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 .
Summary
This is the initial Office Action based on Application 18/266,992 and is in response to a Request for Continued Examination filed 07/28/2026.
Claims 1-20 are previously pending, of those claims, claims 1 has been amended, claims 13 and 15 have been canceled, and new claims 21-22 have been added. All amendments have been entered. Claims 1-12, 14, and 16-22 are currently pending and have been fully considered.
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 4 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 4 recites that the positive electrode comprises either a nickel compound or a non-nickel compound. Those are the only two options, and therefore does not further limit the claim. 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 § 102
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, 3-4, 16, and 22 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by XU (US 2023/0129961 A1).
With respect to claim 1. XU teaches a battery pack 1 (paragraph 0060) when used in a low temperature environment battery cells located on an inner side inside the battery pack have a higher temperature and better low-temperature discharge performance, while battery cells located on an outer side inside the battery pack have a lower temperature (paragraph 0056). The battery pack 1 includes a case and a plurality of battery cells 61, 62, and 63 (paragraph 0062). The pack includes a first area R1, a second area R2, and a third area R3 (paragraph 0063). The areas R1 and R2 are taken to be in a middle park, and the area R3 are in an upper and lower part. First battery cell 61 is provided in the first area, second battery cells 62 are provided in the second area R2, and third battery cells 63 are provided in the third area R3 (paragraph 0064). The battery cells 61, 62, and 63 have different low-temperature energy retention rates (paragraph 0067). Specifically the cells having higher low-temperature energy retention rates are provide din the areas with the lower temperatures (paragraph 0067). Specifically a low-temperature energy retention rate of the third battery cells 63 > a low temperature energy retention rate of the second battery cells 62 > a low temperature energy retention rate of the first battery cells 61 (paragraph 0072). Thus the energy released at a low temperature by the battery cells 61, 62, and 63 provided in the areas R1, R2, and R3 with different temperatures inside the battery pack can be approximately the same, thereby increasing the overall low temperature energy retention rate of the battery pack (paragraph 0072). Thus the battery cells located in the middle part, including cells 61 and 62 have an increase in temperature smaller than the increase in temperature of the of the cells 63 in order to equalize the temperatures inside the battery as described above. In implementation the ratio of the number of first battery cells accounts for 10% to 30%, the number of second battery cells 62 accounts for 25% to 50%, and the number of third battery cells 63 accounts for 30% to 60% (paragraph 0102). In one embodiment the number of first battery cells is 12, second battery cells is 32, and third battery cells is 40 (paragraph 0159) giving the amount of the second battery cells 62 being 38% based on the total number of cells.
With respect to claim 3. XU teaches the battery includes a positive electrode, a negative electrode and a separator (paragraphs 0111-0116).
With respect to claim 4. XU teaches the positive electrode active material includes a nickel compound (paragraph 0020).
With respect to claim 16. XU teaches the separator is a polyethylene separator (paragraph 0114).
With respect to claim 22. XU teaches the first unit cells in the region R2 extend across the assembly (Figure 2).
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.
Claim(s) 2, 5-12, 14, 17, 19, and 21 is/are rejected under 35 U.S.C. 103 as being unpatentable over XU (US 2023/0129961 A1) in view of LI (WO 2023/039913 A1, citing US 20230086688 A1 as an English language translation).
Claim 2 is dependent upon claim 1 which is rejected above under 35 U.S.C. 102 in view of XU. XU teaches the different low temperature energy retention rate (paragraph 0013). XU further teaches specific energy densities of the different positive electrode active material with different energy densities (paragraph 0023). However, XU does not explicitly teach the claimed energy density of the first unit is lower than that of the second unit.
LI teaches a battery pack 1 which includes a battery case and a plurality of battery cells arranged in the battery case (paragraphs 0065-0066). The battery pack 1 comprises the plurality of cells 5, 6 received in the cavity (paragraph 0067). The interior space of the battery pack cavity can be divided into a first region R1 with a temperature change rate of K1 and a second region R2 with a temperature change rate of K2 (paragraph 0067). The first region R1 has a large temperature change rate and the second region R2 has a small temperature change rate (paragraphs 0069-0070). The first region R1 with a large temperature change rate is usually the outermost region in the interior state of the battery pack, and the second region with a small temperature change rate is usually a region that is located at the inner side of the interior space of the battery pack cavity (paragraph 0071). The first battery cell 4 is arranged in the first region, and the second battery cell 6 is arranged in the second region (paragraph 0067).
LI teaches the E2 < E1 (Table 3). E1 relates to the first battery cells, which are analogous to the claimed second unit cells, E2 relates to the second battery cells, which are the claimed first unit cells. Therefore the energy density of the second unit is greater than the energy density of the first unit.
Therefore at the time the invention was filed one having ordinary skill in the art would have been motivated to have the first unit having a lower energy density than the second unit as taught by LI for the battery pack of XU, as this is a combination of known prior art elements in order to achieve predictable results.
