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 .
Summary
Since the Office Action mailed on 21 April 2026, claims 1 and 19 were amended, claim 14 is cancelled, and claims 20-21 are new to the list of claims. Claims 1-13 and 15-21 remain in the application to be further examined.
The 103 rejections are maintained in this Office Action, and applicant remarks are fully considered and responded to.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim Rejections - 35 USC § 103
Claims 1-13 and 15-18 are rejected under 35 U.S.C. 103 as being unpatentable over Hirai et al (US 2019/0221880 A1) in view of Lee et al (KR 2011/0024114 A). These prior art references cited as Hirai and Lee in this Office Action hereinafter.
Regarding claim 1, Hirai discloses a secondary battery (10 Fig. 1; “a stacked type battery 10” [0027]), comprising:
at least one battery cell assembly (19 Fig. 1; “one single cell layer 19” [0027]) comprising:
a positive electrode plate (“positive electrode” [0027]),
a negative electrode plate (“negative electrode” [0027]), wherein the positive electrode plate and the negative electrode plate each comprise a current collector and an active material layer disposed on the current collector (“The positive electrode has a structure in which a positive electrode active material layer 15 is disposed on both sides of a positive electrode current collector 12 . The negative electrode has a structure in which a negative electrode active material layer 13 is disposed on both sides of a negative electrode current collector 11 .” [0027]), and
a separator disposed between the positive electrode plate and the negative electrode plate (“a positive electrode , a separator 17 , and a negative electrode are layered” [0027]),
wherein an elongation rate of the separator is greater than 100% (“the nonaqueous electrolyte secondary battery according to the present aspect is characterized in that there is at least one direction ( hereinafter also simply referred to as the " particular direction ” ) satisfying the following conditions in the plane direction of the separator” [0076] … “( 2 ) the tensile elongation at break at normal temperature is 100 % or more” [0078]), the elongation rate of the separator comprises at least one of an elongation rate in a length direction or an elongation rate in a width direction (“in the plane direction of the separator” [0076]), and wherein a ratio of the elongation rate of the separator to a thickness of the active material layer of at least one of the positive electrode plate or negative electrode plate is 3.0%/µm to 8.0%/µm (“fabricating a positive electrode in which the one side coating thickness of the positive electrode active material layer was 65 µm” [0167] and “fabricating a negative electrode having a one side coating thickness of 65 µm” [0169], which both positive electrode active material layer and negative electrode active material layer has a total thickness of 130 µm in the batteries constructed in the examples of the disclosed invention. Furthermore, the disclosed separator tensile elongation rate for examples 1-5 shown in Table 1 was measured to be 450%. This yields a ratio of 3.5%/ µm.).
Hirai does not disclose wherein the elongation rate of each of the current collector of the positive electrode plate and the current collector of the negative electrode plate is less than 3%; and
wherein a ratio of the elongation rate of the separator to an elongation rate of the current collector of at least one of the positive electrode plate or negative electrode plate is greater than or equal to 60.
In regards to the above limitation that Hirai does not disclose, an elongation rate of the current collector of at least one of the positive electrode plate or negative electrode plate is required to be less than or equal to 450%/60 = 7.5%.
However, Lee discloses a secondary battery (“the lithium secondary battery” [0063]) that comprises a positive electrode plate (“the positive electrode” [0063]), a negative electrode plate (“the negative electrode” [0063]) and a separator (“and the separator” [0063]), wherein the positive electrode plate and the negative electrode plate each comprise a current collector and an active material layer disposed on the current collector ([0017]-[0018]).
Lee teaches wherein the elongation rate of each of the current collector of the positive electrode plate and the current collector of the negative electrode plate is less than 3% (“an elongation (x) of the positive electrode current collector is 2.5% or less” [0021], which is a disclosed elongation range that is encompassed by the claimed elongation range, and “an elongation (y) of the negative electrode current collector is 7.5% or less” [0022], which is a disclosed elongation range that overlaps with the claimed elongation range, which MPEP 2144.05-Section I states “In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)” and “"[A] prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness." In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003). See also In re Harris, 409 F.3d 1339, 74 USPQ2d 1951 (Fed. Cir. 2005)”.); and
an elongation rate of the current collector of at least one of the positive electrode plate of negative electrode plate is less than or equal to 7.5% ([0021]-[0022]).
