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 .
DETAILED ACTION
This Office action regarding Application No. 18/181,209 to Guan et al, assigned to Ningde Amperex Technology Limited, Ningde City, China, filed 03/09/2023, and published as U.S. PG Publication 2023/0327218 A1 on 10/12/2023, is in response to applicant’s argument/remarks and claims amendments filed 03/04/2026. Applicants’ response is fully considered.
Status of the claims
In the response filed 03/04/2026 applicant has amended the claims of the application. In claim 1 and 10 the thickness of the non-active material layer of 1 µm to 20 µm has been amended to 1 µm to 15 µm, and the limitation,” the non-active material layer comprise a conductive agent “ has been added. In claim 3 and 13 the first blank and second blank regions have been further qualified. Claim 5, 6, 9, 14, 15 have also been amended for further clarifications.
The status of the claims stand as follows:
Currently amended 1, 4-6, 9-10, 13-15, 18
Original 2, 3, 7-8, 11-12, 16-17
Claims 1-18 are currently pending in this application.
Withdrawal of Claim Objections
The objection of the claims for failing to qualify the third direction as the length direction is overcome by the amendment of claims 5 and 14, which now recite, ‘…the third direction being a length direction of the positive electrode current collector…”. The limitation , “…the non-active material layer has a length …” has been amended wherein the “length” is changed by “width” as is disclosed in the specification. The dependence of claim 13 upon claim 2 has been amended to claim 12 instead to correct an error of the dependence as indicated in the previous Office action. Therefore, the objection to the claims is now withdrawn.
The objection to the drawings for failing to show “a winding direction” of the electrode body has been overcome by the drawing in the Replacement Sheet of FIG. 2, which now shows a WD, i.e. winding direction. Therefore, the objection is now withdrawn.
Withdrawal of Objection to the Specification
The specification was objected to for disclosing the statement in paragraph [0046], "The separator 12 is sandwiched between the positive electrode plate 11 and the negative electrode plate 13 and is not in contact with the positive electrode active material layer 112 and the negative electrode plate 13, so as to prevent the positive electrode plate 11 and the negative electrode plate 13 that are different in polarities from being in contact with each other and causing a short-circuit" and is not clear how the separator cannot be in contact with the positive electrode active material and the negative electrode active material”.
The specification is now amended by deleting the part which says, “…and is not in contact with the positive electrode active material layer 112 and the negative electrode plate 13, …” Therefore, the objection to the specification is overcome by this amendment, and the objection is now withdrawn.
Withdrawal of Claim Rejections- 35 USC § 112
Claims 4, 5, 13, 14 were rejected under 112(b) for being indefinite for failing to clearly recite the claims. It is not known if the first blank region and the second blank region are non-coated regions in one side or both sides, and further it is not known if the first two-sides region are coated on both surfaces or not, and if the first single-sides region and second single-sided region are coated on one surface only, and if so whether the coating is with the active material or the non-active material or with both the active material and the non- active material. Thus, the claims are indefinite.
The amendment of claim 4 and 13 indicating the coated and uncoated parts of the positive electrode plate has overcome the indefinite rejection of the claims under 112(b). Therefore, the rejection under 112(b) is now withdrawn.
Claim Rejections – 35 USC § 103
The text of those sections of Title 35 U.S. Code not included in this section can be found in the prior Office Action.
Claim 1-3, 10- 12 are rejected under 35 U.S.C. 103 as being unpatentable over Chang Xingqi et al. (CN 112750973; English language machine translation is used; cited in IDS filed 03/09/2023; hereafter called '973) in view of Danno (U.S. PG Publication 2021/0194007).
