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 priority in view of PCT/CN2022/102718 with an effective filing date of 06/30/2022.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 04/23/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements is being considered by the examiner.
Claim Objections
Claim 2 is objected to because of the following informalities: A typographical error in Line 16 stating “and the lithium-supplementing apparatusand at least a part of”. 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.
Claim 4 is 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 4 recites the limitation "wherein the lithium-supplementing apparatus covers the plane part" in Line 21. There are at least two plane parts introduced in Claim 2 from which claim 4 depends and it is unclear which plain part the lithium-supplementing apparatus covers in claim 4. Appropriate correction is required.
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.
Claims 1-5, 8-11 and 15-17 are rejected under 35 U.S.C. 103 as being unpatentable over Shang et al. (CN 111403640 A - Machine Translation cited for reference), hereinafter "Shang" in view of Yoon et al. (US 20150093617 A1), hereinafter "Yoon". Shang and Yoon et al. are analogous prior art to the claimed invention because they pertain to the same field of endeavor, namely lithium battery cells.
In regard to Claims 1-4 and 15, Shang et al. discloses a battery cell comprising at least two electrodes, a lithium-supplementing apparatus (lithium metal sheet 143) arranged within the cell in an opening (gap) in the shell but external to the electrode assembly and a shell configured to accommodate the at least two electrodes (Shang, Abstract, Claim 10). Shang et al. also discloses the shell comprising a first wall (cover plate), and the first wall being provided with a lithium-supplementing electrode terminal (141) and a connecting element (142) configured to electrically connect the lithium-supplementing apparatus with the lithium-supplementing electrode terminal (Shang, [33, 35]).
While Shang et al. discloses this configuration within a cell which has one electrode assembly, the skilled artisan would find it obvious to provide the lithium-supplementing apparatus between two electrode assemblies when the cell comprises more than one electrode assembly, as evidenced by Yoon et al. which discloses a battery cell comprising at least two electrode assemblies with a sheet shaped apparatus arranged between two adjacent electrode assemblies, a shell configured to accommodate the at least two electrode assemblies, and a terminal configured to electrically connect the sheet shaped apparatus (Yoon, [0006, 00012]).
Yoon et al. also discloses wherein a surface of each of the at least two electrode assemblies comprises a plane part, the plane parts of the two adjacent electrode assemblies are opposite and connected and the lithium-supplementing apparatus and at least a part of the connecting element are arranged between the plane parts of the two adjacent electrode assemblies wherein the plane part is a side surface with a maximum area in each electrode assembly, and wherein the sheet shaped apparatus covers the plane part (Yoon, Figures 3, 8-9). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the current invention to provide the lithium-supplementing sheet shaped apparatus of Shang et al. in a cell with at least two electrode assemblies wherein the sheet shaped apparatus is arranged between the at least two electrode assemblies as taught in Yoon et al. as doing so would be an obvious variation for the skilled artisan with a reasonable expectation of success and as doing so would amount to nothing more than a mere duplication of parts, which has no patentable significance unless a new and unexpected result is produced, In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960), See MPEP 2144.04 VI B.
In regard to Claim 5, Shang et al. in view of Yoon discloses the battery cell according to claim 1. Shang et al. also discloses the lithium-supplementing agent (143) comprises a section of metal wire wound around the sheet (conductive assembly) where the lead end of the wire is the connecting part and terminates as an external electrode (terminal), which is necessarily a conductive assembly (wound wire section) with a connecting element (lead end of wire) configured to electrically connect the conductive assembly with the lithium-supplementing electrode terminal (Shang, [43]).
In regard to Claim 8, Shang et al. in view of Yoon discloses the battery cell according to claim 5. Shang et al. also discloses a configuration wherein the connecting element comprises a terminal connecting part and a lead-out part connected to each other, the terminal connecting part is electrically connected to the lithium-supplementing electrode terminal, an end of the conductive assembly facing the connecting element is formed with an accommodating space, and the lead-out part is arranged in the accommodating space (See annotated Figures 2 and 3).
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Annotated Figure 2
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Annotated Figure 3
In regard to Claims 9-11, Shang in view of Yoon et al. discloses the battery cell according to claim 1. Shang et al. also discloses wherein in a width direction of the first wall, the terminal connecting part is arranged at a middle position of the first wall (Shang, Figure 1 (141), wherein the first wall is an end cover (cover plate) (Shang, Abstract) and if the design of the battery shell necessitated the side wall to comprise the terminals, then it would have been obvious to one of ordinary skill in the art, before the effective filing date of the current invention to provide the first wall as a side surface of the shell.
In regard to Claim 16-17, Shang et al. in view of Yoon discloses the battery cell according to claim 1. Shang et al. also discloses a box body configured to accommodate the battery cell and an electrical apparatus, comprising the battery according to claim 16, the battery being configured to provide electric energy to a vehicle (Shang [2, 7]).
Claims 6 is rejected under 35 U.S.C. 103 as being unpatentable over Shang et al. (CN 111403640 A - Machine Translation cited for reference), hereinafter "Shang" in view of Yoon et al. (US 20150093617 A1), hereinafter "Yoon" as applied to claim 1 above and further in view of Land et al. (US 4125684 A), hereinafter "Land". Shang, Yoon and Land et al. are analogous prior art to the claimed invention because they pertain to the same field of endeavor, namely lithium battery cells.
In regard to Claim 6, Shang et al. in view of Yoon discloses the battery cell according to claim 1. While Shang et al. also discloses on method for connecting the sheet shaped member via a conductive assembly, through a connecting member to an external terminal, it is silent as to that conductive member being a plastic cement material.
