Notice of Pre-AIA or AIA Status
The present application is being examined under the pre-AIA first to invent provisions.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/05/2025 has been entered.
Response to Amendment
The amendment filed 12/05/2025 has been entered. Claims 1-16 remain pending in this application. The examiner acknowledges new claims 17-20. The examiner acknowledges no new matter has been added.
Claim Interpretation
Claims 17-20 recite the limitation “wherein a lower limit of the negative active material in the negative active material layer is x% by mass” where x is defined differently depending on the claim. Based upon broadest reasonable interpretation and Para. 41 and 43 of the instant specification, this has been interpreted in other words to mean a range where the negative active material by mass in the negative active material layer is ≥x%.
Claim Rejections - 35 USC § 103
Claims 1, 6, 9, and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Cheon et al. (US 2006/0008702) in view of Imaji et al. (US 2015/0340693 A1). Cheon et al. and Imaji et al. was cited in the Non-Final Rejection filed 2/24/2025.
Regarding claim 1, Cheon et al. teaches an energy storage device (see e.g. the secondary battery in Para. 12 and Fig. 1) comprising a wound electrode assembly in which a positive electrode and a negative electrode are wound with a separator interposed therebetween (see e.g. Para. 44 and by separator 13 between the positive and negative electrodes 11 and 12 respectively in Fig. 2):
the negative electrode (see e.g. the negative electrode in Para. 12) including a negative electrode substrate (see e.g. the negative current collector 62a in Para. 72) and an active material layer (see e.g. the Active material layers 62b in Para. 72) layered directly or indirectly on a surface of the negative electrode substrate (see e.g. Fig. 7B);
the negative active material layer contains a negative electrode active material (see e.g. the active material layers 62b for negative electrode 62 in Para. 72);
in a cross section of the negative electrode in a winding axis direction of the wound electrode assembly (see e.g. as seen by the annotation of annotated Fig. A of a cross section of the negative electrodes in the wound electrode assembly along a winding axis), at least one edge side of the negative electrode active material layer in the winding axis direction is thicker than a central portion present between the one end edge side and the other end edge side in the winding axis direction (see e.g. the leading edge of the negative electrode is thicker than the rest of the negative electrode in Para. 73 of which is defined to be at the core of the jelly roll configuration in Para. 50. The structure as noted in Para. 70 describes in Para. 73 that it has an increased thickness as compared to the rest of the electrode and is further supported in Para. 28-29. Once wound, as shown in annotated Fig. A, the leading edge would be thicker than the rest of the electrode including the central portion which is between it and the other end edge side along the winding axis direction and is further supported because Para. 28-29 establishes the leading edge may have a thickness different from the thickness of other portions of the electrode. The winding axis direction is the axis the electrode assembly is wound along as seen in Annotated Fig. A).
Cheon et al. fails to explicitly teach the negative electrode active material contains non-graphitizable carbon;
when true density of the non-graphitizable carbon is A [g/cm3], and an amount of charge B [mAh/g] of the negative electrode in a fully charge states satisfies the formula 1: -730 x A + 1588 ≤ B ≤ -830 x A + 1800.
However, Imaji et al., directed to a carbonaceous material for negative electrode in the abstract, teaches a negative electrode having a negative electrode active material containing non-graphitizable carbon in Para. 16-17. Further, Imaji et al. teaches a true density of the non-graphitizable carbon is A [g/cm3] is 1.52 g/cm3, and an amount of charge B [mAh/g] is 532 mAh/g of the negative electrode as seen in the working example 1 in tables 1-2 which satisfies the formula 1 (see calculation below). Imaji et al. teaches the non-graphitizable carbon having a large charge-discharge capacity and excellent rate characteristics in Para 13.
-730 x A + 1588 ≤ B ≤ -830 x A + 1800
-730(1.52) + 1588 ≤ 532 ≤ -830(1.52) + 1800
478.4 ≤ 532 ≤ 538.4
Cheon et al. and Imaji et al. are all considered to be analogous to the claimed invention because they both teach secondary batteries with an anode, cathode, separator, and electrolyte. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the negative electrode active material of Cheon et al. to include non-graphitizable carbon with the true density and amount of charge as taught by Imaji et al. in Para. 13, to increase charge-discharge capacity with excellent rate characteristics.
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Figure A. Annotated Fig. A of Fig. 1 and 7 of Cheon et al.
Regarding Claim 6, Cheon et al. in view of Imaji et al. teaches an energy storage device according to claim 1.
Imaji teaches a true density of non-graphitizable carbon of 1.52 g/cm3, as noted in the 103 rejection of claim 1.
The only deficiency of Imaji et al. is that it discloses the use of 1.52 g/cm3, while the present claims require 1.5 g/cm3 or less.
It is apparent, however, that the instantly claimed amount of 1.5 g/cm3 or less and the 1.52 g/cm3 taught by Imaji et al. are so close to each other that the fact pattern is similar to the one in In re Woodruff, 919 F.2d 1575, USPQ2d 1934 (Fed. Cir. 1990) or Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed.Cir. 1985) where despite a “slight” difference in the ranges the court held that such a difference did not “render the claims patentable” or, alternatively, that “a prima facie case of obviousness exists where the claimed ranges and prior art ranges do not overlap but are close enough so that one skilled in the art would have expected them to have the same properties”.
In light of the case law cited above and given that there is only a “slight” difference between the amount of 1.52 g/cm3 disclosed by Imaji et al. and the amount disclosed in the present claims of 1.5 g/cm3 or less and further given the fact that no criticality is disclosed in the present invention with respect to the amount of 1.5 g/cm3 or less, it therefore would have been obvious to one of ordinary skill in the art that the amount of 1.5 g/cm3 or less disclosed in the present claims is but an obvious variant of the amounts disclosed in Imaji et al., and thereby one of ordinary skill in the art would have arrived at the claimed invention.
