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 .
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 05-16-2023 and 06-18-2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 and 8-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2018/0205048 hereinafter Enomoto in view of WO 2019/087708 A1 [English equivalent US 2020/0365891] hereinafter Harada.
Regarding Claim 1, Enomoto teaches a battery module [10] (see annotated figure 1 below) comprising: a plurality of cylindrical cells (lithium secondary batteries) [11] that are disposed side by side; and a thermal conductive material (heat absorbing material) [20] disposed in contact with side surfaces of the cylindrical cells (paragraphs 15, 18, 24, 27), wherein each cylindrical cell [11] comprises an electrode body (i.e., a positive electrode, a negative electrode, and a separator disposed between the positive electrode and the negative electrode), a non-aqueous electrolyte, and a cell case [12] housing the electrode body and the electrolyte (paragraph 19).
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Enomoto does not specify that at the negative electrode, a lithium metal deposits during charge and the lithium metal dissolves during discharge.
However, Harada teaches a lithium secondary battery [10] comprising: a positive electrode [11], a negative electrode [12], a separator [13] disposed between the positive electrode and the negative electrode, and a non-aqueous electrolyte that comprises a lithium salt (paragraphs 16, 52), wherein the negative electrode is an electrode on which lithium metal is deposited at the time of charge, and the lithium metal dissolves in the non-aqueous electrolyte at the time of discharge (paragraph 39). Therefore, it would have been obvious to one of ordinary skill in the art to form such batteries with the negative electrode and lithium salt before the effective filing date of the claimed invention because Harada discloses that such configuration can form a battery with increased capacity (paragraphs 6, 10).
Regarding Claim 8, Enomoto teaches a battery module case that comprises a pair of posts [30] and insulating plate [42 or 47] (i.e., first and second holder) that accommodates the plurality of cylindrical cells and the thermal conductive material (heat absorbing material), wherein a first end of the cylindrical cell is housed in the first holder, and the second end is housed in the second holder (see annotated figure 1).
Regarding Claim 9, Enomoto teaches that the thermal conductive material (heat absorbing material) [20] includes a resin, and particles (filler) packed in the resin, and the particles contain an inorganic substance that decomposes through an endothermic reaction (paragraph 15).
Claim(s) 2-3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Enomoto and Harada as applied above, and further in view of U.S. Pre-Grant Publication No. 2012/0171536 hereinafter Kaneda.
The combination of Enomoto and Harada is described above and incorporated herein.
Regarding Claims 2 and 3, the combination teaches a lithium secondary battery that comprises a positive electrode, a negative electrode, a separator disposed between the positive electrode and the negative electrode, and a non-aqueous electrolyte (paragraph 16 of Harada). The combination does not specify that the battery further comprises a spacer disposed between the separator and at least one of the positive electrode and the negative electrode, wherein a region facing the positive electrode or the negative electrode has a first region facing the spacer, and a second region not facing the spacer, and wherein a height of the spacer is 20 µm or more.
However, Kaneda teaches a lithium secondary battery that comprises a positive electrode plate, a negative electrode plate, a separator disposed between the positive electrode and the negative electrode, a spacer, and a non-aqueous electrolyte (paragraphs 34-35), wherein the spacer [10] is disposed between the separator and the positive (negative) electrode plate, wherein a region facing the positive electrode plate has a first region facing the spacer and a second region not facing the spacer, and wherein a height of the spacer is 1 to 30 µm (paragraphs 116, see figures 3-5). Therefore, it would have been obvious to one of ordinary skill in the art to form a spacer between the separator and the positive (negative) electrode plate before the effective filing date of the claimed invention because Kaneda discloses that the volume increase of the electrode plates due to expansion thereof during charge can be absorbed more effectively with such modification (paragraph 41).
Claim(s) 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Enomoto and Harada as applied above, and further in view of U.S. Pre-Grant Publication No. 2016/0056472 hereinafter Abe.
The combination of Enomoto and Harada is described above and incorporated herein.
Regarding Claim 4, the combination does not specify a ratio of a volume Vs of gaps in the electrode plate group, relative to a true volume Vr of the electrode plate group being 30% or more and 45% or less.
However, Abe teaches a secondary battery that comprises a positive electrode, a negative electrode, a separator, and a non-aqueous electrolyte (paragraph 39), wherein the positive (negative) electrode comprises an electrode active material layer having a porosity of 20 to 40 vol. % (35 to 50 vol. %) (paragraphs 57, 71). Therefore, it would have been obvious to one of ordinary skill in the art to form an electrode active material layer having such porosity before the effective filing date of the claimed invention because Abe discloses that such modification can form a battery with improved cycle characteristics (paragraphs 58, 72).
Regarding Claims 5-6, the combination teaches that the non-aqueous electrolyte contains an oxalate salt [i.e., lithium difluoro oxalate borate] (paragraph 60 of Harada) and a mass ratio of the oxalate salt to the electrode plate group is 0.0004 to 0.0019 (i.e., 60 to 99 mass % of electrode material and 0.005 to 0.2 mol/L of oxalate salt) (paragraphs 69, 116 of Abe).
Regarding Claim 7, the combination teaches a proportion of the lithium metal with respect to all lithium disposed on the negative electrode is 92 mass% or more (i.e., lithium metal is used as the negative electrode material) (paragraph 40 of Harada).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to OSEI K AMPONSAH whose telephone number is (571)270-3446. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, NICHOLAS A SMITH can be reached at (571)272-8760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/OSEI K AMPONSAH/ Primary Examiner, Art Unit 1752