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 .
Response to Amendment
The Amendment filed on 1/2/2026 has been entered. Claims 1-20 remain pending in the application. Claims 11-20 are withdrawn.
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 text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-2, 6, and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over Morikawa et al. (US 2013/0323566, hereinafter "Morikawa") in view of Shimada et al. (US 2020/0365908, hereinafter "Shimada").
Regarding claim 1, Morikawa teaches a secondary battery comprising positive electrode sheets, negative electrode sheets, and separators interposed therebetween, with a resin layer (“reinforcing layer”) disposed on an outer surface of a positive electrode current collector and an outer surface of a negative electrode current collector [Abstract]. Morikawa teaches that the secondary battery may be a lithium ion battery [0058, “The secondary battery according to the present disclosure is not limited to a particular type, and a lithium ion battery or a nickel hydrogen battery may be used for example”]. Morikawa teaches an embodiment of the secondary battery comprising the negative electrode current collector (4), a negative electrode active material layer (3) (“negative electrode layer”), a separator (5) (“intermediate layer”), a positive electrode active material layer (1) (“positive electrode layer”), and the positive electrode current collector (2), disposed in that order [0053, Morikawa Fig. 7]. Morikawa further teaches that this embodiment includes a resin layer (6a, 6b) formed on the outer sides of the current collectors [0053, Morikawa Fig. 7]. Morikawa teaches that the resin layer material (“matrix”) may be made of various polymers such as polyethylene, polypropylene, polyamide, etc. [0045, “Each of the first resin layer 6a and the second resin layer 6b may be made of, for example, polyethylene, polypropylene, polyamide”]. Morikawa does not specifically teach a thermally conductive filler dispersed in the resin layer.
Shimada teaches analogous art of a secondary battery comprising a positive electrode including a positive electrode current collector with an intermediate layer disposed thereon [0005, “A positive electrode for a nonaqueous electrolyte secondary battery according to an aspect of the present disclosure includes a positive electrode current collector, a positive electrode mixture layer which is disposed on at least one surface side of the positive electrode current collector, and an intermediate layer which is interposed between the positive electrode current collector and the positive electrode mixture layer”]. Shimada teaches that the intermediate layer comprises highly thermal conductive particles (“thermally conductive filler”) and a thermoplastic resin [0005].
Shimada teaches that the intermediate layer has a high thermal conduction that allows for the heat generated at the short-circuit point when an internal short-circuit occurs to dissipate, thus suppressing an increase in battery temperature [0023, “The intermediate layer 32 is a layer that has higher thermal conduction than the positive electrode mixture layer 31 and has functions of quickly diffusing heat generated at the short-circuit point at the time of occurrence of internal short circuit and suppressing an increase in the battery temperature”]. Shimada teaches that by using the highly thermal conductive particles, the thermal conduction of the intermediate layer is improved and heat generated at a short-circuit can be quickly diffused [0028, “By using the highly thermal conductive particles 36, the thermal conduction of the intermediate layer 32 is improved, and it becomes possible to quickly diffuse heat generated at the short-circuit point at the time of occurrence of internal short circuit”]. Morikawa also teaches that it is desirable to dissipate heat generated inside the battery with a high degree of efficiency [0015].
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the resin layer taught by Morikawa to include highly thermal conductive particles as taught by Shimada, in order to improve the thermal conduction of the resin layer and more quickly diffuse heat generated in the battery at the point of a short-circuit [see paragraph 0028 of Shimada, as cited above].
Further regarding claim 2, Morikawa teaches that the negative electrode active material layer comprises negative electrode active material [0058, “In this case, materials for a positive electrode active material, a negative electrode active material, a separator, an electrolyte, and other components may be appropriately selected according to the type of a battery”].
Further regarding claim 6, Shimada teaches that the highly thermal conductive particles in the intermediate layer may be selected from aluminum nitride particles, boron nitride particles, and silicon carbide particles [0029, “For example, the highly thermal conductive particles 36 may be at least one selected from the group consisting of … aluminum nitride particles, boron nitride particles, silicon nitride particles, and silicon carbide particles”].
As described previously, Shimada teaches that by using the highly thermal conductive particles, the thermal conduction of the intermediate layer is improved and heat generated at a short-circuit can be quickly diffused [0028].
