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 Status
Claims 3-13 and 17-23 are pending. Claims 1-2 and 14-16 were previously canceled. Claims 3-7, 13, and 17-23 are withdrawn from consideration. Claims 8-12 correspond to the elected invention. Claims 10 and 12 are amended. Claims 8-9 and 11 are previously presented.
Election/Restrictions
Claims 3-7, 13, and 17-23 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 8/12/2026.
Priority
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: METHOD FOR CHARGING SECONDARY BATTERY INCLUDING STOPPING CHARGE WHEN A DERIVATIVE OF QUANTITY OF ELECTRICITY WITH RESPECT TO VOLTAGE HAS A LOCAL MAXIMUM.
Applicant is reminded of the proper language and format for an abstract of the disclosure.
The abstract should be in narrative form and generally limited to a single paragraph on a separate sheet within the range of 50 to 150 words in length. The abstract should describe the disclosure sufficiently to assist readers in deciding whether there is a need for consulting the full patent text for details.
The language should be clear and concise and should not repeat information given in the title. It should avoid using phrases which can be implied, such as, “The disclosure concerns,” “The disclosure defined by this invention,” “The disclosure describes,” etc. In addition, the form and legal phraseology often used in patent claims, such as “means” and “said,” should be avoided.
The abstract of the disclosure is objected to because it contains phrases which can be implied, i.e., “is provided”. A corrected abstract of the disclosure is required and must be presented on a separate sheet, apart from any other text. See MPEP § 608.01(b).
Drawings
The drawings are objected to for containing “unlabeled generic box elements” (for example, see elements 151, 152, 153, and TS in Figure 1A; 101 in Figure 7A; 1302, 1303, 1304, etc., in Figure 24; 2201 in Figure 25B; 2101, 2103, and 2104 in Figure 26B, etc.; this is not a complete listing of all “unlabeled generic box elements” in the Figures). Correction is required in accordance with 37 CFR 1.83 as stated below.
Further, 37 CFR 1.83 – Content of Drawing:
(a) The drawing in a nonprovisional application must show every feature of the invention specified in the claims. However, conventional features disclosed in the description and claims, where their detailed illustration is not essential for a proper understanding of the invention, should be illustrated in the drawing in the form of a graphical drawing symbol or a labeled representation (e.g., a labeled rectangular box). In addition, tables that are included in the specification and sequences that are included in sequence listings should not be duplicated in the drawings.
(b) When the invention consists of an improvement on an old machine the drawing must when possible exhibit, in one or more views, the improved portion itself, disconnected from the old structure, and also in another view, so much only of the old structure as will suffice to show the connection of the invention therewith.
(c) Where the drawings in a nonprovisional application do not comply with the requirements of paragraphs (a) and (b) of this section, the examiner shall require such additional illustration within a time period of not less than two months from the date of the sending of a notice thereof. Such corrections are subject to the requirements of § 1.81(d).
[31 FR 12923, Oct. 4, 1966; 43 FR 4015, Jan. 31, 1978; paras. (a) and (c) revised, 60 FR 20195, Apr. 25, 1995, effective June 8, 1995; para. (a) revised, 69 FR 56481, Sept. 21, 2004, effective Oct. 21, 2004; para. (a) revised, 78 FR 62368, Oct. 21, 2013]
Claim Objections
Claim 8 is objected to because of the following informalities: the claim includes parentheses and brackets. Parentheses are usually used to enclose reference characters, and double brackets are usually used in amendments to remove recitations. The use of parentheses and brackets as recited in claim 8 do not conform to standard claim formatting and may cause confusion. Appropriate correction is required.
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 11-12 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.
Regarding claim 11, the recitation “the time tp is detected with use of the data” is unclear. In particular, the “time tp” is not a value that is detected, but rather, as recited in independent claim 8, it is a value that corresponds to the maximum of the derivative of derivative of quantity of electricity with respect to voltage being detected. Furthermore, it is not clear how a time determination is “with the use of the data”, said data “corresponding to an ambient temperature”. For examination purposes, the recitation is interpreted as the time (tp) that corresponds to the maximum derivative of quantity of electricity with respect to voltage is based on the data.
