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 applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d)
with a filing date of 08/25/2022. The certified copy of KR10-2022-0106846 has been filed in the present
application, received on 05/01/2024.
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.
Claim(s) 1 and 6 – 11 are rejected under 35 U.S.C. 103 as being unpatentable over Xuxin (CN216528955U, cited in IDS filed 05/26/2026 IDS, Machine translation provided) in view of (Koch (US 10418622 B2, cited in 06/30/2025 IDS – US PG Pub. version: US20190126770A1 used for citation purposes).
Regarding Claim 1, Xuxin discloses a secondary battery provided as a three-electrode battery (Figs. 1 – 4; [0025]) equipped with a reference electrode (Figs. 1 – 4, 50; [0025 – 0026]) and the reference electrode of the three-electrode battery is provided in a film shape in which a plurality of perforated holes are formed, that is Xuxin teaches a reference electrode formed from a copper foil that includes a lithium replenishment part 51 which includes a plurality of uniformly arranged through holes 513 penetrating the foil and lithium metal layer that form the part (Figs. 4 – 6; [0026];[0028]).
Xuxin does not explicitly disclose a power supply device comprising: a battery module provided with a plurality of the secondary batteries and a battery management system (BMS) unit configured to control the battery module, and wherein at least one of the plurality of secondary batteries is provided as the three-electrode battery.
Koch teaches a vehicle with a traction battery 82 {i.e. a power supply device} including a plurality of battery modules and each individual battery module may be typified by a single rechargeable battery cell assembly, an example of which is designated generally 100 in FIG. 2, or multiple battery cell assemblies 100 (e.g., 20-30) that are stacked and connected in parallel or series for storing and supplying electrical energy (Fig. 1; [0025 – 0026]). Each unit cell of the cell assemblies is taught to be composed of a first working (anode) electrode 122 layer, a second working (cathode) electrode 124 layer, and a series of separator sheets 126 interleaved between the anode layer 122, cathode layer 124, and the major sides 112, 114 of pouch 110 of the battery cell (Fig. 2; [0027]). Koch battery cell units are also taught to include a reference electrode for measuring the voltage of the cathode electrode 124 and anode electrode 122 ([0029]). The reference electrode taught by Koch includes a lithium intercalation part {i.e. intercalation electrode 142}, an electrical track {i.e. 136}, and an electrical lead {i.e. 134} (Fig. 2; [0032]).
Since Xuxin also teaches a three-electrode battery cell assembly including a reference electrode with a similar structure {i.e. includes a lithium replenishment part which corresponds to Koch’s lithium intercalation electrode part, a tab, and a region without the lithium intercalation material which would corresponds to the track of Koch’s reference electrode assembly} , it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to incorporate the batteries as taught by Xuxin in a traction battery system such as the one taught by Koch, with a reasonable expectation of success implementing the batteries in a suitable application and further obtaining a functioning the traction battery with enhanced fast-charge capability (Koch: [0007 – 00009])
By being incorporated in a traction battery system as taught by Koch, modified Xuxin provides the claimed structure of a power supply device (Koch: traction battery 82, Fig. 1; [0009];[0025]) comprising a battery module (Koch: Fig. 1, 84; [0009 – 0010];[0025]) with a plurality of secondary batteries (Koch: [0026]); and a battery management system configured to control the battery module (Koch: [0025 – 0026];[0033]).
Furthermore, as Xuxin’s three-electrode battery cells makes up the secondary batteries included the battery modules of the traction battery, in modified Xuxin, as established above, at least one of the plurality of secondary batteries (Koch: Fig. 2; [0025 – 0027];[0029]) is provided as a three-electrode battery equipped with a reference electrode (Koch: Fig. 2; [0029] and Xuxin: Figs. 1 and 3; [0025 – 0026]).
Regarding Claim 6, modified Koch discloses all limitation as set forth above. Xuxin further discloses wherein the reference electrode comprises a foil member forming body (Fig. 4; [0007 – 0008];[0026]); and a reference electrode active material coated on the foil member (Refer to lithium metal plating layer 57 portion of the reference electrode in Fig. 4; [0026]).
