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 Arguments
The objections to claims 14 and 15 have been overcome by the amendment and are withdrawn.
Applicant’s arguments, see pp. 7-9, filed January 12, 2026, with respect to the rejection(s) of claim(s) 14-17 under 35 USC 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made in view of Senoue (US 2020/0243897 A1) and Kim et al. (KR 20210098330 A).
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.
Claim(s) 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Senoue (US 2020/0243897 A1) in view of Kim et al. (KR 20210098330 A; citations refer to attached English translation).
Regarding claim 14, Senoue teaches a method of manufacturing a battery comprising preparing a first electrode with a plurality of through holes (the anode; [0097]), applying a first paste to the walls of the through holes to create a first layer (the separator; [0099]), and applying a second paste to the surface of the separator to form a second layer (the cathode; [0103]), wherein the first paste includes a first inorganic particle group (boehmite; [0099]), and the second paste includes a second inorganic particle group with a size of 10 µm (lithium cobaltate; [0103]).
Senoue does not teach that the first particles are smaller than the second particles. Kim teaches that forming an electrode-coated lithium-ion battery separator in two layers, with a first layer comprising larger particles and second layer comprising smaller particles, improves battery performance (Kim [0013]-[0014]), and the smaller particles (400) can be seen to fill voids between the larger particles (300) (Kim Fig. 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to apply the separator of Senoue in two layers as taught by Kim to improve battery performance.
Regarding claim 15, the first electrode of modified Senoue includes through holes penetrating from a first face (top) to the opposite face (bottom) (Senoue Figs. 2 and 3).
The first layer is made by aspirating the first paste through the through holes from one face to another (sucked through by vacuum; Senoue [0099]).
Senoue does not teach forming the second layer by aspirating the first paste through the through holes from one face to another. Senoue teaches that the second layer may be formed by either pushing through with a syringe or pulling through with a vacuum (Senoue [0088]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to try any of the fine number of options suggested by Senoue to apply the second coating, including aspirating the paste.
Regarding claim 16, the first paste includes a binder (PVDF) and a dispersant (water) (Senoue [0099]). The second paste includes a binder (PVDF) and a dispersant (NMP) (Senoue [0103]).
Regarding claim 17, the battery is filled with an electrolyte (LiPF6 in EC/EMC/DMC) (Senoue [0105]) that impregnates the separator (Senoue [0076]).
Regarding claim 18, Kim teaches that the first particles should have a diameter of 500 nm to 3 µm (Kim [0017]), which overlaps the range of the instant claim. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to select any particle size within the range disclosed by Kim, including values within the range of the instant claim.
Regarding claim 19, modified Senoue teaches a coating thickness of 3-40 µm (Senoue [0045]), which overlaps the range of the instant claim. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to select any coating thickness within the range disclosed by modified Senoue, including values within the range of the instant claim.
Modified Senoue does not teach that an average diameter of the voids is 1/2 to 1/3 of the thickness of the first layer. However, applicant has indicated that applying a coating by the method of modified Senoue (pulling a slurry comprising ~50 wt% inorganic particles through the openings; Senoue [0099]) results in voids with diameters 1/2 to 1/3 of the thickness of the first layer (Table 1 of the instant specification). The coatings of modified Senoue are therefore assumed to have such voids.
Regarding claim 20, the first layer contacts the first electrode and the second layer contacts the second electrode along an axial direction of the through holes (Senoue Fig. 6 and Kim Fig. 4).
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.
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/J.A.C/ Examiner, Art Unit 1722
/ANCA EOFF/ Primary Examiner, Art Unit 1722