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 .
This is a final office action in response to Applicant's remarks and amendments filed on 06/25/2026. Claim 1 is currently amended. Claims 2-3 are canceled. Claim 6 is newly added. Claims 1 and 4-6 are pending review in this action. The previous 35 U.S.C. 102 and 35 U.S.C. 103 rejections are withdrawn in light of Applicant's amendment to Claim 1. New grounds of rejection necessitated by Applicant's amendments are presented below.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1 and 5-6 are rejected under 35 U.S.C. 103 as being unpatentable over Fukatsu et al. (US 2016/0359189 A1) further in view of Shiozaki et al. (US 2018/0159136 A1).
Regarding Claim 1:
Fukatsu discloses a non-aqueous rechargeable battery (lithium ion secondary battery, 100), comprising: an electrode body (electrode laminate) in which a positive electrode plate (positive electrodes, 1) and a negative electrode plate (negative electrodes, 6) are stacked in a stacking direction (up and down page in Figure 2) with a separator (20) arranged in between (Figures 1B and 2, [0044, 0053]). Fukatsu further discloses that the positive electrode plate (positive electrodes, 1) includes a foil-like positive electrode substrate (positive electrode current collector, 3), and a positive electrode mixture layer (positive electrode active material layer, 2) and an insulating layer (insulating member, 40) arranged on each of two opposite surfaces of the positive electrode substrate (positive electrode current collector, 3) (Figure 2, [0045, 0047]). Fukatsu further discloses that the insulating layer (insulating member, 40) may be a tape-like resin member (Figure 2, [0057]). Fukatsu further discloses that the positive electrode substrate (positive electrode current collector, 3) includes a positive electrode uncoated portion (uncoated part) free from the positive electrode mixture layer (positive electrode active material layer, 2) and the insulating layer (insulating member, 40) (Figure 2, [0045]). Fukatsu further discloses that the electrode body (electrode laminate) includes a positive electrode current collector portion (see annotated Figure 1B below) in which layers of the positive electrode uncoated portion (uncoated part) are stacked in the stacking direction (up and down page in Figure 2) (Figure 1B, [0046]). Fukatsu further discloses that the insulating layer (insulating member, 40) is located between the positive electrode mixture layer (positive electrode active material layer, 2) and the positive electrode uncoated portion (uncoated part) (Figure 2, [0047]). Fukatsu further discloses that the insulating layer (insulating member, 40) on a first surface (see annotated Figure 2 below) of the positive electrode substrate (positive electrode current collector, 3) defines a first insulating layer (see annotated Figure 2 below), the first surface (see annotated Figure 2 below) facing a center of the positive electrode current collector portion (see annotated Figure 1B below) in the stacking direction (up and down page in Figure 2); the insulating layer (insulating member, 40) on a second surface (see annotated Figure 2 below) of the positive electrode substrate (positive electrode current collector, 3) opposite to the first surface (see annotated Figure 2 below) defines a second insulating layer (see annotated Figure 2 below) (Figure 2). Fukatsu further discloses that the first insulating layer (see annotated Figure 2 below) includes a third surface (see annotated Figure 2 below) and a fourth surface (see annotated Figure 2 below), the third surface (see annotated Figure 2 below) contacting the first surface (see annotated Figure 2 below) of the positive electrode substrate (positive electrode current collector, 3), and the fourth surface (see annotated Figure 2 below) being opposite to the third surface (see annotated Figure 2 below) (Figure 2). Fukatsu further discloses that the first insulating layer (see annotated Figure 2 below) has a first thickness from the third surface (see annotated Figure 2 below) to the fourth surface (see annotated Figure 2 below) (Figure 2). Fukatsu further discloses that the second insulating layer (see annotated Figure 2 below) includes a fifth surface (see annotated Figure 2 below) and a sixth surface (see annotated Figure 2 below), the fifth surface (see annotated Figure 2 below) contacting the second surface (see annotated Figure 2 below) of the positive electrode substrate (positive electrode current collector, 3), and the sixth surface (see annotated Figure 2 below) being opposite to the fifth surface (see annotated Figure 2 below) (Figure 2). Fukatsu further discloses that the second insulating layer (see annotated Figure 2 below) has a second thickness from the fifth surface (see annotated Figure 2 below) to the sixth surface (see annotated Figure 2 below) (Figure 2).
