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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in China on 10/18/2021. It is noted, however, that applicant has not filed a certified copy of the CN202111212279.6 application as required by 37 CFR 1.55.
Election/Restrictions
Applicant’s election without traverse of Group I (claims 1-10) in the reply filed on 04/30/2026 is acknowledged.
Claims 11-20 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Groups II and III, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 04/30/2026.
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: "30", as seen in Fig. 4. The drawings are also objected to because it is believed that reference characters “22” and “23” should be switched in Fig. 3. Paragraph [0065] of the instant specification states that “a separator layer 23 [is] provided between the positive electrode sheet 21 and the negative electrode sheet 22.” However, Fig. 3 clearly shows that character “22” is between “21” and “23”. Thus, amending Fig. 3 such that reference characters “22” and “23” are switched would remedy this discrepancy with the specification. Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 102
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 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.
Claims 1-8 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Matsuda (EP 0834941).
Regarding claim 1, Matsuda discloses an electrode sheet (anode, cathode) (title; abstract), comprising: a current collector (8, 9); a membrane layer (1, 2), comprising an active substance; and an insulating protective layer (3), the insulating protective layer covering the membrane layer (1, 2) (see Figs. 3 and 4; pg. 3, lines 40-55; pg. 12, lines 44-54; pg. 13, line 53-pg. 14, line 1), wherein the insulating protective layer comprises a hole (pores) for ion migration in the active substance and preventing a separation of the active substance (pg. 3, lines 9-10; pg. 4, lines 25-38).
Regarding claim 2, Matsuda discloses all of the limitations as set forth above for claim 1. Matsuda further discloses that the insulating protective layer (3) comprises a polymer (abstract; pg. 3, lines 1-5; pg. 5, lines 4-7).
Regarding claim 3, Matsuda discloses all of the limitations as set forth above for claim 1. Matsuda further discloses that an aperture of the hole (pore size) is between 100 and 1,500 nm (pg. 3, lines 9-10). Matsuda further gives a specific example in which an aperture of the hole (pore size) is 890 nm (see Examples 1-3 and 14-26 in Table 3), which is equal to 0.89 µm, reading on the claimed range of 0.05 µm to 8 µm.
Regarding claim 4, Matsuda discloses all of the limitations as set forth above for claim 1. Matsuda further discloses that a thickness of the insulating protective layer (3) can be about 10 µm (pg. 4, lines 25-38), reading on the claimed range of 1 µm to 10 µm.
Regarding claim 5, Matsuda discloses all of the limitations as set forth above for claim 1. Matsuda further discloses that the membrane layer (1, 2) comprises a first membrane layer and a second membrane layer located on opposite sides of the current collector (8, 9) (see Modified Figure 4 below); and the insulating protective layer (3) comprises: a first insulating protective layer covering the first membrane layer, and a second insulating protective layer covering the second membrane layer (see Modified Figure 4 below).
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Modified Figure 4, Matsuda
Regarding claim 6, Matsuda discloses an electrode assembly (title; abstract), comprising the electrode sheet (anode, cathode) according to claim 1 (see Figs. 3 and 4; pg. 10, lines 1-22).
Regarding claim 7, Matsuda discloses all of the limitations as set forth above for claim 6. Matsuda further discloses that the electrode assembly comprises a positive electrode sheet (cathode); a negative electrode sheet (anode); and a separator layer (12) provided between the positive electrode sheet (cathode) and the negative electrode sheet (anode) (see Fig 4; pg. 3, lines 40-55; pg. 13, lines 26-33).
Regarding claim 8, Matsuda discloses a battery cell (see Figs. 1 and 2), comprising: a housing (5), the housing comprising an accommodating cavity (see Figs. 1 and 2; pg. 3, lines 40-55); and the electrode assembly according to claim 6 (see reference numbers 1-3 and 8-9 in Figs. 1 and 2), the electrode assembly being located in the accommodating cavity (see Figs. 1 and 2; pg. 10, lines 1-22).
Claims 1-10 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Morishima (US 2012/0021264).
Regarding claim 1, Morishima discloses an electrode sheet (34) (abstract), comprising: a current collector (342); a membrane layer (344), comprising an active substance; and an insulating protective layer (346), the insulating protective layer (346) covering the membrane layer (344) (see Fig. 3; [0051]), wherein the insulating protective layer comprises a hole (pores) for ion migration in the active substance and preventing a separation of the active substance ([0051]-[0052]; [0015]).
Regarding claim 2, Morishima discloses all of the limitations as set forth above for claim 1. Morishima further discloses that the insulating protective layer (346) comprises a polymer ([0070]).
