DETAILED ACTION
Introductory Notes
Any paragraph citation of the instant is in reference to the U.S. published patent application.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 9/25/2025 has been entered.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 5, 7-10, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over SAKA (US 20170256776 A1, supplied with the IDS of 4/1/2024) in view of HARA (US 20190181424 A1) in view of BARKER (US 20070009800 A1).
Regarding claim 1, SAKA discloses an electrode (“positive electrode” [0010]) comprising: an electrode active material layer comprising an electrode active material (“a positive electrode mixture layer” [0010] and a binder (“binder” [0056]);
an electrode current collector on one surface or between two surfaces of the electrode active material layer (“a positive electrode mixture layer that has a main surface and is formed on the positive electrode current collector” [0010]);
and an interlayer between the electrode active material layer and the electrode current collector (“a conductive layer containing a conductive material and a binder may be formed between … the second layer 12b and the positive electrode current collector 11” [0054]),
wherein the electrode active material layer comprises: a first electrode active material layer comprising a first electrode active material and contacting the interlayer (“a second layer that is formed closer to the positive electrode current collector side” [0010] as well as “second layer (lower layer)” [0144], Fig. 5, element 12b; notably the second layer of SAKA maps to the first layer in the instant);
and a second electrode active material layer arranged on the first electrode active material layer and including a second electrode active material (“a first layer that includes the main surface” [0010] as well as “first layer (upper layer)” [0144], Fig. 5, element 12a; notably the first layer of SAKA maps to the second layer in the instant).
SAKA does not expressly teach the thickness of the interlayer.
HARA is directed to a positive electrode for non-aqueous electrolyte secondary battery [0001] as well as a carbon layer and a positive-electrode active material layer provided on the carbon layer [0017], similar to SAKA.
HARA discloses “carbon paste was applied to an aluminum foil … forming a coating film; and a carbon layer having a thickness of about 2 μm” [0090] wherein the carbon paste includes “Carbon powder and polyvinylidene fluoride (PVDF)” [0090], notably reading on the claimed limitations.
Furthermore, HARA discloses “the carbon layer 2 is 1 μm or more to 5 μm or less in thickness” [0062] rendering the claimed range obvious.
HARA teaches the structure allows for “novel overcharge protection functions” [0016] thereby improving “safety” [0022] and “carbon layer can also function as an electron-conducting path” [0019]. HARA further teaches a “thick carbon layer 2 may cause some effect on a thickness of the positive electrode 5, and a thin carbon layer may cause the formation of some pinhole” [0062].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to utilize the thickness of carbon coating of HARA on the current collector of SAKA in order to improve safety and electron conducting while balancing overall thickness with formation of pinholes.
Following the addition, modified SAKA discloses a thickness of the interlayer is about 10 nm to about 1.5 um (as taught by HARA).
In regard to the following limitations:
wherein the first electrode active material layer has, as measured by a surface and interfacial cutting analysis system (SAICAS), a first ratio of change of vertical relative force (FvR) between a first point, which is 5% away from a surface of the first electrode active material layer facing away from the electrode current collector, and a second point, which is 5% away from a surface ofthe first electrode active material layer facing the electrode current collector with respect to a total thickness of the first electrode active material layer, the second electrode active material layer has, as measured by the SAICAS, a second ratio of change of vertical relative force (FvR) between a third point, which is 5% away from a surface of the second electrode active material layer facing away from the first electrode active material layer, and a fourth point, which is 5% away from a surface of the second electrode active material layer facing the first electrode active material layer with respect to a total thickness of the second electrode active material layer, … the first ratio of change of the first electrode active material layer is 300% or less, the second ratio of change of the second electrode active material layer is 300% or less.
SAKA discloses the use of binder PVdF [0107], as in the instant at [0190]; lithium iron phosphate for a one active material [1013], as in the instant at [0189]; lithium nickel cobalt manganese composite oxide (NCM) [0107] for the other active material, as in the instant at [0098] in Formula 2; NMP as the solvent to prepare the slurry [0107], as in the instant at [0203]; and acetylene black (AB) as a conductive material [0107], as in the instant at [0189].
