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 .
Election/Restrictions
Newly submitted claim 15 is directed to an invention that is independent or distinct from the invention originally claimed for the following reasons:
REQUIREMENT FOR UNITY OF INVENTION
As provided in 37 CFR 1.475(a), a national stage application shall relate to one invention only or to a group of inventions so linked as to form a single general inventive concept (“requirement of unity of invention”). Where a group of inventions is claimed in a national stage application, the requirement of unity of invention shall be fulfilled only when there is a technical relationship among those inventions involving one or more of the same or corresponding special technical features. The expression “special technical features” shall mean those technical features that define a contribution which each of the claimed inventions, considered as a whole, makes over the prior art.
The determination whether a group of inventions is so linked as to form a single general inventive concept shall be made without regard to whether the inventions are claimed in separate claims or as alternatives within a single claim. See 37 CFR 1.475(e).
When Claims Are Directed to Multiple Categories of Inventions:
As provided in 37 CFR 1.475 (b), a national stage application containing claims to different categories of invention will be considered to have unity of invention if the claims are drawn only to one of the following combinations of categories:
(1) A product and a process specially adapted for the manufacture of said product; or
(2) A product and a process of use of said product; or
(3) A product, a process specially adapted for the manufacture of the said product, and a use of the said product; or
(4) A process and an apparatus or means specifically designed for carrying out the said process; or
(5) A product, a process specially adapted for the manufacture of the said product, and an apparatus or means specifically designed for carrying out the said process.
Otherwise, unity of invention might not be present. See 37 CFR 1.475 (c).
Restriction is required under 35 U.S.C. 121 and 372.
This application contains the following inventions or groups of inventions which are not so linked as to form a single general inventive concept under PCT Rule 13.1.
In accordance with 37 CFR 1.499, applicant is required, in reply to this action, to elect a single invention to which the claims must be restricted.
Group I, claim(s) 1-10, drawn to an activation method & claims 11-14, drawn to an activation device.
Group II, claim 15, drawn to an activation method having a sliding portion.
Group I and Group II lack unity of invention because the groups do not share the same or corresponding technical feature.
Since applicant has received an action on the merits for the originally presented invention, this invention has been constructively elected by original presentation for prosecution on the merits. Accordingly, claim 15 is withdrawn from consideration as being directed to a non-elected invention. See 37 CFR 1.142(b) and MPEP § 821.03.
To preserve a right to petition, the reply to this action must distinctly and specifically point out supposed errors in the restriction requirement. Otherwise, the election shall be treated as a final election without traverse. Traversal must be timely. Failure to timely traverse the requirement will result in the loss of right to petition under 37 CFR 1.144. If claims are subsequently added, applicant must indicate which of the subsequently added claims are readable upon the elected invention.
Should applicant traverse on the ground that the inventions are not patentably distinct, applicant should submit evidence or identify such evidence now of record showing the inventions to be obvious variants or clearly admit on the record that this is the case. In either instance, if the examiner finds one of the inventions unpatentable over the prior art, the evidence or admission may be used in a rejection under 35 U.S.C. 103 or pre-AIA 35 U.S.C. 103(a) of the other invention.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they do not include the following reference sign(s) mentioned in the description: in P29 par 2 “pressure cylinder (124)” is not in the drawings. Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Specification
The disclosure is objected to because of the following informalities: in P6 par 4 “planar potion” appears to be a typo and should read “planar portion”.
Appropriate correction is required.
Claim Objections
Claim 10 is objected to because of the following informalities: in lines 2-3 “further comprising an aging process aging the lithium secondary battery after competition of the formation process” appear to include a typo and should read “further comprising an aging process aging the lithium secondary battery after completion of the formation process”. Appropriate correction is required.
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.
Claims 1-2, 5, 7, and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Shim et al. (KR 20160132572 A, “Shim”) in view of Kim et al. (KR 20180093321 A, “Kim”). The machine translations are used herein for citation purposes.
