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 November 17th 2025 has been entered. Claims 1, 3, 5-8, & 10-13 are pending in the application. Claim 2 was cancelled by the Applicant, therefore the rejections of Claim 2 have been withdrawn. Claims 12 & 13 were added by the Applicant.
The argument to the 102 rejection of Claims 1-3, 5-8, & 10-11 has been fully considered and is persuasive, therefore the 102 rejection of Claims 1-3, 5-8, & 10-11 has been withdrawn. The argument to the 103 rejection of Claims 8 & 10-11 has been fully considered, however is not persuasive, therefore the 103 rejection has been maintained. In light of the amendment to the Claim 1 and new Claims 12 & 13, new rejections follow.
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.
Claims 1, 3, 5-8, & 10-13 are rejected under 35 U.S.C. 103 as being unpatentable over Otohata et al. US 2019/0165368 A1, further in view of Yamada et al. US 2015/0270522 A1.
Regarding Claim 1, Otohata discloses a lithium ion secondary battery comprising
a positive electrode (Figure 2 Item 11) and a negative electrode (Figure 2 Item 12) [0033]
the positive electrode and the negative electrode being laminated upon each other (as shown in Figure 2)
Otohata discloses that the positive electrode includes a positive electrode foil (current collector Item 110 Figure 3) [0034], a positive electrode active material layer (active material layer Item 111 Figure 3) [0034] formed on a surface of the positive electrode foil (shown in Figure 3), and a positive electrode insulating layer (insulating layer Item 112 Figure 3) [0036] formed on a surface of the positive electrode active material layer (shown in Figure 3)
Otohata discloses that the positive electrode active material layer includes a positive electrode active material [0056] and a first nonaqueous binder (PVDF, which is not aqueous) [0063]. Otohata further discloses that the positive electrode insulating layer includes an inorganic filler (inorganic particles) [0070], a second nonaqueous binder (PVDF) [0076], and a dispersant (NMP) [0085].
Otohata is silent as to the dispersant in the insulating layer comprising one of a carboxylic acid compound or phosphoric acid compound.
Yamada discloses a separator for a lithium ion secondary battery [0040], wherein the separator comprises inorganic particles dispersed in a dispersion medium [0041] further comprising a binder [0049]. Yamada discloses that the separator is an insulating film that insulates the positive electrode and the negative electrode [0137], similar to the insulating layer of Otohata. Yamada discloses that the inorganic particles can be boehmite, silica, titania, zirconia, or silica [0046], similar to that of Otohata. Yamada discloses that the binder can be PVDF [0050], similar to that of Otohata. Yamada further discloses that the separator can further comprise a dispersant as an additive, such as carboxylic acid surfactants [0054].
Yamada discloses that including a dispersant such as a carboxylic acid surfactant as an additive can help stabilize the dispersion of the inorganic particles and enhance applicability of the slurry [0053].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to incorporate the dispersant suggested by Yamada in the insulating layer slurry of Otohata to achieve an insulating layer slurry comprising a dispersant comprising a carboxylic acid compound (carboxylic acid surfactant) to provide a stabilized dispersion with enhanced applicability.
Thus modified Otohata discloses a dispersant for an insulating layer slurry that is a carboxylic acid compound (carboxylic acid surfactant).
Regarding Claim 3, Otohata discloses that the inorganic filler (inorganic particles) is aluminum oxide, silicon oxide, magnesium oxide, or titanium oxide [0070].
Regarding Claim 5, Otohata discloses that the negative electrode includes a negative electrode foil (negative electrode current collector) [0044] and a negative electrode active material layer formed on a surface of the negative electrode foil [0044].
Regarding Claim 6, Otohata discloses that the insulating layer can be applied to one or both of the positive electrode or negative electrode [0037], and in one embodiment discloses that the insulating layer is applied to both, as shown in Figures 4B & 4C [0037-0039].
Regarding Claim 7, Otohata discloses a separator disposed between the positive electrode and the negative electrode [0033], as further shown as Item 13 in Figures 2 & 4.
