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 1–11, 13, 17, 23–26, 31, and 34–50 are pending.
Claims 12, 14–16, 18–22, 27–30, 32, and 33 are canceled.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
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 2023/0318022 A1.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 06 May 2026 was filed after the mailing date of the non-final Office Action on 07 January 2026. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Specification
Applicants' amendments have overcome the objections to the specification.
Applicants' amendments have overcome the objections of claims 1 and 26.
Applicants' amendments have overcome the rejections of claims 1–11, 13, 17, 23–26, 31, and 34–47 under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph.
Claim Rejections - 35 USC § 103
Claims 1, 2, 5, 6, 9–11, 13, 17, 24, 26, 34–43, and 48–50 are rejected under 35 U.S.C. 103 as being unpatentable over Huang et al. (WO 2011/110179 A1, hereinafter Huang) in view of Grau et al. (US 2021/0336304 A1, hereinafter Grau).
Regarding claims 1, 9 and 10 Huang discloses a method of forming a battery (10, [0130]), the method comprising:
positioning within an enclosure (111) enclosing the electrode assembly (117, [0203]),
the electrode assembly (117) comprising unit cells (117, [0203]),
each unit cell (117) of the unit cells (117) comprising an electrode structure (1171) separated by a separator structure (1172) from a counter-electrode structure (1173, [0215]);
flaps (114a, 1133) comprising a first side flap (114a) extending from a pouch (1111) at a first fold line (116, [0196]), a second side flap extending from the pouch at a second fold line (116, [0196]), and an end flap (1133) extending from the pouch at a third fold line (FIG. 47, [0231]),
the enclosure (111) comprising the flaps (FIG. 47; [0196], [0231]),
the pouch (1111) comprising the electrode assembly (117, [0203]);
contacting (a) the first side flap (114a) with the pouch at least in part by folding the first side flap (114a) about the first fold line (116) towards and into contact with the pouch (1111) such that a portion of the first side flap (114a) extends beyond the pouch to define a first tab (1131, [0231]), and (b) the second side flap (114a) about the second fold line (116) towards and into contact with the pouch (1111) such that a portion of the second side flap (114a) extends beyond the pouch (1111) to define a second tab (1132, [0231]);
contacting the end flap (1133) with the pouch (1111) at least in part by folding the end flap (1133) about the third fold line towards and into contact with the pouch (1111, [0175]); and
contacting (I) the first tab (1131) with the end flap (1133) at least in part by folding the first tab (1131) towards and into contact with the end flap (1133) and (II) the second tab (1132) with the end flap (1133) at least in part by folding the second tab (1132) towards and into contact with the end flap (1133, [0231]),
the contacting being such that (A) the first tab (1131) and the second tab (1132) both contact the end flap (1133) while the end flap (1133) contacts the pouch (1111, [0231]), (B) each of the first tab (1131) and the second tab (1132) comprises a face type having a largest surface area, each of the first tab (1131) and the second tab (1132) comprises an exposed face of the face type (FIG. 47, [0231]), the exposed face being exposed to an exterior environment of the battery (10), or (C) a combination of (A) and (B) (FIG. 47, [0231]);
each of the flaps (114a, 1133) has a width, measured respectively from the first fold line (116), the second fold line (116), or the third fold line to a free edge of each of the flaps (FIG. 47; [0196], [0231]), less than or equal to a height of the pouch (1111; [0196], [0231]),
such that when each of the flaps (114a, 1133) is folded into contact with the pouch (1111), none of the flaps (114a, 1133) extend beyond the height of the pouch (1111; [0196], [0231])
Huang does not explicitly disclose:
trimming the enclosure to form flaps.
wherein the trimming of the enclosure comprises trimming by die cutting, rotary cutting, reciprocal cutting, laser cutting, fluid jet cutting, or any combination thereof.