Regarding claim 1, Kim discloses an activation method for a lithium secondary battery having an electrode lead (see abstract “method for manufacturing a battery cell” & “charging to activate a battery cell”; see FIG. 2 describes leads “60” & “70”), the method comprising: a pre-aging process aging the lithium secondary battery at room temperature (see claim 11 describes “aging process between the activation of the process (c) and process (e)” & claim 12 describes room temperature); a formation process charging the lithium secondary battery (see abstract “performing charging to activate a battery cell”); and a roll-pressing process pressurizing the lithium secondary battery with a pressure roller (see abstract “nip pressure”; see FIG. 2 “pressure rollers 151 and 152”), the roll-pressing process including pressing of the lithium secondary battery where the electrode lead is located (see [0066] “pair of pressure rollers (151, 152) move from one side of the battery cell to the other side of the battery cell”). Shim does not explicitly disclose pressing from a center of the lithium secondary battery toward an end of the lithium secondary battery where the electrode lead is located.
Kim teaches in FIG. 3(a) the center & in [0054] “compression jig 120 is formed in a semicylindrical shape capable of applying a stronger pressure to the center portion than the edge portion, since the bubble is generally formed more in the center portion than the edge portion of the battery cell”.
Shim and Kim are analogous to the current invention because they are related to the same field of endeavor, namely methods for manufacturing a battery cell (see abstract).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate the teachings of Kim into the activation method of Shim including adjusting the pressure roller to the center because Kim teaches removal of bubbles is more likely to occur in the center portion of the battery cell (see Kim [0054] & FIG. 3a).
Regarding claim 2, Shim discloses the activation method for a lithium secondary battery of claim 1 and further discloses wherein the roll-pressing process is performed before the formation process (see abstract (b) describes nip pressure & pressurizing & (c) describes performing charging to activate a battery cell).
Regarding claim 5, Shim discloses the activation method for a lithium secondary battery of claim 1 and further discloses wherein the roll-pressing process is performed 2 times (see abstract describes nip pressure & pressurizing in (b) & describes nip pressure & pressurizing in (d) which reads on 2 times).
Regarding claim 7, Shim discloses the activation method for a lithium secondary battery of claim 1 and further discloses wherein the pressure roller includes a first pressure roller and a second pressure roller, and wherein the lithium secondary battery is pressurized by passing between the first pressure roller and the second pressure roller (see abstract “nip pressure” & see FIG. 2 “pressure rollers 151 & 152”).
Regarding claim 10, Shim discloses the activation method of a lithium secondary battery of claim 1 and further discloses further comprising an aging process aging the lithium secondary battery after completion of the formation process (see claim 11 “aging process between the activation of the process (c) and process (e)).
Claims 3-4, 6 and 8 are rejected under 35 U.S.C. 103 as being unpatentable over Shim et al. (KR 20160132572 A, “Shim”) in view of Kim et al. (KR 20180093321 A, “Kim”) as applied to claim 1 above, and further in view of Choi et al. (KR 20140068551 A, “Choi”). The machine translations are used herein for citation purposes.
Regarding claim 3, Shim discloses the activation method for a lithium secondary battery of claim 1, but does not explicitly disclose wherein the roll-pressing process is performed during the formation process.
Choi teaches rolling during charging (see [0049] “step (c) is to apply pressure to the battery cell by a roll press to guide the gas generated inside the battery cell in one direction of the battery cell during the activation process”; see [0055] “applying the pressure to the roll 70 press, may be performed during all or a part of the activation process step (b). Continuous application of pressure throughout the activation process would be desirable when considering the performance of the process and certain emissions of the gases generated”).
Shim and Choi are analogous to the current invention because they are related to the same field of endeavor, namely method for manufacturing a secondary battery (see title).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate applying pressure with the roll press during the activation process, as suggested by Choi (see [0049]) into the method of Shim because doing so improves the performance of the process as suggested by Choi (see [0055]).
Regarding claim 4, Shim discloses the activation method for a lithium secondary battery of claim 1, but does not explicitly disclose wherein the roll-pressing process is performed before and during the formation process.