Lee further teaches that maintaining this elongation rate in the current collector has an effect in improving the safety of the secondary battery by preventing direct contact between the positive electrode and the negative electrode current collector when an internal short circuit occurs by using a separator having a higher elongation than the current collector ([0030]).
Therefore, it would have been obvious for a person of ordinary skill in the art to replace each of the current collector of the positive electrode plate and the current collector of the negative electrode plate of Hirai with the current collector of the positive electrode and with the current collector of the negative electrode plate of Lee, wherein the elongation rate of each of the current collector of the positive electrode plate and the current collector of the negative electrode plate is less than 3%; and
wherein an elongation rate of the current collector of at least one of the positive electrode plate of negative electrode plate is less than or equal to 7.5% and thereby wherein a ratio of the elongation rate of the separator to an elongation rate of the current collector of at least one of the positive electrode plate or negative electrode plate is greater than or equal to 60, in order to achieve an effect in improving the safety of the secondary battery that comprises a separator having a higher elongation than the current collector by preventing direct contact between the positive electrode and the negative electrode current collector when an internal short circuit occurs.
Regarding claim 2, modified Hirai discloses the secondary battery with all the features set forth in claim 1 above, and wherein, when the secondary battery comprises a plurality of stacked battery cell assemblies, at least an elongation rate of a separator in an outermost battery cell assembly in the secondary battery is greater than 100% (Hirai “the nonaqueous electrolyte secondary battery according to the present aspect is characterized in that there is at least one direction ( hereinafter also simply referred to as the " particular direction ” ) satisfying the following conditions in the plane direction of the separator” [0076] … “( 2 ) the tensile elongation at break at normal temperature is 100 % or more” [0078]), the elongation rate of the separator comprises at least one of an elongation rate in a length direction or an elongation rate in a width direction (“in the plane direction of the separator” [0076] and “The power generating element 57 is formed by stacking a plurality of single cell layers ( single cells ) 19 composed of the positive electrode ( positive electrode active material layer ) 15 , the electrolyte layer 17 , and the negative electrode ( negative electrode active material layer ) 13 .” [0111] where [0071] discloses that “electrolyte layer” and “separator” are used interchangeably), wherein, a ratio of the elongation rate of the separator to a thickness of an active material layer of at least one of the positive electrode plate or negative electrode plate is 3.0%/µm to 8.0%/µm (Hirai “fabricating a positive electrode in which the one side coating thickness of the positive electrode active material layer was 65 µm” [0167] and “fabricating a negative electrode having a one side coating thickness of 65 µm” [0169], which both positive electrode active material layer and negative electrode active material layer has a total thickness of 130 µm in the batteries constructed in the examples of the disclosed invention. Furthermore, the disclosed separator tensile elongation rate for examples 1-5 shown in Table 1 was measured to be 450%. This yields a ratio of 3.5%/ µm.), and wherein, a ratio of the elongation rate of the separator to an elongation rate of a current collector of at least one of the positive electrode plate or negative electrode plate is greater than or equal to 60 (Lee [0022]-[0023] where a 7.5% or less than 7.5% elongation rate is required of either of the current collectors in the battery of Hirai).