While SAKA does not specifically address the limitations in regard to the SAICAS measured ratios, SAKA teaches the method steps and structure, which are the same as those instantly claimed absent any clear and convincing evidence and/or arguments to the contrary. Examiner notes no special methods are apparent in the instant disclosure that would make any properties of the underlying components and structures unique.
As a prima facie case of obviousness has been set forth on the record, and because the USPTO does not possess the laboratory facilities to test and compare the prior art to the claimed invention, the burden shifts to applicant to demonstrate otherwise.
Regarding the limitation “a thickness of the electrode current collector is 14 µm or less”, PHOSITA at the time of filing would have readily known of the availability and use of current collectors having a thickness of 14 µm or less. Furthermore, SAKA discloses in examples the use of a current collector of “Al foil having a thickness of 15 μm” [0109] and PHOSITA could readily envision the use of a current collector that is 14 µm from such a disclosure.
BARKER discloses “current collector 22,24 is a foil or grid of an electrically conductive metal such as iron, copper, aluminum, titanium, nickel, stainless steel, or the like, having a thickness of between 5 μm and 100 μm, preferably 5 μm and 20 μm” [0093]. BARBER notably further discloses the treating and coating the current collector [0093], like SAKA.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to that the thickness of the current collector is a design variable well within the control of PHOSITA and that the 15 µm of Al foil SAKA may be substituted for a different thickness such as the 5 to 20 µm Al foil of BARKER.
Therefore, modified SAKA discloses a thickness of the electrode current collector is 14 µm or less (as taught by BARKER).
Regarding claim 5, modified SAKA discloses all the claim limitations as set forth above and SAKA further discloses a porosity of the first electrode active material layer is smaller than that of the second electrode active material layer (“the maximum pore size of the first layer 12 a can be controlled, for example, by adjusting the BET specific surface area of the LFP 1 contained in the first layer 12 a … as the BET specific surface area of LFP powder is decreased, the size of pores contained in the first layer 12 a can be increased” [0061], wherein the first layer of SAKA maps to the second electrode active material layer of the instant; SAKA therefore discloses the control of the porosity of the first and second layers).
Regarding claim 7, modified SAKA discloses all the claim limitations as set forth above and SAKA further discloses the electrode current collector has a form selected from a sheet, a foil, a film, a plate, a porous body, a mesoporous body, a through-hole-containing body, a polygonal ring body, a mesh body, a foam, and a non-woven body (“Al foil” [0109]).
Regarding claim 8, modified SAKA discloses all the claim limitations as set forth above and SAKA further discloses the binder is a dry binder, the dry binder comprises a fibrillized binder, and the dry binder comprises a fluorine-based binder, the electrode active material layer is a self-standing film, and the electrode active material layer is free of a residual process solvent (“Powder of a positive electrode active material (NCM), powder of a conductive material (AB), and powder of a binder (PVdF) were kneaded with a solvent (NMP) to obtain a positive electrode mixture paste” [0107], similar to the instant steps outlined in [0131-0139]).
Regarding claim 9, modified SAKA discloses all the claim limitations as set forth above and SAKA further discloses the electrode active material layer further comprises a conductive material, the conductive material is a dry conductive material, and the dry conductive material comprises a carbonaceous conductive material (“acetylene black” [0075]).
Regarding claim 10, modified SAKA discloses all the claim limitations as set forth above and SAKA further discloses the interlayer is directly on one surface or two surfaces of the electrode current collector (“a conductive layer containing a conductive material and a binder may be formed between … the second layer 12b and the positive electrode current collector 11” [0054]), the interlayer comprises a carbonaceous conductive material (“acetylene black (AB), Ketjen black (registered trade name), flaky graphite, lump graphite, amorphous graphite, and vapor-grown carbon fiber (VGCF)” [0075], all of which are cabonaceous), the interlayer further comprises a binder (“a conductive layer containing a conductive material and a binder” [0054]), and the binder comprises a fluorine-based binder (“polyvinylidene fluoride (PVdF) or polytetrafluoroethylene (PTFE)” [0077]).
