POSITIVE ELECTRODE PLATE AND BATTERY
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
In response to communication filed on 11/18/2025:
Claims 1 and 7 have been amended; claim 6 has been cancelled. No new matter has been entered.
Previous double patenting rejections have been withdrawn due to filing of terminal disclaimer.
Previous rejections under 35 USC 103 have been modified due to amendment.
Terminal Disclaimer
The terminal disclaimer filed on 11/18/2025 has been approved.
Response to Arguments
Applicant’s arguments with respect to claim 1 have been considered but are moot based on grounds of new rejection necessitated by amendment.
Applicant's arguments filed 11/18/2025 with respect to claim 7 have been fully considered but they are not persuasive.
The Applicant discloses: “Dependent claim 7 further limits the content of technical feature (1), specifically: 65~80 wt% of the thermosensitive polymer microspheres, 5~15 wt% of the first positive electrode active material, 5~15 wt% of the first conductive agent, 4.5~15 wt% of the first binder, and 0.1~4 wt% of the auxiliary agent.
D1 teaches that the broadest range of contents in the first mixture is: the content of the polymer material is 1 - 60%, the content of the first binder is 1 - 60%, and the content of the conductive particle is 1 - 60% (see lines 9 - 64, column 5).
D2 teaches that the broadest range of contents in the inner layer is: a PTC film comprising no less than about 70% by weight of an inorganic PTC compound, no greater than about 30% by weight of a polymer, and optionally no greater than about 5% by weight of a conductive material (see column 2).
It can be seen that there are significant differences between claim 7 of the present application and D1 and D2, at least in the content of the thermosensitive polymer. The minimum content of the thermosensitive polymer in claim 7 is 65%, while the maximum in D1 is 60% and the maximum in D2 is 30%.”
The Examiner respectfully traverses. Kim teaches the maximum amount of the PTC material is at 60% whereas the claimed minimum recited in claim 7 is 65%. While the ranges do not overlap, they are merely close. MPEP 2144.05 I: Similarly, a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 783, 227 USPQ 773, 779 (Fed. Cir. 1985)
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1-3, 7-10, 12-14, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 10/608,289 B2) and further in view of Zeng et al. (US 2020/0161624 A1) and Zhang et al. (US 2020/0161639 A1).
Regarding claims 1 and 7, Kim et al. teach a positive electrode plate (Fig. 1, element 100; col. 7, lines 32-35 discloses an electrode, wherein the term “electrode” is a common name for a positive electrode or a negative electrode. Specifically, col. 7, lines 35-40 discloses a positive electrode.), comprising a positive electrode current collector (Fig. 1, element 110; col. 7, lines 35-60 disclose a positive electrode current collector.), a thermosensitive coating layer (Fig. 1, element 120; col. 11, lines 8-17 disclose a first mixture layer which contains a positive temperature coefficient (PTC) material.), a composite fusion layer (Col. 3, lines 55-62; Col. 7, lines 15-28; Col. 11, lines 20-33 teach apply the first layer and the second layer without intermediate drying therebetween the partially mixed layer can be formed to increase the binding force therebetween or it can be formed by mixing the first and second slurries of the first and second mixture layers to form a mixed layer which is equivalent to the claimed composite fusion layer.), and a positive electrode active material layer (Fig. 1, element 130; col. 11, lines 8-17 disclose a second mixture layer which comprises an electrode active material and may be a positive electrode active material.), wherein at least one set of the thermosensitive coating layer and the positive electrode active material layer is provided on a surface of the positive electrode current collector (Fig. 1 shows the first mixture layer, element 120, comprising the PTC material is provided on the surface of the positive electrode current collector, element 110.), and the composite fusion layer is provided between the thermosensitive coating layer and the positive electrode active material layer (Col. 3, lines 55-62; Col. 7, lines 15-28; Col. 11, lines 20-33 teach apply the first layer and the second layer without intermediate drying therebetween the partially mixed layer can be formed to increase the binding force therebetween or it can be formed by mixing the first and second slurries of the first and second mixture layers to form a mixed layer which is equivalent to the claimed composite fusion layer.);
the thermosensitive coating layer independently comprises components of the following weight percentages: 5-90 wt% of thermosensitive polymer microspheres (Col. 5, lines 9-10 disclose 1-60 wt.%), 2.9-40 wt% of a first conductive agent (Col. 5, lines 54-56 disclose 1 to 60 wt%.), a first binder (Col. 5, lines 28-30 disclose 1-60 wt.%.).
the positive electrode active material layer comprises a second positive electrode active material, a second conductive agent, and a second binder (Col. 7, lines 35-40 disclose the positive electrode mixture comprises the positive electrode active material, a conductive agent, and a binder.);
and the composite fusion layer comprises the thermosensitive polymer microspheres, the first conductive agent, the first binder, the auxiliary agent, the second positive electrode active material, the second conductive agent, the second binder, and the optional first positive electrode active material (Col. 3, lines 55-62; Col. 7, lines 15-28; Col. 11, lines 20-33 teach apply the first layer and the second layer without intermediate drying therebetween the partially mixed layer can be formed to increase the binding force therebetween or it can be formed by mixing the first and second slurries of the first and second mixture layers to form a mixed layer which is equivalent to the claimed composite fusion layer.).
