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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/7/2025 has been entered.
Claim Status
This Office action is in response to the amendment and remarks filed on 11/7/2025.
Claims 1 and 3 have been amended.
Claim 2 has been cancelled.
Claims 1 and 3 are currently pending.
Response to Amendment
In light of the amendment the rejections to claims 1 and 3 under 112(b) are withdrawn.
Response to Arguments
Applicant's arguments filed 11/7/2025 have been fully considered but they are not persuasive.
The applicant is arguing that there is no prima facia case of obviousness over the claimed range of the compressive modulus of elasticity of the elastic body is smaller than that of the separator, and the compressive modulus of elasticity of the separator is 0.3 times to 0.7 times the compressive modulus of elasticity of the negative electrode active material layer.
OKA [0043] discloses the separator materials are also olefin resins such as polyethylene, polypropylene, and copolymers including at least one of ethylene and propylene, and celluloses that can be assumed to have elasticity within the claimed range since they are essentially the same material disclosed in the instant specification i.e. [0051] “an olefin-based resin such as polyethylene or polypropylene, cellulose, and the like.” The office concedes that it has no way to measure the elasticity of the separator disclosed by OKA, but has indeed shown a prima facia case of obviousness to that the separator disclosed by OKA must have the same physical properties as the separator disclosed in the instant specification.
The examiner would also like to point out that the elastic body disclosed by OKA has a range of elasticity that falls outside of the disclosed range of elasticity of the instant specification. While a prima facia case of obviousness could still be made without the showing of any suprising and unexpected results, it may further prosecution of the application to capture the instantly disclosed range of elasticity of the instantly claimed elastic body.
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 and 3 are rejected under 35 U.S.C. 103 as being unpatentable over WO 2018179897 disclosed in the IDS dated 07/28/2022 with US 20200144560 A1, OKA et al. used as the English translation in view of US 20180294510 A1, KITAURA et al. disclosed in the IDS dated 05/02/2024, and in further view of US 20190245190 A1, WATANABE et al. also disclosed in the IDS dated 05/02/2024.
Regarding claim 1. OKA discloses a secondary battery module [0001] comprising:
at least one non-aqueous electrolyte secondary battery [0006]; and
an elastic body [0007] which is referred to as an elastic sheet that is arranged together with the non-aqueous electrolyte secondary battery in an arrangement direction and receives a physical load [0008] referred to as pressure from the non-aqueous electrolyte secondary battery in the arrangement direction, wherein the non-aqueous electrolyte secondary battery includes
an electrode assembly [abstract] in which
a positive electrode [0007],
a negative electrode [0007], and
a separator disposed between the positive electrode and the negative electrode are stacked [0007], and
a housing [abstract] which is referred to as a case that accommodates the electrode assembly,
OKA does not teach: a compressive modulus of elasticity of the elastic body is 5 MPa to 120 MPa, and
the positive electrode includes
a positive electrode current collector that contains Ti and has
a thickness of 1 µm to 8 µm, and
a positive electrode active material layer that is disposed on the positive electrode current collector and contains
a lithium nickel-containing composite oxide in which a proportion of Ni is 70 mol% to 100 mol% with respect to a total amount of metal elements excluding Li.
a content of Ti in the positive electrode current collector is 50% by mass or more,
a compressive modulus of elasticity of the separator is smaller than that of a negative electrode active material layer constituting the negative electrode,
the compressive modulus of elasticity of the of the elastic body is smaller than that of the separator, and
the compressive modulus of elasticity of the separator is 0.3 times to 0.7 times the compressive modulus of elasticity of the negative electrode active material layer.
KITAURA discloses a Laminated Battery Module [title] where it is disclosed that the laminated battery module described in any of [1] to [5], wherein the elastic modulus of the elastic member at 80° C. is 200 MPa or less ([0020] composed of polyester).
KITURA [0022] also discloses a laminated battery module is provided, that is capable of imparting a minimum required restraining load to a battery laminate at a low temperature and a low charging rate, while also withstanding the load on the battery laminate at a high temperature and a high charging rate, without increasing the size of a restraining member.