Choi teaches rolling during charging (see [0049] “step (c) is to apply pressure to the battery cell by a roll press to guide the gas generated inside the battery cell in one direction of the battery cell during the activation process”; see [0055] “applying the pressure to the roll 70 press, may be performed during all or a part of the activation process step (b). Continuous application of pressure throughout the activation process would be desirable when considering the performance of the process and certain emissions of the gases generated”).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate applying pressure with the roll press during the activation process, as suggested by Choi (see [0049]) into the method of Shim because doing so improves the performance of the process as suggested by Choi (see [0055]).
Regarding claim 6, Shim discloses the activation method for a lithium secondary battery of claim 1 and further discloses pressure of 0.1 MPa ore more to 0.3 MPa or less in [0033], but does not explicitly disclose wherein the roll-pressing process pressurizes the lithium secondary battery at a nip-pressure of 20 kgf/cm2 to 60 kgf/cm2.
Choi teaches pressure within the claimed range (see [0054] “pressure applied by the roll 70 press is preferable 30 kgf/cm2”).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate pressure at 30 kgf/cm2 as suggested by Choi into the method of Shim because Choi teaches pressure 30 kgf/cm2 is preferable.
Regarding claim 8, Shim discloses the activation method for a lithium secondary battery of claim 1, but does not explicitly disclose wherein the formation process includes applying surface pressure to the lithium secondary battery during charging of the lithium secondary battery.
Choi teaches rolling during charging (see [0049] “step (c) is to apply pressure to the battery cell by a roll press to guide the gas generated inside the battery cell in one direction of the battery cell during the activation process”; see [0055] “applying the pressure to the roll 70 press, may be performed during all or a part of the activation process step (b). Continuous application of pressure throughout the activation process would be desirable when considering the performance of the process and certain emissions of the gases generated”).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate applying pressure with the roll press during the activation process, as suggested by Choi (see [0049]) into the method of Shim because doing so improves the performance of the process as suggested by Choi (see [0055]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Shim et al. (KR 20160132572 A, “Shim”), Kim et al. (KR 20180093321 A, “Kim”) and Choi et al. (KR 20140068551 A, “Choi”) as applied to claim 8 above, and further in view of Lee et al. (US 20190074538 A1, “Lee”) and Yamamoto et al. (US 20150079463 A1, “Yamamoto”). The machine translations are used herein for citation purposes.
Regarding claim 9, Shim discloses the activation method of a lithium secondary battery of claim 8, and further discloses wherein the formation process comprises a plurality of formation steps (see abstract & see [0067] describes “linear pressure” & “applying this current” & see [0068] “secondary linear pressure”), but Shim does not explicitly disclose a charge end SoC is set differently.
Lee teaches SoC is set differently (see abstract “formation is performed to a state of charge (SOC) of 65% to 80%” & in [0102] “in order to form an SEI on the negative electrode and simultaneously secure an amount of the remaining electrolyte solution, the formation step may be performed in a state of charge (SOC) range of 65% to 80%, for example, 60% to 75%. If the formation step is performed at a SOC of less than 65%, the securement of the amount of the remaining electrolyte solution and wetting may not be sufficient. If the formation step is performed at a SOC of greater than 80%, since the pressure may be applied at high temperature for a long period of time to form an excessively high charge state, decomposition of the electrolyte solution and gas generation may occur. Thus, a uniform SEI may not be formed on the surface of the negative electrode and, furthermore, the electrolyte solution may be discharged”).
Shim and Lee are analogous to the current invention because they are related to the same field of endeavor, namely methods for preparing lithium secondary battery (see title).
A result effective variable is a variable which achieves a recognized result. The determination of the optimum or workable ranges of a result-effective variable is routine experimentation and therefore obvious. MPEP § 2144.05.
Thus, the SOC is a variable that achieves the recognized result of securing the electrolyte. That makes the SOC a result-effective variable. Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to routinely experiment with the SOC and come up with different SOC for the purpose of ensuring the electrolyte is secured.