Claim 5 is dependent upon claim 3 which is rejected above under 35 U.S.C. 102 in view of XU. XU teaches the positive electrode includes various nickel compounds (paragraph 0020). However, XU does not explicitly teach a first and second unit cells includes a content of nickel of 60-100 mol%.
LI teaches the number of first battery cells 4 in the first region R1 accounts for 10% or more, up to 80%, the second battery cells 6 in the second region accounts for 50% or more of the cells in the region (paragraph 0092-0094). Therefore each of the regions are taught to include some of the first and second battery cells, 5 and 6 respectively. The first battery cells then include an active material with Ni present in an amount of less than 60 mol% (Table 1).
At the time the invention was filed one having ordinary skill in the art would have been motivated to substitute the active material of XU with that of LI as this is a simple substitution of known prior art elements in order to achieve predictable results.
Claim 6 is dependent upon claim 4 which is rejected above under 35 U.S.C. 102 in view of XU. XU teaches the positive electrode active material including a non-nickel containing lithium iron phosphate, and a nickel compound (paragraph 0022).
LI teaches the first battery cells, which are taken to be the claimed second unit cells, include a active material containing nickel (Table 1). The second battery cells, taken to be the claimed first unit cells include an active material which does not include nickel (Table 2).
At the time the invention was filed one having ordinary skill in the art would have been motivated to substitute the active material of XU for that of LI as this is a simple substitution of one known prior art element for another in order to achieve predictable results.
With respect to claim 7. LI teaches in one embodiment the active material may be a lithium nickel oxide LiNiO2 (paragraph 0118). The choice of the active material being LiNiO2 would have been obvious at the time the invention was filed as this is a choice from a finite list of elements in order to achieve predictable results.
Claim 8 is dependent upon claim 6. XU teaches the positive electrode includes various nickel compounds (paragraph 0020). However, XU does not explicitly teach a first and second unit cells includes a content of nickel of 60-100 mol%.
LI teaches the number of first battery cells 4 in the first region R1 accounts for 10% or more, up to 80%, the second battery cells 6 in the second region accounts for 50% or more of the cells in the region (paragraph 0092-0094). Therefore each of the regions are taught to include some of the first and second battery cells, 5 and 6 respectively. The first battery cells then include an active material with Ni present in an amount of less than 60 mol% (Table 1).
At the time the invention was filed one having ordinary skill in the art would have been motivated to substitute the active material of XU with that of LI as this is a simple substitution of known prior art elements in order to achieve predictable results.
Claim 9 is dependent upon claim 4. XU teaches the positive electrode active material includes a lithium nickel manganese cobalt oxide (paragraph 0020). XU does not explicitly teach the compound has Formula 1.
LI teaches the active material may be LiNi0.55Co0.05Mn0.4O2 (Table 1).
At the time the invention was filed one having ordinary skill in the art would have been motivated to substitute the active material of XU with that of LI, as this is a simple substitution of one known prior art elements in order to achieve predictable results.
Claim 10 is dependent upon claim 4. LI teaches in one embodiment the active material may be a lithium nickel oxide LiNiO2 (paragraph 0118). The choice of the active material being LiNiO2 would have been obvious at the time the invention was filed as this is a choice from a finite list of elements in order to achieve predictable results.
At the time the invention was filed one having ordinary skill in the art would have been motivated to substitute the active material of XU with that of LI as this is a simple substitution of known prior art elements in order to achieve predictable results.
Claim 11 is dependent upon claim 4. XU teaches the active material may be a lithium metal cobalt oxide or a lithium phosphate oxide (paragraphs 0022-0023). XU does not explicitly teach the specific formulas for these compounds.
LI teaches the positive electrode active material of the second cell is LFP (Table 2) which is LiFePO4 (paragraph 0118).
At the time the invention was filed one having ordinary skill in the art would have been motivated to substitute the active material of XU with that of LI, as this is a simple substitution of one known prior art elements in order to achieve predictable results.
Claim 14 is dependent upon claim 2. XU teaches the active material of the batteries include a lithium iron phosphate (paragraph 0022). Further there are other active materials that includes a nickel compound (paragraph 0022).
LI teaches the number of first battery cells 4 in the first region R1 accounts for 10% or more, up to 80%, the second battery cells 6 in the second region accounts for 50% or more of the cells int eh region (paragraph 0092-0094). Therefore each of the regions are taught to include some of the first and second battery cells, 5 and 6 respectively. The second battery cells may include the LiFePO4 (Table 2) and are taken to be analogous to the claimed first unit cells. The first battery cells include an active material including Ni (Table 1) and are taken to be the claimed second unit cells.
Therefore at the time the invention was filed one having ordinary skill in the art would have been motivated to have the active material of XU replaced by that of LI as this is a simple substitution of one known prior art element for another in order to achieve predictable results.
With respect to claim 17. XU teaches the nickel compound can be a nickel cobalt aluminum oxide (paragraph 0020).
