DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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 § 112
2. 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.
3. Claim 11 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.
4. Claim 11 recites the limitation "the multi-layer cell casing" in line 3. There is insufficient antecedent basis for this limitation in the claim. For the purpose of this Office Action, the limitation has been interpreted as "a multi-layer cell casing".
5. Claim 11 recites the limitation " the cell casing " in line 5. There is insufficient antecedent basis for this limitation in the claim. For the purpose of this Office Action, the limitation has been interpreted as " the multi-layer cell casing " as there is antecedent basis.
6. The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
7. Claim 2 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends. Claim 2 recites “the protective layer is a coating or film comprising polyether ether ketone”. However, claim 2 depends from claim 1 which recites “the protective layer is a polyether ether ketone, PEEK film bag. Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
8. 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.
9. 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.
10. Claim(s) 1-3, and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawakita (US 2017/0256758) in view of Li et al. (CN211195211U) with citations from machine translation provided with this Office Action.
Regarding claim 1, Kawakita discloses a battery cell (power storage device 20 is a lithium ion secondary battery, Fig. 2, [0076]-[0077]) comprising: a two-layer film bag(packaging material 1, Figs. 1 & 2, [0076]-[0077]), two electrodes, and a separator arranged between the two electrodes (lithium ion secondary battery consists of an anode, a cathode and a separator [0076]), wherein the two electrodes and the separator are arranged in the two-layer film bag(power storage device main body 19, Fig. 2, [0077]), wherein the two-layer film bag is filled with an electrolyte(21, Fig. 2, [0077]), wherein a protective layer of the two-layer film bag, which is in contact with the electrolyte, comprises polyolefin (inner layer 3 imparting an excellent chemical resistance against a highly corrosive electrolyte [0068], Fig.2) wherein the two-layer film bag comprises an aluminum film bag (4, Figs. 1 & 2, [0033]) coated with polyamide on an external side(2, Figs. 1 & 2, [0033]), but does not explicitly disclose a protective layer of the two-layer film bag, which is in contact with the electrolyte, comprises polyether ether ketone, PEEK, wherein the protective layer is a polyether ether ketone, PEEK, film bag.
Li teaches aluminum-plastic film resistant to lithium ion battery electrolyte (title). Li teaches the electrolyte-resistant aluminum-plastic film uses the polyether-ether-ketone film layer to provide electrolyte resistance(abstract). Li teaches the packaging structure is simple in structure, convenient to manufacture, firm in aluminum plastic film coating and safe and reliable in packaging (abstract).
It would have been obvious to one of ordinary skill in the art to modify the protective layer of Kawakita with polyether ether ketone as taught by Li since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07.
Continuing with claim 1, modified Kawakita discloses wherein the polyether ether ketone, PEEK, film bag(Li, abstract) is introduced into the aluminum film bag(Kawakita, Figs. 1 & 2).
Regarding claim 2, modified Kawakita discloses wherein the protective layer is a coating or film comprising polyether ether ketone (Li, abstract) but does not explicitly disclose wherein the two-layer film bag, on the inside, does not comprise a fixed connection between the polyether ether ketone, PEEK, film bag and the aluminum film bag.
It would have been obvious to one of ordinary skill in the art to have the two-layer film bag, on the inside, does not comprise a fixed connection between the polyether ether ketone, PEEK, film bag and the aluminum film bag, since it has been held that constructing a formerly integral structure in various elements involves only routine skill in the art. MPEP 2144.04 (V-C).
Regarding claim 3, modified Kawakita discloses wherein the protective layer comprises a thickness of 5-15 μm (Li, [0010]) which is within the range of 100 μm or less, thus reading on the limitation.
