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 .
Status of Claims
Claims 1, 3-4, 6-10, 12-13, 15-19 are currently pending;
Claims 2, 5, 11, 14, and 20 are cancelled;
Claims 1, 7, 10, 16, and 19 are currently amended.
Status of Objections and Rejections Pending Since the Office Action of 07/23/2025
The 112(b) rejections of claims 1-3, 6-13, and 15-20 are withdrawn in view of Applicant’s amendment;
The 103 rejections of claims 1, 3-4, 6-10, 12-13, and 15-19 are withdrawn in view of Applicant’s amendment and argument and have been replaced by new 103 rejections.
Response to Arguments
Applicant’s arguments, see Remarks, filed 10/16/2025, with respect to the rejection(s) of claim(s) 1, 3-4, 6-10, 12-13, and 15-19 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Sikha in view of Tanaka and Kurihara and Sikha in view of Tanaka, Kurihara, and Yao.
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, 3-4, 6-8, 10, 12-13, 15-17, and 19 are rejected under 35 U.S.C. 103 as being unpatentable over Sikha et al. (US-20160013480-A1), hereinafter Sikha, in view of Tanaka et al. (WO-2019187127-A1), hereinafter Tanaka, and Kurihara et al. (US-20050058907-A1), hereinafter Kurihara.
Regarding claim 1, Sikha teaches the electrode plate comprising a current collector and an active material layer located on the current collector (fig. 2C [0035] active material layer 202 on the current collector 113), wherein the active material layer comprises a first composite particle and a second composite particle, the first composite particle comprises a first active material particle and a first binder, the first binder and the first active material particle in contact with the first binder constitute the first composite particle ([0038] first cathode material layer 210 of 202 is formed of a first slurry mixture; [0040] wherein the first slurry mixture comprises cathodically active materials and at least one binder), the second composite particle comprises a second active material particle and a second binder, and the second binder and the second active material particle in contact with the second binder constitute the second composite particle ([0053] the second cathode material layer 220 of 202 is formed of a second slurry mixture which comprises cathodically active materials and at least one binder); in a thickness direction of the material layer, the first composite particle is closer to the current collector than the second composite particle (fig. 2C; [0038] first active material layer 210 is closer to the current collector than the second active material layer 220), wherein a number of the first active material particles contained in the first composite particle is smaller than a number of the second active material particles contained in the second composite particle ([0068]-[0069] embodiment B wherein the first layer has an average particle size of 8 to 25 μm and a second layer has an average particle size of 1 to 6 μm with graded porosity such that the density of the cathode material increases with each layer, meaning there must be more particles in the second layer), the active material layer comprises a first active material layer and a second active material layer ([0038]; fig. 2C), the first active material layer is disposed directly on the current collector ([0038] fig. 2C), the first active material layer is disposed between the current collector and the second active material layer (([0038] fig. 2C), the first active material layer comprises the first composite particle, and the second active material layer comprises the second composite particle ([0053] the second cathode material layer 220 of 202 is formed of a second slurry mixture which comprises cathodically active materials and at least one binde4; [0038] the first cathode material layer 210 of 202 is formed of a first slurry mixture; [0040] wherein the first slurry mixture comprises cathodically active materials and at least one binder).
Sikha fails to teach in this embodiment a mass percentage of the first binder in the first active material layer is A, and a mass percentage of the second binder in the second active material layer is B, wherein A<B. Sikha instead discloses that the weight percentage of the binding agent of the first slurry mixture differs from the weight percentage of the binding agent in the second slurry mixture ([0026]; [0094]). Sikha also discloses that the first slurry mixture may comprise between 0.5 wt% and 15 wt% of the binding agent ([0045]) and that the second slurry may comprise between 1 wt% and 10 wt% of the binding agent ([0056]). Sikha does not explicitly disclose the relationship between the binder content of the first binder in the first active material layer and the second binder in the second active material layer beyond this.
Tanaka is considered analogous to the claimed invention because they are in the same field of electrodes ([0001]). Tanaka teaches that a mass percentage of the first binder in the first active material layer is A, and a mass percentage of the second binder in the second active material layer is B, wherein A<B ([0005] binder content BA in the first region (interpreted as the claimed second active material layer) of the active material layer is greater than the binder content BB in the second region of the active material containing layer that is between the current collector and the first region (interpreted as the claimed first active material layer)).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sikha and further define the relationship between the binder content of A and B such as in Tanaka. Doing so avoids a decrease in contact between the current collector and the active material layer, also avoiding an increase in battery resistance ([0025]).
