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 Arguments
Applicant's reply filed 5/14/2026 includes claim amendments and arguments corresponding to the new limitation(s). All 35 USC 112(a) and (b) rejections set forth in the previous action have been withdrawn due to Applicant’s amendments.
Applicant argues Arishima does not disclose formula (1) previously set forth by Claims 1 and 22. Applicant also argues Arishima does not disclose formula (2) previously set forth in Claim 2. Applicant states “the Office Action relies on calculated dimensions from the schematic drawings in Arishima,” and states Examiner’s annotations to the drawings are not sufficient to show obviousness.
Although the Examiner annotated Arishima’s figures to visually represent the claim mapping, the Examiner’s calculations are based on actual measurements and ranges provided by Arishima. For Claims 1, 2, and 22, the Examiner also provided citations of Arishima’s written disclosure, which includes general teachings of size/proportional relationships among the layers. For clarity of the record, Examiner’s annotated drawings with measurements have been deleted, but the previous citations of Arishima, including measurements from Example 1, have been cited again in this action.
Regarding the claimed “L1,” Arishima explicitly discloses in Example 1, “The positive electrode mixture layer 1a was coated under conditions of a width of 80 mm” ([0056]). L1 = 80 mm.
Regarding the claimed “L3,” Arishima explicitly discloses in Example 1, “The width d2 (see FIG. 6) of the mixed layer 13 to be formed between the positive electrode mixture layer 1a and the insulating layer 5 was set to 50 μm” ([0057]). The Examiner’s rejection likens a portion of the mixed layer 13 to correspond to the claimed L3. However, even if the entire mixed layer 13 corresponded to the claimed L3, both formulas (1) and (2) would still be satisfied using the maximum value of L3. See calculations below. For ease of calculation, L3 is converted to millimeters (i.e., L3 = 50 μm = 0.05 mm).
formula (1): L3/(L1 + L3) is equal to 0.05/(80 + 0.05), or 0.00063. This value is within the claimed range of 0 ≤ L3/(L1 + L3) ≤ 0.075.
formula (2): L3 is a nonzero number with a maximum value of 50 μm, or 0.05 mm. Therefore, any value of Arishima’s “L3” region would be within the claimed range of 0 ≤ L3 ≤ 3.0 mm.
Applicant also highlights the discharge capacity values among Examples 1-3 and Comparative Examples 1-2 in instant Table 1. Examiner agrees Examples 1-3, which have an L3 value of 3 or less, show favorable results. However, Arishima’s L3 values also fall within this claimed range. Applicant is invited to amend the claims with any supported “L” range(s) that are critical to obtaining unexpected results.
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, 3, 5-7, 9, and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Arishima et al., US 20160043373 A1, and further in view of Goto et al., US 20120070709 A1.
Regarding Claim 1, Arishima discloses a positive electrode (positive electrode 1 [0034-0044, 0056-0059], Figs. 5-7) comprising:
a positive electrode current collector having a first surface (positive electrode collector having a top surface [0029, 0035], Annotated Fig. 6);
a positive electrode mixture located over the first surface of the positive electrode current collector (positive electrode mixture layer 1a [0035-0036]), the positive electrode mixture containing a positive electrode active material (lithium transition metal composite oxide [0056]); and
a mixture located over the first surface of the positive electrode current collector (insulating layer 5 [0035]), the mixture having a composition different from a composition of the positive electrode mixture (insulating material such as metal oxide, and a solvent-based binder or epoxy resin [0038, 0057]), wherein an electron transfer resistance value of the mixture in a thickness direction is higher than an electron transfer resistance value of the positive electrode mixture in the thickness direction (insulating layer prevents short circuiting [0008], resistance testing [0070]),
wherein the first surface of the positive electrode current collector includes:
a first region over which the positive electrode mixture is present at a ratio of 99 parts by mass or more with respect to 100 parts by mass of total mass of the positive electrode mixture and the mixture (section of positive electrode mixture layer 1a [0039-0044], Annotated Fig. 6), and
a second region aligned with the first region in one direction along the first surface of the positive electrode current collector, wherein the mixture is present at a ratio of 99 parts by mass or more with respect to 100 parts by mass of the total mass of the positive electrode mixture and the mixture over the second region (insulating layer 5 [0037-0038], Annotated Fig. 6), and
L1 is a length of the first region of the positive electrode current collector in the one direction (Example 1: the positive electrode mixture layer 1a was coated under conditions of a width of 80 mm, [0056]), and
