium metal tends to become isolated from the negative electrode (conductive network) during discharge. With repeated charge and discharge, the isolation of lithium metal from the negative electrode proceeds, and the cycle characteristics tend to deteriorate; ¶ 0017: When the above charging step and discharging step are performed, the isolation of lithium metal from the negative electrode during discharge can be suppressed, and the reduction in capacity due to the above isolation can be suppressed. The deterioration in cycle characteristics due to the progress of the isolation with repeated charge and discharge can be suppressed; ¶ 0018: dendritic lithium metal, however, deposits on the massive Li deposited in the early stage of charging (mainly in the first step) and tends to be firmly integrated with the massive Li, and the isolation of Li is suppressed during discharge; ¶ 0019: When an amount of electricity corresponding to 20% or more and 80% or less of the full charge amount is discharged, the massive Li tends to remain on the surface of the negative electrode current collector at the end of the discharging step. This allows the massive Li with good quality to continue to remain on the negative electrode current collector through charge and discharge, so that lithium metal deposits reliably on the massive Li with good quality during charge. The deposited lithium metal becomes firmly integrated with the massive Li, and the isolation of Li during discharge can be suppressed).
Regarding claim 3, FUKUOKA discloses the capacity limit amount is a depth of discharge smaller than 100% or SoC larger than 0% (¶ 0034, 0052).
Regarding claim 5, FUKUOKA discloses the energy storage device includes a positive electrode containing a transition metal oxide (¶ 0060-0068).
Regarding claim 6, FUKUOKA discloses a method of controlling discharge of an energy storage device (11, Fig. 1) which includes a negative electrode that contains Li during charge and releases Li during discharge (¶ 0006: In view of the above, one aspect of the present invention relates to a charging and discharging method for a non-aqueous electrolyte secondary battery, the battery including a positive electrode, a negative electrode including a negative electrode current collector, and a non-aqueous electrolyte, in which a lithium metal deposits on the negative electrode during charge, and the lithium metal dissolves in the non-aqueous electrolyte during discharge) comprising:
terminating discharge in a case where a capacity limit amount based on a capacity of discharge and an amount of charge is reached (¶ 0052: discharging control unit 16 controls discharging such that an amount of electricity corresponding to 20% or more and 80% or less of the full charge amount is discharged), or in a case where a voltage reaches a termination voltage larger than a lower limit voltage of a voltage range in which charge and discharge can be reversibly repeated (¶ 0016: A fully discharged battery means a battery discharged to a voltage (e.g., 3 V) at which the amount of electricity corresponding to the rated capacity is estimated to have been discharged. Hereinafter, a ratio of the amount of charged electricity to the full charge amount is referred to as a charge rate. A ratio of the amount of discharged electricity to the full charge amount is referred to as a discharge rate. In the fully charged state, the charge rate is 100%. In the fully discharged state, the discharge rate is 100%; ¶ 0034: When discharging to a discharge rate of 20% or more and 80% or less, the end-of-discharge voltage is set to, for example, 3.5 V or more and 3.8 V or less; ¶ 0052: discharging control unit 16 controls discharging such that the discharging is ended when the voltage detected by the voltage detection unit 17 (the amount of discharged electricity (discharge rate) determined by the arithmetic unit) reaches a threshold value) to suppress a growth of dendrites on the negative electrode (¶ 0005: the deposition form of the lithium metal is difficult to control, and the suppression of dendrite formation and growth has been insufficient. The lithium metal deposited in the form of dendrites on the negative electrode current collector during charge starts to dissolve from the negative electrode current collector side during discharge. Therefore, part of the deposited lithium metal tends to become isolated from the negative electrode (conductive network) during discharge. With repeated charge and discharge, the isolation of lithium metal from the negative electrode proceeds, and the cycle characteristics tend to deteriorate; ¶ 0017: When the above charging step and discharging step are performed, the isolation of lithium metal from the negative electrode during discharge can be suppressed, and the reduction in capacity due to the above isolation can be suppressed. The deterioration in cycle characteristics due to the progress of the isolation with repeated charge and discharge can be suppressed; ¶ 0018: dendritic lithium metal, however, deposits on the massive Li deposited in the early stage of charging (mainly in the first step) and tends to be firmly integrated with the massive Li, and the isolation of Li is suppressed during discharge; ¶ 0019: When an amount of electricity corresponding to 20% or more and 80% or less of the full charge amount is discharged, the massive Li tends to remain on the surface of the negative electrode current collector at the end of the discharging step. This allows the massive Li with good quality to continue to remain on the negative electrode current collector through charge and discharge, so that lithium metal deposits reliably on the massive Li with good quality during charge. The deposited lithium metal becomes firmly integrated with the massive Li, and the isolation of Li during discharge can be suppressed).