Regarding claim 1 and 10 CN '973 discloses an invention related to battery technology a battery (CN '973 paragraph 0001, 0043), equivalent to the electrochemical apparatus, and an electrode unit and a diaphragm, the diaphragm equivalent to the separator, (CN '973 paragraph 0009). A coating made of a polymer is provided on the two end faces of the electrode at the two edges of the electrode (CN '973 Fig. 1, 2, paragraph 0009) equivalent to the non-active material layer. CN '973 discloses the electrode include a current collector and an active material bonded on the current collector covering both sides of the current collector (CN '973 paragraph 0017, 0035), and the nonactive material layer is formed on the electrode on the active material away from the current collector. CN '973 discloses the electrode provided with the polymer non-active material layer can be on the edge of the positive electrode (CN '973 paragraph 0046).
CN '973 discloses the thickness of the polymer coating can be 20 µm (CN '973 paragraph 0038), i.e. in the thickness direction of the electrode. This value is not included in the claimed range, but it is very close to the claimed range of 1 µm to 15 µm on its upper limit. According to the MPEP, “a prima facie case of obviousness exists where the claimed ranges or amounts do not overlap with the prior art but are merely close.” In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955) (See MPEP 2144.05 I).
CN '973 is silent about the diffusion rate of the lithium diffusion ion in the non-active polymer layer is less than that of the active material. CN '973, however, discloses that by applying the non-active layer the diffusion distance of the lithium ion can be lengthened thereby offsetting the influence of a large local current and reducing the risk of lithium deposition (CN '973 paragraph 0055). Therefore, it would have been obvious to a person of ordinary skill in the art before the effective filing date of the invention to have used a non-active material layer that has lower lithium-ion diffusion rate than the active material to imbed the lithium-ion diffusion so as to offsetting the influence of a large local current and reducing the risk of lithium deposition (CN '973 paragraph 0055). According to the MPEP this is considered the use of a known technique to improve similar devices (methods, or products) in the same way (MPEP 2143 IC). CN '973 discloses the invention of the battery can be employed in electrical appliances (CN '973 paragraph 0002) considered equivalent to the electronic apparatus recited in claim 10.
JP ‘937 is silent about the non-active layer comprise a conductive agent. Danno discloses an energy storage device includes an electrode assembly 400 which includes a positive electrode plate 410, a negative electrode plate 420, and a separator 430 between them (Danno Fig. 3, paragraph 0007, 0045). The positive electrode plate 410 have an insulating layer 415 covering the end portion of the composite layer 414 (Danno Fig. 3, 5, 6), considered equivalent to the non-active material layer. Danno also discloses the insulating layer 415 includes conductive particles 415 c (Danno paragraph 0070), which prevent the formation of defects such as deformation of the positive electrode plate or the peeling of the insulating layer (Danno paragraph 0057, 0057).
Therefore, it would have been obvious to a person of ordinary skill in the art to have modified the non-active layer of JP ‘937 by the disclosure of Danno and includes in it conductive particles to prevent deformation of the positive electrode plate or peeling of the insulating layer as taught by Danno (Danno paragraph 0057-0058, 0070). Such a modification is considered the use of a known technique to improve similar devices (methods, or products) in the same way (MPEP 2143 I C).
Regarding the thickness of the insulating layer Danno does not discloses the thickness, but discloses in the drawings that the thickness taper down to zero value (Danno Fig. 4). Thus, it would have been obvious to a person of ordinary skill in the art to have made the thickness of the non-active material layer of CN ‘937 also taper closer to zero as disclosed by Danno (Danno Fig. 4) and as is recited in the claimed range of 1 µm to 15 µm, which renders the claimed range obvious.
Regarding claim 2 and 11 CN '937 discloses the electrode plate comprise a first part, a second part and a third part, and the first part is connected to one end of the second part, and the third part is connected to the other end of the second part, and the non-active material layer has two parts, equivalent to the first and third part (CN '973 Fig. 1, 2).
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CN ‘973 Fig. 1
Regarding claim 3 and 12 CN '973 discloses in Fig. 2 along the second direction, i.e., the width direction of the electrode 1, the ratio of width of the first part and the width of the third part to the width of the positive active material is much smaller, and falls within the claimed range of 0.01% to 30% (CN '973 Fig. 2).