Regarding claim 3, Morishima discloses all of the limitations as set forth above for claim 1. Morishima further discloses that an aperture of the hole (pore size) is between 0.1 µm and 4 µm ([0052]), reading on the claimed range of 0.05 µm to 8 µm.
Regarding claim 4, Morishima discloses all of the limitations as set forth above for claim 1. Morishima further discloses that a thickness of the insulating protective layer (346) is between 1 µm and 6 µm ([0065]), reading on the claimed range of 1 µm to 10 µm.
Regarding claim 5, Morishima discloses all of the limitations as set forth above for claim 1. Morishima further discloses that the membrane layer (344) comprises a first membrane layer and a second membrane layer located on opposite sides of the current collector (342) (see Modified Figure 3 below; [0088]); and the insulating protective layer (346) comprises: a first insulating protective layer covering the first membrane layer; and a second insulating protective layer covering the second membrane layer (see Modified Figure 3 below; [0089]).
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Modified Figure 3, Morishima
Regarding claim 6, Morishima discloses an electrode assembly (30) (abstract), comprising: the electrode sheet (34) according to claim 1 (see Fig. 3; abstract; [0011]-[0012]; [0051]).
Regarding claim 7, Morishima discloses all of the limitations as set forth above for claim 6. Morishima further discloses that the electrode assembly (30) comprises a positive electrode sheet (32); a negative electrode sheet (34); and a separator (35) provided between the positive electrode sheet (32) and the negative electrode sheet (34) (see Fig. 3; abstract; [0011]-[0012]; [0051]).
Regarding claim 8, Morishima discloses a battery cell (10), comprising: a housing (11), the housing comprising an accommodating cavity (see Figs. 1 and 2; [0083]); and the electrode assembly (30) according to claim 6, the electrode assembly (30) being located in the accommodating cavity (see Figs. 1 and 2; [0083]).
Regarding claim 9, Morishima discloses a battery (60), comprising: a box body (68+69+71); and the battery cell (10) according to claim 8, the battery cell (10) being accommodated in the box body (68+69+71) (see Fig. 6; [0100]-[0101]).
Regarding claim 10, Morishima discloses a power consumption device (automobile), comprising: the battery (60) according to claim 9 (see Fig. 9; [0131]); and a power consuming assembly (motor), the power consuming assembly (motor) being electrically coupled to the battery (60) (see Fig. 9; [0131]; [0025]; [0042]; [0061]).
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.
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 9-10 are rejected under 35 U.S.C. 103 as being unpatentable over Matsuda (EP 0834941) in view of Morishima (US 2012/0021264).
Regarding claims 9 and 10, Matsuda discloses all of the limitations as set forth above for claim 8. Matsuda further discloses that the battery cell is intended to be used in a power consumption device (electric motor vehicle) (pg. 8, lines 55-58). Matsuda fails to explicitly disclose, however, a battery comprising a box body wherein the battery cell is accommodated. Matsuda also fails to explicitly disclose that the power consumption device comprises this battery and a power consuming assembly which is electrically coupled to the battery.
However, this configuration is common in the art, especially for batteries used in electric vehicles. For instance, Morishima teaches a similar battery cell (10) comprising an electrode assembly (30) within a housing (11) (see Figs. 1 and 2; [0083]). Morishima further teaches that this battery cell (10) can be used within a battery (60) which comprises a box body (68+69+71), wherein the battery cell (10) is accommodated in the box body (68+69+71) (see Fig. 6; [0100]-[0101]). Furthermore, Morishima teaches that this battery (60) can be used within a power consumption device (automobile), the power consumption device (automobile) comprising a power consuming assembly (motor) that is electrically coupled to the battery (60) (see Fig. 9; [0131]; [0025]; [0042]; [0061]). Morishima further teaches that such a configuration is suitable for an electric motor vehicle ([0025]; [0042]; [0061]; [0131]).
Therefore, it would have been obvious to one having ordinary skill in the art before the effective filing date of the claimed invention to have used the battery cell disclosed by Matsuda within the claimed battery and power consumption device, as taught by Morishima, because they would have had a reasonable expectation that doing so would be a suitable configuration for an electric motor vehicle.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRENDON C DARBY whose telephone number is (571)272-1225. The examiner can normally be reached Monday - Friday: 7:30am - 5:00pm.
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/B.C.D./Examiner, Art Unit 1749
/KATELYN W SMITH/Supervisory Patent Examiner, Art Unit 1749
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