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 . If status of the application as subject to 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 a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 3/30/2026 has been entered.
Status of Claims
Claims 1-20 are pending in the application. Claims 5-6, 9-10, and 15-16 are withdrawn. Claims 1-4, 7-8, 11-14, and 17-22 were rejected in the office action mailed 12/31/2025. Claims 1-4, 7-8, 11-14, and 17-20 are presently examined.
Response to Amendment / Arguments
The amendment filed 3/30/2026, in response to the 12/31/2025 office action, has been entered. Applicant’s arguments, regarding the 35 U.S.C. 102 and 35 U.S.C. 103 rejections, have been fully considered but they are not persuasive.
The main issue, of Applicant’s arguments and Examiner’s comments below, is the meaning of the claimed “electrode conductive member having a mesh structure” and whether the carbon fibers or carbon nanotube conductive material taught by US20160126543A1 (Ota) in paragraphs 29 & 31 fulfills this claim limitation.
Both Examiner and Applicant referred to Ota paragraph 22, which defines “networked carbon”. Upon further review of Ota, Examiner suggests that further discussion of this paragraph is not useful because “networked carbon”, and related terms, only are presented in the definition paragraph 22. Ota doesn’t apply the term “network” to the carbon fibers and/or carbon nanotubes associated with the active material in paragraphs 29 & 31.
In paragraphs 29 & 31, Ota teaches that the cathode and anode can include carbon fibers and/or carbon nanotubes as a conductive material. In order to conduct electricity, the carbon fibers and/or carbon nanotubes must be connected. Due to the small size of the carbon fibers and/or carbon nanotubes, and due to the extensive nature of the active material throughout the electrode, the carbon fibers and/or carbon nanotubes would need to be in a mesh-like form.
Applicant presents the idea that the claim is for a physical mesh structure, but that Ota’s carbon fibers and/or carbon nanotubes are like an electrical network (Remarks pp 9-10). This is not persuasive for two reasons:
First, the claim only refers to “a mesh structure” and fails to narrow this definition to a physical mesh structure as argued by Applicant. A broad definition of “mesh” is used for examination (see Claim Interpretation section below. Applicant’s arguments are attempting to define the word “mesh” narrower than the dictionary definition. Examiner will continue to rely on the broader definition of “mesh” until Applicant narrows the word “mesh” in the claim, and such amendment is supported by the specification.
Second, it seems that the definition of “mesh” in the present specification matches the structure taught by Ota:
“[0032] In the positive electrode electrolytic solution filling part 9, a conductive member is disposed so as to bring the positive electrode current collector 6 and the electrolyte layer 8 into conduction. The conductive member has a mesh structure.”
This paragraph 32 seems to match the “electrical network” structure that Applicant argues is taught by Ota.
Applicant next argues that Ota’s carbon fibers and/or carbon nanotubes are “not a mesh structure that retains active material within defined openings”. There are two problems with this argument. First, the claims don’t refer to “defined openings”. Second, Ota’s carbon fibers and/or carbon nanotubes must have openings between them, like a mesh, because ions must pass through in order for the battery to function.
Applicant next argues that the present specification includes carbon felt, carbon paper, carbon cloth, and punching metal as examples of mesh structures (Remarks p 10). The present specification lists these as examples, but does not state that the mesh must be one of these materials. During examination, the definition of “mesh” will not be limited to these examples unless Applicant defines “mesh” as these materials in the claims.
Applicant next states that Ota fails to teach -
“the negative electrode active material is retained in the conductive member” and
“a negative electrode conductive member having a mesh structure and bringing the negative electrode current collector and the electrolyte layer into conduction”
Although Ota fails to explicitly state this, Ota’s carbon fibers and/or carbon nanotubes must extend throughout the active material to conduct electricity throughout. Thus, the active material would be within this mesh. Also, the function of a conductive material in the active material is to conduct electricity from the active material to the electrolyte; therefore, it is expected that Ota’s carbon fibers and/or carbon nanotubes would bring “the negative electrode current collector and the electrolyte layer into conduction”.