L3 is a length of a third region in the one direction, the third region being located between the first region and the second region of the positive electrode current collector (see portion of mixed layer 13 as “L3” and “third region” in Annotated Fig. 6), wherein each of the positive electrode mixture and the mixture is present at a ratio of more than 1.0 part by mass with respect to 100 parts by mass of the total mass of the positive electrode mixture and the mixture over the third region (mixed layer 13 is formed by mixing of the positive electrode mixture of the positive electrode mixture layer 1a and an insulator of the insulating layer 5 [0035-0044]; first material layer/mixed layer 13 spans across first and third regions):
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Arishima – Annotated Fig. 6
Regarding the claimed formula (1), Arishima discloses an example wherein L1 is 80 mm (Example 1, [0056]). Arishima also discloses in Example 1, “The width d2 …was set to 50 μm” ([0057]; 50 μm = 0.05 mm). Knowing L3 is less than the entire 0.05 mm width of d2 (see Annotated Fig. 6), the value of L3 would be greater than zero but less than 0.05 mm. For formula (1), when L1 = 80 mm as taught by Arishima in Example 1, any L3 value permitted by Arishima (i.e., a value greater than zero but less than 0.05 mm) will satisfy the equation. For example, in formula (1): L3/(L1 + L3) is equal to 0.05/(80 + 0.05), or 0.00063. This value is within the claimed range of 0 ≤ L3/(L1 + L3) ≤ 0.075. Any L3 value lower than 0.05 but greater than zero would also be within the claimed range.
Arishima does not disclose an average particle size for the positive electrode active material (lithium transition metal composite oxide [0056]). Therefore, Arishima does not disclose the positive electrode active material has “an average particle size equal to or more than 1 µm” as required by Claim 1. However, this limitation is taught by Goto et al.
Goto teaches a positive electrode active material layer 14 should have gaps/pores 18 between positive electrode active material particles 16, in order for electrolyte solution to permeate the active material layer through the pores ([0010, 0047-0053], Fig. 4). Goto teaches the porosity/pore size in the active material layer can be adjusted by varying the average particle diameter of the active material ([0053, 0064, 0071-0073]), and teaches a positive electrode active material having an average particle diameter of 1 µm to 25 µm ([0038-0041], Example 1 [0062]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to have an average particle size of the positive electrode active material be greater than or equal to 1 µm, in the positive electrode mixture of Arishima, as Goto teaches porosity of the active material layer can be adjusted by varying the positive electrode active material particle diameter within the range of 1 µm to 25 µm.
Regarding Claim 3, modified Arishima discloses all limitations as set forth above. Modified Arishima discloses the “L3/(L1 + L3)” value is 0.00063 or less (see Claim 1 for additional calculation details), which is within the claimed range of 0 ≤ L3/(L1 + L3) ≤ 0.033.
Regarding Claim 5, modified Arishima discloses all limitations as set forth above. Modified Arishima discloses the first region in the first surface of the positive electrode current collector includes a fourth region (Arishima, half of mixed layer 13 closer to positive electrode mixture layer 1a, Annotated Fig. 6); over which the positive electrode mixture having a thickness gradually increasing away from the second region along the one direction is located (Arishima, end portion of the positive electrode mixture layer 1a has an inclined surface having a thickness gradually decreasing [0036], Annotated Fig. 6), and L4 is a length of the fourth region of the positive electrode current collector in the one direction (Arishima, length L4 is half of d2; Annotated Fig. 6).
Regarding the limitation L3 ≤ L4, the lengths of the third and fourth region are an equal division of d2, the width of the mixed layer 13. As L3 and L4 are equal lengths, the limitation L3 ≤ L4 is met.
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Arishima – Annotated Fig. 6
Regarding Claim 6, modified Arishima discloses all limitations as set forth above. Modified Arishima discloses the fourth region comprises the positive electrode mixture 1a and the mixture 5 (Arishima, mixed layer 13 [0039-0044]).
Modified Arishima also discloses a portion of the first region on an opposite side of the second region with respect to the fourth region (consistent with Applicant’s definition of a fifth region; see [0107-0108] of the published application) is only composed of the positive electrode mixture 1a and does not comprise any of the mixture 5 (Arishima, [0035-0036]; Fig. 7A and “fifth region” on Annotated Fig. 6). Therefore, as modified Arishima discloses there is a higher mass ratio of the positive electrode mixture 1a in the fifth region than the fourth region, the claim requirements are met.