Regarding claim 9, Cheon et al. teaches an energy storage device (see e.g. the secondary battery in Para. 12 and Fig. 1) comprising a layered electrode assembly in which a plurality of positive electrodes and a plurality of negative electrodes are layered with a plurality of separators each interposed between each one of the plurality of positive electrodes and each one of the plurality of negative electrodes (see e.g. the numerous sheets or layers of separator 13 interposed between the positive and negative electrodes 11 and 12 respectively in Fig. 1 and shown to be formed in Fig. 2):
each one the plurality of negative electrodes including a negative electrode substrate and a negative active material layer layered directly or indirectly on a surface of the negative electrode substrate (see e.g. the negative electrode in Para. 12 including a negative electrode substrate by the negative current collector 62a in Para. 72 that would apply to each layer shown in Fig. 1) and an active material layer (see e.g. the active material layers 62b in Para. 72) layered directly or indirectly on a surface of the negative electrode substrate (see e.g. direct layering in Fig. 7B. This is shown to be a variation of the structure of Fig. 1 in Para. 70);
the negative active material layer contains a negative electrode active material (see e.g. the active material layers 62b for negative electrode 62 in Para. 72);
in a cross section of each one of the plurality of negative electrodes in a direction perpendicular to a layering direction of the layered electrode assembly (see e.g. the annotation of annotated Fig. A in which the layers of each electrode sheet extend of the layered electrode assembly as shown in Fig. 1. This shows a cross section of the negative electrodes), at least one end edge side of the negative active material layer in the direction perpendicular to the layering direction is thicker than a central portion present between the one end edge side and the other end edge side in the direction perpendicular to the layering direction (see e.g. the annotation of Annotated Fig. A of the horizontal direction around the core, at least one end edge side of the negative active material layer is thicker than a central portion present between the one end edge side and the other end edge side as seen by the one end edge by the core of which as noted in Para. 49-50 contains the leading edge and a variation of the structure as noted in Para. 70 describes in Para. 73 that it has an increased thickness as compared to the rest of the electrode and is further supported in Para. 28-29. Once wound, as shown in annotated Fig. A, the leading edge would be thicker than the rest of the electrode including the central portion which is between it and the other end edge side, as annotated. This is perpendicular to the layering direction as seen in Annotated Fig. A); and
Cheon et al. does not teach the negative electrode active material contains non-graphitizable carbon and a true density of the non-graphitizable carbon is A [g/cm3], and an amount of charge B [mAh/g] of the negative electrode in a fully charge states satisfies the formula 1: -730 x A + 1588 ≤ B ≤ -830 x A + 1800.
However, Imaji et al., directed to a carbonaceous material for negative electrode in the abstract, teaches a negative electrode having a negative electrode active material containing non-graphitizable carbon in Para. 16-17. Further, Imaji et al. teaches a true density of the non-graphitizable carbon is A [g/cm3] is 1.52 g/cm3, and an amount of charge B [mAh/g] is 532 mAh/g of the negative electrode as seen in the working example 1 in tables 1-2 which satisfies the formula 1 (see calculation below). Imaji et al. teaches the non-graphitizable carbon having a large charge-discharge capacity and excellent rate characteristics in Para. 13.
-730 x A + 1588 ≤ B ≤ -830 x A + 1800
-730(1.52) + 1588 ≤ 532 ≤ -830(1.52) + 1800
478.4 ≤ 532 ≤ 538.4
Cheon et al. and Imaji et al. are all considered to be analogous to the claimed invention because they both teach secondary batteries with an anode, cathode, separator, and electrolyte. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the negative electrode active material of Cheon et al. to include non-graphitizable carbon with the true density and amount of charge as taught by Imaji et al. in Para. 13 to increase charge-discharge capacity with excellent rate characteristics.
Regarding Claim 14, Cheon et al. in view of Imaji et al. teaches an energy storage device according to claim 9, wherein the non-graphitizable carbon has a true density A of 1.5 g/cm3 or less (Imaji teaches a true density of non-graphitizable carbon of 1.52 g/cm3, as noted in the 103 rejection of claim 9).
The only deficiency of Imaji et al. is that it discloses the use of 1.52 g/cm3, while the present claims require 1.5 g/cm3 or less.
It is apparent, however, that the instantly claimed amount of 1.5 g/cm3 or less and the 1.52 g/cm3 taught by Imaji et al. are so close to each other that the fact pattern is similar to the one in In re Woodruff, 919 F.2d 1575, USPQ2d 1934 (Fed. Cir. 1990) or Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed.Cir. 1985) where despite a “slight” difference in the ranges the court held that such a difference did not “render the claims patentable” or, alternatively, that “a prima facie case of obviousness exists where the claimed ranges and prior art ranges do not overlap but are close enough so that one skilled in the art would have expected them to have the same properties”.
In light of the case law cited above and given that there is only a “slight” difference between the amount of 1.52 g/cm3 disclosed by Imaji et al. and the amount disclosed in the present claims of 1.5 g/cm3 or less and further given the fact that no criticality is disclosed in the present invention with respect to the amount of 1.5 g/cm3 or less, it therefore would have been obvious to one of ordinary skill in the art that the amount of 1.5 g/cm3 or less disclosed in the present claims is but an obvious variant of the amounts disclosed in Imaji et al., and thereby one of ordinary skill in the art would have arrived at the claimed invention).
Claims 2 and 10 are rejected under 35 U.S.C. 103 as being unpatentable over Cheon et al. (US 2006/0008702) in view of Imaji et al. (US 2015/0340693 A1) as applied to claims 1 and 9 above, and further in view of Tanaka et al. (US 2012/0058375 A1).
