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 .
Status of Claims and Other Notes
Claims 1–9 and 11–18 are pending.
Claim 10 is canceled.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
The paragraph numbers cited in this Office Action in reference to the instant application are referring to the paragraph numbering of the PG-Pub of the instant application. See US 2023/0122856 A1.
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 23 March 2026 was filed after the mailing date of the non-final Office Action on 22 December 2025. The submission is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Claim Rejections - 35 USC § 103
Claims 1, 8, and 13–18 are rejected under 35 U.S.C. 103 as being unpatentable over Nishimura et al. (JP 2002-015773 A, hereinafter Nishimura) in view of Kim et al. (US 2020/0075910 A1, hereinafter Kim).
Regarding claims 1 and 18, Nishimura discloses an electrode assembly (1, [0014]), comprising:
an electrode (1, 4; [0016]), and
a separator (7, [0018]),
wherein the electrode (1, 4) comprises a current collector (3, 6), an electrode active material layer (2, 5) on the current collector (3, [0016]; 6, [0017]), and an adhesive layer (8, 9) coated across substantially an entire surface of the electrode active material layer (3, [0018]), and
wherein the separator (7) has a larger surface area than the adhesive layer (8, 9) of the electrode (1, 4; [0020]); and
a surface of the separator (7) opposing the adhesive layer (8, 9) of the electrode (1, 4) is divided into an adhesive region in contact with the adhesive layer (8, 9) of the electrode (1, 4) and an overhang region not in contact with the adhesive layer of the electrode (1, 4; [0020]).
Nishimura does not explicitly disclose:
wherein the adhesive layer comprises acryl-based polymer based polymer particles and fluorine-based polymer particles; and
wherein a weight ratio of the acryl-based polymer particles to the fluorine-based polymer particles is in a range of 75:25 to 50:50.
Kim discloses an adhesive layer (30) comprises acryl-based polymer based polymer particles and fluorine-based polymer particles (see coating layer, [0096]); and wherein a weight ratio of the acryl-based polymer particles to the fluorine-based polymer particles is in a range of 75:25 to 50:50 (see organic filler particles, [0096]; see fluorine organic binder particles, [0096]) to improve the electrode adhesion (TABLE 3, [0131]). Nishimura and Kim are analogous because they are directed to electrode assemblies. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the adhesive layer of Nishimura in order to improve the electrode adhesion.
Regarding claim 8, modified Nishimura discloses all the claim limitations as set forth above and further discloses an electrode assembly:
wherein a shape of the electrode assembly is a stack, a z-stack, a folded stack, or a jelly roll (see power generating element, [0045]).
Regarding claim 13, modified Nishimura discloses all the claim limitations as set forth above and further discloses an electrode assembly:
wherein the adhesive layer (8, 9) is coated in a form of dots (10) on the electrode active material layer (see dot shape, [0021]).
Regarding claim 16, modified Nishimura discloses all the claim limitations as set forth above and further discloses an electrode assembly:
wherein the dots have an individual size of 74 μm or more (see pattern, [0087]; see PSI Polymer Systems Inc., Mesh to Micron Conversion Table).
Nishimura disclose the dots is 200 mesh or less (see pattern, [0087]). The size of the dots increase as the mesh decreases and a 200 mesh corresponds to 74 μm (see PSI Polymer Systems Inc., Mesh to Micron Conversion Table). Dots being 200 mesh or less corresponds to dots have an individual size of 74 μm or more.
Although Nishimura does not explicitly disclose a range of 200 μm to 300 μm, Nishimura does disclose an overlapping range. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
Regarding claim 17, modified Nishimura discloses all the claim limitations as set forth above and further discloses an electrode assembly:
wherein the adhesive layer (8, 9) is a film (9) that is coated across substantially the entire surface of the electrode active material layer (2, 5; [0018]).