Sikha fails to teach that the first and second binders are in the form of particles and that both composition of the first binder particle and composition of the second binder particle comprise polypropylene (discloses polymer binding agents paragraph 0044).
Kurihara is considered analogous to the claimed invention because they are in the same field of electrode active materials ([0010]). Kurihara teaches that the first and second binders are in the form of particles ([0122] binder particles P4; shown in a composite particle in fig. 1) and that both composition of the first binder particle and composition of the second binder particle comprise polypropylene ([0133] wherein polypropylene is an example of a binder).
Thus, Sikha and Kurihara each disclose an electrode comprising active material particles and binders. A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the polypropylene binder particle of Kurihara could have been substituted for the disclosed binders of Sikha because both achieve adhesion of active material particles in a composite particle. Furthermore, a person of ordinary skill in the art would have been able to carry out the substitution. Finally, the substitution achieves the predictable result of adhesion between active material particles in a composite particle.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the polypropylene binder of Kurihara for the disclosed binder of Sikha to yield the predictable result of providing adhesion between active material particles in a composite particle.
Regarding claim 3, modified Sikha teaches all the limitations of claim 1.
Sikha also teaches a particle diameter of the first active material particle is 2.31 μm to 30 μm ([0068] 8 to 25 μm) and a particle diameter of the second active material particle is 0.1 μm to 2.3 μm ([0068] 1 to 6 μm) In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Sikha fails to teach a particle diameter of the first binder particle is 0.06 μm to 6 μm and a particle diameter of the second binder particle is 0.06 μm to 6 μm.
Kurihara does teach a particle diameter of the first binder particle is 0.06 μm to 6 μm and a particle diameter of the second binder particle is 0.06 μm to 6 μm (fig. 1, binder particles P4 are shown to be the same diameter as oxidizing/reducing agents P3; paragraph 0055 shows that P3 has an average particle size of 0.001 μm to 1 μm). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Sikha and Kurihara are both considered to be analogous to the claimed invention because they are in the same field of electrodes. Given similar particle sizes for the active materials, with Kurihara disclosing the electrode active material falling in the range of 1 to 100 μm (paragraph 0055), it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sikha to incorporate the teachings of Kurihara and provide a first and second binder particle diameter in the range of 0.06 to 6 μm to create adhesion between the active material particles.
Regarding claim 4, modified Sikha teaches all the limitations of claim 1.
Sikha also teaches the active material layer further comprising a third binder ([0068]-[0069] embodiment B may contain between 2 and 20 layers; in the case of more than 2 layers, each layer would have an additional binder, so the third layer would include a third binder).
Sikha does not teach that the third binder comprises at least one of polyacrylic acid sodium salt, polyacrylic acid, polyacrylate, polymethylmethacrylate, polyacrylonitrile, polyamide, or sodium carboxymethyl cellulose.
Kurihara teaches that the binder comprises at least one of polyacrylic acid sodium salt, polyacrylic acid, polyacrylate, polymethylmethacrylate, polyacrylonitrile, polyamide, or sodium carboxymethyl cellulose ([0133] aromatic polyamide).
Thus, Sikha and Kurihara each disclose an electrode comprising active material particles and binders. A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that any of the disclosed binder particles of Kurihara (Kurihara [0133]) could have been substituted for the disclosed binders of Sikha ([0044]) because both achieve adhesion of active material particles. Furthermore, a person of ordinary skill in the art would have been able to carry out the substitution. Finally, the substitution achieves the predictable result of adhesion between active material particles and between the active material layer and the current collector.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the disclosed binder particles of Kurihara for the disclosed binders of Sikha to yield the predictable result of providing adhesion between active material particles.
Regarding claim 6, modified Sikha teaches all of the limitations of claim 1.
Modified Sikha also teaches a ratio of A to B being 1:9 to 2:3. (Tanaka [0025] 1.2 ≤BA/BB≤9, equivalent to a range of 1:9 to 1:1.2 in terms of the claim language). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 7, modified Sikha teaches all of the limitations of claim 1.
Sikha also teaches wherein, on a cross section of the electrode plate in a thickness direction of the electrode plate, a number of the first binder particles per unit area of the first active material layer is less than a number of the second binder particles per unit area of the second active material layer ([0068]-[0069] embodiment B with graded porosity of the cathode material, which is defined in [0033] as including the cathodically active material, binding agents, binding precursors, and electro-conductive material. Given a density of cathode material increasing with each layer deposited, there would be more binder particles per unit area in the second layer, including in a thickness direction).
