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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 04/03/2024 and 02/24/2025 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
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 6, 18 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.
Claims 6 and 18 contain the limitation “wherein the capillary element is tab-shaped”. It is unclear what structure constitutes “tab-shaped”, and the specification does not provide additional detail in this regard. For examination purposes “tab-shaped” is considered any shape.
Claim Rejections - 35 USC § 102
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 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.
Claim(s) 1-2, 4, 8-10, 12, 15-16, 19-20 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Mori et al. (WO 2017204137 A1), cited on the IDS filed 04/03/2024. Reference is made to the enclosed machine translation.
Regarding claim 1, Mori discloses an electrode assembly for a battery cell of a vehicle (Fig. 6; pp. 24; pp. 48 “the mobile body main unit 501 is the vehicle body”), the electrode assembly comprising: a first electrode with a first electrode main body and a first connection terminal protruding from the first electrode main body; a second electrode with a second electrode main body and a second connection terminal protruding from the second electrode main body (pp. 6, 20, 23-25 “the uncoated laminated portion 26 of the positive electrode of each of the multiple electrode bodies 2 is connected to one of the current collectors 5 and the uncoated laminated portion 26 of the negative electrode of each of the multiple electrode bodies 2 is connected to the other current collector 5”, 34, 36; Fig. 6 annotated below; uncoated portion 26 corresponds to first connection terminal; a positive and negative electrode correspond to a first and second electrode); and a capillary element at least partially arranged outside a space defined between the first electrode main body and the second electrode main body (Fig. 6 element 7 annotated below; pp. 25; pp. 7-8; pp. 34-35; pp. 57 liquid junction member 7 draws up the electrolyte from the lower electrode body 2 to the upper electrode body 2 using capillary action), wherein the capillary element is fluidically connected to the space defined between the first electrode main body and the second electrode main body (Fig. 4 and 6; pp. 30-31; pp. 33 liquid junction; pp. 34-35; the capillary element is fluidically connected to the space defined between the first electrode main body and the second electrode main body via the separator), and wherein the capillary element is oriented downwards in an operational state of the electrode assembly (Fig. 6). Downward is a relative direction. The liquid junction 7 taught by Mori is a three-dimensional object and thus will have at least one dimension oriented downwards regardless of the direction in which the electrode assembly is operated.
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Regarding claim 2, Mori discloses the electrode assembly of claim 1. Mori further discloses wherein the capillary element is at least partially arranged between the first connection terminal and the second connection terminal (See Fig. 6 above; element 7 is between terminals 4).
Regarding claim 4, Mori discloses the electrode assembly of claim 1. Mori further discloses a separator, wherein the capillary element contacts the separator (pp. 34-35 “liquid junction member 7 that contacts the outer circumferential surfaces of adjacent electrode bodies 2 (more specifically, the separators 25 that constitute the outer circumferential surfaces) and draws up the electrolyte”; pp. 8 the outer surface of the electrode body may be made of the separator; pp.9; Fig. 6).
Regarding claim 8, Mori discloses the electrode assembly of claim 1. Mori further discloses wherein the capillary element is made from a porous material (pp. 35 “liquid junction member 7 is formed from a porous resin”; pp. 11).
Regarding claim 9, Mori discloses the electrode assembly of claim 1. Mori further discloses further comprising: a separator, comprising: a separator main body (pp. 22; pp. 34; Fig. 4 reproduced above), and a capillary element protruding from the separator main body (Fig. 6 annotated above; pp. 34-35 “liquid junction member 7 that contacts the outer circumferential surfaces of adjacent electrode bodies 2).
