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
Claim 10 is withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Species B, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 07/01/2026.
Applicant’s election without traverse of Species A (Claims 1-9 and 11-20) in the reply filed on 07/01/2026 is acknowledged.
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 5-6 and 14-15 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 5 recites:
wherein electrical connection between the first external circuit and the first and second electrode pairs is alternated at or below a frequency at which dendrite growth is inhibited.
The recitation of “at or below a frequency” renders the claim indefinite because the term “at or below a frequency” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 6 recites:
wherein the controller is configured to simultaneously electrically connect the first and second electrode pairs to a second external circuit.
The only support in the specification for the limitation given above appears to be in refence to non-elected Species B, see instant spec.- [0043]. If this claim is directed to non-elected Species B, please withdraw the claim. Additionally, it is unclear whether claim requires the simultaneous electrical connection to be between the first and second electrode pairs to the second external circuit or the first and second electrode pairs to the first and second external circuit.
Claim 14 recites:
wherein an electrical connection between the positive system terminal and the first and second positive battery terminals is alternated at or below a frequency at which dendrite growth is inhibited.
The recitation of “at or below a frequency” renders the claim indefinite because the term “at or below a frequency” is not defined by the claim, the specification does not provide a standard for ascertaining the requisite degree, and one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim 15 recites:
the controller is configured to also simultaneously electrically connect the series of electrode pairs to the positive system terminal.
The only support in the specification for the limitation given above appears to be in refence to non-elected Species B, see instant spec.- [0043]. If this claim is directed to non-elected Species B, please withdraw the claim. Additionally, it is unclear what the claim requires by “also simultaneously” as there is not a previous recitation of a simultaneous electrical connection.
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.
(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 and 7-9 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mizusawa (JP-2016171075-A).
Regarding Claim 1, Mizusawa discloses:
A secondary battery comprising (a secondary battery, see [0006]):
a first positive battery terminal; a second positive battery terminal; a negative battery terminal; a first electrode pair electrically connected to the first positive battery terminal and the negative battery terminal; and a second electrode pair electrically connected to the second positive battery terminal and the negative battery terminal (see the two annotated Fig. 7s below).
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Regarding Claim 7, annotated Fig. 7 above discloses the following:
wherein a first anode of the first electrode pair and a second anode of the second electrode pair are arranged on a same negative current collector electrically connected to the negative battery terminal.
Regarding Claim 8, Mizusawa does not necessarily teach:
wherein the first anode of the first electrode pair and the second anode of the second electrode pair comprise lithium metal as an anode active material.
However, Mizusawa teaches the active material of the negative electrode can suitably be lithium metal, see [0017].
Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have used lithium metal and the negative electrode active material because Mizusawa teaches this is a suitable material to use for the negative active material.
Regarding Claim 9, annotated Fig. 7 above, discloses the following:
wherein: a first cathode of the first electrode pair is arranged on a first positive current collector electrically connected to the first positive battery terminal, and a second cathode of the second electrode pair is arranged on a second positive current collector electrically connected to the second positive battery terminal.
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) 2-6 and 11-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Mizusawa (JP-2016171075-A) as applied to Claim 1 above and in further view of Mikhaylik et al. (US-20240291292-A1 using the provisional for priority date 02/28/2023).
Regarding Claim 2, Mizusawa is silent toward the use of a controller and
further comprising a controller
To solve the same problem of the managing of charging and discharging of electrochemical cells (see Abstract), Mikhaylik teaches using a controller to control a switching device to allow for charging and discharging battery individual cells or smaller sets to improve cycle life based on measured parameters, see [0019], [0056], and [0071].
Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have used a controller in the switching mechanism of Mizusawa to improve cycle life based on measured parameters.
It is the Examiner’s position that modified Mizusawa is structurally capable of performing the following fictional limitation (see annotated Fig. 7 above and below):
configured to repeatedly and alternately electrically connect the first electrode pair and the second electrode pair to a first external circuit (at least a configuration of the switch can be interpreted as a first external circuit wherein at least a portion of the indicated first and second electrode pairs is electrically connected, see Fig. 7b).
