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 .
Election/Restrictions
1. Applicant’s election of Group I in the reply filed on 12/05/2025 is acknowledged. Because applicant did not distinctly and specifically point out the supposed errors in the restriction requirement, the election has been treated as an election without traverse (MPEP § 818.01(a)).
Claims 18-20 withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 12/05/2025.
Priority
2. Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Information Disclosure Statement
3. The information disclosure statements (IDS) submitted on 02/25/2025, 12/12/2024, 07/12/2024, and 04/06/2023 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
4. Figures 1-3 should be designated by a legend such as --Prior Art-- because only that which is old is illustrated. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the battery cell must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Objections
5. Claim 10 is objected to because of the following informalities:
Regarding claim 10, the recitation “lithium manganese oxide,” in claim 10, line 3 should be removed as it is repeated again in line 7. Appropriate correction is required.
Claim Rejections - 35 USC § 112
6. Claims 2-6 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 2, the recitation “the surface in contact with the separator” in claim 2, line 5 lacks proper antecedent basis in the claim. For examination purposes the aforementioned recitation will be interpreted as “a surface in contact with the separator”.
Regarding claim(s) 3-6, the claim(s) is/are rejected as they depend from, and therefore incorporate the claimed subject matter from claims rejected under this statute.
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.
7. Claim(s) 1-3, 7-13, and 15-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawai (Pub. No. US 20200251786 A1) in view of Yudi et al. (US 20210098770 A1).
Regarding claim 1, Kawai teaches an electrode assembly (electrode assembly, Fig. 1 below) comprising: a separator (14, Fig. 1 below, see [0030], hereinafter components referenced are the components residing within the box outlining the electrode assembly in Fig. 1 below); a positive active material layer (positive electrode material layer 1, Fig. 1 below, see [0040], see [0074] where the active material layer faced the negative electrode active material with the separator in between, Fig. 1 below has been modified to better illustrate the layers based on description of Fig. 1 detailed in [0074] adhered to a first surface (top surface of 14, Fig. 1 below) of the separator (14, Fig. 1 below, see [0030], see [0074] wherein the separator has an adhesive layer on each side therefore positive electrode material layer is adhered to the separator); and a negative electrode active material layer (top negative electrode material layer 1, Fig. 1 below, see [0041]) adhered to a second surface (bottom surface of 14, Fig. 1 below) of the separator (14, Fig. 1 below, see [0030], see [0074] wherein the separator has an adhesive layer on each side therefore the negative electrode material layer 1 is adhered to the separator), wherein the positive electrode active material layer (positive electrode material layer 1, Fig. 1 below, see [0040]) is formed of a first electrode composition (composition of positive electrode material layer, see [0043] describes the composition) in which a positive electrode active material (positive electrode active material, see [0043]), a binder (binder, see [0043]), and a conductive material (conductive aid, see [0043]) are mixed (mixture, see [0067]), and wherein the negative electrode active material layer (top negative electrode material layer, Fig. 1 below, see [0041]) is formed of a second electrode composition (composition of negative electrode material layer, see [0043]) in which a negative electrode active material (negative electrode active material, see [0043]), a binder (binder, see [0043]), and a conductive material (conductive aid, see [0043]) are mixed (mixture, see [0069]) but fails to teach wherein the first electrode composition in which a positive active material, a binder, and a conductive material are dry-mixed and wherein the second electrode composition in which a negative active material, a binder, and a conductive material are dry-mixed
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However, Yudi teaches a first electrode composition (electrode film mixture, see [0042]) in which a positive active material (cathode active material, see [0042]), a binder (binder, see [0042]) and a conductive material (conductive carbon additive, see [0042]) are dry-mixed (see [0042] wherein the mixing takes place with no solvents therefore dry mixed) and wherein a second electrode composition (mixture of components in anode electrode film, see [0061]) in which a negative active material (active material, see [0061]), a binder (binder, see [0061]), and a conductive material (conductive additive, see [0061]) are dry-mixed (see [0062] wherein the anode electrode film is a dry self-supporting electrode film, see [0042] wherein the negative electrode film is manufactured using the processes disclosed for the cathode, therefore it is also dry mixed) and further teaches wherein: the binder (binder, see [0042], see [0062]) comprises polytetrafluoroethylene (PTFE) (polytetrafluoroethylene (PTFE), see [0027]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Kawai such that the composition of positive electrode material layer and the composition of the negative electrode material layer are formed such that the active material, binder and conductive aid are dry mixed and use polytetrafluoroethylene (PTFE) as the binder as taught by Yudi to improve performance, reduce binder loading while maintaining mechanical strength (see [0028] of Yudi), exhibit a higher C-rate (see [0046] of Yudi), and further enable manufacturing of self-standing films without the aid of a solvent (see [0027] of Yudi). Further Kawai teaches that modifications can be made (see [0065] of Kawai).