Regarding Claim 2, Cheon et al. in view of Imaji et al. teaches an energy storage device according to claim 1, wherein a thickness difference (T2-T1) between a thickness T2 of the negative active material layer on the one end edge side and a thickness T1 of the central portion is 1 µm or more and 5 µm or less (Cheon et al. teaches the ratio of t5 to t6 Is 1.8:1 in Para. 74. Cheon et al. teaches secondary batteries can be used in a variety of systems from cellular phones to hybrid EV in Para. 3. Cheon et al. teaches the secondary batteries can be in various shapes in Para. 4. If t6 is between 1.25 µm and 6.25 µm, and the ratio of t5 and t6 is 1.8:1, then the thickness of the negative active material layer on the one end edge side, note T2 in the instant application maps to t5, is 1µm or more and 5 µm or less than the thickness of the central portion, note T1 in the instant application maps to t6. While Cheon et al. is silent on the size of t5 or t6, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to vary the thickness of t5 and t6 within the ratio of 1.8:1 to fit the various sizing needs of a secondary battery in a cellular phone to a hybrid EV so that the thickness difference between t5 and t6 is 1µm or more and 5 µm or less. It is understood that t6 is part of the central portion because it is between the two edges). Nonetheless, additional guidance is provided below.
Tanaka et al., also directed to an energy storage device (see e.g. Tanaka et al. teaches a battery in the abstract), teaches an electrode assembly in which a positive electrode, a negative electrode, and a separator are laminated together (see e.g. Tanaka et al. teaches a laminated electrode assembly in which a positive electrode, a negative electrode, and a separator are laminated together). Tanaka et al. teaches a wound assembly (see e.g. Tanaka et al. a wound lithium ion secondary battery in Para. 27, 78, and Fig. 1). Further, Tanaka et al. teaches varying and tapered thickness of the negative electrode active material (see e.g. Tanaka et al. teaches tapered thickness in Fig. 1 and a larger thickness at each end of the electrode in Fig. 5 and Para. 30, 59, 66-68, and 87. Tanaka et al. teaches layer 40 is between 3-15 µm. It appears, based upon Fig. 1 and 5, this thicker region of alumina layer 40 resides at one side of the electrode along the length of the entire wound strip, i.e. it resides at edges of the wound beginning end and wound final end portion. Thus, the active material on a side relative vertically to the current collector that contains alumina-containing layer 40 at a horizontal end of the electrode and also resides at one end edge side relative to the wound beginning portion is 3-15 µm thicker than a more central portion horizontally and in the wound direction of the active material on the same side relative vertically to the current collector, as seen in annotated Fig. B. Tanaka et al. teaches this prevents short circuiting and because of the alumina, helps bonding in order to reduce occurrences of delamination in Para. 87. It’s worthwhile to note T1 and T2 as described in claim 2 are not necessarily related to the thickness variation mentioned in claim 1 due to the way the claim is recited.
Therefore, it would have further been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the negative electrode of Cheon et al. in view of Imaji et al. to have al alumina layer at the edge of the existing negative electrode active material in a thickness between 3-15 µm, as taught by Tanaka et al., to prevent short circuiting and reduce occurrences of delamination as noted by Tanaka et al. in Para. 87.
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Figure B. Annotated Fig. B of Fig. 5 of Tanaka et al.
Regarding Claim 10, Cheon et al. in view of Imaji et al. teaches an energy storage device according to claim 9, wherein a thickness difference (T2-T1) between a thickness T2 of the negative active material layer on the one end edge side and a thickness T1 of the central portion is 1 µm or more and 5 µm or less (see e.g. Cheon et al. teaches the ratio of t5 to t6 Is 1.8:1 in Para. 74. Cheon et al. teaches secondary batteries can be used in a variety of systems from cellular phones to hybrid EV in Para. 3. Cheon et al. teaches the secondary batteries can be in various shapes in Para. 4. If t6 is between 1.25 µm and 6.25 µm, and the ratio of t5 and t6 is 1.8:1, then the thickness of the negative active material layer on the one end edge side, note T2 in the instant application maps to t5, is 1µm or more and 5 µm or less than the thickness of the central portion, note T1 in the instant application maps to t6. While Cheon et al. is silent on the size of t5 or t6, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to vary the thickness of t5 and t6 within the ratio of 1.8:1 to fit the various sizing needs of a secondary battery in a cellular phone to a hybrid EV so that the thickness difference between t5 and t6 is 1µm or more and 5 µm or less. It is understood that t6 is part of the central portion because it is between the two edges).
Tanaka et al., also directed to an energy storage device (see e.g. Tanaka et al. teaches a battery in the abstract), teaches an electrode assembly in which a positive electrode, a negative electrode, and a separator are laminated together (see e.g. Tanaka et al. teaches a laminated electrode assembly in which a positive electrode, a negative electrode, and a separator are laminated together). Tanaka et al. teaches a wound assembly (see e.g. Tanaka et al. a wound lithium ion secondary battery in Para. 27, 78, and Fig. 1). Further, Tanaka et al. teaches varying and tapered thickness of the negative electrode active material (see e.g. Tanaka et al. teaches tapered thickness in Fig. 1 and a larger thickness at each end of the electrode in Fig. 5 and Para. 30, 59, 66-68, and 87. Tanaka et al. teaches layer 40 is between 3-15 µm. It appears, based upon Fig. 1 and 5, this thicker region of alumina layer 40 resides at one side of the electrode along the length of the entire wound strip, i.e. it resides at edges of the wound beginning end and wound final end portion. Thus, the active material on a side relative vertically to the current collector that contains alumina-containing layer 40 at a horizontal end of the electrode and also resides at one end edge side relative to the wound beginning portion is 3-15 µm thicker than a more central portion horizontally and in the wound direction of the active material on the same side relative vertically to the current collector, as seen in annotated Fig. B. Tanaka et al. teaches this prevents short circuiting and because of the alumina, helps bonding in order to reduce occurrences of delamination in Para. 87. It’s worthwhile to note T1 and T2 as described in claim 10 are not necessarily related to the thickness variation mentioned in claim 9 due to the way the claim is recited.