Regarding claim 12, the recitation “the time tp is detected with use of the data” is unclear. In particular, the “time tp” is not a value that is detected, but rather, as recited in independent claim 8, it is a value that corresponds to the maximum of the derivative of derivative of quantity of electricity with respect to voltage being detected. Furthermore, it is not clear how a time determination is “with the use of the data”, said data “corresponding to the positive electrode active material”. For examination purposes, the recitation is interpreted as the time (tp) that corresponds to the maximum derivative of quantity of electricity with respect to voltage is based on the data.
Claim Rejections - 35 USC § 103
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 8-9 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over UEKI (Pub. No.: US 2012/0169288 A1; cited on IDS with date 11/29/2023) in view of LEE (Pub. No.: US 2016/0156032 A1; cited on IDS with date 12/30/2025).
Regarding claim 8, UEKI discloses a charging method of a secondary battery (10, Fig. 2), using a charging unit comprising a control circuit (30, Fig. 2; ¶ 0035: the secondary battery system includes control means for controlling charging and discharging of the secondary battery, and the control means controls the charging and discharging of the secondary battery; ¶ 0065: battery controller 30 takes control of the charging and discharging of the secondary battery 100 constituting the assembled battery 10), a voltage measurement circuit (40, Fig. 2), and a current measurement circuit (50, Fig. 2; ¶ 0063: a voltage detection means 40, an electric current detection means 50),
wherein the control circuit is configured to control start and stop of charge of the secondary battery and to control a charge current of the secondary battery (¶ 0065: battery controller 30 takes control of the charging and discharging of the secondary battery 100 constituting the assembled battery 10. In particular, for example, when the hybrid electric vehicle 1 is being driven, the exchange of electricity between the assembled battery 10 (the secondary battery 100), and the front motor 4 and the rear motor 5 is controlled. More specifically, the battery controller 30 controls the assembled battery 10 (the secondary battery 100) to deliver electricity, for example, when the accelerator of the hybrid electric vehicle 1 is pressed down. The electricity thus delivered is supplied through an inverter (not shown) to the front motor 4 and to the rear motor 5. On the other hand, when the brake of the hybrid electric vehicle 1 is pressed down, electricity generated by the regeneration brake is supplied by the battery controller 30 to the assembled battery 10 (the secondary battery 100), to thereby charge each of the secondary batteries 100 constituting the assembled battery 10),
wherein the control circuit is configured to calculate a derivative of quantity of electricity with respect to voltage of the secondary battery (¶ 0082: the procedure proceeds to step S4 in which the dQ/dV value (i.e., the ratio of dQ to dV where dQ is the variation in storage amount Q and dV is the variation in battery voltage V) is calculated for each secondary battery 100. Stated in another way, the storage amount Q of the secondary battery 100 is differentiated with respect to the corresponding battery voltage V value, to thereby calculate the dQ/dV value. In particular, for each secondary battery 100, the variation dV in battery voltage V and the variation dQ in storage amount Q with respect to every given time interval T are calculated based on the battery voltage V value and the storage amount Q acquired every given time interval T. And based on these calculations, the dQ/dV value with respect to every given time interval T is calculated) and to detect a local maximum of the derivative of quantity of electricity with respect to voltage (¶ 0078: based on the battery voltage V detected every given time interval T and the dQ/dV value calculated every given time interval T, the battery controller 30 draws or creates in real time a V-dQ/dV curve. And by comparison (by pattern matching) between the V-dQ/dV curve thus drawn and the V-dQ/dV curve K (see FIG. 9) stored in the ROM 31, the battery controller 30 decides whether or not the secondary battery 100 reaches a state corresponding to the first peak A or whether or not the secondary battery 100 reaches a state corresponding to the second peak B on the V-dQ/dV curve. In other words, the battery controller 30 decides whether or not the battery voltage V value detected every given time interval T and the dQ/dV value calculated every given time interval T become values indicative of either the first peak A or the second peak B on the V-dQ/dV curve),
