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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 April 2, 2026 has been entered.
Summary
Applicant’s arguments and claim amendments submitted on April 2, 2026 have been entered into the file. Currently, claims 2-7 and 10-13 are canceled, claim 1 is amended, and claims 15-17 are new, resulting in claims 1, 8-9, and 14-17 pending for examination.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 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 considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claims 1, 8-9, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Miyazaki (JP2006286427A, English translation used for text citations and original document used for Figure citations) in view of Yan (Yan, L., Wang, K., Luo, S., Wu, H., Luo, Y., Yu, Y., Jiang, K., Li, Q., Fan, S., Wang, J. Sandwich-structured cathodes with cross-stacked carbon nanotube films as conductive layers for high-performance lithium-ion batteries. Journal of Materials Chemistry A (2017), 5, 4047) and Awata ( JP2010170972A, English translation used for text citations, Original used for figure citations).
Regarding claim 1, Miyazaki teaches an electrode structure for a secondary battery (Fig. 4A), comprising: a current collector (2, Fig. 4A); a first active material layer formed on at least one surface of the current collector (3a, Fig. 4A); a second active material layer on the first active material layer (3b, Fig. 4A); and a conductive intermediate layer interposed between the first active material layer and the second active material layer (4 and 5, Fig. 4a) that separates the first active material layer from the second active material layer.
Miyazaki further teaches the first active material layer comprising a plurality of first active material pattern layers (3a, Fig. 4A, the first active material layer is divided into first active material pattern layers by the conduction paths 5), wherein the conductive intermediate layer fills a space between the first active material pattern layers to be in direct contact with the current collector (5, Fig. 4A; [51]). The Examiner notes that the conduction path of the conductive intermediate layer (5, Fig. 4A) of Miyazaki is filled with the material used in the conductive layers (4, Fig. 4A) ([11]).
Miyazaki further teaches the conductive material being a metal, metal alloy, or carbon material ([55]). Miyazaki does not teach the conductive intermediate layer comprising carbon nanotubes or graphene. However, Yan teaches electrodes for lithium-ion batteries (Yan, title) and that “various kinds of carbon nanomaterials such as carbon nanofibers, carbon nanotubes, and graphenes” are known conductive materials used in secondary battery electrodes and exhibit “superiority in forming long-range conducting pathways” (Yan Pg. 4047 Introduction Col. 2).
Since Miyazaki teaches that carbon materials are suitable and Yan teaches that carbon nanotubes and graphene are known and suitable carbon-based conductive materials for use in secondary battery electrodes, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to have utilized carbon nanotubes or graphene as the carbon-based material in the conductive intermediate layer of Miyazaki in order to obtain an electrode with suitable electrical conductivity for a desired battery application and achieve the predictable result of an electrode capable of electrical conduction.
Miyazaki further teaches the conductive intermediate layer having a network structure (4 and 5 together form network structure, Fig 4A).
Miyazaki does not expressly teach the first active material layer and the second active material layer being in direct contact with each other through the openings.
Awata teaches an electrode structure comprising a first active material layer, a second active material layer, and a conductive intermediate layer (Awata pg. 3 paragraph 13). Awata teaches that the conductive intermediate layer has mesh like openings, through which the first active material layer and the second active material layer are directly connected, that necessitate adhesion between the first active material layer and the second active material layer and a prevent layer separation (Awata pg. 3 paragraph 13).
Since Miyazaki and Awata both teach electrodes comprising a first active material layer, a second active material layer, and a conductive intermediate layer and Awata teaches that openings in the conductive intermediate layer through which the first and second active material layers are in direct contact can result in improved adhesion between the layers and prevent layer separation, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to form openings, as taught by Awata, in the conductive intermediate layer of Miyazaki in order to improve adhesion between the first active material layer and second active material layer and prevent layer separator, thus resulting in the conductive intermediate layer comprising openings through which a surface of the first active material layer is exposed, the conductive intermediate layer having a mesh structure, and the first active material layer and the second active material layer being in direct contact with each other through the openings.
Modified Miyazaki teaches the claimed invention above but is silent to the resistance of the first active material layer, the second active material layer, and the conductive intermediate layer.
