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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 December 22nd 2025 has been entered.
Response to Amendment
The Amendment filed December 22nd 2025 has been entered. Claims 1 & 3-17 remain pending in the application. Claim 2 was cancelled by the Applicant. The rejections over Yu are withdrawn due to Applicant’s amendment to Claim 1. However, the rejections over Yu in view of Jin et al. are maintained. New rejections follow.
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.
Claims 1 & 4 are rejected under 35 U.S.C. 103 as being unpatentable over Yu CN 208433464 U and further in view of Jin et al. US 2020/0266475 A1. Yu is mapped to the English machine translation provided by the EPO.
Regarding Claim 1, Yu discloses an electrode sheet (current collector) [Page 1 Line 33] of a secondary battery comprising
A current collector with an insulation layer (base film 11 Figure 1 [Page 2 Line 48] and a conductive layer (metal layer 12 Figure 1 [Page 1 Lines 48-49] on each side of the insulation layer (first metal layer on first surface and second metal layer on second surface [Page 1 Lines 48-50]). See Yu Annotated Figure 1 below:
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Yu Annotated Figure 1
Yu discloses that the base film is an organic composite film made of a polymer such as PE, PET, or PP [Page 3 Lines 56-59], which Yu describes have low conductivity [Page 9 Lines 42-43]. Thus Yu discloses an insulation layer (base film).
The conductive layer has first regions (plurality of first regions Figure 15 Item 221) and second regions (plurality of second regions Figure 15 Item 222) that are alternating sequentially (see Figure 15) [Page 7 Lines 34-40]. See Yu Annotated Figure 15 below:
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Yu Annotated Figure 15
The first region has a thickness greater than the thickness of the second region [Page 7 Lines 37-40]
An active material layer (Item 927 Figure 34) on the second region and part of the first region close to the second region (see Yu Annotated Figure 34 below)
Yu discloses a battery cell (Figure 34) comprising current collectors (Item 926 Figure 34) and active material layers (Item 927 Figure 34), wherein the current collectors are the current collectors of the disclosed embodiments (such as the configuration of Figure 15 with alternating first and second regions) [Page 13 Lines 5-14]. Yu discloses that the active material layer (Item 927 Figure 34) is disposed on the entire current collector, as shown in Annotated Figure 34 below, thus the active material layer would be on the second region (Item 222 Figure 15) and a part of the first region (Item 21 Figure 15) close to the second region. Thus Yu discloses an active layer disposed on the surface of the electrode sheet (current collector having alternating first and second regions as shown in Figure 15 below), wherein the active layer is on the second region and part of the first region close to the second region.
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Yu Annotated Figure 34
However, Yu fails to specifically disclose that the active material extends from a boundary line between each of the first and second regions onto a surface of the first region facing away from the insulation layer by a distance of 1mm to 5mm.
Jin discloses an electrode sheet of a secondary battery (electrode plate [Abstract]) comprising a current collector with an insulation layer (current collector [0020]) and a conductive layer on each side of the insulation layer (thermally conductive layer Figure 6 Item 15 on each side of current collector Figure 6 Item 11 [0041]), similar to that of Yu. As shown in Figure 6, Jin discloses multiple regions of different thicknesses. Jin discloses an active material layer on the second region and part of the first region close to the second region (Figure 6 Item 13) [0048], as illustrated in Jin Annotated Figure 6 below:
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Annotated Figure 6
Further, Jin discloses that the active material extends from a boundary line between the first region and the second region onto the surface of the first region facing away from the insulation layer, as shown in Jin Annotated Partial Figure 6 below.
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Annotated Partial Figure 6
As currently broadly recited, “a surface of the first region facing away from the insulation layer” is open to being a portion of a wider region with the same thickness, thus Jin discloses a surface of the first region, as shown in Annotated Partial Figure 6, that is a portion of Item 131a of the same thickness, wherein the surface of the first region is 1-5mm of Item 131a. Thus, Jin discloses that the active material extends onto the surface of the first region by a distance of 1mm-5mm.
Jin discloses that an electrode sheet with this configuration can reduce the heat generation within the battery and balance the temperature difference between the interior and exterior of the battery, thus improving service life [0006].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the electrode sheet of Yu with the active material layer configuration of Jin to provide an active material layer that extends onto the first region by a distance of 1mm to 5mm, thereby achieving a battery with improved service life dure to improved temperature balance between the interior and exterior of the battery.
