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 § 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 2 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 2 recites the limitation “the other side of the cell housing” in line 5. There is insufficient antecedent basis for this limitation in the claims. Thus, because a cell housing can have more than two sides, it is unclear what this limitation is referring to. For examination purposes, “the other side of the cell housing” in line 5 will be read as “an other side of the cell housing.”
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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Schiemann et al. (US 2013/0089761) (Schiemann) (of record).
Regarding claim 1, Schiemann discloses a hybrid battery cell (title; abstract) comprising: a first independent drive cell (1a, 1b, 1c) including a first positive electrode tab (6) and a first negative electrode tab (8d) (see Fig. 3; [0074]-[0076]); a second independent drive cell (2a, 2b) including a second positive electrode tab (7) and a second negative electrode tab (8e) (see Fig. 3; [0074]-[0076]); and a cell housing (9) surrounding the first (1a, 1b, 1c) and second (2a, 2b) independent drive cells (see Fig. 3; [0072]-[0073]; [0077]-[0078]), wherein the first (6) and second (7) positive electrode tabs and the first (8d) and second (8e) negative electrode tabs are configured to protrude from the cell housing (9) (see Figs. 3 and 4; [0075]-[0076]; [0078]). Schiemann further discloses that the first (1a, 1b, 1c) and second (2a, 2b) independent drive cells can be configured to be contacted independently from the outside through the protruding positive electrode terminals (6, 7) and the protruding negative electrode terminals (8d, 8e), wherein the first (1a, 1b, 1c) independent drive cell is capable of being switched on or off, depending on a load current ([0077]-[0078]). Therefore, since Schiemann suggests using the first (1a, 1b, 1c) and second (2a, 2b) independent drive cells independently depending on the load current, Schiemann clearly reads on the claimed limitation that the second independent drive cell is configured to be independently driven from the first independent drive cell. Thus, Schiemann reads on all of the limitations in claim 1.
Regarding claim 2, Schiemann discloses all of the limitations as set forth above for claim 1. Schiemann further discloses that the first positive electrode tab (6) and the first negative electrode tab (8d) are disposed on one side of the cell housing (9) (see Modified Figure 3 below; [0075]-[0078]), and the second positive electrode tab (7) and the second negative electrode tab (8e) are disposed on an other side of the cell housing (9) (see Modified Figure 3 below; [0075]-[0078]).
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Modified Figure 3, Schiemann
Regarding claim 3, Schiemann discloses all of the limitations as set forth above for claim 1. Schiemann further discloses that the first (1a, 1b, 1c) and second (2a, 2b) independent drive cells can have electrode active materials being different from each other ([0050]; [0054]; [0085]).
Regarding claim 4, Schiemann discloses all of the limitations as set forth above for claim 1. Schiemann further discloses that the first (1a, 1b, 1c) and second (2a, 2b) independent drive cells can have electrode active materials being the same as each other ([0048]). Schiemann further discloses that the first (1a, 1b, 1c) and second (2a, 2b) independent drive cells can have different amounts of the electrode active material and different thicknesses of the active material (see Fig. 3; [0009]-[0011]; [0018]; [0023]; [0066]; [0074]), reading on the limitation that the first and second independent drive cells have a loading amount of the electrode active material being different from each other.
Regarding claims 5 and 6, Schiemann discloses all of the limitations as set forth above for claim 1. Schiemann further discloses that the first independent drive cell (1a, 1b, 1c) is configured to have a lower output power than the second independent drive cell (2a, 2b) (abstract; [0018]-[0019]; [0040]; [0074]-[0076]), reading on the limitations requiring that the first independent drive cell be driven with a first output power less than a second output power driving the second independent drive cell.
Regarding claim 7, Schiemann discloses all of the limitations as set forth above for claim 1. Schiemann further discloses that the first (1a, 1b, 1c) and second (2a, 2b) independent drive cells are laminated and disposed within the cell housing (9) (see Fig. 3; [0069]-[0070]; [0074]-[0078]).