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CN ‘973 Fig. 2
Claim 4-8, 13-18 are rejected under 35 U.S.C. 103 as being unpatentable over Chang Xingqi et al. (CN 112750973; English language machine translation is used; cited in IDS filed 03/09/2023; called '973) in view of Danno (U.S. PG Publication 2021/0194007) as applied to claim 1 and 10, and further in view of Guo et al. (U.S. PG Publication 2019/0089005)
Regarding claim 4 and 13 CN '973 is silent about the positive electrode, the separator and the negative electrode are sequentially stacked and wound to form the electrode assembly. Guo discloses a wound electrode assembly (Guo Fig. 1).Guo discloses a positive electrode plate comprising a first blank region B1, a first two-sided region B2, and a second blank region D2 (Guo Fig. 3). Guo also discloses the first two-sided region B2 has a winding starting end and a winding terminating end, the winding starting end being closer to a winding center than the winding terminating end, the first blank region is connected to the winding starting end, a first end of the first single-sided region is connected to the winding terminating end, and the second blank region is connected to a second end of the first single-sided region (Guo Fig 1).
Guo discloses a wound-type electrode assembly which improves energy density of the electrode assembly and reduces an internal resistance, while solving the problem that the electrode assembly is easily deformed and the cycle expansion ratio is large during the cycle use of the electrode assembly (Guo paragraph 0005). Therefore, it would have been obvious to a person of ordinary skill in the art to have modified the electrode assembly of CN '973 by the disclosure of Guo and made it in a wound electrode type for the benefits taught by Guo (Guo paragraph 0005). According to the MPEP this is considered the use of a known technique to improve similar devices (methods, or products) in the same way (MPEP 2143 I C).
Guo discloses regions of the wound electrode wherein that are not coated with the electrode active material designated B1 towards the inner part of the wound electrode assembly and called second winding start region (Guo Fig. 3, paragraph 0030) considered equivalent to the first blank region 11a, and a region that is not coated with the electrode active material wards the outer end of the electrode assembly designated D2 and called second winding end section (Guo Fig. 3, paragraph 0030), considered equivalent to the second blank region 11d. Guo also discloses the regions of the wound electrode that are coated on the two opposite surfaces designated B2 and called second winding start section (Guo Fig. 3, paragraph 0030), considered equivalent to the first two-sided region 11b coated with the positive electrode active material on both sides. Guo also discloses in some embodiments, only one side of the second current collector 31 of the second winding end section D2 may be coated with the second active substance layer 32 (Guo Fig. 3, paragraph 0040) considered equivalent to the first-single sided region 11c that is a part coated with the electrode active material on one surface of the current collector. The T thickness direction of Guo is equivalent to the claimed first direction (Guo Fig. 3, paragraph 0026, 0033). Thus, CN '973 as modified by Danno and Guo meets the limitations of claim 4 and 13
Regarding claim 5 and 14 CN '973 discloses in Fig. 2 along the third direction, i.e. the length direction of the electrode, the width of the second non-active is 20 µm (CN '973 (CN '973 paragraph 0038). This value is included in the claimed range.
Regarding claim 6 and 15 CN 973 discloses a first and second non-active material layers (CN '973 Fig. 1, 2), but is silent that it also comprises a third non-active material. However, it would have been obvious to a person of ordinary skill to also have made the electrode has a third non-active material layer since such a modification is considered duplication of parts. According to the MPEP duplication of parts or rearrangement of parts has no patentable significance unless a new and unexpected result is provided. According to the MPEP mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04 VI B. Guo also discloses the regions of the wound electrode that are coated on the two opposite surfaces designated B2 and called second winding start section (Guo Fig. 3, paragraph 0030), considered equivalent to the first two-sided region 11b coated with the positive electrode active material on both sides.