Regarding claim 17, modified SAKA discloses all the claim limitations as set forth above and SAKA further discloses a lithium battery comprising: a cathode; an anode; and an electrolyte between the cathode and the anode, wherein one or more of the cathode and the anode is the electrode according to claim 1 (“a nonaqueous electrolyte secondary battery including … a positive electrode and a negative electrode” [0010] as well as the use of “lithium iron phosphate and lithium nickel cobalt manganese composite oxide” [0010]).
Regarding claim 18, modified SAKA discloses all the claim limitations as set forth above and SAKA further discloses the lithium battery is selected from a lithium-ion battery and a lithium solid battery (“lithium ions” [0013]).
Regarding claim 19, modified SAKA discloses all the claim limitations as set forth above and SAKA further discloses an electrode assembly which “may be a laminate type (also referred to as “stack type”)” [0099].
Claims 1, 3, 5, 7-10, and 17-19 are rejected under 35 U.S.C. 103 as being unpatentable over SAKA in view of HARA in view of BARKER in view of JANG (US 20220059844 A1).
Regarding claim 1, SAKA discloses an electrode (“positive electrode” [0010]) comprising: an electrode active material layer comprising an electrode active material (“a positive electrode mixture layer” [0010] and a binder (“binder” [0056]);
an electrode current collector on one surface or between two surfaces of the electrode active material layer (“a positive electrode mixture layer that has a main surface and is formed on the positive electrode current collector” [0010]);
and an interlayer between the electrode active material layer and the electrode current collector (“a conductive layer containing a conductive material and a binder may be formed between … the second layer 12b and the positive electrode current collector 11” [0054]),
wherein the electrode active material layer comprises: a first electrode active material layer comprising a first electrode active material and contacting the interlayer (“a second layer that is formed closer to the positive electrode current collector side” [0010] as well as “second layer (lower layer)” [0144], Fig. 5, element 12b);
and a second electrode active material layer arranged on the first electrode active material layer and including a second electrode active material (“a first layer that includes the main surface” [0010] as well as “first layer (upper layer)” [0144], Fig. 5, element 12a).
SAKA does not expressly teach the thickness of the interlayer.
HARA is directed to a positive electrode for non-aqueous electrolyte secondary battery [0001] as well as a carbon layer and a positive-electrode active material layer provided on the carbon layer [0017], similar to SAKA.
HARA discloses “carbon paste was applied to an aluminum foil … forming a coating film; and a carbon layer having a thickness of about 2 μm” [0090] wherein the carbon paste includes “Carbon powder and polyvinylidene fluoride (PVDF)” [0090], notably reading on the claimed limitations.
Furthermore, HARA discloses “the carbon layer 2 is 1 μm or more to 5 μm or less in thickness” [0062] rendering the claimed range obvious.
HARA teaches the structure allows for “novel overcharge protection functions” [0016] thereby improving “safety” [0022] and “carbon layer can also function as an electron-conducting path” [0019]. HARA further teaches a “thick carbon layer 2 may cause some effect on a thickness of the positive electrode 5, and a thin carbon layer may cause the formation of some pinhole” [0062].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to utilize the thickness of carbon coating of HARA on the current collector of SAKA in order to improve safety and electron conducting while balancing overall thickness with formation of pinholes.
Following the addition, modified SAKA discloses a thickness of the interlayer is about 10 nm to about 1.5 um (as taught by HARA).
In regard to the following limitations:
wherein the first electrode active material layer has, as measured by a surface and interfacial cutting analysis system (SAICAS), a first ratio of change of vertical relative force (FvR) between a first point, which is 5% away from a surface of the first electrode active material layer facing away from the electrode current collector, and a second point, which is 5% away from a surface ofthe first electrode active material layer facing the electrode current collector with respect to a total thickness of the first electrode active material layer, the second electrode active material layer has, as measured by the SAICAS, a second ratio of change of vertical relative force (FvR) between a third point, which is 5% away from a surface of the second electrode active material layer facing away from the first electrode active material layer, and a fourth point, which is 5% away from a surface of the second electrode active material layer facing the first electrode active material layer with respect to a total thickness of the second electrode active material layer, … the first ratio of change of the first electrode active material layer is 300% or less, the second ratio of change of the second electrode active material layer is 300% or less.