Regarding claim 8, Schiemann discloses all of the limitations as set forth above for claim 1. Schiemann further discloses that the first independent drive cell (1a, 1b, 1c) comprises a plurality of first positive electrode plates (3a), a plurality of first negative electrode plates (4a), and a plurality of separators (5a) (see Fig. 3; [0066]; [0070]; [0074]), wherein the plurality of first positive electrode plates (3a) are electrically connected to the first positive electrode tab (6), the plurality of first negative electrode plates (4a) are electrically connected to the first negative electrode tab (8d), and the plurality of separators (5a) are disposed between respective ones of the plurality of first positive electrode plates (3a) and the plurality of first negative electrode plates (4a) (see Fig. 3; [0074]-[0076]; [0066]; [0070]), and the second independent drive cell (2a, 2b) comprises a plurality of second positive electrode plates (3b), a plurality of second negative electrode plates (4b), and the plurality of separators (5b) (see Fig. 3; [0066]; [0070]; [0074]), wherein the plurality of second positive electrode plates (3b) are electrically connected to the second positive electrode tab (7), the plurality of second negative electrode plates (4b) are electrically connected to the second negative electrode tab (8e), and the plurality of separators (5b) are disposed between respective ones of the plurality of second positive electrode plates (3b) and the plurality of second negative electrode plates (4b) (see Fig. 3; [0074]-[0076]; [0066]; [0070]).
Claim Rejections - 35 USC § 103
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.
Claims 1-2, 5-9, 11-12, and 14-16 are rejected under 35 U.S.C. 103 as being unpatentable over Han (KR 20200092672 with English Machine Translation) in view of Schiemann et al. (US 2013/0089761) (Schiemann) (of record).
Regarding claim 1, Han discloses a hybrid battery cell (title) comprising: a first independent drive cell (122) including a first positive electrode tab (142a) and a first negative electrode tab (142b) (see Fig. 1; [0032]-[0033]); a second independent drive cell (121) including a second positive electrode tab (141a) and a second negative electrode tab (141b) (see Fig. 1; [0032]-[0033]); and a cell housing (110) surrounding the first (122) and second (121) independent drive cells (see Fig. 1; [0032]), wherein the first (142a) and second (141a) positive electrode tabs and the first (142b) and second (141b) negative electrode tabs are configured to protrude from the cell housing (110), respectively (see Fig. 1; [0032]; [0044]). Han further discloses that the second independent drive cell (121) can have a higher power output than the first independent drive cell (122) ([0035]-[0038]). Han fails to explicitly disclose, however, that the second independent drive cell (121) is configured to be independently driven from the first independent drive cell (122).
Schiemann teaches a similar hybrid battery cell (title; abstract) comprising: a first independent drive cell (1a, 1b, 1c) including a first positive electrode tab (6) and a first negative electrode tab (8d) (see Fig. 3; [0074]-[0076]); a second independent drive cell (2a, 2b) including a second positive electrode tab (7) and a second negative electrode tab (8e) (see Fig. 3; [0074]-[0076]); and a cell housing (9) surrounding the first (1a, 1b, 1c) and second (2a, 2b) independent drive cells (see Fig. 3; [0072]-[0073]; [0077]-[0078]). Schiemann further teaches that the second independent drive cell (2a, 2b) is configured to have a higher output power than the first independent drive cell (1a, 1b, 1c) (abstract; [0018]-[0019]; [0040]; [0074]-[0076]). Schiemann further teaches that the first (1a, 1b, 1c) and second (2a, 2b) independent drive cells can be configured to be contacted independently from the outside through the protruding positive electrode terminals (6, 7) and the protruding negative electrode terminals (8d, 8e), wherein the first (1a, 1b, 1c) independent drive cell is capable of being switched on or off, depending on a load current ([0077]-[0078]), suggesting the limitation that the second independent drive cell is configured to be independently driven from the first independent drive cell. Schiemann further teaches that configuring the first (1a, 1b, 1c) and second (2a, 2b) independent drive cells to be driven independently allows the lifetime of the overall system to be prolonged ([0049]; [0077]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have configured the second independent drive cell disclosed by Han to be independently driven from the first independent drive cell, as taught by Schiemann, because they would have had a reasonable expectation that doing so would prolong the lifetime of the overall system.
Regarding claim 2, modified Han discloses all of the limitations as set forth above for claim 1. Modified Han further discloses that the first positive electrode tab (Han: 142a) and the first negative electrode tab (Han: 142b) are disposed on one side of the cell housing (Han: 110) (see Modified Figure 1 below; [0032]; [0044]), and the second positive electrode tab (Han: 141a) and the second negative electrode tab (Han: 141b) are disposed on an other side of the cell housing (Han: 110) (see Modified Figure 1 below; [0032]; [0044]).
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Modified Figure 1, Han
Regarding claims 5 and 6, modified Han discloses all of the limitations as set forth above for claim 1. Modified Han further discloses that the independent drive cells (Han: 121, 122) can have mutually different electrochemical characteristics, wherein the second independent drive cell (Han: 121) can have a higher power output than the first independent drive cell (Han: 122) (Han: [0035]-[0038]), suggesting the limitations requiring that the first independent drive cell be driven with a first output power less than a second output power driving the second independent drive cell.