Therefore, it would have further been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the negative electrode of Cheon et al. in view of Imaji et al. to have al alumina layer at the edge of the existing negative electrode active material in a thickness between 3-15 µm, as taught by Tanaka et al., to prevent short circuiting and reduce occurrences of delamination as noted by Tanaka et al. in Para. 87.
Claims 3 and 11 are rejected under 35 U.S.C. 103 as being unpatentable over Cheon et al. (US 2006/0008702) in view of Imaji et al. (US 2015/0340693 A1) as applied to claims 1 and 9 above, and further in view of Hatanaka et al. (US 2010/0221607 A1). Hatanaka et al. was relied upon in the Final Rejection filed 8/6/2025.
Regarding claim 3, Cheon et al. in view of Imaji et al. teaches an energy storage device according to claim 1.
Cheon et al. taught in the cross section of the negative electrode in the winding axis direction, a thickness T2, (see e.g. Cheon teaches Annotation T2 of Annotated Fig. C), an end of the negative active material on the current collector that has thickness greater than a thickness T3 of the negative active material layer on the other end edge side (see e.g. annotation T3 of the annotated Fig. C is on the opposite or other end edge side of the active layer).
Cheon et al. in view of Imaji et al. fails to explicitly teach wherein the negative electrode substrate includes a non-layered portion which protrudes from the one end edge side in the winding axis direction and on which the negative active material layer is not layered; and in the cross section of the negative electrode in the winding axis direction, a thickness T2 of the negative active material layer on the non-layered portion side is greater than a thickness T3 of the negative active material layer on the other end edge side.
However, Hatanaka et al. teaches in Para. 17 the non-aqueous electrolyte secondary battery according to the present invention comprises a long core member and a material mixture layer formed thereon. The electrode plate has an exposed part of the core member formed along one side which is parallel to the longitudinal direction of the core member. In Para. 41 in an electrode plate 40 of FIG. 4, the total thickness of the electrode plate in the vicinity of the edge portion 32a is larger than the total thickness of the electrode plate in the vicinity of the central portion of the material mixture layer. In Para. 75, a positive electrode current collector terminal and a negative electrode current collector terminal are welded, respectively, to the exposed part of the positive electrode core member and the exposed part of the negative electrode core member of the obtained electrode group. As the method for welding the current collector terminals to the exposed part of the core member, laser welding, ultrasonic welding, resistance welding, TIG welding etc. can be used without limitation thereto.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to substitute the tab winding electrode structure of Cheon et al. in view of Imaji et al. to have an exposed electrode tab extend off of the thicker edge of the negative electrode, as taught in Fig. 4 of Hatanaka et al., in order to weld a current collector to the exposed tab and conduct charge and therefore yield predictable results of the known method as an alternative to the tab – current collector structure shown in Fig. 2 of Cheon et al. by the uncoated portions 12a and negative current collecting plate 50. Upon this combination, a non-layered or exposed portion would protrude from the one end edge side or the thicker edge in the winding axis direction as seen how the exposed portion of Hatanaka et al. in Fig. 4 extends and annotated Fig. A and B in which the thicker portion is lie along the core length.
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Figure C. Annotated Fig. C of Fig. 7B of Cheon et al.
Regarding claim 11, Cheon et al. in view of Imaji et al. teaches an energy storage device according to claim 9.
Cheon et al. taught in the cross section of the negative electrode in the winding axis direction, a thickness T2, (see e.g. Cheon teaches Annotation T2 of Annotated Fig. C), an end of the negative active material on the current collector that has thickness greater than a thickness T3 of the negative active material layer on the other end edge side (see e.g. annotation T3 of the annotated Fig. C is on the opposite or other end edge side of the active layer).
Cheon et al. in view of Imaji et al. fails to explicitly teach wherein the negative electrode substrate includes a non-layered portion which protrudes from the one end edge side in the winding axis direction and on which the negative active material layer is not layered; and in the cross section of the negative electrode in the winding axis direction, a thickness T2 of the negative active material layer on the non-layered portion side is greater than a thickness T3 of the negative active material layer on the other end edge side.
However, Hatanaka et al. teaches in Para. 17 the non-aqueous electrolyte secondary battery according to the present invention comprises a long core member and a material mixture layer formed thereon. The electrode plate has an exposed part of the core member formed along one side which is parallel to the longitudinal direction of the core member. In Para. 41 in an electrode plate 40 of FIG. 4, the total thickness of the electrode plate in the vicinity of the edge portion 32a is larger than the total thickness of the electrode plate in the vicinity of the central portion of the material mixture layer. In Para. 75, a positive electrode current collector terminal and a negative electrode current collector terminal are welded, respectively, to the exposed part of the positive electrode core member and the exposed part of the negative electrode core member of the obtained electrode group. As the method for welding the current collector terminals to the exposed part of the core member, laser welding, ultrasonic welding, resistance welding, TIG welding etc. can be used without limitation thereto.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to substitute the tab winding electrode structure of Cheon et al. in view of Imaji et al. to have an exposed electrode tab extend off of the thicker edge of the negative electrode, as taught in Fig. 4 of Hatanaka et al., in order to weld a current collector to the exposed tab and conduct charge and therefore yield predictable results of the known method as an alternative to the tab – current collector structure shown in Fig. 2 of Cheon et al. by the uncoated portions 12a and negative current collecting plate 50. Upon this combination, a non-layered or exposed portion would protrude from the one end edge side or the thicker edge in the winding axis direction as seen how the exposed portion of Hatanaka et al. in Fig. 4 extends and annotated Fig. A and B in which the thicker portion is lie along the core length.
Claims 4, 5, 12, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over Cheon et al. (US 2006/0008702) in view of Imaji et al. (US 2015/0340693 A1) as applied to claims 1 and 9 above, and further in view of Masato et al. (JP 2010-199077 A). Masato et al. (JP 2010-199077 A) was cited in the IDS filed on 6/20/2022.
