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 Arguments
In response to applicants’ arguments filed 09/16/2026 applicant argues the new claim limitations overcome previous showing of obviousness. The amendments overcome the previous rejection. New and amended grounds of reject are set forth below. New and amended grounds of rejection are necessitated by the claim amendments.
Further applicant suggests the criticality of the newly claimed range in amended claim 1 of 0.01 to 0.07 for a mass ratio of binder to conductive material. Applicant only supplies one data point inside the given range where in sample No. 5 mass ratio 0.07 achieves a resistance of 1.3 Ohms. Examiner notes that the same resistance is achieved with sample No. 2 mass ratio 0.1 which falls outside of the newly claimed “critical range”. Examiner further notes that the relied upon sample No. 5 uses conductive material of with particle shape of rod-shape, this is not commensurate in scope with the newly amended claim 1 as there is no given limitation related to particle shape.
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.
Claim(s) 1-2, 4, 8-9, and 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Senoue (US20200243897A1, as provided in IDS received 07/18/2023) in view of Sasaki et al (US20120315541A1, hereinafter Sasaki).
Regarding claim 1, Senoue teaches all of the following elements:
A battery comprising: (“The present application discloses a secondary battery” Senoue, [0001])
a negative electrode composite material containing a negative electrode active material; (“When being an anode, the first electrode 10 can contain an anode active material.” Senoue, [0035])
a separator layer; (“a first separator layer that is laminated to inner wall of the through holes of the first electrode” Senoue, [0004])
a positive electrode composite material containing a positive electrode active material; (“When the first electrode 10 is an anode, the second electrode 30 may be a cathode” Senoue, [0061]) (That is, when being a cathode, the second electrode 30 can contain a cathode active material, Senoue, [0061])
a positive electrode current collector, wherein (“For example, the secondary battery 100 may include a first current collector 40 that is connected to the first electrode 10, and a second current collector 50 that is connected to the second electrode 30.” Senoue, [0065])
the negative electrode composite material forms a honeycomb structure, (“10a, 10b, 10c” Senoue, Fig. 2A show below)
the honeycomb structure includes a first end surface, a second end surface, and a side wall, (“a first electrode having one face, an opposite face, a side face” Senoue, [0004])
the second end surface is a surface opposite to the first end surface, (“10a, 10b, 10c” Senoue, Fig. 2A show below)
the side wall connects the first end surface and the second end surface, (“10a, 10b, 10c” Senoue, Fig. 2A show below)
a plurality of through holes extending from the first end surface to the second end surface is provided, (“a first electrode having one face, an opposite face, a side face, and a plurality of through holes that penetrate from the one face to the opposite face.” Senoue, [0004])
each of the through holes includes a first opening portion that is open to the first end surface, and a second opening portion that is open to the second end surface, (“10a, 10b, 10c” Senoue, Fig. 2A show below)
the separator layer covers at least a portion of an inner wall of the through hole, (“laminating a separator layer and a second electrode to inner walls of a plurality of through holes of a first electrode.” Senoue, [0003])
the separator layer separates the positive electrode composite material form the negative electrode composite material, (“The first separator layer 20 a prevents the first electrode 10 and the second electrode 30 from short-circuiting in the through holes 10 d. Senoue, [0043])
the positive electrode composite material is disposed on an inside of the through hole, (“the cathode paste was injected into the through holes of the first electrode by pressure by the syringe.” Senoue, [0103])
the positive electrode current collector is disposed outside the through hole, (“the second current collector 50 may be provided for the surface of the second electrode 30 present on the side of the one face 10 a or the opposite face 10 b of the first electrode 10.” Senoue, [0065])
the positive electrode composite material includes a recessed portion; and the recessed portion is recesses from the first opening portion or the second opening portion toward the inside of the through hole.
Modified Senoue does teach the drying of the cathode paste inside of the honeycombs at 120 degrees Celsius for 30 mins (Senoue, [0103]). The instant application mentions the same method of drying ([0087]) at 120 degrees Celsius for 30 mins. Modified Senoue and the instant application both disclose the same positive electrode active materials (Senoue, [0037]) (Instant, [0052]) and the use of a binder (Senoue, [0061]) (Instant, [0051]). Both modified Senoue and the instant application disclose a drying step of a positive electrode active material paste in a honeycomb structure at the same temperature over the same time. The examiner is taking the position that the positive electrode active material of modified Senoue would form the recess as once the paste loses solvent from drying it would shrink, due to interactions with the walls and similar formation steps of Senoue.
