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.
Claims 1-21 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 20 recites, “The lithium battery of claim 1, wherein, at atmospheric pressure and ambient room temperature, a temperature of the current collecting member during charging and discharging cycles of the lithium battery is about 40°C to about 100°C, and at atmospheric pressure and ambient room temperature, a charging time to about 80% of the state of charge of the lithium battery is about 20 minutes or less.” However a temperature of the current collector can depend on the rate of charge and discharge which is not claimed, and charging time to about 80% of SOC depends on the initial state of charge and the size of the battery, which is not claimed, and is therefore indefinite.
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) 1 – 2, 14-21 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morisaku et al. (US2022/0247023A1), in view of Hirose et al. (US2013/0164571A1).
As to claim 1, Morisaku discloses a lithium battery [0025], comprising: a plurality of unit cells (bipolar electrodes (14) [0030] fig. 3); and one or more current collecting members (current collectors (15) [0031] fig. 3), wherein each of the plurality of unit cells comprises a first electrode active material layer (positive electrode layer (16) [0031] fig. 3), a second electrode active material layer (negative electrode layer (17) [0031] fig.3), and an electrolyte layer disposed between the first electrode active material layer and the second electrode active material layer (separator (13) [0025] fig. 3), the one or more current collecting members comprises a first current collecting member disposed between a first unit cell and a second unit cell of the plurality of unit cells (current collectors (15) [0025] fig. 3), wherein the first unit cell and the second unit cell are adjacent to each other (fig. 3), the first current collecting member comprises: a first surface in contact with the first unit cell ((15a) [0031] fig. 3) , a second surface opposite the first surface and in contact with the second unit cell ((15b) [0031] fig.3), a first current collector ((15) [0033] fig. 3, as exemplified in fig. 1 of the instant specification) ,
Morisaku is silent on a heating element disposed between the first surface and the second surface
wherein the heating element is spaced apart from the first unit cell and the second unit cell.
In the same field of endeavor Hirose discloses lithium ion solid battery [0010-0012], and teaches (heating device (6) is embedded in the anode collector (4) [0032] fig. 1… the heating device 6 is embedded in the anode current collector 4) as exemplified by paragraph [0058] and fig.1 of the instant specification. Hirose further teaches the present invention can provide the solid battery 10 which can reduce the overvoltage. [0036]
Therefore, it would have obvious to one of ordinary skill in the art at the time the application was effectively filed to modify the collector of Morisaku with the heating device as taught by Hirose to achieve reduce overvoltage of the battery.
Applying the heater of Hirose located in an anode collector of the battery of Morisaku would provide the heating element is spaced apart from the first unit cell and the second unit cell as claimed and exemplified by fig. 1 and paragraph [0058] of the instant specification.
As to claim 2, modified Morisaku discloses the heating element is embedded in the first current collector ( in the combination Hirose heating device (6) embedded in the anode collector combined with Morisaku’s anode collectors (fig. 3) would meet the limitation).
As to claim 14, the rejection of claim 1 is incorporated, Morisaku discloses the first surface of the first current collecting member (15a) is in contact with the first electrode active material layer (16) of the first unit cell, and the second surface of the first current collecting member (15b) is in contact with the first electrode active material layer (17) of the second unit cell ([0031] fig. 3).
As to claim 15, the rejection of claim 14 is incorporated, Morisaku discloses the first current collecting member comprises copper, nickel, indium, magnesium, titanium, iron, cobalt, zinc, germanium, stainless steel, an alloy thereof, or a combination thereof.(Current collector 15 is made of for example nickel-plated steel [0035]).
Regarding the first electrode active material layer is an anode active material layer, the first current collecting member is an anode current collecting member, the examiner notes the mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04). In this case the order of the electrodes does not alter the electrodes intercalating ions.
As to claim 16, the rejection of claim 14 is incorporated, modified Morisaku discloses the first electrode active material layer (16) is a cathode active material layer [0032], the first current collecting member is a cathode current collecting member (15a), and the first current collecting member comprises aluminum, (aluminum foil [Hirose, 0042]) and it would be obvious to person of ordinary skill in the art at the time of the invention to use aluminum foil as a collector in Morisaku’s cell because the simple substitution of one known element for another is likely to be obvious when predictable results are achieved, and at the time of the invention aluminum was known to be used as a collector. (see MPEP § 2143, B.)
As to claim 17,the rejection of claim 1 is incorporated, the first surface of the first current collecting member is in contact with the second electrode active material layer of the first unit cell, and the second surface of the first current collecting member is in contact with the first electrode active material layer of the second unit cell. The examiner notes the mere rearrangement of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Japikse, 86 USPQ 70 (CCPA 1950) (see MPEP § 2144.04). In this case the order of the electrodes does not alter the electrodes intercalating ions.
As to claim 18, the rejection of claim 17 is incorporated, Morisaku discloses the first electrode active material layer of the first unit cell is an anode active material layer ((17) [0031] fig. 3), and the second electrode active material layer of the second unit cell is a cathode active material layer ((16) fig.3).