Nishimura does not explicitly disclose:
a spray-coated film
The limitation "a spray-coated film" is directed to the process by which the film is formed. Even though a product-by-process is defined by the process steps by which the product is made, determination of patentability is based on the product itself and does not depend on its method of production. In re Thorpe, 777 F.2d 695, 227 USPQ 964 (Fed. Cir. 1985). As the court stated in Thorpe, 777 F.2d at 697, 227 USPQ at 966 See MPEP §§ 2113 and 2114. The instant application discloses size and shape of the dots are due to spray coating (e.g., [0076]). The term "spray-coated" defines the adhesive layer having dots. Claim 17 is unpatentable even though the adhesive layer is made by a different process. In re Marosi, 710 F.2d 798, 802, 218 USPQ 289, 292 (Fed. Cir. 1983).
Regarding claim 14, Nishimura discloses an electrode assembly, comprising
a positive electrode (1, [0016]),
a negative electrode (4, [0017]), and
a separator (7, [0018]),
wherein each of the positive electrode (1, [0016]) and the negative electrode (4, [0016]) comprises a current collector (3, 6), an electrode active material layer (2, 5) on the current collector (3, [0016]; [5, [0017]), and an adhesive layer (8, 9) coated across substantially an entire surface the electrode active material layer (FIG. 2; [0018]); and
the separator (7) has a larger surface area than the adhesive layer of one of the positive electrode (1) or the negative electrode (4, [0020]); and
a surface of the separator (7) opposite the adhesive layer (8, 9) of the one of the positive electrode (1) or the negative electrode (4) is divided into an adhesive region in contact with the adhesive layer (8, 9) of the one of the positive electrode (1) or the negative electrode (4) and an overhang region not in contact with the adhesive layer (8, 9) of the one of the positive electrode (1) or the negative electrode (4, [0020]).
Nishimura does not explicitly disclose:
wherein the adhesive layer comprises acryl-based polymer based polymer particles and fluorine-based polymer particles.
Kim discloses an adhesive layer (30) comprising acryl-based polymer based polymer particles and fluorine-based polymer particles (see coating layer, [0096]) to improve the electrode adhesion (TABLE 3, [0131]). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the adhesive layer of Nishimura in order to improve the electrode adhesion.
Regarding claim 15, Nishimura discloses a rechargeable lithium battery, comprising an electrode assembly; and an electrolyte (see lithium ion battery, [0034]), wherein the electrode assembly comprises:
an electrode (1, 4; [0016]), and
a separator (7, [0018]),
wherein the electrode (1, 4) comprises a current collector (3, 6), an electrode active material layer (2, 5) on the current collector (3, [0016]; 6, [0017]), and an adhesive layer (8, 9) coated across substantially an entire surface of the electrode active material layer (3, [0018]), and
wherein the separator (7) has a larger surface area than the adhesive layer (8, 9) of the electrode (1, 4; [0020]); and
a surface of the separator (7) opposing the adhesive layer (8, 9) of the electrode (1, 4) is divided into an adhesive region in contact with the adhesive layer (8, 9) of the electrode (1, 4) and an overhang region not in contact with the adhesive layer of the electrode (1, 4; [0020]).
Nishimura does not explicitly disclose:
wherein the adhesive layer comprises acryl-based polymer based polymer particles and fluorine-based polymer particles.
Kim discloses an adhesive layer (30) comprising acryl-based polymer based polymer particles and fluorine-based polymer particles (see coating layer, [0096]) to improve the electrode adhesion (TABLE 3, [0131]). Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the adhesive layer of Nishimura in order to improve the electrode adhesion.
Claims 2–7, 11, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Nishimura (JP 2002-015773 A) in view of Kim (US 2020/0075910 A1) as applied to claim 1 above, and further in view of Kawamura et al. (WO 2021/131878 A1; hereinafter English language equivalent, US 2022/0384854 A1; hereinafter Kawamura).
Regarding claims 2–7, 11, and 12, modified Nishimura discloses all the claim limitations as set forth above and further discloses an electrode assembly:
wherein the electrode (1, 4) is a negative electrode (1, [0016]), and
wherein the electrode (1, 4) is a positive electrode (4, [0017]).