Regarding claim 7, modified Han discloses all of the limitations as set forth above for claim 1. Modified Han further discloses that the first (Han: 122) and second (Han: 121) independent drive cells are laminated and disposed within the cell housing (Han: 110) (Han: see Fig. 1; [0032]; [0040]).
Regarding claim 8, modified Han discloses all of the limitations as set forth above for claim 1. Modified Han further discloses that the first independent drive cell (Han: 122) comprises a plurality of first positive electrode plates, a plurality of first negative electrode plates, and a plurality of separators (Han: see Fig. 1; [0040]-[0043]; [0032]), wherein the plurality of first positive electrode plates are electrically connected to the first positive electrode tab (Han: 142a), the plurality of first negative electrode plates are electrically connected to the first negative electrode tab (Han: 142b), and the plurality of separators are disposed between respective ones of the plurality of first positive electrode plates and the plurality of negative electrode plates (Han: [0040]-[0043]), and the second independent drive cell (Han: 121) comprises a plurality of second positive electrode plates, a plurality of second negative electrode plates, and the plurality of separators (Han: see Fig. 1; [0040]-[0043]; [0032]), wherein the plurality of second positive electrode plates are electrically connected to the second positive electrode tab (Han: 141a), the plurality of second negative electrode plates are electrically connected to the second negative electrode tab (Han: 141b), and the plurality of separators are disposed between respective ones of the plurality of second positive electrode plates and the plurality of second negative electrode plates (Han: [0040]-[0043]).
Regarding claim 9, modified Han discloses a hybrid battery module (Han: 20) comprising a plurality of hybrid battery cells (Han: 10) according to claim 1 (Han: see Fig. 6; [0060]-[0061]).
Regarding claim 11, modified Han discloses all of the limitations as set forth above for claim 9. Modified Han further discloses that in two adjacent hybrid battery cells (Han: 10), a plurality of first independent drive cells (Han: 122) can be connected in series, and a plurality of second independent drive cells (Han: 121) can be connected in series (Han: see Fig. 6; [0065]).
Regarding claim 12, modified Han discloses all of the limitations as set forth above for claim 9. Modified Han further discloses that in two adjacent hybrid battery cells (Han: 10), a plurality of first independent drive cells (Han: 122) can be connected in parallel, and a plurality of second independent drive cells (Han: 121) can be connected in parallel (Han: see Fig. 6; [0062]-[0063]).
Regarding claims 14 and 15, modified Han discloses all of the limitations as set forth above for claim 9. Modified Han further discloses that the independent drive cells (Han: 121, 122) can have mutually different electrochemical characteristics, wherein the second independent drive cell (Han: 121) can have a higher power output than the first independent drive cell (Han: 122) (Han: [0035]-[0038]), suggesting the limitations requiring that the first independent drive cell be driven with a lower power than that of the second independent drive cell and that the second independent drive cell be driven with a higher output power than that of the first independent drive cell.
Regarding claim 16, modified Han discloses all of the limitations as set forth above for claim 9. Modified Han further discloses that the plurality of independent drive cells (Han: 121, 122) can be connected in parallel (Han: see Fig. 6; [0062]-[0063]).
Claims 3-4, 10, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Han (KR 20200092672 with English Machine Translation) in view of Schiemann et al. (US 2013/0089761) (Schiemann) (of record) as applied to claims 1 and 9 above, and further in view of Park et al. (US 2021/0143501) (Park).
Regarding claim 3, modified Han discloses all of the limitations as set forth above for claim 1. Modified Han further discloses that the first independent drive cell (Han: 122) and the second independent drive cell (Han: 121) are configured to have different electrochemical characteristics (Han: [0038]-[0039]), wherein the second independent drive cell (Han: 121) can have a higher power output than the first independent drive cell (Han: 122) (Han: [0035]-[0038]). Modified Han fails to explicitly disclose, however, that the first (Han: 122) and second (Han: 121) independent drive cells have electrode active materials being different from each other.
Park teaches a similar hybrid battery cell (title) comprising: a first independent drive cell (120) and a second independent drive cell (130), wherein the first independent drive cell (120) is configured to have different power outputs (see Fig. 1; [0023]-[0025]). Park further teaches that the different power outputs of the cells (120, 130) can be achieved by using different electrode active materials for each cell (120, 130) ([0024]; [0027]-[0033]; see also Figs. 2 and 3). Park further teaches that using different electrode active materials for the different cells (120, 130) can lead to improved cycle life compared to similar battery cells formed from a single kind of electrode active material ([0033]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have configured the first and second independent drive cells disclosed by modified Han to have mutually different electrode active materials, as taught by Park, because they would have had a reasonable expectation of success in achieving a desired power output differential and improved cycle life.