Grau discloses a method of forming a battery, the method comprising trimming an enclosure (13, 14) to form the flaps (FIG. 4, [0063]); and wherein trimming the enclosure (13, 14) comprises trimming by die cutting, rotary cutting, reciprocal cutting, laser cutting, fluid jet cutting, or any combination thereof to improve product quality, cycle times and accuracy in production (see die, [0063]). Huang and Grau are analogous because they are directed to methods of forming pouch batteries. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to trim the enclosure of Huang as taught by Grau in order to improve product quality, cycle times and accuracy in production.
Regarding claim 13, modified Huang discloses all the claim limitations as set forth above and further discloses a method:
wherein the enclosure (1111) includes a first enclosure layer (1111) and a second enclosure layer (1111) joined with the first enclosure layer (1111, [0144]), and
each of the flaps (114a, 1133) including a first surface defined by the first enclosure layer (1111) and an opposing second surface defined by the second enclosure layer (1111, [0208]).
Regarding claim 17, modified Huang discloses all the claim limitations as set forth above and further discloses a method:
wherein compressing against the pouch (1111) (A) the first side flap (114a) and (B) the second side flap (114a), comprises compressing while heated at a first temperature for a first compression time (FIG. 47, [0231]); and
wherein compressing against the pouch (1111) (a) the end flap (1133), (b) the first tab (1131), and (c) the second tab (1132), comprises compressing while heated at a second temperature for a second compression time (FIG. 47, [0231]).
Regarding claim 26, modified Huang discloses all the claim limitations as set forth above and further discloses a method, wherein the enclosure (1111) includes a first enclosure layer (1111) and a second enclosure layer (1111) joined with the first enclosure layer (1111, [0130]), the pouch (1111) including
a base (1111) defined by the first enclosure layer (1111, [0130]),
a cover (1111) positioned opposite the base (1111, [0130]),
the cover (1111) being defined by the second enclosure layer (1111, [0130]),
a first sidewall (11123) extending from the base (1111) to the cover (1111, [0196]),
a second sidewall (1123) positioned opposite the first sidewall (1123) and extending from the base (1111) to the cover (1111, [0196]),
a first end wall (1122) extending from the first sidewall (1123) to the second sidewall (1123) and from the base (1111) to the cover (1111, [0196]), and
a second end wall (1121) positioned opposite the first end wall (1122) and extending from the first sidewall (1123) to the second sidewall (1123) and from the base (1111) to the cover (1111, [0196]).
Regarding claim 34, modified Huang discloses all the claim limitations as set forth above and further discloses a method:
wherein the battery (10) is a lithium containing secondary battery (10, [0002]).
Regarding claim 35, modified Huang discloses all the claim limitations as set forth above and further discloses a method:
wherein the electrode assembly (117) is operatively coupled with an electrode busbar (115a) and a counter-electrode busbar (116a, [0243]).
Regarding claim 36, modified Huang discloses all the claim limitations as set forth above and further discloses a method:
wherein a first terminal (121a) is electrically connected with the electrode busbar (115a, [0243]), and
a second terminal (121a) is electrically connected with the counter-electrode busbar (116a, [0243]).
Regarding claim 37, modified Huang discloses all the claim limitations as set forth above and further discloses a method:
wherein the electrode assembly (117) is operatively coupled with a first terminal (121a) and a second terminal (121a, [0243]),
each of the first terminal (121a) and the second terminal (121a)extending outward from the second end wall (1121, [0243]).
Regarding claim 38, modified Huang discloses all the claim limitations as set forth above and further discloses a method:
wherein the electrode assembly (117) is within a volume defined by a casing (1111) configured to facilitate distribution of an electrolyte solution therethrough (FIG. 47, [0260]),
the casing (1111) being a constraint (FIG. 47, [0260]).
Regarding claim 39, modified Huang discloses all the claim limitations as set forth above and further discloses a method:
wherein the pouch (1111) is sized and shaped to respectively match an outer surface size and shape of the electrode assembly (17, [0208]).
Regarding claim 40, modified Huang discloses all the claim limitations as set forth above and further discloses a method:
wherein (A) the pouch is gas tight, (B) the pouch is liquid tight, or (C) any combination thereof (see sealed, [0198]).
