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 .
Claim Rejections - 35 USC § 103
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(s) 1-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Choi (US 2018/0248195 A1) in view of in view of JP175 ( JP2018533175A, Machine Translation).
Regarding claims 1, 2, 12, and 13, Choi discloses an electronic device comprising: a secondary battery ([0015][0027]-[0098]), comprising (See Figs. 1-2) :
a positive electrode plate (See Figs. 1 and 2, 10, 100), wherein the positive electrode plate comprises a current collector (1/11) and a positive active material layer (all materials shown which form layer on 1/11); and
the positive active material layer comprises a positive active material (2a/12a) and a carbon material (2b and 3/3a),
wherein the carbon material comprises carbon nanotube bundles (first carbon nanotubes, 2b, [0069][0071][0072], diameter of 10 nm to 100 nm), wherein each carbon nanotube bundle comprises a plurality of first carbon nanotubes wherein a diameter of each first carbon nanotube is 15 nm to 40 nm.
It would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
However, Choi does not explicitly disclose the dimensions of the bundles.
JP175 discloses bundles formed of the same type of nanotube as disclosed by Choi (see pg. 4 ) forming bundles having a diameter of less than 10-20 nm and a length of 1 to 200 µm (see pg. 4) which results in an average ratio of bundle length to bundle diameter ranging from approximately 50-20000 used in a cathode battery material and result in favorable battery characteristics (see Table 1, see pg. 16 and 17).
It would have been obvious to one of ordinary skill in the art at the time of the invention to modify the carbon nanotube bundles to be within the size dimension ranges of Choi to be those as disclosed JP175 because JP175 discloses that these carbon nanotube bundles can be formed from the same nanotube materials disclosed by Choi and Choi discloses that a nanotube bundles should be used and furthermore because this results in favorable battery characteristics for cathode materials.
Furthermore, it would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges for the bundle length to diameter ratios and length and diameters as disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
Regarding claims 5 and 16, modified Choi discloses all of the claim limitations as set forth above.
In addition, Choi discloses wherein the carbon material further comprises second carbon nanotubes (3/3a), and the second carbon nanotubes are provided on a surface of a particle of the positive active material and a surface of the carbon nanotube bundles (See Fig. 1A, 3a overlap 2b and 2a [0090][0086]).
Regarding claims 6 and 17, modified Choi discloses all of the claim limitations as set forth above.
In addition, Choi discloses wherein the second carbon nanotubes satisfy 10 nm to 100 nm ([0072] [0086]-can be the same as the first carbon nanotubes).
However, Choi does not disclose an average diameter of the second carbon nanotubes is 3 nm to 40 nm.
It would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges for average diameter of the second carbon nanotubes as disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
Regarding claims 7 and 18, modified Choi discloses all of the claim limitations as set forth above.
In addition, Choi discloses wherein based on a total mass of the positive active material layer, a mass percent of the carbon nanotube bundles is 0.1 % to 1 % ([0077] 0.2 wt%-2 wt%).
It would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges for the bundle length to diameter ratios and length and diameters as disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
Regarding claims 8 and 19, modified Choi discloses all of the claim limitations as set forth above.
In addition, Choi discloses wherein a mass percent of the carbon nanotube bundles is less than a mass percent of the second carbon nanotubes based on a total mass of the positive active material layer ([0145]).
Regarding claims 11 and 20, modified Choi discloses all of the claim limitations as set forth above.
In addition, Choi discloses wherein based on a total mass of the positive active material layer, a mass percent of the carbon nanotube bundles is 0.1 % to 1 % ([0077] 0.2 wt%-2 wt%) and the second carbon nanotube material is in an amount of less than that of the carbon nanotube bundles ([0091][0092]).
However, Choi does not disclose wherein based on a total mass of the positive active material layer, a mass percent of the carbon material is 0.1 % to 1 %.
It would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges for the weight of carbon material as disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
Regarding claims 3, 9, 10, 14 and 20, modified Choi discloses all of the claim limitations as set forth above.
However, Choi does not disclose the following characteristics:
wherein a number of carbon nanotube bundles within an area of 20 μm x 20 μm of an SEM image is m, and 2≤m≤30 (claim 3 and claim 14)
wherein a fully-charged-state film resistance of the positive electrode plate is R Ω, and a number of carbon nanotube bundles within an area of 20 μm x 20 μm of an SEM image is m; and R x m≤ 5 (claim 9, claim 20)
wherein a fully-charged-state film resistance of the positive electrode plate is 0 Ω< R ≤ 0.5 Ω (claim 10 and claim 20)
Choi discloses that the number of bundles effect both the conductivity and the output characteristics of the bundles ([0077])
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the number of carbon nanotube bundles of modified Choi to be within the range claimed to achieve the resistivity as claimed because Choi teaches it is obvious to do so.
Regarding claims 4 and 15, modified Choi discloses all of the claim limitations as set forth above.
However, modified Choi does not disclose:
an average number of first carbon nanotubes in each carbon nanotube bundle is n, and 50≤n≤ 10000 (claim 4 and claim 15)
JP175 discloses that the size of carbon nanotube should selected to optimize the electrode density and the dispersibility of nanotubes (pg. 4 paragraph 7).
It would have been obvious to one of ordinary skill in the art at the time of filing to modify the number of carbon nanotubes within the bundle of Choi to be within the range claimed because as disclosed by JP175 because it will allow for optimization of electrode density and the dispersibility of nanotubes.
Response to Arguments
Applicant’s arguments with respect to claim(s) 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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DEVINA PILLAY whose telephone number is (571)270-1180. The examiner can normally be reached Monday-Friday 9:30-6:00.
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DEVINA PILLAY
Primary Examiner
Art Unit 1726
/DEVINA PILLAY/ Primary Examiner, Art Unit 1726