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
Claim 3-11 are withdrawn from further consideration pursuant to 37 CFR 1.142(b) as being drawn to a nonelected Group II, there being no allowable generic or linking claim. Election was made without traverse in the reply filed on 05/15/2026.
Applicant’s election without traverse of Claims 1-2 in the reply filed on 05/15/2026 is acknowledged.
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.
Claim 2 is 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 2 recites “the second mixture layer has a density at the curved portion that is greater than that of the first mixture layer at the curved portion.” It is unclear as to the what the density is referring to. Is this the density of the entirety of the first and second mixture layers or the active material in the first and second mixture layers? It is the Examiner’s position that one of ordinary skill in the art would not be reasonably apprised of the scope of the invention.
Claim Rejections - 35 USC § 102
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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Sugimori et al. (US-20210193992-A1).
Regarding Claim 1, Sugimori discloses:
A non-aqueous rechargeable battery, comprising: an electrode body formed by rolling a stack of a positive electrode plate and a negative electrode plate with a separator arranged in between, wherein (a nonaqueous electrolyte secondary battery 10 has a positive electrode 20 and the negative electrode 30 are wound in a spiral shape via a separator 40, see [0021]):
at least one of the positive electrode plate and the negative electrode plate includes a substrate (the positive electrode 20 has a positive electrode core sheet 21, the negative electrode 30 has a negative electrode core sheet 31, see [0021]),
a first mixture layer located on an outer side of the substrate, and a second mixture layer located on an inner side of the substrate (The negative electrode 30 has a negative electrode mixture layer 32 disposed on both sides of the core sheet 31, see [0033]. The negative electrode mixture as a first region R1 and a second region R2, see [0033] and Figure 3. The first mixture layer is interpreted to correspond to the first region R1 on the outer side of the negative electrode core sheet and the second mixture layer is interpreted to correspond to the second region R2 on the inner side of the negative electrode. Is the Examiner’s position that the claim can be interpreted under broadest reasonable interpretation in this manner because the clam merely requires the at least one layer on the inner and outer side of core sheet and does not exclude additional layers or intervening structure.);
and the second mixture layer includes an active material having a BET specific surface area that is greater than that of an active material included in the first mixture layer (“the BET specific surface area of the graphite included in the region R1 is smaller than the BET specific surface area of the graphite included in the region R2,” see [0033]).
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.
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) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Sugimori et al. (US-20210193992-A1) as applied to Claim 1 above and in further view of Takahata et al. (US-20120258343-A1 as provided in the IDS dated 09/18/2023).
Regarding Claim 2, Sugimori teaches:
wherein the electrode body includes a curved portion in which layers of the electrode body are curved (“the electrode assembly 11 includes a flat portion and a pair of curved portions,” see [0021]),
However, Sugimori is silent toward the following limitation:
and the second mixture layer has a density at the curved portion that is greater than that of the first mixture layer at the curved portion.
To solve the same problem of designing a negative electrode sheet for a wound lithium secondary battery (see Abstract), Takahata teaches a bent section of the wound body in which the density of the outer negative active material layer 24b is smaller than the density of the inner negative active material layer 24a, see Abstract. Takahata further teaches this configuration enhances the durability with respect to charge-discharge cycles, see [0018]
Absent a showing of persuasive secondary considerations, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to provide a less dense outer negative electrode layer 32 than the inner negative electrode layer 32 of Sugimori in order to enhance durability with respect to charge-discharge cycles.
Pertinent Prior Art
The following prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Koo et al. (US-20210359288-A1); Koo teaches “wherein the anode is configured such that an anode mixture is formed on both sides of an anode current collector, and the anode current collector is configured such that when winding to form an electrode assembly, if a side that winds inward is referred to a first side and a side that winds outward is referred to a second side, an active material of a first anode mixture coated on the first side contains 70 wt% or more artificial graphite as an active material based on the total weight of the active material, and an active material of a second anode mixture coated on the second side contains 70 wt % or more natural graphite as an active material based on the total weight of the active material,” see Abstract. Koo further teaches “the natural graphite exhibiting excellent adhesive strength can sufficiently secure the mechanically interlocking effect of adhesion between particles through a binder as the specific surface area increases, and so have a specific surface area of 2 m2/g to 8 m2/g, specifically 2.1 m2/g to 4 m2/g. On the other hand, the artificial graphite may have a specific surface area (BET) of 0.5 m2/g to 5 m2/g, specifically 0.6 m2/g to 4 m2/g,” see [0023].
Moriya et al. (US-20220190323-A1); Moriya teaches “a positive-electrode collector body; a first positive-electrode mixture layer formed on a first surface of the positive-electrode collector body facing the outer side of the electrode body; and a second positive-electrode mixture layer formed on a second surface of the positive-electrode collector body facing the inner side of the electrode body… the average surface roughness of the first positive-electrode active material being greater than the average surface roughness of the second positive-electrode active material,” see Abstract. However, Moriya further teaches “it is probable that positive electrode 11 satisfies the expression of [the density of positive electrode mixture layer 31=the density of positive electrode mixture layer 32], improving cycle characteristics of the battery,” see [0031]
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Kayla E Clary whose telephone number is (571)272-2854. The examiner can normally be reached Monday - Friday 8:00-5:00 (PT).
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Allison Bourke can be reached at 303-297-4684. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/K.E.C./
Kayla E. ClaryExaminer, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721
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