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Arishima – Annotated Fig. 6
Regarding Claim 7, modified Arishima discloses all limitations as set forth above. Modified Arishima discloses the mixture (Arishima, mixed layer 13) contains aluminum oxide (Arishima, metal oxide, alumina [0038, 0057]).
Regarding Claim 9, modified Arishima discloses all limitations as set forth above. Modified Arishima discloses a lithium ion secondary battery (Arishima, lithium ion secondary battery 22 [0010, 0065]) comprising the positive electrode (Arishima, [0021], Example 1 [0056-0065]).
Regarding Claim 18, modified Arishima discloses all limitations as set forth above. Modified Arishima discloses pressing the positive electrode mixture (Arishima, [0045-0048, 0059]), but does not disclose the positive electrode mixture has “a density equal to or more than 2.0 g/cm3 and equal to or less than 4.0 g/cm3” as required by Claim 18. However, this limitation is also taught by Goto et al.
Goto teaches the porosity/pore size in the active material layer can be adjusted by varying the density of the active material layer, wherein too low of a density will lower conductivity of the layer, yet too high of a density will not allow for even distribution of electrolyte solution ([0052, 0072-0073]). Goto teaches a layer density of 2.45 g/cm3 contributes to a favorable layer porosity and resistance increase rate ([0038-0041], Example 1 [0062, 0064], Table 1).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to have a positive electrode mixture density within the range of 2.0 g/cm3 to 4.0 g/cm3, in the positive electrode of modified Arishima, as Goto teaches a layer density of 2.45 g/cm3 contributes to a favorable electrode layer porosity and low resistance increase rate.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over modified Arishima as applied to Claims 1 and 7 above, and further in view of Muraoka et al., US 20080193845 A1.
Regarding Claim 8, modified Arishima discloses all limitations as set forth above. Although modified Arishima discloses the mixture contains alumina (Arishima, alumina [0057]), modified Arishima does not specify the alumina is α-alumina. However, Muraoka discloses α-alumina is the most preferred form of alumina for electrical insulation.
Muraoka discloses an insulating layer for a lithium secondary battery (insulating layer comprising metal oxide particles [0043-0049]), wherein the metal oxide particles are preferably alumina ([0044]). Muraoka discloses the most preferable form of alumina is α-alumina, and discloses α-alumina is chemically stable, has excellent mechanical strength, and reduces short circuiting by insulating an area between a positive electrode and a negative electrode ([0044]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to ensure the alumina of modified Arishima is α-alumina, in the mixture of modified Arishima, as Muraoka discloses α-alumina is chemically stable, has excellent mechanical strength, and is an effective electrical insulator.
Claims 2, 4, 20, and 30 are rejected under 35 U.S.C. 103 as being unpatentable over Arishima et al., US 20160043373 A1, and further in view of Goto et al., US 20120070709 A1.
Regarding Claim 2, Arishima discloses a positive electrode (positive electrode 1 [0034-0044, 0056-0059], Figs. 5-7) comprising:
a positive electrode current collector having a first surface (positive electrode collector having a top surface [0029, 0035], Annotated Fig. 6);
a positive electrode mixture located over the first surface of the positive electrode current collector (positive electrode mixture layer 1a [0035]), the positive electrode mixture containing a positive electrode active material (lithium transition metal composite oxide as a positive electrode active material [0056]); and
a mixture located over the first surface of the positive electrode current collector (insulating layer 5 [0035]), the mixture having a composition different from a composition of the positive electrode mixture (insulating material such as metal oxide, and a solvent-based binder or epoxy resin [0038]), wherein an electron transfer resistance value of the mixture in a thickness direction is higher than an electron transfer resistance value of the positive electrode mixture in the thickness direction (insulating layer prevents short circuiting [0008], resistance testing [0070]),
wherein the first surface of the positive electrode current collector includes:
a first region over which the positive electrode mixture is present at a ratio of 99 parts by mass or more with respect to 100 parts by mass of total mass of the positive electrode mixture and the mixture (section of positive electrode mixture layer 1a [0039-0044], Annotated Fig. 6), and
a second region aligned with the first region in one direction along the first surface of the positive electrode current collector, wherein the mixture is present at a ratio of 99 parts by mass or more with respect to 100 parts by mass of the total mass of the positive electrode mixture and the mixture over the
second region (insulating layer 5 [0037-0038], Annotated Fig. 6), and
L3 is a length of a third region in the one direction, the third region being located between the first region and the second region of the positive electrode current collector (see “third region” in Annotated Fig. 6), wherein a first material layer (mixed layer 13) is located over the third region, and each of the positive electrode mixture and the mixture is present at a ratio of more than 1.0 part by mass with respect to 100 parts by mass of the total mass of the positive electrode mixture and the mixture over the third region (mixed layer 13 is formed by mixing of the positive electrode mixture of the positive electrode mixture layer 1a and an insulator of the insulating layer 5 [0035-0044]; first material layer/mixed layer 13 spans across first and third regions):
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Arishima – Annotated Fig. 6
Regarding the claimed formula (2), Arishima discloses in Example 1, “The width d2 …was set to 50 μm” ([0057]; 50 μm = 0.05 mm). Knowing L3 is less than the entire 0.05 mm width of d2 (see Annotated Fig. 6), the value of L3 would be greater than zero but less than 0.05 mm. Using the structure set forth by Arishima’s Example 1, any value of L3 would fall within the claimed range of “0 ≤ L3 ≤ 3.0 mm.”
