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 .
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 .
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) 1-7 is/are rejected under 35 U.S.C. 103 as being unpatentable over Masahiki (JP2006216461, see Machine Translation for citations) (Provided in Applicant’s IDs filed on September 18th, 2023) in view of Iwase (US20150099158).
Regarding Claim 1, Masahiki discloses a lithium-ion rechargeable battery ([001]), comprising:
A negative electrode plate including a negative electrode substrate and a negative electrode mixture layer applied to each of two surfaces of the negative electrode substrate (negative electrode sheet, [0011], active material layer is formed on surfaces of negative electrode sheet, [0013]);
A positive electrode plate including a positive electrode substrate and appositive electrode mixture layer applied to each of two surfaces of the negative electrode substrate (positive electrode sheet, [0011], active material layer is formed on surfaces of positive electrode sheet, [0013]); and
A separator arranged between the negative electrode plate and the positive electrode plate (seapatror-30, [0027]); and
A nonaqueous electrolyte ([0031]), wherein
The negative electrode substrate includes a negative electrode connection portion that projects form the negative electrode mixture layer in a first width direction and is electrically connected to a negative electrode external terminal (negative electrode collector tab-12 acts as external terminal, [0038], Fig. 1),
The positive electrode substrate includes a positive electrode connection portion that projects form the positive electrode mixture layer in a first width direction and is electrically connected to a positive electrode external terminal (positive electrode collector tab-11 acts as external terminal, [0038], Fig. 1),
The negative electrode plate has a thickness that increases in the first width direction (Fig. 4 shows negative electrode sheet),
The positive electrode plate has a thickness that increases in a second width direction (Fig. 3 shows positive electrode sheet),
Masahiki discloses wherein the separator can be a porous polypropylene resin sheet ([0027]). However, Masahiki does not directly disclose wherein the separator has a porosity that increases in the second width direction.
The examiner notes that under the broadest reasonable interpretation of the claim in view of the specifications “the separator has a porosity that increases in the second width direction” can include any structure where a porosity value increases in the second width direction, including a structure with a set porosity value in one section of the separator and an increased porosity value in a second section of the separator, provided that the second section has a higher porosity value than the one section.
Iwase discloses nonaqueous electrolyte secondary battery ([003]). Iwase further discloses wherein the separator substrate can be a porous polyolefin porous resin ([0018]). Iwase further discloses wherein the separator is formed of porous heat resistance layers ([0049]). Iwase further discloses wherein the porous heat resistance layer can have adjusted porosity ([0049]). Iwase further discloses wherein the porosity of the heat resistance layer can range from 20% to 80% ([0049]). Iwase further discloses wherein the separator substrate can have a porosity lower than the porous heat resistance layer ([0038]). Iwase teaches that this structure provides improved mechanical strength and ion permeability.
The examiner notes that the separator structure of Iwase includes a separator substrate and a heat resistant porous layer, wherein the heat resistance porous layer can have a higher porosity than the separator substrate.
Therefore, it would be obvious to one of ordinary skill in the art to modify Masahiki with the teachings of Iwase to have wherein the separator has a porosity that increases in the second width direction. This modification would yield the expected result of improved mechanical strength and ion permeability.
Regarding Claim 2, Masahiki in view of Iwase discloses the limitations as set forth above. Masahiki further discloses wherein in the negative electrode plate, the negative electrode mixture layer has at thickness that increases in the first width direction (negative electrode mixture layer includes the negative electrode sheet-26 and negative active material in paste-27, negative electrode sheet has an increasing thickness in a first width direction, Fig. 4, [0022]), and
In the positive electrode plate, the positive electrode mixture layer had a thickness that increases in the second width direction (positive electrode mixture layer includes the positive electrode sheet-21 and positive active material in paste-22, negative electrode sheet has an increasing thickness in a second width direction, Fig. 3, [0022]).
Regarding Claim 3, Masahiki in view of Iwase discloses the limitations as set forth above.
Masahiki does not directly disclose wherein the porosity of the separator is such that the porosity at an end in the second width direction is 102% or greater with respect to the porosity at an end in the first width direction.
Iwase discloses nonaqueous electrolyte secondary battery ([003]). Iwase further discloses wherein the separator substrate can be a porous polyolefin porous resin ([0018]). Iwase further discloses wherein the separator is formed of porous heat resistance layers ([0049]). Iwase further discloses wherein the porous heat resistance layer can have adjusted porosity ([0049]). Iwase teaches that this structure provides improved mechanical strength and ion permeability.
Therefore, absent a showing of criticality, it would be obvious to one of ordinary skill in the art to modify Masahiki with the teachings of Iwase to have w wherein the porosity of the separator is such that the porosity at an end in the second width direction is 102% or greater with respect to the porosity at an end in the first width direction.. This modification would yield the expected result of improved mechanical strength and ion permeability.
Regarding Claim 4, Masahiki in view of Iwase discloses the limitations as set forth above. Masahiki further discloses wherein the negative electrode plate and the positive electrode plate, when stacked, entirely has a thickness that is constant in a width direction (Fig. 5. shows that positive electrode plate and negative electrode plate when stacked have a constant overall thickness in width direction).
Regarding Claim 5, Masahiki in view of Iwase discloses the limitations as set forth above.
Masahiki does not directly disclose wherein the combined resistance of the separator and the negative electrode plate is substantially constant in the first width direction.