SAKA discloses the use of binder PVdF [0107], as in the instant at [0190]; lithium iron phosphate for a one active material [1013], as in the instant at [0189; lithium nickel cobalt manganese composite oxide (NCM) [0107] for the other active material, as in the instant at [0098] in Formula 2; NMP as the solvent to prepare the slurry [0107], as in the instant at [0203]; and acetylene black (AB) as a conductive material [0107], as in the instant at [0189].
SAKA does not expressly teach the measurement of cohesive force using SAICAS.
JANG is directed to a secondary battery with more than one active material layer [0008], similar to SAKA.
JANG discloses the use of “Surface And Interfacial Cutting Analysis System (SAICAS)” [0030] to determine a ratio (B/A) of cohesive force between (A) lower region of 15% or less and (B) an upper region of 85% or more from the current collector based on the total thickness of the electrode mixture layer, see Fig. 1 and paragraphs [0028-0029]. The electrode mixture layer includes both active material layers, or slurries, per Example 1: “first slurry … second slurry [0047], and Table 1: “Cohesive force … of the mixture layer”. The points of 15% or less and 85% or more of total thickness read on the claimed 5% from each surface for each electrode active material layer. JANG further discloses “an amount of a binder included in the first electrode slurry is greater than an amount of a binder included in the second electrode slurry” [0012] and “the binder in the electrode mixture layer 20 is uniformly distributed and the lifespan characteristics are improved, and further a peeling phenomenon of the electrode can be prevented” [0027].
In regards to the limitations that “the first ratio of change of the first electrode active material layer is 300% or less” and “the second ratio of change of the second electrode active material layer is 300% or less”, JANG discloses the ratio for the entire mixture layer from upper to lower is “less than 1.5” per claim 1 wherein the 1.5 (or 150%) for the mixture layer (which includes both first and second active material layers as discussed previously) reads on the 300% or less for the first and second ratios.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to add the measurement of cohesive force using SAICAS of JANG to the electrode of SAKA in order to improve the lifespan of the electrode and prevent peeling.
Following the addition, modified SAKA discloses the limitations toward SAICAS and the first and second ratios.
Regarding the limitation “a thickness of the electrode current collector is 14 µm or less”, PHOSITA at the time of filing would have readily known of the availability and use of current collectors having a thickness of 14 µm or less. Furthermore, SAKA discloses in examples the use of a current collector of “Al foil having a thickness of 15 μm” [0109] and PHOSITA could readily envision the use of a current collector that is 14 µm from such a disclosure.
BARKER discloses “current collector 22,24 is a foil or grid of an electrically conductive metal such as iron, copper, aluminum, titanium, nickel, stainless steel, or the like, having a thickness of between 5 μm and 100 μm, preferably 5 μm and 20 μm” [0093]. BARBER notably further discloses the treating and coating the current collector [0093], like SAKA.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to that the thickness of the current collector is a design variable well within the control of PHOSITA and that the 15 µm of Al foil SAKA may be substituted for the a different thickness such as the 5 to 20 µm Al foil of BARKER.
Therefore, modified SAKA discloses a thickness of the electrode current collector is 14 µm or less (as taught by BARKER).
Regarding claim 3, modified SAKA discloses all the claim limitations as set forth above and JANG further discloses the SAICAS measurements of mixture layer as discussed in the rejection of claim 1. Such measurements, even if performed only once per location, read on mean values. JANG discloses the first mean value of the first electrode active material layer is greater than the second mean value of the second electrode active material layer (“a ratio (B/A) … less than 1.5”, claim 1, wherein the range less than 1 is disclosed and less than 1 reads on the first mean (lower or A of JANG) being greater than the second mean (upper or B of JANG)). Furthermore, JANG discloses “amount of the binder included in the first electrode slurry is 2 to 10% … and the amount of the binder included in the second electrode slurry is 6% by weight or less” [0013] wherein the binder amounts allow for adjustment in the B/A ratio.