Regrading claim 8, modified Sikha teaches all of the limitations of claim 1.
Sikha also teaches that the electrode plate is a positive electrode plate, and the first active material particle and the second active material particle each is independently selected from at least one of lithium cobalt oxide (LiCoO2), lithium iron phosphate (LiFePO4), lithium vanadium phosphate (Li3V2(PO4)3), lithium vanadyl phosphate (LiVOPO4), lithium manganese oxide (LiMnO2), lithium nickel oxide (LiNiO2), lithium nickel cobalt manganese oxide (NMC), or lithium nickel cobalt aluminum oxide (LiNixCoyAlzO2) ([0030]).
Regarding claim 10, Sikha teaches an electrochemical device comprising a positive electrode plate, a negative electrode plate, and a separator disposed between the positive electrode plate and the negative electrode plate (figs. 1A-1B; [0027]-[0028]; positive electrodes 103a/103b, anodes 102a/102b, separators 104a/104b/115), wherein at least one of the positive electrode plate or the negative electrode plate comprising: a current collector and an active material layer located on the current collector (fig. 2C [0035] active material layer 202 on the current collector 113), wherein the active material layer comprises a first composite particle and a second composite particle, the first composite particle comprises a first active material particle and a first binder, the first binder and the first active material particle in contact with the first binder constitute the first composite particle ([0038] first cathode material layer 210 of 202 is formed of a first slurry mixture; [0040] wherein the first slurry mixture comprises cathodically active materials and at least one binder), the second composite particle comprises a second active material particle and a second binder, and the second binder and the second active material particle in contact with the second binder constitute the second composite particle ([0053] the second cathode material layer 220 of 202 is formed of a second slurry mixture which comprises cathodically active materials and at least one binder); in a thickness direction of the material layer, the first composite particle is closer to the current collector than the second composite particle (fig. 2C; [0038] first active material layer 210 is closer to the current collector than the second active material layer 220), wherein a number of the first active material particles contained in the first composite particle is smaller than a number of the second active material particles contained in the second composite particle ([0068]-[0069] embodiment B wherein the first layer has an average particle size of 8 to 25 μm and a second layer has an average particle size of 1 to 6 μm with graded porosity such that the density of the cathode material increases with each layer, meaning there must be more particles in the second layer), the active material layer comprises a first active material layer and a second active material layer ([0038]; fig. 2C), the first active material layer is disposed directly on the current collector ([0038] fig. 2C), the first active material layer is disposed between the current collector and the second active material layer (([0038] fig. 2C), the first active material layer comprises the first composite particle, and the second active material layer comprises the second composite particle ([0053] the second cathode material layer 220 of 202 is formed of a second slurry mixture which comprises cathodically active materials and at least one binde4; [0038] the first cathode material layer 210 of 202 is formed of a first slurry mixture; [0040] wherein the first slurry mixture comprises cathodically active materials and at least one binder).
Sikha fails to teach in this embodiment a mass percentage of the first binder in the first active material layer is A, and a mass percentage of the second binder in the second active material layer is B, wherein A<B. Sikha instead discloses that the weight percentage of the binding agent of the first slurry mixture differs from the weight percentage of the binding agent in the second slurry mixture ([0026]; [0094]). Sikha also discloses that the first slurry mixture may comprise between 0.5 wt% and 15 wt% of the binding agent ([0045]) and that the second slurry may comprise between 1 wt% and 10 wt% of the binding agent ([0056]). Sikha does not explicitly disclose the relationship between the binder content of the first binder in the first active material layer and the second binder in the second active material layer beyond this.
Tanaka is considered analogous to the claimed invention because they are in the same field of electrodes ([0001]). Tanaka teaches that a mass percentage of the first binder in the first active material layer is A, and a mass percentage of the second binder in the second active material layer is B, wherein A<B ([0005] binder content BA in the first region (interpreted as the claimed second active material layer) of the active material layer is greater than the binder content BB in the second region of the active material containing layer that is between the current collector and the first region (interpreted as the claimed first active material layer)).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sikha and further define the relationship between the binder content of A and B such as in Tanaka. Doing so avoids a decrease in contact between the current collector and the active material layer, also avoiding an increase in battery resistance ([0025]).
