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 pending claims are claims 1-20.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-3, 7, 10, 15, 16, 18, 19 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Tokuoka et al., US 20060062717.
Regarding claim 1, Tokuoka et al., teaches a method of manufacturing a negative electrode (0021-0023), comprising: preparing a powder mixture (abstract; 0012-0013) comprising a plate-type 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) by processing the powder mixture (0012-0013); preparing a graphite film (“scale-shaped graphite”) (0021) (0012-0013; 0050) in which graphite is oriented in a thickness direction by processing the graphite granule (0012-0014);
laminating the graphite film on at least one surface of a negative electrode substrate (0068).
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) 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) having a particle size in a range of about 15 um (0064), and the binder comprises polyvinylidene fluoride (PVDF) (0036; 0065).
Regarding claim 7, Tokuoka et al., 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-type graphite is oriented in a direction parallel to a pressing direction (0344; 0384).
Regarding claim 10, Tokuoka et al., teaches wherein the graphite film (0245-0254) is laminated (0013; 0054) on the at least one surface of the negative electrode substrate (0110; 0234): preparing a negative electrode substrate (0181; 0338); placing the graphite film on one surface or both surfaces of the negative electrode substrate (0070; 0318) and passing the negative electrode substrate between a pair of pressing rollers (0069; 0090) so that heat (0341) and pressure are applied to the negative electrode substrate (0345), thereby laminating the graphite film (0338) in which graphite is oriented in a direction parallel to a pressing direction (0027; 0195-0196) on the one surface or both surfaces of the negative electrode substrate (0012); and cutting the negative electrode substrate laminated with the graphite film into fragments having a predetermined length (0423; 0443).
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 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).
Thus, the claims are anticipated.
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) 6, 14, 20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tokuoka et al., US 20060062717.
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 14, Tokuoka et al., teaches wherein the graphite film and the negative electrode substrate are pressed (0027) between the pair of pressing rollers (0063) at a temperature in a range of about 60 0C to 150 0C (120 C) (0075).
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 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.
Claim(s) 4, 5, 8, 9, 11-13, 17 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 4, Tokuoka et al., teaches wherein the graphite granule is prepared by: preparing a pre-graphite film (0045) in which the plate-type graphite (“scale-shaped graphite”) (0021) (0012-0013; 0050) is oriented in one direction perpendicular to a pressing direction (0007; 0055) by passing the prepared powder mixture between a pair of pressing rollers so that heat (0027) and pressure are applied to the powder mixture (0027).
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 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 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., teaches wherein the negative electrode substrate is pressed (0027) between the pair of pressing rollers (0063).
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 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).
Conclusion
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ANGELA J. MARTIN
Examiner
Art Unit 1727
/ANGELA J MARTIN/Examiner, Art Unit 1727