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Regarding Claim 3, annotated Fig. 7 of modified Mizusawa above teaches the following:
wherein the controller electrically connects the first external circuit to the first electrode pair via the first positive battery terminal and the negative battery terminal,
and electrically connects the first external circuit to the second electrode pair via the second positive battery terminal and the negative battery terminal.
Regarding Claim 4, modified Mizusawa teaches:
wherein when the controller electrically connects the first external circuit to one pair of the first and second electrode pairs, a second pair of the first and second electrode pairs is not electrically connected to the first external circuit.
The limitation above is interpreted as a contingent limitation as the recitation of “when” indicates the function is only performed if a condition precedent is met.
In regard to contingent limitations, the broadest reasonable interpretation of a system (or apparatus or product) claim having structure that performs a function, which only needs to occur if a condition precedent is met, requires structure for performing the function should the condition occur, see MPEP 2111.04, II.
It is the Examiner’s position that the structure of the switch shown in annotated Fig. 7 with respect to modified Mizusawa above is structurally capable of performing the functional limitation of:
wherein when the controller electrically connects the first external circuit to one pair of the first and second electrode pairs, a second pair of the first and second electrode pairs is not electrically connected to the first external circuit.
Regarding Claim 5, modified Mizusawa is silent toward:
wherein electrical connection between the first external circuit and the first and second electrode pairs is alternated at or below a frequency at which dendrite growth is inhibited.
To solve the same problem of the managing of charging and discharging of electrochemical cells (see Abstract), Mikhaylik teaches minimizing the formation of dendrites by switching charging and discharging between battery individual cells or smaller sets which improves cycle life, see [0003] and [0019]. Note, as described in the 112b above, the claimed frequency is interpreted to be any frequency.
Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have performed the switching of Mizusawa for charging and discharging in a manner that reduced dendrite formation and improved cycle life.
Regarding Claim 6, it is the Examiner’s position that the structure of the switch shown in annotated Fig. 7 with respect to modified Mizusawa above is structurally capable of performing the functional limitation of:
wherein the controller is configured to simultaneously electrically connect the first and second electrode pairs to a second external circuit (at least a configuration of the switch can be interpreted as a second external circuit wherein at least a portion of the indicated first and second electrode pairs is electrically connected, see Fig. 7a).
Regarding Claim 11, Mizusawa teaches:
A secondary battery system comprising (a secondary battery, see [0006]):
a negative system terminal; a positive system terminal (see annotated Fig. 7 below);
a first positive battery terminal; a second positive battery terminal; a series of electrode pairs, each electrode pair in the series of electrode pairs including an anode and a cathode, the series of electrode pairs including a first set of electrode pairs electrically connected to the first positive battery terminal, and a second set of electrode pairs electrically connected to the second positive battery terminal (see annotated Fig. 7 above);
Mizusawa is silent toward:
and a controller
To solve the same problem of the managing of charging and discharging of electrochemical cells (see Abstract), Mikhaylik teaches using a controller to control a switching device to allow for charging and discharging battery individual cells or smaller sets to improve cycle life based on measured parameters, see [0019], [0056], and [0071].
Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have used a controller in the switching mechanism of Mizusawa to improve cycle life based on measured parameters.
It is the Examiner’s position that modified Mizusawa is structurally capable of performing the following fictional limitation (see annotated Fig. 7 below):
and a controller repeatedly and alternately electrically connecting the positive system terminal to a) the first positive battery terminal, and b) the second positive battery terminal.
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Regarding Claim 12, annotated Fig. 7 above teaches:
wherein the negative system terminal is connected to each electrode pair in the series of electrode pairs.
Regarding Claim 13, modified Mizusawa teaches:
wherein: when the controller electrically connects the positive system terminal to the first positive battery terminal, the second positive battery terminal is not electrically connected to the positive system terminal;
and when the controller electrically connects the positive system terminal to the second positive battery terminal, the first positive battery terminal is not electrically connected to the positive system terminal.
The limitation above is interpreted as a contingent limitation as the recitation of “when” indicates the function is only performed if a condition precedent is met.
In regard to contingent limitations, the broadest reasonable interpretation of a system (or apparatus or product) claim having structure that performs a function, which only needs to occur if a condition precedent is met, requires structure for performing the function should the condition occur, see MPEP 2111.04, II.