Regarding Claim 4, Yu discloses that the insulation layer (base film) has a thickness of 3 µm [Page 4 Lines 5-6], which falls within the claimed range.
Claims 1, 3-6, & 8 are rejected under 35 U.S.C. 103 as being unpatentable over Shao et al. US 2021/0013515 A1 in further in view of Yu CN 208433464 U and Jin et al. US 2020/0266475 A1. Yu is mapped to the English machine translation provided by the EPO.
Regarding Claim 1, Shao discloses an electrode sheet (current collector) with an insulation layer (polymer layer) and a conductive layer (metal layer) disposed on two sides of the insulation layer (first surface and second surface) [0005]. Shao discloses that the polymer layer is made of polymers such as PTFE, PE, PVDF, among others [0020] which are known to be insulators, thus Shao discloses that the polymer layer is an insulation layer. Shao discloses that the metal layer comprises metals such as Ni, Ti, Cu, among others [0021], which are known to be conductive, thus Shao discloses that the metal layer is a conductive layer. Shao discloses that the conductive layer (metal layer) comprises first and second regions (first and second areas) wherein the first region (second area) is thicker than the second region (first area) [0005] (see Shao Annotated Figure 1 below).
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Shao Annotated Figure 1
Shao discloses an active material layer on the second region (first area) [0018]. As shown in Shao Annotated Figure 3, the active material layer is also on a part of the first region close to second region:
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Shao Annotated Figure 3
Shao discloses that there are two first regions (second areas) arranged on opposite sides of the second region (first area) [0018], however is silent as to the electrode sheet comprising multiple second regions alternating with the first regions.
Yu discloses an electrode sheet (current collector) [Page 1 Line 33] of a secondary battery comprising an insulation layer (base film [Page 2 Line 48] and a conductive layer (metal layer [Page 1 Lines 48-49] on each side of the insulation layer (first metal layer on first surface and second metal layer on second surface [Page 1 Lines 48-50]). Similar to that of Shao, Yu discloses that the base film is an organic composite film made of a polymer such as PE, PET, or PP [Page 3 Lines 56-59], which Yu describes have low conductivity [Page 9 Lines 42-43], and that the conductive layer has a first region and a second region with different thicknesses. More specifically, Yu discloses first regions (plurality of first regions Figure 15 Item 221) and second regions (plurality of second regions Figure 15 Item 222) that are alternating sequentially (see Figure 15) [Page 7 Lines 34-40].
Yu discloses that having multiple alternating first and second regions of different thickness can reduce the cost of the current collector [Page 7 Lines 42-45].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to use the configuration of Yu with multiple alternating first and second regions in the current collector of Shao to reduce the cost.
Modified Shao further fails to specifically disclose that the active material extends from a boundary line between each of the first and second regions onto a surface of the first region facing away from the insulation layer by a distance of 1mm to 5mm.
Jin discloses an electrode sheet of a secondary battery (electrode plate [Abstract]) comprising a current collector with an insulation layer (current collector [0020]) and a conductive layer on each side of the insulation layer (thermally conductive layer Figure 6 Item 15 on each side of current collector Figure 6 Item 11 [0041]), similar to that of modified Shao. As shown in Figure 6, Jin discloses multiple regions of different thicknesses. Jin discloses an active material layer on the second region and part of the first region close to the second region (Figure 6 Item 13) [0048], as illustrated in Jin Annotated Figure 6 below:
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Annotated Figure 6
Further, Jin discloses that the active material extends from a boundary line between the first region and the second region onto the surface of the first region facing away from the insulation layer, as shown in Jin Annotated Partial Figure 6 below.
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Annotated Partial Figure 6
As currently broadly recited, “a surface of the first region facing away from the insulation layer” is open to being a portion of a wider region with the same thickness, thus Jin discloses a surface of the first region, as shown in Annotated Partial Figure 6, that is a portion of Item 131a of the same thickness, wherein the surface of the first region is 1-5mm of Item 131a. Thus, Jin discloses that the active material extends onto the surface of the first region by a distance of 1mm-5mm.
Jin discloses that an electrode sheet with this configuration can reduce the heat generation within the battery and balance the temperature difference between the interior and exterior of the battery, thus improving service life [0006].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the electrode sheet of modified Shao with the active material layer configuration of Jin to provide an active material layer that extends onto the first region by a distance of 1mm to 5mm, thereby achieving a battery with improved service life dure to improved temperature balance between the interior and exterior of the battery.
