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 .
DETAILED ACTION
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 10/24/2022, 01/27/2023 and 05/24/2023 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 § 112
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 10 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 10 has a dependency on claim 1. The whole limitation of claim 1 is a method of providing a battery cell. Claim 10 does not further limit the subject matter of the claim 1. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
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 of this title, 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 set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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.
Claims 1, 3-4 and 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Hong (US 20120156526 A1) in view of Lehky (EP 0397248 A2) and Johnson et al. (“Johnson”, US 20180294479 A1, disclosed in IDS).
Regarding claim 1, Hong teaches a method of forming a battery cell (Hong, Figs. 2-11) comprising:
preparing a pouch made of aluminum foil, the aluminum foil being a unitary segment of aluminum foil having a folded edge forming a bottom of the pouch and equal-sized opposite halves of the pouch adjacent to the folded edge being sealed sides (Hong, Figs. 2-10, [0043], [0045], [0062], [0066], e.g., the pouch case 20 is formed of a plurality of layers; any one of the plurality of layers to constitute the pouch case 20 is formed as a metal layer 22 (which is being interpreted as a pouch made of metal foil); a folding portion 20c is formed at the center of the length direction of the pouch case 20, and the pouch case 20 may be folded by the folding portion 20c so that first and second areas 20a and 20b are overlapped with each other; the metal layer 22 may include aluminum (Al) (which is being interpreted as aluminum foil); a sealing portion 24 formed along the outer circumference of the pouch case 20 on both edge portions of the electrode-tab exposure portion; the pouch case 20 having the electrode assembly 10 (see FIG. 9) accommodated therein is folded so that the first and second areas 20a and 20b are overlapped with each other with respect to the folding portion 20; the first and second areas 20a and 20b may be thermally fused to each other by applying heat and pressure to the sealing portion 24 from the outer surface of the pouch case 20; (Figs. 2-10 shows a method of preparing a pouch 20 made of metal foil (aluminum foil) 22, the aluminum foil 22 being a unitary segment of aluminum foil 22 having a folded edge (folding portion 20c) forming a bottom of the pouch and equal-sized opposite halves of the pouch adjacent to the folded edge being sealed sides));
lining an interior portion of the pouch with a cathode, which the cathode is expected be comprise an active material in order for the battery to function as a battery; the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2112) (Hong, Figs. 9-10, [0063], [0066], e.g., The electrode assembly 10 accommodated in the interior of the pouch case 20 may be formed in a jelly-roll shape by winding a positive electrode plate 11 (which is expected to include cathode active material in order to the battery to function as a battery; the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2112)), a negative electrode plate 12 and a separator 13 interposed therebetween; the pouch case 20 having the electrode assembly 10 (see FIG. 9) accommodated therein is folded so that the first and second areas 20a and 20b are overlapped with each other with respect to the folding portion 20c; (Figs. 9-10 shows a method of lining an interior portion of the pouch with a cathode (positive electrode plate 11), which the cathode is expected be comprise an active material in order for the battery to function as a battery; the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2112)));
providing a anode surrounded by a separator inside the pouch (Hong, Figs. 9-10, [0063], [0066], e.g., The electrode assembly 10 accommodated in the interior of the pouch case 20 may be formed in a jelly-roll shape by winding a positive electrode plate 11, a negative electrode plate 12 and a separator 13 interposed therebetween; the pouch case 20 having the electrode assembly 10 (see FIG. 9) accommodated therein is folded so that the first and second areas 20a and 20b are overlapped with each other with respect to the folding portion 20c; (Figs. 9-10 shows a method of providing a anode (a negative electrode plate 12) surrounded by a separator 13 inside the pouch); and
sealing the pouch (Hong, Figs. 9-10, [0065], [0066], e.g., FIG. 10 is a perspective view showing a state that the pouch case is sealed; the first and second areas 20a and 20b may be thermally fused to each other by applying heat and pressure to the sealing portion 24 from the outer surface of the pouch case 20).
Hong does not teach the pouch made of copper foil; the active material including an acidified metal oxide; the anode is a lithium-based anode; and providing an electrolyte inside the pouch.