wherein the voltage measurement circuit is configured to measure a charge voltage of the secondary battery (¶ 0087: Upon startup of the charging of the assembled battery 10 (the secondary battery 100), the battery controller 30 acquires a value for the battery voltage V of each secondary battery 100 detected by the voltage detection means 40 and a value for the electric current I (a value for electric current flowing in the secondary battery 100) detected by the electric current detection means 50 (step T1 shown in FIG. 8). In addition, in Embodiment 1, the battery controller 30 acquires a value for the battery voltage V and a value for the electric current I every given time interval T (for example, every one second)),
wherein the current measurement circuit is configured to measure a charge current of the secondary battery (¶ 0087: see above),
wherein charge of the secondary battery is started at a time t1 (¶ 0079: the state detection of the secondary battery 100 after start-up of the charging thereof; ¶ 0087: Upon startup of the charging of the assembled battery 10 (the secondary battery 100), the battery controller 30 acquires a value for the battery voltage V of each secondary battery 100 detected by the voltage detection means 40 and a value for the electric current I (a value for electric current flowing in the secondary battery 100) detected by the electric current detection means 50 (step T1 shown in FIG. 8). In addition, in Embodiment 1, the battery controller 30 acquires a value for the battery voltage V and a value for the electric current I every given time interval T (for example, every one second)),
wherein a quantity of electricity Q(t) is calculated with use of a current I(t) at a time t (¶ 0075: battery controller 30 of the secondary battery system 6 integrates the electric current I value detected every given time interval T by the electric current detection means 50, calculates the amount of charge or discharge of the secondary battery 100 and estimates the storage amount Q of the secondary battery 100 from the calculated amount of charge or discharge),
wherein a first curve in which a horizontal axis is a voltage V(t) and a vertical axis is the derivative of a quantity of electricity Q(t) with respect to voltage [dQ(t)/dV(t)] is analyzed to detect a time tp at which the first curve has a first local maximum (¶ 0090: the procedure proceeds to step T5 in which it is decided whether or not the secondary battery 100 reaches a state corresponding to the second peak B on the V-dQ/dV curve),
wherein the charge is stopped at a time t2 at which a predetermined time is elapsed from the time tp (¶ 0091: if in step T5, it is decided that the secondary battery 100 has reached the state corresponding to the second peak B (Yes), then the procedure proceeds to step T6 in which the battery controller 30 stops the charging of the secondary battery 100).
UEKI fails to disclose a voltage V(tp) at the time tp is higher than or equal to 4.25 V.
LEE discloses a voltage V(tp) at the time tp is higher than or equal to 4.25 V (as shown in Figures 18 and 19; ¶ 0053: FIG. 18 shows measurement results of dQ/dV with respect to voltages of the lithium secondary batteries; ¶ 0165: lithium secondary batteries of Examples 2, 4, and 5 and Comparative Example 1 were each charged at a 0.2 C rate to a charging cutoff voltage of 4.55 V in a constant current mode at 25° C., and then, discharged at a 0.2 C rate to a discharging cutoff voltage of 3.0 V in a constant current mode to evaluate initial charge-discharge characteristics of the lithium secondary batteries. Differential capacity (dQ/dv) curves at the first cycle are shown in FIG. 18, and a range between 4.40 V and 4.55 V in FIG. 18 is shown magnified in FIG. 19).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the voltage V(tp) is higher than or equal to 4.25 V in order to provide a lithium secondary battery having a positive active material with improved lifespan characteristics even at a high voltage (LEE, abstract, ¶ 0009-0010).
Regarding claim 9, UEKI as modified by LEE teaches the charging method of a secondary battery as applied to claim 8, but fails to teach the charge is constant current charge.
