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 May 13th 2026 has been entered. Claim 16 was added by the Applicant. Claims 1-7, 12, & 14 have been cancelled by the Applicant, therefore the rejections of those claims have been withdrawn. The arguments to the previous 103 rejections of claims 8, 10-11, 13, & 15 have been fully considered however are not persuasive. New rejections follow to address newly added Claim 16.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 16 is 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.
Claim 16 recites “a negative electrode active material” and then later recites “the negative electrode active layer”. There is insufficient antecedent basis for this limitation. There is no previous mention of a “negative electrode active layer”, and thus is it unclear if Applicant is introducing a new and different negative electrode active layer. Appropriate correction is required.
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 8, 10-11, & 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Katayama et al. US 2010/0221965 A1, further in view of Otohata et al. US 2019/0165368 A1.
Regarding Claim 8, Katayama discloses a method for producing a lithium ion secondary battery [0154]. Katayama discloses preparing a positive electrode foil [0154], preparing a positive electrode active material layer slurry [0154] by mixing a positive electrode active material (lithium cobalt oxide), a first nonaqueous binder (PVDF), and a first nonaqueous solvent (NMP) [0154]. Katayama discloses previously preparing a positive electrode insulating layer slurry [0022] by mixing an inorganic filler (insulating fine particles), a second nonaqueous binder (thickening agent), and a dispersant (dispersing agent) [0022, 0045] as well as a second nonaqueous solvent (organic solvent) [0059]. Katayama discloses that the content of the dispersant in the slurry is 0.1-5 parts by weight per 100 parts by weight of the insulating particles [0046], thus Katayama discloses that the content of the dispersant is 0.1wt%-4.8wt% with respect to the total content of the insulating particles and the dispersant, as shown below:
0.1 parts by weight of dispersion medium + 100 parts by weight of particles = 100.1 total
0.1 parts by weight of dispersion medium / 100.1 total = 0.1wt% dispersion medium
5 parts by weight of dispersion medium + 100 parts by weight of particles = 105 total
5 parts by weight of dispersion medium / 105 total = 4.8wt% dispersion medium
Katayama discloses applying the positive electrode active material layer slurry to a surface of the positive electrode foil [0154]. Katayama discloses applying the positive electrode insulating layer slurry to the surface of the active material layer slurry [0106].
Katayama discloses that the dispersant can be a carboxylic acid compound (acid groups such as carboxyl groups) [0045].
Katayama fails to specifically disclose that the positive electrode active material slurry and the positive electrode insulating layer slurry are simultaneously dried.
In a similar disclosure, 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 discloses that a lithium ion secondary battery made in this way provides efficient manufacturing without deteriorating battery characteristics [0019].
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 use the method of Otohata of applying both slurries and simultaneously drying in the method of Katayama to provide an efficient manufacturing method without deteriorating battery characteristics.
Regarding Claim 10, Katayama discloses that the inorganic filler (insulating fine particles) is alumina, zirconia, or titania [0026].
Regarding Claim 11, Katayama discloses that the second nonaqueous binder (thickening agent) is CMC or PAA [0039].
Regarding Claim 15, Katayama discloses that the content of the dispersant with respect to the total content of the inorganic filler and the dispersant in the positive electrode insulating layer is 0.1wt%-4.8wt% [0046], as mentioned regarding Claim 8.
Regarding Claim 16, modified Katayama is relied upon for the reasons given above in addressing Claim 8. Katayama additionally discloses preparing a negative electrode by forming a negative electrode active material on a negative electrode foil (deposited negative active material paste on current collector) [0155].
Katayama discloses that the insulating layer can be applied to at least one of the positive electrode or negative electrode [0068-0071], however is silent as to a specific embodiment wherein there is both a positive electrode insulating layer and a negative electrode insulating layer on the surface of the negative electrode active material layer facing the positive electrode insulating layer.
In a similar disclosure, 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), similar to that of Katayama.
Otohata further discloses a negative electrode that 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], similar to that of Katayama. 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]. As shown in Figure 4C, Otohata discloses that the negative electrode insulating layer faces the positive electrode insulating layer:
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Annotated Otohata Figure 4C
Otohata discloses that batteries having the above configuration, wherein the insulating layer is on both the positive electrode and the negative electrode, achieves the prevention of large burrs and short circuits as a result of the large burrs [0038].
