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 .
The Applicant has amended independent claim 1; and withdrew claims 9-15. The pending claims are claims 1, 7, 8.
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
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.
Claim(s) 1, 7, 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Rho et al., CN 106605313 (Rho et al., US 20170288258 used as translation), in view of Fukumoto et al., JP 2014154447, Ju Qun et al., CN 105304906, in further view of Mesuda et al., JP WO 2014051067.
Regarding claim 1, Rho et al., teaches a method for manufacturing a flexible battery (0001; 0014-0015), wherein flexible battery comprises an electrode assembly (abstract) encapsulated by an exterior material (abstract; 0011) with an electrolyte (abstract; 0016), comprising manufacturing the electrode assembly by a method comprising the steps of: forming a positive electrode mixture (0022; 0069-0071) by coating (0022) and drying a composition for forming a positive electrode active material having a solid content of 60 to 90% by weight and on part or all of at least one surface of a positive electrode current collector (0127-0129); vacuum drying the positive electrode current collector at a temperature of 90 to 170 deg C for 8 to 16 hours to manufacture a positive electrode (0070-0073); forming a negative electrode mixture by coating and drying a composition for forming a negative electrode active material having a solid content of 30 to 65% by weight and on part or all of at least one surface of a negative electrode current collector (0070-0073); drying the negative electrode current collector to manufacture a negative electrode (0022; 0069-0073) ; and laminating by interposing a separator between the positive electrode and the negative electrode (0022). Rho et al., teaches vacuum drying of the negative electrode current collector is performed at a temperature of 40 to 90C (0135) for 12 hours (0135). Rho et al., teaches the composition for forming the negative electrode active material comprises 3.5 to 8 parts by weight of PVDF (0024; 0048; 0058) based on 100 parts by weight of the negative electrode material.
Rho does not teach the positive electrode active material coated on part or all of the at least one surface of the positive electrode current collector has a moisture content of 500 ppm or less.
However, "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Rho et al., does not teach wherein the positive electrode mixture has a back spring calculated according to Mathematical Formula 1 below of 3.5% or less, wherein the negative electrode mixture has a back spring calculated according to Mathematical Formula 2 below of 4.5% or less: [Mathematical Formula 1] Back spring (%) = ((layer thickness of a positive electrode mixture after vacuum drying (pm) / layer thickness of a positive electrode mixture before vacuum drying (um))- 1) x 100(%) [Mathematical Formula 2] Back spring (%) = ((layer thickness of a negative electrode mixture after vacuum drying (um) / layer thickness of a negative electrode mixture before vacuum drying (um))-1) x 100(%).
Fukumoto does not teach a viscosity of 7000 to 17,000 cps at 25 deg C and a viscosity of 5000 to 15,000 cps at 25 deg C.
However, A prima facie case of obviousness may be made when chemical compounds have very close structural similarities and similar utilities. "An obviousness rejection based on similarity in chemical structure and function entails the motivation of one skilled in the art to make a claimed compound, in the expectation that compounds similar in structure will have similar properties." In re Payne, 606 F.2d 303, 313, 203 USPQ 245, 254 (CCPA 1979). See In re Papesch, 315 F.2d 381, 137 USPQ 43 (CCPA 1963).
Fukumoto et al., teaches the positive electrode mixture has a back spring (0067) of “within about 4%” (0082) which overlaps with claim 1 (“below of 4.5% or less”) (0082).
In addition, Fukumoto et al., teaches PVDF based on 100 parts by weight of a positive electrode material (0011; 0024).
Thus, one of ordinary skill in the art would be motivated to insert the teachings of Fukumoto into the teachings of Rho because Fukimoto teaches a spring back rate (0067; 0082) which measures the thickness of the structures (0011; 0052).
Rho et al., does not teach wherein the composition for forming a positive electrode active material comprises 0.1 part by weight of a first conductive material, 0.1 to 1 part by weight of a second conductive material and 1 to 4 parts by weight of PVDF based on 100 parts by weight of a positive electrode material.
Ju Qun et al., teaches wherein the composition for forming a positive electrode active material comprises “1 part by weight” (0028) of a first conductive material (0028), 0.1 to 1 part by weight of a second conductive material (0032).