Regarding Claim 3, Shao discloses that the first region (second area) has a thickness of 2-8 µm and the thickness of the second region (first area) is 0.5-3 µm [0019].
Shao therefore discloses ranges of the thicknesses of the first and second regions with a difference that overlaps with the claimed range. For example, when the thickness of first region is 2 µm, and thickness of the second region would need to be in the range of (2-0.6) = 1.4 µm based on a difference of 600nm, to (2-0.001) = 1.999 based on a difference of 1nm, which falls within the range disclosed by Shao for the second region (first area) thickness. In regards to the difference in thickness of the first region and the second region, the Examiner directs Applicant to MPEP 2144.05 I. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. Accordingly, it would have been obvious to one of ordinary skill in the art to have selected the overlapping ranged disclosed by Shao because selection of the overlapping portion or ranges has been held to be a prima facie case of obviousness. See MPEP 2144.05 I.
Additionally, Shao discloses that the thickness of the second region (first area) is in this range so that there is no loss of energy density in a main region of the battery cell [0019]. Shao further discloses that the thickness of the first region (second area) is selected such that the resistance is reduced [0019]. One of ordinary skill in the art would have recognized the thickness of the first and second regions is a result effective variable, and would seek to optimize this parameter, and would therefore arrive at the claimed range to achieve a battery with reduced resistance and prevent a loss of energy density in the battery. See MPEP 2144.05.
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to select a thickness of the first region and a thickness of the second region to reach a difference that overlaps with the claimed range to provide a battery with reduced resistance and prevent energy loss as suggested by Shao.
Regarding Claim 4, Shao discloses in the examples that the insulation layer (polymer layer) has a thickness of 12 µm [0033].
Regarding Claim 5, modified Shao is relied upon for the reasons given above in addressing Claim 1, however fails to specifically disclose the limitations of Claim 5.
Jin illustrates in Figure 6 that the second region (Item 131b) has a first sub-region and a second sub-region (see Jin Annotated Partial Figure 6 below). As shown, the thickness of the first region is greater than the thickness of the second sub-region, and the first sub-region is between the first region and the second sub-region. Additionally, Figure 6 shows that the first sub-region has a thickness that increases gradually in the direction from the second sub-region to the first region. As noted in the Figure 6 segment on the right below, Jin also discloses that the active material is disposed on the second sub-region, first sub-region, and part of the first region.
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Annotated Partial Figure 6
Jin discloses that the embodiment described above (i.e. the gradual change from first region to second region with the inclusion of the subregions) is an alternative configuration to an embodiment wherein the first and second regions change in thickness in a stepwise manner [0044] such as shown in Figure 5, similar to that of Shao.
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Jin Annotated Figure 5
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to substitute one known current collector configuration, i.e. gradual change in thickness with subregions of Jin, for another current collector configuration, i.e. stepwise change in thickness with no subregions of Shao, with reasonable expectation of success. The simple substitution of one current collector configuration for another to obtain predictable results is not patentable. See KSR International Co v. Teleflex Inc., 127 S. Ct. 1727,82 USPQ2d 1385 (2007); MPEP 2143 B.
In addition, by teaching the two alternative current collector configurations of gradual and stepwise thickness changes, Jin demonstrates that these are known equivalents in the art, and the selection of either current collector configuration would have been obvious to one having ordinary skill in the art. See MPEP 2144.06.
Regarding Claim 6, modified Shao with the modification of Jin is relied upon for the reasons given above in addressing Claim 5. Additionally, in Annotated Enlarged Figure 6 below, Jin discloses that there is a boundary line between the first region and the first subregion, a boundary line between the second sub-region and the first region, and that the surface of the first sub-region is convex (corner point) away from the insulation layer.
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Jin Annotated Enlarged Figure 6
Regarding Claim 8, modified Shao with the modification of Jin is relied upon for the reasons given above in addressing Claim 6. Additionally, in Annotated Enlarged Figure 6 below, Jin discloses that there is a boundary line between the first region and the first subregion, a boundary line between the second sub-region and the first region, and that the surface of the first sub-region is a straight line.
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Jin Annotated Enlarged Figure 6
Claims 9-10 & 12-17 are rejected under 35 U.S.C. 103 as being unpatentable over Shao, Yu, and Jin, and further in view of Liang et al. US 2021/0288329 A1.
