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 dependent claims 4 and 7. The pending claims are claims 1-20.
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) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tokuoka et al., US 20060062717, in view of Hirano et al., US 2023/0357022.
. Regarding claim 1, Tokuoka et al., teaches a method of manufacturing a negative electrode (0021-0023), comprising: preparing a powder mixture (abstract; 0012-0013) (compression-0053) comprising a plate-shaped graphite (0007; 0027) and a binder (0007; 0010; 0033); preparing a graphite granule (abstract; 0012-0014) in which graphite is oriented in one direction (abstract; 0014); preparing a graphite film (“scale-shaped graphite”) (0021) (0012-0013; 0050) in which graphite is oriented in a thickness direction by pressing the graphite granule (0012-0014);
laminating the graphite film on at least one surface of a negative electrode substrate (0068).
Tokuoka does not teach pressing the powder mixture and the graphite granule.
Hirano teaches pressing (via compressing; 0046; 0069).
Thus, it would have been obvious to one of ordinary skill in the art to insert the teachings of Hirano into the teachings of Tokuoka because Hirano teaches a manufacturing method for graphite to have a “press step of compressing” the graphite film (0069).
Regarding claim 2, Tokuoka et al., teaches wherein the powder mixture (abstract; 0011-0013) comprises the plate-shaped graphite (“scale-shaped graphite”; 0009; 0021; 0062) (Fig. 1-2) and Tokuoka teaches the binder (2 % by weight) (0053; 0063) and a weight ratio in a range of about 98:2 (0053; 0063).
Regarding claim 3, Tokuoka et al., teaches wherein the powder mixture comprises the plate- shaped graphite (“scale-shaped graphite”; 0009; 0021; 0062) (Fig. 1-2) having a particle size in a range of about 15 um (0064), and the binder comprises polyvinylidene fluoride (PVDF) (0036; 0065).
Regarding claim 4, Tokuoka et al., teaches wherein the graphite granule is prepared by: preparing a pre-graphite film (0045) in which the plate-shaped graphite (“scale-shaped graphite”) (0021) (0012-0013; 0050) is oriented in one direction perpendicular to a pressing direction (0007; 0055).
Tokuoka does not teach pressing by passing the prepared powder mixture between a pair of pressing rollers so that heat and pressure are applied to the powder mixture).
Hirano teaches pressing by passing the powder mixture and pressure applied to the powder (“press step of compressing or rolling the graphitized film” (0069)).
Thus, it would have been obvious to one of ordinary skill in the art to insert the teachings of Hirano into the teachings of Tokuoka because Hirano teaches a manufacturing method for graphite to have a “press step of compressing” the graphite film (0069).
Tokuoka does not teach cutting the pre-graphite film in a thickness direction into fragments having a predetermined width.
Hirano teaches cutting the pre-graphite film (0016) in a thickness direction into fragments having a predetermined width (0423; 0443).
Thus, it would have been obvious to one having ordinary skill in the art to insert the teachings of Hirano into the teachings of Tokuoka because Hirano teaches the method
of cutting the film “ during processing such as cutting out the film-like graphite into a desired size for a device such as a smartphone or bonding the film-like graphite to an adhesive.” (0016).
Regarding claim 5, Tokuoka does not teach wherein in the preparing of the graphite granule, the pre-graphite film is pressed to have a thickness in a range of about 100 um to 1000 um and the pre-graphite film is cut into fragments having a length that is equal to or less than the thickness of the pre-graphite film.
Hirano et al., teaches wherein in the preparing of the graphite granule (0011-0025), the pre-graphite film is pressed to have a thickness in a range of about 100 um to 1000 um (0636), and the pre-graphite film is cut into fragments (0016; 0423; 0443) having a length that is equal to or less than the thickness of the pre-graphite film (0576; 0627).