Sikha fails to teach that the first and second binders are in the form of particles and that both composition of the first binder particle and composition of the second binder particle comprise polypropylene (discloses polymer binding agents paragraph 0044).
Kurihara is considered analogous to the claimed invention because they are in the same field of electrode active materials ([0010]). Kurihara teaches that the first and second binders are in the form of particles ([0122] binder particles P4; shown in a composite particle in fig. 1) and that both composition of the first binder particle and composition of the second binder particle comprise polypropylene ([0133] wherein polypropylene is an example of a binder).
Thus, Sikha and Kurihara each disclose an electrode comprising active material particles and binders. A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the polypropylene binder particle of Kurihara could have been substituted for the disclosed binders of Sikha because both achieve adhesion of active material particles in a composite particle. Furthermore, a person of ordinary skill in the art would have been able to carry out the substitution. Finally, the substitution achieves the predictable result of adhesion between active material particles in a composite particle.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the polypropylene binder of Kurihara for the disclosed binder of Sikha to yield the predictable result of providing adhesion between active material particles in a composite particle.
Regarding claim 12, modified Sikha teaches all of the limitations of claim 10. Sikha also teaches a particle diameter of the first active material particle is 2.31 μm to 30 μm ([0068] 8 to 25 μm) and a particle diameter of the second active material particle is 0.1 μm to 2.3 μm ([0068] 1 to 6 μm) In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Sikha fails to teach a particle diameter of the first binder particle is 0.06 μm to 6 μm and a particle diameter of the second binder particle is 0.06 μm to 6 μm.
Kurihara does teach a particle diameter of the first binder particle is 0.06 μm to 6 μm and a particle diameter of the second binder particle is 0.06 μm to 6 μm (fig. 1, binder particles P4 are shown to be the same diameter as oxidizing/reducing agents P3; paragraph 0055 shows that P3 has an average particle size of 0.001 μm to 1 μm). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Sikha and Kurihara are both considered to be analogous to the claimed invention because they are in the same field of electrodes. Given similar particle sizes for the active materials, with Kurihara disclosing the electrode active material falling in the range of 1 to 100 μm (paragraph 0055), it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sikha to incorporate the teachings of Kurihara and provide a first and second binder particle diameter in the range of 0.06 to 6 μm to create adhesion between the active material particles.
Regarding claim 13, modified Sikha teaches all the limitations of claim 10.
Sikha also teaches the active material layer further comprising a third binder ([0068]-[0069] embodiment B may contain between 2 and 20 layers; in the case of more than 2 layers, each layer would have an additional binder, so the third layer would include a third binder).
Sikha does not teach that the third binder comprises at least one of polyacrylic acid sodium salt, polyacrylic acid, polyacrylate, polymethylmethacrylate, polyacrylonitrile, polyamide, or sodium carboxymethyl cellulose.
Kurihara teaches that the binder comprises at least one of polyacrylic acid sodium salt, polyacrylic acid, polyacrylate, polymethylmethacrylate, polyacrylonitrile, polyamide, or sodium carboxymethyl cellulose ([0133] aromatic polyamide).
Thus, Sikha and Kurihara each disclose an electrode comprising active material particles and binders. A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that any of the disclosed binder particles of Kurihara (Kurihara [0133]) could have been substituted for the disclosed binders of Sikha ([0044]) because both achieve adhesion of active material particles. Furthermore, a person of ordinary skill in the art would have been able to carry out the substitution. Finally, the substitution achieves the predictable result of adhesion between active material particles and between the active material layer and the current collector.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the disclosed binder particles of Kurihara for the disclosed binders of Sikha to yield the predictable result of providing adhesion between active material particles.
Regarding claim 15, modified Sikha teaches all of the limitations of claim 10.
Modified Sikha also teaches a ratio of A to B being 1:9 to 2:3. (Tanaka [0025] 1.2 ≤BA/BB≤9, equivalent to a range of 1:9 to 1:1.2 in terms of the claim language). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 16, modified Sikha teaches all of the limitations of claim 10.
Sikha also teaches wherein, on a cross section of the electrode plate in a thickness direction of the electrode plate, a number of the first binder particles per unit area of the first active material layer is less than a number of the second binder particles per unit area of the second active material layer ([0068]-[0069] embodiment B with graded porosity of the cathode material, which is defined in [0033] as including the cathodically active material, binding agents, binding precursors, and electro-conductive material. Given a density of cathode material increasing with each layer deposited, there would be more binder particles per unit area in the second layer, including in a thickness direction).