Kim et al. do not disclose the thermosensitive coating layer comprises thermosensitive polymers that are microsphere shaped. However, this is merely an example of changes in shape. MPEP 2144.04 IV B: Changes in Shape In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
However, Kim et al. do not disclose wherein the thermosensitive coating layer also comprises 5-90 wt% of a first positive electrode active material and 0.1-5 wt% of an auxiliary agent, wherein the auxiliary agent comprises at least one of a dispersant or a filler, wherein the dispersant is at least one of branched chain alcohol, triethyl phosphate, polyethylene glycol, fluorinated polyethylene oxide, polyethylene oxide, stearic acid, sodium dodecyl benzene sulfonate, sodium hexadecyl sulfonate, fatty acid glycerides, sorbitan fatty acid esters, or polysorbates and the filler is selected from at least one of nano-silica, aluminum oxide, zirconium dioxide, boron nitride, or aluminum nitride.
Zeng et al. teach a positive electrode plate comprises a current collector, a positive active material layer and a safety coating (corresponding to the claimed thermosensitive coating layer) disposed between the current collector and the positive active material layer, and wherein the safety coating comprises a polymer matrix (corresponding to the thermosensitive polymer material), a conductive material and an inorganic filler (Abstract). Further, the polymer matrix can comprise polyethylene, polypropylene, ethylene-vinyl acetate copolymer (EVA), ethylene-acrylic acid copolymer, ethylene-methacrylic acid copolymer, polyamide, polystyrene, polyacrylonitrile, thermoplastic elastomer, epoxy resin, polyacetal, thermoplastic modified cellulose, polysulfone, polymethyl(meth) acrylate, a copolymer containing (meth)acrylate and the like (Paragraph 0025) at 35-75 wt% (Paragraph 0024). The conductive material is at a weight of 5 to 25 wt.% (Paragraph 0022). The inorganic filler can comprise aluminum oxide or zirconium oxide (Paragraph 0044). The polymer matrix in the safety coating is preferably subject to crosslinking treatment involving a crosslinking agent (Paragraphs 0034-0038). The crosslinking agent can comprise polyols such as polyethylene glycol and at a weight ratio of 0.01% to 5% (Paragraphs 0037-0038). In addition, the safety coating can also comprise a binder at less than 15% by weight (Paragraph 0027).
Therefore, it would have been obvious to one of ordinary skill in the art to modify Kim with Zeng in order to prevent the positive active material layer from cracking due to uneven stress.
However, neither Kim nor Zeng et al. disclose wherein the thermosensitive coating layer independently comprises 5-90 wt% of a first positive electrode active material layer.
Zhang teaches a positive electrode plate comprising a current collector and two layers of positive active material coated on the current collector, with the underlying positive active material layer (corresponding to the thermosensitive coating layer) having a positive temperature coefficient (PTC) effect (Abstract, “the positive electrode plate comprises a positive electrode current collector and at least two layers of positive active material coated on at least one surface of the positive electrode current collector) (Paragraph 0019, “the underlying positive active material layer has a positive temperature coefficient effect (i.e., a PTC effect)”]. Zhang teaches that the underlying layer comprises a first positive electrode active material [Paragraph 0021, “the underlying positive active material layer further comprises a first positive active material”].
Zhang teaches that including a first positive electrode active material in the underlying layer improves the function of the underlying layer as a safety coating by hindering adverse effects of a solvent in the upper positive active material layer, ensuring the underlying layer is not easily deformed during a compaction process of the electrode plate, and improving the response speed and PTC effect of the underlying layer [Paragraph 0021, “In addition, the underlying positive active material layer further comprises a first positive active material, which can stabilize and improve the technical effect of the underlying positive active material layer as a binder layer and a PTC safety coating from the following three aspects”, paragraph 0022].
Zhang teaches that the underlying layer comprises the first positive active material in an amount of 10 wt% to 60 wt%, which overlaps with the range claimed [Paragraph 0060, “the content A% of the first positive active material generally satisfies 10 wt %≤A%≤60 wt %”]. Zhang also teaches that the underlying layer comprises a first conductive material in an amount of 5 wt% to 25 wt%, which is also within the range claimed [Paragraph 0069, “the content C% of the first conductive material generally satisfies 5 wt %≤C%≤25 wt %”].