Regarding the limitation conditions of charging speed applied to the lithium secondary battery may be set differently for each of the formation steps, Shim does not explicitly disclose.
Yamamoto teaches charging rate (see [0048] “The “predetermined charge level” is within the range from 10% to 30% of the SOC (state of charge), which corresponds to a full charge. The “predetermined time period” is within the range from 1 hour to 7 days. The charging rate in the anode aging treatment is within the range from 0.01 C to 0.2 C. By charging the cell to 10% to 30% of the SOC at such a slow rate, the additive contained in the electrolytic solution is gradually degraded to form the coating derived from the additive (a kind of protective coating) on the surface of the anode active material. The durability of the anode active material can thus be improved. It is important to charge the cell at such a low rate in order to partly degrade the additive in the electrolytic solution to form the uniform coating on a part or the whole of the surface of the anode active material. The SOC of the cell can be determined by preparing a sample cell and measuring the SOC thereof in advance.”).
Shim and Yamamoto are analogous to the current invention because they are related to the same field of endeavor, namely methods for manufacturing a secondary cell (see title).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate charging rate as suggested by Yamamoto into the activation method of Shim because Yamamoto teaches “it is important to charge the cell at such a low rate in order to partly degrade the additive in the electrolytic solution to form the uniform coating” (see [0048]).
Claims 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over Shim et al. (KR 20160132572 A, “Shim”) in view of Choi et al. (KR 20140068551 A, “Choi”) and Sue et al. (KR 20150072019 A, “Sue”). The machine translations are used herein for citation purposes.
Regarding claim 11, Shim discloses an activation device for a lithium secondary battery, comprising: a formation part configured to pressurize the lithium secondary battery (see title “pressurizing electrode assembly”; see FIG. 2 “pressure rollers 151 and 152”; see [0010] describes activation process which reads on formation part); a roll-pressing part provided separately from the formation part (see FIG. 2 & [0066]), the roll-pressing part having a first pressure roller and a second pressure roller, the roll-pressing part being configured to pressurize the lithium secondary battery when the lithium secondary battery is interposed between the first pressure roller and the second pressure roller (see FIG. 2 “151” & “152” & “electrode assembly 100”; see [0010] “lithium secondary batteries). Shim does not explicitly disclose pressurize the lithium secondary battery while charging the lithium secondary battery.
Choi teaches rolling during charging (see [0049] “step (c) is to apply pressure to the battery cell by a roll press to guide the gas generated inside the battery cell in one direction of the battery cell during the activation process”; see [0055] “applying the pressure to the roll 70 press, may be performed during all or a part of the activation process step (b). Continuous application of pressure throughout the activation process would be desirable when considering the performance of the process and certain emissions of the gases generated”).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate applying pressure with the roll press during the activation process, as suggested by Choi (see [0049]) into the method of Shim because doing so improves the performance of the process as suggested by Choi (see [0055]).
Regarding the limitation and a transference part located between the formation part and the roll-pressing part, the transference part being configured to move the lithium secondary battery between the formation part and the roll-pressing part, Shim does not explicitly disclose.
Sue teaches a transference part (see FIG. 3 “400 horizontal transfer member” & see abstract “(400) which horizontally transfers the pressure member (200) to the gate pocket part (11) of the battery cell”; see FIG. 3 describes “200 pressing member”; see [0009] “charge and discharge process for activating the battery is performed”; see abstract “elevating member (300) which moves the pressure member (300) up and down”.
Shim and Sue are analogous to the current invention because they are related to the same field of endeavor, namely method for battery cell (see title).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate “400” as suggested by Sue (see FIG. 3) into the activation device of Shim because doing so allows it to move up and down, as suggested by Sue (see abstract).
Regarding claim 12, Shim discloses the activation device for a lithium secondary battery of claim 11, but does not explicitly disclose wherein the transference part includes: a pickup part configured to move the lithium secondary battery between the formation part and the roll-pressing part; a driver configured to move the pickup part; and a controller configured to control the pickup part and the driver.