Regarding claim 3, modified Hirai discloses the secondary battery with all the features set forth in claim 2 above, and wherein an elongation rate of a separator in each of the at least one battery cell assemblies is greater than 100% (Hirai “the nonaqueous electrolyte secondary battery according to the present aspect is characterized in that there is at least one direction ( hereinafter also simply referred to as the " particular direction ” ) satisfying the following conditions in the plane direction of the separator” [0076] … “( 2 ) the tensile elongation at break at normal temperature is 100 % or more” [0078]), the elongation rate of the separator comprises at least one of an elongation rate in a length direction or an elongation rate in a width direction (“in the plane direction of the separator” [0076] and “The power generating element 57 is formed by stacking a plurality of single cell layers ( single cells ) 19 composed of the positive electrode ( positive electrode active material layer ) 15 , the electrolyte layer 17 , and the negative electrode ( negative electrode active material layer ) 13 .” [0111] where [0071] discloses that “electrolyte layer” and “separator” are used interchangeably), wherein the ratio of the elongation rate of the separator to the thickness of the active material layer of at least one of the positive electrode plate or negative electrode plate is 3.0%/µm to 8.0%/µm (Hirai “fabricating a positive electrode in which the one side coating thickness of the positive electrode active material layer was 65 µm” [0167] and “fabricating a negative electrode having a one side coating thickness of 65 µm” [0169], which both positive electrode active material layer and negative electrode active material layer has a total thickness of 130 µm in the batteries constructed in the examples of the disclosed invention. Furthermore, the disclosed separator tensile elongation rate for examples 1-5 shown in Table 1 was measured to be 450%. This yields a ratio of 3.5%/ µm.), and wherein the ratio of the elongation rate of the separator to the elongation rate of the current collector of at least one of the positive electrode plate or the negative electrode plate is greater than or equal to 60 (Lee [0022]-[0023] where a 7.5% or less than 7.5% elongation rate is required of either of the current collectors in the battery of Hirai).
Regarding claim 4, modified Hirai discloses the secondary battery with all the features set forth in claim 1 above, and wherein the ratio of the elongation rate of the separator to the thickness of the active material layer is 4.0%/µm to 6.0%/µm (the disclosed separator tensile elongation rate for examples 6-8 of Hirai shown in Table 2 was measured to be 920%, 770%, and 580%, respectively, while the “lithium ion secondary battery was fabricated by the same method as in Example 3” [0184]-[0186], which “A lithium ion secondary battery was fabricated by the same method as in Example 1” [0175] disclosed for Example 3, and utilizes the total active material layer thickness of 130 µm. Therefore, Hirai discloses ratios of the elongation rate of the separator to the thickness of the active material layer of 7.1%, 5.9%, and 4.5% where examples 7 and 8 of Hirai discloses ratios that are within the claimed ratio range.).
Regarding claim 5, modified Hirai discloses the secondary battery with all the features set forth in claim 1 above, and wherein the ratio of the elongation rate of the separator to the elongation rate of the current collector is greater than or equal to 70 (Lee [0022]-[0023] where a 6.4% or less than 6.4% elongation rate is required of either of the current collectors in the battery of Hirai).
Regarding claim 6, modified Hirai discloses the secondary battery with all the features set forth in claim 5 above, and wherein the ratio of the elongation rate of the separator to the elongation rate of the current collector is greater than or equal to 90 (Lee [0022]-[0023] where a 5% or less than 5% elongation rate is required of either of the current collectors in the battery of Hirai).
Regarding claim 7, modified Hirai discloses the secondary battery with all the features set forth in claim 1 above, and wherein the elongation rate of the separator is greater than or equal to 120% (the disclosed separator tensile elongation rate for examples 1-5 of Hirai shown in Table 1 was measured to be 450%).
Regarding claim 8, modified Hirai discloses the secondary battery with all the features set forth in claim 7 above, and wherein the elongation rate of the separator is greater than or equal to 150% (the disclosed separator tensile elongation rate for examples 1-5 of Hirai shown in Table 1 was measured to be 450%).
Regarding claim 9, modified Hirai discloses the secondary battery with all the features set forth in claim 1 above, and wherein separator is made of one or more of: polyethylene, polyalphaolefin, polypropylene, polyethylene terephthalate, polymethylpentene, polybutylene, polyimide, polyamide, polyester, polyurethane, polycarbonate, cyclic olefin copolymer, polybenzimidazole, polybenzoxazole, aramid, polyvinylidene fluoride, polytetrafluoroethylene, poly(vinylidene fluoride-hexafluoropropylene), polyetherimide, polyvinyl alcohol, or a copolymer, a blend, a mixture, or a combination thereof (Hirai “The resin film constituting the separator is preferably a porous resin film . Examples of a specific form of the porous resin film may include polyolefins such as polyethylene ( PE ) and polypropylene ( PP ) ; a laminate in which a plurality of these are laminated ( for example , a laminate having a three - layer structure of PP / PE / PP ) , and porous resin films formed of hydrocarbon - based resins such as polyimide , aramid , and polyvinylidene fluoride – hexafluoropropylene ( PVDF - HFP ) , but it is not limited thereto.” [0074]).