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 adopt the configuration of Otohata wherein there is an insulating layer on the positive electrode as well as on the negative electrode, into the configuration of Katayama to prevent large burrs and short circuits.
Thus, modified Katayama discloses that the method further comprises forming a negative electrode insulating layer on the negative electrode active layer, and facing the negative electrode insulating layer to the positive electrode insulating layer, as modified by Otohata.
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Katayama and Otohata as applied to Claims 1 & 8 above, in further view of Yamada et al. US 2015/0270522 A1.
Regarding Claim 13, Katayama discloses that the dispersant includes a carboxylic acid compound [0045], however does not disclose that the dispersant includes a 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], similar to that of modified Katayama. 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 Katayama. Yamada discloses that the inorganic particles can be boehmite, silica, titania, zirconia, or silica [0046], similar to that of Katayama. Yamada discloses that the binder can be PVDF [0050], similar to that of Katayama. Yamada further discloses that the separator can further comprise a dispersant as an additive, such as a carboxylic acid compound (carboxylic acid surfactants) or a phosphoric acid compound (phosphoric acid ester surfactant) [Yamada 0054].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to substitute one known dispersant, i.e. carboxylic acid compound of Katayama, for another dispersant, i.e. phosphoric acid compound of Yamada, with reasonable expectation of success. The simple substitution of one dispersant for another to obtain predictable results is not patentable. See KSR International Co v. Teleflex Inc., 127 S. Ct. 1727,82 USPQ2d 1385 (2007); MPEP 2143 B.
In addition, by teaching the two alternative dispersant, Yamada demonstrates that these are known equivalents in the art, and the selection of either dispersant would have been obvious to one having ordinary skill in the art. See MPEP 2144.06.
Thus modified Katayama discloses a dispersant for an insulating layer slurry that is a phosphoric acid compound (phosphoric acid ester surfactant).
Claims 8, 10-11, & 15-16 are rejected under 35 U.S.C. 103 as being unpatentable over Otohata et al. US 2019/0165368 A1, further in view of Katayama et al. US 2010/0221965 A1.
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. Additionally Otohata is silent as to the content of the dispersant with respect to the total content of the inorganic filler and the dispersant in the positive electrode insulating layer.
Katayama discloses an insulating layer for a lithium secondary battery [0022] wherein the insulating layer comprises insulating particles and a thickening agent in a dispersion medium [0022], and can also comprise a binder [0047], and is layered on the positive electrode active material layer [0018, 0068-0071], similar to that of Otohata. Katayama discloses that the insulating particles can be alumina, silica, titanium oxide, zirconium oxide among other oxides [0026], and further discloses that the dispersion medium can be a carboxylic acid compound [0044-0045]. Katayama discloses that the content of the dispersant in the slurry is 0.1-5 parts by weight per 100 parts by weight of the insulating particles [0046], thus Katayama discloses that the content of the dispersant is 0.1wt%-4.8wt% with respect to the total content of the insulating particles and the dispersant, as shown below:
0.1 parts by weight of dispersion medium + 100 parts by weight of particles = 100.1 total
0.1 parts by weight of dispersion medium / 100.1 total = 0.1wt% dispersion medium
5 parts by weight of dispersion medium + 100 parts by weight of particles = 105 total
5 parts by weight of dispersion medium / 105 total = 4.8wt% dispersion medium
Katayama discloses that using a dispersing agent such as this provides an insulating layer with a uniform dispersion of the particles [0043]. Katayama discloses that this content of dispersing agent provides a more effective dispersing effect, which Katayama discloses previously as achieving uniform, stable dispersion [0020]. Katayama discloses that if the content of the dispersing agent is too large, the dispersing effect becomes saturated and reduces the effect of the other components in the insulating layer [0046], which Katayama previously discloses as having excellent heat resistance and high reliability [0020].
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 use the suggested content and composition (a carboxylic acid compound) of Katayama for the dispersant in the insulating layer of Otohata to provide an insulating layer with a uniform, stable dispersion, excellent heat resistance, and high reliability.