Fukatsu is deficient in disclosing that the first thickness of the first insulating layer has a thickness that is greater than the second thickness that of the second insulating layer, wherein the first thickness of the first insulating layer is in a range of 1.2 to 1.7 times the second thickness of the second insulating layer, the first thickness of the first insulating layer is in a range of 5.0 µm to 20.0 µm, and the second thickness of the second insulating layer is in a range of 3.0 µm to 16.0 µm.
Shiozaki discloses a non-aqueous rechargeable battery (lithium ion secondary battery, 100) comprising an electrode body (electrode group) and an insulating layer (insulating tape, 14) (Figures 1 and 4, [0006, 0038-0039, 0060]). Shiozaki further discloses that the insulating layer (insulating tape, 14) may be an insulating tape, and the insulating layer (insulating tape, 14) may be formed of two separate layers (Figure 3, [0039]). Shiozaki further discloses that the two layers of the insulating layer (insulating tape, 14) include a first insulating layer (substrate material layer, 14a) and a second insulating layer (adhesive layer, 14b) (Figure 3, [0039]). Shiozaki further discloses that each of the first insulating layer (substrate material layer, 14a) and the second insulating layer (adhesive layer, 14b) may comprise a resin (i.e., polyimide for the substrate material layer and epoxy for the adhesive layer) (Figure 3, [0043, 0049]). Shiozaki further discloses that the thickness of the first insulating layer (substrate material layer, 14a) is between 10 µm and 30 µm, and the thickness of the second insulating layer (adhesive layer, 14b) is between 5 µm and 25 µm (Figure 3, [0050]). Shiozaki further discloses that preferably, the ratio of the thickness of the second insulating layer (adhesive layer, 14b) to the first insulating layer (substrate material layer, 14a) is between 0.2 and 1 (Figure 3, [0050]). Shiozaki further discloses that an insulating layer (insulating tape, 14) having such a thickness configuration allows the energy density of the non-aqueous rechargeable battery (lithium ion secondary battery, 100) to be preserved while also maximizing the advantages of each layer (Figure 3, [0050]).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” or are “merely close” a prima facie case obviousness exists (MPEP §2144.05). Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the thicknesses of the first insulating layer and the second insulating layer of Fukatsu, a thickness between 10 µm and 30 µm, and 5 µm and 25 µm, respectively, while also selecting thicknesses which achieve a ratio of second layer thickness to first layer thickness between 0.2 and 1, as it is known in the art as a suitable configuration for a resin-based two layer insulation member for a battery, as taught by Shiozaki. Such a modification would give the skilled artisan a reasonable expectation of success in providing an insulating layer which allows the energy density of the battery to be preserved while also maximizing the advantages of each layer, as taught by Shiozaki.
Upon the above modification, the skilled artisan would appreciate that there are multiple embodiments of modified Fukatsu which meet the claimed ranges. For example, when the thickness of the first insulating layer is 15 µm and the thickness of the second insulating layer is 10 µm, the first insulating layer has a thickness that is greater than the second thickness that of the second insulating layer, and the first thickness of the first insulating layer is 1.5 times the second thickness of the second insulating layer. Thus, upon the above modification, all of the limitations of Claim 1 are met.
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Annotated Figure 1B (Fukatsu US 2016/0359189 A1)
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Annotated Figure 2 (Fukatsu US 2016/0359189 A1)
Regarding Claim 5 (Dependent Upon Claim 1):
Fukatsu as modified by Shiozaki discloses the non-aqueous rechargeable battery of Claim 1 as set forth above. Fukatsu further discloses that the insulating layer (insulating member, 40) (and thus each of the first insulating layer and the second insulating layer) has a width (length) of about 3 mm (Figure 2, [0064]). Thus, all of the limitations of Claim 5 are met.