Regarding claim 10, modified Hirai discloses the secondary battery with all the features set forth in claim 1 above, and wherein a thickness of the separator is 1 µm to 12 µm (Hirai “the thickness of single layer or multilayer is preferably from 6 µm to 30 µm and more preferably from 10 µm to 25 µm” [0075]).
Regarding claim 11, modified Hirai discloses the secondary battery with all the features set forth in claim 1 above, and wherein the active material layer comprises an active material (Hirai “The positive electrode active material layer 15 contains a positive electrode active material” [0039] and “The negative electrode active material layer contains a negative electrode active material” [0062]), and wherein a binder (Hirai “and further other additives such as … a binder” [0039] “and further other additives such as … a binder” [0062]) and a conductive agent (Hirai “and further other additives such as a conductive auxiliary” [0039] “and further other additives such as a conductive auxiliary” [0062]) that are distributed in the active material (Hirai “A solid component composed of 63 % by mass of NMC composite oxide ( LiNi . Mno . 3C00 . 202 , average particle diameter : 15 um ) as a positive electrode active material , 27 % by mass of spinel type lithium manganese composite oxide ( LiMn , 02 ) , 5 % by mass of carbon powder as a conductive auxiliary and 5 % by mass of PVdF as a binder was prepared . An appropriate amount of N - methyl - 2 - pyrrolidone ( NMP ) as a slurry viscosity adjusting solvent was added to this solid component to prepare a positive electrode active material slurry .” [0167] with italics added for emphasis and “A solid component composed of 95 % by mass of natural graphite ( average particle diameter : 18 um ) as a negative electrode active material and 5 % by mass of PVDF was prepared . An appropriate amount of N - methyl - 2 - pyrrolidone ( NMP ) as a slurry viscosity adjusting solvent was added to this solid component to prepare a negative electrode active material slurry .” [0169] with italics added for emphasis).
Regarding claim 12, modified Hirai discloses the secondary battery with all the features set forth in claim 1 above, and wherein the current collector comprises a metal foil (Hirai “The material constituting the positive electrode current collector is not particularly limited … the material may be a foil” [0035] and “the negative electrode active material slurry was coated on both sides of a copper foil” [0169]) or a metal foil with a functional coating on a surface.
Regarding claim 13, modified Hirai discloses the secondary battery with all the features set forth in claim 12 above, and wherein the functional coating comprises functional materials comprising one or more of lithium iron phosphate, lithium manganese iron phosphate, lithium vanadyl phosphate, lithium-rich manganese-based material, artificial graphite, natural graphite, hard carbon, soft carbon, carbonaceous mesophase spherule, carbon nanotube, graphene, carbon fiber, vapor-grown carbon fiber, activated carbon, porous carbon, acetylene black, Ketjen black, conductive ink, thermally expanded microsphere, polyethylene, polyamide, polybutadiene, ethylene-ethyl acrylate, ethylene-vinyl acetate copolymer, fluorinated ethylene-propylene copolymer, polyethylene terephthalate, polypyrrole and its derivatives, polyvinylidene fluoride, polytetrafluoroethylene, polyamide, sodium carboxymethyl cellulose, styrene-butadiene rubber, aluminum oxide, silicon oxide, zirconium oxide, aluminium hydroxide oxide, hexagonal boron nitride, MXene, perovskite, lithium aluminum titanium phosphate, lithium lanthanum titanium oxide, lithium lanthanum zirconium oxide, or a composite, a blend, or a combination thereof (the disclosed embodiment of the current collector cited of Hirai in claim 12 above does not require a corresponding functional coating).
