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 .
The Applicant has amended independent claim 1 and has canceled claim 2.
The pending claims are claims 1, 3-14.
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.
Claim Rejections - 35 USC § 103
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) 1, 3-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al., US 20220311095, in view of Iwayasu, WO 2015029248.
Regarding claim 1, Choi et al., teaches a lithium-ion battery cell (abstract) comprising: a positive electrode (0017) including a positive electrode active material (0125); a negative electrode including a negative electrode active material (0111); a polymer-containing layer interposed between the positive electrode and the negative electrode (0017), the polymer-containing layer including a polymeric composition having a melting point from about 80 0C to about 170 °C (100 deg C to 130 deg C; 0032); and an electrolyte (0137-0138) contacting the positive electrode and the negative electrode (0137-0138), the electrolyte including lithium ions that are transported between the negative electrode and the positive electrode (0111; 0143),:
Choi does not teach wherein the polymer-containing layer is coated onto the negative electrode. Choi teaches the lithium battery 1 may be a lithium polymer battery.” (0143).
Iwayasu, teaches a negative electrode containing a polymer-containing layer coated onto the negative electrode (“anode active material coating material using the same, anode, lithium-ion secondary battery and battery system”) (pg. 1, last para.).
Thus, it would have been obvious to one of ordinary skill in the art at the time of the invention to insert the teachings of Iwayasu into the teachings of Choi because Iwayasu teaches that “it is necessary to coat the negative electrode active material to suppress the deterioration of battery performance.” (pg. 2, middle).
Additionally, Iwayasu teaches the “coating for lithium-ion secondary batteries, which is a polyvinyl polymer comprising a main chain and branched chains.” (pg. 3, top of page).
Additionally, Iwayasu teaches “The lithium-ion secondary battery negative electrode active material coating material of the present invention is a polymer (polymer compound) that coats the surface of the negative electrode active material. In this specification, the material obtained as a result of coating the surface of the negative electrode active material with the coating material is referred to as the negative electrode material.” (pg. 3-4).
In claim 1, the statement, “lithium ion transport is stopped upon melting of the polymeric composition” is a product-by-process limitation.
"[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding claim 3, Choi et al., teaches wherein the lithium-ion battery cell does not include a separator (“reduction of the separator area”; (0092)).
Regarding claim 4, Choi et al., teaches further comprising a separator interposed between the polymer-containing layer and the positive electrode (0092; 0143).
Regarding claim 5, Choi et al., teaches wherein the melting point of the polymeric composition is from about 110 0C to about 130 C (100 deg C to 130 deg C; abstract; 0012).
Regarding claim 6, Choi et al., teaches wherein the polymer-containing layer has a thickness from 0.1 microns to 30 microns (0.1 microns to 5 microns; 0094; 0101).
Regarding claim 7, Choi et al., teaches wherein the polymer-containing layer includes polymeric microspheres (spherical particles; 0030; 0058) (plate-shaped; 0045; 0058).
Regarding claim 8, Choi et al., teaches wherein the polymeric composition includes a polyolefin (0102-0104).
Regarding claim 9, Choi et al., teaches wherein the polymer-containing layer further includes ceramic particles (0029; 0040).
Regarding claim 10, Choi et al., teaches wherein the ceramic particles have an average particle size from 0.1 micron to 2 micron (1 um to 20 um; 0040).
Regarding claim 11, Choi et al., teaches wherein the ceramic particles include a component selected from the group consisting of alumina (0031; 0037), boehmite (0012; 0029-0031) and combinations thereof.
Regarding claim 12, Choi et al., teaches wherein the polymer-containing layer further includes a binder (0029; 0051-0052).
Regarding claim 13, Choi et al., teaches wherein the binder includes a component selected from the group consisting of carboxymethyl cellulose (0096; 0159), styrene- butadiene rubber (0096), poly(vinyl alcohol) (0096), polyvinylpyrrolidone (0096), acrylics (0070-0072), and combinations thereof.
Regarding claim 14, Choi et al., teaches lithium-ion battery cell (0143) of claim 1, wherein the positive electrode comprises a positive electrode current collector (0125) and a positive electrode active layer (0125-0127) disposed over the positive electrode current collector (0125) and the negative electrode (0111) comprises a negative electrode current collector (0111) and a negative electrode active layer disposed over the negative electrode current collector (0159).
Response to Arguments
Applicant's arguments filed 6/19/2026 have been fully considered but they are not persuasive.
The Applicant argues that “Choi does not disclose or suggest a polymer-containing layer coated onto the negative electrode.”
However, Iwayasu, teaches a negative electrode containing a polymer-containing layer coated onto the negative electrode (“anode active material coating material using the same, anode, lithium-ion secondary battery and battery system”) (pg. 1, last para.).
Thus, it would have been obvious to one of ordinary skill in the art at the time of the invention to insert the teachings of Iwayasu into the teachings of Choi because Iwayasu teaches that “it is necessary to coat the negative electrode active material to suppress the deterioration of battery performance.” (pg. 2, middle).
Additionally, Iwayasu teaches the “coating for lithium-ion secondary batteries, which is a polyvinyl polymer comprising a main chain and branched chains.” (pg. 3, top of page).
Additionally, Iwayasu teaches “The lithium-ion secondary battery negative electrode active material coating material of the present invention is a polymer (polymer compound) that coats the surface of the negative electrode active material. In this specification, the material obtained as a result of coating the surface of the negative electrode active material with the coating material is referred to as the negative electrode material.” (pg. 3-4).
Additionally, Choi teaches:“In one or more embodiments, the lithium battery 1 may be a lithium ion battery. In one or more embodiments, the lithium battery 1 may be a lithium polymer battery.” (0143).
The Applicant argues that “Choi explains that, upon exposure to high temperature, the organic particles “dissolve and permeate into the porous substrate to block pores” of that substrate, thereby suppressing movement of electric current”.
However, exposure to high temperature…dissolve and permeate into the porous substrate, is a method; while claims 1, 3-14 are product claims.
The Applicant argues that “Choi's technical solution of maintaining the network structure of the coating layer on the porous substrate after the organic particle melts is specifically tied to the substrate-borne architecture, and Choi does not explain how that porous- substrate-based network structure would be preserved or function in the same manner if the meltable polymer-containing layer were removed from the separator architecture and instead coated directly onto an electrode.”
However, regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELA J MARTIN whose telephone number is (571)272-1288. The examiner can normally be reached 7am-4pm.
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ANGELA J. MARTIN
Examiner
Art Unit 1727
/ANGELA J MARTIN/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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