Regarding Claim 9, Shao discloses that the electrode sheet (current collector) is a negative electrode sheet [0030]. Shao discloses that the conductive layer (metal layer) comprises a function layer (first metal layer) [0018]. Shao discloses that a surface of the functional layer is connected to the insulation layer (base film Figure 4 Item 100). Shao discloses that the thickness of the functional layer at the first region is greater than the thickness of the functional layer at the second region, as shown in Shao Annotated Figure 4 below:
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Shao Annotated Figure 4
Shao fails to disclose that the conductive layer further comprises a protective layer and that the surface of the protective layer at the second region and the surface of the protective region at the first region near the second region are coated with a negative active material layer.
Liang discloses a protective layer on the surface of a conductive layer [0074]. Liang discloses more specifically that the protective layer (upper protective layer) can be on the surface of the conductive layer facing away from an insulation layer (support layer) [0077]. Liang discloses that the active material coats the surface of the protective layer (negative active material layer on outermost side of current collector, which comprises a support layer, conductive layers on either side of the support layer, and protective layers on either side of the conductive layer [0140]).
Liang discloses that the protective layer on the surface of the conductive layer away from the insulation layer (the upper protective layer) prevents damage to the conductive layer during processing such as rolling or corroded by the electrolyte [0077].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify Shao’s current collector with the protective layer of Liang to achieve a current collector with prevent damage and corrosion.
Thus, modified Shao discloses that the surface of the protective layer at the second region and a surface of the protective layer at the part of the first region close to the second region is coated with negative active material as shown in modified Shao Annotated Figure 4 below:
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Modified Shao Annotated Figure 4
Regarding Claim 10, Shao discloses that the thickness of the functional layer (first metal layer) at the first region is 2-8 µm (2000-8000nm) [0019], and that the thickness of the functional layer at the second region is 0.5-3 µm (500-3000nm) [0019], both of which overlap with the claimed ranges. In regards to the thickness of the first and second regions, the Examiner directs Applicant to MPEP 2144.05 I. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. Accordingly, it would have been obvious to one of ordinary skill in the art to have selected the overlapping ranged disclosed by Shao because selection of the overlapping portion or ranges has been held to be a prima facie case of obviousness. See MPEP 2144.05 I.
As mentioned above with regards to Claim 3, Shao discloses that the thickness of the first region (second area) is 2-8 µm and the thickness of the second region (first area) is 0.5-3 µm [0019]. Shao therefore discloses ranges of the thicknesses of the first and second regions with a difference that overlaps with the claimed range. For example, when the thickness of first region is 2 µm, and thickness of the second region would need to be in the range of (2-0.6) = 1.4 µm based on a difference of 600nm, to (2-0.001) = 1.999 based on a difference of 1nm, which falls within the range disclosed by Shao for the second region (first area) thickness. In regards to the difference in thickness of the first region and the second region, the Examiner directs Applicant to MPEP 2144.05 I. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. Accordingly, it would have been obvious to one of ordinary skill in the art to have selected the overlapping ranged disclosed by Shao because selection of the overlapping portion or ranges has been held to be a prima facie case of obviousness. See MPEP 2144.05 I.
Additionally, Shao discloses that the thickness of the second region (first area) is in this range so that there is no loss of energy density in a main region of the battery cell [0019]. Shao further discloses that the thickness of the first region (second area) is selected such that the resistance is reduced [0019]. One of ordinary skill in the art would have recognized the thickness of the first and second regions is a result effective variable, and would seek to optimize this parameter, and would therefore arrive at the claimed range to achieve a battery with reduced resistance and prevent a loss of energy density in the battery. See MPEP 2144.05.
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to select a thickness of the first region and a thickness of the second region to reach a difference that overlaps with the claimed range to provide a battery with reduced resistance and prevent energy loss as suggested by Shao.
Regarding Claim 12, Shao and Liang are relied upon for the reasons given above in addressing Claim 9. However, Shao fails to disclose a bonding layer between the insulation layer and the conductive layer.
Liang discloses a protective layer disposed between the support layer and the conductive layer [0074], thus Liang discloses a bonding layer (protective layer) between the functional layer (conductive layer) and the insulation layer (support layer).