Regarding claim 15, modified Hirai discloses the secondary battery with all the features set forth in claim 1 above, and wherein the thickness of the active material layer is greater than or equal to 35 µm (Hirai “fabricating a positive electrode in which the one side coating thickness of the positive electrode active material layer was 65 µm” [0167] and “fabricating a negative electrode having a one side coating thickness of 65 µm” [0169], which both positive electrode active material layer and negative electrode active material layer has a total thickness of 130 µm in the batteries constructed in the examples of the disclosed invention.).
Regarding claim 16, modified Hirai discloses the secondary battery with all the features set forth in claim 1 above, and wherein the secondary battery comprises a lithium secondary battery, a potassium secondary battery, a sodium secondary battery, a zinc secondary battery, a magnesium secondary battery, or an aluminum secondary battery (Hirai “in the present specification , a lithium ion secondary battery” [0024]).
Regarding claim 17, modified Hirai discloses the secondary battery with all the features set forth in claim 1 above, and wherein a structure of the secondary battery comprises one or more of a winding structure or a stacked structure (Hirai “which is a flat type ( stacked type )” [0024]).
Regarding claim 18, modified Hirai discloses the secondary battery with all the features set forth in claim 1 above, and wherein the secondary battery further comprises a packaging shell, and wherein the one or more battery cell assemblies are packaged in the packaging shell (Hirai “a stacked type battery 10 of the present embodiment has a structure in which a substantially rectangular power generating element 21 in which a charge and discharge reaction actually takes place is sealed inside a battery exterior material 29 which is an exterior packaging body” [0027]).
Claims 19-21 are rejected under 35 U.S.C. 103 as being unpatentable over Hirai et al (US 2019/0221880 A1) in view of and Choi et al (US 20140218878 A1) and Lee et al (KR 2011/0024114 A). These prior art references cited as Hirai, Choi, and Lee, respectively, in this Office Action hereinafter.
Regarding claim 19, Hirai discloses a terminal (“for example , automotive parts , particularly electronic devices , and the like” [0106]) comprising:
an electronic component (“a positive electrode lead and a negative electrode lead although it is not illustrated . As constituent materials of the positive electrode lead and negative electrode lead , the materials to be used in known lithium ion secondary batteries can be adopted in the same manner” [0106]) and a battery (10 Fig. 1; “a stacked type battery 10” [0027]), wherein the battery supplies power to the electronic component (“the current collector 11 may be electrically connected to the current collecting plates ( 25 and 27 ) via a positive electrode lead and a negative electrode lead” [0106]), wherein the battery comprises the secondary battery comprising:
at least one battery cell assembly (19 Fig. 1; “one single cell layer 19” [0027]) comprising:
a positive electrode plate (“positive electrode” [0027]),
a negative electrode plate (“negative electrode” [0027]), wherein the positive electrode plate and the negative electrode plate each comprise a current collector and an active material layer disposed on the current collector (“The positive electrode has a structure in which a positive electrode active material layer 15 is disposed on both sides of a positive electrode current collector 12 . The negative electrode has a structure in which a negative electrode active material layer 13 is disposed on both sides of a negative electrode current collector 11 .” [0027]), and
a separator disposed between the positive electrode plate and the negative electrode plate (“a positive electrode , a separator 17 , and a negative electrode are layered” [0027]),
wherein an elongation rate of the separator is greater than 100% (“the nonaqueous electrolyte secondary battery according to the present aspect is characterized in that there is at least one direction ( hereinafter also simply referred to as the " particular direction ” ) satisfying the following conditions in the plane direction of the separator” [0076] … “( 2 ) the tensile elongation at break at normal temperature is 100 % or more” [0078]), the elongation rate of the separator comprises at least one of an elongation rate in a length direction or an elongation rate in a width direction (“in the plane direction of the separator” [0076]), and wherein a ratio of the elongation rate of the separator to a thickness of the active material layer of at least one of the positive electrode plate or negative electrode plate is 3.0%/µm to 8.0%/µm (“fabricating a positive electrode in which the one side coating thickness of the positive electrode active material layer was 65 µm” [0167] and “fabricating a negative electrode having a one side coating thickness of 65 µm” [0169], which both positive electrode active material layer and negative electrode active material layer has a total thickness of 130 µm in the batteries constructed in the examples of the disclosed invention. Furthermore, the disclosed separator tensile elongation rate for examples 1-5 shown in Table 1 was measured to be 450%. This yields a ratio of 3.5%/ µm.).
