DETAILED ACTION
Response to Amendment
Claims 1-14 are currently pending. New claims 11-14 have been added. The previous objection to the specification is withdrawn. The amended claims do overcome the previously stated 103 rejections. However, upon further consideration, claims 1-14 are rejected under the following new 103 rejections. This action is made FINAL as necessitated by the amendment.
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.
Claims 1, 3, 4, and 11-14 are rejected under 35 U.S.C. 103 as being obvious over Tanahashi et al (US 2022/0278374).
The applied reference has a common joint inventor with the instant application. Based upon the earlier effectively filed date of the reference, it constitutes prior art under 35 U.S.C. 102(a)(2).
This rejection under 35 U.S.C. 103 might be overcome by: (1) a showing under 37 CFR 1.130(a) that the subject matter disclosed in the reference was obtained directly or indirectly from the inventor or a joint inventor of this application and is thus not prior art in accordance with 35 U.S.C.102(b)(2)(A); (2) a showing under 37 CFR 1.130(b) of a prior public disclosure under 35 U.S.C. 102(b)(2)(B); or (3) a statement pursuant to 35 U.S.C. 102(b)(2)(C) establishing that, not later than the effective filing date of the claimed invention, the subject matter disclosed and the claimed invention were either owned by the same person or subject to an obligation of assignment to the same person or subject to a joint research agreement. See generally MPEP § 717.02.
Regarding claims 1, 3, and 4, Tanahashi et al discloses a secondary battery comprising:
a flat-shaped wound electrode body “40” in which a band-shaped positive electrode “10”, a band-shaped negative electrode “20”, and a band-shaped separator “30” are wound in a longitudinal direction of the flat-shaped wound electrode body; and
a battery case that accommodates the flat-shaped wound electrode body, wherein the band-shaped positive electrode has a positive electrode active material layer including a lithium-transition metal complex oxide as a positive electrode active material and a positive electrode binder,
a length w1 of the positive electrode active material layer in a width direction perpendicular to the longitudinal direction is 200 mm or larger,
the band-shaped negative electrode has a negative electrode active material layer containing graphite as a negative electrode active material,
the band-shaped separator has
a base material layer,
a surface layer “34” (heat-resistant layer) abutting the band-shaped positive electrode “10”, and
a surface layer “34” (adhesive layer) abutting the band-shaped negative electrode, the surface layer containing inorganic particles and a binder,
wherein the surface layer “34” (heat-resistant layer / adhesive layer) contains inorganic particles and a binder, the surface layer (heat-resistant layer) abutting the positive layer containing inorganic particles (ceramic particles) and a binder (heat-resistant layer binder) that is PVDF (polyvinylidene fluoride) and contains a content of the inorganic particles (ceramic particles) that 85 mass% or lower, and the surface layer “34” (adhesive layer) abutting the negative electrode containing a binder (adhesive layer binder) and a content of the binder that is 15 mass% or higher (based upon a content of the inorganic particles that is 85 mass% or lower), wherein the band-shaped separator is configured differently on a front and a back of the band-shaped separator based on the surface layer abutting the positive electrode containing a PVDF binder and the surface layer abutting the negative electrode containing a binder such as styrene butadiene rubber ([0040],[0042],[0055],[0060],[0067],[0069],[0071],[0076]-[0078] and Figs. 7 and 10).
However, Tanahashi et al does not expressly teach a mass ratio of the ceramic particles relative to a total mass of the heat-resistant layer that is 90 mass% or higher.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Tanahashi surface layer to include a mass ratio of the ceramic particles relative to a total mass of the heat-resistant layer that is 90 mass% or higher because even if the range of prior art and the claimed range do not overlap, obviousness may still exist if the ranges are close enough that one of ordinary skill in the art would not expect a difference in properties (In re Woodruff 16 USPQ 2d 1934 (Fed. Cir. 1990)).