Nishimura does not explicitly disclose:
wherein a transverse direction length of the separator and a transverse direction length of the electrode satisfy Equation 1:
0 mm ≤ L1-L2 ≤ 9 mm, and
wherein, in Equation 1: L1 is the transverse direction length of the separator; and
L2 is the transverse direction length of the electrode;
the transverse direction length of the separator and the transverse direction length of the electrode satisfy Equation 1-1:
0 mm ≤ L1-L21 ≤ 6 mm, and
wherein, in Equation 1-1: L1 is the transverse direction length of the separator; and
L21 is the transverse direction length of the negative electrode;
the transverse direction length of the separator and the transverse direction length of the electrode satisfy Equation 1-2:
3 mm ≤ L1-L22 ≤ 9 mm, and
wherein, in Equation 1-2: L1 is the transverse direction length of the separator; and
L22 is the transverse direction length of the positive electrode;
wherein in a transverse direction of the separator, lengths of the overhang region respectively above and below the electrode in the transverse direction satisfy Equations 2 and 3:
0 mm ≤ L3 ≤ 6 mm, and
wherein, in Equation 2, L3 is a length of the overhang region above the electrode in the transverse direction of the separator, and
0 mm ≤ L4 ≤ 6 mm, and
wherein, in Equation 3, L4 is a length of the overhang region below the electrode in the transverse direction of the separator;
lengths of the overhang region satisfy Equations 2-1 and 3-1:
0 mm ≤ L31 ≤ 3 mm, and
wherein, in Equation 2-1, L31 is a length of the overhang region above the electrode in the transverse direction of the separator, and
0 mm ≤ L41 ≤ 3 mm, and
wherein, in Equation 3-1, L41 is the length of the overhang region below the electrode in the transverse direction of the separator;
lengths of the overhang region satisfy Equations 2-2 and 3-2:
1.5 mm ≤ L32 ≤ 4.5 mm, and
wherein, in Equation 2-2, L32 is the length of the overhang region above the electrode in the transverse direction of the separator, and
1.5 mm ≤ L42 ≤ 4.5 mm, and
wherein, in Equation 3-2, L42 is the length of the overhang region below the electrode in the transverse direction of the separator;
wherein the adhesive layer has a thickness of about 1 μm to about 5 μm; and
wherein a ratio of a thickness of the adhesive layer to a thickness of the electrode active material layer is 1:218 to 5:218.
Kawamura discloses an electrode assembly (11, [0034]), comprising a positive electrode (20, [0035]), a negative electrode (30, [0022]), and a separator (40, [0035]), wherein each of the positive electrode (20) and the negative electrode (30) comprises a current collector, an electrode active material layer on the current collector, and an adhesive layer (50) on the electrode active material layer (FIG. 3; [0069], [0071]); and a surface of the separator (40) opposite the adhesive layer (50) of the one of the positive electrode (20) or the negative electrode (30) is divided into an adhesive region in contact with the adhesive layer (50) of the one of the positive electrode (20) or the negative electrode (30) and an overhang region not in contact with the adhesive layer (50) of the one of the positive electrode (20) or the negative electrode (30, [0073]); wherein a transverse direction length of the separator and a transverse direction length of the electrode satisfy Equation 1 (see length; [0069], [0071], [0073]): 0 mm ≤ L1-L2 ≤ 9 mm (see length; [0069], [0071], [0073]), and wherein, in Equation 1: L1 is the transverse direction length of the separator (see length, [0073]); and L2 is the transverse direction length of the electrode (see length; [0069], [0071]); the transverse direction length of the separator and the transverse direction length of the electrode satisfy Equation 1-1 (see length; [0069], [0071]): 0 mm ≤ L1-L21 ≤ 6 mm (see length; [0071], [0073]), and wherein, in Equation 1-1: L1 is the transverse direction length of the separator; and L21 is the transverse direction length of the negative electrode (see length, [0071]); the transverse direction length of the separator and the transverse direction length of the electrode satisfy Equation 1-2 (see length; [0069], [0073]): 3 mm ≤ L1-L22 ≤ 9 mm (see length; [0069], [0073]), and wherein, in Equation 1-2: L1 is the transverse direction length of the separator (see length, [0073]); and L22 is the transverse direction length of the positive electrode (see length, [0069]); wherein in a transverse direction of the separator, lengths of the overhang region respectively above and below the electrode in the transverse direction satisfy Equations 2 and 3 (see length; [0069], [0071], [0073]): 0 mm ≤ L3 ≤ 