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 .
Response to Amendment and Claim Status
The amendment filed on 05/11/2026 has been entered. Applicant’s amendments to the specification and claims have overcome each and every objection to the drawings and to the claims set forth in the Office Action mailed 02/11/2026, therefore such objections have been withdrawn. Additionally, applicant’s amendments to the specification and claims have overcome some of the 112(b) rejections set forth in the previous Office Action. The 112b rejections not overcome are maintained below.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 10-11 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 10 is indefinite because of the recitation “a mass percentage of the insulation material” in line 9 of said claim. It is unclear whether “a mass percentage of the insulation material” is referring to the entire mass percentage or to a part of the mass percentage. Appropriate correction is required.
Additionally, dependent claim 11 is rejected as a result of its dependence on indefinite claim 10 as it includes all of the limitations of claim 10 and does not resolve the issues identified in rejections set forth above.
The following is a quotation of 35 U.S.C. 112(d):
(d) REFERENCE IN DEPENDENT FORMS.—Subject to subsection (e), a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
The following is a quotation of pre-AIA 35 U.S.C. 112, fourth paragraph:
Subject to the following paragraph [i.e., the fifth paragraph of pre-AIA 35 U.S.C. 112], a claim in dependent form shall contain a reference to a claim previously set forth and then specify a further limitation of the subject matter claimed. A claim in dependent form shall be construed to incorporate by reference all the limitations of the claim to which it refers.
Claim 6 is rejected under 35 U.S.C. 112(d) or pre-AIA 35 U.S.C. 112, 4th paragraph, as being of improper dependent form for failing to further limit the subject matter of the claim upon which it depends, or for failing to include all the limitations of the claim upon which it depends.
Regarding Claim 6, the recitation of “the thickness h of the coating is greater than or equal to 0.5 μm does not further limit the “h” recited in claim 5 and, further, is broader than the “h” recited in claim 5. As the average particle size of the insulation material which is set to be greater than 5 μm and less than or equal to 20 μm as set forth in claim 1 and as the thickness of the coating in claim 5 is expressed by h≥1.5xT, the thickness of the coating, h, in claim 5 has to be greater than 7.5 μm (when the average particle size of the insulation material is greater than 5 μm). Claim 6, however, recites a broader range for the thickness h of the coating which is set to be greater than or equal to 0.5 μm and therefore does not further limit claim 5.
Applicant may cancel the claim(s), amend the claim(s) to place the claim(s) in proper dependent form, rewrite the claim(s) in independent form, or present a sufficient showing that the dependent claim(s) complies with the statutory requirements.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
Claims 1, 5-6, 9-11, 13 & 16 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 2020/0161659 A1).
Regarding Claims 1, 13 & 16, Li discloses a positive electrode (positive electrode plate, [0010] & Fig. 1), comprising: a positive electrode current collector (current collector 10, [0010] & Fig. 1); a positive electrode active material layer (positive active material layer 14; [0010] & Fig. 1); and a coating (binding layer 12, [0010] & Fig. 1); wherein the positive electrode active material layer (14) and the coating (12) are provided on a surface of the positive electrode current collector (10) (see Fig. 1); an electrode assembly (positive electrode plate, [0010] & Fig. 1; see [0010] & Figure 1) and an electrochemical apparatus (secondary battery 1; see [0008]). Li further discloses wherein the coating (12) comprises a binder (binder, [0033]) and an insulation material (inorganic filler, [0011]).
Li does not explicitly disclose an adhesion between the coating (12) and the positive electrode current collector (10) is greater than or equal to 5 N/m, but teaches that the binding force between the binding layer and the current collector is preferably 10 N/m or more [0067] and further teaches that larger binding force can ensure that the binding layer effectively and reliably wraps the current collector and metal burrs generated in the current collector under abnormal conditions such as nailing penetration [0069].
When the claimed ranges overlap or lie inside ranges disclosed by the prior art, a prima facie case of obviousness exists (MPEP § 2144.05.I), and thus it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to select the overlapping portions of the ranges for the adhesion between the coating and the positive electrode current collector with a reasonable expectation that such selection would successfully result in the binding layer effectively and reliably wrapping the current collector and metal burrs generated in the current collector under abnormal conditions such as nailing penetration.
