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 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) 1-13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US 2020/0280103) in view of Shang (CN 111403640, see Examiner provided machine translation) and Li (CN 216648387, herein referred to as Li ‘387, see Examiner provided machine translation).
Regarding claim 1, Li discloses a secondary battery comprising an electrode component 1, a case, a top cover component, wherein the electrode component 1 includes a first electrode unit 11 and a second electrode unit 12 (first and second electrode assemblies) (abstract, [0080], Fig 2). The electrode units 11,12 are wound into a flat structure, where the ends are curved parts ([0004]), and curved parts of the electrode units 11,12 form an accommodating space (Figs 9-11).
However, Li does not disclose a lithium replenishing apparatus, at least part of the replenishing apparatus being disposed in the accommodating space.
Shang discloses a lithium battery comprising a battery cell, a shell for accommodating the battery cell, a cover plate, and a lithium supplementing device (abstract). The lithium supplementing device 14 comprises a lithium replenishment electrode 141, a metal wire 142, a lithium metal sheet 143, and a sealing element 144 ([0037]). The metal wire 142 is wound around the lithium metal sheet 143 ([0037]). Shang teaches that the lithium supplementing device provides an effective way to maintain useable energy and improve energy density ([0004]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to combine the lithium supplementing device [including replenishment electrode, metal wire, metal sheet, sealing element] of Shang in the battery of Li for the purpose of maintaining useable energy and improving energy density.
Li ‘387 discloses a lithium battery 100 comprising a shell 110, a top cover 120, a roll core 130, electrolyte and a filling piece 140. The first 150 and second 160 accommodating cavities are formed between the roll core and top cover, and the roll cover and the shell, while the filling piece is filled in the accommodating cavities (abstract, Figs 3-4). The roll core includes two electrode assemblies ([0052]), and has sides that are arc-shaped ([0052]). The filling piece 140 is adapted to fit in the shape of arc-shaped openings, to thereby improve space utilization ([0053], Figs 3-4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to position the lithium supplementing device of Shang in curved/arc openings of the electrode assemblies of Li as taught by Li ‘387 for the purpose of providing the lithium supplementing device and improving space utilization.
Regarding claim 2¸ modified Li discloses all of the claim limitations as set forth above. Shang teaches the lithium metal sheet 143 is cylindrical ([0040], Fig 2).
Regarding claim 3¸ modified Li discloses all of the claim limitations as set forth above. Shang teaches the lithium metal sheet 143 is cylindrical ([0040], Fig 2), and therefore has a three-dimensional shape that is considered a block.
Regarding claim 4, modified Li discloses all of the claim limitations as set forth above. As Li ‘387 illustrates the filling piece 140 as along the curved part of the electrode assemblies (Fig 3), the lithium supplementing device is parallel to axes of the at least two electrode assemblies.
Regarding claim 5¸ modified Li discloses all of the claim limitations as set forth above. Li ‘387 teaches the filling piece 140 as filling the accommodating space at the curved part of the electrode assemblies (Figs 3-4), and it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have the lithium supplementing device fill up the accommodating space.
Regarding claim 6¸ modified Li discloses all of the claim limitations as set forth above. Li discloses the each electrode assembly comprising a first end face and a second end face that are opposite to each other (see end faces 115, [0069], Fig 6), the first end face is provided with tabs (see Fig 6), and the battery cell further comprises an end cover (top cover plate 31) disposed toward the first end face and parallel to the first end face (Fig 1). Shang further teaches a lithium replenishment electrode 141 [electrode terminal] (Fig 2) for applying an external voltage ([0039]), and is connected to the negative electrode for operation ([0058]).
Regarding claim 7-8¸ modified Li discloses all of the claim limitations as set forth above. Shang teaches the lithium supplementing device 14 comprises a lithium replenishment electrode 141 [electrode terminal], a metal wire 142 [conductive assembly], a lithium metal sheet 143 [lithium replenishing agent], and a sealing element 144 ([0037]), wherein the lithium metal sheet 143 is electrically connected to the lithium replenishment electrode 141 via the metal wire 142 (Fig 2), and metal wire 142 is wound around [coats] the lithium metal sheet 143 ([0037]).
Regarding claim 9¸ modified Li discloses all of the claim limitations as set forth above. Shang teaches that the metal wire 142 is wound around the lithium metal sheet 143 ([0037]); as the lithium metal sheet 143 is cylindrical ([0040], Fig 2), the resulting shape of a winding around a cylinder is helical.
Regarding claim 10, modified Li discloses all of the claim limitations as set forth above. Shang teaches the lithium supplementing device 14 comprises a sealing element 144 [lead-out] which is in the cover plate 12 and is connected with the lithium metal sheet 143 (Fig 1).
Regarding claims 11-12, modified Li discloses all of the claim limitations as set forth above. Li teaches the top cover plate 31 comprising two electrode terminals 32, one a positive electrode terminal and the other a negative electrode terminal connected to the electrode assemblies ([0042]-[0043], Fig 1). Shang further teaches that the lithium electrode 141 is near the negative electrode 123 (see Fig 3), and the lithium replenishment electrode 141 [electrode terminal] (Fig 2) is for applying an external voltage ([0039]), and is connected to the negative electrode [short circuited] for operation ([0058]).
Regarding claim 13, modified Li discloses all of the claim limitations as set forth above. Li teaches that the electrode units 11,12 [electrode assemblies] have planar parts, the planar parts and the curved parts are connected, and the planar parts of two adjacent electrode assemblies are opposite and connected (see Figs 3-4, and see protective member 6 wound around the electrode component 1 [0079], Fig 2).
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (US 2020/0280103) in view of Shang (CN 111403640, see Examiner provided machine translation) and Li (CN 216648387, herein referred to as Li ‘387, see Examiner provided machine translation), as applied to claim 1 above, and further in view of Zheng et al. (WO 2021/102636, see English language equivalent US 2021/0242549).
Regarding claims 14-15, modified Li discloses all of the claim limitations as set forth above. While Li discloses a secondary battery (abstract) and Li ‘387 discloses an electric vehicle comprising the battery pack comprising the battery (abstract), modified Li does not explicitly disclose a battery comprising the battery cell according to claim 1 and a box configured to accommodate the cell.
Zheng disclose a battery pack 300 comprising a first box cover 301 and a second box cover 302 for housing a battery module 200 including battery cells 100 ([0087]-[0091], Figs 8-9). Said battery pack can be used in a vehicle 400 ([0093], Fig 10).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to use a plurality of batteries of Li in a battery pack [including box covers] as taught by Zheng for the purpose of providing energy and power for a vehicle and placing the arranging the batteries in a container or box.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB BUCHANAN whose telephone number is (571)270-1186. The examiner can normally be reached M-F 8:00-5:00 PM (ET).
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/JACOB BUCHANAN/ Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/ Supervisory Patent Examiner, Art Unit 1725
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