Regarding claim 10, Kawakita discloses a pouch cell (power storage device 20 is a lithium ion secondary battery, Fig. 2, [0076]-[0077]) comprising: a two-layer film bag (packaging material 1, Figs. 1 & 2, [0076]-[0077]), two electrodes, and a separator arranged between the two electrodes (lithium ion secondary battery consists of an anode, a cathode and a separator [0076]), wherein the two electrodes and the separator are arranged in the two-layer film bag (power storage device main body 19, Fig. 2, [0077]), wherein the two-layer film bag is filled with an electrolyte (21, Fig. 2, [0077]), wherein a film layer of the two-layer film bag, which is in contact with the electrolyte, comprises polyolefin (inner layer 3 imparting an excellent chemical resistance against a highly corrosive electrolyte [0068], Fig. 2), wherein the two-layer film bag comprises an aluminum film bag (4, Figs. 1 & 2, [0033]) coated with polyamide on an external side (2, Figs. 1 & 2, [0033]), but does not explicitly disclose a film layer of the two-layer film bag, which is in contact with the electrolyte, comprises a polyether ether ketone, PEEK, wherein the film layer which is in contact with the electrolyte is a polyether ether ketone, PEEK, film bag.
Li teaches aluminum-plastic film resistant to lithium ion battery electrolyte (title). Li teaches the electrolyte-resistant aluminum-plastic film uses the polyether-ether-ketone film layer to provide electrolyte resistance(abstract). Li teaches the packaging structure is simple in structure, convenient to manufacture, firm in aluminum plastic film coating and safe and reliable in packaging (abstract).
It would have been obvious to one of ordinary skill in the art to modify the film layer of Kawakita with polyether ether ketone as taught by Li since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07.
Continuing with claim 10, modified Kawakita discloses wherein the polyether ether ketone, PEEK, film bag(Li, abstract) is introduced into the aluminum film bag(Kawakita, Figs. 1 & 2).
11. Claim(s) 4, 5, 8, and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawakita (US 2017/0256758) in view of Li et al. (CN211195211U) with citations from machine translation provided with this Office Action as applied to claim 1 above, and further in view of Lin et al. (US 2020/0203675).
Regarding claim 4, modified Kawakita does not explicitly disclose the electrolyte is an ionic liquid, or wherein the electrolyte is a strong eutectic solvent.
Lin teaches a battery which includes a metal anode, a cathode, a separator between the metal anode and the cathode, and an ionic liquid electrolyte (ILE) or deep eutectic solvent electrolyte (DES) in direct contact with the metal anode, the cathode, and the separator([0008]). Lin teaches key to commercializing Al-metal anode rechargeable batteries, is the development of electrolytes which are chemically compatible with Al and which are sufficiently ionically conductive([0005]). Lin teaches also critical is the development of packaging materials which can enclose an Al-metal anode rechargeable battery and its electrolyte without corroding the battery and degrading electrochemical performance([0005]). Lin teaches some researchers have developed Al-metal anode rechargeable batteries and used electrolytes which included ionic liquid electrolyte (ILE) mixtures of AlCl3 and 1-ethyl-3-methylimidazolium chloride ([EMIm]Cl) or AlCl3 and urea([0005]).
It would have been obvious to one of ordinary skill in the art to modify the electrolyte of modified Kawakita with the electrolyte is an ionic liquid, or the electrolyte is a strong eutectic solvent as taught by Lin in order to provide electrolytes which are chemically compatible with Al and which are sufficient ionically conductive.
Regarding claim 5, modified Kawakita discloses the ionic liquid comprises aluminum chloride(Lin [0054]).
Regarding claim 8, modified Kawakita discloses an electrolyte-resistant plastic-aluminum membrane utilizes the polyether-ether-ketone film layer to provide electrolyte-resistant performance (Li, abstract) but does not explicitly disclose wherein the battery cell is an aluminum ion cell.
Lin teaches a battery which includes a metal anode, a cathode, a separator between the metal anode and the cathode, and an ionic liquid electrolyte (ILE) or deep eutectic solvent electrolyte (DES) in direct contact with the metal anode, the cathode, and the separator([0008]). Lin teaches Al is an economically viable choice for large scale battery manufacturing and, for example, grid storage applications([0004]). Lin teaches highly stable Al-ion batteries having an Al-metal anode([0229]).
It would have been obvious to one of ordinary skill in the art to have as the battery cell of modified Kawakita the battery cell is an aluminum ion cell as taught by Lin since Al is an economically viable choice for large scale battery manufacturing and, for example, grid storage applications.