Regarding claim 4, modified Han discloses all of the limitations as set forth above for claim 1. Modified Han further discloses that the first independent drive cell (Han: 122) and the second independent drive cell (Han: 121) are configured to have different electrochemical characteristics (Han: [0038]-[0039]), wherein the second independent drive cell (Han: 121) can have a higher power output than the first independent drive cell (Han: 122) (Han: [0035]-[0038]). Modified Han fails to explicitly disclose, however, that the first (Han: 122) and second (Han: 121) independent drive cells have electrode active materials being the same as each other, and each of the first (Han: 122) and second (Han: 121) independent drive cells have a loading amount of the electrode active material being different from each other.
Park teaches a similar hybrid battery cell (title) comprising: a first independent drive cell (120) and a second independent drive cell (130), wherein the first independent drive cell (120) is configured to have different power outputs (see Fig. 1; [0023]-[0025]). Park further teaches that the cells (120, 130) can have the same electrode active material, wherein the different power outputs of the cells (120, 130) is achieved through having different loading amounts of the electrode active material ([0024]; [0034]-[0042]; see also Fig. 5). Park further teaches that using the same electrode active material for the different cells (120, 130) has the advantage of a simplified design ([0040]; [0037]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have configured the first and second independent drive cells disclosed by modified Han to have the same electrode active material with different loading amounts of the active material, as taught by Park, because they would have had a reasonable expectation of success in achieving a desired power output differential and a simplified design.
Regarding claim 10, modified Han discloses all of the limitations as set forth above for claim 9. Modified Han further discloses that the plurality of hybrid battery cells (Han: 10) includes a plurality of independent drive cells (Han: 121, 122) adjacently laminated along a stacking direction of the plurality of hybrid battery cells (Han: 10) (Han: see Fig. 6; [0032]; [0040]; [0061]), wherein the plurality of independent drive cells (Han: 121, 122) can be connected in series (Han: see Fig. 6; [0065]). Modified Han further discloses that the independent drive cells (Han: 121, 122) are configured to have different electrochemical characteristics (Han: [0038]-[0039]), wherein one independent drive cell (Han: 121) can have a higher power output than the other (Han: 122) (Han: [0035]-[0038]). Modified Han fails to explicitly disclose, however, that the plurality of independent drive cells (Han: 121, 122) have the same electrode active material.
Park teaches a similar hybrid battery cell (title) comprising: a first independent drive cell (120) and a second independent drive cell (130), wherein the first independent drive cell (120) is configured to have different power outputs (see Fig. 1; [0023]-[0025]). Park further teaches that the cells (120, 130) can have the same electrode active material, wherein the different power outputs of the cells (120, 130) is achieved through having different loading amounts of the electrode active material ([0024]; [0034]-[0042]; see also Fig. 5). Park further teaches that using the same electrode active material for the different cells (120, 130) has the advantage of a simplified design ([0040]; [0037]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have configured the plurality independent drive cells disclosed by modified Han to have the same electrode active material with different loading amounts of the active material, as taught by Park, because they would have had a reasonable expectation of success in achieving a desired power output differential and a simplified design.
Regarding claim 13, modified Han discloses all of the limitations as set forth above for claim 9. Modified Han further discloses that the plurality of hybrid battery cells (Han: 10) includes a plurality of independent drive cells (Han: 121, 122) adjacently laminated along a stacking direction of the plurality of hybrid battery cells (Han: 10) (Han: see Fig. 6; [0032]; [0040]; [0061]). Modified Han further discloses that the independent drive cells (Han: 121, 122) are configured to have different electrochemical characteristics (Han: [0038]-[0039]), wherein one independent drive cell (Han: 121) can have a higher power output than the other (Han: 122) (Han: [0035]-[0038]). Modified Han fails to explicitly disclose, however, that the plurality of independent drive cells (Han: 121, 122) have mutually different electrode active materials.
Park teaches a similar hybrid battery cell (title) comprising: a first independent drive cell (120) and a second independent drive cell (130), wherein the first independent drive cell (120) is configured to have different power outputs (see Fig. 1; [0023]-[0025]). Park further teaches that the different power outputs of the cells (120, 130) can be achieved by using different electrode active materials for each cell (120, 130) ([0024]; [0027]-[0033]; see also Figs. 2 and 3). Park further teaches that using different electrode active materials for the different cells (120, 130) can lead to improved cycle life compared to similar battery cells formed from a single kind of electrode active material ([0033]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have configured the plurality of independent drive cells disclosed by modified Han to have mutually different electrode active materials, as taught by Park, because they would have had a reasonable expectation of success in achieving a desired power output differential and improved cycle life.
Conclusion
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/B.C.D./Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
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