Hirai does not disclose the terminal comprising a housing;
the battery accommodated in the housing;
wherein the elongation rate of each of the current collector of the positive electrode plate and the current collector of the negative electrode plate is less than 3%; and
wherein a ratio of the elongation rate of the separator to an elongation rate of the current collector of at least one of the positive electrode plate or negative electrode plate is greater than or equal to 60.
In regards to the latter limitation that Hirai does not disclose, an elongation rate of the current collector of at least one of the positive electrode plate or negative electrode plate is required to be less than or equal to 450%/60 = 7.5%.
However, Choi discloses a terminal (“an electronic device 100” [0035]) comprising an electronic component (“a main board 130” [0038]) and a battery (“a battery 140” [0038]) that supplies power to the electronic component (“The battery 140 is electrically connected to the main board 130 to supply a necessary power into the electronic device” [0041]).
Choi teaches the terminal comprising a housing (“The electronic device 100 includes the housing 200” [0037]), and the battery accommodated in the housing (“Referring to FIG. 3, the front housing 210 is coupled to the rear housing 220 to define an accommodation space 115 opened
towards the front of the electronic device 100. The touch screen 120, a main board 130, a battery 140, and a metal plate 160 are accommodated in the accommodation space 115.” [0038] and “The battery 140 is attached to the metal plate 160” [0041]). Choi further teaches that the housing as a constituent of the terminal defines the exterior of the terminal ([0037]), which is used to secure a metal plate by a screw passing through the metal plate (“as shown in FIG.
3, the coupling part 161 can be fitted between the front housing 210 and the rear housing 220 and then be coupled together with the front housing 210 and the rear housing 220 by using the screw 150. The rear housing 220 has a boss coupling hole 221 coupled to the boss 221 of the front housing 210 by using the screw 150. The screw 150 passes through the boss coupling hole 221 of the rear housing 220. Then, the screw 150 passes through the coupling part 161 of the metal plate 160 and is coupled to the boss 211 of the front housing 210. Thus, the front housing 210, the metal plate 160, and the rear housing 220 are can be integrated with each other. [0043]). Furthermore, the metal plate is accommodated into the housing with the battery ([0038]), and is effective for protecting the battery against the outside ([0046]).
Therefore, it would have been obvious to one of ordinary skill in the art to add to the terminal of Hirai in view of Choi, wherein the terminal comprises a housing, and the battery is accommodated in the housing, in order to provide a structure that allows means for effective protection of the battery against the outside.
Additionally, Lee discloses a secondary battery (“the lithium secondary battery” [0063]) that comprises a positive electrode plate (“the positive electrode” [0063]), a negative electrode plate (“the negative electrode” [0063]) and a separator (“and the separator” [0063]), wherein the positive electrode plate and the negative electrode plate each comprise a current collector and an active material layer disposed on the current collector ([0017]-[0018]).
Lee teaches wherein the elongation rate of each of the current collector of the positive electrode plate and the current collector of the negative electrode plate is less than 3% (“an elongation (x) of the positive electrode current collector is 2.5% or less” [0021], which is a disclosed elongation range that is encompassed by the claimed elongation range, and “an elongation (y) of the negative electrode current collector is 7.5% or less” [0022], which is a disclosed elongation range that overlaps with the claimed elongation range, which MPEP 2144.05-Section I states “In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)” and “"[A] prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness." In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003). See also In re Harris, 409 F.3d 1339, 74 USPQ2d 1951 (Fed. Cir. 2005)”.); and
an elongation rate of the current collector of at least one of the positive electrode plate of negative electrode plate is less than or equal to 7.5% ([0022]-[0023]), and that maintaining this elongation rate in the current collector has an effect in improving the safety of the secondary battery by preventing direct contact between the positive electrode and the negative electrode current collector when an internal short circuit occurs by using a separator having a higher elongation than the current collector ([0030]).