Arishima discloses pressing the positive electrode mixture ([0045-0048, 0059]), but does not disclose the positive electrode mixture has “a density equal to or more than 2.0 g/cm3 and equal to or less than 4.0 g/cm3” as required by Claim 2. However, this limitation is taught by Goto et al.
Goto teaches a positive electrode active material layer 14 should have gaps/pores 18 between positive electrode active material particles 16, in order for electrolyte solution to permeate the active material layer through the pores ([0047-0053], Fig. 4). Goto teaches the porosity/pore size in the active material layer can be adjusted by varying the density of the active material layer, wherein too low of a density will lower conductivity of the layer, yet too high of a density will not allow for even distribution of electrolyte solution ([0052, 0072-0073]). Goto teaches a layer density of 2.45 g/cm3 contributes to a favorable layer porosity and resistance increase rate ([0038-0041], Example 1 [0062, 0064], Table 1).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to have a positive electrode mixture density within the range of 2.0 g/cm3 to 4.0 g/cm3, in the positive electrode of Arishima, as Goto teaches a layer density of 2.45 g/cm3 contributes to a favorable electrode layer porosity and low resistance increase rate.
Regarding Claim 4, modified Arishima discloses all limitations as set forth above. Modified Arishima discloses L3 is greater than zero but less than 0.05 mm (see Claim 2), which falls within the claimed range of “0 ≤ L3 ≤ 1.3 mm.”
Regarding Claim 20, modified Arishima discloses all limitations as set forth above. Modified Arishima does not disclose an average particle size for the positive electrode active material (Arishima, lithium transition metal composite oxide [0056]). Therefore, Arishima does not disclose the positive electrode active material has “an average particle size equal to or more than 1 µm” as required by Claim 20. However, this limitation is also taught by Goto et al.
Goto teaches a positive electrode active material layer 14 should have gaps/pores 18 between positive electrode active material particles 16, in order for electrolyte solution to permeate the active material layer through the pores ([0010, 0047-0053], Fig. 4). Goto teaches the porosity/pore size in the active material layer can be adjusted by varying the average particle diameter of the active material ([0053, 0064, 0071-0073]), and teaches a positive electrode active material having an average particle diameter of 1 µm to 25 µm ([0038-0041], Example 1 [0062]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to have an average particle size of the positive electrode active material be greater than or equal to 1 µm, in the positive electrode mixture of modified Arishima, as Goto teaches porosity of the active material layer can be adjusted by varying the positive electrode active material particle diameter within the range of 1 µm to 25 µm.
Regarding Claim 30, modified Arishima discloses all limitations as set forth above. Modified Arishima discloses a lithium ion secondary battery comprising the positive electrode (a lithium ion secondary battery 22 including the positive electrode 1 [0027-0032, 0045], Figs. 1-5, see Examples).
Claims 19 and 21 are rejected under 35 U.S.C. 103 as being unpatentable over modified Arishima as applied to Claims 1 and 2 above, and further in view of Liang et al., US 20190173088 A1.
Regarding Claims 19 and 21, modified Arishima discloses all limitations as set forth above. Modified Arishima does not disclose the conductive aid is present “in a range of 0.1 parts per mass or more and 8.0 parts per mass or less with respect to 100 parts by mass of a total mass of the positive electrode mixture” as required by the claims. However, this limitation is taught by Liang et al.
