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 .
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.
Claim 9 is 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 9 recites the limitation "the positive electrode mixture" in line 3. There is insufficient antecedent basis for this limitation in the claim.
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)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claim(s) 1-6, 10, 11, 13 and 14 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Cheng (CN Publication 111653842).
Regarding claims 1-6, 11, 13 and 14, Cheng discloses a lithium ion battery formation method comprising: charging the cell to 50% SOC (primary charging), performing first degassing by rolling the main body of the cell to discharge the internal gas into a gas bag followed by evacuating the vacuum, charging the cell to 100% SOC (secondary charging), aging the cell, and performing second degassing by rolling the main body of the cell to discharge the internal gas into the gas bag followed by evacuating the vacuum (Paragraphs 0083-0087).
As to claim 10, Cheng teaches that the positive electrode active material in the battery can be LiNi0.8Co0.1Mn0.1O2 (Paragraph 0077).
Cheng teaches every limitation of claims 1-6, 10, 11, 13 and 14 of the present invention and thus anticipates the claims.
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) 7-9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheng (CN Publication 111653842) in view of Kawamura (U.S. Patent Publication 2016/0351905).
The teachings of Cheng have been discussed in paragraph 5 above.
Cheng fails to disclose that the positive electrode has an additive having the formula of claims 7 and 8 of the present invention, and that the additive is included in an amount of 0.1 to 5 wt% of the total weight of the positive electrode mixture.
Regarding claims 7 and 8, Kawamura discloses a secondary battery having a LiNiCoMnO2 as a cathode active material, wherein the cathode also includes an additive, such as Li6Co0.7Zn0.3O4 (Paragraphs 0019, 0048). As to claim 9, Kawamura teaches that the additive can be added in an amount of 4 wt% of the total electrode material (Paragraph 0036).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention that the cathode of Cheng could include the additive suggested in Kawamura because Kawamura teaches that the additive improves initial charge capacity and prevents decomposition of the electrolyte and generation of gas. It also would have been obvious to one of ordinary skill in the art that the additive could be added in an amount of 0.1 to 5 wt% because Kawamura teaches that this range allows for the improvements described above without affecting other properties.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheng (CN Publication 111653842) in view of Wang (CN Publication 112366348).
The teachings of Cheng have been discussed in paragraph 5 above.
Cheng fails to disclose that the degassing discharges the internal gas to the outside of the battery by cutting a part of the gas bag or forming a through hole, discharging the internal gas, and sealing the gas bag.
Regarding claim 12, Wang discloses a method of forming a lithium battery comprising: a first degassing step, a pre-charge step, a secondary degassing step, a secondary pre-charge step, an immersion step, a third degassing step and a charging step, wherein the degassing steps consist of rolling the battery cell to discharge the gas into a gas bag, forming an exhaust port in the gas bag, vacuuming out the gas, and sealing the exhaust port (Paragraphs 0039-0046).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention that the rolling degassing step of Cheng could include opening a port in the gas bag, removing the gas from the bag, and sealing the port because Wang teaches that these are common steps in the degassing of a battery cell so that the gas is removed to the outside of the battery.
Claim(s) 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Cheng (CN Publication 111653842) in view of Shao (CN Publication 111769332).
The teachings of Cheng have been discussed in paragraph 5 above.
Cheng fails to disclose that during the initial charge, the battery is pressurized.
Shao discloses a process of forming a pre-lithium battery comprising: charging, aging, degassing, resealing and charging the battery, wherein the initial charging can be performed while applying pressure (Paragraph 0012-0020).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention that the battery of Cheng could be pressurized during initial charging because Shao teaches that this helps to control the gas production during formation of the battery.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRITTANY L RAYMOND whose telephone number is (571)272-6545. The examiner can normally be reached Monday-Friday 9 am-6 pm.
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BRITTANY L. RAYMOND
Primary Examiner
Art Unit 1722
/BRITTANY L RAYMOND/ Primary Examiner, Art Unit 1722