Regarding claim 3, Tanahashi et al discloses a positive electrode binder that contains polyvinylidene fluoride (PVdF) and negative electrode active material layer that contains styrene butadiene rubber (SBR) and carboxymethyl cellulose (CMC) as negative electrode binders, in addition to the negative electrode active material ([0060],[0069]).
However, Tanahashi et al does not expressly teach a mass ratio of the PVdF relative to a total mass of the positive electrode binder, in the positive electrode active material layer, that is 50 mass% or higher and a total mass of a mass of the SBR and a mass of the CMC relative to a total mass of the negative electrode binder, in the negative electrode active material layer, that is 50 mass% or higher (claim 3).
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Tanahashi positive electrode to include a mass ratio of the PVdF relative to a total mass of the positive electrode binder, in the positive electrode active material layer, that is 50 mass% or higher and a total mass of a mass of the SBR and a mass of the CMC relative to a total mass of the negative electrode binder, in the negative electrode active material layer, that is 50 mass% or higher because it has been held that the discovery of an optimum value of a result effective variable in a known process is ordinarily within the skill of the art. In re Boesch, 205 USPQ 215 (CCPA 1980). Where 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. In re Aller, 220 F.2d 454. 456, 105 USPQ 233, 235 (CCPA 1955)).
Regarding claim 4, Tanahashi et al discloses a height h1 (H) of the flat-shaped wound electrode body that is defined as a length thereof in a direction perpendicular to a winding axis direction of the flat-shaped wound electrode body and perpendicular to a thickness direction of the flat-shaped wound electrode body, and a ratio w1/h1 of the length w1 of the positive electrode active material layer in the width direction thereof, relative to the height h1 of the flat-shaped wound electrode body, that is 280/120=2.33, wherein w1 is the length of the positive electrode active material layer, and h1 is the height of the flat-shaped wound electrode body ([0108],[0110]).
Regarding claims 11-14, Tanahashi et al discloses a surface layer abutting the negative electrode (adhesive layer) that does not abut the band-shaped positive electrode; wherein the surface layer (adhesive layer) is provided directly on a surface of the base material layer; wherein a number of winding turns is 20 or more; wherein the negative electrode active material layer has a surface roughness of 5 um ([0071],[0084] and Fig. 10).
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Tanahashi et al (US 2022/0278374) in view of Kim et al (US 2022/0102810). The Tanahashi reference is applied to claim 1 for reasons stated above.
However, Tanahashi et al does not expressly teach at least one of the positive electrode binder and the heat-resistant layer binder that does not contain a fluorine-based binder that contains fluorine as a constituent element (claim 2).
Kim et al discloses positive electrode binder such as polyvinyl alcohol that does not contain fluorine as a constituent element ([0166]).
Therefore, the invention as a whole would have been obvious to one of ordinary skill in the art at the time the invention was made because the disclosure of Kim et al indicates that polyvinyl alcohol is a suitable material for use as positive electrode binder. The selection of a known material based on its suitability for its intended use has generally been held to be prima facie obvious (MPEP §2144.07). As such, it would be obvious to use polyvinyl alcohol.
Claims 5-9 are rejected under 35 U.S.C. 103 as being unpatentable over Tanahashi et al (US 2022/0278374) in view of Sato et al (US 2021/0344048). The Tanahashi reference is applied to claim 1 for reasons stated above.
However, Tanahashi et al does not expressly teach adhesive layer including a region having a dotted shape, in a plan view of the band-shaped separator (claim 5); adhesive layer including a region having a striped shape, in a plan view of the band-shaped separator (claim 6); adhesive layer having in a plan view of the band-shaped , a first region having at least one of a striped shape and a band shape, and a second region having a dotted shape (claim 7); adhesive layer having, in a plan view of the band-shaped separator, a first region having a band shape extending along the longitudinal direction, and a second region having a dotted shape; and in a width direction perpendicular to the longitudinal direction, the first region is provided at a pair of end portions of the band-shaped separator in a width direction, and the second region is provided between the pair of end portions (claim 8); adhesive layer having, in a plan view of the band-shaped separator, a first region having a band shape extending in the longitudinal direction, and a second region having a striped shape; and in a width direction perpendicular to the longitudinal direction, the first region is provided at a pair of end portions of the separator in a width direction, and the second region is provided between the pair of end portions (claim 9).