Regrading claim 17, modified Sikha teaches all of the limitations of claim 10.
Sikha also teaches that the electrode plate is a positive electrode plate, and the first active material particle and the second active material particle each is independently selected from at least one of lithium cobalt oxide (LiCoO2), lithium iron phosphate (LiFePO4), lithium vanadium phosphate (Li3V2(PO4)3), lithium vanadyl phosphate (LiVOPO4), lithium manganese oxide (LiMnO2), lithium nickel oxide (LiNiO2), lithium nickel cobalt manganese oxide (NMC), or lithium nickel cobalt aluminum oxide (LiNixCoyAlzO2) ([0030]).
Regarding claim 19, Sikha teaches an electronic device ([0010]; [0004]) comprising an electrochemical device comprising a positive electrode plate, a negative electrode plate, and a separator disposed between the positive electrode plate and the negative electrode plate (figs. 1A-1B; [0027]-[0028]; positive electrodes 103a/103b, anodes 102a/102b, separators 104a/104b/115), wherein at least one of the positive electrode plate or the negative electrode plate comprising: a current collector and an active material layer located on the current collector (fig. 2C [0035] active material layer 202 on the current collector 113), wherein the active material layer comprises a first composite particle and a second composite particle, the first composite particle comprises a first active material particle and a first binder, the first binder and the first active material particle in contact with the first binder constitute the first composite particle ([0038] first cathode material layer 210 of 202 is formed of a first slurry mixture; [0040] wherein the first slurry mixture comprises cathodically active materials and at least one binder), the second composite particle comprises a second active material particle and a second binder, and the second binder and the second active material particle in contact with the second binder constitute the second composite particle ([0053] the second cathode material layer 220 of 202 is formed of a second slurry mixture which comprises cathodically active materials and at least one binder); in a thickness direction of the material layer, the first composite particle is closer to the current collector than the second composite particle (fig. 2C; [0038] first active material layer 210 is closer to the current collector than the second active material layer 220), wherein a number of the first active material particles contained in the first composite particle is smaller than a number of the second active material particles contained in the second composite particle ([0068]-[0069] embodiment B wherein the first layer has an average particle size of 8 to 25 μm and a second layer has an average particle size of 1 to 6 μm with graded porosity such that the density of the cathode material increases with each layer, meaning there must be more particles in the second layer), the active material layer comprises a first active material layer and a second active material layer ([0038]; fig. 2C), the first active material layer is disposed directly on the current collector ([0038] fig. 2C), the first active material layer is disposed between the current collector and the second active material layer (([0038] fig. 2C), the first active material layer comprises the first composite particle, and the second active material layer comprises the second composite particle ([0053] the second cathode material layer 220 of 202 is formed of a second slurry mixture which comprises cathodically active materials and at least one binde4; [0038] the first cathode material layer 210 of 202 is formed of a first slurry mixture; [0040] wherein the first slurry mixture comprises cathodically active materials and at least one binder).
Sikha fails to teach in this embodiment a mass percentage of the first binder in the first active material layer is A, and a mass percentage of the second binder in the second active material layer is B, wherein A<B. Sikha instead discloses that the weight percentage of the binding agent of the first slurry mixture differs from the weight percentage of the binding agent in the second slurry mixture ([0026]; [0094]). Sikha also discloses that the first slurry mixture may comprise between 0.5 wt% and 15 wt% of the binding agent ([0045]) and that the second slurry may comprise between 1 wt% and 10 wt% of the binding agent ([0056]). Sikha does not explicitly disclose the relationship between the binder content of the first binder in the first active material layer and the second binder in the second active material layer beyond this.
Tanaka is considered analogous to the claimed invention because they are in the same field of electrodes ([0001]). Tanaka teaches that a mass percentage of the first binder in the first active material layer is A, and a mass percentage of the second binder in the second active material layer is B, wherein A<B ([0005] binder content BA in the first region (interpreted as the claimed second active material layer) of the active material layer is greater than the binder content BB in the second region of the active material containing layer that is between the current collector and the first region (interpreted as the claimed first active material layer)).
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have modified Sikha and further define the relationship between the binder content of A and B such as in Tanaka. Doing so avoids a decrease in contact between the current collector and the active material layer, also avoiding an increase in battery resistance ([0025]).
