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 .
Response to Amendment
This is a final office action in response to Applicant's remarks and amendments filed on 1/15/2026. Claims 1, 3, 5 and 7 currently amended. Claims 2, 4 and 6 cancelled. Claims 1, 3, 5 and 7 pending review in this action.
The 35 U.S.C. 103 rejections in the previous Office Action are withdrawn.
New grounds of rejection necessitated by Applicant's amendments are presented below.
Response to Arguments
Applicant’s arguments with respect to amended claim 1 in view of Hara have been considered but are moot because the arguments do not apply to the combination of references being used in the current rejection. Specifically, the disclosing reference, Hara (US201500280241A1), is replaced herein with a newly cited reference Kataoka (US20160126557A1).
Applicant further argues that Nagata fails to teach or render obvious the limitation “wherein in the positive electrode the porosity of the third active material layer is C and the porosity of the fourth active material layer is D, and 1.2 < C/D < 3.5 is satisfied. Applicant submits that Nagata fails to disclose a preferred range for the relationship between the porosities of the respective layers. However, Examiner points to paragraphs [0045-46] of Nagata which teaches that the porosity of the fourth active material layer (“first active material layer” of Nagata) is 20 to 90%, the porosity of the third active material layer (“second active material layer” of Nagata) is 10 to 70%, such that, when the porosity of the third material layer is C and the porosity of the fourth material layer is D, C/D > 90/70, or 1.28 (i.e., as stated before, Nagata describes that the porosity of the first active material layer is greater than the porosity of the second active material layer) [Nagata – pars. 0045-46], which overlaps the claimed range of 1.2 < C/D < 3.5, establishing a prima facie case of obviousness [MPEP 2144.05(I)]. Specifically, Nagata teaches that the fourth active material layer has a porosity larger than a porosity of the third active material layer, the porosity of the fourth active material being sufficiently higher so that the non-aqueous electrolyte can readily permeate to the vicinity of the current collector and a good conductive path of lithium ions can be easily formed to thereby improve charge/discharge characteristics at a high current density, and the porosity of the third active material layer being sufficiently smaller so that the third active material can serve as a protective layer by having a higher density in the vicinity of the current collector [Nagata – pars. 0033-37,0045-46].
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.
Claim(s) 1, 3 and 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kataoka (US20160126557A1) in view of Ahn (US20140287316A1) and Nagata (US20100261066A1).
Regarding Claims 1 and 5, Kataoka a lithium ion secondary battery [pars. 0067] comprising:
a negative electrode (electrode structure 110 constituted as a negative electrode and including current collector 100) [pars. 0027-30,0071; Fig. 1-3] comprising:
a metal foil (foil 102) [par. 0027; Fig. 2];
a conductive layer (conductive resin layer 103) [par. 0027; Fig. 2]; and
an active material layer 105 formed on at least a part of a surface on a side opposite to a side of the metal foil of surfaces of the conductive layer [par. 0028; Fig. 2], wherein
the conductive layer 103 consists of electrically conductive particles 115 (e.g., carbon particles) and an insulating resin (resin layer 116, e.g., SBR) [pars. 0037-40; Fig. 3],
a thickness of the conductive layer is 1.0 to 20 μm, which overlaps with the claimed range of 5.00 μm or more, or 11 μm or less [par. 0050] (pertains to claims 1 and 5), establishing a prima facie case of obviousness [MPEP 2144.05(I)],
wherein when an occupied area per unit area of the electrically conductive particles as the conductive layer is viewed from a thickness direction is A, and an occupied area per unit area of the insulating resin is B, 0.45 < A/B < 1.0 is satisfied (i.e., an area occupying ratio of the conductive particles 115 at the surface of the conductive resin layer 103 is 45% or higher) [pars. 0045-46], which falls within the claimed range area per unit area of 0.0.11 < A/B < 1.0,
a positive electrode (electrode structure 110 constituted as a positive electrode and including current collector 100) [pars. 0027-32; Fig. 1-3]; and
a separator (not shown) between the negative electrode and the positive electrode [par. 0067], wherein the positive electrode comprises:
a positive electrode metal foil (foil 102) [par. 0027; Fig. 2];
a positive electrode conductive layer (conductive resin layer 103) [par. 0027; Fig. 2]; and
a positive electrode active material layer 105 formed on at least a part of a surface on a side opposite to a side of the positive electrode metal foil of surfaces of the positive electrode conductive layer [par. 0028; Fig. 2], wherein
the positive electrode conductive layer 103 contains electrically conductive particles 115 (e.g., carbon particles) and an insulating resin (resin layer 116, e.g., SBR) [pars. 0037-40; Fig. 3],
a thickness of the positive electrode conductive layer is 1.0 to 20 μm, which overlaps with the claimed range of 5.00 μm or more, establishing a prima facie case of obviousness [MPEP 2144.05(I)].