Regarding Claim 4, Cheon et al. in view of Imaji et al. teaches an energy storage device according to claim 1.
wherein the positive electrode includes a positive electrode substrate (see e.g. Cheon et al. teaches the positive current collector 60a in Para. 72) and a positive active material layer (see e.g. Cheon et al. teaches the positive active material layer 60b in Para. 72) directly or indirectly layered on a surface of the positive electrode substrate (see e.g. Cheon et al. teaches direct layering as seen in Fig. 7b);
the positive active material layer contains a positive active material (see e.g. Cheon et al. teaches the positive active material layer 60b in Para. 72).
Cheon et al. in view of Imaji et al. fails to explicitly note what the positive active material 60b contains a lithium transition metal oxide containing nickel, cobalt, and manganese as a main component; and a molar ratio of nickel to a total of nickel, cobalt, and manganese in the lithium transition metal oxide is 0.5 or more.
However, Masato et al. teaches a lithium nickel manganese cobalt composite oxide in which they are all main components, as seen by the molar ratio ranges and because they make up the chemical formula in Para. 15-17. The LibMnsNitCouXvO2 (X is at least one kind of Zr, Mg, Al, Ti, Sn , 0 <b ≤ 1.1, 0.1 ≤ s ≤ 0.5, 0.1 ≤ t ≤ 0.5, v = 0 or 0.0001 ≤ v ≤ 0.03, s + t + u + v = 1) that Masato et al. teaches in Para. 15-17 presents an overlapping range with the claimed range of molar ratio of nickel to a total of nickel, cobalt, and manganese in the lithium transition metal oxide is 0.5 or more in a manner which provides a prima facie case of obviousness (see MPEP 2144.05). The Nickel may have a molar ratio such as 0.5 and in order to meet s + t + u + v = 1, nickel would have to have a molar ratio of 0.5 or more between nickel and nickel, cobalt, and manganese (see calculations below).
When t = 0.5 (within the range of t in the prior art),
as long as s + u + v = 0.5 (meeting s + t + u + v = 1 of prior art),
then the molar ratio of nickel to nickel, cobalt, and manganese ( t/(s+t+u)) will be 0.5 or more.
While s is limited to 0.1 to 0.5, because the range of v is small and u is not limited to a range, the conditions of s will not affect whether the molar ratio of nickel to nickel, cobalt, and manganese ( t/(s+t+u)) will be 0.5 or more.
If v = 0, then the molar ratio of t:(s+t+u) will be 0.5
(0.5/(1-0))=0.5
If v = 0.0001, then the molar ratio will be 0.50005005
(0.5/(1-0.0001))=0.50005005
If v = 0.03, then the molar ratio will be 0.51546
(0.5/(1-0.03))=0.51546
Even when t is less than 0.5, the conditions of the claim can still be met.
When t = 0.49 and v = 0.03, then the molar ratio will be 0.50515
(0.49/(1-0.03))=0.50515
Masato et al. also teaches the lithium-cobalt composite oxides to which zirconium and magnesium are highly stable at a high potential. Further, the lithium-nickel-manganese composite oxides have a layered structure excellent in thermal stability at a high potential in Para. 16.
Cheon et al. and Masato et al. are both considered to be analogous to the claimed invention because they both teach secondary batteries, for applications such as cellular devices, with an anode, cathode, separator, and electrolyte. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to configure the battery of Cheon et al. in view of Imaji et al. to contain a positive electrode active material that comprises a lithium transition metal oxide containing nickel, cobalt, and manganese as a main component; and a molar ratio of nickel to a total of nickel, cobalt, and manganese in the lithium transition metal oxide is 0.5 or more, as taught by Masato et al.. This would be because Masato et al. also teaches the lithium-cobalt composite oxides to which zirconium and magnesium are highly stable at a high potential. Further, lithium-nickel-manganese composite oxides have a layered structure excellent in thermal stability at a high potential as taught by Masato et al. in Para. 16.
Regarding Claim 5, Cheon et al. in view of Imaji et al. teaches an energy storage device according to claim 1.
Cheon et al. teaches a separator (see e.g. Cheon teaches the insulating separator disposed between sheet-type positive and negative electrodes in Para. 4).
Cheon et al. in view of Imaji et al. does not explicitly teach wherein the separator has a porosity of 50% or more.
However, Masato et al. teaches wherein the separator has a porosity of 50% or more in Para. 40. Masato et al. explains this is to prevent cycle deterioration in Para. 20 and 69-70.
Cheon et al. and Masato et al. are both considered to be analogous to the claimed invention because they both teach secondary batteries, for applications such as cellular devices, with an anode, cathode, separator, and electrolyte. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery of Cheon et al. in view of Imaji et al. so that the separator has a porosity of 50% or more to prevent cycle deterioration as taught by Masato et al. in Para. 20 and 69-70.
Regarding Claim 12, Cheon et al. in view of Imaji et al. teaches an energy storage device according to claim 9,
wherein the positive electrode includes a positive electrode substrate (see e.g. Cheon et al. teaches the positive current collector 60a in Para. 72) and a positive active material layer (see e.g. Cheon et al. teaches the positive active material layer 60b in Para. 72) directly or indirectly layered on a surface of the positive electrode substrate (see e.g. Cheon et al. teaches direct layering as seen in Fig. 7b);
the positive active material layer contains a positive active material (see e.g. Cheon et al. teaches the positive active material layer 60b in Para. 72).
Cheon et al. in view of Imaji et al. fails to explicitly note what the positive active material 60b contains a lithium transition metal oxide containing nickel, cobalt, and manganese as a main component; and a molar ratio of nickel to a total of nickel, cobalt, and manganese in the lithium transition metal oxide is 0.5 or more.
