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 .
Status of Claims and Other Notes
Claims 1–10 are pending.
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 paragraph numbers cited in this Office Action in reference to the instant application are referring to the paragraph numbering of the PG-Pub of the instant application. See US 2024/0079575 A1.
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 22 February 2023 was filed before the mailing of a first Office Action on the merits. The submission complies with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawings
The drawings were received on 22 February 2023. These drawings are acceptable.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: SECONDARY BATTERY INCLUDING METAL CONCENTRATED AT BOUNDARY OF NEGATIVE ELECTRODE AND SEPARATION LAYER, BATTERY PACK, VEHICLE, AND STATIONARY POWER SUPPLY INCLUDING THE SAME.
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
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 1–10 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.
Claim 1 recites the limitations "at least of the negative electrode active material-containing layer and the separation layer containing one or more first metal element selected from the group consisting of Hg, Pb, Zn, and Bi" and "Equation 1: first metal concentration = atomic concentration of first metal element / sum of atomic concentrations of elements B to U in periodic table excluding carbon and oxygen." Claim 1 indicates the first metal element is contained in the negative electrode active material-containing layer and the separation layer. However, claim 1 does not recite where "elements B to U" are present or are to be measured. Therefore, Equation 1 is indefinite.
Claims 2–4 are directly dependent from claim 1 and include all the limitations of claim 1. Therefore, claims 2–4 are also 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 5 recites the limitation "the secondary battery according to claim 1" and includes all the limitation of claim 1. Therefore, claim 5 is also 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.
Claims 6 and 7 are directly dependent from claim 5 and include all the limitations of claim 5. Therefore, claims 6 and 7 are also 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 8 recites the limitation "the battery pack according to claim 5" and includes all the limitation of claim 5. Therefore, claim 8 is also 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 9 is directly dependent from claim 8 and includes all the limitations of claim 8. Therefore, claim 9 is also 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 10 recites the limitation "the battery pack according to claim 5" and includes all the limitation of claim 5. Therefore, claim 10 is also 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.
Allowable Subject Matter
Claims 1–10 would be allowable if rewritten or amended to overcome the rejection(s) under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), 2nd paragraph, set forth in this Office action.
The following is a statement of reasons for the indication of allowable subject matter:
The closest prior art of record is Seki et al. (US 2019/0296344 A1, hereinafter Seki).
Seki discloses a secondary battery (FIG. 3, [0196]), comprising a negative electrode (4, [0194]), the negative electrode (4) comprising a negative electrode active material-containing layer (4b) that contains a titanium-containing oxide (FIG. 6, [0194]); a positive electrode (3, [0192]); a separation layer (5) in contact with the negative electrode active material-containing layer (4b) and positioned between the negative electrode (4) and the positive electrode (FIG. 3, [0196]); and an aqueous electrolyte (FIG. 3, [0198]), at least one of the negative electrode active material-containing layer and the separation layer containing one or more first metal element selected from the group consisting of Hg, Pb, Zn, and Bi (TABLE 1, [0207]).
Seki does not disclose, teach, or suggest the following distinguishing feature:
A secondary battery having a first metal element selected from the group consisting of Hg, Pb, Zn, and Bi contained in at least one of a negative electrode active material-containing layer and a separation layer at a first concentration being 2% or more and 8.2% or less, the first concentration corresponding to a first metal concentration in a boundary region spanning over 10 μm in a thickness direction including a boundary between the negative electrode active material-containing layer and the separation layer, the first metal concentration being represented by Equation 1 below, and a ratio of the first concentration to a second concentration being 2.5 or more and less than 4, the second concentration corresponding to the first metal concentration in a region among the negative electrode active material-containing layer excluding the boundary region: Equation 1: first metal concentration = atomic concentration of first metal element / sum of atomic concentrations of elements B to U in periodic table excluding carbon and oxygen.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Takami (US 2017/0222272 A1) discloses a secondary battery (FIG. 1, [0286]), comprising a negative electrode (4, [0283]), the negative electrode (4) comprising a negative electrode active material-containing layer (4b) that contains a titanium-containing oxide (FIG. 4, [0283]); a positive electrode (3, [0282]); a separation layer (5) in contact with the negative electrode active material-containing layer (4b) and positioned between the negative electrode (4) and the positive electrode (FIG. 1, [0285]); and an aqueous electrolyte (FIG. 1, [0286]), at least one of the negative electrode active material-containing layer and the separation layer containing one or more first metal element selected from the group consisting of Hg, Pb, Zn, and Bi (TABLE 1, [0287]).
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean P Cullen, Ph.D. whose telephone number is (571)270-1251. The examiner can normally be reached Monday to Thursday 6:00 am to 4:00 pm CT, Friday 6:00 am to 12:00 pm CT.
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, Basia A Ridley can be reached at (571)272-1453. 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.
/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725