However, in the same field of endeavor, Lehky teaches an electrochemical cell comprising a pouch made of copper foil (Lehky, Figs. 1-9, e.g., page 2: lines 10-15; page 3: lines 40-45, e.g., pouch has middle layer of metal foil (which is being interpreted as a pouch made of metal foil); layer 3 is metal foil; copper is a suitable material for this layer (which is being interpreted as a pouch made of copper foil)); lining an interior portion of the pouch with an active material including a metal oxide to create a cathode (Lehky, Figs. 2 and 8, page 2: lines 45-50; e.g., MnO2 cathode 1); the anode is a lithium-based anode (Lehky, Fig. 1, page 30-35; e.g., lithium anode 11); and providing an electrolyte inside the pouch (Lehky, page 4: lines 20-25; e.g., in the pouch the electrolyte is added and the pouch 25 is heat sealed).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the pouch made of copper foil; the active material including a metal oxide; the anode is a lithium-based anode; and providing an electrolyte inside the pouch, for the purpose of loose less electrolyte over time and/or works with most electrode assemblies (Lehky, page 2: lines 15-20 and 25-30), providing higher energy density, improved performance, improved charging capabilities and/or reduced weight or size of the battery. The simple substitution of aluminum foil for copper foil is likely to be obvious when predictable results are achieved (see MPEP § 2143, B.).
Hong in view of Lehky does not teach the active material including an acidified metal oxide.
However, in the same field of endeavor, Johnson teaches a battery cell comprising a cathode active material having an acidified metal oxide (Johnson, Abstract, [0092], [0124], [0130], e.g., a battery cell having an anode or cathode comprising an acidified metal oxide ("AMO") material; cathode 104 or anode 106 may independent comprise an AMO material; distinct peaks in the CV of the AMO material may indicate that multiple electron transfer steps are occurring during charging/discharging; a peak at higher voltage may indicate direct oxidation/reduction of the AMO material (which is being interpreted as active material)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein active material comprises an acidified metal oxide, for the purpose of enhancing the performance and yield improved capacity, cyclability, and longevity (Johnson, [0015]).
Regarding claim 3, Hong teaches attaching a first terminal tab to the cathode inside the pouch and routing the first terminal tab to outside the pouch (Hong, Figs. 9-10, [0062], [0063], e.g., positive electrode tab 15).
Regarding claim 4, Hong teaches attaching a second terminal tab to the lithium-based anode inside the pouch and routing the second terminal tab to outside the pouch (Hong, Figs. 9-10, [0062], [0063], e.g., negative electrode tab 14).
Regarding claim 7, Hong in view of Lehky and Johnson teaches the method of claim 1 as disclosed above. Hong does not teach wherein the separator comprises polypropylene.
However, in the same field of endeavor, Lehky teaches an electrochemical cell comprising a separator; and wherein the separator comprises polypropylene (Lehky, Title, Figs. 3-4, e.g., page 2: lines 33-36, e.g., a separator 15 such as non-woven polypropylene).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the separator comprises polypropylene, for the purpose of preventing electrical contact between the anode and the cathode (Lehky, page 2: lines 33-36).
Regarding claim 8, Hong in view of Lehky and Johnson teaches the method of claim 1 as disclosed above. Hong does not teach wherein the lithium-based anode is a lithium foil.
However, in the same field of endeavor, Lehky teaches an electrochemical cell comprising a lithium-based anode; and wherein the lithium-based anode is a lithium foil (Lehky, Title, Figs. 1 and 3-4, e.g., page 2: lines 16 and 30-35, e.g., a lithium anode; the anode 11 in Figure 1 is essentially a three piece laminate comprised of lithium 12 coated on a stainless steel foil current collector 13; (as shown in Figs. 1 and 3-4, the lithium-based anode (12) is a lithium foil)).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the lithium-based anode is a lithium foil, for the purpose of providing higher energy density, improved performance, improved charging capabilities and/or reduced weight or size of the battery.
Regarding claim 9, Hong in view of Lehky and Johnson teaches the method of claim 1 as disclosed above. Hong does not teach wherein the lithium-based anode consists of metallic lithium.
However, in the same field of endeavor, Lehky teaches an electrochemical cell comprising a lithium-based anode; and wherein the lithium-based anode consists of metallic lithium (Lehky, Title, Figs. 1 and 3-4, e.g., page 2: lines 16 and 30-35, e.g., a lithium anode; the anode 11 in Figure 1 is essentially a three piece laminate comprised of lithium 12 (which is being interpreted as a lithium-based anode consists of metallic lithium) coated on a stainless steel foil current collector 13).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the lithium-based anode consists of metallic lithium, for the purpose of providing higher energy density, improved performance, improved charging capabilities and/or reduced weight or size of the battery.
Regarding claim 10, Hong in view of Lehky and Johnson teaches the method of claim 1 as disclosed above. Hong teaches a method of providing the battery cell (Hong, Title, Figs. 2-11, [0052]-[0073], e.g., (Figs. 2-11 and [0052]-[0073] show a method of providing the battery cell)).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Hong (US 20120156526 A1) in view of Lehky (EP 0397248 A2) and Johnson et al. (“Johnson”, US 20180294479 A1, disclosed in IDS) as applied to claim 1 above, and further in view of Ahn et al. (“Ahn”, US 20110129709 A1, disclosed in IDS).