Li does not explicitly disclose wherein the average particle size of the insulation material is greater than 5 μm and less than or equal to 20 μm but discloses that the average particle diameter D of the inorganic filler in the binding layer is 0.1 μm ≤D≤10 μm [0044] and further teaches that when the particle size of the inorganic filler is too small, it will have increased specific surface area and thus side reaction will increase and when the particle size of the inorganic filler is too large, the application thickness of the binding layer is too large and the coating is not easy to be even [0044].
A result-effective variable is a variable which achieves a recognized result. The determination of the optimum or workable ranges of a result-effective variable is routine experimentation and therefore obvious (MPEP § 2144.05.II). In the instant case, the average particle size of the insulation material is a variable that achieves the recognized result of affecting the specific surface area and thus the occurrence of side reactions, as well as binder thickness and evenness of application as taught by Li, thus making the average particle size of the insulation material a result-effective variable. Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the average particle diameter D of the inorganic filler of Li such that the average particle size of the insulation material is greater than 5 μm and less than or equal to 20 μm via routine experimentation, for the purpose of achieving a suitable specific surface area and thus minimizing the occurrence of side reactions while at the same time achieving desired binder thickness and ensuring even application.
Regarding Claims 5 & 6, modified Li teaches all of the limitations as set forth above and further discloses the thickness h of the coating is greater than or equal to 0.5 µm as required by claim 6 (see thickness H of binding layer 12 is preferably 1 μm ≤ H ≤ 20 μm, [0066])
Further regarding limitation wherein a relationship between the coating and the insulation material satisfies the following: h≥1.5×T, wherein h is the thickness of the coating, and T is the average particle size of the insulation material as taught by Claim 5, said limitation is further limited by limitations of Claim 1 of instant application:
h ≥ 1.5 × T
h ≥ 1.5 × (5 µm < T < 20 µm)
h ≥ 7.5 – 30 µm
Thus, the disclosure “thickness H of binding layer 12 is preferably 1 μm ≤ H ≤ 20 μm” by Li [0066] overlaps the claimed thickness range. Further Li discloses that if the thickness is too small, it is not enough to ensure that the binding layer has the effect of improving safety performance of the battery and if it is too large, the internal resistance of the battery will increase seriously, which will affect electrochemical performance of the battery during normal operation.
A result-effective variable is a variable which achieves a recognized result. The determination of the optimum or workable ranges of a result-effective variable is routine experimentation and therefore obvious (MPEP § 2144.05.II). In the instant case, the thickness of the coating is a variable that achieves the recognized result of affecting the safety and electrochemical performance of the battery as disclosed by Li, thus making the thickness of the coating a result-effective variable. Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the thickness of the binding layer of Li such that the thickness h of the coating is greater than or equal to 0.5 µm via routine experimentation, for the purpose of achieving a suitable safety and electrochemical performance of the battery.
Regarding Claim 9, modified Li discloses all of the claim limitations as set forth above and further teaches wherein the binder (binder, [0033]) comprises at least one selected from polyvinylidene fluoride, polytetrafluoroethylene, sodium carboxymethyl cellulose, styrene-butadiene rubber, nitrile rubber, polyurethane, fluorinated rubber, polyvinyl alcohol, or sodium polyacrylate (Li discloses PVDF, [0033]).
Regarding Claim 10, modified Li discloses all of the claim limitations as set forth above and further Li discloses wherein at least one of the following conditions is satisfied:
d. the insulation material (inorganic filler, [0011]) comprises at least one of an inorganic insulation material or an organic insulation material, wherein the inorganic insulation material comprises at least one element of Ba, Ca, Al, Si, Ti, Mg, Fe, or B, and the organic insulation material comprises at least one of a homopolymer or copolymer of the following compositions: ethylene, vinyl chloride, propylene, styrene, butadiene, vinylidene fluoride, tetrafluoroethylene, or hexafluoropropylene (Li discloses inorganic filler such as silicon dioxide which read on Si; see [0047]); or
e. based on the mass of the coating, the mass percentage of the binder is 2% to 100%, and a mass percentage of the insulation material is 0% to 98%.