LEE further discloses the charge is constant current charge (¶ 0152-0154).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the constant current charge in order to restore battery capacity as known in the art.
Regarding claim 12, UEKI as modified by LEE teaches the secondary battery comprises a positive electrode, wherein the positive electrode comprises a positive electrode active material comprising lithium and cobalt (LEE, ¶ 0010), wherein the charging unit comprises a memory circuit, wherein data corresponding to the positive electrode active material of the secondary battery is stored in the memory circuit, and wherein the time tp is detected with use of the data (UEKI, ¶ 0077-0078; UEKI stores the curve of dQ/dV, which is based on the battery chemistry/structure, and the combination of UEKI as modified by LEE, which would include the positive electrode structure of LEE in the method of UEKI, teaches said stored curve of UEKI being based on the positive electrode structure of LEE).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over UEKI in view of LEE as applied to claims 8-9 and 12 above, and further in view of MIKAMI (WO 2020104881 A1; cited on IDS with date 11/29/2023; English Machine translation is included with office action).
Regarding claim 10, UEKI as modified by LEE teaches the charging method of a secondary battery as applied to claim 8, and further teaches the secondary battery comprises a positive electrode, wherein the positive electrode comprises a positive electrode active material comprising lithium and cobalt (LEE, abstract, ¶ 0010, 0014).
UEKI as modified by LEE fails to disclose a crystal structure of the positive electrode active material determined by powder X-ray diffraction at the time tp is a crystal structure represented by a space group R-3m, and wherein when the positive electrode is analyzed by powder X-ray diffraction using CuKαt 1 radiation at the time tp, the positive electrode has a diffraction peak at 2θ being greater than or equal to 19.25° and less than or equal to 19.45° and a diffraction peak at 2θ being greater than or equal to 45.35° and less than or equal to 45.75°.
MIKAMI discloses the secondary battery comprises a positive electrode (¶ 0013, 0026, 0037),
wherein the positive electrode comprises a positive electrode active material comprising lithium and cobalt (¶ 0013, 0026, 0037),
wherein a crystal structure of the positive electrode active material determined by powder X-ray diffraction at the time tp is a crystal structure represented by a space group R-3m (¶ 0028, 0054, 0088), and
wherein when the positive electrode is analyzed by powder X-ray diffraction using CuKαt 1 radiation at the time tp, the positive electrode has a diffraction peak at 2θ being greater than or equal to 19.25° and less than or equal to 19.45° and a diffraction peak at 2θ being greater than or equal to 45.35° and less than or equal to 45.75° (¶ 0087-0089).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the crystal structure of the positive electrode active material as recited in order to provide a positive electrode active material for lithium-ion secondary batteries that has high capacity and excellent charge-discharge cycle characteristics (MIKAMI, ¶ 0010).
Claim(s) 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over UEKI as modified by LEE as applied to claims 8-9 and 12 above, and further in view of SCHWICHTENHÖVEL (Pub. No.: US 2018/0233786 A1).
Regarding claim 11, UEKI as modified by LEE teaches the charging method of a secondary battery as applied to claim 8, and UEKI further discloses the charging unit comprises a memory circuit, wherein data is stored in the memory circuit, and wherein the time tp is detected with use of the data (¶ 0077-0078).
UEKI fails to disclose said data corresponding to an ambient temperature.
SCHWICHTENHÖVEL discloses said data corresponding to an ambient temperature (¶ 0045-0048).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to include the data corresponding to an ambient temperature in order to improve the accuracy of the detection of the local maximum in UEKI.
Conclusion
The prior art made of record on form PTO-892 and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MANUEL HERNANDEZ whose telephone number is (571)270-7916. The examiner can normally be reached Monday-Friday 9a-5p ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Drew Dunn can be reached at (571) 272-2312. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Manuel Hernandez/Examiner, Art Unit 2859 9/27/2026
/DREW A DUNN/Supervisory Patent Examiner, Art Unit 2859
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