Thus, it would have been obvious to one of ordinary skill in the art to insert the teachings of Hirano into the teachings of Tokuoka because “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
Regarding claim 6, Tokuoka et al., teaches wherein the powder mixture is pressed (“pulverized”) (0050) at a temperature in a range of about 60 deg C to 150 deg (120 deg C) (0075).
Tokuoka does not teach a pressure in a range of about 0.1 ton/cm to 5 ton/cm.
Tokuoka teaches the method of pressing the powder in the claimed temperature range, therefore, the pressure range in Tokuoka would be within the claimed pressure range.
“[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
Regarding claim 7, Tokuoka et al., does not teach wherein in the preparing of the graphite film, the graphite granule is passed between a pair of pressing rollers so that heat and pressure are applied to the graphite granule, such that the plate-shaped graphite is oriented in a direction parallel to a pressing direction.
Hirano teaches wherein in the preparing of the graphite film, the graphite granule is passed between a pair of pressing rollers (0069; 0090; 0262) so that heat (0054; 0059) and pressure (0012; 0326) are applied to the graphite granule, such that the plate-shaped graphite is oriented in a direction parallel to a pressing direction (0344; 0384).
Thus, it would have been obvious to one of ordinary skill in the art to insert the teacings of Hirano into the teachings of Tokuoka because Hirano teaches “it is possible to provide the film-like graphite that is thick, has a high thermal conductivity, is excellent in a heat dissipation performance, and furthermore is excellent in flexibility, with low-cost manufacturing, and the manufacturing method of the film-like graphite.” (0264).
Regarding claim 8, Tokuoka et al., does not teach wherein in the preparing of the graphite film, the graphite film has a thickness in a range of about 50 um to 200 um.
Hirano teaches film-like graphite having a thickness of 20um to 550 um (0256).
Thus, it would have been obvious to one of ordinary skill in the art to insert the teachings of Hirano into the teachings of Tokuoka because Hirano teaches “it is possible to provide the film-like graphite that is thick, has a high thermal conductivity, is excellent in a heat dissipation performance, and furthermore is excellent in flexibility, with low-cost manufacturing, and the manufacturing method of the film-like graphite.” (0264).
Regarding claim 9, Tokuoka et al., does not teach wherein in the preparing of the graphite film, the graphite granule is pressed at a temperature in a range of about 60 0C to 150 0C and does not teach a pressure in a range of about 0.5 ton/cm to 7 ton/cm.
Hirano teaches graphite in the preparing of the graphite film, the graphite granule is pressed (0344) at a temperature in a range of about 60 deg C or higher (0055); 100 deg C or higher (0064).
Thus, it would have been obvious to one of ordinary skill in the art to insert the teachings of Hirano into the teachings of Tokuoka because Hirano teaches “it is possible to provide the film-like graphite that is thick, has a high thermal conductivity, is excellent in a heat dissipation performance, and furthermore is excellent in flexibility, with low-cost manufacturing, and the manufacturing method of the film-like graphite.” (0264).
Regarding claim 10, Tokuoka et al., does not teach wherein the graphite film is laminated on the at least one surface of the negative electrode substrate: preparing a negative electrode substrate; placing the graphite film on one surface or both surfaces of the negative electrode substrate and passing the negative electrode substrate between a pair of pressing rollers so that heat and pressure are applied to the negative electrode substrate thereby laminating the graphite film in which graphite is oriented in a direction parallel to a pressing direction on the one surface or both surfaces of the negative electrode substrate; and cutting the negative electrode substrate laminated with the graphite film into fragments having a predetermined length.
Hirano teaches the graphite film is laminated on the at least one surface of the negative electrode substrate (0012-0015; 0181; 0318): preparing a negative electrode substrate (0012-0015; 0181; 0318) ; placing the graphite film on one surface or both surfaces of the negative electrode substrate (0011-0025) and passing the negative electrode substrate between a pair of pressing rollers (“compressing or rolling”; 0262) so that heat (0054; 0086-0088) and pressure (0098) are applied to the negative electrode substrate thereby laminating the graphite film (0012-0015; 0181) in which graphite is oriented in a direction parallel (0093; 0374) to a pressing direction on the one surface or both surfaces of the negative electrode substrate (0062; 0098); and cutting the negative electrode substrate laminated with the graphite film into fragments having a predetermined length (0443-0445; 0470).