Regarding claim 10, Mori discloses a battery cell for a vehicle (Fig. 6; pp. 24; pp. 48 “the mobile body main unit 501 is the vehicle body”), the battery cell comprising: a first electrode with a first electrode main body and a first connection terminal protruding from the first electrode main body; a second electrode with a second electrode main body and a second connection terminal protruding from the second electrode main body (pp. 6, 20, 23-25 “the uncoated laminated portion 26 of the positive electrode of each of the multiple electrode bodies 2 is connected to one of the current collectors 5 and the uncoated laminated portion 26 of the negative electrode of each of the multiple electrode bodies 2 is connected to the other current collector 5”, 34, 36; Fig. 6 annotated below; uncoated portion 26 corresponds to first connection terminal; a positive and negative electrode correspond to a first and second electrode); and a capillary element at least partially arranged outside a space defined between the first electrode main body and the second electrode main body (Fig. 6 element 7 annotated below; pp. 25; pp. 7-8; pp. 34-35; pp. 57 liquid junction member 7 draws up the electrolyte from the lower electrode body 2 to the upper electrode body 2 using capillary action), wherein the capillary element is fluidically connected to the space defined between the first electrode main body and the second electrode main body (Fig. 4 and 6; pp. 30-31; pp. 33 liquid junction; pp. 34-35; the capillary element is fluidically connected to the space defined between the first electrode main body and the second electrode main body via the separator), and wherein the capillary element is oriented downwards in an operational state of the electrode assembly (Fig. 6); and a battery housing, wherein the electrode assembly is arrange inside the battery housing (Fig. 6; pp. 26 “case 3”). Downward is a relative direction. The liquid junction 7 taught by Mori is a three-dimensional object and thus will have at least one dimension oriented downwards regardless of the direction in which the electrode assembly is operated.
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Regarding claim 12, Mori discloses the battery cell of claim 10. Mori further discloses wherein the capillary element contacts a lower wall of the battery housing (Fig. 5, reproduced below; Fig 6 above; indirect contact via side walls).
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Regarding claim 15, Mori discloses the battery cell of claim 10. Mori further discloses wherein the capillary element is at least partially arranged between the first connection terminal and the second connection terminal (See Fig. 6 above; element 7 is between terminals 4).
Regarding claim 16, Mori discloses the battery cell of claim 10. Mori further discloses further comprising: a separator, wherein the capillary element contacts the separator (pp. 34-35 “liquid junction member 7 that contacts the outer circumferential surfaces of adjacent electrode bodies 2 (more specifically, the separators 25 that constitute the outer circumferential surfaces) and draws up the electrolyte”; pp. 8 the outer surface of the electrode body may be made of the separator; pp.9; Fig. 6).
Regarding claim 19, Mori discloses the battery cell of claim 10. Mori further discloses wherein the capillary element is made from a porous material (pp. 35 “liquid junction member 7 is formed from a porous resin”; pp. 11).
Regarding claim 20, Mori discloses a method for replenishing electrolyte into an electrode assembly for a battery cell of a vehicle, comprising: transferring electrolyte from an accumulation of electrolyte being arranged below the electrode assembly into the electrode assembly using capillary forces (pp. 36-37; pp. 33 "excess electrolyte is continuously supplied from the lower electrode body 2 to the upper electrode body 2”; pp. 57 “capillary action”), wherein the electrode assembly comprises: a first electrode with a first electrode main body and a first connection terminal protruding from the first electrode main body, a second electrode with a second electrode main body and a second connection terminal protruding from the second electrode main body (pp. 6, 20, 23-25 “the uncoated laminated portion 26 of the positive electrode of each of the multiple electrode bodies 2 is connected to one of the current collectors 5 and the uncoated laminated portion 26 of the negative electrode of each of the multiple electrode bodies 2 is connected to the other current collector 5”, 34, 36; Fig. 6 annotated below; uncoated portion 26 corresponds to first connection terminal; a positive and negative electrode correspond to a first and second electrode); and a capillary element at least partially arranged outside a space defined between the first electrode main body and the second electrode main body (Fig. 6 element 7 annotated below; pp. 25; pp. 7-8; pp. 34-35; pp. 57 liquid junction member 7 draws up the electrolyte from the lower electrode body 2 to the upper electrode body 2 using capillary action), wherein the capillary element is fluidically connected to the space defined between the first electrode main body and the second electrode main body (Fig. 4 and 6; pp. 30-31; pp. 33 liquid junction; pp. 34-35; the capillary element is fluidically connected to the space defined between the first electrode main body and the second electrode main body via the separator), and wherein the capillary element is oriented downwards in an operational state of the electrode assembly (Fig. 6). Downward is a relative direction. The liquid junction 7 taught by Mori is a three-dimensional object and thus will have at least one dimension oriented downwards regardless of the direction in which the electrode assembly is operated.