KITAURA does not disclose:
the positive electrode includes
a positive electrode current collector that contains Ti as a main component and has
a thickness of 1 µm to 8 µm, and
a positive electrode active material layer that is disposed on the positive electrode current collector and contains
a lithium nickel-containing composite oxide in which a proportion of Ni is 70 mol% to 100 mol% with respect to a total amount of metal elements excluding Li.
a content of Ti in the positive electrode current collector is 50% by mass or more,
a compressive modulus of elasticity of the separator is smaller than that of a negative electrode active material layer constituting the negative electrode,
the compressive modulus of elasticity of the of the elastic body is smaller than that of the separator, and
the compressive modulus of elasticity of the separator is 0.3 times to 0.7 times the compressive modulus of elasticity of the negative electrode active material layer.
WATANABE discloses A Stacked Battery where is disclosed that:
the positive electrode includes
a positive electrode current collector that contains Ti [0029] as a main component and has
a thickness of 1 µm to 8 µm [0030], is preferably 0.1 μm to 1 mm, and is more preferably 1 μm to 100 μm such a range makes it possible to contact the current collector layers 11 and 12 each other more properly in nail penetration and
a positive electrode active material layer that is disposed on the positive electrode current collector and contains
a lithium nickel-containing composite oxide [0044] disclosed as lithium nickelate (LiNiO2) in which a proportion of Ni 100 mol% with respect to a total amount of metal elements excluding Li.
WATANABE does not specifically disclose a content of Ti in the positive electrode current collector is 50% by mass or more.
However, WATANABE [0025] discloses that the current collector “consists of at least one metal selected from the group consisting of copper, stainless steel, nickel, iron, chromium, and titanium.”
WATANABE [0029] discloses the motivation that “[a]ll these metals have a high melting point of no less than 1000° C., and have sufficient electron conductivity.”
None of the references explicitly disclose a compressive modulus of elasticity of the separator is smaller than that of a negative electrode active material layer constituting the negative electrode,
the compressive modulus of elasticity of the of the elastic body is smaller than that of the separator, and
the compressive modulus of elasticity of the separator is 0.3 times to 0.7 times the compressive modulus of elasticity of the negative electrode active material layer.
When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § 2112- 2112.02.
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OKA does not explicitly disclose the properties as claimed in the instant application, however because of the use of the same material, such as silicone rubber as disclosed by OKA [0052] and the instant specification also [0052] in the same location in the battery as shown in the annotated figures depicted above it would be reasonable to conclude that the properties of the elastic body would also be the same.
It would have been obvious for one of ordinary skill in the art before the effective filing date to have used the lithium nickelate on a titanium current collector within the thickness range of 1-100 µm thick taught by WATANABE, as well as the motivation disclosed by WATANABE to use a titanium current collector due to its high melting point along with the elastic body that has an elastic modulus of 200 MPa or less taught by KITAURA in the non-aqueous electrolyte secondary battery taught by OKA in order to allow the stack to withstand a larger load i.e. a nail penetrating into the stack from a side direction while still using a high voltage active material taught by WATANABE.
Regarding claim 3. OKA teaches a non-aqueous electrolyte secondary battery [0006] comprising:
an electrode assembly [abstract] in which
a positive electrode [0007],
a negative electrode [0007], and
a separator disposed between the positive electrode and the negative electrode are stacked [0007];
an elastic body [0007] which is referred to as an elastic sheet that receives a load from the electrode assembly in a stacking direction of the electrode assembly; and
a housing [abstract] which is referred to as a case that accommodates the electrode assembly and the elastic body.
OKA does not teach:
a compressive modulus of elasticity of the elastic body is 5 MPa to 120 MPa, and
the positive electrode includes
a positive electrode current collector that contains Ti as a main component and has
a thickness of 1 µm to 8 µm, and
a positive electrode active material layer that is disposed on the positive electrode current collector and contains
a lithium nickel-containing composite oxide in which a proportion of Ni is 70 mol% to 100 mol% with respect to a total amount of metal elements excluding Li.
a content of Ti in the positive electrode current collector is 50% by mass or more,
a compressive modulus of elasticity of the separator is smaller than that of a negative electrode active material layer constituting the negative electrode,
the compressive modulus of elasticity of the of the elastic body is smaller than that of the separator, and
the compressive modulus of elasticity of the separator is 0.3 times to 0.7 times the compressive modulus of elasticity of the negative electrode active material layer.
KITAURA discloses a Laminated Battery Module [title] where it is disclosed that the laminated battery module described in any of [1] to [5], wherein the elastic modulus of the elastic member at 80° C. is 200 MPa or less ([0020] composed of polyester).