However, different methods of connecting the sheet shaped member via a conductive assembly, through a connecting member to an external terminal are well known to the skilled artisan as evidenced by Land et al. which discloses a sheet shaped member (internal cathode material) connected to a conductive assembly comprising plastic cement and provides a metal terminal sheet (connecting element) which ends at an external terminal (Land, Abstract, Col 3, and 5-6). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the current invention to provide a conductive assembly made of plastic resin to connect a sheet shaped member to a connecting element and external terminal as taught in Land et al. as doing so would amount to nothing more than a variation of it for use in the same field, based on design incentives or other market forces, as the variations are predictable to one of ordinary skill in the art.
Claims 7 is rejected under 35 U.S.C. 103 as being unpatentable over Shang et al. (CN 111403640 A - Machine Translation cited for reference), hereinafter "Shang" in view of Yoon et al. (US 20150093617 A1), hereinafter "Yoon" as applied to claim 1 and claim 5 above and further in view of Chu et al. (US 20210135322 A1), hereinafter "Chu". Shang, Yoon and Chu et al. are analogous prior art to the claimed invention because they pertain to the same field of endeavor, namely lithium battery cells.
In regard to Claim 7, Shang et al. in view of Yoon discloses the battery cell according to claim 5. While Shang et al. discloses a lithium-supplementing it is silent as to the thickness of the sheet. However, the skilled artisan of Shang must provide the sheet in some measurable thickness and selecting a thickness would amount to nothing more than optimizing a variable based on design choices. This is evidenced by Chu et al. which discloses a lithium sheet supplies lithium to the battery cell and is provided in a thickness of 0.010 to 0.100 mm (Chu, [0048]), which falls within the claimed range. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the current invention to provide the lithium metal sheet of Shang in a thickness as taught in Chu et al. as doing so would give the skilled artisan the reasonable expectation of success and as doing so would amount to nothing more than the use of an obvious variation of a known material, used in the same way and in the same field.
Claims 12-13 are rejected under 35 U.S.C. 103 as being unpatentable over Shang et al. (CN 111403640 A - Machine Translation cited for reference), hereinafter "Shang" in view of Yoon et al. (US 20150093617 A1), hereinafter "Yoon" as applied to claim 1 and claim 11 above and further in view of Christensen et al. (US 20080050644 A1), hereinafter "Christensen". Shang, Yoon and Christensen et al. are analogous prior art to the claimed invention because they pertain to the same field of endeavor, namely lithium battery cells.
In regard to Claims 12-13, Shang in view of Yoon et al. discloses the battery cell according to claim 11. Shang et al. also discloses wherein the end cover is further provided with a positive electrode terminal and a negative electrode terminal; and the lithium-supplementing electrode terminal is configured to be connected with the positive electrode terminal or the negative electrode terminal when the lithium-supplementing apparatus supplements lithium to the battery cell (Shang, Figure 3, [54-55]) and wherein in a case where the lithium-supplementing electrode terminal is configured to be short-circuited with the negative electrode terminal when the lithium-supplementing apparatus supplements lithium to the battery cell, the lithium-supplementing electrode terminal is closer to the negative electrode terminal than the positive electrode terminal (Shang, Figure 3 (123)), but is silent as to the formation due explicitly to short circuiting.
However, the skilled artisan would be aware of other methods for activating the lithium supplementing to include short circuiting as evidenced by Christensen et al. which discloses a lithium supplementing apparatus (lithium reservoir) which connects to a lithium-supplementing electrode terminal (Christensen, Abstract, [0014]) and closing (short circuiting) a circuit between the working electrode terminals and the lithium-supplementing electrode terminal (Christensen, [0059-0060]). This method is taught to have the advantage of providing a path for electrons to flow through the circuit from the lithium-supplementing apparatus to the working electrode and restoring the cell capacity to its original value (Christensen, [0060]). Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the current invention to perform a short circuit method to provide the formation of supplemental lithium as taught in Christensen et al. as the method to provide the formation of supplemental lithium of Shang et al. as doing so would give the skilled artisan the reasonable expectation of achieving the benefits taught in Christensen and as doing so would amount to nothing more than applying a known technique to a known device (method, or product) ready for improvement to yield predictable results.
Claims 14 is rejected under 35 U.S.C. 103 as being unpatentable over Shang et al. (CN 111403640 A - Machine Translation cited for reference), hereinafter "Shang" in view of Yoon et al. (US 20150093617 A1), hereinafter "Yoon" as applied to claim 1 above and further in view of Shin et al. (US 20200259180 A1), hereinafter "Shin". Shang, Yoon and Shin et al. are analogous prior art to the claimed invention because they pertain to the same field of endeavor, namely lithium battery cells.
Shang in view of Yoon et al. discloses the battery cell according to claim 1. While Shang in view of Yoon et al. discloses a lithium lithium-supplementing apparatus in sheet form provided between two electrode assemblies it is silent as to wherein the lithium-supplementing apparatus is connected to the two adjacent electrode assemblies through a conductive adhesive.
Shin et al discloses a lithium supplementing apparatus comprising lithium foil which is laminated to the electrode assembly with conductive adhesive (Shin, [0007, 00065]) with a known advantaged of this method being secure attachment. Therefore, it would have been obvious to one of ordinary skill in the art, before the effective filing date of the current invention to provide a conductive adhesive to attach the lithium-supplementing apparatus of Shang in the configuration between two electrode assemblies in Yoon as doing so would give the skilled artisan the reasonable expectation of success and as doing so would amount to nothing more than the use of known technique to improve similar devices (methods, or products) in the same way.
Conclusion
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/K.M.O./Examiner, Art Unit 1725
/JONATHAN CREPEAU/Primary Examiner, Art Unit 1725
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