Regarding claim 9, modified Kawakita does not explicitly disclose a first electrode of the two electrodes comprises aluminum, and/or wherein a second electrode of the two electrodes comprises graphite particles as an active material.
Lin teaches a battery which includes a metal anode, a cathode, a separator between the metal anode and the cathode, and an ionic liquid electrolyte (ILE) or deep eutectic solvent electrolyte (DES) in direct contact with the metal anode, the cathode, and the separator([0008]). Lin teaches Al is an economically viable choice for large scale battery manufacturing and, for example, grid storage applications([0004]). Lin teaches a first electrode of the two electrodes comprises aluminum([0038]), and/or wherein a second electrode of the two electrodes comprises graphite particles as an active material([0038], [0087]).
It would have been obvious to one of ordinary skill in the art to modify the battery cell of modified Kawakita with a first electrode of the two electrodes comprises aluminum, and/or wherein a second electrode of the two electrodes comprises graphite particles as an active material as taught by Lin since Al is an economically viable choice for large scale battery manufacturing and, for example, grid storage applications.
12. Claim(s) 6 and 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawakita (US 2017/0256758) in view of Li et al. (CN211195211U) with citations from machine translation provided with this Office Action as applied to claim 1 above, and further in view of Mukherjee et al. (US 2018/0138554).
Regarding claim 6, modified Kawakita does not explicitly disclose the two-layer film bag is a cylindrical casing.
Mukherjee teaches rechargeable aluminum ion battery (title). Mukherjee teaches pouch cells were assembled by introducing the anode-separator-cathode interface in the cell assembly section of an aluminum laminate pouch cell packaging case([0142]). Mukherjee teaches studies were conducted using the standard 2032 coin cell form factor, illustrated in FIG. 2 ([0116]).
It would have been obvious to one of ordinary skill in the art to modify the battery cell of modified Kawakita with a cylindrical casing as taught by Mukherjee since such a modification is a standard cell form factor. MPEP 2144.04 (IV-B).
Regarding claim 7, modified Kawakita does not explicitly disclose the two-layer film bag is a prism casing.
Mukherjee teaches rechargeable aluminum ion battery (title). Mukherjee teaches pouch cells were assembled by introducing the anode-separator-cathode interface in the cell assembly section of an aluminum laminate pouch cell packaging case([0142]). Mukherjee teaches in order to assess form factor scalability of the aluminum ion battery chemistry, pouch cell and prismatic cells were also assembled and tested(Fig. 8A, [0140]). Mukherjee teaches like the prismatic cell format, a pouch cell assembled in this fashion can also incorporate scalability and multiple interfaces can be packed in series/parallel configurations to achieve a pre-determined capacity and voltage rating ([0143]).
It would have been obvious to one of ordinary skill in the art to modify the battery cell of modified Kawakita with a prism casing as taught by Mukherjee in order to provide scalability and multiple interfaces can be packed in series/parallel configurations to achieve a pre-determined capacity and voltage rating.
13. Claim(s) 11 and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawakita (US 2017/0256758) in view of Li et al. (CN211195211U) with citations from machine translation provided with this Office Action in further view of Zuraw (US2007/0264572).
Regarding claim 11, Kawakita discloses a method of manufacturing a battery cell(power storage device 20 is a lithium ion secondary battery, Fig. 2, [0076]-[0078]), the method comprising: providing a two-layer film bag(packaging material 1, Figs. 1 & 2, [0076]-[0077]), providing two electrodes in a multi-layer cell casing, providing a separator between the two electrodes(lithium ion secondary battery consists of an anode, a cathode and a separator [0076]),
filling the multi-layer cell casing with an electrolyte(21, Fig. 2, [0077]), wherein a protective layer of the multi-layer cell casing, which is in contact with the electrolyte, polyolefin (inner layer 3 imparting an excellent chemical resistance against a highly corrosive electrolyte [0068], Fig. 2), wherein providing the two-layer film bag comprises: providing an aluminum film bag (4, Figs. 1 & 2, [0033]) which is coated with polyamide on an external side (2, Figs. 1 & 2, [0033]), but does not explicitly disclose a protective layer of the multi-layer cell casing, which is in contact with he electrolyte, comprises polyether ether ketone, PEEK, wherein providing the two-layer film bag comprises: providing a polyether ether ketone, PEEK, film bag as a protective layer.