Regarding Claim 7, modified Koch discloses all limitation as set forth above. Xuxin further discloses wherein a material of the foil member is copper foil ([0050]), which is within the scope of comprising at least one of Cu-foil and Al-foil.
Regarding Claim 8, modified Xuxin discloses all limitation as set forth above. Xuxin further discloses wherein the reference electrode active material is lithium metal {i.e. material of lithium plating layer} ([0026]), which is within the claimed selection of LTO (Li5.5Ti5O12), LFP (LiFePO4), Li metal and combinations thereof.
Regarding Claim 9, modified Xuxin discloses all limitation as set forth above. By being incorporated in the traction battery system as taught by Koch, modified Xuxin further includes the claimed structure of: a first voltage measuring unit configured to measure a voltage between the reference positive/negative electrode, that is Koch teaches obtaining measurements of voltage from the positive electrode and negative electrode to the reference electrode and thus would necessarily and inherently be expected to include a unit to do so (Koch: [0038];[0043]) and a second voltage measuring unit configured to measure a voltage between the first electrode and the second electrode, that is Koch teaches obtaining measurements of voltage from the negative electrode and positive electrode and thus would necessarily and inherently be expected to include a unit to do so (Koch: [0038];[0043]),
Furthermore, since the measured voltage values of modified Xuxin are used to generate a State of Charge value for the BMS, in modified Xuxin, the measured values of the first volage measuring unit and second voltage measuring unit are necessarily transferred to the BMS {i.e. transferred via the SoC value} (Koch; Fig. 4; [0033 – 0034];[0046]).
Regarding Claims 10 and 11, modified Xuxin discloses all limitation as set forth above. By being incorporated in the traction battery system as taught by Koch, modified Xuxin further includes the claimed structure of: a first voltage measuring unit configured to measure a voltage between the reference positive/negative electrode, that is Koch teaches obtaining measurements of voltage from the positive electrode and negative electrode to the reference electrode and thus would necessarily and inherently be expected to include a unit to do so (Koch: [0038];[0043])
Modified Xuxin does not explicitly disclose a second voltage monitoring unit configured to measure a voltage of the battery module (Claim 10).
Koch; however, further teaches that the voltage of the cell may be monitored as an independent check and as a factor in determining, for example, when a battery cell is fully recharged and when to reset the reference ([0038]).
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to modify the traction battery system of modified Xuxin to include a second voltage measuring unit configured to measure the voltage of the battery module, with a reasonable expectation of success in and in the interest of providing the system with a means for determining when a battery cell is fully recharged and when to reset the reference (Koch: [0038]).
Furthermore, as Koch teaches using the measured voltage signals to generate a State of Charge value for the BMS, in modified Xuxin, the measured values of the first volage measuring unit and second voltage measuring unit would necessarily transfer to the BMS {i.e. transferred via the SoC value} (Koch; Fig. 4; [0033 – 0034];[0046]) (Claim 10 cont.) .
By being incorporated in the traction battery system as taught by Koch, modified Xuxin further provides the claimed power supply device wherein a plurality of the battery modules are provided (Koch: Fig. 1; [0025];[0042]) and each of the plurality of battery modules provided with the at least one three-electrode battery (Koch: [0025 – 0027];[0029]) (Claim 11).
Furthermore, as established above, since each battery module of modified Xuxin includes a three-electrode battery for measuring a voltage between the reference positive/negative electrode (Koch: [0038];[0042 – 0043]) and a second voltage unit for measuring the battery module voltage (See rejection of claim 10 above and Koch: [0038];[0043]), modified Xuxin’s power supply device {i.e. traction battery} would necessarily further include a plurality of first voltage measuring units and a plurality of second voltage measuring units, and each of the plurality of battery modules is provided with at least one of the first voltage measuring units and at least one of the second voltage measuring units (Claim 11 cont.).
Claim(s) 2 is rejected under 35 U.S.C. 103 as being unpatentable over Xuxin (CN216528955U) and Koch (US 10418622 B2, US PG Pub. version: US20190126770A1 used for citation purposes), as applied to claim 1 above, and further in view of Wijayawardhana (US PG Pub. 2013/0323542 A1, cited in 10/13/2025 IDS) and Jung (KR20190061297A, Machine translation provided).