Regarding Claim 6 (Dependent Upon Claim 1):
Fukatsu as modified by Shiozaki discloses the non-aqueous rechargeable battery of Claim 1 as set forth above. Fukatsu further discloses that each of the third surface (see annotated Figure 2 above) and the fourth surface (see annotated Figure 2 above) of the first insulating layer (see annotated Figure 2 above) is flat, and each of the fifth surface (see annotated Figure 2 above) and the sixth surface (see annotated Figure 2 above) of the second insulating layer (see annotated Figure 2 above) is flat (see Figure 2).
The examiner notes that the broadest reasonable interpretation has been used to interpret the claim. The examiner further notes that for purposes of examination in the current office action, the limitation is interpreted to require that the surfaces do not have any “bumps” or abrasions, which appears to be the case in view of Fukatsu Figure 2. Thus, all of the limitations of Claim 6 are met.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Fukatsu et al. (US 2016/0359189 A1) as modified by Shiozaki et al. (US 2018/0159136 A1), as applied to Claim 1 above, and further in view of Danno (US 2021/0194007 A1).
Regarding Claim 4 (Dependent Upon Claim 1):
Fukatsu as modified by Shiozaki discloses the non-aqueous rechargeable battery of Claim 1 as set forth above. Fukatsu further discloses that the insulating layer (insulating member, 40) may be formed from a tape-like resin member or a gel resin (Figure 2, [0057]). Fukatsu further discloses that the insulating layer (insulating member, 40) serves to prevent a short circuiting event (Figure 2, [0047]).
Fukatsu is deficient in disclosing that the insulating layer includes a binder, and a mass ratio of the binder to a mass of the insulating layer is in a range of 10 mass% to 30 mass%.
Danno discloses a non-aqueous rechargeable battery (energy storage device, 10), comprising: an electrode body (electrode assembly, 400) in which a positive electrode plate (410) and a negative electrode plate (420) are stacked in a stacking direction (z direction) with a separator (430) arranged in between (Figures 2 and 4, [0034-0035, 0045]). Danno further discloses that the positive electrode plate (410) includes a positive electrode substrate (411) comprising a positive electrode uncoated portion (active material uncoated portion, 411a) free from a positive electrode mixture layer (positive composite layer, 414) and an insulating layer (415) (Figure 4, [0046, 0049, 0051]). Danno further discloses that the insulating layer (415) comprises a plurality of particles (415c) and a binder (415b), wherein a mass ratio of the binder to the plurality of particles may be 90:10 (Figure 6, [0064, 0068]). Danno further discloses that the insulating layer (415) serves to prevent a short circuiting event (Figure 4, [0019]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the insulating layer of Fukatsu, the insulating layer material taught by Danno which comprises a plurality of particles and a binder in a mass ratio of 90:10 (i.e., the binder is included in an amount of 10% by mass), as it is known in the art that such a material is suitable for use in an insulating layer of a positive electrode plate in a battery, as taught by Danno. By doing so, the skilled artisan would have a reasonable expectation of success in providing an insulating layer which successfully serves to prevent a short circuiting event in the battery, as taught by Danno. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modification, all of the limitations of Claim 4 are met.
Applicant’s arguments, filed 06/25/2026, with respect to the rejection of Claims 1-5 under 35 U.S.C. 102 and 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Fukatsu et al. (US 2016/0359189 A1), Shiozaki et al. (US 2018/0159136 A1), and Danno (US 2021/0194007 A1).
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 EMILY E FREEMAN whose telephone number is (571)272-1498. The examiner can normally be reached Monday - Friday 8:30AM-5:00PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Miriam Stagg can be reached at (571)-270-5256. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/E.E.F./ Examiner, Art Unit 1724
/MIRIAM STAGG/ Supervisory Patent Examiner, Art Unit 1724
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