Li teaches aluminum-plastic film resistant to lithium ion battery electrolyte (title). Li teaches the electrolyte-resistant aluminum-plastic film uses the polyether-ether-ketone film layer to provide electrolyte resistance(abstract). Li teaches the packaging structure is simple in structure, convenient to manufacture, firm in aluminum plastic film coating and safe and reliable in packaging (abstract).
It would have been obvious to one of ordinary skill in the art to modify the protective layer of Kawakita with polyether ether ketone as taught by Li since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07.
Continuing with claim 11, modified Kawakita does not explicitly disclose introducing the polyether ether ketone, PEEK, film bag into the aluminum film bag.
Zuraw teaches battery anodes (title). Zuraw teaches the polyethylene bag was placed in a heat-sealable aluminum foil bag ([0086]).
It would have been obvious to one of ordinary skill in the art to modify the method of modified Kawakita with introducing the polyether ether ketone, PEEK, film bag into the aluminum film bag as Zuraw teaches a process of placing a polyethylene bag in an aluminum foil bag as applying a known technique to a known method ready for improvement to yield predictable results. MPEP 2143.
Regarding claim 12, Kawakita discloses a method of manufacturing a pouch cell(power storage device 20 is a lithium ion secondary battery, Fig. 2, [0076]-[0078]), the method comprising: providing a two-layer film bag(packaging material 1, Figs. 1 & 2, [0076]-[0077]),
providing two electrodes in the two-layer film bag, providing a separator between the two electrodes(lithium ion secondary battery consists of an anode, a cathode and a separator [0076]),
filling the two-layer film bag with an electrolyte(21, Fig. 2, [0077]), wherein a protective layer of the two-layer film bag, which is in contact with the electrolyte, comprises polyolefin (inner layer 3 imparting an excellent chemical resistance against a highly corrosive electrolyte [0068], Fig. 2), wherein providing the two-layer film bag comprises: providing an aluminum film bag (4, Figs. 1 & 2, [0033]) which is coated with polyamide on an external side (2, Figs. 1 & 2, [0033]), but does not explicitly disclose a protective layer of the two-layer film bag, which is in contact with the electrolyte, comprises polyether ether ketone, PEEK, wherein providing the two-layer film bag comprises providing a polyether ether ketone, PEEK, film bag as a protective layer.
Li teaches aluminum-plastic film resistant to lithium ion battery electrolyte (title). Li teaches the electrolyte-resistant aluminum-plastic film uses the polyether-ether-ketone film layer to provide electrolyte resistance(abstract). Li teaches the packaging structure is simple in structure, convenient to manufacture, firm in aluminum plastic film coating and safe and reliable in packaging (abstract).
It would have been obvious to one of ordinary skill in the art to modify the protective layer of Kawakita with polyether ether ketone as taught by Li since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. MPEP 2144.07.
Continuing with claim 12, modified Kawakita does not explicitly disclose introducing the polyether ether ketone, PEEK, film bag into the aluminum film bag.
Zuraw teaches battery anodes (title). Zuraw teaches the polyethylene bag was placed in a heat-sealable aluminum foil bag ([0086]).
It would have been obvious to one of ordinary skill in the art to modify the method of modified Kawakita with introducing the polyether ether ketone, PEEK, film bag into the aluminum film bag as Zuraw teaches a process of placing a polyethylene bag in an aluminum foil bag as applying a known technique to a known method ready for improvement to yield predictable results. MPEP 2143.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to VICTORIA HOM LYNCH whose telephone number is (571)272-0489. The examiner can normally be reached 7:30 AM - 4:30 PM EST M-F.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at 571-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/VICTORIA H LYNCH/Primary Examiner, Art Unit 1724
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