Regarding claim 2, Kawai in view of Yudi teaches wherein: the positive active material layer (positive electrode material layer 1, Fig. 1 above, see [0040]) is configured such that a positive electrode current collector (positive electrode current collector 1, Fig. 1 above, see [0040]) is stacked on a surface (top surface of positive electrode material layer 1, Fig. 1 above, see [0074] where the positive electrode material layer is facing towards the negative electrode material layer with the separator between) opposite to a surface (bottom surface of positive electrode material layer 1, Fig. 1 above, see [0074] where the positive electrode material layer is facing towards the negative electrode material layer with the separator between) in contact with the separator (14, Fig. 1 above, see [0030]), and the negative active material layer (top negative electrode material layer 1, see [0041]) is configured such that a negative electrode current collector (negative electrode current collector 1, Fig. 1 above, see [0041]) is stacked on a surface (lower surface of top negative electrode material layer 1, Fig. 1 above, see [0041]) opposite to the surface (top surface of top negative electrode material layer 1, see Fig. 1 above) in contact with the separator (14, Fig. 1 above, see [0030]). See 112 rejection above for interpretation.
Regarding claim 3, Kawai in view of Yudi teaches wherein: at least one of the positive electrode current collector (positive electrode current collector 1, Fig. 1 above, see [0040]) and the negative electrode current collector (negative electrode current collector 1, Fig. 1 above, see [0041]) is formed of a planar sheet (sheet-shaped metal member, see [0050] where both current collectors are sheet-shaped metal member in form of a metal foil).
Regarding claim 7, Kawai in view of Yudi teaches wherein: a content of the binder (binder, see [0043]) contained in the first electrode composition (composition of positive electrode material layer, see [0043] describes the composition) is 1% by weight or more and 5% by weight or less (1.5% by weight, see [0067] gives a specific example of binder at 1.5% by weight based on a total weight of the first electrode composition (composition of positive electrode material layer, see [0043] describes the composition, see [0067] where active material, conductive aid, and binder make up 100% by weight), and a content of the binder (binder, see [0043]) contained in the second electrode composition (composition of negative electrode material layer, see [0043]) is 1% by weight or more and 5% by weight or less (2% by weight, see [0069] gives a specific example with binder being 2% by weight) based on a total weight of the second electrode composition (composition of negative electrode material layer, see [0043]).
Regarding claim 8, Kawai in view of Yudi teaches wherein: the binder (binder, see [0043]) comprises polytetrafluoroethylene (PTFE) (polytetrafluoroethylene (PTFE), see [0027] of Yudi, see modification above).
Regarding claim 9, Kawai in view of Yudi teaches wherein: a content of the positive electrode active material (positive electrode active material, see [0043]) contained in the first electrode composition (composition of positive electrode material layer, see [0043] describes the composition) is 90% by weight or more and 98% by weight or less (97.5% by weight, see [0067] gives a specific example) based on a total weight of the first electrode composition (composition of positive electrode material layer, see [0043] describes the composition).
Regarding claim 10, Kawai in view of Yudi teaches, wherein: the positive electrode active material (positive electrode active material, see [0043]) comprises at least one of lithium cobalt oxide (LiCoO.sub.2) (lithium cobalt oxide, see [0044]), lithium nickel oxide (LiNiO.sub.2) (lithium nickel oxide, see [0044]), lithium manganese oxide, lithium copper oxide (Li.sub.2CuO.sub.2), vanadium oxide, a Ni-site type lithium nickel oxide, lithium manganese composite oxide, lithium manganese composite oxide having a spinel structure, LiMn.sub.2O.sub.4 in which a part of Li in formula is substituted with an alkaline earth metal ion, a disulfide compound; Fe.sub.2(MoO.sub.4).sub.3, or lithium manganese oxide (LMO) (lithium manganese oxide, see [0044]).