Sato et al discloses an adhesive material that may be applied to only part of the affixing surface, wherein the adhesive material can be applied such as to have any shape in plan view, such as a striped shape, a dotted shape, or a lattice shape, without any specific limitations. Of these shapes, application of the adhesive material with a dotted shape is preferable from a viewpoint of increasing injectability of electrolyte solution in production of a secondary battery using a laminate for a secondary battery ([0081]); wherein a coated region “81A” (second region) of each first coated section “81” is disposed throughout the entirety of the first coated section and adhesive material is not applied at parts of the first coating section “81” located at both sides in a width direction (up/down direction in Fig. 5) (first region having a band shape extending along the longitudinal direction / pair of end portions) of the affixing surface “80” ([0099] and Fig. 5).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Tanahashi separator to include an adhesive layer including a region formed to have a dotted shape, in a plan view; an adhesive layer including a region formed to have a striped shape, in a plan view; an adhesive layer having in a plan view, a first region formed to have at least one of a striped shape and a band shape, and a second region formed to have a dotted shape; an adhesive layer having, in a plan view, a first region formed to have a band shape extending along the longitudinal direction, and a second region formed to have a dotted shape; and in a width direction perpendicular to the longitudinal direction, the first region is provided at a pair of end portions of the separator in a width direction thereof, and the second region is provided between the pair of end portions; an adhesive layer having, in a plan view, a first region formed to have a band shape extending in the longitudinal direction, and a second region formed to have a striped shape; and in a width direction perpendicular to the longitudinal direction, the first region is provided at a pair of end portions of the separator in a width direction thereof, and the second region is provided between the pair of end portions in order to arrange the adhesive material in a specific pattern such that the adhesive material is applied by an inkjet method from a viewpoint of ease of application and arrangement of the adhesive material ([0081]).
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Tanahashi et al (US 2022/0278374) in view of Okada (WO 2021/241280 A1) using (US 2023/0187784) as an equivalent English translation. The Tanahashi reference is applied to claim 1 for reasons stated above.
However, Tanahashi et al does not expressly teach upon division of the separator, in a width direction perpendicular to the longitudinal direction, into a pair of end regions and a central region positioned between the pair of end regions, a basis weight of the adhesive layer that is larger in the end regions than in the central region.
Okada disclose an adhesive layer (pNS) that may be formed so that the dot density is set to be low in the above-mentioned region 382 (central region) with the low basis weight and the dot density is set to be high in the above-mentioned region 392 (end regions) with the high basis weight, to thereby form a region with the low basis weight and a region with the high basis weight as desired ([0074]).
Therefore, it would have been obvious to one of ordinary skill in the art at the time the invention was made to modify the Tanahashi separator to include upon division of the separator, in a width direction perpendicular to the longitudinal direction, into a pair of end regions and a central region positioned between the pair of end regions, a basis weight of the adhesive layer that is larger in the end regions than in the central region in order to improve liquid pouring property of the secondary battery, thereby forming bonded regions and not-bonded regions by the adhesive layer to other layers on the surfaces of the positive electrode layer and the negative electrode layer, and as a result, in the secondary battery, permeation of the electrolytic solution between the positive electrode layer and the negative electrode layer can be further facilitated, and the performance of the secondary battery can be further improved ([0074]).
Claims 1, 3, 11, and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Umeyama et al (US 2016/0336568).
