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 .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. CN2023115759502, filed on 11/23/2023.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
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 1-10 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 1 recites that under a state of charge (SOC) of 100%, the wound cell satisfies:0 ≤ sqrt(L1(1+X1)) / (L2(1+X2)) ≤ 0.0255%
wherein L1 represents a thickness of the negative electrode plate under an initial SOC of 0%, X1 represents a longitudinal expansion rate of the negative electrode plate, L2 represents a width of the wound cell, and X2 represents a lateral expansion rate of the wound cell.
Under established physical and dimensional principles, an expression bounded by a percentage or dimensionless fraction must be dimensionless. As defined in paragraphs [0006], [0036], and [0037]–[0038], X1 and X2 are expansion rates (X2 = (D2 - D1) / D1 and X1 = (M1 - M2) / M2), which are dimensionless ratios. In contrast, L1 represents thickness (a physical dimension of [Length]) and L2 represents width (a physical dimension of [Length]).
Performing dimensional analysis yields:[sqrt([Length]) / [Length] ] = [Length]^(-1/2)
An expression having the net dimensions of length^(-1/2) cannot physically or mathematically evaluate to a scalar fraction or percentage.
Claim 1 does not specify the units of measurement required for L1 and L2. If a person having ordinary skill in the art applies consistent standard units, the resulting numerical magnitude varies across orders of magnitude depending on which unit is chosen:
Evaluating Example 1 (L1 = 150 µm, L2 = 122 mm, X1 = 20%, X2 = 0.5%; see paragraphs [0041], [0044], and Table 1) using uniform units of millimeters (mm) yields ≈ 0.00346 (or 0.346%).
Evaluating Example 1 using uniform units of micrometers (µm) yields ≈ 0.0001094 (or 0.01094%).
Evaluating Example 1 using uniform SI base units of meters (m) yields ≈ 0.1094 (or 10.94%).
Because the resulting value fluctuates entirely based on arbitrary unit selection, and Claim 1 provides no mandated units, conversion constants, or scaling factors, the claim fails to inform a PHOSITA about the scope of the claimed boundary (≤ 0.0255%) with reasonable certainty.
Claims 1-10 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the enablement requirement.
The claim(s) contains subject matter which was not described in the specification in such a way as to enable one skilled in the art to which it pertains, or with which it is most nearly connected, to make and/or use the invention.
Lack of Enablement
Breadth of Claims vs. Absence of Operational Rule: Claim 1 purports to encompass any secondary battery satisfying the ratio ≤ 0.0255% across arbitrary dimensions of L1 and L2. However, paragraphs [0006], [0036], and [0053] merely state the formula and qualitatively assert its technical effects (e.g., suppressing wrinkling, optimizing ion transport, reducing lithium precipitation) without disclosing the derivation or functional relationship governing the mathematical boundary.
Undue Experimentation Required to Discern Operability:
In Table 1, Example 1 lists L1 = 150 µm, L2 = 122 mm, X1 = 20%, and X2 = 0.5%, reporting a calculated result of 0.01%.
However, calculating the radical formula with raw scalar inputs yields:sqrt(150 * (1 + 0.20)) / (122 * (1 + 0.005)) = sqrt(180) / 122.61 ≈ 13.4164 / 122.61 ≈ 0.1094
To reach the reported value of 0.01% (more precisely, 0.0109%), the applicant applied an undisclosed divisor of 1,000 (or scaling factor of 10^(-3)) to convert millimeters to microns in an unexpressed mixed-unit scheme, and then converted the resulting decimal (0.0001094) into a percentage (0.01%).
Nowhere in paragraphs [0035]–[0038] or [0040]–[0054] does the specification disclose this arithmetic algorithm, specify that length units must remain un-converted, or explain the insertion of the 10^(-3) scaling constant. A PHOSITA attempting to design a battery across the full claimed scope cannot determine whether a given design satisfies the claims without engaging in extensive reverse-engineering and trial-and-error experimentation.
Lack of Written Description
To satisfy the written description requirement, the specification must reasonably convey to a PHOSITA that the applicant possessed the claimed subject matter as of the filing date.
Although paragraph [0007], paragraph [0036], and Claim 2 disclose general preferred ranges for L1 (60 µm ≤ L1 ≤ 200 µm) and L2 (80 mm ≤ L2 ≤ 400 mm), the specification nowhere describes that the mathematical expression of Claim 1 strictly requires L1 to be entered as a bare number in µm, L2 to be entered as a bare number in mm, and the quotient to be multiplied by an arbitrary factor of 10^(-3) * 100%.
Because the four corners of the specification (specifically paragraphs [0006], [0036], and [0050]–[0053]) fail to describe this specific computational algorithm, the disclosure does not demonstrate that the inventors possessed the definitive mathematical relationship recited in Claim 1.
Any prospective amendment to Claim 1 attempting to incorporate mandatory unit constraints (µm for L1, mm for L2) or an explicit 10^(-3) conversion factor would lack express written description support in the original application and constitute impermissible new matter under 35 U.S.C. § 132.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Feng (US20220102714A1) address similar problem and technical objective stated in instant specification, tracks and correlates electrode thickness at 0% SOC and 100% SOC, etc.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to HAROON S SHEIKH whose telephone number is (571)270-0302. The examiner can normally be reached 9-6.
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HAROON S. SHEIKH
Primary Examiner
Art Unit 1751
/Haroon S. Sheikh/Primary Examiner, Art Unit 1751
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