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the resin layer taught by modified Morikawa to include boron nitride, aluminum nitride, or silicon carbide as the highly thermal conductive particles as taught by Shimada, in order to improve the thermal conduction of the resin layer and more quickly diffuse heat generated in the battery at the point of a short-circuit [see paragraph 0028 of Shimada, as cited above].
Further regarding claim 8, Shimada teaches the content of the highly thermal conductive particles in the intermediate layer being 0.5 to 5 times the mass of the thermoplastic resin (“polymer”), which overlaps the recited range of 1 to 400 parts by weight of the highly thermal conductive particles based on 100 parts by weight of the polymer, or 0.01 to 4 times the mass of the polymer [0030, “Furthermore, preferably, the highly thermal conductive particles 35 are contained in the intermediate layer 32 in a mass 0.5 to 5 times the mass of the thermoplastic resin”]. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05 I).
Shimada teaches that the content of the highly thermal conductive particles in the intermediate layer is important to control in order to be able to quickly suppress an increase in battery temperature and quickly diffuse heat [0030]. Shimada also teaches that the content of the thermoplastic resin in the intermediate layer is important to control in order to ensure the strength of the intermediate layer and the appropriate filling amount of the highly thermal conductive particles [0033].
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the resin layer taught by modified Morikawa to include the highly thermal conductive particles in amount based on the amount of thermoplastic resin, or polymer, within the range taught by Shimada, in order to be able to quickly dissipate heat, suppress an increase in battery temperature, ensure the strength of the resin layer, and ensure the appropriate filling amount of highly thermal conductive particles in the resin layer [see paragraphs 0030, 0033 of Shimada, as cited above].
Further regarding claim 9, Morikawa teaches that the thickness of each of the positive electrode current collector and negative electrode current collector may be 5-100 µm [0044, “Each of the positive electrode current collectors 2 and the negative electrode current collectors 4 preferably has a thickness of 5-100 µm”]. Morikawa also teaches that the thickness of each of the resin layers is preferably 10-100 µm [0045, “Each of the first resin layer 6a and the second resin layer 6b preferably has a thickness of 10-100 µm”]. Within the ranges disclosed for the thicknesses of the current collectors and resin layers there are several thicknesses at which the resin layers would have a thickness of about 10% to 100% of the current collector thickness, which overlaps the recited range of 1% to 100%. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05 I).
Further regarding claim 10, Morikawa teaches that the thickness of each of the resin layers is preferably 10-100 µm, which overlaps the recited range of 0.1 µm to 10 µm [0045, “Each of the first resin layer 6a and the second resin layer 6b preferably has a thickness of 10-100 µm”]. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05 I). Furthermore, Morikawa teaches that the if the thickness of the resin layer is too low, it would be difficult to maintain the strength of the current collector, but if the thickness is too large, the heat dissipating effect of the resin layer would be reduced [0045]. Morikawa also teaches the thickness of each current collector being in a range of 5-100 µm [0044]. Therefore, a person having ordinary skill in the art would understand that the thickness of the resin layer would be limited by the thickness of the current collector, and an optimum range of the thickness of the resin layer for a given current collector could be discovered through routine optimization, and "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (see MPEP 2144.05 II A).
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Morikawa (US 2013/0323566) in view of Shimada (US 2020/0365908) as applied to claim 1 above, and further in view of Lee et al. (US 2020/0152986, hereinafter "Lee").
Regarding claim 3, modified Morikawa teaches the lithium secondary battery of claim 1, as described in the rejection of instant claim 1. Morikawa does not specifically teach the negative electrode active material layer comprising amorphous carbon and a metal.
Lee teaches analogous art of a secondary battery comprising a cathode (“positive electrode”) and an anode (“negative electrode”) comprising an anode active material layer [Abstract]. Lee teaches that the anode active material may include amorphous carbon, gold, platinum, palladium, silver, silicon, aluminum, bismuth, tin, and zinc, or a combination thereof [0071, “The anode active material may include amorphous carbon, gold, platinum, palladium, silicon, silver, aluminum, bismuth, tin, zinc, or a combination thereof”].
