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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 6/25/2026 has been entered.
Response to Amendment
The Amendment filed on 6/25/2026 has been entered. Claims 1-20 remain pending in the application.
Claim Rejections - 35 USC § 102
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1, 2, 4, 6, 9, and 10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Shimada et al. (US 2020/0365908, hereinafter "Shimada").
Regarding claim 1, Shimada teaches a nonaqueous electrolyte secondary battery comprising a positive electrode, a negative electrode, and a nonaqueous electrolyte [0006]. Shimada teaches that the nonaqueous electrolyte secondary battery may be a lithium-ion battery [0004, “In a nonaqueous electrolyte secondary battery, such as a lithium-ion battery”]. Shimada discloses that the negative electrode includes a negative electrode current collector and a negative electrode mixture layer (“negative electrode layer”) formed on each of both surfaces of the negative electrode current collector [0036]. Shimada teaches that the positive electrode (11) comprises a positive electrode current collector (30) and a positive electrode mixture layer (31) (“positive electrode layer”) disposed on one or both of the surfaces the positive electrode current collector [Shimada Fig. 2, 0018, “a positive electrode mixture layer 31 which is disposed on at least one surface side of the positive electrode current collector 30”, 0019, “The positive electrode mixture layer … is preferably formed on each of both surfaces of the positive electrode current collector”]. Shimada also teaches an intermediate layer (32) (“reinforcing layer”) interposed between the positive electrode current collector and the positive electrode mixture layer, on an outside of the positive electrode current collector [Shimada Fig. 2, 0018]. Since instant claim 1 does not define an “outside” of the current collector in relation to the positions of the other claimed components, the “outside” will be interpreted to mean any external surface of the current collector (i.e. not sandwiched within the current collector). Shimada discloses that the battery may comprise a stacked-type electrode body comprising a plurality of poisitive electrodes and a plurality of negative electrodes alternately stacked with a separator (“intermediate layer”) interposed therebetween [0012], thus forming a plurality of laminates, each comprising the above components.
Shimada further teaches that the intermediate layer comprises a binder (“matrix”) comprising PVdF and a thermoplastic resin (37) (“polymer”) [0024], and highly thermal conductive particles (36) (“thermally conductive filler”) dispersed in the PVdF and thermoplastic resin [Shimada Fig. 2, 0023].
Further regarding claim 2, Shimada teaches that the negative electrode mixture layer comprises a negative electrode active material [0036].
Further regarding claim 4, Shimada teaches that the thermoplastic resin may be a copolymer of ethylene and α-olefin [0032].
Further regarding claim 6, Shimada teaches that the highly thermal conductive particles may comprise boron nitride particles or silicon carbide particles [0029].
Further regarding claim 9, Shimada teaches that the positive electrode current collector may have a thickness of 10 to 20 µm [0018]. Shimada discloses that the intermediate layer is preferably smaller than the thickness of the positive electrode current collector (i.e. less than 100% of a thickness of the positive electrode current collector), and that the thickness of the intermediate layer may be 1 to 10 µm [0034]. For a positive electrode current collector thickness of 20 µm and an intermediate layer thickness of 1 µm, the thickness of the intermediate layer would be 5% of the thickness of the positive electrode current collector. For a positive electrode current collector thickness of 10 µm and an intermediate layer thickness of 10 µm, the thickness of the intermediate layer would be 100% of the thickness of the positive electrode current collector, which is within the recited range.
Further regarding claim 10, Shimada teaches that the intermediate layer may have a thickness of 1 to 10 µm, which is within the recited range [0034].
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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Shimada (US 2020/0365908).
Regarding claim 8, Shimada teaches the lithium secondary battery of claim 1 as described in the rejection of instant claim 1. Shimada further 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].
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over 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, Shimada teaches the lithium secondary battery of claim 1, as described in the rejection of instant claim 1. Shimada 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 Shimada 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].
Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over 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, Shimada teaches the lithium secondary battery of claim 1, as described in the rejection of instant claim 1. 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”]. Shimada also teaches that it is desirable to diffuse heat generated inside the battery quickly [0030].
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 Shimada 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, Shimada teaches the lithium secondary battery of claim 1, as described in the rejection of instant claim 1. 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”] Shimada also teaches that it is desirable to diffuse heat generated inside the battery quickly [0030].
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 Shimada 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 with respect to claims 1-10 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MARIA F OROZCO whose telephone number is (571)272-0172. The examiner can normally be reached M-F 9-6.
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/M.F.O./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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