Regarding claim 41, modified Huang discloses all the claim limitations as set forth above and further discloses a method
wherein the method is carried out at least in part in a controlled environment (see pressure, [0123]).
Regarding claim 42, modified Huang discloses all the claim limitations as set forth above and further discloses a method, further comprising:
controlling a temperature, a pressure, or the temperature and the pressure (see pressure, [0123]).
Regarding claim 48, modified Huang discloses all the claim limitations as set forth above and further discloses a method:
wherein the contacting is such that the first tab (1131) and the second tab (1132) contact the end flap (1133) while the end flap (1133) contacts the pouch (1111, [0231]).
Regarding claim 49, modified Huang discloses all the claim limitations as set forth above and further discloses a method, wherein the contacting is such that each of the first tab and the second tab comprises:
the face type having the largest surface area, each of the first tab (1131) and the second tab (1132) comprises the exposed face of the face type (FIG. 47, [0231]),
the exposed face being exposed to the exterior environment of the battery (10, [0247]).
Regarding claim 50, modified Huang discloses all the claim limitations as set forth above and further discloses a method:
wherein the first tab (1131) and the second tab (1132) contact the end flap (1133) while the end flap (1131) contacts the pouch (1111) at least in part by the end flap (1133) being affixed with the pouch (1111, [0231]).
Claims 2–8, 11, 24, 31, and 44 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (WO 2011/110179 A1) in view of Grau (US 2021/0336304 A1) as applied to claims 1 and 26 above, and further in view of Akao (JP 2002-260602 A).
Regarding claims 2–8, 11, 24, 31, and 44, modified Huang discloses all the claim limitations as set forth above and further discloses a method:
wherein contacting the first side flap (114a) and the second side flap (114a) with the pouch (1111) comprises compressing against the pouch (1111) (i) the first side flap (114a) and (ii) the second side flap (114a, [0210]);
wherein the contacting of the end flap (1133) with the pouch (1111) comprises folding the end flap (1133) about the third fold line towards the pouch (1111, [0231]); and compressing against the pouch (1111) (i) the end flap (1133), (ii) the first tab (1131), and (iii) the second tab (1132, [0231]), the compressing being after the first tab (1131) and after the second tab (1132) are folded towards and into contact with the end flap (1133, [0231]); and
wherein the contacting to the end flap (1133) to the first tab (1131) and the second tab (1132), comprises folding the first tab (1131) and the second tab (1132) towards and into contact with the end flap (1133, [0231]); and
compressing against the pouch (1111) (a) the end flap (1133), (b) the first tab (1132), and (c) the second tab (1133, [0231]).
Huang does not explicitly disclose:
applying a bonding agent to at least one of the end flap and the pouch;
after the end flap is folded towards and into contact with the pouch, applying a bonding agent to at least one of (a) the end flap and (b) each of the first tab and the second tab;
applying a bonding agent (a) to at least one of the first side flap and the pouch, and (b) to at least one of the second side flap and the pouch; and
wherein the bonding agent comprises adhesive strips, liquid adhesives, or any combination thereof;
wherein the enclosure comprises a polymer, a resin, an elemental metal, a metal alloy, a composite, or any combination thereof;
wherein a material of the enclosure comprises aluminum, aluminum alloy, or any combination thereof;
wherein the compressing of the first side flap and second side flap against the pouch comprises compressing at a temperature in a range of from 50 degrees Celsius (°C) to 150 °C;
wherein the compressing of the first side flap and second side flap against the pouch comprises compressing for a time in a range of from 10 seconds to 60 seconds;
wherein (A) the compressing comprises a clamp or a vice, (B) the method comprises using heat at a temperature of 50°C to 150°C, or a combination of (A) and (B);
wherein the compressing against the pouch (a) the end flap, (b) the first tab, and (c) the second tab, comprises compressing at a temperature in a range from 50 °C to 150 °C;
wherein the compressing against the pouch (a) the end flap, (b) the first tab, and (c) the second tab, comprises compressing for a time in a range of from 10 seconds to 60 seconds; and
wherein compressing against the first end wall (a) the end flap, (b) the first tab, and (c) the second tab comprises applying a compressive force across the first end wall equal to a pressure of at least three (3) pounds per square inch.