Regarding claim 5, modified SAKA discloses all the claim limitations as set forth above and SAKA discloses a porosity of the first electrode active material layer is smaller than that of the second electrode active material layer (“the maximum pore size of the first layer 12 a can be controlled, for example, by adjusting the BET specific surface area of the LFP 1 contained in the first layer 12 a … as the BET specific surface area of LFP powder is decreased, the size of pores contained in the first layer 12 a can be increased” [0061], wherein the first layer of SAKA maps to the second electrode active material layer of the instant; SAKA therefore discloses the control of the porosity of the first and second layers).
Regarding claim 7, modified SAKA discloses all the claim limitations as set forth above and SAKA discloses the electrode current collector has a form selected from a sheet, a foil, a film, a plate, a porous body, a mesoporous body, a through-hole-containing body, a polygonal ring body, a mesh body, a foam, and a non-woven body (“Al foil” [0109]).
Regarding claim 8, modified SAKA discloses all the claim limitations as set forth above and SAKA discloses the binder is a dry binder, the dry binder comprises a fibrillized binder, and the dry binder comprises a fluorine-based binder, the electrode active material layer is a self-standing film, and the electrode active material layer is free of a residual process solvent (“Powder of a positive electrode active material (NCM), powder of a conductive material (AB), and powder of a binder (PVdF) were kneaded with a solvent (NMP) to obtain a positive electrode mixture paste” [0107], similar to the instant steps outlined in [0131-0139]).
Regarding claim 9, modified SAKA discloses all the claim limitations as set forth above and SAKA discloses the electrode active material layer further comprises a conductive material, the conductive material is a dry conductive material, and the dry conductive material comprises a carbonaceous conductive material (“acetylene black” [0075]).
Regarding claim 10, modified SAKA discloses all the claim limitations as set forth above and SAKA further discloses the interlayer is directly on one surface or two surfaces of the electrode current collector (“a conductive layer containing a conductive material and a binder may be formed between … the second layer 12b and the positive electrode current collector 11” [0054]), the interlayer comprises a carbonaceous conductive material (“acetylene black (AB), Ketjen black (registered trade name), flaky graphite, lump graphite, amorphous graphite, and vapor-grown carbon fiber (VGCF)” [0075], all of which are cabonaceous), the interlayer further comprises a binder (“a conductive layer containing a conductive material and a binder” [0054]), and the binder comprises a fluorine-based binder (“polyvinylidene fluoride (PVdF) or polytetrafluoroethylene (PTFE)” [0077]).
Regarding claim 17, modified SAKA discloses all the claim limitations as set forth above and SAKA discloses a lithium battery comprising: a cathode; an anode; and an electrolyte between the cathode and the anode, wherein one or more of the cathode and the anode is the electrode according to claim 1 (“a nonaqueous electrolyte secondary battery including … a positive electrode and a negative electrode” [0010] as well as the use of “lithium iron phosphate and lithium nickel cobalt manganese composite oxide” [0010]).
Regarding claim 18, modified SAKA discloses all the claim limitations as set forth above and SAKA discloses the lithium battery is selected from a lithium-ion battery and a lithium solid battery (“lithium ions” [0013]).
Regarding claim 19, modified SAKA discloses all the claim limitations as set forth above and SAKA discloses an electrode assembly which “may be a laminate type (also referred to as “stack type”)” [0099].
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over SAKA in view of HARA in view of BARKER in view of JANG in view of KIM (US 20180006291 A1).
Regarding claim 4, modified SAKA does not expressly teach a third electrode active material layer; nor does modified SAKA teach that the third mean is greater than the first mean or the third mean is greater than the second mean and smaller than the first mean.
KIM is directed to a multilayer electrode, similar to SAKA and JANG.
KIM discloses “three or more electrode mixture layers are preferably provided to reduce the difference in the content of the conducting agent between the adjacent electrode mixture layers” [0016]. KIM discloses Fig. 2 including electrode mixture layers 110, 120, and 130. It is noted in KIM the ordering of layers from current collector to separator is first, second, then third and in the instant the ordering is first, third, then second. KIM discloses example 1, beginning at [0069], wherein the binder content of the first, second, and third layers were 5%, 4%, and 3% respectively. The decrease in binder from first to second to third layers in KIM therefore indicates an decrease of bonding force, which therefore indicates a decrease in SAICAS value as taught by JANG. The order of KIM reads on the final or statement of claim 4, notably the third mean value (KIM second layer) is greater than the second mean value (KIM third layer) and smaller than the first mean value (KIM first layer).