Zhang teaches that when the content of the first positive active material is too small, the underlying layer is not stabilized, but if the content is too large, the PTC properties of the underlying layer are affected [Paragraph 0060]. Zhang also teaches that by controlling the content of first conductive material in the underlying layer, the safety performance of the underlying layer can be even further optimized [Paragraph 0067].
Therefore, it would have been obvious to a person having ordinary skill in the art to have modified Kim and Zeng to include the first positive active material and the first conductive material in the amounts taught by Zhang in order to keep the safety coating stabilized and to optimize the safety performance of the safety coating.
Regarding claim 2, the combination of Kim, Zeng, and Zhang et al. teach the positive electrode plate according to claim 1. Further, Kim et al. teach wherein one set of the thermosensitive coating layer and the positive electrode active material layer is provided on the surface of the positive electrode current collector, and the thermosensitive coating layer and the positive electrode active material layer are provided on the surface of the positive electrode current collector in one of the following sequences: (1) the positive electrode current collector, the thermosensitive coating layer, and the positive electrode active material layer (Fig. 1 discloses, in order, the positive electrode current collector, element 110, followed by the first slurry comprising the PTC material, element 120, following by the second slurry comprising the positive electrode active material, element 130.); (2) the positive electrode current collector, the thermosensitive coating layer, the positive electrode active material layer, and the thermosensitive coating layer; (3) the positive electrode current collector, the positive electrode active material layer, and the thermosensitive coating layer; and (4) the positive electrode current collector, the positive electrode active material layer, the thermosensitive coating layer, and the positive electrode active material layer.
Regarding claim 3, the combination of Kim, Zeng, and Zhang et al. teach the positive electrode plate according to claim 1. Further, Kim et al. teach wherein N thermosensitive coating layers and M positive electrode active material layers are successively and alternately provided on the surface of the positive electrode current collector, and P composite fusion layers are provided, and wherein P=N+M-1 (Fig. 1 shows N=1, M=1 which would yield P=1 being that Col. 3, lines 55-62; Col. 7, lines 15-28; Col. 11, lines 20-33 teach applying the first layer and the second layer without intermediate drying therebetween the partially mixed layer can be formed to increase the binding force therebetween or it can be formed by mixing the first and second slurries of the first and second mixture layers to form a mixed layer which is equivalent to the claimed composite fusion layer.).
Regarding claim 8, the combination of Kim, Zeng, and Zhang et al. teach the positive electrode plate according to claim 1. Further, Kim et al. teach the second slurry including positive electrode material, 1-30 wt% of conductive material and 1-30 wt% of binder material leaving up to 98 wt% of the positive electrode material (Col. 7, line 40 – Col. 8, line 48).
Regarding claim 9, the combination of Kim, Zeng, and Zhang et al. teach the positive electrode plate according to claim 1. Further, Kim et al. teach wherein a thickness of the thermosensitive coating layer ranges from 0.1 µm to 5 µm (Col. 6, lines 10-20 disclose the first slurry can have a thickness of 0.4-3 µm.).
Regarding claim 10, the combination of Kim, Zeng, and Zhang et al. teach the positive electrode plate according to claim 1. Further, Kim et al. teach wherein a thickness of the current collector ranges from 0.1 µm to 20 µm (Col. 7, lines 40-43 disclose the current collector to have a thickness of 3 to 300 µm.); and/or a thickness of the composite fusion layer ranges from 0.001 µm to 0.5 µm; and/or a thickness of the positive electrode active material layer ranges from 5 µm to 175 µm (Col. 6, lines 11-20 disclose the positive electrode active material has a thickness of 5 to 300 µm.); and/or a thickness of the positive electrode plate ranges from 50 µm to 200 µm.
Regarding claim 12, the combination of Kim, Zeng, and Zhang et al. teach the positive electrode plate according to claim 1. Further, Kim et al. teach wherein a thermosensitive temperature of the thermosensitive polymer microspheres ranges from 115 C to 160°C (Col. 5, lines 26-27; Col. 11, lines 55-58 disclose an effective operating temperature of 80-140/150°C.).
Regarding claims 13 and 14, the combination of Kim, Zeng, and Zhang et al. teach the positive electrode plate according to claim 1. Further, Kim et al. teach wherein the thermosensitive polymer microspheres are selected from at least one of polyethylene, polypropylene, polyamide,polyester amide, polystyrene, polyvinyl chloride, polyester, polyurethane, olefin copolymer, or a monomer-modified copolymerized polymer thereof; wherein the thermosensitive polymer microspheres are selected from at least one of polyethylene, polypropylene, a propylene- ethylene-acrylate copolymer with a mole ratio between propylene and ethylene/acrylate being (10- 1):1, an ethylene-acrylate copolymer with a mole ratio between ethylene and propylene being (10- 1):1, an ethylene-acrylate copolymer with a mole ratio between ethylene and acrylate being (10- 1):1, and an ethylene-vinyl acetate copolymer with a mole ratio between ethylene and vinyl acetate being (10-1):1 (Col. 4, line 44- Col. 5, line 4 disclose PTC material to include polyethylene, polypropylene, polyvinyl chloride, polystyrene, etc.).