Thus, one of ordinary skill in the art would be motivated to insert the teachings of Ju Qun into the teachings of Rho because Ju Qun greatly increases the effective specific surface area of the electrode and improves the mass transfer rate of the lithium-ion negative electrode reaction.
Rho et al., does not teach wherein the composition for forming a positive electrode active material comprises 0.1 part by weight of a first conductive material, 0.1 to 1 part by weight of a second conductive material and 1 to 4 parts by weight of PVDF based on 100 parts by weight of a positive electrode material.
Ju Qun et al., teaches wherein the composition for forming a positive electrode active material comprises “1 part by weight” (0028) of a first conductive material (0028), 0.1 to 1 part by weight of a second conductive material (0032).
Thus, one of ordinary skill in the art would be motivated to insert the teachings of Ju Qun into the teachings of Rho because Ju Qun greatly increases the effective specific surface area of the electrode and improves the mass transfer rate of the lithium-ion negative electrode reaction (0008).
Rho does not teach a positive electrode material having an average particle diameter of 3 to 20 um ; wherein the positive electrode current collector has a layer thickness of 40 to 60 um; and having an average particle diameter of 8 to 40 um.
Mesuda et al., teaches a positive electrode material having an average particle diameter of 1 to 10 um (0030) or 1 to 30 um (0039); wherein the positive electrode current collector has a layer thickness of 1 um to 500 um (0184); and having a negative average particle diameter of 0.5 to 20 um (0030) or 1 to 30 um (0039).
Thus, it would have been obvious to one of ordinary skill in the art to insert the teachings of Mesuda into the teachings of Rho because Mesuda teaches that the claimed range of the positive average particle diameter, the current collector thickness, and the negative average particle diameter, “When the number-average particle size of the binder is within this range, even a small amount can provide excellent adhesion to the negative electrode active material layer.” (0055). Additionally, “Because the average particle size of the positive electrode active material is within the above
range, the amount of positive electrode binder in the positive electrode active material layer can be reduced, thereby suppressing a decrease in battery capacity.” (0085).
Regarding claim 7, Rho et al., teaches the composition for forming the negative electrode active material comprises 3.5 to 8 parts by weight of PVDF (0024; 0048; 0058) based on 100 parts by weight of the negative electrode material.
Regarding claim 8, Rho et al., teaches further comprising forming a pattern for contraction (abstract; 0016) and relaxation (“extension”; abstract; 0016) in a longitudinal direction (abstract; 0016; 0019) when bending (abstract; 0014-0015).
Response to Arguments
Applicant's arguments filed 7/1/2026 have been fully considered but they are not persuasive. The Applicant argues that “no combination of Rho, Fukumoto, and Ju Qun discloses or would have suggested "a positive electrode material having an average particle diameter of 3 to 20 µm" or "a negative electrode material having an average particle diameter of 8 to 40 µm," as recited in amended claim 1. Rho and Ju Qun are silent regarding the average particle diameter of the positive and negative electrode materials.”
However, the new reference, Mesuda et al., JP WO 2014051067, teaches a positive electrode material having an average particle diameter of 1 to 10 um (0030) or 1 to 30 um (0039); wherein the positive electrode current collector has a layer thickness of 1 um to 500 um (0184); and having a negative average particle diameter of 0.5 to 20 um (0030) or 1 to 30 um (0039).
Applicant argues that “a person of ordinary skill in the art would not have been motivated to modify Rho, even in combination with Fukumoto and Ju Qun, to arrive at the claimed method for manufacturing a flexible battery with any reasonable expectation of success.”
However, the new reference, Mesuda et al., JP WO 2014051067, along with the references, Rho, Fukumoto, and Ju Qun, provide the motivation to provide a flexible battery wherein “the average particle size of the positive electrode active material is within the above range, the amount of positive electrode binder in the positive electrode active material layer can be reduced, thereby suppressing a decrease in battery capacity.” ( Mesuda, (0085)); “in order to increase the capacity of batteries, it is necessary to increase the amount of active material in the active material layer (0003).”
Conclusion
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ANGELA J. MARTIN
Examiner
Art Unit 1727
/ANGELA J MARTIN/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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