Regarding claim 11, Kawai in view of Yudi teaches wherein: a content of the negative active material (negative electrode active material, see [0043]) contained in the second electrode composition (composition of negative electrode material layer, see [0043]) is 90% by weight or more and 98% by weight or less (97.0% by weight, see [0069] gives a specific example) based on a total weight of the second electrode composition (composition of negative electrode material layer, see [0043]).
Regarding claim 12, Kawai in view of Yudi teaches wherein: the negative active material (negative electrode active material, see [0043]) comprises at least one of lithium metal, lithium alloy (lithium alloy, see [0047]), petroleum coke, activated carbon, graphite (graphite, see [0047]), silicon, tin, or a metal oxide (tin oxide/indium oxide/lithium oxide/zinc oxide, see [0047]).
Regarding claim 13, Kawai in view of Yudi fails to teach wherein: the positive active material layer and the negative active material layer are produced from a freestanding film, respectively.
However, Yudi further teaches wherein: the positive active material layer (cathode electrode film, see [0031]) and the negative active material layer (anode electrode film, see [0031]) are produced from a freestanding film, respectively (self-supporting, see [0031] wherein the anode and cathode electrode film are self-supporting which is free-standing).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Kawai in view of Yudi such that the positive electrode material layer and the negative electrode material layer are formed into a free-standing film and therefore produced from a free-standing film as taught by Yudi for improved performance, improved first cycle efficiency, and reducing binder loading while maintaining mechanical strength (see [0028] of Yudi). Further Kawai in view of Yudi teaches that modifications can be made (see [0065] of Kawai).
Regarding claim 15, Kawai in view of Yudi teaches a battery cell (lithium ion secondary battery, see [0074]) comprising the electrode assembly (electrode assembly, Fig. 1 above, see [0074] where the battery comprises the structure illustrated in Fig. 1) as set forth in claim 1 (see rejection of claim 1 above), and at least one additional electrode assembly (electrode assembly 2, see Fig. 1 below, see electrode assembly 2 is the same structure as electrode assembly 1), so that at least two electrode assemblies are included (electrode assembly/electrode assembly 2, see Fig. 1 below where 2 electrode assemblies are included).
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Regarding claim 16, Kawai in view of Yudi teaches wherein: the battery cell (lithium ion secondary battery, see [0074]) is formed by stacking the least two electrode assemblies (electrode assembly/electrode assembly 2, see Fig. 1 above where 2 electrode assemblies are included, see Fig. 1 above where the electrode assemblies are stacked), and the at least two electrode assemblies (electrode assembly/electrode assembly 2, see Fig. 1 above where 2 electrode assemblies are included) are disposed such that the positive active material layers (positive electrode material layer 1/positive electrode material 3, see Fig. 1 above, see [0040]) contained in each electrode assembly (electrode assembly/electrode assembly 2 respectively, see Fig. 1 above) face each other (see Fig. 1 above where the positive electrode material layer 1 faces down toward positive electrode active material layer 3, and positive electrode active material 3 faces up toward positive electrode active material layer 1) or the negative active material layers face each other.
Regarding claim 17, Kawai in view of Yudi teaches wherein: the at least two of the electrode assemblies (electrode assembly/electrode assembly 2, see Fig. 1 above where 2 electrode assemblies are included) are configured such that a positive electrode current collector (positive electrode current collector 2, Fig. 1 above) is stacked between the respective positive electrode active material layers (positive electrode material layer 1/positive electrode material 3, see Fig. 1 above where positive electrode current collector 2 is between the positive electrode material layer 1 and 3), and a negative electrode current collector (negative electrode current collector 1, see Fig. 1 above) is stacked between the respective negative electrode active material layers (top negative electrode material layer 1/bottom negative electrode material layer 2, see Fig. 1 above where the negative electrode current collector 1 is between the top negative electrode material layer 1 and the bottom negative electrode material layer 2).
8. Claim(s) 4-5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawai (Pub. No. US 20200251786 A1) in view of Yudi et al. (US 20210098770 A1) as applied to claim 2 above, and further in view of Inoue (Pub. No. US 20210036374 A1).