Akao discloses a method of forming a battery (FIG. 1, [0037]), the method comprising applying a bonding agent (15a, 15b) to at least one of an end flap (4a) and the pouch (3a, [0035]); after the end flap (4a) is folded towards and into contact with the pouch (3a), applying a bonding agent (15a) to at least one of (a) the end flap (4a) and (b) each of a first tab and a second tab (FIG. 6, [0035]); applying a bonding agent (15a, 15b) to at least one of a first side flap (4b) and the pouch (3a), and (b) to at least one of the second side flap (4c) and the pouch (3a, [0028]); and wherein the bonding agent (15a, 15b) comprises adhesive strips, liquid adhesives, or any combination thereof (see adhesive, [0029]); wherein an enclosure (3) comprises a polymer, a resin, an elemental metal, a metal alloy, a composite, or any combination thereof (FIG. 3, [0029]); wherein a material of the enclosure (3) comprises aluminum, aluminum alloy, or any combination thereof (FIG. 3, [0029]); compressing a side flap (10a) against a pouch (3, [0037]) at a temperature in a range of from 50 degrees Celsius (°C) to 150 °C (see adhesion temperature, [0030]); wherein compressing the side flap against the pouch comprises compressing for a time in a range of from 10 seconds to 60 seconds (see adhesion time, [0030]); wherein (A) the compressing comprises a clamp or a vice and/or (B) the method comprises using a hot press (see adhesion conditions, [0030]); wherein compressing against the pouch (a) an end flap (10b) and (c) a tab (15), comprises compressing at a temperature in a range from 50 °C to 150 °C (see adhesion temperature, [0030]); wherein compressing against the pouch (a) the end flap (10b) and (c) the tab (15), comprises compressing for a time in a range of from 10 seconds to 60 seconds (see adhesion time, [0030]); and wherein compressing against an end wall (14) (a) the end flap (10b) and (c) the second tab (15) comprises applying a compressive force across the first end wall equal to a pressure of at least three (3) pounds per square inch (see pressure, [0030]) to improve the strength of the battery (TABLE 2, [0047]). Huang and Akao are analogous because they are directed to methods of forming pouch batteries. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the battery of modified Huang with the adhesion conditions of Akao in order to improve the strength of the battery.
Claims 25 and 45–47 are rejected under 35 U.S.C. 103 as being unpatentable over Huang (WO 2011/110179 A1) in view of Grau (US 2021/0336304 A1) as applied to claims 1 and 34 above, and further in view of Zhu et al. (US 2020/0395593 A1, hereinafter Zhu).
Regarding claims 25 and 45–47, modified Huang discloses all the claim limitations as set forth above, but does not explicitly disclose a method, further comprising before the trimming of the enclosure to form the flaps:
positioning an auxiliary electrode within the pouch;
performing a buffer process whereby carrier ions from the auxiliary electrode are transferred to the electrode assembly;
removing the auxiliary electrode from the pouch after the buffer process; and
sealing the enclosure with the electrode assembly positioned within the pouch;
wherein the auxiliary electrode partially surrounds the electrode assembly;
performing buffering at least in part to form a solid electrolyte interface (SEI) on a surface of anode active material of the electrode assembly; and
wherein the battery is configured to undergo an initial formation procedure different from subsequent charge and discharge cycles.