Liang teaches a positive active material layer comprising a positive electrode active material, a binder, and a conductive additive, with a preferred content range of 0.8 wt% to 2 wt% for the conductive additive ([0073]). Liang teaches enough conductive additive is needed in the active material layer to improve the rate performance of the battery, but too much conductive additive in the layer will negatively affect charge and discharge capacities ([0073]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the current invention to optimize the amount of conductive aid in the positive electrode mixture of Arishima, and would have been motivated to do so, by including enough to improve the rate performance of the battery, yet not too much to negatively affect charge and discharge capacities, as taught by Liang.
Claims 22, 25, 26, and 31 are rejected under 35 U.S.C. 103 as being unpatentable over Arishima et al., US 20160043373 A1, and further in view of Liang et al., US 20190173088 A1.
Regarding Claim 22, Arishima discloses a positive electrode (positive electrode 1 [0034-0044, 0056-0059], Figs. 5-7) comprising:
a positive electrode current collector having a first surface (positive electrode collector having a top surface [0029, 0035], Annotated Fig. 6);
a positive electrode mixture located over the first surface of the positive electrode current collector (positive electrode mixture layer 1a [0035-0036]), the positive electrode mixture containing a positive electrode active material (lithium transition metal composite oxide [0056]) and a conductive aid (10 wt% flake graphite [0056]); and
a mixture located over the first surface of the positive electrode current collector (insulating layer 5 [0035]), the mixture having a composition different from a composition of the positive electrode mixture (insulating material such as metal oxide, and a solvent-based binder or epoxy resin [0038, 0057]), wherein an electron transfer resistance value of the mixture in a thickness direction is higher than an electron transfer resistance value of the positive electrode mixture in the thickness direction (insulating layer prevents short circuiting [0008], resistance testing [0070]),
wherein the first surface of the positive electrode current collector includes:
a first region over which the positive electrode mixture is present at a ratio of 99 parts by mass or more with respect to 100 parts by mass of total mass of the positive electrode mixture and the mixture (section of positive electrode mixture layer 1a [0039-0044], Annotated Fig. 6), and
a second region aligned with the first region in one direction along the first surface of the positive electrode current collector, wherein the mixture is present at a ratio of 99 parts by mass or more with respect to 100 parts by mass of the total mass of the positive electrode mixture and the mixture over the second region (insulating layer 5 [0037-0038], Annotated Fig. 6), and
L1 is a length of the first region of the positive electrode current collector in the one direction (Example 1: the positive electrode mixture layer 1a was coated under conditions of a width of 80 mm, [0056]), and
L3 is a length of a third region in the one direction, the third region being located between the first region and the second region of the positive electrode current collector (see portion of mixed layer 13 as “L3” and “third region” in Annotated Fig. 6), wherein each of the positive electrode mixture and the mixture is present at a ratio of more than 1.0 part by mass with respect to 100 parts by mass of the total mass of the positive electrode mixture and the mixture over the third region (mixed layer 13 is formed by mixing of the positive electrode mixture of the positive electrode mixture layer 1a and an insulator of the insulating layer 5 [0035-0044]; first material layer/mixed layer 13 spans across first and third regions):
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Arishima – Annotated Fig. 6
Regarding the claimed formula (1), Arishima discloses an example wherein L1 is 80 mm (Example 1, [0056]). Arishima also discloses in Example 1, “The width d2 …was set to 50 μm” ([0057]; 50 μm = 0.05 mm). Knowing L3 is less than the entire 0.05 mm width of d2 (see Annotated Fig. 6), the value of L3 would be greater than zero but less than 0.05 mm. For formula (1), when L1 = 80 mm as taught by Arishima in Example 1, any L3 value permitted by Arishima (i.e., a value greater than zero but less than 0.05 mm) will satisfy the equation. For example, in formula (1): L3/(L1 + L3) is equal to 0.05/(80 + 0.05), or 0.00063. This value is within the claimed range of 0 ≤ L3/(L1 + L3) ≤ 0.075. Any L3 value lower than 0.05 but greater than zero would also be within the claimed range.
Arishima does not disclose the conductive aid is present “in a range of 0.1 parts per mass or more and 8.0 parts per mass or less with respect to 100 parts by mass of a total mass of the positive electrode mixture” as required by Claim 22. However, this limitation is taught by Liang et al.
Liang teaches a positive active material layer comprising a positive electrode active material, a binder, and a conductive additive, with a preferred content range of 0.8 wt% to 2 wt% for the conductive additive ([0073]). Liang teaches enough conductive additive is needed in the active material layer to improve the rate performance of the battery, but too much conductive additive in the layer will negatively affect charge and discharge capacities ([0073]).