Claim Interpretation
Claims 1 & 18 recite:
“the positive electrode active material is not fixed to the positive electrode current collector” and “the negative electrode active material is not fixed to the negative electrode current collector”
The present specification provides the following guidance for the meaning of “not fixed”:
“[0039] In the positive electrode electrolytic solution filling part 9, the positive electrode active material preferably exists in a state of being dispersed in the positive electrode electrolytic solution (a non-aqueous solvent). In other words, the positive electrode active material is not retained (fixed) in the positive electrode current collector 6, and the positive electrode electrolytic solution filling part 9 preferably does not contain a binder for retaining (fixing) the positive electrode active material in the positive electrode current collector 6.”
“[0054] In the negative electrode electrolytic solution filling part 10, the negative electrode active material preferably exists in a state of being dispersed in the negative electrode electrolytic solution (a non-aqueous solvent). In other words, the negative electrode active material is not retained (fixed) in the negative electrode current collector 7, and the negative electrode electrolytic solution filling part 10 preferably does not contain a binder for retaining ( fixing) the negative electrode active material in the negative electrode current collector 7.”
These paragraphs teach that “not fixed” means that the active material is dispersed in the electrolytic solution. “Not fixed” also might mean that the electrolytic solution filling part does not have a binder. This second requirement of “not fixed” is uncertain because of the word “preferably”.
Claims 1, 11, & 18 state a “conductive member having a mesh structure”. The word mesh includes the following dictionary definitions: “an interwoven or intertwined structure; network”1; “a network; net… any knit, woven, or knotted fabric of open texture… an interwoven or intertwined structure; network2”. The word “mesh” in claims 1, 11, & 18 is interpreted to include these definitions.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
The claims are in bold font, the prior art is in parentheses.
Claims 1-2, 7, 11, and 17-20 are rejected under 35 U.S.C. 102(a)(1) and 102(a)(2) as being anticipated by US20160126543A1 (Ota).
Ota teaches the following claim 1 limitations:
A secondary battery comprising:
a positive electrode current collector (paragraph 25: positive current collector 110);
a negative electrode current collector (paragraph 25: negative current collector 120);
an electrolyte layer (paragraph 28: separator 130 is a porous polymer membrane infused with a liquid electrolyte) disposed between the positive electrode current collector and the negative electrode current collector (figure 1);
a positive electrode electrolytic solution filling part including a positive electrode electrolytic solution (abstract: 10% to 70% by volume of the semi-solid electrode is liquid electrolyte; paragraph 12: the semi-solid electrode can be the cathode) in a receiving space defined by the positive electrode current collector and the electrolyte layer (paragraph 25 & figure 1: semi-solid cathode 140 between 130 & 110), wherein a positive electrode active material is in the positive electrode electrolytic solution (paragraphs 25 & 29: semi-solid cathode 140 includes an active material); and
a negative electrode electrolytic solution filling part including a negative electrode electrolytic solution (abstract: 10% to 70% by volume of the semi-solid electrode is liquid electrolyte; paragraph 12: the semi-solid electrode can be the anode) in a receiving space defined by the negative electrode current collector and the electrolyte layer (paragraph 26 & figure 1: semi-solid anode 150 between 130 & 120), wherein a negative electrode active material is in the negative electrode electrolytic solution (paragraph 30: semi-solid anode 150 includes an active material), wherein
the negative electrode electrolytic solution filling part comprises:
a negative electrode conductive member having a mesh structure (paragraph 31: semi-solid anode 150 can include carbon fibers or carbon nanotube conductive material, which naturally form a mesh structure to allow for electrical conductivity) and bringing the negative electrode current collector and the electrolyte layer into conduction (figure 1);
the negative electrode active material retained in the negative electrode conductive member (paragraph 32: the semi-solid anode 150 includes active materials and conductive materials suspended in a non-aqueous liquid electrolyte);
a negative electrode electrolyte salt; and a negative electrode non-aqueous solvent dissolving the electrolyte salt (paragraph 17: the semi-solid electrode includes lithium salt and liquid electrolyte / solvent; paragraph 12: the semi-solid electrode can be the anode), and
the negative electrode active material comprises at least one selected from the group consisting of silicon, tin, and aluminum, as a constituent element (paragraph 30: the anode 150 includes silicon as an active material),
Claim 1 also recites that “the positive electrode active material is not fixed to the positive electrode current collector” and “the negative electrode active material is not fixed to the negative electrode current collector”. As discussed in the Claim Interpretation section above, “not fixed” means that the active material is dispersed in the electrolytic solution. Ota’s active material is mixed with a liquid electrolyte (abstract & paragraph 14); therefore, according to the definition of “not fixed” provided by the present specification, Ota’s active material is “not fixed” to the current collector.