Regarding claim 4, Kawai in view of Yudi fails to teach wherein: at least one of the positive electrode current collector and the negative electrode current collector is formed of at least two or more linear sheets, and the linear sheets are spaced apart from each other.
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However, Inoue teaches wherein: at least one of the positive electrode current collector (100, Fig. 3, see [0039-0041]) and the negative electrode current collector (100, Fig. 3, see [0039-0041], the current collector in Fig. 3 is a generic current collector therefore it could be used as a positive or negative current collector) is formed of at least two or more linear sheets (linear sheets, see Fig. 3 below), and the linear sheets (linear sheets, see Fig. 3 below) are spaced apart from each other (see in Fig. 3 below the linear sheets are spaced apart by 204).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Kawai in view of Yudi to substitute the positive electrode current collector and/or the negative electrode current collector as taught by Kawai in view of Yudi for the current collector 100 as taught by Inoue to prevent air accumulation spots (see [0013] of Inoue for air accumulation spots, see [0014] of Inoue where the issue is solved) and allow for easy impregnation with an electrolytic solution (see [0014] of Inoue). Further Kawai in view of Yudi teaches that modifications can be made (see [0065] of Kawai).
Regarding claim 5, Kawai in view of Yudi and further in view of Inoue teaches wherein: the linear sheets (linear sheets, see Fig. 3 above) have the same pattern as each other (see Fig. 3 above where the linear sheets are the same shape/pattern).
9. Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawai (Pub. No. US 20200251786 A1) in view of Yudi et al. (US 20210098770 A1) as applied to claim 2 above, and further in view of Kim et al. (Pub. No. US 20160111729 A1).
Regarding claim 6, Kawai in view of Yudi fails to teach wherein: at least one of the positive electrode current collector and the negative electrode current collector is formed of a fibrous sheet having a random arrangement.
However, Kim teaches a positive electrode current collector (100, Fig. 1A, see [0033], see [0126] wherein the collector can be applied to a cathode or anode) and a negative electrode current collector (100, Fig. 1A, see [0033], see [0126] wherein the collector can be applied to a cathode or anode) is formed of a fibrous sheet having a random arrangement (non-woven fabric current collector, see [0033] where 100 is a non-woven fabric current collector, see [0034] where the conductive fibers are randomly tangled).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Kawai in view of Yudi to substitute the positive electrode current collector and/or the negative electrode current collector as taught by Kawai in view of Yudi for the non-woven fabric current collector as taught by Kim as an art effective equivalent current collector (see [0033] of Kim where the sheet replaces metal current collecting foils) to improve energy density, reduce internal resistance, and increase interface (see [0015] of Kim). Further Kawai in view of Yudi teaches that modifications can be made (see [0065] of Kawai).
10. Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kawai (Pub. No. US 20200251786 A1) in view of Yudi et al. (US 20210098770 A1) as applied to claim 1 above, and further in view of Sakurai et al. (Pub. No. US 20220190441 A1).
Regarding claim 14, Kawai in view of Yudi teaches wherein: an adhesive layer (adhesive layer, see [0074]) is formed between the separator (14, Fig. 1 above, see [0030], see [0074] where the adhesive layer is formed on both sides of the separator) and the positive electrode active material layer (positive electrode material layer 1, Fig. 1 above, see [0040], see [0074] wherein the adhesive layer is coated on both sides of the separator, therefore it is between the separator and the positive electrode material layer 1), and between the separator (14, Fig. 1 above, see [0030], see [0074] where the adhesive layer is formed on both sides of the separator) and the negative electrode active material layer (top negative electrode material layer, Fig. 1 above, see [0041], see [0074] wherein the adhesive layer is coated on both sides of the separator, therefore it is between the separator and the top negative electrode material layer 1), respectively but fails to teach wherein the adhesive layer has a porous structure.
However, Sakurai teaches wherein the adhesive layer (adhesive porous layer, see [0035]) has a porous structure (see [0035] where the adhesive porous layer is porous as denoted by the name adhesive porous layer).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the invention to modify Kawai in view of Yudi such that the adhesive layer is formed to have a porous structure as taught by Sakurai to ensure the separator exhibits excellent adhesion to electrodes (see [0009] of Sakurai). Further Kawai in view of Yudi teaches that modifications can be made (see [0065] of Kawai).
Conclusion
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/DOUGLAS C MARROQUIN/Examiner, Art Unit 1723 /TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723