It would have been obvious to a person of ordinary skill in the art before the effective filing date of the current invention to optimize the amount of conductive aid in the positive electrode mixture of Arishima, and would have been motivated to do so, by including enough to improve the rate performance of the battery, yet not too much to negatively affect charge and discharge capacities, as taught by Liang.
Regarding Claim 25, modified Arishima discloses all limitations as set forth above. Modified Arishima discloses the “L3/(L1 + L3)” value is 0.00063 or less (see Claim 22 for additional calculation details), which is within the claimed range of 0 ≤ L3/(L1 + L3) ≤ 0.033.
Regarding Claim 26, modified Arishima discloses all limitations as set forth above. Modified Arishima discloses the first region in the first surface of the positive electrode current collector includes a fourth region (Arishima, half of mixed layer 13 closer to positive electrode mixture layer 1a, Annotated Fig. 6); over which the positive electrode mixture having a thickness gradually increasing away from the second region along the one direction is located (Arishima, end portion of the positive electrode mixture layer 1a has an inclined surface having a thickness gradually decreasing [0036], Annotated Fig. 6), and L4 is a length of the fourth region of the positive electrode current collector in the one direction (Arishima, length L4 is half of d2; Annotated Fig. 6).
Regarding the limitation L3 ≤ L4, the lengths of the third and fourth region are an equal division of d2, the width of the mixed layer 13. As L3 and L4 are equal lengths, the limitation L3 ≤ L4 is met.
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Arishima – Annotated Fig. 6
Regarding Claim 31, modified Arishima discloses all limitations as set forth above. Modified Arishima discloses a lithium ion secondary battery comprising the positive electrode (a lithium ion secondary battery 22 including the positive electrode 1 [0027-0032, 0045], Figs. 1-5, see Examples).
Claims 23 and 24 are rejected under 35 U.S.C. 103 as being unpatentable over modified Arishima as applied to Claim 22 above, and further in view of Goto et al., US 20120070709 A1.
Regarding Claim 23, modified Arishima discloses all limitations as set forth above. Modified Arishima does not disclose an average particle size for the positive electrode active material (Arishima, lithium transition metal composite oxide [0056]). Therefore, Arishima does not disclose the positive electrode active material has “an average particle size equal to or more than 1 µm” as required by Claim 23. However, this limitation is taught by Goto et al.
Goto teaches a positive electrode active material layer 14 should have gaps/pores 18 between positive electrode active material particles 16, in order for electrolyte solution to permeate the active material layer through the pores ([0010, 0047-0053], Fig. 4). Goto teaches the porosity/pore size in the active material layer can be adjusted by varying the average particle diameter of the active material ([0053, 0064, 0071-0073]), and teaches a positive electrode active material having an average particle diameter of 1 µm to 25 µm ([0038-0041], Example 1 [0062]).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to have an average particle size of the positive electrode active material be greater than or equal to 1 µm, in the positive electrode mixture of modified Arishima, as Goto teaches porosity of the active material layer can be adjusted by varying the positive electrode active material particle diameter within the range of 1 µm to 25 µm.
Regarding Claim 24, modified Arishima discloses all limitations as set forth above. Modified Arishima discloses pressing the positive electrode mixture (Arishima, [0045-0048, 0059]), but does not disclose the positive electrode mixture has “a density equal to or more than 2.0 g/cm3 and equal to or less than 4.0 g/cm3” as required by Claim 24. However, this limitation is also taught by Goto et al.
Goto teaches the porosity/pore size in the active material layer can be adjusted by varying the density of the active material layer, wherein too low of a density will lower conductivity of the layer, yet too high of a density will not allow for even distribution of electrolyte solution ([0052, 0072-0073]). Goto teaches a layer density of 2.45 g/cm3 contributes to a favorable layer porosity and resistance increase rate ([0038-0041], Example 1 [0062, 0064], Table 1).
Before the effective filing date of the present invention, it would have been obvious to a person of ordinary skill in the art to have a positive electrode mixture density within the range of 2.0 g/cm3 to 4.0 g/cm3, in the positive electrode of modified Arishima, as Goto teaches a layer density of 2.45 g/cm3 contributes to a favorable electrode layer porosity and a low resistance increase rate.
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 BETHANY C GARCIA whose telephone number is (571)272-2475. The examiner can normally be reached Mon-Fri, 0800 - 1730 MT.
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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.
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/BETHANY C GARCIA/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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