Kataoka fails to disclose: (1) the active material layer contains a first active material layer and a second active material layer, the first active material layer is closer to the conductive layer, and the second active material layer has a porosity larger than a porosity of the first active material layer; and (2) (i) the positive electrode active material layer contains a third active material layer and a fourth active material layer, the third active material layer and the fourth active material layer are laminated such that the third active material layer is closer to the positive electrode conductive layer, the fourth active material layer has a porosity larger than a porosity of the third active material layer, and (ii) in the positive electrode, the porosity of the third active material layer is C and the porosity of the fourth active material layer is D, and 1.2 < C/D < 3.5 is satisfied.
Pertaining (1) above, Ahn, from the same field of endeavor, teaches a negative electrode (anode) for a lithium ion secondary battery, the wherein the active material layer contains a first active material layer (first anode active material layer (A)) and a second active material layer (second anode active material layer (B)), the first active material layer and the second active material layer are laminated such that the first active material layer is closer to the current collector, and the second active material layer has a porosity larger than a porosity of the first active material layer so that the electrode may be easily impregnated with electrolyte solution and the ion mobility may also be improved [Ahn – pars. 0021,0045,0048; Fig. 2]. Moreover, both Kataoka and Ahn teach similar negative active material (e.g., graphite) for a lithium ion battery including a liquid electrolyte [Kataoka – pars. 0079; Ahn – pars. 0024,0048]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have employed the teachings of Ahn to have modified the negative electrode active material layer of Kataoka wherein the active material layer contains a first active material layer and a second active material layer, the first active material layer and the second active material layer are laminated such that the first active material layer is closer to the conductive layer, and the second active material layer has a porosity larger than a porosity of the first active material layer so that the electrode may be easily impregnated with electrolyte solution and the ion mobility may also be improved.
Pertaining (2) (i) above, Nagata, from the same field of endeavor, teaches a positive electrode for a lithium ion secondary battery (non-aqeuous electrolyte secondary battery mitigating diffusion of lithium ions through electrode active material), positive electrode active material layer contains a third active material layer (second active material layer) and a fourth active material layer (first active material layer), the third active material layer and the fourth active material layer are laminated such that the third active material layer is closer to the positive electrode conductive layer, and the fourth active material layer has a porosity larger than a porosity of the third active material layer, the porosity of the fourth active material being sufficiently higher so that the non-aqueous electrolyte can readily permeate to the vicinity of the current collector and a good conductive path of lithium ions can be easily formed to thereby improve charge/discharge characteristics at a high current density, and the porosity of the third active material layer being sufficiently smaller so that the third active material can serve as a protective layer by having a higher density in the vicinity of the current collector [Nagata – pars. 0033-37,0045-46]. Moreover, both Kataoka and Nagata teach similar positive active material (e.g., lithium nickel oxide) for a lithium ion battery including a liquid electrolyte [Kataoka – par. 0059; Ahn – par. 0064]. Therefore, before the effective filing date of the claimed invention, it would have been obvious for an ordinary skilled artisan to have employed the teachings of Nagata to have modified the positive electrode active material layer of Kataoka, wherein the positive electrode active material layer contains a third active material layer and a fourth active material layer, the third active material layer and the fourth active material layer are laminated such that the third active material layer is closer to the positive electrode conductive layer, and the fourth active material layer has a porosity larger than a porosity of the third active material layer, the porosity of the fourth active material being sufficiently higher so that the non-aqueous electrolyte can readily permeate to the vicinity of the current collector and a good conductive path of lithium ions can be easily formed to thereby improve charge/discharge characteristics at a high current density, and the porosity of the third active material layer being sufficiently smaller so that the third active material can serve as a protective layer by having a higher density in the vicinity of the current collector.
Pertaining 2 (ii) above, modified Kataoka teaches that, in the positive electrode, the porosity of the fourth active material layer is 20 to 90%, the porosity of the third active material layer is 10 to 70%, such that, when the porosity of the third material layer is C and the porosity of the fourth material layer is D, C/D > 90/70, or 1.28 (i.e., as stated before, Nagata describes that the porosity of the first active material layer is greater than the porosity of the second active material layer) [Nagata – pars. 0045-46], which overlaps the claimed range of 1.2 < C/D < 3.5, establishing a prima facie case of obviousness [MPEP 2144.05(I)].
Regarding Claim 3, modified Kataoka teaches wherein, when the porosity of the second active material layer is C’ and the porosity of the first active material layer is D’, 1.02 < C’/D’ < 4 (i.e., D’/C’ is 5:5.1 to 2:8) [Ahn – par. 0044], which encompasses the claimed range of 1.2 < C’/D’ < 3.5, establishing a prima facie case of obviousness [MPEP 2144.05(I)].
Claim(s) 7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kataoka, Ahn and Nagata, as evidenced by Ismail (US20170260340A1).
Regarding Claim 7, Kataoka discloses wherein the insulating resin may include SBR [par. 0039] which has a resistance value of about 1.46x1014 [Table 4].
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 HAROON S SHEIKH whose telephone number is (571)270-0302. The examiner can normally be reached 9-6.
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HAROON S. SHEIKH
Primary Examiner
Art Unit 1751
/Haroon S. Sheikh/ Primary Examiner, Art Unit 1751
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