Regarding Claim 11, modified Li discloses all of the claim limitations as set forth above and further teaches wherein the inorganic insulation material (inorganic filler, [0011]) comprises at least one selected from BaSO4, CaSiO3, CaSiO4, γ-AlOOH, Al2O3, TiO2, SiO2, SiC, SiN, MgO, Fe2O3, or BN (Li discloses SiO2; see [0047]).
Claims 2, 12, 14-15 & 17-18 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US 2020/0161659 A1) as applied to Claims 1, 13 and 16 in view of Koseki (WO 2020162598 A1; see machine translation).
Regarding Claims 2, 14 & 17, modified Li discloses all of the claim limitation as set forth above. While Li discloses that the binding layer 12 is disposed between the current collector 10 and positive active material layer 14 (see [0011] & Fig. 1), it does not explicitly disclose an edge of the positive electrode wherein the coating (12) is located on at least one of the following positions:
a. an end portion of the positive electrode current collector (10) in a length direction;
b. an edge of the positive electrode current collector (10) in a width direction; or
c. between adjacent portions of the positive electrode active material layer (14) along a length direction of the positive electrode current collector (10),
Koseki discloses a positive electrode (positive electrode 10, [0008], [0048] & Fig. 1), comprising: a positive electrode current collector (current collector 20, [0008], [0020] & Fig. 1); a positive electrode active material layer (electrode active material 30; [0008], [0022] & Fig. 1); and a coating (insulating layer 40, [0008], [0022] & Fig. 1); an electrode assembly (lithium-ion secondary battery electrode 10 which is comprised of positive electrode 10; see [0047] -[0048]) and an electrochemical apparatus (lithium-ion secondary battery 1 which is comprised of lithium-ion secondary battery electrode 10; see [0046]-[0050]). Further, Koseki discloses that the insulating layer 40 is disposed adjacent to the end 31 of the electrode active material layer 30 and so as to cover the end 31 (see [0009] & Figure 5) which reads on b. an edge of the positive electrode current collector (10) in a width direction and further discloses that if there is a burr on the opposing side of the electrodes, the burr will come into contact with the insulating layer 40 and further teaches that since burrs are unlikely to penetrate through the insulating layer 40, short circuits caused by the burrs on the electrodes can be more reliably prevented [0009].
Li and Koseki are analogous art to the claimed invention as both references are in the field of lithium ion secondary batteries. It therefore would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have modified the binding layer of Li such that it is disposed at the end and straddles the positive active material layer as taught by Koseki to ensure that when there is a burr on the opposing electrode, the insulating layer prevents the burr from penetrating through and thus prevent short circuits.
It therefore would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to have modified the binding layer of Li such that it is disposed at the edge of the positive electrode current collector and straddles the positive active material layer as taught by Koseki to ensure that when there is a burr on the opposing electrode, the insulating layer prevents the burr from penetrating through and thus prevent short circuits.
Regarding Claim 12, modified Li discloses all of the claim limitations as set forth above and further teaches wherein the surface of the positive electrode current collector facing toward the coating is at least partially provided with the positive electrode active material layer, (Koseki discloses a surface of the current collector 20 facing toward the insulating layer 40 is covered with electrode active material 30 (see Figure 1)).
Regarding Claims 15 and 18, modified Li discloses all of the claim limitations as set forth above and further teaches wherein at least one of the following conditions is satisfied:
f. the coating is present on an outer surface of the electrode assembly;
g. the coating is present on an edge of the positive electrode in the width direction of the
positive electrode current collector; or
h. the positive electrode comprises a positive electrode tab, and the coating is present on a surface of the positive electrode tab,
Koseki discloses that insulating layer 40 is disposed adjacent to an end 31 of the positive electrode active material 30 and covers the end of the positive electrode active material 30 thus straddling the surface of the electrode active material layer 30 and the surface of the current collector 20 in both longitudinal and width directions (see Figure 1 and [0008]) which reads on the coating is present on an edge of the positive electrode in the width direction of the positive electrode current collector.