Regarding Claim 2, modified Xuxin discloses all limitation as set forth above. Xuxin further discloses wherein the three-electrode battery comprises: a main separator (second separator 73, Fig. 3; [0025 – 0026]); the reference electrode 50 in the film shape stacked on one side surface of the main separator (refer to side surface in which reference electrode 50 is included on second separator 73}; an auxiliary separator (first separator 71, Fig. 3; [0025 – 0026]) stacked on the one side surface of the main separator {i.e. 73} with the reference electrode {i.e. 50} interposed therebetween (Refer to position of first separator 71 in the electrode assembly stack shown in Fig. 3) .
As established above, the battery as taught in Xuxin is included in the traction battery system taught by Koch; therefore, the batteries of modified Xuxin would necessarily further include a battery a case in which the main separator, reference electrode, the auxiliary separator are accommodated in an inner space, that is the battery cell assemblies of Koch are taught to be housed in pouches (Koch: [0027];[0029]).
Xuxin further teaches ensuing that the lithium plating layer of the reference electrode is uniform and that the amount of lithium plating is sufficient and not easily consumed ([0027];[0029]). One with ordinary skill in the art would appreciate the lithium plating layer thickness to at least partially be affected by the lithium plating amount.
Modified Xuxin does not explicitly disclose the thickness of the reference electrode, and therefore, does not explicitly disclose the reference electrode provided with a thickness of 45 µm to 120 µm.
Wijayawardhana, also directed to electrochemical cells including reference electrodes, teaches freely selecting the thickness of the reference electrode and further having the thickness usually be within the range of 80 – 500 µm ([0001];[0023]).
Jung, also directed to a three-electrode battery cells for measuring the operating potential difference of a secondary battery, teaches a reference electrode structure including a metal foil current collector and further a portion where the metal foil current collector is coated with a reference electrode material ([0030];[0032 – 0033]). Jung further teaches controlling the thickness of the current collector of the reference electrode to be within the range of 100 µm ([0048]). Increasing the thickness of the reference electrode current collector is taught to increase the internal resistance of the cell and deteriorate overvoltage performance of the cell ([0048]), as such Jung suggests increasing the overall thickness of the reference electrode can negative impact internal resistance and overvoltage performance of the cell.
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention to select a thickness for the reference electrode of Xuxin within the range taught by Wijayawardhana, which overlaps the claimed range, and further select a thickness within the overlapping portion of the taught range and the claimed range, in order to obtain a reference electrode with a suitable current collector thickness and sufficient amount of lithium plating material while also minimizing internal resistance of the cell and preventing deterioration of overvoltage performance of the cell, with a reasonable expectation of success and without undue experimentation [MPEP2144.05(I) and (II)].
Claim(s) 3 – 5 are rejected under 35 U.S.C. 103 as being unpatentable over Xuxin (CN216528955U), Koch (US 10418622 B2, US PG Pub. version: US20190126770A1 used for citation purposes), Wijayawardhana (US PG Pub. 2013/0323542 A1) and Jung (KR20190061297A, Machine translation provided), as applied to claim 2 above, and further in view of Sakamoto (US 6,447,957 B1).
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Annotated Fig. 3 from Xuxin showing corresponding first and second area.
Regarding Claim 3, modified Xuxin discloses all limitation as set forth above. Xuxin further discloses wherein the reference electrode comprises a first area facing the first electrode or second electrode (Refer corresponding first area shown in annotated Fig. 3 above); and a second area protruding from one side of the first electrode or second electrode (Refer to corresponding second area shown in annotated Fig. 3 above), and wherein the plurality of perforated holes are formed in the first area (Refer to how lithium replenishment part 51 which includes a plurality of uniformly arranged through holes 513 is included in the corresponding first area shown in annotated Fig. 3 above and [0026];[0028]).
