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 .
Examiner’s Comments
Applicants’ response filed on 12/29/2025 has been fully considered. Claim 7 is cancelled, claims 11-15 are new and claims 1-6 and 8-15 are pending.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 12/29/2025 has been entered.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 6 and 8-15 are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi et al (US 2018/0375083 A1) in view of Kim et al (US 2015/0118543 A1).
Regarding claim 1, Takahashi disclose a lithium ion battery (nonaqueous electrolyte secondary battery; paragraph [0014]), comprising: a positive electrode (paragraph [0038]); a negative electrode (paragraph [0061]); a positive electrode lead connected to the positive electrode (first lead connected to the first electrode; Fig. 2 #13; paragraphs [0014] and [0047]); an insulating tape covering the positive electrode lead (Fig. 2 #14; paragraph [0047]); and an electrolyte (nonaqueous electrolyte; paragraph [0067]), wherein
the insulating tape has a substrate layer mainly containing organic material (substrate layer #141 comprising first organic layer #141a and second organic layer #141b; Fig. 2 #141; paragraphs [0047] and [0050]), and a filler layer provided on the substrate layer (first adhesive layer comprising adhesive and insulating inorganic filler; Fig. 2 #142; paragraph [0047] and [0054]-0055]), the electrolyte includes fluorine (nonaqueous electrolyte comprising salt of LiPF6; paragraphs [0067]-[0068] and [0090]) and the filler layer is in direct contact with the positive electrode lead (first adhesive layer #142 is directly bonded to positive electrode lead #13; Fig. 2; paragraph [0047]).
Takahashi does not disclose the lithium ion battery comprising the filler layer including at least one alkaline earth metal compound selected from the group consisting of beryllium nitrate, magnesium nitrate, calcium nitrate, strontium nitrate, barium nitrate, beryllium sulfate, magnesium sulfate, calcium sulfate, strontium sulfate, barium sulfate, and combinations thereof.
However, Kim discloses a lithium ion battery (lithium secondary battery; paragraph [0045]) comprising an adhesive tape comprising a filler layer (layer formed from a flame retardant and heat resistant resin composition; paragraph [0046]), wherein the flame retardant and heat resistant resin composition includes an inorganic filler (paragraph [0065]) and wherein the at least one alkaline earth metal compound is selected from barium sulfate and calcium sulfate, (inorganic filler may be a variety of materials including sulfates, such as barium sulfate and calcium sulfate; paragraph [0066]).
It would have been obvious to one of ordinary skill in the art to modify the lithium ion battery of Takahashi to substitute the insulating inorganic filler in the adhesive layer of the insulating tape of Takahashi for the inorganic materials of barium sulfate and calcium sulfate of Kim because the having the required inorganic filler provides excellent flame retardant and heat resistant effects in an insulating tape (paragraph [0065] of Kim).
Regarding claim 6, Takahashi and Kim disclose the lithium ion battery of claim 1 as noted above and Takahashi discloses the lithium ion battery comprising the electrolyte being selected from LIPF6, LiBF4, LiSbF6 and LiAsF6 (paragraph [0068]).
Regarding claim 8, Takahashi and Kim disclose the lithium ion battery of claim 1 as noted above
Takahashi does not disclose the lithium ion battery comprising a content of the at least one alkaline earth metal compound in the filler layer being in a range of 20 mass% to 70 mass%.
However, Kim discloses a lithium ion battery (lithium secondary battery; paragraph [0045]) comprising an adhesive tape comprising a filler layer (layer formed from a flame retardant and heat resistant resin composition; paragraph [0046]), wherein the flame retardant and heat resistant resin composition includes an inorganic filler (paragraph [0065]) and wherein the at least one alkaline earth metal compound is selected from barium sulfate and calcium sulfate, (inorganic filler may be a variety of materials including sulfates, such as barium sulfate and calcium sulfate; paragraph [0066]) and wherein the content of the at least one alkaline earth metal compound in the filler layer being in a range of 20 mass% to 70 mass% (a mixing ratio of inorganic filler to thermoplastic or thermosetting resin is 0.01 to 50 parts by weight based on 100 parts by weight of thermoplastic resin or thermosetting resin; paragraph [0067]).
The amount of inorganic filler based on the total amount of inorganic filler and thermoplastic resin or thermosetting resin is 0.0099% (0.01/100.01 x 100%) to 33% (50/150 x 100%) by weight. This range overlaps the claimed range for the content of the at least one alkaline earth metal compound in the filler layer.
It would have been obvious to one of ordinary skill in the art to select any portion of the disclosed ranges including the instantly claimed ranges from the ranges disclosed in the prior art reference in order to balance between mechanical properties and flame retardant performance (paragraph [0067] of Kim). It has been held that “[i]n the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists.” Please see MPEP 2144.05, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); and In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 9, Takahashi and Kim disclose the lithium ion battery of claim 1 as noted above and Takahashi discloses the lithium ion battery comprising the positive electrode (Fig. 2 #10; paragraph [0046]) includes a current collector elongated in a longitudinal direction thereof (Fig. 2 #11; paragraph [0046]), the positive electrode has, on at least one side of an end in the longitudinal direction, an exposed part where the positive electrode current collector is free of a positive electrode active material disposed thereon (exposed portion of positive electrode current collector; Fig. 2 #11a; paragraph [0047]), and one end part of the positive electrode lead is disposed on the exposed part (overlapping portion of positive electrode lead; Fig. 2 #13a; paragraph [0047]).