Regarding Claim 8, Otohata discloses a method for producing a lithium ion secondary battery [0136-0141]. Otohata discloses preparing a positive electrode foil [0140], preparing a positive electrode active material layer slurry [0136] by mixing a positive electrode active material (lithium nickel composite oxide), a first nonaqueous binder (PVDF), and a first nonaqueous solvent (NMP) [0136], and preparing a positive electrode insulating layer slurry [0138] by mixing an inorganic filler (alumina), a second nonaqueous binder (PVDF), and a second nonaqueous solvent (NMP) [0138]. Otohata discloses applying the positive electrode active material layer slurry to a surface of the positive electrode foil [0140], followed by applying the positive electrode insulating layer slurry to the surface of the active material layer slurry [0140], and specifically discloses that the insulating layer slurry is applied before the active material slurry is dried [0140]. Otohata discloses that the two slurry layers are simultaneously dried [0140].
Otohata is silent as to the dispersant in the insulating layer comprising one of a carboxylic acid compound or phosphoric acid compound.
Yamada discloses a separator for a lithium ion secondary battery [0040], wherein the separator comprises inorganic particles dispersed in a dispersion medium [0041] further comprising a binder [0049]. Yamada discloses that the separator is an insulating film that insulates the positive electrode and the negative electrode [0137], similar to the insulating layer of Otohata. Yamada discloses that the inorganic particles can be boehmite, silica, titania, zirconia, or silica [0046], similar to that of Otohata. Yamada discloses that the binder can be PVDF [0050], similar to that of Otohata. Yamada further discloses that the separator can further comprises a dispersant as an additive, such as carboxylic acid surfactants [0054].
Yamada discloses that including a dispersant such as a carboxylic acid surfactant as an additive can help stabilize the dispersion of the inorganic particles and enhance applicability of the slurry [0053].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to incorporate the dispersant suggested by Yamada in the insulating layer slurry of Otohata to achieve an insulating layer slurry comprising a dispersant comprising a carboxylic acid compound (carboxylic acid surfactant) to provide a stabilized dispersion with enhanced applicability.
Thus modified Otohata discloses a dispersant for an insulating layer slurry that is a carboxylic acid compound (carboxylic acid surfactant).
Regarding Claim 10, Otohata discloses that the inorganic filler (inorganic particles) is aluminum oxide, silicon oxide, magnesium oxide, or titanium oxide [0070].
Regarding Claim 11, Otohata discloses that the second nonaqueous binder is PVDF [0076].
Regarding Claim 12, modified Otohata discloses that the dispersant includes a carboxylic acid compound (carboxylic acid surfactant) as modified by Yamada [Yamada 0054], or can alternatively include a phosphoric acid compound (phosphoric acid ester surfactant) [Yamada 0054].
Regarding Claim 13, modified Otohata discloses that the dispersant includes a carboxylic acid compound (carboxylic acid surfactant) as modified by Yamada [Yamada 0054], or can alternatively include a phosphoric acid compound (phosphoric acid ester surfactant) [Yamada 0054].
Response to Arguments
Applicant’s arguments with respect to the 102 rejection of Claims 1-3, 5-8, & 10-11 as being anticipated by Otohata have been fully considered and are persuasive. The rejection has therefore been withdrawn.
Applicant argues that Yamada does not disclose or suggest a positive electrode insulating layer that includes an inorganic filler, a second nonaqueous binder, and a dispersant selected from a group of carboxylic acid compounds and phosphoric acid compounds. Examiner respectfully points out that Yamada was not used to teach these elements of Claim 8, and instead Yamada was used to modify the dispersant of Otohata to be a carboxylic acid compound or a phosphoric acid compound for the disclosed advantage of a stabilized dispersion with enhanced applicability as mentioned in the rejection above. Examiner also points out that as stated in the rejection above, while Yamada was not used directly to teach the listed elements of Claim 8, Yamada does share common elements with Otohata, and is therefore analogous art, and one of ordinary skill in the art would recognize Yamada as being combinable with Otohata for the disclosed benefits as mentioned in Yamada. Accordingly, for the reasons stated above, this argument is unpersuasive.
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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/A.E.G./Examiner, Art Unit 1726
/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 5 January 2026