With respect to claim 19. XU teaches the active material may be lithium titanate (paragraph 0020).
Claim 21 is dependent upon claim 5 which is rejected above under 35 U.S.C. 103 in view of XU and LI. LI teaches the lithium nickel oxide active material with a nickel content of 0.55 mol% (Table 1). XU and LI does not explicitly teach the nickel content of the second compound is between 60-100 mol%.
XU teaches the active material may include lithium nickelate, which is taken to have a nickel content between 60-100 mol%. Therefore at the time the invention was filed one having ordinary skill in the art would have been motivated to use the lithium nickelate for the second active material as this would have been obvious to try at the time the invention was filed.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over XU (US 2023/0129961 A1) in view of LI (WO 2023/039913 A1, citing US 20230086688 A1 as an English language translating) as applied to claim 6 above, and further in view of LEE (US 2019/0267621 A1).
Claim 18 is dependent upon claim 6 which is rejected above under 35 U.S.C. 103 in view of XU and LI. LI teaches the active material of the positive electrode includes a lithium nickel cobalt aluminum oxide (paragraph 0118) but does not explicitly teach the claimed compound.
LEE teaches a positive electrode active material (abstract). The active material may be one of formula 2, which is a Li nickel cobalt and metal oxide, where the metal may be one of Al (paragraphs 0049-0050). All of a, b, and c are between 0 and 1 (paragraph 0050). Therefore at the time the invention was filed one having ordinary skill in the art would have been able to choose the desired active material compound, including the LiNi1/3Co1/3Al1/3O2, as these elements and quantities are known ranges for the active material as taught by XU, LI, and LEE, and therefore would have been obvious at the time the invention was filed.
Claim(s) 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over LI (WO 2023/039913 A1, citing US 20230086688 A1 as an English language translating) in view of BUCHKREMER (US 2018/0123121 A1).
Claim 20 is dependent upon claim 6 which is rejected above under 35 U.S.C. 103 in view of XU and LI. XU teaches the active material is a non-nickel compound such as lithium iron phosphate (paragraph 0020). LI teaches the positive electrode active materials including various lithium metal oxides (paragraph 0118) but does not explicitly teach one of the claimed lithium nickel compounds.
BUCHKREMER teaches a positive electrode material which includes lithium metal oxides (paragraph 0015). Included are spinel compounds which include Li2FeSiO4 (paragraph 0019).
At the time the invention was filed one having ordinary skill in the art would have been motivated to substitute the active material of XU and LI with the Li2FeSiO4 active material of BUCHKREMER as this is a simple substitution of one known prior art element for another in order to achieve predictable results.
Response to Arguments
Applicant’s arguments, see pages 9-13 of Applicant Arguments/Remarks, filed 07/28/2026, with respect to the rejection(s) of claim(s) 1-6, 8-9, 11-12, 14, and 16-17 under 35 U.S.C. 102 in view of LI have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of XU (US 2023/0129961 A1).
Applicant’s argument that the specification as originally filed shows the claimed ratio of 20-40% based on the total number of unit cells results in improved battery performance and thermal stability (page 11 of Applicant Arguments/Remarks). Similarly the arguments on pages 12-13 showing unexpected results were found to be persuasive. Therefore the rejection in view of LI has been withdrawn. However, new grounds of rejection are made in view of XU (US 2023/0129961 A1).
XU teaches a battery pack 1 (paragraph 0060). The battery pack 1 includes a case and a plurality of battery cells 61, 62, and 63 (paragraph 0062). The pack includes a first area R1, a second area R2, and a third area R3 (paragraph 0063). The areas R1 and R2 are taken to be in a middle park, and the area R3 are in an upper and lower part. The battery cells 61, 62, and 63 have different low-temperature energy retention rates (paragraph 0067). Specifically the cells having higher low-temperature energy retention rates are provide din the areas with the lower temperatures (paragraph 0067). Specifically a low-temperature energy retention rate of the third battery cells 63 > a low temperature energy retention rate of the second battery cells 62 > a low temperature energy retention rate of the first battery cells 61 (paragraph 0072). Thus the energy released at a low temperature by the battery cells 61, 62, and 63 provided in the areas R1, R2, and R3 with different temperatures inside the battery pack can be approximately the same, thereby increasing the overall low temperature energy retention rate of the battery pack (paragraph 0072). Thus the battery cells located in the middle part, including cells 61 and 62 have an increase in temperature smaller than the increase in temperature of the of the cells 63 in order to equalize the temperatures inside the battery as described above. In one embodiment the number of first battery cells is 12, second battery cells is 32, and third battery cells is 40 (paragraph 0159) giving the amount of the second battery cells 62 being 38% based on the total number of cells.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JONATHAN G JELSMA whose telephone number is (571)270-5127. The examiner can normally be reached Monday through Friday 9:00 AM to 4:00 PM EST.
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/JONATHAN G JELSMA/Primary Examiner, Art Unit 1722
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