Therefore, it would have been obvious for a person of ordinary skill in the art to replace each of the current collector of the positive electrode plate and the current collector of the negative electrode plate of Hirai with the current collector of the positive electrode and with the current collector of the negative electrode plate of Lee, wherein the elongation rate of each of the current collector of the positive electrode plate and the current collector of the negative electrode plate is less than 3%; and
wherein an elongation rate of the current collector of at least one of the positive electrode plate of negative electrode plate is less than or equal to 7.5% and thereby wherein a ratio of the elongation rate of the separator to an elongation rate of the current collector of at least one of the positive electrode plate or negative electrode plate is greater than or equal to 60, in order to achieve an effect in improving the safety of the secondary battery that comprises a separator having a higher elongation than the current collector by preventing direct contact between the positive electrode and the negative electrode current collector when an internal short circuit occurs.
Regarding claim 20, modified Hirai discloses the terminal with all of the features set forth in claim 19, and wherein, when the secondary battery comprises a plurality of stacked battery cell assemblies (Hirai “ a plurality of single cell layers 19 are electrically connected in parallel by being stacked one on another” [0027]), at least an elongation rate of a separator in an outermost battery cell assembly in the secondary battery is greater than 100% (Hirai “the nonaqueous electrolyte secondary battery according to the present aspect is characterized in that there is at least one direction ( hereinafter also simply referred to as the " particular direction ” ) satisfying the following conditions in the plane direction of the separator” [0076] … “( 2 ) the tensile elongation at break at normal temperature is 100 % or more” [0078]), wherein, a ratio of the elongation rate of the separator to a thickness of an active material layer of at least one of the positive electrode plate or negative electrode plate is 3.0%/µm to 8.0%/µm (Hirai “fabricating a positive electrode in which the one side coating thickness of the positive electrode active material layer was 65 µm” [0167] and “fabricating a negative electrode having a one side coating thickness of 65 µm” [0169], which both positive electrode active material layer and negative electrode active material layer has a total thickness of 130 µm in the batteries constructed in the examples of the disclosed invention. Furthermore, the disclosed separator tensile elongation rate for examples 1-5 shown in Table 1 was measured to be 450%. This yields a ratio of 3.5%/ µm.), and wherein, a ratio of the elongation rate of the separator to an elongation rate of a current collector of at least one of the positive electrode plate or negative electrode plate is greater than or equal to 60 (Lee [0022]-[0023] where a 7.5% or less than 7.5% elongation rate is required of either of the current collectors in the battery of Hirai).
Regarding claim 21, modified Hirai discloses the terminal with all of the features set forth in claim 20 above, and wherein an elongation rate of a separator in each of the at least one battery cell assemblies is greater than 100% (Hirai “the nonaqueous electrolyte secondary battery according to the present aspect is characterized in that there is at least one direction ( hereinafter also simply referred to as the " particular direction ” ) satisfying the following conditions in the plane direction of the separator” [0076] … “( 2 ) the tensile elongation at break at normal temperature is 100 % or more” [0078] where “secondary battery 10 illustrated in FIG . 1 previously described . The power generating element 57 is formed by stacking a plurality of single cell layers ( single cells ) 19 composed of the positive electrode ( positive electrode active material layer ) 15 , the electrolyte layer 17” [0111] and “[ Separator ( Electrolyte Layer ) ] … The separator has a function of holding the electrolyte” [0071]-[0072]), wherein the ratio of the elongation rate of the separator to the thickness of the active material layer of at least one of the positive electrode plate or negative electrode plate is 3.0%/µm to 8.0%/µm (Hirai “fabricating a positive electrode in which the one side coating thickness of the positive electrode active material layer was 65 µm” [0167] and “fabricating a negative electrode having a one side coating thickness of 65 µm” [0169], which both positive electrode active material layer and negative electrode active material layer has a total thickness of 130 µm in the batteries constructed in the examples of the disclosed invention. Furthermore, the disclosed separator tensile elongation rate for examples 1-5 shown in Table 1 was measured to be 450%. This yields a ratio of 3.5%/ µm.), and wherein the ratio of the elongation rate of the separator to the elongation rate of the current collector of at least one of the positive electrode plate or the negative electrode plate is greater than or equal to 60 (Lee [0022]-[0023] where a 7.5% or less than 7.5% elongation rate is required of either of the current collectors in the battery of Hirai).