Also, as discussed in the Claim Interpretation section above, “not fixed” might also mean that the electrolytic solution filling part does not have a binder. Ota doesn’t teach a binder, so if “not fixed” also means there is no binder, then Ota also fulfills this requirement.
With regard to claim 2, Ota teaches the limitations of claim 1 as noted above. Ota also teaches the following claim 2 limitation:
the negative electrode conductive member includes a carbon material (paragraph 31)
With regard to claims 7 and 17, Ota teaches the limitations of claim 1 as noted above. Ota also teaches the following limitations of claims 7 and 17:
the negative electrode non-aqueous solvent comprises 10% by mass or more of at least one selected from the group consisting of g-butyrolactone… on a basis of a total amount of the negative electrode non-aqueous solvent (paragraph 58: 70% gamma butyrolactone)
With regard to claim 11, Ota teaches the limitations of claim 1 as noted above. Ota also teaches the following claim 11 limitation:
the positive electrode electrolytic solution filling part comprises:
a positive electrode conductive member having a mesh structure (paragraph 29: semi-solid cathode 140 can include carbon fibers or carbon nanotube conductive material, which naturally form a mesh structure to allow for electrical conductivity) and bringing the positive electrode current collector and the electrolyte layer into conduction (figure 1);
the positive electrode active material in the positive electrode conductive member (paragraph 32: the semi-solid cathode 140 includes active materials and conductive materials suspended in a non-aqueous liquid electrolyte);
a positive electrode electrolyte salt; and a positive electrode non-aqueous solvent dissolving the positive electrode electrolyte salt (paragraph 17: the semi-solid electrode includes lithium salt and liquid electrolyte / solvent; paragraph 12: the semi-solid electrode can be the cathode)
Ota teaches the following claim 18 limitations:
A secondary battery comprising:
a positive electrode current collector (paragraph 25: positive current collector 110);
a negative electrode current collector (paragraph 25: negative current collector 120);
an electrolyte layer (paragraph 28: separator 130 is a porous polymer membrane infused with a liquid electrolyte) between the positive electrode current collector and the negative electrode current collector (figure 1);
a positive electrode electrolytic solution filling part including a positive electrode electrolytic solution (abstract: 10% to 70% by volume of the semi-solid electrode is liquid electrolyte; paragraph 12: the semi-solid electrode can be the cathode) between the positive electrode current collector and the electrolyte layer (paragraph 25 & figure 1: semi-solid cathode 140 between 130 & 110), wherein a positive electrode active material is in the positive electrode electrolytic solution (paragraphs 25 & 29: semi-solid cathode 140 includes an active material), wherein the positive electrode active material is not fixed to the positive electrode current collector (Ota’s active material is mixed with a liquid electrolyte; therefore it is not fixed. See further discussion under claim 1 and in the Claim Interpretation section above.); and
a negative electrode electrolytic solution filling part including a negative electrode electrolytic solution (abstract: 10% to 70% by volume of the semi-solid electrode is liquid electrolyte; paragraph 12: the semi-solid electrode can be the anode) between the negative electrode current collector and the electrolyte layer (paragraph 26 & figure 1: semi-solid anode 150 between 130 & 120), wherein a negative electrode active material is in the negative electrode electrolytic solution (paragraph 30: semi-solid anode 150 includes an active material), wherein the negative electrode active material is not fixed to the negative electrode current collector (Ota’s active material is mixed with a liquid electrolyte; therefore it is not fixed. See further discussion under claim 1 and in the Claim Interpretation section above.), wherein
the negative electrode electrolytic solution filling part comprises:
a negative electrode conductive member having a mesh structure (paragraph 31: semi-solid anode 150 can include carbon fibers or carbon nanotube conductive material, which naturally form a mesh structure to allow for electrical conductivity) and bringing the negative electrode current collector and the electrolyte layer into conduction (figure 1);
the negative electrode active material retained in the negative electrode conductive member (paragraph 32: the semi-solid anode 150 includes active materials and conductive materials suspended in a non-aqueous liquid electrolyte);
a negative electrode electrolyte salt; and a non-aqueous solvent dissolving the negative electrode electrolyte salt (paragraph 17: the semi-solid electrode includes lithium salt and liquid electrolyte / solvent; paragraph 12: the semi-solid electrode can be the anode),
wherein the negative electrode active material comprises at least one selected from the group consisting of silicon, tin, and aluminum, as a constituent element (paragraph 30: the anode 150 includes silicon as an active material), and
wherein the electrolyte layer is a solid electrolyte material layer (paragraph 28: the separator 130 can be a solid membrane)
With regard to claims 19-20, Ota teaches the limitations of claim 1 as noted above. Claims 19-20 recite:
Claim 19
the positive electrode electrolytic solution filling part does not include a binder
Claim 20
the negative electrode electrolytic solution filling part does not include a binder
Ota doesn’t teach a binder for either electrode.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
Determining the scope and contents of the prior art.
