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
Claims 1-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected composition, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 3/24/2023.
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.
Claim(s) 12-18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato et al (2021/0159505) in view of Sakurai et al (2019/0044118).
Kato et al comprises a battery comprising an electrolyte, a positive electrode, and a negative electrode wherein the positive electrode includes a current collector, an active material layer on a part of the collector surface, and an insulating layer on a part of the collector not comprising the active material (claim 1). The insulating layer comprises an inorganic filler and solvent (claim 1, [0037], [0040]) and a binder, wherein the layer has a thickness of preferably20 microns or less, preferably 8 microns or less ([0039]; instant claim 14). The layer is on the surface of a collector and adjoins the edge of the active material layer and along in the length direction of the active layer (instant claims 12 and 13).
The reference teaches that the binder resin for the layer may be any suitable various resin and may be that as described for the active material layer ([0038]).
Sakurai et al disclose a battery and separator, wherein the separator comprises a substrate, and a porous layer on each side of the substrate, and wherein the reference teaches that the resin in the porous layers of the separator may be the those as suggested for use in the positive active material layer ([0158]).
The reference teaches that the resins for the porous layer that may be included in the active material layer includes an acrylic-type resin and a heat-resistant resin having a Tg of 200 o C (claim 1). The heat-resistant resin is preferably polyamideimide, and polyacrylamide (instant first resin having a Tg of above 80 o C), and the Tg of the acrylic resin is less than 0 o C (instant second resin having a Tg of less than 5 o C; claims 1-7). While the reference prefers the inclusion of PVdF, the reference also provides a broader teaching of a fluorine-free layer composition.
The combination of resins having the specific Tgs improves the heat-resistance, adhesion, and reducing thermal shrinkage of the battery layer components.
Given the teachings of the references, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the instant invention to prepare the material of Kato et al, choosing as the binder resin for the insulating layer, that as taught by Sakurai et al, having a fluorine-free resin blend having one resin with a Tg of greater than 200 o C, an done of less than 0 o C, wherein the resultant insulating layer demonstrates improved shrinking and heat resistance, and adhesion.
The resins as disclosed fall within the scope of those required for the first and second resin, including the resins as cited by the reference as possessing the claimed properties, therefore the resins of the reference also meet the liquid absorbency in electrolyte limitation.
The Kato et al reference teaches that the insulating layer includes a first insulating layer disposed along an end portion of the positive electrode active material layer, and a second insulting layer formed at apposition facing an end portion of the negative active material, therefore on either side of the collector as required by the instant claim 13 (abstract, [0011]).
The thickness of the layers is between 20 microns or less, preferably 8 microns or less, with examples between 1 and 100 microns in Table 1([0039], examples at 12 microns, [0072]]), and the width Lc is about 20% to 60% Ld, wherein Ld includes Le and Lc. Le is set to be 20 to 10,000, preferably 50 to 500 microns (0.02 to 10mm, 0.05 to 0.5 mm), and Lc is about 50% of L3 (see figure 4 and [0031]-[[0036]), the width of the insulating layers can be estimated to fall within the claimed range of 0.1 to 15 mm as set forth by the instant claim 14.
Alternatively, the ranges set by the reference are broad, and the widths of the insulating material adjusted to prevent a shot circuit based upon the other layer coatings’ widths and thicknesses, therefore, it would have been obvious to one of ordinary skill in the art to prepare the device having an insulating layer width a width falling within the claimed range given the teachings of the reference through routine experimentation and optimization of the properties to achieve a battery with decreased short circuiting.
The material, battery, battery pack/ module and device (power supply for a vehicle [0012]) are known in the art and the reference material would meet the limitations of the instant claims 15-18.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. Jo et al (11,462,772) teach a heat-resistant insulting adhesive material in contact with the electrode tabs and active material layer, but is not in contact with the collector, and does not teach a blend having the Tgs as claimed, and instead requires a melting point of 150 to 300 o C.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to AMANDA C WALKE whose telephone number is (571)272-1337. The examiner can normally be reached Monday to Thursday 5:30am to 4pm.
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/AMANDA C. WALKE/ Primary Examiner, Art Unit 1722
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