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 .
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on 2/23/2026 is acknowledged.
Upon further consideration the restriction of Group II dated 1/22/2026 is withdrawn. The restriction of Group III still stands however.
Claims 13-14 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected invention, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 2/23/2026.
Applicant is reminded that upon the cancelation of claims to a non-elected invention, the inventorship must be corrected in compliance with 37 CFR 1.48(a) if one or more of the currently named inventors is no longer an inventor of at least one claim remaining in the application. A request to correct inventorship under 37 CFR 1.48(a) must be accompanied by an application data sheet in accordance with 37 CFR 1.76 that identifies each inventor by his or her legal name and by the processing fee required under 37 CFR 1.17(i).
Claim Rejections - 35 USC § 102/103
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 1, 3-9, 11-12 and 15-16 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over US 20170373284 A1, DURSTOCK et al.
Regarding claims 1, 3-7, 9 and 11. DURSTOCK [0017] discloses a negative electrode for a non-aqueous electrolyte secondary battery comprising
[0146] a negative-electrode mixture layer containing a negative-electrode active material on the surface of a current collector which also satisfies the limitations in claim 3, wherein
[0146] the negative-electrode mixture layer on one surface of the current collector has a thickness of 35 μm or more and less than 50 μm,
DURSTOCK [0146] discloses that the samples are coated on the foil in a range of 50-60 µm and is thereby obvious over and anticipating the claimed instant range of 35-50 µm in claim 1 and the limitations of claim 4 which is under 100µm.
DURSTOCK does not explicitly disclose the physical properties of Rs/(ρv x d) is a value described below, where Rs is an interface resistance (Ωcm2) between the negative-electrode mixture layer and the current collector, ρv is a volume resistivity (Ωcm) of the negative-electrode mixture layer, and d is the a thickness (cm) of the negative-electrode mixture layer on one surface of the current collector, when the thickness of the negative-electrode mixture layer is 35 μm or more and less than 50 μm, Rs/(ρv x d) is 5 to 20, when the thickness of the negative-electrode mixture layer is 50 μm or more and 100 μm or less, Rs/(ρv x d) is 10 to 38.5.
DURSTOCK [0146] Example 1 does however disclose a method for manufacturing a negative electrode for a non-aqueous electrolyte secondary battery, comprising, when forming a negative-electrode mixture layer containing a negative-electrode active material on one surface or both surfaces of a current collector:
adjusting a thickness of the negative-electrode mixture layer on one surface of the current collector to 35 μm or more and less than 50 μm, in the instant case DURSTOCK [0146] discloses a range of 50-60µm
DURSTOCK does not disclose making adjustments according to claim 9 with respect to physical properties by adjusting Rs/(ρv x d) to 5 to 20, where Rs is an interface resistance (Ωcm2) between the negative-electrode mixture layer and the current collector, ρv is a volume resistivity (Ωcm) of the negative-electrode mixture layer, and d is the thickness (cm) of the negative-electrode mixture layer, to values described below;
when the thickness of the negative-electrode mixture layer is 35 μm or more and less than 50 μm, Rs/(ρv x d) is 5 to 20,
when the thickness of the negative-electrode mixture layer is 50 μm or more and 100 μm or less, Rs/(ρv x d) is 10 to 38.5
as well as adjusting an interface resistance Rs (Ωcm2) between the negative-electrode mixture layer and the current collector and a thickness d (cm) of the negative-electrode mixture layer on one surface of the current collector so as to satisfy a relationship: Rs ≤ 1.67d + b, where b is -0.01 or more and 0 or less according to the limitations of instantly claimed claim 11,
However, when referencing the instant specification for the method of making the claimed anode a person of ordinary skill in the art would have understood that the similarities would render obvious over and anticipated the physical properties that are instantly claimed.
When the reference discloses all the limitations of a claim except a property or function, and the examiner cannot determine whether or not the reference inherently possesses properties which anticipate or render obvious the claimed invention but has basis for shifting the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § § 2112- 2112.02.
DURSTOCK does not explicitly disclose the properties as claimed in the instant application, however because of the application of the anode active material along with the same binder (PVDF) and conductive additive (graphite) it would be reasonable to conclude that the properties of negative electrode would also be the same.
This also applies to the physical properties being claimed in claims 6 and 7.
DURSTOCK discloses the method of making the claimed anode thereby anticipating the claimed physical properties and likewise a person of ordinary skill in the art would have found it obvious to have used these methods disclosed by DURSTOCK in order to produce an anode with the same properties before the effective filing date.
Regarding claim 8 and 15. DURSTOCK discloses a non-aqueous electrolyte secondary battery comprising:
[0031] a positive electrode called a cathode;
[0017] a negative electrode;
[0017] a separator interposed between the positive electrode and the negative electrode; and
[0017] a non-aqueous electrolyte, wherein
DURSTOCK discloses the negative electrode is the negative electrode for a non-aqueous electrolyte secondary battery according to claim 1 or claim 3 meeting the limitations of claim 8.
Regarding claims 12 and 16. DURSTOCK a method for manufacturing a non-aqueous electrolyte secondary battery including a [0031] positive electrode, [0017] a negative electrode, [0017] a separator interposed between the positive electrode and the negative electrode, and [0017] a non-aqueous electrolyte, wherein
a negative electrode for a non-aqueous electrolyte secondary battery manufactured using the method for manufacturing a negative electrode for a non-aqueous electrolyte secondary battery according to claims 9 and 11 is used as the negative electrode as detailed in the rejections of claims 9 and 11 above.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20090004566 A1, SHIRANE et al.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to LAWRENCE LA RAIA III whose telephone number is (703)756-5441. The examiner can normally be reached Mon-Thur 6:00am-4:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached at (571) 272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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LAWRENCE LA RAIA III
Examiner
Art Unit 1727
/L.L./Examiner, Art Unit 1727
/Maria Laios/Primary Examiner, Art Unit 1727
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