Claim Rejections - 35 USC § 103
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) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over FUKUOKA as applied to claims 1-3 and 5-6 above, and further in view of KAKO (Pub. No.: US 2013/0183580; cited in previous office action).
Regarding claim 4, FUKUOKA discloses the control device as applied to claim 1, but 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 invention to include the negative electrode includes an active material containing Li metal in order to provide a desired lithium ion battery performance, level of safety, and/or cost, as a matter of obvious engineering choice.
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over FUKUOKA (Pub. No.: US 2023/0361367).
Regarding claim 7, FUKUOKA discloses a [control device] (16, Fig. 1; ¶ 0047: charging and discharging apparatus 12 includes a charging control unit 15 including a charging circuit, and a discharging control unit 16 including a discharging circuit) configured to execute processing of terminating discharge of an energy storage device (11, Fig. 1) which includes a negative electrode that contains Li during charge and releases Li during discharge (¶ 0006: In view of the above, one aspect of the present invention relates to a charging and discharging method for a non-aqueous electrolyte secondary battery, the battery including a positive electrode, a negative electrode including a negative electrode current collector, and a non-aqueous electrolyte, in which a lithium metal deposits on the negative electrode during charge, and the lithium metal dissolves in the non-aqueous electrolyte during discharge) in a case where a capacity limit amount based on a capacity of discharge and an amount of charge is reached (¶ 0052: discharging control unit 16 controls discharging such that an amount of electricity corresponding to 20% or more and 80% or less of the full charge amount is discharged), or in a case where a voltage reaches a termination voltage larger than a lower limit voltage of a voltage range in which charge and discharge can be reversibly repeated (¶ 0016: A fully discharged battery means a battery discharged to a voltage (e.g., 3 V) at which the amount of electricity corresponding to the rated capacity is estimated to have been discharged. Hereinafter, a ratio of the amount of charged electricity to the full charge amount is referred to as a charge rate. A ratio of the amount of discharged electricity to the full charge amount is referred to as a discharge rate. In the fully charged state, the charge rate is 100%. In the fully discharged state, the discharge rate is 100%; ¶ 0034: When discharging to a discharge rate of 20% or more and 80% or less, the end-of-discharge voltage is set to, for example, 3.5 V or more and 3.8 V or less; ¶ 0052: discharging control unit 16 controls discharging such that the discharging is ended when the voltage detected by the voltage detection unit 17 (the amount of discharged electricity (discharge rate) determined by the arithmetic unit) reaches a threshold value) to suppress a growth of dendrites on the negative electrode (¶ 0005: the deposition form of the lithium metal is difficult to control, and the suppression of dendrite formation and growth has been insufficient. The lithium metal deposited in the form of dendrites on the negative electrode current collector during charge starts to dissolve from the negative electrode current collector side during discharge. Therefore, part of the deposited lithium metal tends to become isolated from the negative electrode (conductive network) during discharge. With repeated charge and discharge, the isolation of lithium metal from the negative electrode proceeds, and the cycle characteristics tend to deteriorate; ¶ 0017: When the above charging step and discharging step are performed, the isolation of lithium metal from the negative electrode during discharge can be suppressed, and the reduction in capacity due to the above isolation can be suppressed. The deterioration in cycle characteristics due to the progress of the isolation with repeated charge and discharge can be suppressed; ¶ 0018: dendritic lithium metal, however, deposits on the massive Li deposited in the early stage of charging (mainly in the first step) and tends to be firmly integrated with the massive Li, and the isolation of Li is suppressed during discharge; ¶ 0019: When an amount of electricity corresponding to 20% or more and 80% or less of the full charge amount is discharged, the massive Li tends to remain on the surface of the negative electrode current collector at the end of the discharging step. This allows the massive Li with good quality to continue to remain on the negative electrode current collector through charge and discharge, so that lithium metal deposits reliably on the massive Li with good quality during charge. The deposited lithium metal becomes firmly integrated with the massive Li, and the isolation of Li during discharge can be suppressed).
FUKUOKA fails to disclose a computer program that causes a computer configured to execute said processing.
Official notice is taken that a computer program that causes a computer to execute processing was an old and known expedient in the art at the time of the invention.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the computer and computer program in order to provide increased flexibility, increased storage, and/or higher processing power, as compared to a generic controller.
Conclusion
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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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Drew Dunn can be reached at (571) 272-2312. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Manuel Hernandez/Examiner, Art Unit 2859 9/22/2026
/DREW A DUNN/Supervisory Patent Examiner, Art Unit 2859
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