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
2. Applicant’s election without traverse of Group I (Claims 1-13), Species 1-a (Claim 7) and Species 2-a (Claim 10), in the reply filed on April 28, 2026, is acknowledged. Examiner is rejoining Species 1-b (Claim 8). Therefore, Claims 1-10 and 12-13 are pending in this office action.
3. Claims 11 and 14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II and Species 2-b, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on April 28, 2026.
Priority
4. Receipt is acknowledged of papers submitted under 35 U.S.C. 119(a)-(d) or (f), which papers have been placed of record in the file.
Information Disclosure Statement
5. Information disclosure statements (IDS), submitted July 19, 2023, and October 8, 2024, have been received and considered by the examiner.
Claim Rejections - 35 USC § 103
6. 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.
7. 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.
8. 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.
9. Claims 1-10 are rejected under 35 U.S.C. 103 as being unpatentable over Yoshida (US 2023/0170522 A1) in view of Kawaji et al. (JP 2022/040473 A1).
With regard to Claim 1, Yoshida discloses on Figure 1, a secondary battery system comprising: a secondary battery, called a lithium-ion battery (100), including a positive electrode (110) and a negative electrode (130) (paragraph 0137); wherein one or both of the positive electrode (110) and the negative electrode (130) include an active material and a granulated body, the active material contains a material of which volume inherently changes as the secondary battery is charged and discharged (paragraphs 0054, 0149); and the granulated body contains an inorganic solid electrolyte and an alkali metal containing salt, called a thickener (paragraphs 0149, 0152). Yoshida does not specifically disclose a heating device, wherein an object to be heated by the heating device includes the alkali metal-containing salt.
Kawaji et al. disclose in Figure 5, a battery pack (500) equipped with multiple battery modules having multiple battery cells and further comprise a battery heating unit (520) for heating battery cells as needed, the battery heating section (520) including a heater that heats the battery cell module (500) when electricity is applied (paragraph 0063), and would inherently heat the alkali metal-containing salt since the alkali metal salt is present in the battery that is being heated. Before the effective filing date of the invention it would have been obvious to ne of ordinary skill in the art to modify the secondary battery system of Yoshida to include a heating device, because Kawaji et al. teach that the heating device converts electrical energy into heat energy and efficiently promotes the recovery of battery performance (paragraph 0084).
With regard to Claim 2, Kawaji et al. further disclose a control device, called a charge/discharge control device (550), wherein when performance of the secondary battery (100) is determined to be equal to or lower than a certain level, the control device (550) is fully capable of controlling heating by the heating device (520) such that a temperature of the alkali metal-containing salt is equal to or higher than a melting point of the alkali metal-containing salt (paragraphs 0063, 0072, 0084).
The recitation, “wherein when performance of the secondary battery is determined to be equal to or lower than a certain level, the control device controls heating by the heating device such that a temperature of the alkali metal-containing salt is equal to or higher than a melting point of the alkali metal-containing salt”, is considered a contingent limitation. A contingent limitation requires only those limitations that must be performed and does not include limitations or given patentable weight to limitations that are not required to be performed because the condition(s) precedent are not met. See MPEP 2111.04.
With regard to Claim 3, Kawaji et al. disclose wherein when the performance of the secondary battery is determined to exceed the certain level, the control device (550) is fully capable of controlling heating by the heating device (520) such that the temperature of the alkali metal-containing salt is lower than the melting point of the alkali metal-containing salt (paragraphs 0063, 0072, 0084).
The recitation, “wherein when the performance of the secondary battery is determined to exceed the certain level, the control device controls heating by the heating device such that the temperature of the alkali metal-containing salt is lower than the melting point of the alkali metal-containing salt”, is considered a contingent limitation. A contingent limitation requires only those limitations that must be performed and does not include limitations or given patentable weight to limitations that are not required to be performed because the condition(s) precedent are not met. See MPEP 2111.04.
With regard to Claim 4, Kawaji et al. further disclose a voltage measurement device, wherein: the voltage measurement device measures a voltage of the secondary battery; and the performance of the secondary battery is based on the voltage (paragraph 0064).
With regard to Claim 5, Kawaji et al. further disclose a resistance measurement device, wherein: the resistance measurement device measures a resistance of the secondary battery; and the performance of the secondary battery is based on the resistance (paragraph 0064).
With regard to Claim 6, Yoshida discloses wherein the alkali metal containing salt has a melting point of 100°C or less when it is an ammonium salt or alkali metal salt (paragraph 0152).
With regard to Claim 7, Yoshida discloses wherein: the positive electrode (110) contains the active material and the granulated body; and the active material contains S (paragraph 0144).
With regard to Claim 8, Yoshida discloses wherein: the negative electrode contains the active material and the granulated body; and the active material contains Si (paragraphs 0156-0160).
With regard to Claim 9, Yoshida discloses wherein the inorganic solid electrolyte contains a sulfide (paragraph 0103-0109).
With regard to Claim 10, Yoshida discloses wherein: the alkali metal-containing salt, called a thickener, includes a first cation and a second cation; the first cation is at least one selected from an ammonium ion, or ammonium salt; and the second cation is an alkali metal ion, or alkali metal salt (paragraph 0152).
Allowable Subject Matter
10. Claims 12-13 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
11. The following is a statement of reasons for the indication of allowable subject matter: the closest prior art, Yoshida (US 2023/0170522 A1) in view of Kawaji et al. (JP 2022/040473 A1), do not teach or fairly suggest the secondary battery system wherein the alkali metal containing salt contains at least one anion selected from a group consisting of a halogen ion, a halide ion, a hydrogen sulfate ion, a sulfonylamide ion, and a complex ion containing H; and, wherein the alkali metal-containing salt contains one or both of a first anion and a second anion; the first anion is one or both of a halogen ion and a hydrogen sulfate ion; and the second anion is a sulfonylamide anion.
Conclusion
12. Any inquiry concerning this communication or earlier communications from the examiner should be directed to KARIE O APICELLA whose telephone number is (571)272-8614. The examiner can normally be reached Monday thru Friday; 8:00AM to 5:00PM EST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicole Buie-Hatcher can be reached at 571-270-3879. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/KARIE O'NEILL APICELLA/Primary Examiner, Art Unit 1725
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