Regarding claim 11, Tokuoka et al., teaches wherein the negative electrode substrate (0031-0033) is prepared by: providing a foil-shaped negative electrode substrate (0031) comprising a conductive material (0044).
Tokuoka does not teach treating the negative electrode substrate to improve adhesion of the surface of the negative electrode substrate.
Hirano teaches surface of the negative electrode substrate (0070; 0181) is treated by coating with a primer or by applying plasma (adhesive) (0338) on the surface of the negative electrode substrate (0338) to improve adhesion of the surface of the negative electrode substrate (0318).
Regarding claim 12, Tokuoka et al., does not teach wherein the surface of the negative electrode substrate is treated by coating with a primer or by applying plasma on the surface of the negative electrode substrate to improve adhesion of the surface of the negative electrode substrate.
Hirano teaches surface of the negative electrode substrate (0070; 0181) is treated by coating with a primer or by applying plasma (adhesive) (0338) on the surface of the negative electrode substrate (0338) to improve adhesion of the surface of the negative electrode substrate (0318).
Thus, it would have been obvious to one of ordinary skill in the art to insert the teachings of Hirano into the teachings of Tokuoka because Hirano teaches “it is possible to provide the film-like graphite that is thick, has a high thermal conductivity, is excellent in a heat dissipation performance, and furthermore is excellent in flexibility,
with low-cost manufacturing, and the manufacturing method of the film-like graphite.” (0264).
Regarding claim 13, Tokuoka et al., does not teach wherein the negative electrode substrate is pressed between the pair of pressing rollers.
Hirano teaches pressing (via compressing; 0046; 0069).
Thus, it would have been obvious to one of ordinary skill in the art to insert the teachings of Hirano into the teachings of Tokuoka because Hirano teaches a manufacturing method for graphite to have a “press step of compressing” the graphite film (0069).
Tokuoka does not teach the total thickness of the negative electrode substrate and the graphite film laminated on the negative electrode substrate is in a range of about 120 um to 420 um.
However, Hirano teaches film-like graphite having a thickness of 20um to 550 um (0256).
Thus, it would have been obvious to one of ordinary skill in the art to insert the teachings of Hirano into the teachings of Tokuoka because Hirano teaches “it is possible to provide the film-like graphite that is thick, has a high thermal conductivity, is excellent in a heat dissipation performance, and furthermore is excellent in flexibility, with low-cost manufacturing, and the manufacturing method of the film-like graphite.” (0264).
Regarding claim 14, Tokuoka et al., does not teach wherein the graphite film and the negative electrode substrate are pressed between the pair of pressing rollers at a temperature in a range of about 60 0C to 150 0C .
Hirano teaches pressing graphite film (via compressing; 0046; 0069).
Thus, it would have been obvious to one of ordinary skill in the art to insert the teachings of Hirano into the teachings of Tokuoka because Hirano teaches a manufacturing method for graphite to have a “press step of compressing” the graphite film (0069).
Tokuoka does not teach a pressure in a range of about 0.5 ton/cm to 1 ton/cm.
However, “[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.”
See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
Regarding claim 15, Tokuoka et al., teaches negative electrode for a secondary battery (0018; 0026), comprising: a negative electrode substrate (abstract; 0013); and a graphite layer that is laminated on at least one surface of both sides of the negative electrode substrate (0068) and in which plate-shaped graphite (“scale-shaped graphite”) (0021) (0012-0013; 0050) is oriented in one direction perpendicular to the surface of the negative electrode substrate (0033).