The lithium replenishment part 51 which includes a plurality of uniformly arranged through holes 513, as shown in Figs. 3 – 4 of Xuxin, is only included on a portion of the corresponding first area (Refer to annotated Fig. 3 above also). As such, Xuxin suggests an open ratio formed by the plurality of perforated holes in the first area {i.e. Further defined in [85] of the instant specification to be a total area of the plurality of perforated holes of the first area} of less than 100% which encompasses the claimed range of 30 – 70%.
Xuxin further teaches controlling the porosity of the lithium replenishment section 51 α, which one with ordinary skill in the art would relate to the area in which the holes are include on the collector, to be 50%≤α≤70% for the purpose of ensuring that the amount of lithium plating is sufficient and not easily consumed while also ensuring that the conductivity of the copper foil is not negatively affected ([0027]).
Sakamoto teaches a collector for secondary battery including a metal foil having through holes and further teaches controlling the hole area ratio of the current collector to be within the range of at least 40% in order to allow the active material of the electrode to be efficiently applied (Col. 1, lines 66 – 67; Col. 2, lines 1 – 3; and Col. 5, lines 8 – 14). Sakamoto further teaches that the presence of through holes, and thus the hole area ratio can also reduce the tensile strength collector (Col. Col. 8, lines 62 – 67; and Col. 9, lines 1 – 7).
Since the reference electrode of Xuxin is also a metal foil with through holes ([0028]), it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to select a an open ratio within the overlapping portion of the range suggested by Xuxin and the claimed range, in order to optimize the amount of the lithium metal plating layer without negatively impacting the conductivity and tensile strength of the current collector with a reasonable with a reasonable expectation of success and without undue experimentation [MPEP2144.05(I) and (II)].
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Annotated Fig. 3 from Xuxin showing corresponding first and second area.
Regarding Claim 4, modified Xuxin discloses all limitation as set forth above. Xuxin further discloses wherein the three-electrode battery further comprises a reference electrode lead (metal tab 55; Figs. 1 and 3 – 4; [0026 – 0027]) having one end fused to the second area of the reference electrode (Refer to how welding area 533 is included in the second area shown in annotated Fig. 3 above and [0027]).
By being included in a pouch as taught by Koch (Refer to rejection of claim 2 above and Koch; [0027];[0029]), modified Xuxin further provides the claimed other end of the reference electrode lead. That is Fig. 2 in Koch which shows the tab of the reference electrode sticking out of the battery case {i.e. pouch 110} and Xuxin explicitly teaches the tabs of the electrodes of the battery cell being exposed (Xuxin: Fig. 1; [0026]).
Regarding Claim 5, modified Xuxin discloses all limitation as set forth above. As shown by annotated Fig. 3 below and further Figs. 1 and 4 of Xuxin, the corresponding first area of the reference electrode in Xuxin is significantly less than the area of the electrodes. Therefore, Xuxin further appears to disclose an area of the first area within or at least overlapping the claimed range of 1 – 10% of an area of the first electrode or the second electrode.
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Annotated Fig. 3 from Xuxin showing corresponding first and second area.
Jung, further discloses controlling the area of the reference electrode that matches the working electrode to be within the range of 1 – 5% of the working electrode area in order to prevent the reference electrode from hindering the movement of current between the working electrode and the counter electrode the battery cell ([0034]).
Therefore, it would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention to control the first area of the reference electrode in Xuxin to have an area that is within the range taught by Jung, and thus within the claimed range, with a reasonable expectation of success in ensuring that the reference electrode does not hinder the movement of current between the working electrode and the counter electrode the battery cell.
Double Patenting
The nonstatutory double patenting rejection is based on a judicially created doctrine grounded in public policy (a policy reflected in the statute) so as to prevent the unjustified or improper timewise extension of the “right to exclude” granted by a patent and to prevent possible harassment by multiple assignees. A nonstatutory double patenting rejection is appropriate where the conflicting claims are not identical, but at least one examined application claim is not patentably distinct from the reference claim(s) because the examined application claim is either anticipated by, or would have been obvious over, the reference claim(s). See, e.g., In re Berg, 140 F.3d 1428, 46 USPQ2d 1226 (Fed. Cir. 1998); In re Goodman, 11 F.3d 1046, 29 USPQ2d 2010 (Fed. Cir. 1993); In re Longi, 759 F.2d 887, 225 USPQ 645 (Fed. Cir. 1985); In re Van Ornum, 686 F.2d 937, 214 USPQ 761 (CCPA 1982); In re Vogel, 422 F.2d 438, 164 USPQ 619 (CCPA 1970); In re Thorington, 418 F.2d 528, 163 USPQ 644 (CCPA 1969).