As to claim 19, the rejection of claim 1 is incorporated, modified Morisaku discloses comprising: the plurality of unit cells (14) stacked in a thickness direction of the lithium battery (the present disclosure can also be applied to a power storage device in which a module laminate obtained by laminating lithium ion [0069] fig. 3); and the one or more current collecting members further comprises a plurality of current collecting members disposed between the plurality of unit cells (current collectors (15) [0031] fig. 3), wherein each of the plurality of current collecting members comprises a heating element (heating device (6), [Hirose,0050]),
As to claim 20, Modified Morisaku is silent regarding the temperature of the current collecting member during charging and discharging and the charging time. However Hirose is directed to reducing the electrode interface resistance in order to improve the performance of the battery [0033]., and thereby the temperature of the current collector during charging and discharging. Hirose accomplishes this in the same manner as applicant by embedding the heating device (6) in the current collector [0050] fig. 1, as exemplified by fig. 1 of the instant specification. Therefore it would be obvious to one of ordinary skill in the art, if not inherent, to provide a quick charging battery without a substantial temperature increase in the current collector as claimed, and it should be noted the cited prior art teaches all of the positively recited structure of the claimed apparatus. The Courts have held that a statement of intended use in an apparatus claim fails to distinguish over a prior art apparatus. See In re Sinex, 309 F.2d 488, 492, 135 USPQ 302, 305 (CCPA 1962). The Courts have held that the manner of operating an apparatus does not differentiate an apparatus claim from the prior art, if the prior art apparatus teaches all of the structural limitations of the claim. See Ex Parte Masham, 2 USPQ2d 1647 (BPAI 1987). The Courts have held that apparatus claims must be structurally distinguishable from the prior art in terms of structure, not function. See In re Danley, 120 USPQ 528, 531 (CCPA 1959); and Hewlett-Packard Co. V. Bausch and Lomb, Inc., 15 USPQ2d 1525, 1528 (Fed. Cir. 1990) (see MPEP §§ 2114 and 2173.05(g)).
As to claim 21, the rejection of claim 1 is incorporated, modified Morisaku the electrolyte layer comprises a solid electrolyte, a liquid electrolyte (Separator (13) [0025]), or a combination thereof, and the anode active material layer comprises lithium metal or a lithium alloy [Hirose, 0038].
Claim(s) 4-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Morisaku et al. (US2022/0247023A1), in view of Hirose et al. (US2013/0164571A1), as applied to claim 1 above, and further in view of Lee et al. (US2013/0266837A1).
As to claim 4, Morisaku is silent on the heating element comprises a matrix and a filler, and the filler is embedded in the matrix. In the same field of endeavor Lee discloses a lithium pouch battery cell [0012] and teaches heating element (heat radiation plate (10) [0042]) comprises a matrix (layers (11) [0042]) and a filler (layer (12) [0042]), and the filler is embedded in the matrix (high polymers of the high-polymer matrix layers 11, that is, the TPE is impregnated into the filler layer 12 [0048] thereby providing a filler embedded in the matrix.) Lee further teaches heat radiation plate facilitating heat radiation inside and outside the battery and preventing overheating and thermal runaway, thus improving the performance of the battery overall [0039].
Therefore, it would have obvious to one of ordinary skill in the art at the time the application was effectively filed to modify Morisaku with the radiation plate by Lee to improve the overall performance of the battery.
As to claim 5, the rejection of claim 4 is incorporated, modified Morisaku the filler comprises a nanostructure (nanofibers [Lee, 0043], and the filler is a one-dimensional nanostructure, a two-dimensional nanostructure, a three-dimensional nanostructure, or a combination thereof. ((filler layer) in a sheet shape having a 3D web structure [Lee, 0045]) The examiner notes any structure meets the limitation of one-dimensional nanostructure, a two-dimensional nanostructure, a three-dimensional nanostructure, or a combination thereof, as no single or combination of dimensions is excluded.
As to claim 6, the rejection of claim 4 is incorporated, modified Morisaku the filler comprises a metal, a carbon-containing material, an oxide, a boride, a carbide, a chalcogenide, or a combination thereof. (carbon-based conductive fiber [Lee, 0043])
As to claim 7, the rejection of claim 4 is incorporated, modified Morisaku the matrix comprises an insulator, wherein the matrix comprises a polymer, and the polymer comprises a thermoplastic polymer, wherein the polymer comprises polybutylene terephthalate, (thermal plastic elastomer (TPE) [Lee, 0047])
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's
disclosure.
Tamaru et al.(US2020/0403200A1) Lithium bipolar battery.
Osawa et al. (JP2004-127559A) Heating plate element internal to battery.
Lohmann et al. (US2015/0064534A1) Localized heating of battery.
Kim et al. (KR101857007B1) Heating element within battery.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BART A HORNSBY whose telephone number is (313)446-6637. The examiner can normally be reached 9:00-6:00 EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew T Martin can be reached at 571-270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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BART HORNSBY
Examiner
Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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