Regarding claim 16, Tokuoka et al., teaches wherein the graphite layer comprises the plate- shaped graphite (“scale-shaped graphite”; 0009; 0021; 0062) and a binder at 2 % by weight (0053; 0063) and a weight ratio in a range of about 98:2 (0053; 0063).
Regarding claim 17, Tokuoka et al., does not teach wherein the negative electrode has a thickness in a range of about 120 um to 420 um.
However, Hirano teaches film-like graphite having a thickness of 20um to 550 um (0256).
Thus, it would have been obvious to one of ordinary skill in the art to insert the teachings of Hirano into the teachings of Tokuoka because Hiaron teaches “it is possible to provide the film-like graphite that is thick, has a high thermal conductivity, is
excellent in a heat dissipation performance, and furthermore is excellent in flexibility, with low-cost manufacturing, and the manufacturing method of the film-like graphite.” (0264).
Regarding claim 18, Tokuoka et al., teaches lithium secondary battery (0018; 0026) comprising a positive electrode (0026), a negative electrode (0026), a separator (0026), and an electrolyte (abstract; 0013), wherein the negative electrode (0013) comprises: a
negative electrode substrate (0013-0014); and a graphite layer that is laminated on at least one surface of both sides of the negative electrode substrate (0068) and in which plate-shaped graphite (“scale-shaped graphite”; 0009; 0021; 0062) is oriented in one direction that is perpendicular to the surface of the negative electrode substrate (0033).
Regarding claim 19, Tokuoka et al., teaches wherein in the graphite layer 0007; 0027), the plate- shaped graphite (“scale-shaped graphite”) (0021) (0012-0013; 0050) and a
binder (0032-0033) are mixed in a weight ratio in a range of about 2 % by weight (0053; 0063) and a weight ratio in a range of about 98:2 (0053; 0063).
Regarding claim 20, Tokuoka et al., teaches a lithium secondary battery of claim 18 (0018; 0026).
Tokuoka does not teach a vehicle. However, it is well-known in the art that lithium ion batteries are used in vehicles as a power source.
Response to Arguments
Applicant's arguments filed 4/13/2026 have been fully considered but they are not persuasive. The Applicant argues that Tokuoka teaches “the negative electrode active material is composed of graphite powder that is spheroidized by grinding natural graphite grains…These spherical particles are not “plate-shaped.”
However, “plate-shape” is defined as “a smooth flat thin piece of material” (Merriam-Webster Dictionary), so Tokuoka reads on plate-shaped graphite powder (“powdered graphite”; abstract).
The Applicant argues that “One skilled in the art would readily appreciate that orienting graphite grains in a magnetic field is different from orienting the graphite grains by pressing. Furthermore, the graphite grains oriented by the magnetic field are not plate-shaped. Accordingly, Tokuoka further fails to teach or suggest "preparing a graphite granule in which graphite is oriented in one direction by pressing the powder mixture" and "preparing a graphite film in which graphite is oriented in a thickness direction by pressing the graphite granule", as recited in amended claim 1.”
Regarding the graphite oriented in a thickness direction by pressing the graphite granule and graphite oriented in one direction by pressing the powder mixture, When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § 2112- 2112.02. The Courts have held that if the prior art structure is capable of performing the intended use, then it meets the claim. See In re Casey, 152 USPQ 235 (CCPA 1967); and In re Otto, 136 USPQ 458, 459 (CCPA 1963). The Courts have held that it is well settled that the recitation of a new intended use, for an old product, does not make a claim to that old product patentable. See In re Schreiber, 128 F.3d 1473, 1477, 44 USPQ2d 1429, 1431 (Fed. Cir. 1997) (see MPEP § 2114).
The Applicant argues that “Tokuoka fails to teach or suggest “laminating the graphite film on at least one surface of a negative electrode substrate.””
However, the secondary reference, Hirano et al., teaches laminating the graphite film on surface of negative electrode (0013; 0198; 0338).
Conclusion
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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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