Response to Arguments
Applicant's arguments filed 15 July 2026 have been fully considered but they are not persuasive.
Applicant appears to remark that the secondary prior art of the 103 rejections, Lee et al, does not disclose or suggest the limitations of “wherein an elongation rate of each of the current collector of the positive electrode plate and the current collector of the negative electrode plate is less than 3%” and “wherein a ratio of the elongation rate of the separator to an elongation rate of the current collector of at least one of the positive electrode plate or negative electrode plate is greater than or equal to 60” because Lee discloses that the elongation of the positive electrode current collector may be 2.5% or less, but Lee discloses the elongation of the negative electrode current collector as 7.5% or less and, more specifically, within a range of 4.0% to 7.5%.
In response to applicant remark above, the examiner respectfully disagrees because the elongation range for both the positive electrode plate and the negative electrode plate of less than 7.5% as required by the claimed ratio of greater than or equal to 60 overlaps with the claimed limitation of each of the current collector of the positive electrode plate and the current collector of the negative electrode plate is less than 3%, which this Office Action makes clear that MPEP 2144.05-Section I states “In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)” and “"[A] prior art reference that discloses a range encompassing a somewhat narrower claimed range is sufficient to establish a prima facie case of obviousness." In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003). See also In re Harris, 409 F.3d 1339, 74 USPQ2d 1951 (Fed. Cir. 2005)” and is sufficient to establish a prima facie case of obviousness. Additionally, Lee discloses an aspect of the disclosed secondary battery is “characterized in that the sum (z) of the elongation (x) of the positive electrode current collector and the elongation (y) of the negative electrode current collector is 10% or less” ([0036]) and “The sum (z) of the elongations of the positive electrode and the negative electrode current collector is preferably in the range of 6 to 10%.” ([0053]), which does not limit the elongation of the negative electrode plate to be at least 4.0% and is open to the negative electrode plate to have an elongation of less than 3.0% when the positive electrode plate maintains an elongation within a range of 2.0 to 2.5% because the sum of the elongation of the electrode plates would result in the range of 6 to 10%.
Applicant remarks that Lee does not cure the deficiency in Hirai of disclosing the claimed ratio of separator elongation to the elongation rate of a current collector of at least one of the positive electrode plate or negative electrode plate because Lee teaches a different relationship, namely that the elongation of the separator is preferably 5 times or more and 20 times or less the sum of the elongations of the electrode current collectors and Lee's working example uses a separator elongation of 70%, a positive electrode current collector elongation of 2.5%, and a negative electrode current collector elongation of 7.0%, which does not disclose the claimed ratio of greater than or equal to 60, which Hirai's separator elongation values relied upon by the Office Action, including 450%, are far higher than the separator elongation used in Lee's working example. Accordingly, Lee does not provide a reason to modify Hirai in the manner required to arrive at the claimed features; rather, Lee's own ratio guidance would have led a person of ordinary skill away from the Office Action's reconstruction.
In response to applicant remark above, Lee is used as a secondary reference in the 103 rejections to teach modifications to the negative electrode plate and the positive electrode plate, and not to the separator because Hirai discloses all of the claimed features. Any one of ordinary skill in the art would be able to glean from Lee to modify the negative electrode plate and the positive electrode plate to maintain a ratio of greater than or equal to 60 when Hirai’s elongation of the disclosed separator is consistently 450% because Lee provides motivation to maintain electrode plate elongations of less than 7.5%, which is to improve safety of the secondary battery by preventing direct contact between the electrode plates due to an event of a short circuit occurring after nail penetration in the secondary battery (Lee [0030] and [0055]).
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CHARLENE BERMUDEZ whose telephone number is (571)272-0610. The examiner can normally be reached Mondays through Thursdays generally from 12 PM to 5 PM Eastern Time.
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/CHARLENE BERMUDEZ/Examiner, Art Unit 1721
/DUSTIN Q DAM/Primary Examiner, Art Unit 1721
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