Ascertaining the differences between the prior art and the claims at issue.
Resolving the level of ordinary skill in the pertinent art.
Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
The claims are in bold font, the prior art is in parentheses.
Claims 1-2, 7, 11, & 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over US20160126543A1 (Ota) in view of US20180309115A1 (Zhu).
Ota teaches the following claim 1 limitations:
A secondary battery comprising:
a positive electrode current collector (paragraph 25: positive current collector 110);
a negative electrode current collector (paragraph 25: negative current collector 120);
an electrolyte layer (paragraph 28: separator 130 is a porous polymer membrane infused with a liquid electrolyte) disposed between the positive electrode current collector and the negative electrode current collector (figure 1);
a positive electrode electrolytic solution filling part including a positive electrode electrolytic solution (abstract: 10% to 70% by volume of the semi-solid electrode is liquid electrolyte; paragraph 12: the semi-solid electrode can be the cathode) in a receiving space defined by the positive electrode current collector and the electrolyte layer (paragraph 25 & figure 1: semi-solid cathode 140 between 130 & 110), wherein a positive electrode active material is in the positive electrode electrolytic solution (paragraphs 25 & 29: semi-solid cathode 140 includes an active material); and
a negative electrode electrolytic solution filling part including a negative electrode electrolytic solution (abstract: 10% to 70% by volume of the semi-solid electrode is liquid electrolyte; paragraph 12: the semi-solid electrode can be the anode) in a receiving space defined by the negative electrode current collector and the electrolyte layer (paragraph 26 & figure 1: semi-solid anode 150 between 130 & 120), wherein a negative electrode active material is in the negative electrode electrolytic solution (paragraph 30: semi-solid anode 150 includes an active material), wherein
the negative electrode electrolytic solution filling part comprises… a negative electrode electrolyte salt; and a negative electrode non-aqueous solvent dissolving the electrolyte salt (paragraph 17: the semi-solid electrode includes lithium salt and liquid electrolyte / solvent; paragraph 12: the semi-solid electrode can be the anode), and
the negative electrode active material comprises at least one selected from the group consisting of silicon, tin, and aluminum, as a constituent element (paragraph 30: the anode 150 includes silicon as an active material),
Claim 1 also states:
a negative electrode conductive member having a mesh structure and bringing the negative electrode current collector and the electrolyte layer into conduction;
the negative electrode active material retained in the negative electrode conductive member;
Although Ota teaches that the semi-solid anode 150 can include carbon fibers or carbon nanotube conductive material, which naturally form a mesh around the active material in order to conduct electricity (paragraph 31), Ota fails to explicitly use the word “mesh” for the conductive material.
Zhu provides additional guidance. Zhu describes a lithium-ion battery anode with titanium dioxide nanoparticles 20 (active material) with carbon nanotubes 12 for electrical conductivity (paragraphs 3, 25, & 30-33). Zhu’s carbon nanotubes 12 are illustrated as a mesh which retains or encloses the nanoparticles 20 (figures 1-2). It would have been obvious, to one of ordinary skill in the art, before the effective filing date of the invention, for Ota’s carbon fibers or carbon nanotubes to be a mesh, as taught by Zhu, for electrical conductivity.