Regarding claims 1 and 3, Ueyama et al discloses a secondary battery comprising:
a flat-shaped wound electrode body “20” in which a band-shaped positive electrode “30”, a band-shaped negative electrode “40”, and a band-shaped separator “50” are wound in a longitudinal direction of the flat-shaped wound electrode body; and
a battery case that accommodates the flat-shaped wound electrode body, wherein the band-shaped positive electrode has a positive electrode active material layer including a lithium-transition metal complex oxide as a positive electrode active material and a positive electrode binder,
a length w1 of the positive electrode active material layer in a width direction perpendicular to the longitudinal direction is 200 mm or larger,
the band-shaped negative electrode has a negative electrode active material layer containing graphite as a negative electrode active material,
the band-shaped separator has
a separator base “52” (base material layer),
a first resin layer “R1” (heat-resistant layer) abutting the band-shaped positive electrode “30”, and
a second resin layer “R2” (adhesive layer) abutting the band-shaped negative electrode “40”, the surface layer containing inorganic particles and a binder,
wherein the first resin layer (heat-resistant layer) abutting the positive layer containing inorganic compound (ceramic particles) and a polytetrafluoroethylene (PTFE) (heat-resistant layer binder), and the second resin layer (adhesive layer) abutting the negative electrode containing a polyvinylidene fluoride (PVDF) (adhesive layer binder) and a content of the binder that is 50 mass% or higher (based upon a content of the inorganic particles that is 50 mass% or lower), wherein the band-shaped separator is configured differently on a front and a back of the band-shaped separator based on the first resin layer abutting the positive electrode containing PTFE and the second resin layer abutting the negative electrode containing PVDF ([0026]-[0077] and Figs. 1-3).
However, Ueyama et al does not expressly teach a length of the positive electrode active material layer in a width direction perpendicular to the longitudinal direction that is 100 mm or larger and a mass ratio of the ceramic particles relative to a total mass of the heat-resistant layer that is 90 mass% or higher.
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Umeyama first resin layer to include a length of the positive electrode active material layer in a width direction perpendicular to the longitudinal direction that is 100 mm or larger and a mass ratio of the ceramic particles relative to a total mass of the heat-resistant layer that is 90 mass% or higher because it has been held that the discovery of an optimum value of a result effective variable in a known process is ordinarily within the skill of the art. In re Boesch, 205 USPQ 215 (CCPA 1980). Where 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. In re Aller, 220 F.2d 454. 456, 105 USPQ 233, 235 (CCPA 1955)). There is no evidence of criticality of the claimed length of the positive electrode active material layer and mass ratio of ceramic particles.
Regarding claim 3, Umeyama et al discloses a positive electrode binder that contains polyvinylidene fluoride (PVdF) and negative electrode active material layer that contains styrene butadiene rubber (SBR) and carboxymethyl cellulose (CMC) as negative electrode binders, in addition to the negative electrode active material ([0072],[0073]).
However, Umeyama et al does not expressly teach a mass ratio of the PVdF relative to a total mass of the positive electrode binder, in the positive electrode active material layer, that is 50 mass% or higher and a total mass of a mass of the SBR and a mass of the CMC relative to a total mass of the negative electrode binder, in the negative electrode active material layer, that is 50 mass% or higher (claim 3).
However, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the Umeyama positive electrode to include a mass ratio of the PVdF relative to a total mass of the positive electrode binder, in the positive electrode active material layer, that is 50 mass% or higher and a total mass of a mass of the SBR and a mass of the CMC relative to a total mass of the negative electrode binder, in the negative electrode active material layer, that is 50 mass% or higher because it has been held that the discovery of an optimum value of a result effective variable in a known process is ordinarily within the skill of the art. In re Boesch, 205 USPQ 215 (CCPA 1980). Where 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. In re Aller, 220 F.2d 454. 456, 105 USPQ 233, 235 (CCPA 1955)).
Regarding claims 11 and 12, Umeyama et al discloses a second resin layer (adhesive layer) that does not abut the band-shaped positive electrode; wherein the second resin layer (adhesive layer) is provided directly on a surface of the base material layer (Fig. 3).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-14 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
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/T.S.C/Examiner, Art Unit 1751
/JONATHAN G LEONG/Supervisory Patent Examiner, Art Unit 1751 5/21/2026
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