Additionally, one of ordinary skill in the art would have recognized the content of the dispersion medium is a result effective variable, and would seek to optimize this parameter, and would therefore arrive at the claimed range to achieve provide a uniform, stable dispersion while providing an insulating layer with excellent heat resistance and high reliability. See MPEP 2144.05. 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 select a content of the dispersion medium within the claimed range to provide an insulating layer with a uniform, stable dispersion, excellent heat resistance, and high reliability as suggested by Katayama.
Therefore, modified Otohata discloses that the dispersant is a carboxylic acid compound and that the content of the dispersant is in the range of 0.1wt%-4.8wt% with respect to the total content of the inorganic filler and the dispersant in the positive electrode insulating layer.
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 15, modified Otohata discloses that the content of the dispersant with respect to the total content of the inorganic filler and the dispersant in the positive electrode insulating layer is 0.1wt%-4.8wt% [Katayama 0046], as mentioned regarding Claim 8.
Regarding Claim 16, Otohata discloses embodiments wherein there is an insulating layer on both the positive electrode and the negative electrode [0038]. Otohata discloses preparing a negative electrode by forming a negative electrode active material on a negative electrode foil [0153-0159]. Otohata further discloses forming a negative electrode insulating layer on the negative electrode active layer [0159]. Otohata discloses, as shown in Figure 4C below, that the negative electrode insulating layer was positioned to face the positive electrode insulating layer:
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Annotated Otohata Figure 4C
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Otohata and Katayama as applied to Claims 1 & 8 above, in further view of Yamada et al. US 2015/0270522 A1.
Regarding Claim 13, modified Otohata discloses that the dispersant includes a carboxylic acid compound as modified by Katayama [0045], however does not disclose that the dispersant includes a 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], similar to that of modified Otohata. 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 a carboxylic acid compound (carboxylic acid surfactants) or a phosphoric acid compound (phosphoric acid ester surfactant) [Yamada 0054].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to substitute one known dispersant, i.e. carboxylic acid compound of Katayama, for another dispersant, i.e. phosphoric acid compound of Yamada, with reasonable expectation of success. The simple substitution of one dispersant for another to obtain predictable results is not patentable. See KSR International Co v. Teleflex Inc., 127 S. Ct. 1727,82 USPQ2d 1385 (2007); MPEP 2143 B.
In addition, by teaching the two alternative dispersant, Yamada demonstrates that these are known equivalents in the art, and the selection of either dispersant would have been obvious to one having ordinary skill in the art. See MPEP 2144.06.
Thus modified Otohata discloses a dispersant for an insulating layer slurry that is a phosphoric acid compound (phosphoric acid ester surfactant).
Response to Arguments
Applicant argues that Otohata and Katayama do not disclose individually or in combination that the positive active layer slurry and the positive electrode insulating layer slurry are dried simultaneously. Examiner respectfully points out that as stated in the rejections above, Katayama relied upon for teaching the compositions of the positive active layer slurry and the positive electrode insulating layer slurry that read on the claim. Otohata is relied upon for teaching that in the method, a positive active layer slurry and a positive electrode insulating layer slurry are dried simultaneously for the benefit of providing efficient manufacturing without deteriorating battery characteristics. Thus one of ordinary skill in the art would be motivated to use the suggested method step of Otohata in the method of drying the slurries of Katayama, therefore arriving at the claimed method through the combination of Katayama in view of Otohata. Additionally, Examiner points out as above that while Otohata is silent as to the dispersion medium compound and content within the positive electrode insulating layer slurry, Katayama provides a suggestion of using carboxylic acid as the dispersion medium and provides both a suggestion of the content of the dispersion medium as well as motivation to stay within the suggested range of content, both of which read on the claimed range. Thus, one of ordinary skill in the art would be motivated to modify the dispersion medium of Otohata with the dispersion medium and content of Katayama to provide an insulating layer with a uniform, stable dispersion, excellent heat resistance, and high reliability, therefore arriving at the claimed method through the combination of Otohata in view of Katayama. 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.G.N./Examiner, Art Unit 1726 /DANIEL P MALLEY JR./Primary Examiner, Art Unit 1726
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