However, Masato et al. teaches a lithium nickel manganese cobalt composite oxide in which they are all main components, as seen by the molar ratio ranges and because they make up the chemical formula in Para. 15-17. The LibMnsNitCouXvO2 (X is at least one kind of Zr, Mg, Al, Ti, Sn , 0 <b ≤ 1.1, 0.1 ≤ s ≤ 0.5, 0.1 ≤ t ≤ 0.5, v = 0 or 0.0001 ≤ v ≤ 0.03, s + t + u + v = 1) that Masato et al. teaches in Para. 15-17 presents an overlapping range with the claimed range of molar ratio of nickel to a total of nickel, cobalt, and manganese in the lithium transition metal oxide is 0.5 or more in a manner which provides a prima facie case of obviousness (see MPEP 2144.05). The Nickel may have a molar ratio such as 0.5 and in order to meet s + t + u + v = 1, nickel would have to have a molar ratio of 0.5 or more between nickel and nickel, cobalt, and manganese (see calculations below).
When t = 0.5 (within the range of t in the prior art),
as long as s + u + v = 0.5 (meeting s + t + u + v = 1 of prior art),
then the molar ratio of nickel to nickel, cobalt, and manganese ( t/(s+t+u)) will be 0.5 or more.
While s is limited to 0.1 to 0.5, because the range of v is small and u is not limited to a range, the conditions of s will not affect whether the molar ratio of nickel to nickel, cobalt, and manganese ( t/(s+t+u)) will be 0.5 or more.
If v = 0, then the molar ratio of t:(s+t+u) will be 0.5
(0.5/(1-0))=0.5
If v = 0.0001, then the molar ratio will be 0.50005005
(0.5/(1-0.0001))=0.50005005
If v = 0.03, then the molar ratio will be 0.51546
(0.5/(1-0.03))=0.51546
Even when t is less than 0.5, the conditions of the claim can still be met.
When t = 0.49 and v = 0.03, then the molar ratio will be 0.50515
(0.49/(1-0.03))=0.50515
Masato et al. also teaches the lithium-cobalt composite oxides to which zirconium and magnesium are highly stable at a high potential. Further, the lithium-nickel-manganese composite oxides have a layered structure excellent in thermal stability at a high potential in Para. 16.
Cheon et al. and Masato et al. are both considered to be analogous to the claimed invention because they both teach secondary batteries, for applications such as cellular devices, with an anode, cathode, separator, and electrolyte. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to configure the battery of Cheon et al. in view of Imaji et al. to contain a positive electrode active material that comprises a lithium transition metal oxide containing nickel, cobalt, and manganese as a main component; and a molar ratio of nickel to a total of nickel, cobalt, and manganese in the lithium transition metal oxide is 0.5 or more, as taught by Masato et al.. This would be because Masato et al. also teaches the lithium-cobalt composite oxides to which zirconium and magnesium are highly stable at a high potential. Further, lithium-nickel-manganese composite oxides have a layered structure excellent in thermal stability at a high potential as taught by Masato et al. in Para. 16.
Regarding Claim 13, Cheon et al. in view of Imaji et al. teaches an energy storage device according to claim 9.
Cheon et al. teaches a separator (see e.g. Cheon et al. teaches the insulating separator disposed between sheet-type positive and negative electrodes in Para. 4).
Cheon et al. in view of Imaji et al. does not explicitly teach wherein the separator has a porosity of 50% or more.
However, Masato et al. teaches wherein the separator has a porosity of 50% or more in Para. 40. Masato et al. explains this is to prevent cycle deterioration in Para. 20 and 69-70.
Cheon et al. and Masato et al. are both considered to be analogous to the claimed invention because they both teach secondary batteries, for applications such as cellular devices, with an anode, cathode, separator, and electrolyte. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the battery of Cheon et al. in view of Imaji et al. so that the separator has a porosity of 50% or more to prevent cycle deterioration as taught by Masato et al. in Para. 20 and 69-70.
Claims 7, 8, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Cheon et al. (US 2006/0008702) in view of Imaji et al. (US 2015/0340693 A1) as applied to claim 1 above, and further in view of Kako et al. (US 2015/0093647). Kako et al. was relied upon in the Final Rejection filed 8/6/2025.
Regarding Claim 7 and 8, Cheon et al. in view of Imaji et al. teaches an energy storage device according to claim 1.
Cheon et al. in view of Imaji et al. fails to teach wherein the negative active material layer contains a cellulose derivative in which a counter cation is a metal ion (Claim 7) and wherein the metal ion is a sodium ion (Claim 8).
However, Kato et al. teaches wherein the negative active material layer contains a cellulose derivative in which a counter cation is a metal ion and wherein the metal ion is a sodium ion by Part of a thickener added to a binder for the negative active material: methyl cellulose or carboxymethyl cellulose and sodium salts in Para. 70. Kato et al. teaches this acts as a paste viscosity regulator and thickener to the binder for non-graphitizable carbon for a nonaqueous electrolyte-based battery in Para. 70.
Cheon et al. and Kako et al. are both considered to be analogous to the claimed invention because they both teach batteries with an anode, cathode, separator, and nonaqueous electrolyte. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to take the battery of Cheon et al. in view of Imaji et al. and add a binder to adhere the active material to the substrate and add a thickener to the binder, as taught by Kako et al., to regulate its viscosity as noted by Kako et al. in Para. 70.
Regarding Claims 15 and 16, Cheon et al. in view of Imaji et al. teaches an energy storage device according to claim 9.
Cheon et al. in view of Imaji et al. fails to teach wherein the negative active material layer contains a cellulose derivative in which a counter cation is a metal ion (Claim 15) and wherein the metal ion is a sodium ion (Claim 16).