Zhu discloses a method of forming a battery (100, [0030]), the method comprising positioning an auxiliary electrode (108) within a pouch (102) before trimming of an enclosure (102) to form flaps (FIG. 1A, [0030]); performing a buffer process whereby carrier ions from the auxiliary electrode (108) are transferred to an electrode assembly (104, 106; [0030]); removing the auxiliary electrode (108) from the pouch (102) after the buffer process (FIG. 1A, [0030]); and sealing the enclosure (102) with the electrode assembly (104, 106) positioned within the pouch (102, [0030]); wherein the auxiliary electrode (108) partially surrounds the electrode assembly (104, 106; [0030]); performing buffering at least in part to form a solid electrolyte interface (SEI) on a surface of anode active material of the electrode assembly (104, 106; [0086]); and wherein the battery is configured to undergo an initial formation procedure (664) different from subsequent charge and discharge cycles (FIG. 6B, [0061]) to improve the capacity of the battery (see pre-lithiation, [0027]). Huang and Zhu are analogous because they are directed to lithium batteries. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the battery of modified Huang with the auxiliary electrode and buffering of Zhu in order to improve the capacity of the battery.
Response to Arguments
Applicant's arguments with respect to Mita 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.
Applicant's arguments with respect to Grau, Akao, and Zhu have been fully considered but they are not persuasive.
Applicants argue Grau does not disclose "contacting (I) the first tab to the end flap at least in part by folding the first tab towards and into contact with the end flap and (II) the second tab to the end flap at least in part by folding the second tab towards and into contact with the end flap, the contacting being such that (A) the first tab and the second tab contact the end flap while the end flap contacts the pouch, (B) each of the first tab and the second tab comprises a face type having a largest surface area, each of the first tab and the second tab comprises an exposed face of the face type, the exposed face being exposed to an exterior environment of the battery, or (C) a combination of (A) and (B)" (P15/¶5). Note that while Grau does not disclose all the features of the present claimed invention, Grau is used as teaching reference, and therefore, it is not necessary for this secondary reference to contain all the features of the presently claimed invention, In re Nievelt, 482 F.2d 965, 179 USPQ 224, 226 (CCPA 1973), In re Keller 624 F.2d 413, 208 USPQ 871, 881 (CCPA 1981). Rather this reference teaches a certain concept, namely trimming an enclosure, and in combination with the primary reference, discloses the presently claimed invention.
Applicants argue Akao does not disclose "contacting (I) the first tab to the end flap at least in part by folding the first tab towards and into contact with the end flap and (II) the second tab to the end flap at least in part by folding the second tab towards and into contact with the end flap, the contacting being such that (A) the first tab and the second tab contact the end flap while the end flap contacts the pouch, (B) each of the first tab and the second tab comprises a face type having a largest surface area, each of the first tab and the second tab comprises an exposed face of the face type, the exposed face being exposed to an exterior environment of the battery, or (C) a combination of (A) and (B)" (P16/¶6). Note that while Akao does not disclose all the features of the present claimed invention, Akao is used as teaching reference, and therefore, it is not necessary for this secondary reference to contain all the features of the presently claimed invention, In re Nievelt, 482 F.2d 965, 179 USPQ 224, 226 (CCPA 1973), In re Keller 624 F.2d 413, 208 USPQ 871, 881 (CCPA 1981). Rather this reference teaches a certain concept, namely the particulars of compressing flaps against a pouch, and in combination with the primary reference, discloses the presently claimed invention.
Applicants argue Zhu does not disclose "contacting (I) the first tab to the end flap at least in part by folding the first tab towards and into contact with the end flap and (II) the second tab to the end flap at least in part by folding the second tab towards and into contact with the end flap, the contacting being such that (A) the first tab and the second tab contact the end flap while the end flap contacts the pouch, (B) each of the first tab and the second tab comprises a face type having a largest surface area, each of the first tab and the second tab comprises an exposed face of the face type, the exposed face being exposed to an exterior environment of the battery, or (C) a combination of (A) and (B)" (P17/¶1). Note that while Zhu does not disclose all the features of the present claimed invention, Zhu is used as teaching reference, and therefore, it is not necessary for this secondary reference to contain all the features of the presently claimed invention, In re Nievelt, 482 F.2d 965, 179 USPQ 224, 226 (CCPA 1973), In re Keller 624 F.2d 413, 208 USPQ 871, 881 (CCPA 1981). Rather this reference teaches a certain concept, namely using an auxiliary electrode during battery formation, and in combination with the primary reference, discloses the presently claimed invention.
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 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.
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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.
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/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725
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