However, Masahiki discloses wherein the battery is configured to prevent potential drops that occur near the first and third edges of the negative electrode ([0010]). Masahiki teaches that potential drop is optimized in order produce a larger output and increase lifespan of the battery ([0010]).
Therefore it would be obvious to one of ordinary skill in the art using the disclosure of Masahiki to have wherein the combined resistance of the separator and the negative electrode plate is substantially constant in the first width direction in order to optimize for larger output and lifespan of the battery.
Regarding Claim 6, Masahiki in view of Iwase discloses the limitations as set forth above.
The examiner notes that under the broadest reasonable interpretation of the claim language, “continuously increases” without a qualitative qualifier can mean any increase in porosity over an arbitrary range. It is the examiner’s opinion that under the broadest reasonable interpretation of the claim language that a single change in porosity that results in an increase over the range of the separator would meet the claim language.
Masahiki does not directly disclose wherein the porosity of the separator continuously increases from an end in the first width direction toward and end in the second width direction.
Iwase discloses nonaqueous electrolyte secondary battery ([003]). Iwase further discloses wherein the separator substrate can be a porous polyolefin porous resin ([0018]). Iwase further discloses wherein the separator is formed of porous heat resistance layers ([0049]). Iwase further discloses wherein the porous heat resistance layer can have adjusted porosity ([0049]). Iwase teaches that this structure provides improved mechanical strength and ion permeability.
Therefore it would be obvious to one of ordinary skill in the art to modify Masahiki with the teachings of Iwase to have wherein the porosity of the separator continuously increases from an end in the first width direction toward and end in the second width direction. This modification would yield the expected result of improved mechanical strength and ion permeability.
Regarding Claim 7, Masahiki in view of Iwase discloses the limitations as set forth above.
Masahiki does not directly disclose wherein the combined resistance of the separator and the negative electrode plate is substantially constant in the first width direction.
However, Masahiki discloses wherein the battery is configured to prevent potential drops that occur near the first and third edges of the negative electrode ([0010]). Masahiki teaches that potential drop is optimized in order produce a larger output and increase lifespan of the battery ([0010]).
Therefore it would be obvious to one of ordinary skill in the art using the disclosure of Masahiki to have wherein the combined resistance of the separator and the negative electrode plate is substantially constant in the first width direction in order to optimize for larger output and lifespan of the battery.
Masahiki does not directly disclose wherein the porosity of the separator is such that the porosity at an end in the second width direction is 102% or greater with respect to the porosity at an end in the first width direction.
Iwase discloses nonaqueous electrolyte secondary battery ([003]). Iwase further discloses wherein the separator substrate can be a porous polyolefin porous resin ([0018]). Iwase further discloses wherein the separator is formed of porous heat resistance layers ([0049]). Iwase further discloses wherein the porous heat resistance layer can have adjusted porosity ([0049]). Iwase teaches that this structure provides improved mechanical strength and ion permeability.
Therefore, absent a showing of criticality, it would be obvious to one of ordinary skill in the art to modify Masahiki with the teachings of Iwase to have w wherein the porosity of the separator is such that the porosity at an end in the second width direction is 102% or greater with respect to the porosity at an end in the first width direction.. This modification would yield the expected result of improved mechanical strength and ion permeability.
Response to Arguments
Applicant's arguments filed May 22nd, 2026 have been fully considered but they are not persuasive.
Applicant argues that the combination of Masahiki in view of Iwase does not disclose the limitations of claims 1-4.
Masahiki discloses wherein the separator can be a porous polypropylene resin sheet ([0027]). However, Masahiki does not directly disclose wherein the separator has a porosity that increases in the second width direction.
The examiner notes that under the broadest reasonable interpretation of the claim in view of the specifications “the separator has a porosity that increases in the second width direction” can include any structure where a porosity value increases in the second width direction, including a structure with a set porosity value in one section of the separator and an increased porosity value in a second section of the separator, provided that the second section has a higher porosity value than the one section.
Iwase discloses nonaqueous electrolyte secondary battery ([003]). Iwase further discloses wherein the separator substrate can be a porous polyolefin porous resin ([0018]). Iwase further discloses wherein the separator is formed of porous heat resistance layers ([0049]). Iwase further discloses wherein the porous heat resistance layer can have adjusted porosity ([0049]). Iwase further discloses wherein the porosity of the heat resistance layer can range from 20% to 80% ([0049]). Iwase further discloses wherein the separator substrate can have a porosity lower than the porous heat resistance layer ([0038]). Iwase teaches that this structure provides improved mechanical strength and ion permeability.
The examiner notes that the separator structure of Iwase includes a separator substrate and a heat resistant porous layer, wherein the heat resistance porous layer can have a higher porosity than the separator substrate.
Therefore, it would be obvious to one of ordinary skill in the art to modify Masahiki with the teachings of Iwase to have wherein the separator has a porosity that increases in the second width direction. This modification would yield the expected result of improved mechanical strength and ion permeability.
Conclusion
THIS ACTION IS MADE FINAL. 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 ANKITH R SRIPATHI whose telephone number is (571)272-2370. The examiner can normally be reached Monday - Friday: 7:30 am - 5:00pm.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Matthew Martin can be reached at 571-270-7871. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/ANKITH R SRIPATHI/Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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