A timely filed terminal disclaimer in compliance with 37 CFR 1.321(c) or 1.321(d) may be used to overcome an actual or provisional rejection based on nonstatutory double patenting provided the reference application or patent either is shown to be commonly owned with the examined application, or claims an invention made as a result of activities undertaken within the scope of a joint research agreement. See MPEP § 717.02 for applications subject to examination under the first inventor to file provisions of the AIA as explained in MPEP § 2159. See MPEP § 2146 et seq. for applications not subject to examination under the first inventor to file provisions of the AIA . A terminal disclaimer must be signed in compliance with 37 CFR 1.321(b).
The filing of a terminal disclaimer by itself is not a complete reply to a nonstatutory double patenting (NSDP) rejection. A complete reply requires that the terminal disclaimer be accompanied by a reply requesting reconsideration of the prior Office action. Even where the NSDP rejection is provisional the reply must be complete. See MPEP § 804, subsection I.B.1. For a reply to a non-final Office action, see 37 CFR 1.111(a). For a reply to final Office action, see 37 CFR 1.113(c). A request for reconsideration while not provided for in 37 CFR 1.113(c) may be filed after final for consideration. See MPEP §§ 706.07(e) and 714.13.
The USPTO Internet website contains terminal disclaimer forms which may be used. Please visit www.uspto.gov/patent/patents-forms. The actual filing date of the application in which the form is filed determines what form (e.g., PTO/SB/25, PTO/SB/26, PTO/AIA /25, or PTO/AIA /26) should be used. A web-based eTerminal Disclaimer may be filled out completely online using web-screens. An eTerminal Disclaimer that meets all requirements is auto-processed and approved immediately upon submission. For more information about eTerminal Disclaimers, refer to www.uspto.gov/patents/apply/applying-online/eterminal-disclaimer.
Claims 1 – 4 and 7 – 8 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1 – 5 and 7 – 9 of U.S. Patent No. 18/288,561 in view of
Specifically, claims 1 – 5 and 7 – 9 of the co-pending application includes or encompasses all limitations of instant claims 1 – 4 and 7 – 8 besides reciting a power supply device comprising a battery module provided with a plurality of secondary batteries wherein at least one of the plurality of secondary batteries is the three-electrode battery and a battery management system configured to control the battery module.
Koch teaches a vehicle with a traction battery 82 {i.e. a power supply device} including a plurality of battery modules and each individual battery module may be typified by a single rechargeable battery cell assembly, an example of which is designated generally 100 in FIG. 2, or multiple battery cell assemblies 100 (e.g., 20-30) that are stacked and connected in parallel or series for storing and supplying electrical energy (Fig. 1; [0025 – 0026]). Koch further teaches applying at least one three-electrode battery assembly in the battery modules of the traction battery ([0027];[0029]).
The co-pending application and Koch are analogous prior art due to pertaining to the same field of endeavor {i.e. lithium ion batteries including a reference electrode}.
It would have been obvious to one with ordinary skill in the art, before the effective filing date of the claimed invention, to routinely incorporate the three-electrode battery of the co-pending application in a traction assembly as taught by Koch, and thus obtain the invention of the instant application, with a reasonable expectation of success in implementing the battery in a suitable application and further obtaining a functioning traction battery with enhanced fast-charge capability (Koch: [0007 – 00009]).
This is a provisional nonstatutory double patenting rejection because the patentably indistinct claims have not been patented.
Conclusion
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/A.Y.O./Examiner, Art Unit 1751
/Haroon S. Sheikh/Primary Examiner, Art Unit 1751
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