Liang discloses that the protective layer can prevent chemical corrosion or mechanical damage of the conductive layer, which can damage the conductive layer of the current collector [0075].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to further modify Shao’s electrode sheet with Liang’s bonding layer (protective layer) to prevent chemical corrosion or mechanical damage.
Regarding Claim 13, modified Shao discloses, with the modification of Liang’s bonding layer, that the bonding layer has a thickness of 10nm ≤ 50nm [Liang 0083], which falls wholly in the claimed range. In regards to the thickness of the bonding layer, the Examiner directs Applicant to MPEP 2144.05 I. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. Accordingly, it would have been obvious to one of ordinary skill in the art to have selected the overlapping ranged disclosed by Liang because selection of the overlapping portion or ranges has been held to be a prima facie case of obviousness. See MPEP 2144.05 I.
Liang further discloses that the bonding layer (protective layer) can be a metal protective layer [0075, 0078-0080] or aluminum oxide [0081], thus Liang discloses that the bonding layer can be metal or non-metal.
Regarding Claim 14, modified Shao discloses, with the modification of Liang, that the bonding layer is nickel, chromium, nickel-based alloy, or copper-based alloy [Liang 0078], and further discloses that the bonding layer is a nickel-chromium alloy [Liang 0079] or a copper-nickel alloy [Liang 0080]. Thus modified Shao discloses that the bonding layer is metallic and made from Ni, Cr, a Ni alloy, NiCr alloy, or NiCu alloy.
Regarding Claim 15, modified Shao discloses, with the modification of Liang, that the bonding layer is a NiCr alloy that consists of a mass percent of 1:99-99:1 Ni to Cr [0079] or that the bonding layer is a NiCu alloy that consists of a mass percent of 1:99-99:1 Ni to Cu [0080], both of which overlap with the claimed ranges. In regards to the mass percent of bonding layer, the Examiner directs Applicant to MPEP 2144.05 I. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. Accordingly, it would have been obvious to one of ordinary skill in the art to have selected the overlapping ranged disclosed by Liang because selection of the overlapping portion or ranges has been held to be a prima facie case of obviousness. See MPEP 2144.05 I.
Regarding Claim 16, modified Shao discloses, with the modification of Liang, that the bonding layer is aluminum oxide (Al2O3, also written as AlO1.5) [0081], thus modified Shao discloses that the bonding layer comprises AlOy where y=1.5.
Regarding Claim 17, modified Shao discloses that the electrode sheet is used in a battery [0032].
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Shao, Yu, Jin, and Liang as applied to claim 9 above, and further in view of Jin et al. US 2020/0266475 A1.
Regarding Claim 11, modified Shao is relied upon for the reasons given above in addressing Claim 9, however fails to specifically disclose the limitations of Claim 11. As mentioned with regards to Claim 5 above, Jin discloses in Figure 6 that the second region (Item 131b) has a first sub-region and a second sub-region (see Jin Annotated Partial Figure 6 below). As shown, the thickness of the first region is greater than the thickness of the second sub-region, and the first sub-region is between the first region and the second sub-region. Additionally, Figure 6 shows that the first sub-region has a thickness that increases gradually in the direction from the second sub-region to the first region. As noted in the Figure 6 segment on the right below, Jin also discloses that the active material is disposed on the second sub-region, first sub-region, and part of the first region.
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Annotated Partial Figure 6
Jin discloses that the embodiment described above (i.e. the gradual change from first region to second region with the inclusion of the subregions) is an alternative configuration to an embodiment wherein the first and second regions change in thickness in a stepwise manner [0044] such as shown in Figure 5, similar to that of Shao.
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Jin Annotated Figure 5
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to substitute one known current collector configuration, i.e. gradual change in thickness with subregions of Jin, for another current collector configuration, i.e. stepwise change in thickness with no subregions of Shao, with reasonable expectation of success. The simple substitution of one current collector configuration for another to obtain predictable results is not patentable. See KSR International Co v. Teleflex Inc., 127 S. Ct. 1727,82 USPQ2d 1385 (2007); MPEP 2143 B.
In addition, by teaching the two alternative current collector configurations of gradual and stepwise thickness changes, Jin demonstrates that these are known equivalents in the art, and the selection of either current collector configuration would have been obvious to one having ordinary skill in the art. See MPEP 2144.06.