Claim 1 also recites that “the positive electrode active material is not fixed to the positive electrode current collector” and “the negative electrode active material is not fixed to the negative electrode current collector”. As discussed in the Claim Interpretation section above, “not fixed” means that the active material is dispersed in the electrolytic solution. Ota’s active material is mixed with a liquid electrolyte (abstract & paragraph 14); therefore, according to the definition of “not fixed” provided by the present specification, Ota’s active material is “not fixed” to the current collector.
Also, as discussed in the Claim Interpretation section above, “not fixed” might also mean that the electrolytic solution filling part does not have a binder. Ota doesn’t teach a binder, so if “not fixed” also means there is no binder, then Ota also fulfills this requirement.
With regard to claim 2, modified Ota teaches the limitations of claim 1 as noted above. Ota also teaches the following claim 2 limitation:
the negative electrode conductive member includes a carbon material (paragraph 31)
With regard to claims 7 and 17, modified Ota teaches the limitations of claim 1 as noted above. Ota also teaches the following limitations of claims 7 and 17:
the negative electrode non-aqueous solvent comprises 10% by mass or more of at least one selected from the group consisting of g-butyrolactone… on a basis of a total amount of the negative electrode non-aqueous solvent (paragraph 58: 70% gamma butyrolactone)
With regard to claim 11, modified Ota teaches the limitations of claim 1 as noted above. Ota also teaches the following claim 11 limitation:
the positive electrode electrolytic solution filling part comprises…
a positive electrode electrolyte salt; and a positive electrode non-aqueous solvent dissolving the positive electrode electrolyte salt (paragraph 17: the semi-solid electrode includes lithium salt and liquid electrolyte / solvent; paragraph 12: the semi-solid electrode can be the cathode)
Claim 11 also states:
a positive electrode conductive member having a mesh structure and bringing the positive electrode current collector and the electrolyte layer into conduction;
the positive electrode active material in the positive electrode conductive member;
Although Ota teaches that the semi-solid cathode 140 can include carbon fibers or carbon nanotube conductive material, which naturally form a mesh around the active material in order to conduct electricity (paragraphs 29 & 32), Ota fails to explicitly use the word “mesh” for the conductive material.
Zhu provides additional guidance. Zhu describes a lithium-ion battery anode with titanium dioxide nanoparticles 20 (active material) with carbon nanotubes 12 for electrical conductivity (paragraphs 3, 25, & 30-33). Zhu’s carbon nanotubes 12 are illustrated as a mesh which retains or encloses the nanoparticles 20 (figures 1-2). It would have been obvious, to one of ordinary skill in the art, before the effective filing date of the invention, for Ota’s carbon fibers or carbon nanotubes to be a mesh, as taught by Zhu, for electrical conductivity.
Ota teaches the following claim 18 limitations:
A secondary battery comprising:
a positive electrode current collector (paragraph 25: positive current collector 110);
a negative electrode current collector (paragraph 25: negative current collector 120);
an electrolyte layer (paragraph 28: separator 130 is a porous polymer membrane infused with a liquid electrolyte) between the positive electrode current collector and the negative electrode current collector (figure 1);
a positive electrode electrolytic solution filling part including a positive electrode electrolytic solution (abstract: 10% to 70% by volume of the semi-solid electrode is liquid electrolyte; paragraph 12: the semi-solid electrode can be the cathode) between the positive electrode current collector and the electrolyte layer (paragraph 25 & figure 1: semi-solid cathode 140 between 130 & 110), wherein a positive electrode active material is in the positive electrode electrolytic solution (paragraphs 25 & 29: semi-solid cathode 140 includes an active material), wherein the positive electrode active material is not fixed to the positive electrode current collector (Ota’s active material is mixed with a liquid electrolyte; therefore it is not fixed. See further discussion under claim 1 and in the Claim Interpretation section above.); and