Sue teaches a transference part (see FIG. 3 “400 horizontal transfer member” & see abstract “(400) which horizontally transfers the pressure member (200) to the gate pocket part (11) of the battery cell”; see FIG. 3 describes “200 pressing member”; see [0009] “charge and discharge process for activating the battery is performed”; see abstract “elevating member (300) which moves the pressure member (300) up and down”.
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate “400” as suggested by Sue (see FIG. 3) into the activation device of Shim because doing so allows it to move up and down, as suggested by Sue (see abstract).
Sue teaches a driver (see [0034] “horizontal moving member 400 is provided by a general hydraulic or pneumatic cylinder” which reads on driving part which moves the pickup part; see [0034] describes operation of the lifting member which reads on controller).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate “400” & “300” as suggested by Sue (see [0034]) into the activation device of Shim because doing so allows for the movement of the pressure member, as suggested by Sue (see [0034]).
Regarding claim 13, Shim discloses the activation device for a lithium secondary battery of claim 11, and further discloses a pressure cylinder configured to move the first pressure roller toward the second pressure roller (see FIG. 2 “151” & “152”). Shim does not explicitly disclose wherein the roll-pressing part includes: a driver configured to rotate the first pressure roller and the second pressure roller.
Sue teaches a driver (see [0034] “horizontal moving member 400 is provided by a general hydraulic or pneumatic cylinder” which reads on driving part which moves the pickup part; see [0034] describes operation of the lifting member which reads on controller).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate “400” & “300” as suggested by Sue (see [0034]) into the activation device of Shim because doing so allows for the movement of the pressure member, as suggested by Sue (see [0034]).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Shim et al. (KR 20160132572 A, “Shim”), Choi et al. (KR 20140068551 A, “Choi”) and Sue et al. (KR 20150072019 A, “Sue”) as applied to claim 11 above, and further in view of Lim et al. (KR 20210097904 A, “Lim”). The machine translations are used herein for citation purposes.
Regarding claim 14, Shim discloses the activation device for a lithium secondary battery of claim 11 and further discloses a charging/discharging part configured to be connected to electrode leads of the plurality of lithium secondary batteries to charge and discharge the plurality of lithium secondary batteries (see FIG. 1 describes leads “60” & “70”; see [0070] “charging and discharging process for activation”); a plurality of pressure plates configured to pressurize opposite sides of each lithium secondary battery of the plurality of lithium secondary batteries (see FIG. 2 “151” & “152”). Shim does not explicitly disclose wherein the formation part includes: a frame configured to accommodate a plurality of lithium secondary batteries.
Lim teaches a frame (see [0050] “body (70) forms the exterior of the pressurizing unit (90) and has a structure capable of accommodating a plurality of pouch-shaped battery cells (1). The above-mentioned main body (70) can be basically configured to include a lower frame, an upper frame, and a pair of connecting frames arranged on both sides to connect the lower and upper frames to form a rigid form”).
Shim and Lim are analogous to the current invention because they are related to the same field of endeavor, namely activation apparatus (see title).
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a frame accommodating a plurality of battery cells, as suggested by Lim (see [0050]) into the activation device of Shim because doing so provides support for the pressurization process.
Shim does not explicitly disclose a driver configured to move the plurality of pressure plates.
Sue teaches in [0037] “horizontal moving member (400) is provided as a general hydraulic or pneumatic cylinder, and is installed so that the cylinder rod is connected to the side of the installation block (410)” & in FIG. 3 describes “410” is connected to “300 lifting member” which reads on driving part moves the pickup part.
Therefore, it would have been prima facie obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to incorporate a driving part that moves the pickup part into the activation device of Shim because Sue teaches “horizontal moving member 400” & in FIG. 3 describes “400” is connected to the lifting member “300” and doing so allows the movement of the pressure member as suggested by Sue (see [0037]).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/S.A.A./Examiner, Art Unit 1725
/JAMES M ERWIN/Primary Examiner, Art Unit 1725 07/17/2026
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