Regarding claim 16, the combination of Kim, Zeng, and Zhang et al. teach the positive electrode plate according to claim 1. Further, Kim et al. teach wherein in the thermosensitive coating layer, a sum of volumes of the thermosensitive polymer microspheres accounts for 1.1% to 95% of a total volume of the thermosensitive coating layer (Col. 5, lines 5-16 disclose the PTC material to be included from 1-60 wt.%.).
Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 10/608,289 B2), Zeng et al. (US 2020/0161624 A1) and Zhang et al. (US 2020/0161639 A1) as applied to claim 1 above, and further in view of Fan et al. (US 9,627,722 B2)
Regarding claims 4 and 5, the combination of Kim, Zeng, and Zhang et al. et al. teach the positive electrode plate according to claim 1. Further, Kim et al. teach wherein N thermosensitive coating layers and M positive electrode active material layers are successively and alternately provided on the surface of the positive electrode current collector, and P composite fusion layers are provided, and wherein P=N+M-1 (Fig. 1 shows N=1, M=1 which would yield P=1 being that Col. 3, lines 55-62; Col. 7, lines 15-28; Col. 11, lines 20-33 teach applying the first layer and the second layer without intermediate drying therebetween the partially mixed layer can be formed to increase the binding force therebetween or it can be formed by mixing the first and second slurries of the first and second mixture layers to form a mixed layer which is equivalent to the claimed composite fusion layer.). However, Kim et al. do not teach N≥2, N+1≥M≥N-1, M≥2 or a sequence of layering multiple thermosensitive coating and positive electrode active material layers.
Fan et al. teach an electrode comprising two PTC films (N=2) (Fig. 2, element 12) and two electrode active materials (M=2) (Fig. 2, element 13). Therefore, N+1≥M≥N-1 yields 3>2>1. Further, the sequence of layering is (1) the positive electrode current collector (Fig. 2, element 11), the thermosensitive coating layer (Fig. 2, element 12), the positive electrode active material layer (Fig. 2, element 13), ..., the thermosensitive coating layer (Fig. 2, element 12), and the positive electrode active material layer (Fig. 2, element 13).
Therefore, it would have been obvious to one of ordinary skill in the art to increase the number of PTC and electrode active layers of Kim as disclosed in Fan in order to improve capacity.
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 10/608,289 B2), Zeng et al. (US 2020/0161624 A1) and Zhang et al. (US 2020/0161639 A1) as applied to claim 1 above, and further in view of Haba et al. (US 2017/0331146 A1).
Regarding claim 11, the combination of Kim, Zeng, and Zhang et al. teach the positive electrode plate according to claim 1. However, they do not teach wherein a particle size of the thermosensitive polymer microspheres ranges from 100 nm to 3 µm.
Haba et al. teach a PTC layer including polymer particles of from 0.05-5 µm (Paragraph 0013-0020).
Therefore, it would have been obvious to one skilled in the art to have modified Kim, zeng, and Zhang et al. with a PTC layer to include the polymer in particle size of from 0.05-5 microns as evidenced by Haba et al. (2017/0331146) with the expectation of preventing short-circuiting of the device due to overloaded current.
Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al. (US 10/608,289 B2), Zeng et al. (US 2020/0161624 A1) and Zhang et al. (US 2020/0161639 A1) as applied to claim 1 above, and further in view of Chu et al. (US 5,451,919 A).
Regarding claim 15, the combination of Kim, Zeng, and Zhang et al. teach the positive electrode plate according to claim 1. However, they do not teach wherein a resistance of the positive electrode plate is less than 10 Ω.
Chu et al. teach an electrical device comprising a conductive polymer which has a resistivity of less than 10 ohms/cm which is used as a PTC material for circuit protective devices to prevent short circuiting and failures due to currents (Abstract; Col. 1, lines 30-65).
Therefore, it would have been obvious for one skilled in the art to have modified Kim, Zeng, and Zhang et al. with a positive electrode sheet to have a resistance of less than 10 ohms/cm as evidenced by Chu et al. with the expectation of protection of over-charging or over-discharging as well as short circuiting as the materials are similar to those taught in Kim et al.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL S GATEWOOD whose telephone number is (571)270-7958. The examiner can normally be reached M-F 8:00-5:30.
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Daniel S. Gatewood, Ph.D.
Primary Examiner
Art Unit 1729
/DANIEL S GATEWOOD, Ph. D/Primary Examiner, Art Unit 1729 December 18th, 2025
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