Miyazaki teaches that their invention provides electrical conductivity within the electrode structure ([54]) and ensures electrical connection between the current collector and the conductive layer(s) ([56]). It is reasonable to presume that the resistance of the conductive intermediate layer being lower than the resistance of each of the first active material layer and the second active material layer is inherent to modified Miyazaki. Support for said presumption is found in that modified Miyazaki and the claimed invention both disclose an electrode structure comprising a first active material layer, a second active material layer, and a conductive intermediate layer comprising carbon nanotubes or graphene (Miyazaki Fig. 4A, instant claim 1) . Therefore, modified Miyazaki is expected to have the same properties of the claimed invention.
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. See MPEP 2112.01.
Additionally, Miyazaki teaches that thinner layers result in smaller resistance and that a thinner conductive intermediate layer results in improved energy density and avoids increased resistance (Miyazaki [60]). Miyazaki also teaches the total thickness of the conductive intermediate layer being less than 0.5 times the thickness of the electrode structure (Miyazaki [60]).
Since Miyazaki teaches that the purpose of the conductive layer is to ensure electrical conductivity, as described above, and that thinner layers result in smaller resistance, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to fabricate a conductive intermediate layer that has a resistance lower than each of the first and second active material layers in order to ensure suitable electrical conduction within the electrode structure and minimize electrode resistance.
Regarding claim 8, Miyazaki in view of Yan and Awata teaches all features of claim 1, as described above. Fig. 4A of Miyazaki teaches the conductive intermediate layer comprising a first portion (4) interposed between the first active material layer (3a) and the second active material layer (3b).
Miyazaki further teaches that the electrode may comprise additional stacked layers to achieve desired electrode performance ([61]) and that the addition of the conductive layers can decrease the resistance of the electrode structure ([60]). Miyazaki teaches the electrode structure having active material layers and conductive layers being alternately stacked ([37], Fig. 2).
Fig. 4A of Miyazaki does not teach a third active material layer stacked on the second active material layer and does not teach a second portion of the conductive intermediate layer interposed between the second active material layer and the third active material layer.
Since Miyazaki teaches that additional layers may be added and that the active material layers and conductive layers are alternately stacked, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to add a third active material layer and second portion of the conductive intermediate layer interposed between the second active material layer and the third active material layer to the electrode structure of Miyazaki in order to obtain an electrode with suitable electrical performance for a desired battery application. The mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See MPEP 2144.04.
Regarding claim 9, Miyazaki in view of Yan and Awata teaches all features of claims 1 and 8, as described above. Fig. 3 of Miyazaki teaches the conductive intermediate layer comprising a portion (5) extending along sidewalls of the first and second active material layers that connects the conductive layers interposed between the active material layers (3a and 3b) to the current collector (2).
Fig. 4A and 3 of Miyazaki do not explicitly teach an embodiment wherein the electrode structure includes a third active material layer, as described for instant claim 8, and the conductive intermediate layer further comprises a third portion extending along sidewalls of the first and second active material layers to connect the first and second portions.
Since Miyazaki teaches that it is suitable to add a conductive layer portion to the sidewalls of the electrode layers to provide electrical connection and conductivity, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to add a third portion of the conductive intermediate layer extending along the sidewalls of the first and second active material layers to connect the first and second portions to the modified electrode structure of Miyazaki, as described above for instant claim 8, in order to achieve electrical connection and conductivity between all of the conductive layers and the current collector.
Regarding claim 14, Miyazaki in view of Yan and Awata teaches all features of claim 1, as described above. Miyazaki further teaches a lithium secondary battery (“lithium ion secondary battery” [1]), a cathode comprising a lithium metal oxide (Example 1 [76]), and that at least one of the cathode and the anode comprises the electrode structure for a secondary battery (“at least one of the positive electrode plate and the negative electrode plate is the electrode plate for a non-aqueous electrolyte secondary battery” [70]). Miyazaki further teaches an anode facing the cathode (positive electrode plate and negative electrode plate stacked, [70]).
Miyazaki does not explicitly teach an embodiment of a lithium secondary battery comprising a cathode comprising a lithium metal oxide and an anode facing the cathode, wherein at least of the cathode and the anode comprises the electrode structure of claim 1.
However, since Miyazaki teaches that the electrode structure may be used in a lithium secondary battery, that either the anode or the cathode comprises the electrode structure, that the anode and cathode may face each other, and that a lithium metal oxide is a suitable cathode material, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to fabricate a lithium secondary battery comprising a cathode comprising a lithium metal oxide and an anode facing the cathode, wherein at least one of the cathode and the anode comprise the electrode structure for a secondary battery according to claim 1 in order to obtain a battery with suitable performance for a desired application and achieve the predictable result of a lithium secondary battery capable of intercalating and de-intercalating lithium ions.