Sikha fails to teach that the first and second binders are in the form of particles and that both composition of the first binder particle and composition of the second binder particle comprise polypropylene (discloses polymer binding agents paragraph 0044).
Kurihara is considered analogous to the claimed invention because they are in the same field of electrode active materials ([0010]). Kurihara teaches that the first and second binders are in the form of particles ([0122] binder particles P4; shown in a composite particle in fig. 1) and that both composition of the first binder particle and composition of the second binder particle comprise polypropylene ([0133] wherein polypropylene is an example of a binder).
Thus, Sikha and Kurihara each disclose an electrode comprising active material particles and binders. A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the polypropylene binder particle of Kurihara could have been substituted for the disclosed binders of Sikha because both achieve adhesion of active material particles in a composite particle. Furthermore, a person of ordinary skill in the art would have been able to carry out the substitution. Finally, the substitution achieves the predictable result of adhesion between active material particles in a composite particle.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the polypropylene binder of Kurihara for the disclosed binder of Sikha to yield the predictable result of providing adhesion between active material particles in a composite particle.
Claims 9 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Sikha in view of Tanaka and Kurihara as applied to claims 1 and 10 above, and further in view of Yao et al. (US-20190296332-A1), hereinafter Yao.
Regarding claim 9, modified Sikha teaches all the limitations of claim 1.
Sikha fails to teach wherein the electrode plate is a negative electrode plate, and the first active material particle and the second active material particle each is independently selected from at least one of artificial graphite, natural graphite, mesocarbon microbead, soft carbon, hard carbon, silicon, tin, a silicon-carbon compound, a silicon-oxygen compound, or lithium titanium oxide.
Yao is considered analogous to the claimed invention because they are in the same field of multilayered electrodes ([0004]). Yao teaches that the electrode plate is a negative electrode plate, and the first active material particle and the second active material particle each is independently selected from at least one of artificial graphite, natural graphite, hard carbon, silicon, or tin ([0057]).
Thus, Yao and Sikha each disclose an electrode comprising an active material layer and current collector wherein the active material layer contains active material particles and binder. Yao also discloses that the multi-layer active material layer configuration can be either a negative or positive electrode ([0048]). A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the negative electrode of Yao could have been substituted for the positive electrode of Sikha because both achieve mitigation of lower battery capacity (Sikha Abstract; Yao [0079]). Furthermore, a person of ordinary skill in the art would have been able to carry out the substitution. Finally, the substitution achieves the predictable result of higher battery capacity.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the negative electrode of Yao for the positive electrode of Sikha according to known methods to yield the predictable result of achieving a higher battery capacity.
Regarding claim 18, modified Sikha teaches all the limitations of claim 10.
Sikha fails to teach wherein the electrode plate is a negative electrode plate, and the first active material particle and the second active material particle each is independently selected from at least one of artificial graphite, natural graphite, mesocarbon microbead, soft carbon, hard carbon, silicon, tin, a silicon-carbon compound, a silicon-oxygen compound, or lithium titanium oxide.
Yao is considered analogous to the claimed invention because they are in the same field of multilayered electrodes ([0004]). Yao teaches that the electrode plate is a negative electrode plate, and the first active material particle and the second active material particle each is independently selected from at least one of artificial graphite, natural graphite, hard carbon, silicon, or tin ([0057]).
Thus, Yao and Sikha each disclose an electrode comprising an active material layer and current collector wherein the active material layer contains active material particles and binder. Yao also discloses that the multi-layer active material layer configuration can be either a negative or positive electrode ([0048]). A person of ordinary skill in the art before the effective filing date of the claimed invention would have recognized that the negative electrode of Yao could have been substituted for the positive electrode of Sikha because both achieve mitigation of lower battery capacity (Sikha Abstract; Yao [0079]). Furthermore, a person of ordinary skill in the art would have been able to carry out the substitution. Finally, the substitution achieves the predictable result of higher battery capacity.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to substitute the negative electrode of Yao for the positive electrode of Sikha according to known methods to yield the predictable result of achieving a higher battery capacity.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MADISON L KYLE whose telephone number is (571)272-0164. The examiner can normally be reached Monday - Friday 9 AM - 5 PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Niki Bakhtiari can be reached at (571) 272-3433. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/M.L.K./Examiner, Art Unit 1722
/NIKI BAKHTIARI/Supervisory Patent Examiner, Art Unit 1722