KIM teaches that with the multilayer structure it is “possible to improve the capacity and output characteristics of a secondary battery including the electrode according to the present invention” [0082].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to utilize the three-layer structure of KIM in the electrode of modified SAKA in order to improve the capacity and output characteristics.
Following the addition, modified SAKA discloses a third electrode active material layer between the first electrode active material layer and the second electrode active material layer (as taught by KIM), a SAICAS measurement (as taught by JANG), wherein the third mean value is greater than the first mean value, or the third mean value is greater than the second mean value and smaller than the first mean value (as taught by KIM).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over SAKA in view of HARA in view of BARKER in view of JANG in view of KIM in view of TAKAYAMA (US 20230128084 A1).
Regarding claim 6, modified SAKA does not expressly teach a third electrode active material layer; nor does modified SAKA teach that the third mean is greater than the first mean or the third mean is greater than the second mean and smaller than the first mean.
KIM is directed to a multilayer electrode, similar to SAKA and JANG.
KIM discloses “three or more electrode mixture layers are preferably provided to reduce the difference in the content of the conducting agent between the adjacent electrode mixture layers” [0016]. KIM discloses Fig. 2 including electrode mixture layers 110, 120, and 130. It is noted in KIM the ordering of layers from current collector to separator is first, second, then third and in the instant the ordering is first, third, then second. KIM discloses example 1, beginning at [0069], wherein the conductive and binder content of the first, second, and third layers differ.
KIM teaches that with the multilayer structure it is “possible to improve the capacity and output characteristics of a secondary battery including the electrode according to the present invention” [0082].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to utilize the three-layer structure of KIM in the electrode of modified SAKA in order to improve the capacity and output characteristics.
Modified SAKA does not expressly teach the relative porosity of each layer.
TAKAYAMA is directed to an electrode for lithium-ion battery as in SAKA.
TAKAYAMA discloses Fig. 2 with three regions, 31a, 31b, and 31c which are first, second and third regions respectively. TAKAYAMA discloses “a porosity of the second region is higher than a porosity of the first region” in claim 1 and “a porosity (c) of the third region is higher than the porosity (b) of the second region” in claim 5. Therefore, TAKAYAMA discloses an increase in porosity across three regions from the region closest to the current collector to furthest. The order of TAKAYAMA reads on the final or statement of claim 6, notably the third porosity (TAKAYAMA second layer) is greater than the first porosity (TAKAYAMA first layer) and smaller than the second porosity (TAKAYAMA third layer). In other words, higher porosity closest to the separator and lowest porosity closest to the current collector.
TAKAYAMA teaches the structure allows for “good penetration of the electrolyte solution” [0007] and “excellent high rate performance” [0007].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to order the porosity of layers in modified SAKA in the manner taught by TAKAYAMA in order to allow for electrolyte penetration.
Following the additions, modified SAKA discloses a third electrode active material layer between the first electrode active material layer and the second electrode active material layer (as taught by KIM) wherein a porosity of the third electrode active material layer is greater than that of the first electrode active material layer and smaller than that of the second electrode active material layer (as taught by TAKAYAMA).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over SAKA in view of HARA in view of BARKER in view of JANG in view of PARK (US 20150037680 A1, supplied with the IDS of 7/5/2023) in view of KAWAMURA (US 20150333319 A1).
Regarding claim 11, SAKA discloses a lithium transition metal oxide (“lithium nickel cobalt manganese composite oxide” [0011]).
Modified SAKA does not expressly teach a core including a lithium transition metal oxide; and a shell provided along a surface of the core, the shell comprises: one or more first metal oxides represented by the formula of MaOb.
PARK is directed to a cathode active material for a lithium battery, similar to SAKA.