Regarding claim 7, 8, 16, 17 CN is silent about the electrode has an electrode tab accommodated in a groove. Guo discloses the first electrode and the second electrode, equivalent to the positive electrode and the negative electrode have first electrode tab and second electrode tab (Guo paragraph 0028). Guo also discloses the tabs are accommodated in grooves (Guo paragraph 0030, 0031).
CN '973 also is silent about the electrode has a fourth non-active material layer and a fifth non-active material. However, it would have been obvious to a person of ordinary skill to also have made the electrode has a fourth non-active material layer and a fifth non-active material layer since such a modification is considered duplication of parts. According to the MPEP duplication of parts or rearrangement of parts has no patentable significance unless a new and unexpected result is provided. According to the MPEP mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04 VI B.
Regarding claim 9 and 18 Guo discloses the electrode assembly comprise a first straight section, a first bending section, a second straight section and a second bending section sequentially connected in a winding direction, the first straight section being disposed opposite the second straight section, and the second bending section being disposed opposite the second bending section. (Guo Fig. 3). Guo is silent about the non-active material layer further comprises a sixth non-active material layer. However, it would have been obvious to a person of ordinary skill to also have made the electrode has a sixth non-active material layer since such a modification is considered duplication of parts. According to the MPEP duplication of parts or rearrangement of parts has no patentable significance unless a new and unexpected result is provided. According to the MPEP mere duplication of parts has no patentable significance unless a new and unexpected result is produced. See MPEP 2144.04 VI B.
Response to Argument
In the response filed 03/04/2026 applicant traverses the objection to the claims, the objection to the drawing, the objection to the specifications, the rejection to the claims under 112(b) and 103.
Regarding the objection to the claims applicants argues that the claims 5, 13 and 14 have been amended and the objection of the claims is moot. Examiner notes that as presented above in this Office action the amendment of the claims overcomes the objection to the claims, and the objection has been withdrawn.
Regarding the objection of the drawing applicant argue that Fig. 2 is amended as shown in the attached Replacement sheet. Examiner agrees with applicant’s argument. Fig. 2 as presented in the replacement sheet shows the winding direction as WD. Therefore, the objection to the drawing is withdrawn in this Office action.
Regarding the objection to the specification the content of paragraph [0046] has been amended, and as presented above in this Office action the objection to the instant specification is withdrawn in this Office action.
Regarding the rejection of the claims 4, 5, 13, 14 under 112(b) examiner also agrees with applicant’s argument that the amendment over comes the rejection, which is withdrawn in this Office action as noted above.
Applicant also traverses the rejection of the claims under 103 over CN 112750973 and argues that the applied reference does not disclose the currently presented added limitation to the independent claims of the thickness of the non-active material layer and that the non-active material layer comprises a conductive agent.
Examiner notes that the previously presented rejection of the claims under 103 over CN 112750973 is modified by the newly applied reference of Danno (U.S. PG Publication 2021/0194007 A1). As presented above in this Office action Danno discloses a positive electrode that has similar configuration as the claimed positive electrode. Danno discloses the positive electrode has an insulating layer coated over the positive electrode active material layer, considered equivalent to the non-active material layer coated on a surface of the positive electrode material. Danno also discloses that the insulating layer includes conductive inorganic particles, equivalent to the conductive agent. Regarding the thickness of the insulating layer Danno shows that it tapers toward zero values, which renders the amend claimed range of 1 µm to 15 µm obvious.
Therefore, as presented above in this Office the previously presented rejection of the claims under 103 over CN 112750973 is modified by the newly applied reference of Danno U.S. PG Publication 2021/0194007, and the claimed invention is rendered obvious by the combined teaching of CN ‘973 and Danno. The rejection is made final.
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 OMAR M KEKIA whose telephone number is (571)270-5918. The examiner can normally be reached 9:00am-5:00 pm,.
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/JONATHAN G JELSMA/Primary Examiner, Art Unit 1722
/OMAR M KEKIA/Examiner, Art Unit 1722
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