Regarding claim 10, Takahashi and Kim disclose the lithium ion battery of claim 9 as noted above and Takahashi discloses the lithium ion battery comprising the insulating tape covering the one end part of the positive electrode lead (overlapping portion of positive electrode lead; Fig. 2 #13a; paragraph [0047]) and an entire surface of the exposed part (exposed portion of positive electrode current collector; Fig. 2 #11a; paragraph [0047]).
Regarding claim 11, Takahashi and Kim disclose the lithium ion battery of claim 1 as noted above and Takahashi discloses the lithium ion battery comprising the filler layer includes an adhesive (adhesive of first adhesive layer; paragraph [0054]), and the adhesive is at least one selected from the group consisting of acrylic resin, natural rubber, synthetic rubber, silicone, epoxy resin, melamine resin, and phenol resin (paragraph [0054]).
Regarding claim 12, Takahashi and Kim disclose the lithium ion battery of claim 11 as noted above
Takahashi does not disclose the lithium battery comprising a content of the adhesive in the filler layer being in a range of 30 mass% to 80 mass%.
However, Kim discloses a lithium ion battery (lithium secondary battery; paragraph [0045]) comprising an adhesive tape comprising a filler layer (layer formed from a flame retardant and heat resistant resin composition; paragraph [0046]), wherein the flame retardant and heat resistant resin composition includes an inorganic filler (paragraph [0065]) and wherein the at least one alkaline earth metal compound is selected from barium sulfate and calcium sulfate, (inorganic filler may be a variety of materials including sulfates, such as barium sulfate and calcium sulfate; paragraph [0066]) and wherein the content of the adhesive in the filler layer is in a range of 30 mass% to 80 mass% (a mixing ratio of inorganic filler to thermoplastic or thermosetting resin is 0.01 to 50 parts by weight based on 100 parts by weight of thermoplastic resin or thermosetting resin; paragraph [0067]).
The amount of thermoplastic resin or thermosetting resin based on the total amount of inorganic filler and thermoplastic resin or thermosetting resin is 66.67% (100/150 x 100%) to 99.99% (100/100.01 x 100%) by weight. This range overlaps the claimed range for the content of the adhesive in the filler layer.
It would have been obvious to one of ordinary skill in the art to select any portion of the disclosed ranges including the instantly claimed ranges from the ranges disclosed in the prior art reference in order to balance between mechanical properties and flame retardant performance (paragraph [0067] of Kim). It has been held that “[i]n the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists.” Please see MPEP 2144.05, In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); and In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding claim 13, Takahashi and Kim disclose the lithium ion battery of claim 1 as noted above and Takahashi discloses the lithium ion battery comprising the insulating tape is made solely of the substrate layer and the filler layer (insulating #14 in Fig. 2 has a substrate layer #141 and a first adhesive layer #142; Fig. 2; paragraph [0047]).
Regarding claim 14, Takahashi and Kim disclose the lithium ion battery of claim 1 as noted above and Takahashi discloses the lithium ion battery comprising the substrate layer has a surface facing a side of the positive electrode lead (side of substrate layer #141 directly contacting first adhesive layer #142 in Fig. 2; Fig. 2; paragraph [0047]) and a surface on an opposite side (side of substrate layer #141 not directly contacting first adhesive layer #142 in Fig. 2; Fig. 2; paragraph [0047]), the filler layer is in direct contact with the surface, of the substrate layer, facing the side of the positive electrode lead (side of substrate layer #141 directly contacting first adhesive layer #142 in Fig. 2; Fig. 2; paragraph [0047]), and the filler layer is not in contact with the surface, of the substrate layer, on the opposite side (side of substrate layer #141 not directly contacting first adhesive layer #142 in Fig. 2; Fig. 2; paragraph [0047]).
Regarding claim 15, Takahashi and Kim disclose the lithium ion battery of claim 13 as noted above and Takahashi discloses the lithium ion battery comprising the substrate layer has a surface facing a side of the positive electrode lead (side of substrate layer #141 directly contacting first adhesive layer #142 in Fig. 2; Fig. 2; paragraph [0047]) and a surface on an opposite side (side of substrate layer #141 not directly contacting first adhesive layer #142 in Fig. 2; Fig. 2; paragraph [0047]), the filler layer is in direct contact with the surface, of the substrate layer, facing the side of the positive electrode lead (side of substrate layer #141 directly contacting first adhesive layer #142 in Fig. 2; Fig. 2; paragraph [0047]), and the filler layer is not in contact with the surface, of the substrate layer, on the opposite side (side of substrate layer #141 not directly contacting first adhesive layer #142 in Fig. 2; Fig. 2; paragraph [0047]).