It is the Examiner’s position that the structure of the switch shown in annotated Fig. 7 with respect to modified Mizusawa above is structurally capable of performing the functional limitations of:
wherein: when the controller electrically connects the positive system terminal to the first positive battery terminal, the second positive battery terminal is not electrically connected to the positive system terminal;
and when the controller electrically connects the positive system terminal to the second positive battery terminal, the first positive battery terminal is not electrically connected to the positive system terminal.
Regarding Claim 14, modified Mizusawa is silent toward:
wherein an electrical connection between the positive system terminal and the first and second positive battery terminals is alternated at or below a frequency at which dendrite growth is inhibited.
To solve the same problem of the managing of charging and discharging of electrochemical cells (see Abstract), Mikhaylik teaches minimizing the formation of dendrites by switching charging and discharging between battery individual cells or smaller sets which improves cycle life, see [0003] and [0019]. Note, as described in the 112b above, the claimed frequency is interpreted to be any frequency.
Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have performed the switching of Mizusawa for charging and discharging in a manner that reduced dendrite formation and improved cycle life.
Regarding Claim 15, modified Mizusawa teaches the battery is structurally capable of the following functional limitations, see annotated Fig. 7 above:
the controller is configured to also simultaneously electrically connect the series of electrode pairs to the positive system terminal.
Regarding Claim 16, annotated Fig. 7 above, discloses the following:
wherein anodes of adjacent electrode pairs in the series of electrode pairs are arranged on a common negative current collector.
Regarding Claim 17, Mizusawa does not necessarily teach:
wherein cathodes of adjacent electrode pairs in the series of electrode pairs are arranged on a common positive current collector.
However, Mizusawa teaches a suitable embodiment shown in Fig. 12a that has a central cathode which has a series of electrode pairs wherein the cathodes of the electrode pairs is on a common positive electrode.
Therefore, absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have the cathode of adject electrode pairs located on a common positive current collector because Mizusawa teaches this is a suitable embodiment.
Regarding Claim 18, Mizusawa does not necessarily teach:
wherein the anode comprises lithium metal as an anode active material.
However, Mizusawa teaches the active material of the negative electrode can suitably be lithium metal, see [0017].
Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have used lithium metal and the negative electrode active material because Mizusawa teaches this is a suitable material to use for the negative active material.
Regarding Claim 19, Mizusawa teaches:
A secondary battery system comprising (a secondary battery, see [0006]):
a series of electrode pairs (see annotated Fig. 7 above),
each electrode pair in the series of electrode pairs including an anode and a cathode; a negative system terminal; a positive system terminal (see annotated Fig. 7 above);
Mizusawa is silent toward:
and a controller
To solve the same problem of the managing of charging and discharging of electrochemical cells (see Abstract), Mikhaylik teaches using a controller to control a switching device to allow for charging and discharging battery individual cells or smaller sets to improve cycle life based on measured parameters, see [0019], [0056], and [0071].
Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have used a controller in the switching mechanism of Mizusawa to improve cycle life based on measured parameters.
It is the Examiner’s position that modified Mizusawa is structurally capable of performing the following fictional limitation (see annotated Fig. 7 below):
and a controller repeatedly and alternately electrically connecting the positive system terminal to a) the first positive battery terminal, and b) the second positive battery terminal.
Mizusawa further teaches:
wherein a) the cathode of a first electrode pair in the series of electrode pairs and the cathode of a last electrode pair in the series of electrode pairs are arranged on a common positive current collector (optional limitation),
or b) the anode of the first electrode pair in the series of electrode pairs and the anode of the last electrode pair in the series of electrode pairs are arranged on a common negative current collector (see annotated Fig. 7 above).
Regarding Claim 20, Mizusawa does not necessarily teach:
wherein the anode comprises lithium metal as an anode active material.
` However, Mizusawa teaches the active material of the negative electrode can suitably be lithium metal, see [0017].
Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to have used lithium metal and the negative electrode active material because Mizusawa teaches this is a suitable material to use for the negative active material.
Pertinent Prior Art
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Muenzel et al. (US-20180269542-A1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kayla E Clary whose telephone number is (571)272-2854. The examiner can normally be reached Monday - Friday 8:00-5:00 (PT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at 303-297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.E.C./
Kayla E. ClaryExaminer, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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