PARK discloses “a core comprising a core comprising the composite oxide capable of intercalation and deintercalation of lithium; and a shell on at least a portion of the composite oxide core, the shell comprising the carbon nanostructure and the material which is chemically inert to lithium” (claim 2) wherein the material which is chemically inert to lithium includes “(M5)Ox [Formula 5] wherein, in Formula 5, M5 is Al, V, Nb, Mo, W, Mn, Cr, Zr, Si, Mg, Ca, Y, Ba, B, Ta, In, Ag, Ti, Fe, Co, Ni, Cu, Zn, Sn, La, or a combination thereof, and x is 0<x≤6” (claim 10). PARK provides Example 1 with a “Al2O3 on the lithium transition metal oxide (Li1.18Ni0.17Co0.1Mn0.56O2) core” [0104].
PARK teaches a “lithium battery including the composite cathode active material can have improved charge/discharge rate characteristics and improved lifetime characteristics” [0019].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to utilize the core and shell structure of PARK in the electrode of SAKA in order to improve charge/discharge rate characteristics as well as lifetime.
SAKA discloses the use of conductive material with examples of carbon-based materials [0075].
Modified SAKA does not expressly teach a graphene matrix.
KAWAMURA is directed to a positive electrode active material for a lithium-ion battery [0001], similar to SAKA.
KAWAMURA discloses “formation of positive electrode active material particles/a matrix containing graphene (hereinafter, sometimes referred to as merely “matrix”) composite” [0030] and that the “matrix in the composite particle of the present invention has at least a portion of the active material particles embedded therein” [0038]. KAWAMURA further discloses the “composite particle of the present invention can be produced, for example, by a step of mixing/pulverizing graphene oxide and positive electrode active material particles” [0044] and the “oxygen atoms in the graphene oxide to carbon atoms is not less than 0.3 and not more than 1”, notably not an integer value.
KAWAMURA teaches the structure “improves electron conductivity while suppressing hindrance of the extraction from/insertion into the active material particle of the lithium ions” [0024].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to utilize the graphene matrix of KAWAMURA for the electrode of modified SAKA in order to
Following the additions, modified SAKA discloses one or more of the first electrode active material and the second electrode active material is a composite cathode active material, the composite cathode active material comprises: a core including a lithium transition metal oxide; and a shell provided along a surface of the core, the shell comprises: one or more first metal oxides represented by the formula of MaOb (as taught by PARK) (wherein O < a ≤ 3, O < b < 4, and b is not an integer when a is 1, 2, or 3) (wherein the a and b values are taught by PARK in view of KAWAMURA in that b may be a non-integer value due to interaction with graphene and/or graphene oxide); and graphene (as taught by KAWAMURA), and the one or more first metal oxides are in a graphene matrix (as taught by PARK in view of KAWAMURA), and M is at least one metal selected from Groups 2 to 13, 15 and 16 of the periodic table of the elements (as taught by PARK).
Claims 12-16 are rejected under 35 U.S.C. 103 as being unpatentable over SAKA in view of HARA in view of BARKER in view of JANG in view of PARK (US 20180212277 A1, supplied with the IDS of 4/1/2024, hereinafter PARK’277).
Regarding claim 12 and 13, SAKA does not expressly teach the area of the current collector is less than the area of the active material.
PARK’277 is directed to an electrode assembly for a lithium secondary battery, similar to SAKA.
PARK’277 discloses “negative electrode current collector may have an area of greater than 0% and less than to 100% with respect to an area of the lithium negative electrode mixture” [0025] and Fig. 6 with various arrangements of the smaller area current collector vs the larger area electrode mixture.
PARK’277 teaches advantages including “corrosion reaction does not occur” [0029] and that it is “economical” [0030].
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to use the current collector to electrode mixture relative areas of PARK’277 in the electrode of modified SAKA in order to limit corrosion reactions and improved economy.
Following the addition, modified SAKA discloses the area of the current collector is less than the area of the active material (as taught by PARK’277).
Regarding claim 14, modified SAKA discloses all the claim limitations as set forth above and SAKA further discloses “an exposure portion EP where a current collector (typically, metal foil) is exposed at an end portion on one side in a width direction” [0048]. Furthermore, PARK’277 discloses a tab (Figs. 2-6, element 15).