Claims 2 and 4-5 are rejected under 35 U.S.C. 103 as being unpatentable over Takahashi et al (US 2018/0375083 A1) in view of Kim et al (US 2015/0118543 A1) in view of Yabuki et al (JP 2019-046792 A1).
Regarding claim 2, Takahashi and Kim disclose the lithium ion battery of claim 1 as noted above.
Takahashi and Kim do not disclose the lithium ion battery comprising the electrolyte including vinylene carbonate.
However, Yabuki discloses a lithium ion battery (non-aqueous electrolyte lithium secondary battery; paragraph [0001]) comprising lithium metal oxide positive electrodes, lithium based negative electrodes and non-aqueous electrolytes comprising fluorinated electrolyte solvents and fluoride salts, along with carbonate solvents (paragraph [0048]) that may include vinylene carbonate (paragraph [0049]).
It would have been obvious to one of ordinary skill to modify the lithium ion battery of Takahashi and Kim to include the additive of vinylene carbonate of Yabuki in the non-aqueous electrolyte of Takahashi because having the required vinylene carbonate provides improved charge/discharge cycle characteristics of the battery (paragraph [0049] of Yabuki).
Regarding claim 4, Takahashi and Kim disclose the lithium ion battery of claim 1 as noted above.
Takahashi and Kim do not disclose the lithium ion battery comprising the electrolyte comprising lithium difluorophosphate.
However, Yabuki discloses a lithium ion battery (non-aqueous electrolyte lithium secondary battery; paragraph [0001]) comprising a non-aqueous electrolyte comprising difluorophosphate salt (paragraph [0049]) and wherein the difluorophosphate salt comprises lithium difluorophosphate (paragraph [0115]).
It would have been obvious to one of ordinary skill in the art to modify the lithium ion battery of Takahashi and Kim to include the lithium difluorophosphate of Yabuki in the non-aqueous electrolyte of Takahashi because having the required lithium difluorophosphate provides improved charge/discharge cycle characteristics of the battery (paragraph [0049] of Yabuki).
Regarding claim 5, Takahashi and Kim disclose the lithium ion battery of claim 1 as noted above and Takahashi disclose the lithium ion battery (nonaqueous electrolyte secondary battery; paragraph [0014]) comprising the non-aqueous electrolyte comprising a non-aqueous solvent comprising carbonates (paragraph [0067]).
Takahashi and Kim do not disclose the lithium ion battery comprising the electrolyte comprising a solvent comprising 4-fluoroethylene carbonate.
However, Yabuki discloses a lithium ion battery (non-aqueous electrolyte lithium secondary battery; paragraph [0001]) comprising the non-aqueous electrolyte comprising a cyclic carbonate comprising fluoroethylene carbonate (paragraph [0030]).
It would have been obvious to one of ordinary skill in the art to modify the lithium ion battery of Takahashi and Kim to substitute the non-aqueous solvent of the non-aqueous electrolyte of Takahashi for the fluoroethylene carbonate of Yabuki because having the required cyclic carbonate such as fluoroethylene carbonate improves discharge performance at low temperatures while suppressing flammability (paragraph [0031] of Yabuki).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Takahashi et al (US 2018/0375083 A1) in view of Kim et al (US 2015/0118543 A1) in further view of Oura et al (WO 2018/020896 A1) in view of Kim et al (US 2015/0118543 A1).
Oura et al (US 2019/0157650 A1) is being used as the English translation for Oura et al (WO 2018/020896 A1 published 2/1/2018).
Regarding claim 3, Takahashi and Kim disclose the lithium ion battery of claim 1 as noted above.
Takahashi and Kim do not disclose the lithium ion battery comprising the positive electrode including a Li composite oxide having a Co content of 20% or less.
However, Oura discloses a lithium ion battery (non-aqueous secondary battery; paragraph [0011]) comprising the positive electrode including a Li composite oxide having a Co content of 20% or less (lithium nickel cobalt aluminum composite oxide; paragraph [0062]).
The formula for the composite oxide in paragraph [0062] provides cobalt in a content of 2.25% [(0.09/4 x 100%].
It would have been obvious to one of ordinary skill in the art to modify the lithium ion battery of Takahashi and Kim to include the lithium nickel cobalt aluminum composite oxide of Oura as the positive electrode active material of the positive electrode of Takahashi because lithium nickel cobalt aluminum composite oxide is a known cathode material offering high energy density and enhanced thermal stability.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Applicants argue that Oura does not disclose the filler layer in direct contact with the positive electrode lead.
This argument is moot as Oura does not disclose the filler layer in direct contact with the positive electrode lead. Therefore, the previous rejections have been withdrawn. However, new grounds of rejection have been noted above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SATHAVARAM I REDDY whose telephone number is (571)270-7061. The examiner can normally be reached Monday-Friday 9:00 AM-6:00 PM EST.
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/SATHAVARAM I REDDY/Examiner, Art Unit 1785