a negative electrode electrolytic solution filling part including a negative electrode electrolytic solution (abstract: 10% to 70% by volume of the semi-solid electrode is liquid electrolyte; paragraph 12: the semi-solid electrode can be the anode) between the negative electrode current collector and the electrolyte layer (paragraph 26 & figure 1: semi-solid anode 150 between 130 & 120), wherein a negative electrode active material is in the negative electrode electrolytic solution (paragraph 30: semi-solid anode 150 includes an active material), wherein the negative electrode active material is not fixed to the negative electrode current collector (Ota’s active material is mixed with a liquid electrolyte; therefore it is not fixed. See further discussion under claim 1 and in the Claim Interpretation section above.), wherein
the negative electrode electrolytic solution filling part comprises… a negative electrode electrolyte salt; and a non-aqueous solvent dissolving the negative electrode electrolyte salt (paragraph 17: the semi-solid electrode includes lithium salt and liquid electrolyte / solvent; paragraph 12: the semi-solid electrode can be the anode),
wherein the negative electrode active material comprises at least one selected from the group consisting of silicon, tin, and aluminum, as a constituent element (paragraph 30: the anode 150 includes silicon as an active material), and
wherein the electrolyte layer is a solid electrolyte material layer (paragraph 28: the separator 130 can be a solid membrane)
Claim 18 also states:
a negative electrode conductive member having a mesh structure and bringing the negative electrode current collector and the electrolyte layer into conduction;
the negative electrode active material retained in the negative electrode conductive member;
Although Ota teaches that the semi-solid anode 150 can include carbon fibers or carbon nanotube conductive material, which naturally form a mesh around the active material in order to conduct electricity (paragraph 31), Ota fails to explicitly use the word “mesh” for the conductive material.
Zhu provides additional guidance. Zhu describes a lithium-ion battery anode with titanium dioxide nanoparticles 20 (active material) with carbon nanotubes 12 for electrical conductivity (paragraphs 3, 25, & 30-33). Zhu’s carbon nanotubes 12 are illustrated as a mesh which retains or encloses the nanoparticles 20 (figures 1-2). It would have been obvious, to one of ordinary skill in the art, before the effective filing date of the invention, for Ota’s carbon fibers or carbon nanotubes to be a mesh, as taught by Zhu, for electrical conductivity.
With regard to claims 19-20, modified Ota teaches the limitations of claim 1 as noted above. Claims 19-20 recite:
Claim 19
the positive electrode electrolytic solution filling part does not include a binder
Claim 20
the negative electrode electrolytic solution filling part does not include a binder
Ota doesn’t teach a binder for either electrode.
Claims 3-4 and 13-14 are rejected under 35 U.S.C. 103 as being unpatentable over US20160126543A1 (Ota) in view of US20180309115A1 (Zhu), with regard to claim 1, and further in view of US20180287120A1 (Nakajima).
With regard to claims 3-4, modified Ota teaches the limitations of claim 1 as described above. Ota, however, fails to teach the following limitations of claims 3-4, which are taught by Nakajima:
Claim 3
the negative electrode non-aqueous solvent comprises 10% by mass or more of fluoroethylene carbonate on a basis of a total amount of the negative electrode non-aqueous solvent
Claim 4
the negative electrode non-aqueous solvent consists of the fluoroethylene carbonate
Nakajima is directed to a secondary battery, with excellent energy density and charge-discharge cycle performance (paragraph 14). The battery includes a nonaqueous solvent as the negative electrode electrolyte (paragraph 89), which can be fluoroethylene carbonate (paragraph 90). Nakajima’s fluoroethylene carbonate, which “can be used singly” (paragraph 90), and therefore 100 mass% of the solvent.
It would have been obvious, to one of ordinary skill in the art, before the effective filing date of the invention, for Ota’s solvent to be ≥ 10 mass%, or to consist of, fluoroethylene carbonate, as taught by Nakajima, as part of a battery with excellent energy density and charge-discharge cycle performance.
With regard to claims 13-14, modified Ota teaches the limitations of claims 1 and 11 as described above. Ota, however, fails to teach the following limitations of claims 13-14, which are taught by Nakajima:
Claim 13
a content of fluoroethylene carbonate in the positive electrode electrolytic solution filling part is 0.1% by mass or less on a basis of a total amount of the positive electrode non-aqueous solvent contained in the positive electrode electrolytic solution filling part
Claim 14
the positive electrode electrolytic solution filling part does not comprise fluoroethylene carbonate
Nakajima teaches fluoroethylene carbonate, as one of several additives in the positive electrode electrolyte (paragraph 90). Other additives “can be used singly”, thus excluding fluoroethylene carbonate from the positive electrode electrolyte.