Claims 7, 8, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Li (US2020161659A1) as applied to Claims 1 & 16 above and further in view of Suzuki (JP 2012140702 A; see machine translation).
Regarding Claims 7-8 & 20, modified Li discloses all of the limitations as set forth above but does not explicitly teach wherein a relationship between the coating and the positive electrode current collector satisfies the following: h>(H x p x x)/k, wherein h is the thickness of the coating, x is the elongation rate of the positive electrode current collector, p is the strength of the positive electrode current collector, H is the thickness of the positive electrode current collector, and k is equal to 100 MPa (as taught by Claims 7 & 20) and wherein the elongation rate x of the positive electrode current collector is in a range of 1.5% to 3.5%, the strength p of the positive electrode current collector is in a range of 100 MPa to 300 MPa, and the thickness H of the positive electrode current collector is in a range of 5 µm to 20 µm (as taught by Claim 8).
Regarding wherein the elongation rate x of the positive electrode current collector is in a range of 1.5% to 3.5%, Li teaches elongation rate x as elongation at break δ of the current collector is preferably 0.8%≤δ≤4% [0076] and thickness H of the positive electrode current collector is in a range of 5 µm to 20 µm as thickness of the current collector is preferably from 4 μm to 16 μm [0077].
Li further teaches that if the elongation at break of the current collector is too large, the metal burrs will be larger when punctured which is not conducive to improving safety performance of the battery and if the elongation at break of the current collector is too small, breakage is likely to occur during processing such as plate compaction or when the battery is squeezed or collided, thereby degrading quality or safety performance of the battery and teaches that to improve safety performance, particularly during nail penetration, the elongation at break δ of the current collector should be no more than 4% and not less than 0.8% [0076].
A result-effective variable is a variable which achieves a recognized result. The determination of the optimum or workable ranges of a result-effective variable is routine experimentation and therefore obvious (MPEP § 2144.05.II). In the instant case, the elongation rate is a variable that achieves the recognized result of affecting the safety performance of the battery during nail penetration, as taught by Li, thus making the elongation rate a result-effective variable. Therefore, it would have been obvious to a person of ordinary skill in the art prior to the effective filing date of the claimed invention to modify the elongation at break of Li such that elongation rate x of the positive electrode current collector is in a range of 1.5% to 3.5% via routine experimentation, for the purpose of achieving a suitable safety performance of the battery during nail penetration.
Li is silent on the strength p of the positive electrode current collector is in a range of 100 MPa to 300 MPa and thus silent on the relationship of Claims 7 & 20.
Suzuki teaches a positive electrode (abstract), positive electrode current collector (abstract), positive electrode active material ([0002]), and a lithium-ion battery (abstract). Suzuki further teaches an aluminum-alloy foil as a positive current collector in a lithium-ion battery with a tensile strength of 190 MPa or more and an elongation rate of 3% or more (see [0007]). Suzuki discloses that plain aluminum foil is disposed to softening and strength reduction in electrode manufacturing processes due to heating in the drying process and thus to prevent deformation of the aluminum foil, it is advantageous to use foils with excellent tensile strength and elongation rate such as an aluminum alloy foil containing Mn or Cu as a positive electrode current collector (see [0003], [0005]-[0006]). Suzuki teaches an aluminum alloy foil thickness preferably in the range of 12μm to 30μm (see [0019]) and further discloses that an aluminum alloy foil positive electrode current collector with tensile strength of 190 MPa or more and elongation rate of 3% is able to withstand breakage upon deformation by crushing and thus prevent short-circuit (see [0023]).
Li and Suzuki are analogous art to the claimed invention as both references are in the same filed of lithium-ion batteries. It therefore would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to replace the current collector of Li with the aluminum alloy foil current collector, as taught by Suzuki for the purpose of having a current collector that is not disposed to softening and strength reduction in electrode manufacturing processes due to heating in the drying process and thus to prevent deformation of the current collector.
