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 .
Election/Restrictions
Applicant’s election of claims 1-4 in the reply filed on 7/14/25 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Information Disclosure Statement
The information disclosure statements filed 5/9/22, 3/20/24, and 7/23/24 have been considered by the examiner.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-4 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Specifically, claim 1 recites the limitation "the recess" in the first line of the last indented limitation. There is insufficient antecedent basis for this limitation in the claim.
It is unclear whether “the recess” refers to one or all of “a plurality of recesses” or “a pattern of recesses” (withdrawn species). For the purposes of expediting prosecution, the limitation will be interpreted as being directed to “at least one of the plurality of recesses.” However, the limitation to “a proportion of an area of the recess” as found in the third to last line of claim 1 will be interpreted “a proportion of an area of the plurality of recesses”. Appropriate correction is required.
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.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Lei et al. (US 2019/0393513).
Regarding claim 1, Lei teaches a lithium ion battery current collector (abstract),
wherein the current collector (100) is provided with a surface layer, or first coating layer (200), on the surface in contact with the electrode active material, or second coating layer (300) (i.e. an outer active material layer) coated with a second active material (Figures 2 and 5, [0054]);
an uneven structure is provided on a surface in which the surface is in contact with the electrode active material, wherein the uneven structure is a plurality of recesses composed of closed figures, or through holes (201), as seen from above (Figure 2);
wherein the thickness of the coating layer is 2µm to 30µm thick ([0013]), and therefore the depth of the recesses are up to 30µm deep, and a proportion of an area of the recesses as seen from above is 1% to 20% of the cross-sectional area of the coating layer ([0006]). It is noted that the ranges of Lei overlap the claimed ranges. Absent any additional and more specific information, a prima facie case of obviousness exists. MPEP 2144.05 I
With further regard to claim 1 and with regard to claim 3, Lei is silent on the lengths and aspect ratios of the recesses. However, Lei teaches that the shape, size, and arrangement of the recesses regulates the ratio of cross-sectional area, which is result effective for balancing cycle life improvement and battery safety performance ([0055]). It would have been obvious to the skilled artisan at the time of the invention to discover workable ranges for the lengths and aspect ratios of the recesses, since it has been held that discovering workable ranges is within the ordinary level of skill in the art. MPEP 2144.05 II A
As for claim 2, Lei teaches that the recesses have different shapes of figures as seen from above (Figure 3; [0007]).
Regarding claim 4, Lei teaches that the recesses may have an elliptical shape ([0007]).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ALIX ECHELMEYER EGGERDING whose telephone number is (571)272-1101. The examiner can normally be reached 8:30am - 4:30pm.
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/ALIX E EGGERDING/Primary Examiner, Art Unit 1729