Nakajima is directed to a secondary battery, with excellent energy density and charge-discharge cycle performance (paragraph 14). It would have been obvious, to one of ordinary skill in the art, before the effective filing date of the invention, for Ota’s cathode semi-solid electrode to not comprise fluoroethylene carbonate, as taught by Nakajima, as part of a battery with excellent energy density and charge-discharge cycle performance.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over US20160126543A1 (Ota) in view of US20180309115A1 (Zhu), with regard to claim 1, and further in view of US20130273439A1 (Tanaka). Claim 8 recites:
the negative electrode active material comprises 10% by mass or more of silicon on a basis of a total amount of the negative electrode active material, as a constituent element
As discussed under claim 1, Ota teaches silicon as a negative electrode active material (paragraph 30). Ota, however, fails to teach the percent silicon in the active material.
Tanaka teaches 0.004 to 14 mass% silicon based on the total amount of the negative electrode active material (paragraphs 20, 25, & 29).
Following is the calculation of Tanaka’s range:
SiOx and carbon is 0.01 to 20 mass% of the negative electrode active material (paragraph 29).
10 to 30 mass% of the SiOx and carbon is carbon (paragraph 25); therefore, 70 to 90 mass% of the SiOx and carbon is SiOx. Thus, SiOx is 0.007 to 18 mass% of the negative electrode active material: 0.01*0.70=0.007 and 20*0.90=18.
0.5≤x≤1.5 (paragraph 20). Selecting x=1.5 for the lower end, and x=0.5 for the upper end, Si is 0.004 to 14 mass% of the negative electrode active material: 0.007*28/(28+16*1.5)=0.004 and 18*28/(28+16*0.5)=14. Note that the molar mass for silicon is about 28 g/mol and the molar mass for oxygen is about 16 g/mol.
Tanaka is directed to a secondary battery with high capacity and excellent storage characteristics (paragraph 11). It would have been obvious, to one of ordinary skill in the art, before the effective filing date of the invention, for Ota’s battery to include 0.004 mass% to 14 mass% silicon in the negative electrode active material, as taught by Tanaka, for a battery with high capacity and excellent storage characteristics.
Tanaka’s 0.004 mass% to 14 mass% range overlaps the claimed range of ≥10 mass%. MPEP 2144.05 (II)(A) provides the law for this issue:
“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)”.
Given that Tanaka’s range overlaps the claimed range, and further given the fact that no criticality is disclosed for the claimed range, the range in claim 8 is an obvious variant of Tanaka’s range.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over US20160126543A1 (Ota) in view of US20180309115A1 (Zhu), with regard to claims 1 and 11, and further in view of WO2012161989A1 (Scordilis). Claim 12 recites:
the positive electrode non-aqueous solvent contained in the positive electrode electrolytic solution filling part is a non-aqueous solvent that is different from the negative electrode non-aqueous solvent contained in the negative electrode electrolytic solution filling part
Ota teaches a solvent for the cathode and the anode, as discussed under claims 1 and 11 above. Ota, however, fails to teach a different solvent in the cathode compared to the anode.
Scordilis describes —
“a first electrolyte solvent (e.g., dioxolane (DOL)) that partitions towards the anode and is favorable towards the anode… and a second electrolyte solvent (e.g., 1,2 dimethoxyethane (DME)) that partitions towards the cathode and is favorable towards the cathode”
(page 24, lines 7-10)
Scordilis teaches various benefits of having these different solvents at the anode with respect to the cathode, including longer cell life (page 24, lines 21-24). It would have been obvious, to one of ordinary skill in the art, before the effective filing date of the invention, for the positive electrode electrolyte solvent to be different from the negative electrode electrolyte solvent, as taught by Scordilis, for longer cell life.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ROBERT WEST whose telephone number is 703-756-1363 and email address is Robert.West@uspto.gov. The examiner can normally be reached Monday-Friday 10 am - 7 pm ET.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at 303-297-4684.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/R.G.W./Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
1 https://www.dictionary.com/browse/mesh
2 https://www.thefreedictionary.com/mesh
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