Therefore, modified Li has a positive electrode current collector with a thickness of coating h (thickness of binding layer H as 1 μm≤H≤20 μm (Li, [0066], thickness of the H of the current collector is preferably from 4 μm to 16 μm (Li, [0077]), strength of the positive electrode current collector p as 190 MPa (Suzuki, [0007]) and elongation rate x of the positive electrode current collector as 0.8% ≤δ≤ 4% (Li, [0076]). Regarding the relationship between the coating and the positive electrode current collector, for a thickness of the H of the current collector of 10μm (Li, [0077]) and for an elongation rate of 3% (Li, [0076]), the above properties of the positive electrode current collector of modified Li is satisfied:
h ≥ H × p × x/k,
1 μm - 20 μm ≥ 10 μm × 190 MPa × 0.03 / 100 MPa
1 μm - 20 μm ≥ 0.57 μm
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Li (US2020161659A1) as applied to Claim 1 above and further in view of in view of Mizokawa (JP2004063343A; see machine translation).
Regarding Claim 21, modified Li discloses all of the claim limitations as set forth above.
wherein the coating is located at least between adjacent portions of the positive electrode active material layer along a length direction of the positive electrode current collector.
Mizokawa teaches a positive electrode comprising an active material layer formed on a current collector and further teaches an insulating coating that is fixed to a part or all of the exposed surface of at least one current collector (see P5/L1-8). Mizokawa further teaches that when manufacturing the positive electrode, a slurry containing the active material and binder is first applied to the current collector followed by applying a coating slurry containing the powder to the exposed surface of the current collector by spraying wherein the insulating coating covers the entire exposed surface of the current collector (see P9/L16-P11/L5) and Figure 2 which shows the coating 11a, 11b and 11c located adjacent to the active material 9, thus when entire exposed surface of the current collector is sprayed the coating, it covers the current collector along the length direction. Further, Mizokawa describes the coating as film (P10/L3) therefore spraying a slurry containing the insulating coating would result in the formation of an insulating film on all sides active material layer. Additionally, Mizokawa further teaches that the exposed part of the current collector acts as a short-circuit path and thus when covered with insulating coating which has good heat resistance, the flow of large currents between electrodes can be prevented thus minimizing accidents that can lead to overheating of the secondary battery (see P11/L19-P12/L19).
Mizokawa and Li are analogous art to the claimed invention as both references are in the field of lithium ion batteries. It therefore would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have coated the entire surface of the positive current collector of Li with an insulating coating, as taught by Mizokawa such that there are no short-circuit paths to allow for flow of large currents which can lead to overheating of the battery.
Response to Arguments
Applicant’s arguments with respect to claims 1, 13, & 16 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.
Further, regarding Claims 2, 14, 17 and 21, applicant states that Koseki neither discloses nor suggests a coating located between adjacent portions of the positive electrode active material layer along the length direction of the current collector” (P13). This argument was fully considered but is found not persuasive. Said limitation (position c) is recited in alternative form in claims 2, 14, 17 and Koseki was not relied upon to meet this limitation. However, the examiner has relied upon Koseki to meet the one of the alternative positions recited in claims 2, 14 & 17 (position b) as set forth in the rejection above.
Secondly, regarding newly presented claim 21, Koseki was not relied upon to meet this limitation. The examiner has relied upon Mizokawa, as set forth in the rejection above, to shows that said limitation would be obvious. Mizokawa discloses that the insulating coating is sprayed on the entire exposed surface of the current collector after a slurry of the active material and binder are coated on the current collector. Such disclosure implies that the insulating coating is applied in all directions which includes adjacent to the positive electrode active material layer and along a length direction of the current collector as depicted in Figure 4 and thus satisfied the limitation of claim 21. Further, Mizokawa describes the coatings as films thus spraying the entire exposed surface of the current collector would ultimately result in the formation of insulating coating film adjacent to the active material layer.
Conclusion
Applicant's amendment necessitated the new grounds 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 FIKI V OWHOSO whose telephone number is (571)272-3418. The examiner can normally be reached Monday - Friday 9:00 am - 5:00 pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia Ridley can be reached at 5712725453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/F.V.O./Examiner, Art Unit 1725
/BASIA A RIDLEY/ Supervisory Patent Examiner, Art Unit 1725
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