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.
Claim(s) 3, 5-7, 11, 14, 17, 18 are rejected under 35 U.S.C. 103 as being unpatentable over Mori et al. (WO 2017204137 A1), cited on the IDS filed 04/03/2024. Reference is made to the enclosed machine translation.
Regarding claim 3, Mori discloses the electrode assembly of claim 1. Mori teaches wherein external terminals are located in an upwards direction when an energy storage system is installed in a vehicle (pp. 50; Fig. 12-13) which corresponds to first and second connections terminals facing laterally.
However, the first and second connection terminals are both three-dimensional objects and thus will have at least one dimension oriented downwards regardless of the direction in which the electrode assembly is operated.
Additionally, one of ordinary skill in the art could readily select the precise orientation of the electrochemical cell, and hence the first and second connection terminal, to be for example in the downward orientation with a reasonable expectation of success.
Regarding claim 5, Mori discloses the electrode assembly of claim 1. Mori further teaches wherein the capillary element is made of polyethylene, polypropylene, cellulose, or polyamide (pp. 23) and the separator is made from porous polyolefin resin (low-density or high-density polyethylene, ultra-high molecular weight polyethylene, polypropylene, or a mixture of polypropylene), porous PEEK resin, porous latex resin, or porous fluororesin (pp. 35-36)
It would have been obvious to one of ordinary skill in the art to select the separator material and capillary element material from those taught by Mori. In the case where both are selected as, for example, polyethylene or polypropylene, the claimed limitations are met.
Regarding claim 6, Mori discloses the electrode assembly of claim 1.
Mori is silent as to the shape of the capillary element.
However, selecting the precise shape of the capillary element, such as a tab-shape, would have been obvious to one of ordinary skill in the art absent persuasive evidence that the particular configuration claimed is significant. Further, selecting the precise shape of the capillary element is with on the ambit of one of ordinary skill in the art. See In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Regarding claim 7, Mori discloses the electrode assembly of claim 1. Mori teaches wherein separator is composed of a porous membrane such as polyethylene, polypropylene, cellulose, or polyamide (pp. 23). Mori teaches where a liquid junction member (capillary element) is formed from, for example, a porous polyolefin resin such as low-density or high-density polyethylene, ultra-high molecular weight polyethylene, polypropylene, or a mixture of polypropylene (pp. 35-36).
Mori does not teach wherein the capillary element is at least partially arranged between the first electrode main body and the second electrode main body.
However, Mori teaches that the separator and liquid junction (capillary element) may be made of the same material (pp. 23 and pp. 35-36) and they are fluidically connected (Fig. 4 and 6; pp. 30-31; pp. 33 liquid junction; pp. 34-35; the capillary element is fluidically connected to the space defined between the first electrode main body and the second electrode main body via the separator). Therefore, it would have been obvious to one of ordinary skill in the art to make the liquid junction and separator integrally connected. See In reLarson, 340 F.2d 965, 968, 144 USPQ 347, 349 (CCPA 1965) (MPEP 2144.04). In the case where the liquid junction and separator are integrally connected the limitations of claim 7 are met because the liquid junction and separator are integrally formed with a portion residing between the positive electrode and the negative electrode in the wound cell.