Lee teaches that when the anode active material is formed of the previously mentioned materials, the battery performance metrics such as the rate properties, Coulombic efficiency, and lifespan characteristics may be improved [0071, “When the anode active material is formed of these materials, battery performance, such as rate properties, Coulombic efficiency, and lifespan characteristics of the all-solid secondary battery may further be improved”].
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to have modified the lithium secondary battery taught by modified Morikawa to include a combination of amorphous carbon and metals in the negative electrode active material as taught by Lee, in order to improve the rate performance, Coulombic efficiency, and lifespan characteristics of the battery [see paragraph 0071 of Lee, as cited above].
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Morikawa (US 2013/0323566) in view of Shimada (US 2020/0365908) as applied to claim 1 above, and further in view of Jung et al. (KR 101845968, referring to previously provided translation thereof, hereinafter "Jung").
Regarding claim 4, modified Morikawa teaches the lithium secondary battery of claim 1, as described in the rejection of instant claim 1. Morikawa does not specifically teach the polymer comprising a copolymer.
Jung teaches analogous art of a secondary battery comprising a first and second electrode with active material layers formed on a current collector and a reinforcement layer formed on the current collector opposite the active material layer [0008]. Jung teaches that the reinforcement layer may be formed of a polymer resin selected from a group including acrylonitrile butadiene styrene (ABS) or styrene acrylonitrile (SAN), which are copolymers [0009].
Jung teaches that the reinforcement layer protects and reinforces the current collector from bending, while also preventing cracks in the active material layer [0008, “a protection/reinforcement layer … to protect and reinforce the current collector from bending while preventing cracks in the active material layer”]. The resin layer of Morikawa is also disclosed to maintain the strength of the current collectors [0041, “the first resin layer 6a and the second resin layer 6b of the present disclosure … have a function of maintaining the strength of the positive electrode current collector 2 and the negative electrode current collector”].
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the polymer in the resin layer taught by modified Morikawa to include copolymers taught by Jung such as ABS, which includes acrylonitrile, butadiene, and styrene or SAN, which includes styrene and acrylonitrile, in order to protect and reinforce the current collectors and prevent cracks in the active material layers. Furthermore, it would have been obvious to substitute the polymer of the resin layer taught by modified Morikawa with the known copolymers in the reinforcement layer taught by Jung to obtain the predictable result of reinforcing and strengthening the current collectors (see MPEP 2143 I B).
Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Morikawa (US 2013/0323566) in view of Shimada (US 2020/0365908) as applied to claim 1 above, and further in view of Sugita et al. (US 2016/0254545, hereinafter "Sugita").
Regarding claim 5, modified Morikawa teaches the lithium secondary battery of claim 1, as described in the rejection of instant claim 1. Morikawa, as modified by Shimada, does not specifically teach the highly thermal conductive particles having an average particle diameter of about 50 nm to 500 nm.
Sugita teaches analogous art of a secondary battery comprising a positive electrode which includes a positive electrode current collector and an intermediate layer on the positive electrode current collector [Abstract]. Sugita teaches that the intermediate layer comprises a highly heat conductive material and a binder [0027]. Sugita teaches that the highly heat conductive particles have an average particle diameter of 0.1 to 10 µm, or 100 to 10,000 nm, which encompasses the recited range [0030, “The highly heat conductive material is, for example, particles having an average particle diameter of 0.1 to 10 μm”]. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (see MPEP 2144.05 I B).
Sugita teaches that the intermediate layer comprising a highly heat conductive material is able to diffuse heat generated at an internal short-circuit site [0026, “The intermediate layers 32 diffuse heat generated locally at the internal short-circuited site in the positive electrode”]. Morikawa also teaches that it is desirable to dissipate heat generated inside the battery with a high degree of efficiency [0015].
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to substitute the highly thermal conductive particles taught by modified Morikawa with the known highly heat conductive particles having an average particle diameter within the range taught by Sugita to obtain the predictable result of diffusing heat generated in the battery (see MPEP 2143 I B).
Regarding claim 7, modified Morikawa teaches the lithium secondary battery of claim 1, as described in the rejection of instant claim 1. Morikawa, as modified by Shimada, does not specifically teach the highly thermal conductive particles comprising one or more selected from the group consisting of graphite, carbon nanotubes, and graphene.