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Senoue does not teach a conductive layer between the positive electrode composite material and the positive electrode current collector nor does Senoue disclose the conductive materials sphere equivalent diameter, binder mass ratio, or that the conductive layer does not include active material. Sasaki discloses a conductive adhesive layer between active material layers and a current collector where said conductive adhesive layer can increase adhesion between the active material and the collector as well as reduce the internal resistance of the battery (Sasaki, [0097]). Sasaki further discloses that the conductive adhesive layer may include carbon particles with volume mean particle diameters of between 0.01 micrometers and 20 micrometers (Sasaki, [0101]), which overlaps upon the claimed range of 10 micrometers or more. Sasaki also discloses a binder for the conductive adhesive layer (Sasaki, [0102]), where the mass ratio of binder to conductive material is in the range of 0.01 to 0.1 (Sasaki, [0111]). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). Finally, Sasaki makes not mention of the inclusion of an active material in the conductive adhesive layer.
Therefore, it would have been obvious to one skilled in the art before the effective filling date of the invention to combine the honeycomb battery of Senoue with the conductive layer of Sasaki including the disclosed particle diameter and mass ratios to increase adhesion between the active material and the current collector as well as to reduce the internal resistance of the battery.
Regarding Claim 2, Modified Senoue teaches all of the elements of claim 1, as shown above. Modified Senoue does not directly teach a conductive layer disposed as to close at least one of the openings of the negative electrode. Modified Senoue teaches that the positive electrode current collector may be provided on both faces of the negative electrode (Senoue, Fig 6, 50, shown below). For the conductive layer of modified Senoue to connect both the positive electrode current collector and the positive electrode active material it must be disposed in both of the openings of the negative electrode.
Therefore, it would have been obvious to one skilled in the art before the effective filling date of the invention to dispose the conductive layer of modified Senoue in both openings of the negative electrode.
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Regarding Claim 4, Modified Senoue teaches all of the elements of claim 1, as shown above. Modified Senoue also teaches a conductive material from the group listed. Sasaki discloses that carbon fiber can be the particle used in the conductive adhesive layer (Sasaki, [0098]). Where the instant specification states that carbon fibers fulfil the limitation of “rod-shaped carbon particles” [0057].
Regarding Claim 8, Modified Senoue teaches all of the elements of claim 1, as shown above. Modifed Senoue does not directly teach a conductive layer disposed as to close the first or second opening portion of the negative electrode. Modified Senoue teaches that the positive electrode current collector may be provided on both faces of the negative electrode (Senoue, Fig 6, 50, shown above). For the conductive layer of modified Senoue to connect both the positive electrode current collector and the positive electrode active material it must be disposed in both of the openings of the negative electrode. Both of the opening portions disposed with the conductive layer fulfills the claim language of “or”.
Therefore, it would have been obvious to one skilled in the art before the effective filling date of the invention to dispose the conductive layer of modified Senoue in both openings of the negative electrode.
Regarding Claim 9, Modified Senoue teaches all of the elements of claim 1, as shown above. Modifed Senoue does not directly teach a conductive layer disposed as to close at least one of the openings of the negative electrode. Modified Senoue teaches that the positive electrode current collector may be provided on both faces of the negative electrode (Senoue, Fig 6, 50, shown above). For the conductive layer of modified Senoue to connect both the positive electrode current collector and the positive electrode active material it must be disposed in both of the openings of the negative electrode.
Therefore, it would have been obvious to one skilled in the art before the effective filling date of the invention to dispose the conductive layer of modified Senoue in both openings of the negative electrode.
Regarding claim 12, Sasaki discloses that carbon fiber can be the particle used in the conductive adhesive layer (Sasaki, [0098]). Where the instant specification states that carbon fibers fulfil the limitation of “rod-shaped carbon particles” [0057].
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 JOSHUA P BISTANY-RIEBMAN whose telephone number is (571)272-9591. The examiner can normally be reached Mon-Fri. 7:30am-5pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Nicholas A Smith can be reached at 5712728760. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/JOSHUA P BISTANY-RIEBMAN/Examiner, Art Unit 1752
/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752
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