6 mm (see length; [0069], [0071], [0073]), and wherein, in Equation 2, L3 is a length of the overhang region above the electrode in the transverse direction of the separator (see length; [0069], [0071], [0073]), and 0 mm ≤ L4 ≤ 6 mm (see length; [0069], [0071], [0073]), and wherein, in Equation 3, L4 is a length of the overhang region below the electrode in the transverse direction of the separator (see length; [0069], [0071], [0073]); lengths of the overhang region satisfy Equations 2-1 and 3-1: 0 mm ≤ L31 ≤ 3 mm (see length; [0069], [0071], [0073]), and wherein, in Equation 2-1, L31 is a length of the overhang region above the electrode in the transverse direction of the separator (see length; [0069], [0071], [0073]), and 0 mm ≤ L41 ≤ 3 mm (see length; [0069], [0071], [0073]), and wherein, in Equation 3-1, L41 is the length of the overhang region below the electrode in the transverse direction of the separator (see length; [0069], [0071], [0073]); lengths of the overhang region satisfy Equations 2-2 and 3-2 (see length; [0069], [0071], [0073]): 1.5 mm ≤ L32 ≤ 4.5 mm (see length; [0069], [0071], [0073]), and wherein, in Equation 2-2, L32 is the length of the overhang region above the electrode in the transverse direction of the separator (see length; [0069], [0071], [0073]), and 1.5 mm ≤ L42 ≤ 4.5 mm (see length; [0069], [0071], [0073]), and wherein, in Equation 3-2, L42 is the length of the overhang region below the electrode in the transverse direction of the separator (see length; [0069], [0071], [0073]); wherein the adhesive layer (50) has a thickness of about 1 μm to about 5 μm (FIG. 10, [0084]); and wherein a ratio of a thickness of the adhesive layer (FIG. 10, [0084]) to a thickness of the electrode active material layer is 1:218 to 5:218 (see thickness; [0069], [0071]) to facilitate mass-production while maintaining deterioration resistance and electrolyte absorption (FIG. 3, [0011]). Nishimura and Kawamura are analogous because they are directed to electrode assemblies. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the electrode assembly of modified Nishimura with the dimensions of Kawamura in order to facilitate mass-production while maintaining deterioration resistance and electrolyte absorption.
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Nishimura (JP 2002-015773 A) in view of Kim (US 2020/0075910 A1) as applied to claim 1 above, and further in view of Naoi et al. (US 2008/0280208 A1, hereinafter Naoi).
Regarding claim 9, modified Nishimura discloses all the claim limitations as set forth above and further discloses an electrode assembly:
wherein two or more electrodes (1, 4) comprise the electrode (1, 4; [0045]).
Nishimura does not explicitly disclose an electrode assembly:
wherein the electrode assembly is the z-stack, in which two or more electrodes are present, and in which the separator is folded in a zigzag manner,
the two or more electrodes are alternately inserted into a folded portion of the separator and stacked, and
a length of the overhang region at an outermost side of either a right or left side of a longitudinal direction of the separator satisfies Equation 4:
2*L5 ≤ L6, and
wherein, in Equation 4, L5 is a longitudinal length of any one electrode of the two or more electrodes; and
L6 is a length of the overhang region at the outermost side of either the right or left side of the longitudinal direction of the separator.
Naoi discloses an electrode assembly (3) that is a z-stack, in which two or more electrodes (10, 20) are present, and in which a separator (50) is folded in a zigzag manner (FIG. 5, [0064], the two or more electrodes (10, 20) are alternately inserted into a folded portion of the separator (50) and stacked (FIG. 5, [0064]), and a length of the overhang region at an outermost side of either a right or left side of a longitudinal direction of the separator satisfies Equation 4 (see wide; [0137], [0144]): 2*L5 ≤ L6, and (see wide; [0137], [0144]) wherein, in Equation 4, L5 is a longitudinal length of any one electrode of the two or more electrodes (see wide, [0137]); and L6 is a length of the overhang region at the outermost side of either the right or left side of the longitudinal direction of the separator (see wide; [0137], [0144]) to prevent the shifting of the electrodes and improve the performance of the battery (FIG. 5, [0065]). Nishimura and Naoi are analogous because they are directed to electrode assemblies. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the electrode assembly of modified Nishimura in a z-stack as taught by Naoi in order to prevent the shifting of the electrodes and improve the performance of the battery.
