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 .
Intended use
2. It is noted that the claims have “intended use” language such as “regulating passage of the nonaqueous electrolyte” and it has been held that a recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus satisfying the claimed structural limitations. Ex parte Masham, 2 USPQ2d 1647 (1987).
Claim Rejections - 35 USC § 112
3. 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.
4. Claim 7 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.
5. Claim 7 recites the limitation "the nonaqueous electrolyte" in lines 11-12 . 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 nonaqueous electrolyte".
Claim Rejections - 35 USC § 102
6. 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.
7. 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.
8. Claim(s) 1, 2, 5, and 7 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Skotheim et al. (EP1234348B1) as cited in IDS dated 3/19/24.
Regarding claim 1, Skotheim discloses an energy storage device (electrochemical cell, [0075]-[0078]) comprising: an electrode assembly including a positive electrode(cathode [0079]-[0088]), a negative electrode(anode [0040]-[0062]), and a separator([0029], [0101]-[0104]); and
a nonaqueous electrolyte([0075]), wherein the negative electrode includes a negative substrate([0045]), a first layer disposed directly or indirectly on the separator side of the negative substrate and containing a metal of gold, platinum, or a combination thereof(temporary protective metal layer [0042]), and a second layer disposed on the separator side of the first layer, containing a polymer having lithium ion conductivity and a lithium salt (third layer including single ion conducting layer including material such as lithium borates[0047]-[0049] and fourth layer including ionically conducting polymers further comprising lithium salts ([0057]-[0058]), and regulating passage of the nonaqueous electrolyte([0047], [0057]), and the negative electrode further includes a lithium metal layer disposed between the negative substrate and the first layer(first layer comprises lithium metal [0041]).
Regarding claim 2, Skotheim discloses the polymer contained in the second layer includes a polymer material containing acrylonitrile thereof as a monomer([0057], [0098]).
Regarding claim 5, Skotheim discloses the lithium salt is lithium bis(trifluoromethanesulfonyl)imide ([0100]).
Regarding claim 7, Skotheim discloses a method for manufacturing an energy storage device ([0033]-[0037]) comprising: preparing a positive electrode([0089]-[0093]); preparing a separator([0101]-[0104]); preparing a negative electrode([0064]-[0074]); and producing an electrode assembly by stacking the positive electrode, the separator, and the negative electrode such that the positive electrode, the separator, and the negative electrode are arranged in this order([0101]), wherein the preparing the negative electrode includes forming a first layer containing a metal of gold, platinum, or a combination thereof directly or indirectly on the separator side of a negative substrate(temporary protective metal layer [0064]), forming a second layer containing a polymer having lithium ion conductivity and a lithium salt and restricting passage of a nonaqueous electrolyte on the separator side of the first layer(third layer comprising single ion conducting layer including material such as lithium borates [0047]-[0049, [0065] and fourth layer including ionically conducting polymers further comprising lithium salts [0057]-[0058], [0066]), and forming a lithium metal layer between the negative substrate and the first layer([0064]).
Claim Rejections - 35 USC § 103
9. 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.
10. 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.
11. Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Skotheim et al. (EP1234348B1) as cited in IDS dated 3/19/24 as applied to claim 1 above, and further in view of Popovici et al. (US 2017/0256767).
Regarding claim 4, Skotheim discloses the separator includes a substrate layer ([0101]-[0102]) but does not explicitly disclose an inorganic material layer disposed on the negative electrode side of the substrate layer.
Popovici teaches a lithium metal secondary battery (title). Popovici teaches a battery with a new system, i.e., dendrite growth is suppressed in secondary batteries in which lithium metal is used([0010]). Popovici teaches the separator 4 is a porous body containing an ion conductive inorganic oxide(Fig. 1, [0152]). Popovici teaches therefore, even charging and discharging are repeated, dendrite generation is suppressed in the negative electrode 2([0152]).
It would have been obvious to one of ordinary skill in the art to modify the separator of Skotheim with the separator includes a substrate layer and an inorganic material layer disposed on the negative electrode side of the substrate layer as taught by Popovici in order to provide suppression of dendrite generation in the negative electrode.
12. Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Skotheim et al. (EP1234348B1) as cited in IDS dated 3/19/24 as applied to claim 1 above, and further in view of Beaston et al. (US 2024/0170756).
Regarding claim 6, Skotheim does not explicitly disclose the electrode assembly is in a state of being pressed in a thickness direction thereof.
Beaston teaches battery module and battery rack with enhanced fire safety features, and applications thereof(title). Beaston teaches the battery module includes an applied pressure assembly with integrated sensor that detects swelling of a battery cell(abstract).
It would have been obvious to one of ordinary skill in the art to modify the energy storage device of Skotheim with the electrode assembly is in a state of being pressed in a thickness direction thereof as taught by Beaston as obvious to try choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. See MPEP 2143.
Regarding claim 8, Skotheim an energy storage apparatus (electronic devices [0003]) comprising: one or a plurality of energy storage devices according to claim 1(electrochemical cell, [0075]-[0078]); but does not explicitly disclose a restraining member that restrains the one or the plurality of energy storage devices, wherein the one or the plurality of energy storage devices are pressed in a thickness direction of the electrode assembly by the restraining by the restraining member, whereby the electrode assembly is pressed.
Beaston teaches battery module and battery rack with enhanced fire safety features, and applications thereof(title). Beaston teaches the battery module includes an applied pressure assembly with integrated sensor that detects swelling of a battery cell(abstract, Fig. 1).
It would have been obvious to one of ordinary skill in the art to modify the energy storage device of Skotheim with a restraining member that restrains the one or the plurality of energy storage devices, wherein the one or the plurality of energy storage devices are pressed in a thickness direction of the electrode assembly by the restraining by the restraining member, whereby the electrode assembly is pressed as taught by Beaston as obvious to try choosing from a finite number of identified, predictable solutions, with a reasonable expectation of success. See MPEP 2143.
Allowable Subject Matter
13. Claim 3 is objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
In particular, the allowable limitation is the negative electrode further includes a lithium metal layer disposed between the first layer and the separator.
Skotheim does not disclose, teach or render obvious the negative electrode further includes a lithium metal layer disposed between the first layer and the separator.
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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