However, Kato et al. teaches wherein the negative active material layer contains a cellulose derivative in which a counter cation is a metal ion and wherein the metal ion is a sodium ion by Part of a thickener added to a binder for the negative active material: methyl cellulose or carboxymethyl cellulose and sodium salts in Para. 70. Kato et al. teaches this acts as a paste viscosity regulator and thickener to the binder for non-graphitizable carbon for a nonaqueous electrolyte-based battery in Para. 70.
Cheon et al. and Kako et al. are both considered to be analogous to the claimed invention because they both teach batteries with an anode, cathode, separator, and nonaqueous electrolyte. Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to take the battery of Cheon et al. in view of Imaji et al. and add a binder to adhere the active material to the substrate and add a thickener to the binder, as taught by Kako et al., to regulate its viscosity as noted by Kako et al. in Para. 70.
Claims 17-20 are rejected under 35 U.S.C. 103 as being unpatentable over Cheon et al. (US 2006/0008702) in view of Imaji et al. (US 2015/0340693 A1) as applied to claims 1 and 9 above, and further in view of Yoshida et al. (US 6,136,471)
Regarding claim 17, Cheon et al. in view of Imaji et al. teaches the energy storage device according to claim 1.
Cheon et al. in view of Imaji et al. fails to explicitly teach wherein a lower limit of the negative active material in the negative active material layer is 80% by mass.
However, Yoshida et al. teaches a preferred negative electrode active material is non-graphitizing carbon in Column 6: lines 41-49. Yoshida et al. teaches 95 parts by carbon, the active material, and 5 parts binder resin for the negative electrode in embodiment 1 in Column 7: lines 59-62. Yoshida et al. teaches the same composition was used for Embodiment 2 and 3 and 5 in Column 8: lines 51-53, Column 9: lines 6-8, and Column 10: lines 14-16 respectively. Embodiment 4 comprises 95 parts of carbon and 5 parts of a different binder resin in Column 9: lines 33 and 42-46. Yoshida et al. teaches the negative electrode active material layers comprises negative active material particles dispersed ad bound with a binder resin in Column 3: lines 23-26.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the negative active material layer of Cheon et al in view of Imaji, to have 95 parts by mass of the negative electrode active material, such as a non-graphitizing carbon, and 5 parts by mass of a binder resin, as taught by Yoshida et al.. Yoshida et al. establishes this as a known technique of a 95 parts by mass active carbonaceous material to 5 parts by mass binder resin, to a known device of a negative electrode active material layer, that would yield predictive results and result in an improved system of binding the negative active material particles as noted in Column 3: lines 23-26 of Yoshida et al..
Regarding claim 18, Cheon et al. in view of Imaji et al. teaches the energy storage device according to claim 1.
Cheon et al. in view of Imaji et al. fails to explicitly teach wherein a lower limit of the negative active material in the negative active material layer is 90% by mass.
However, Yoshida et al. teaches a preferred negative electrode active material is non-graphitizing carbon in Column 6: lines 41-49. Yoshida et al. teaches 95 parts by carbon, the active material, and 5 parts binder resin for the negative electrode in embodiment 1 in Column 7: lines 59-62. Yoshida et al. teaches the same composition was used for Embodiment 2 and 3 and 5 in Column 8: lines 51-53, Column 9: lines 6-8, and Column 10: lines 14-16 respectively. Embodiment 4 comprises 95 parts of carbon and 5 parts of a different binder resin in Column 9: lines 33 and 42-46. Yoshida et al. teaches the negative electrode active material layers comprises negative active material particles dispersed ad bound with a binder resin in Column 3: lines 23-26.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the negative active material layer of Cheon et al in view of Imaji, to have 95 parts by mass of the negative electrode active material, such as a non-graphitizing carbon, and 5 parts by mass of a binder resin, as taught by Yoshida et al.. Yoshida et al. establishes this as a known technique of a 95 parts by mass active carbonaceous material to 5 parts by mass binder resin, to a known device of a negative electrode active material layer, that would yield predictive results and result in an improved system of binding the negative active material particles as noted in Column 3: lines 23-26 of Yoshida et al..
Regarding claim 19, Cheon et al. in view of Imaji et al. teaches the energy storage device according to claim 9.
Cheon et al. in view of Imaji et al. fails to explicitly teach wherein a lower limit of the negative active material in the negative active material layer is 80% by mass.
However, Yoshida et al. teaches a preferred negative electrode active material is non-graphitizing carbon in Column 6: lines 41-49. Yoshida et al. teaches 95 parts by carbon, the active material, and 5 parts binder resin for the negative electrode in embodiment 1 in Column 7: lines 59-62. Yoshida et al. teaches the same composition was used for Embodiment 2 and 3 and 5 in Column 8: lines 51-53, Column 9: lines 6-8, and Column 10: lines 14-16 respectively. Embodiment 4 comprises 95 parts of carbon and 5 parts of a different binder resin in Column 9: lines 33 and 42-46. Yoshida et al. teaches the negative electrode active material layers comprises negative active material particles dispersed ad bound with a binder resin in Column 3: lines 23-26.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the negative active material layer of Cheon et al in view of Imaji, to have 95 parts by mass of the negative electrode active material, such as a non-graphitizing carbon, and 5 parts by mass of a binder resin, as taught by Yoshida et al.. Yoshida et al. establishes this as a known technique of a 95 parts by mass active carbonaceous material to 5 parts by mass binder resin, to a known device of a negative electrode active material layer, that would yield predictive results and result in an improved system of binding the negative active material particles as noted in Column 3: lines 23-26 of Yoshida et al..
Regarding claim 20, Cheon et al. in view of Imaji et al. teaches the energy storage device according to claim 9.
Cheon et al. in view of Imaji et al. fails to explicitly teach wherein a lower limit of the negative active material in the negative active material layer is 90% by mass.