Response to Arguments
Applicant's arguments filed 19 March 2026 have been fully considered but they are not persuasive.
Applicants argue Nishimura fails to disclose "wherein the adhesive layer comprises acryl-based polymer particles and fluorine-based polymer particles" (P8/¶5). One cannot show nonobviousness by attacking references individually where the rejections are based on combinations of references. See In re Keller, 642 F.2d 413, 208 USPQ 871 (CCPA 1981); In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986). Kim discloses an adhesive layer (30) comprises acryl-based polymer based polymer particles and fluorine-based polymer particles (see coating layer, [0096]) to improve the electrode adhesion (TABLE 3, [0131]). Therefore, the combination of reference disclose "wherein the adhesive layer comprises acryl-based polymer particles and fluorine-based polymer particles."
Applicants argue claims 8, 13, 15, and 17 are patentable because they depend from claims 1 or 14 (P9/¶1). Claims 1 and 14 are not patentable as detailed above.
Applicants argue Kawamura fails to disclose a combination of acryl-based polymer particles and fluorine-based polymer particles (P10/¶4). Note that while Kawamura does not disclose all the features of the present claimed invention, Kawamura is used as teaching reference, and therefore, it is not necessary for this secondary reference to contain all the features of the presently claimed invention, In re Nievelt, 482 F.2d 965, 179 USPQ 224, 226 (CCPA 1973), In re Keller 624 F.2d 413, 208 USPQ 871, 881 (CCPA 1981). Rather this reference teaches a certain concept, namely dimensions of the components of the electrode assembly, and in combination with the primary reference, discloses the presently claimed invention.
Applicants argue the reliance on generic "mesh-to-microns" tables to infer dot size does not satisfy inherency (P10/¶7). Nishimura explicitly discloses the dots present in the adhesive layer are less than 200 mesh (see pattern, [0087]). The "mesh-to-microns" table clearly discloses, as mesh decreases, the size increases; and 200 mesh is equivalent to 74 μm (see PSI Polymer Systems Inc., Mesh to Micron Conversion Table). A disclosure of dots being 200 mesh or less is equivalent to dots having an individual size of 74 μm or more. Therefore, the use of a "mesh-to-microns" table in conjunction with the explicitly disclosure of Nishimura satisfies a teaching of dots having an individual size of 74 μm or more.
Applicants argue Nishimura does not disclose dots of 200–300 μm (P10/¶7). Nishimura disclose the dots is 200 mesh or less (see pattern, [0087]). The size of the dots increase as the mesh decreases and a 200 mesh corresponds to 74 μm (see PSI Polymer Systems Inc., Mesh to Micron Conversion Table). Dots being 200 mesh or less corresponds to dots have an individual size of 74 μm or more. Although Nishimura does not explicitly disclose a range of 200 μm to 300 μm, Nishimura does disclose an overlapping range. The selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549. Therefore, Nishimura does suggest dots of 200–300 μm.
Applicants argue Nishimura does not disclose a distinctive dot-film microstructure (P10/¶8). It is noted that the features upon which applicant relies (i.e., a distinctive dot-film microstructure) are not recited in the rejected claim(s). Although the claims are interpreted in light of the specification, limitations from the specification are not read into the claims. See In re Van Geuns, 988 F.2d 1181, 26 USPQ2d 1057 (Fed. Cir. 1993). Any specific structure implied to have a distinctive dot-film microstructure is linked to an specific electric spraying at a voltage of 20 to 40 kV for a time of 1 to 20 seconds. Claim 17 recites the limitation "wherein the adhesive layer is a spray-coated film that is coated across substantially the entire surface of the electrode active material layer." Claim 17 does not recite the type of spraying nor the conditions of spraying. Claim 17 does not require a distinctive dot-film microstructure. Further, Nishimura discloses an adhesive layer formed of dots have a micron size (see dot shape, [0021]; see pattern, [0087]). Therefore, Nishimura discloses a dot-film microstructure.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean P Cullen, Ph.D. whose telephone number is (571)270-1251. The examiner can normally be reached Monday to Thursday 6:00 am to 4:00 pm CT, Friday 6:00 am to 12:00 pm CT.
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/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725
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