KITURA [0022] also discloses a laminated battery module is provided, that is capable of imparting a minimum required restraining load to a battery laminate at a low temperature and a low charging rate, while also withstanding the load on the battery laminate at a high temperature and a high charging rate, without increasing the size of a restraining member.
KITURA does not disclose:
the positive electrode includes
a positive electrode current collector that contains Ti as a main component and has
a thickness of 1 µm to 8 µm, and
a positive electrode active material layer that is disposed on the positive electrode current collector and contains
a lithium nickel-containing composite oxide in which a proportion of Ni is 70 mol% to 100 mol% with respect to a total amount of metal elements excluding Li.
a content of Ti in the positive electrode current collector is 50% by mass or more,
a compressive modulus of elasticity of the separator is smaller than that of a negative electrode active material layer constituting the negative electrode,
the compressive modulus of elasticity of the of the elastic body is smaller than that of the separator, and
the compressive modulus of elasticity of the separator is 0.3 times to 0.7 times the compressive modulus of elasticity of the negative electrode active material layer.
WATANABE discloses a Stacked Battery where is disclosed that:
the positive electrode includes
a positive electrode current collector that contains Ti [0009] as a main component and has
a thickness of 1 µm to 8 µm [0030], is preferably 0.1 μm to 1 mm, and is more preferably 1 μm to 100 μm such a range makes it possible to contact the current collector layers 11 and 12 each other more properly in nail penetration, and
a positive electrode active material layer [0044] that is disposed on the positive electrode current collector and contains
a lithium nickel-containing composite oxide [0044] disclosed as lithium nickelate (LiNiO2) in which a proportion of Ni is 100 mol% with respect to a total amount of metal elements excluding Li.
lithium nickelate (LiNiO2) is well known in the art for its high voltage capacity used as an electrode active material.
WATANABE does not specifically disclose a content of Ti in the positive electrode current collector is 50% by mass or more.
However, WATANABE [0025] discloses that the current collector “consists of at least one metal selected from the group consisting of copper, stainless steel, nickel, iron, chromium, and titanium.”
WATANABE [0029] discloses the motivation that “[a]ll these metals have a high melting point of no less than 1000° C., and have sufficient electron conductivity.”
None of the references explicitly disclose a compressive modulus of elasticity of the separator is smaller than that of a negative electrode active material layer constituting the negative electrode,
the compressive modulus of elasticity of the of the elastic body is smaller than that of the separator, and
the compressive modulus of elasticity of the separator is 0.3 times to 0.7 times the compressive modulus of elasticity of the negative electrode active material layer.
When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § 2112- 2112.02.
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409
423
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399
721
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OKA does not explicitly disclose the properties as claimed in the instant application, however because of the use of the same material, such as silicone rubber as disclosed by OKA [0052] and the instant specification also [0052] in the same location in the battery as shown in the annotated figures depicted above it would be reasonable to conclude that the properties of the elastic body would also be the same.
It would have been obvious for one of ordinary skill in the art before the effective filing date to have used the lithium nickelate on a titanium current collector within the thickness range of 1-100 µm thick taught by WATANABE, as well as the motivation disclosed by WATANABE to use a titanium current collector due to its high melting point along with the elastic body that has an elastic modulus of 200 MPa or less taught by KITAURA in the non-aqueous electrolyte secondary battery taught by OKA in order to allow the stack to withstand a larger load i.e. a nail penetrating into the stack from a side direction while still using a high voltage active material taught by WATANABE.
It would have also been obvious for one of ordinary skill in the art to have used the lithium nickelate on a titanium current collector within the thickness range of 1-100 µm thick taught by WATANABE with the elastic body that has an elastic modulus of 200 MPa or less taught by KITAURA in the non-aqueous electrolyte secondary battery taught by OKA in order to allow the stack to withstand a larger load i.e. a nail penetrating into the stack from a side direction while still using a high voltage active material taught by WATANABE.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAWRENCE LA RAIA III whose telephone number is (703)756-5441. The examiner can normally be reached Mon-Thur 6:00am-4:00pm.
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LAWRENCE LA RAIA III
Examiner
Art Unit 1727
/L.L./Examiner, Art Unit 1727
/Maria Laios/Primary Examiner, Art Unit 1727