However, Yoshida et al. teaches a preferred negative electrode active material is non-graphitizing carbon in Column 6: lines 41-49. Yoshida et al. teaches 95 parts by carbon, the active material, and 5 parts binder resin for the negative electrode in embodiment 1 in Column 7: lines 59-62. Yoshida et al. teaches the same composition was used for Embodiment 2 and 3 and 5 in Column 8: lines 51-53, Column 9: lines 6-8, and Column 10: lines 14-16 respectively. Embodiment 4 comprises 95 parts of carbon and 5 parts of a different binder resin in Column 9: lines 33 and 42-46. Yoshida et al. teaches the negative electrode active material layers comprises negative active material particles dispersed ad bound with a binder resin in Column 3: lines 23-26.
Therefore, it would have been obvious to someone of ordinary skill in the art before the effective filing date of the claimed invention to modify the negative active material layer of Cheon et al in view of Imaji, to have 95 parts by mass of the negative electrode active material, such as a non-graphitizing carbon, and 5 parts by mass of a binder resin, as taught by Yoshida et al.. Yoshida et al. establishes this as a known technique of a 95 parts by mass active carbonaceous material to 5 parts by mass binder resin, to a known device of a negative electrode active material layer, that would yield predictive results and result in an improved system of binding the negative active material particles as noted in Column 3: lines 23-26 of Yoshida et al..
Response to Arguments
Applicant's arguments filed 12/05/2025 have been fully considered but they are not persuasive.
Applicant argues in paragraph 2 of page 8 of Applicant’s remarks that the amendments of negative active material layer is 80% by mass or 90% by mass would not correspond to the film 41 of Hatanaka.
Examiner respectfully disagrees. The claims that Hatanaka is relied upon to teach (claims 3 and 11) are not dependent upon claims 17-20. Additionally, claims 17-20 are not dependent upon claims 3 and 11. Thus Hatanaka did not need to be relied upon to teach the limitation of claims 17-20 nor need to be considered. Additionally, the teaching of Hatanaka does not mean the teaching of Yoshida of the negative active material mass % would not still be relevant. They relate to separate structures of the negative electrode. The examiner requests more clarification for why or how the applicant believes the film 41 of Hatanaka affects the mass % claim limitation.
For the above reason, applicant’s argument is not found persuasive.
Applicant argues in paragraph 3-4 of page 8 of Applicant’s Remarks the positive electrode 11 is suppressed from being shifted in the end edge direction when vibration in the vertical direction is applied to the battery case 3. Cheon fails to teach or suggest such claim features. Cheon teaches that in order to reinforce the rigidity of the initial wound portion, one of the electrodes has a leading edge with a rigidity reinforcing member.
Examiner respectfully disagrees. Applicant is arguing details that are not claimed features. Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims.
For the above reason, applicant’s argument is not found persuasive.
Applicant argues from paragraph 5 of page 8 to paragraph 1 of page 10 along with the figures that Cheon teaches a leading edge would be thicker than the rest of the electrode, however Cheon fails to teach or suggest in a cross section of the negative electrode in a winding axis direction of the wound electrode assembly.
Examiner respectfully disagrees. Applicant appears to have interpreted winding axis direction as the Y axis, as shown by the annotated Fig. on Page 9 and 10 of Applicant’s remarks. This Y axis is perpendicular to the spiral winding axis direction. However, the phrase “winding axis direction” is still too broad to exclude other interpretations. The interpretation of Cheon et al. is still valid because “winding axis direction” has not been further defined. The examiner recommends further defining the “winding axis direction” to clarify, for example, it is parallel with the axis formed between the two oval or circular ends of the winding core. This is the same issue with the layering direction as currently claimed. Because it is not further defined, it can be interpreted in a multitude of ways. Ueki et al. (US 8,771,860 B2) is an example of explicitly defining a different interpretation of winding direction as seen in Fig. 3 and 4. While they don’t explicitly use the term “axis”, the term “axis” is broad.
For the above reason, applicant’s argument is not found persuasive.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
US 2017/0141395 A1 teaches a battery containing a non-graphitizable carbon as an active material for a negative electrode. This was cited in the Non-Final Rejection filed 2/24/2025.
US 2008/0076032 A1 teaches a battery containing a non-graphitizable carbon as an active material for a negative electrode. This was cited in the Non-Final Rejection filed 2/24/2025.
JP 2009/211956 A teaches a battery containing a non-graphitizable carbon as an active material for a negative electrode, variations in active material thickness, and lithium composite oxides for positive electrode active materials. This was cited in the Non-Final Rejection filed 2/24/2025.
US 2006/02229444 teaches the effect of variation of thickness of the electrode layers on charge capacity. This was cited in the Non-Final Rejection filed 2/24/2025.
JP 2009-266467 A teaches the commonality of difference in active material layer thickness. This was cited in the Non-Final Rejection filed 2/24/2025.
US 6,136,471 teaches a difference in a coating ratio in the thickness direction of the electrode layer relaxes the difference in speed of intercalation and disintercalation of lithium ions between the separator and the inside of the positive and negative electrode active material layers. This was cited in the Non-Final Rejection filed 2/24/2025.
US 7,432,018 teaches a thicker negative electrode active material edge. This was cited in the Final Rejection filed 8/6/2025.
US 4,154,908 teaches non-uniform active material layers. This was cited in the Final Rejection filed 8/6/2025.
US 2017/0373299 teaches uneven active material edges off of uncoated electrode tabs. This was cited in the Final Rejection filed 8/6/2025.
JP 2001/015146 teaches changes in electrode mixture layer thickness in a wound electrode.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to KATHERINE J METZGER whose telephone number is (571)272-0170. The examiner can normally be reached Monday - Thursday (1st week) or Monday - Friday (2nd week) 7:30am-5:00am - 9-day biweekly schedule.
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/KATHERINE J METZGER/ Examiner, Art Unit 1723
/CHRISTIAN ROLDAN/Primary Examiner, Art Unit 1723
April 1, 2026
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