Regarding claim 2, Hong in view of Lehky and Johnson teaches the pouch cell of claim 1 as disclosed above. Hong teaches adding an insulating layer outside the pouch including polypropylene (Hong, Fig. 9, [0044], [0047], e.g., the external insulating layer 21 (which is being interpreted as an insulating layer outside the pouch))
Hong in view of Lehky and Johnson does not teach the insulating layer including polyisobutylene.
However, in the same field of endeavor, Ahn teaches a pouch type secondary battery comprising insulating layer comprises polyisobutylene (Ahn, Title, Fig. 2, [0042], e.g., insulating plate 230 is made of polyolefin; the polyolefin may be polyisobutylene).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the insulating layer including polyisobutylene, for the purpose of preventing a short circuit (Ahn, [0042]).
The simple substitution of polypropylene in the insulating layer for polyisobutylene is likely to be obvious when predictable results are achieved (see MPEP § 2143, B.).
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Hong (US 20120156526 A1) in view of Lehky (EP 0397248 A2) and Johnson et al. (“Johnson”, US 20180294479 A1, disclosed in IDS) as applied to claim 1 above, and further in view of Takano et al. (“Takano”, US 20190237764 A1, disclosed in IDS).
Regarding claim 5, Hong in view of Lehky and Johnson teaches the pouch cell of claim 1 as disclosed above. Hong teaches wherein the cathode is applied in at least one layer inside the pouch, which the cathode is expected be comprise an active material in order for the battery to function as a battery; the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2112) (Hong, Figs. 9-10, [0063], [0066], e.g., The electrode assembly 10 accommodated in the interior of the pouch case 20 may be formed in a jelly-roll shape by winding a positive electrode plate 11 (which is expected to include cathode active material in order to the battery to function as a battery; the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2112)), a negative electrode plate 12 and a separator 13 interposed therebetween; the pouch case 20 having the electrode assembly 10 (see FIG. 9) accommodated therein is folded so that the first and second areas 20a and 20b are overlapped with each other with respect to the folding portion 20c; (Figs. 9-10 the cathode (positive electrode plate 11) is applied in at least one layer inside the pouch, which the cathode is expected be comprise an active material in order for the battery to function as a battery; the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2112)));
Hong in view of Lehky and Johnson does not teach wherein the active material is applied in at least one layer inside the pouch with a density of about 6.49 mg/cm2.
However, in the same field of endeavor, Takano teaches an energy storage device such as a lithium ion secondary battery comprise an areal weight of a single layer of the negative active material layer is generally 3 mg/cm2 to 10 mg/cm2 (which overlaps the claimed amount of about 6.49 mg/cm2; therefore, a prima facie case of obviousness exists (See MPEP § 2144.05, I.)) (Takano, Title, [0001], [0038]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the active material is applied in at least one layer inside the pouch with a density of about 6.49 mg/cm2, for the purpose of providing sufficient energy density and/or sufficient active sites for intercalation/deintercalation during charging/discharging.
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Hong (US 20120156526 A1) in view of Lehky (EP 0397248 A2) and Johnson et al. (“Johnson”, US 20180294479 A1, disclosed in IDS) as applied to claim 1 above, and further in view of Furuya (JP 2003229100 A, disclosed in IDS, see machine translation).
Regarding claim 6, Hong in view of Lehky and Johnson teaches the method of claim 1 comprising a lithium-based anode as disclosed in claim 1 above. Hong in view of Lehky and Johnson does not teach wherein the separator comprises a pouch containing the lithium-based anode.
However, in the same field of endeavor, Furuya teaches a battery comprising a separator; and wherein the separator comprises a pouch containing an anode (Furuya, Title, Figs. 1 and 3, [0013], [0023], e.g., a negative electrode plate 6, on which negative electrode active material 6a is coated onto a negative electrode current collector 6b, is placed between these positive electrode active material layers 4 via a separator 5 made of a bag-shaped polypropylene porous film; the negative electrode plate 6, housed in a bag-shaped separator 5 as shown in Figure 3, is placed inside the aluminum sheet 1, which is formed into a bag shape)
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the separator comprises a pouch containing the lithium-based anode, for the purpose of providing a small, thin and/or energy-density battery (Furuya, [0006], [0001]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAIXIA ZHANG whose telephone number is (571)272-5697. The examiner can normally be reached Monday and Tuesday 9-5.
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, Tiffany Legette can be reached at (571) 270-7078. 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.
/HAIXIA ZHANG/Primary Examiner, Art Unit 1723
Prosecution Insights