Sugita teaches analogous art of a secondary battery comprising a positive electrode which includes a positive electrode current collector and an intermediate layer on the positive electrode current collector [Abstract]. Sugita teaches that the intermediate layer comprises a highly heat conductive material and a binder [0027]. Sugita teaches that the highly heat conductive particles may be graphite [0029, “the highly heat conductive material may be any material having a heat conductivity of 10 W/m∙K or more but is desirably at least one selected from diamond, graphite …”].
Sugita teaches that the intermediate layer comprising a highly heat conductive material is able to diffuse heat generated at an internal short-circuit site [0026, “The intermediate layers 32 diffuse heat generated locally at the internal short-circuited site in the positive electrode”]. Sugita also discloses that due to the availability of materials and battery characteristics, graphite is more desirable for use as the highly heat conductive material [0029, “Considering the availability of the materials as well as battery characteristics, graphite, SiC, or Al2O3 is more desirably used as a main component”] Morikawa also teaches that it is desirable to dissipate heat generated inside the battery with a high degree of efficiency [0015].
Therefore, it would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the claimed invention to modify the highly thermal conductive particles taught by modified Morikawa to include graphite as taught by Sugita, due to its availability and effect on battery characteristics [see paragraph 0029 of Sugita, as cited above].
Response to Arguments
Applicant's arguments filed 1/2/2026 have been fully considered but they are not persuasive.
In response to applicant’s argument that there is no teaching, suggestion, or motivation to combine the references, the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
In this case, applicant alleges that the proposed combination of Morikawa and Shimada in the rejection of claim 1 fails to articulate a reason to combine the references [Remarks, pg. 9]. The applicant argues that the “finding that the proposed combination of Morikawa and Shimada would improve the thermal conduction of the resin layer and more quickly diffuse heat generated in the battery at the point of short circuit … is not supported by any evidence on the record” [Remarks, pg. 9]. Examiner respectfully disagrees. As described in the rejection of claim 1, Shimada teaches that by using highly thermal conductive particles in an intermediate layer, the thermal conduction of the intermediate layer is improved and heat generated at a short-circuit can be quickly diffused. The Non-Final Office Action mailed 10/1/2025 cites paragraph [0028] of Shimada as teaching this benefit. The finding that it would have been obvious to modify the resin layer of Morikawa to include highly thermal conductive particles as taught by Shimada, in order to improve the thermal conduction of the resin layer and more quickly diffuse heat generated in the battery at the point of a short-circuit, is thus supported by the evidence found in Shimada’s disclosure, specifically paragraph [0028], which was cited on the record. Therefore, this finding is not considered to be taking Official Notice. This argument is not persuasive and the rejection of claims 1-10 is maintained.
Applicant’s second argument is that the proposed combination of Morikawa and Shimada is improper because it would frustrate the intended purpose of Morikawa. Applicant alleges that “if the intermediate layer of Shimada were to be employed as the first resin layer 6a and the second resin layer 6b of Morikawa, the melt-bonding property of the first resin layer 6a and the second resin layer 6b would be impaired, degrading the packaging performance intended by Morikawa” [Remarks, pgs. 10-11]. Examiner respectfully disagrees for several reasons:
Applicant’s argument is not commensurate in scope with the proposed modification of Morikawa. As described in the rejection of claim 1, the proposed modification of Morikawa is to include the highly thermal conductive particles taught by Shimada in the resin layers taught by Morikawa, not to swap out the resin layers of Morikawa for the intermediate layer taught by Shimada.
Melt-bonding the resin layers themselves is not the only method taught by Morikawa of bonding the first resin layer and second resin layer together. Morikawa discloses that the resin layers may also be bonded by separately providing a hot-melt resin on the inner surfaces of the peripheral portions of the resin layers 6a and 6b [Morikawa, 0047].
Applicant does not explain how including the highly thermal conductive particles taught by Shimada in the resin layers taught by Morikawa would impair the melt-bonding property of the resin layer. Furthermore, there is no teaching in Morikawa that including highly thermal conductive particles would render the battery inoperable.
Therefore, this argument is not persuasive and the rejection of claims 1-10 is maintained.
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/M.F.O./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729