Regarding claim 15, modified SAKA discloses all the claim limitations as set forth above and SAKA further discloses an electrode assembly which “may be a laminate type (also referred to as “stack type”)” [0099]. Furthermore, modified SAKA discloses all the claim limitations as set forth above and PARK’277 further discloses “a structure is laminated in plural numbers” [0040 and 0041] as well as “stack type, a stack-folding type (including stack-Z-folding type), or a lamination-stack type” [0093].
Regarding claim 16, modified SAKA discloses all the claim limitations as set forth above and PARK’277 further discloses a first region which is between the first surface and the second surface and in which the electrode current collector is located (Fig. 6); and a second region which is between the first surface and the second surface and is free of the electrode current collector (Fig. 6), and a mixture density of the second region is less than 100% of that of the first region (because the second region does not have the current collector and only the electrode mixture and further because the current collector is more dense than the electrode mixture, the second region will have a density less than that of the first region).
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 1-19 are provisionally rejected on the ground of nonstatutory double patenting as being unpatentable over claims 1, 4-7, 9-13, and 15-18 of copending Application No. 17/646,608 (hereinafter ‘608, US 20220209220 A1) in view of SAKA in view of BARKER.
Claims 1 and 8 of ‘608 are as follows:
PNG
media_image1.png
1133
1365
media_image1.png
Greyscale
PNG
media_image2.png
324
1368
media_image2.png
Greyscale
Notably ‘608 does not include a second electrode active layer.
SAKA discloses a second electrode active material layer arranged on the first electrode active material layer and including a second electrode active material (“the positive electrode mixture layer has a two-layer structure” [0012]; “a first layer that includes the main surface” [0010] as well as “first layer (upper layer)” [0144], Fig. 5, element 12a; notably the first layer of SAKA maps to the second layer in the instant). SAKA teaches that accordingly “a nonaqueous electrolyte secondary battery can be provided in which the output in a low SOC is high” [0024].
It would have been obvious to one of ordinary skill in the art to add the second electrode active SAKA to the electrode of ‘608 in order to provide high output in a low state of charge. Therefore, modified ‘608 discloses at least independent claim 1 on the instant.
Regarding the thickness of the interlayer, the instant states “thickness of the interlayer is about 10 nm to about 1.5 um” while claim 8 of ‘608 states “30% or less” wherein 30% or less reads on the claimed range and both the instant and ‘608 give the same values for the thickness in instant paragraph [0080] and ‘608 paragraph [0066].
Regarding the limitation “a thickness of the electrode current collector is 14 µm or less”, PHOSITA at the time of filing would have readily known of the availability and use of current collectors having a thickness of 14 µm or less. Furthermore, SAKA discloses in examples the use of a current collector of “Al foil having a thickness of 15 μm” [0109] and PHOSITA could readily envision the use of a current collector that is 14 µm from such a disclosure.
BARKER discloses “current collector 22,24 is a foil or grid of an electrically conductive metal such as iron, copper, aluminum, titanium, nickel, stainless steel, or the like, having a thickness of between 5 μm and 100 μm, preferably 5 μm and 20 μm” [0093]. BARBER notably further discloses the treating and coating the current collector [0093], like SAKA.
Before the effective filing date of the claimed invention, it would have been obvious to one of ordinary skill in the art to that the thickness of the current collector is a design variable well within the control of PHOSITA and that the 15 µm of Al foil SAKA may be substituted for the a different thickness such as the 5 to 20 µm Al foil of BARKER.
Therefore, modified SAKA discloses a thickness of the electrode current collector is 14 µm or less (as taught by BARKER).
Claim mapping as follows:
Instant
17/646,608
Instant
17/646,608
1
1+8
11
10
3
12
11
4
13
12
5
14
13
6
15
7
4
16
15
8
5+7
17
16
9
6
18
17
10
9
19
18
This is a provisional nonstatutory double patenting rejection.
Response to Arguments
Regarding art-based rejections, applicant’s arguments with respect to the claims have been considered but are moot because the new ground of rejection does not rely on any interpretation applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRAVIS L MARTIN whose telephone number is (703)756-5449. The examiner can normally be reached M-F, 8am-5pm 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. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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.
/T.L.M./Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721