Regarding claim 15, Miyazaki in view of Yan and Awata teaches all features of claim 1, as described above. Modified Miyazaki further teaches that the openings may have a net, rectangular, circular, triangle, pentagon, hexagon, or elliptical shape (Awata pg. 3 paragraphs 13-14).
Regarding claim 16, Miyazaki in view of Yan and Awata teaches all features of claim 1, as described above. Miyazaki further teaches that at least one of the cathode and the anode comprises the electrode structure for a secondary battery (“at least one of the positive electrode plate and the negative electrode plate is the electrode plate for a non-aqueous electrolyte secondary battery” [70]). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to form an anode comprising the structure of claim 1.
Miyazaki teaches that carbon-based active materials are suitable for use as the anode active material (natural graphite, artificial graphite, amorphous carbon, carbon black, Miyazaki [41]). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to select a carbon-based material as the main active material in the first active material layer of Miyazaki in order to obtain the predictable solution of an anode capable of intercalating and deintercalating lithium ions.
Regarding claim 17, Miyazaki in view of Yan and Awata teaches all features of claim 1, as described above. Miyazaki further teaches that at least one of the cathode and the anode comprises the electrode structure for a secondary battery (“at least one of the positive electrode plate and the negative electrode plate is the electrode plate for a non-aqueous electrolyte secondary battery” [70]). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to form an anode comprising the structure of claim 1.
Miyazaki teaches that a silicon-based material is suitable for use as the anode active material (silicon, Miyazaki [41]). Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to select a silicon-based material as the main active material in the second active material layer of Miyazaki in order to obtain the predictable solution of an anode capable of intercalating and deintercalating lithium ions.
Response to Arguments
Response – Claim Rejections 35 USC § 103
Applicant’s arguments filed April 2, 2026 have been fully considered and are not persuasive.
On page 6 of the response, Applicant appears to allege that Miyazaki does not teach the first active material layer and the second active material layer being in direct contact with each other through the openings in the conductive intermediate layer.
Applicant’s argument has been considered but is moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
On page 6 of the response, Applicant appears to allege that Miyazaki does not teach a network structure.
Applicant's arguments regarding Miyazaki failing to disclose “a network structure” fail to comply with 37 CFR 1.111(b) because they amount to a general allegation that the claims define a patentable invention without specifically pointing out how the language of the claims patentably distinguishes them from the references. As shown in Miyazaki Fig. 4A, described above, elements 4 and 5 together form a network structure.
On pages 6-7 of the response, Applicant appears to allege that Miyazaki does not teach or suggest the conductive intermediate layer having a lower resistance than the first active material layer and the second active material layer.
This argument is not persuasive. Miyazaki teaches that their invention provides electrical conductivity within the electrode structure ([54]) and ensures electrical connection between the current collector and the conductive layer(s) ([56]). It is reasonable to presume that the resistance of the conductive intermediate layer being lower than the resistance of each of the first active material layer and the second active material layer is inherent to modified Miyazaki. Support for said presumption is found in that modified Miyazaki and the claimed invention both disclose an electrode structure comprising a first active material layer, a second active material layer, and a conductive intermediate layer comprising carbon nanotubes or graphene (Miyazaki Fig. 4A, instant claim 1) . Therefore, modified Miyazaki is expected to have the same properties of the claimed invention.
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. See MPEP 2112.01.
Additionally, Miyazaki teaches that thinner layers result in smaller resistance and that a thinner conductive intermediate layer results in improved energy density and avoids increased resistance (Miyazaki [60]). Miyazaki also teaches the total thickness of the conductive intermediate layer being less than 0.5 times the thickness of the electrode structure (Miyazaki [60]).
Since Miyazaki teaches that the purpose of the conductive layer is to ensure electrical conductivity, as described above, and that thinner layers result in smaller resistance, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to fabricate a conductive intermediate layer that has a resistance lower than each of the first and second active material layers in order to ensure suitable electrical conduction within the electrode structure and minimize electrode resistance.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Kim (US 2022/0181617 A1): appears to disclose an electrode structure wherein the electrode active material layer include an electrode active material and an opening penetrating through the electrode active material layer (abstract, Fig. 1).
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/J.S.C./Examiner, Art Unit 1789 /LARISSA ROWE EMRICH/Examiner, Art Unit 1789
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