Thus, modified Shao with the modification of Jin above, discloses that the second region comprises a first sub-region and a second sub-region, wherein the thickness of the first region is greater than a thickness of the second sub-region, and the first sub-region is between the first region and the second sub-region, and the thickness of the first sub-region increases gradually from the second sub-region to the first region. Additionally, modified Shao discloses that the negative active material layer (as mentioned with regards to Claim 9 above) is on the surface of the protective layer at the second sub-region, the first sub-region, and part of the first region, as modified by Liang with regards to Claim 9.
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Shao, Yu, and Jin as applied to Claim 6 above, and further in view of Bazzarella et al. US 2015/0171406 A1.
Regarding Claim 7, modified Shao is relied upon for the reasons given above in addressing Claim 6. However, modified Shao, with the modification of Jin, fails to specifically disclose that a surface of the first sub-region that faces away from the insulation layer has a curved cross-section with an angle between a tangent line of the curve and the surface of the second sub-region is 10-80° angle.
Bazzarella discloses an electrochemical cell with a current collector (laminate sheet) [0058]. Bazzarella discloses that the current collector (laminate sheet) comprises a conductive layer (conductive second layer) [0059] and can have first region, a first sub-region, and a second sub-region (“side wall 540” Figure 8) that is step-shaped (“cavity”) [0061] (see Bazzarella Annotated Figure 8).
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Annotated Figure 8
Bazzarella discloses that the edges of the steps (“cavity” formed by the first region, first sub-region, and second sub-region) are rounded, which is further shown in Figure 13 [0038] thus as shown in Annotated Figure 13 below, Bazzarella discloses that the first sub-region (side wall) has a surface with a curved cross section. Bazzarella further discloses that the laminate sheet can be formed to have the first sub-region (side wall) at a 30° angle, and 45° angle, or a 90° angle (Figures 13B, 13C, 13D) [0067].
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Bazzarella discloses alternative configurations for the first sub-region of the conductive layer having a curved cross-section with a tangent line between the curve and the surface of the second sub-region having a 30° angle and 45° angle (Figures 13C & 13D), or a 90° angle (Figures 13B) [0067], similar to that of Shao and Jin.
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to substitute one known conductive layer configuration, i.e. 90° angle of Shao lacking a curved cross-section, for another conductive layer configuration, i.e. 30° or 45° angle of Bazzarella with a curved cross-section, with reasonable expectation of success. The simple substitution of one structure for another to obtain predictable results in not patentable. See KSR International Co v. Teleflex Inc., 127 S. Ct. 1727,82 USPQ2d 1385 (2007); MPEP 2143 B.
In addition, by teaching the two alternative configurations of conductive layers, Bazzarella demonstrates that these are known equivalents in the art, and the selection of either battery cell casing constructions would have been obvious to one having ordinary skill in the art. See MPEP 2144.06.
Thus modified Shao, with the further modification of Bazzarella, discloses a surface of the first sub-region facing away from the insulation layer has a curved cross-section with an angle between a tangent line of the curve and the surface of the second sub-region is 10-80°.
Response to Arguments
Applicant argues that Jin does not disclose the limitations of amended claim 1, more specifically that the active material layer is disposed on the entire surface of the thermally conductive layer rather than onto the surface of a part of thermally conductive layer by the claimed distance. As mentioned above in the rejection, Examiner respectfully points out that the claim limitation is currently broadly recited, and further “a surface of the first region facing away from the insulation layer” is open to being a portion of a wider region with the same thickness, thus Jin discloses a surface of the first region, as shown in Annotated Partial Figure 6, that is a portion of Item 131a of the same thickness, wherein the surface of the first region is 1-5mm of Item 131a. Thus, Jin discloses that the active material extends onto the surface of the first region by a distance of 1mm-5mm. Accordingly, for the reasons stated above, this argument is unpersuasive.
Applicant argues that neither Shao nor Yu disclose that the active material extends from a boundary line between the first and second regions onto the first region by a distance of 1-5mm. Examiner respectfully points out that as stated above in the rejection Shao was not used to teach this limitation of amended claim 1. Instead, Jin was used to teach this limitation, as mentioned above in the rejection as well as above in the previous response to arguments. Jin was used to modify Shao and Yu for the benefit of providing a battery with improved service life dure to improved temperature balance between the interior and exterior of the battery.
Conclusion
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/A.E.G./Examiner, Art Unit 1726
/DANIEL P MALLEY JR./Primary Examiner, Art Unit 1726