Regarding claim 11 & 14, Mori discloses the battery cell of claim 10. Mori teaches wherein external terminals are located in an upwards direction when an energy storage system is installed in a vehicle (pp. 50; Fig. 12-13) which corresponds to first and second connections terminals facing laterally.
However, the first and second connection terminals are both three-dimensional objects and thus will have at least one dimension oriented downwards regardless of the direction in which the electrode assembly is operated.
Additionally, one of ordinary skill in the art could readily select the precise orientation of the electrochemical cell, and hence the first and second connection terminal, to be for example in the downward orientation with a reasonable expectation of success.
Regarding claim 17, Mori discloses the battery cell of claim 1.
Mori further teaches wherein the capillary element is made of polyethylene, polypropylene, cellulose, or polyamide (pp. 23) and the separator is made from porous polyolefin resin (low-density or high-density polyethylene, ultra-high molecular weight polyethylene, polypropylene, or a mixture of polypropylene), porous PEEK resin, porous latex resin, or porous fluororesin (pp. 35-36)
It would have been obvious to one of ordinary skill in the art to select the separator material and capillary element material from those taught by Mori. In the case where both are selected as, for example, polyethylene or polypropylene, the claimed limitations are met.
Regarding claim 18, Mori discloses the battery cell of claim 10.
Mori is silent as to the shape of the capillary element.
However, selecting the precise shape of the capillary element, such as a tab-shape, would have been obvious to one of ordinary skill in the art absent persuasive evidence that the particular configuration claimed is significant. Further, selecting the precise shape of the capillary element is with on the ambit of one of ordinary skill in the art. See In reDailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Claim(s) 13 is rejected under 35 U.S.C. 103 as being unpatentable over Mori et al. (WO 2017204137 A1), as applied above, in view of Mohseni (Surface Tension, Capillarity and Contact Angle. In: Li, D. (eds) Encyclopedia of Microfluidics and Nanofluidics) and Wang et al. (US 20180248221 A1).
Regarding claim 13, Mori discloses the battery cell of claim 12. Mori teaches an electrolyte, where the electrolyte is obtained by dissolving an electrolyte salt in an organic solvent (pp. 31-32). Mori teaches wherein separator is composed of a porous membrane such as polyethylene, polypropylene, cellulose, or polyamide (pp. 23). Mori teaches where a liquid junction member (capillary element) is formed from, for example, a porous polyolefin resin such as low-density or high-density polyethylene, ultra-high molecular weight polyethylene, polypropylene, or a mixture of polypropylene (pp. 35-36).
Mori does not teach wherein the electrolyte has a contact angle of 30 degrees or less when contacting the capillary element.
However, Mohseni teaches that the rise or fall of a liquid interface in a capillary can be calculated by the following equation:
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Mohseni teaches that nonwetting liquids have a contact angle > 90° and exhibit a negative capillary rise (pp. 1951).
Further, Wang teaches that if the contact angle of an electrolyte on a material is lesser than 60 degrees, the interactions between the liquid and material are favorable and the material can be considered wet ([0035]). Further, Wang teaches that polypropylene can have favorable interactions with the electrolyte that enhance wettability ([0035]).
Therefore, in view of Mohseni and Wang it would have been obvious to one of ordinary skill in the art to select an electrolyte and capillary material combination in which the contact angle is < 60°.
One of ordinary skill in the art would be motivated to select and electrolyte and capillary material combination in which the contact angle is < 60° to ensure adequate wettability and capillary action. The contact angle taught by Wang overlaps with the claimed range and in the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP §2144.05).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Krishnamoorthy et al. (US 20170133650 A1) teaches absorbent glass mats or AGM separators which absorb solvent (abstract). Krishnamoorthy teaches glass mats, or separators, that are wrapped around electrode bodies, that wick electrolyte ([0014]; [0016]-[0017]; [0067]; Fig. 6). Cited on the IDS filed 4/3/2024.
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/F.B.A./Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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