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
Applicant’s election without traverse of Species A, claims 1-5, 8-10 in the reply filed on 05/26/2026 is acknowledged.
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) 1-5, 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 113036076, and further in view of JP2010262773 (provided in IDS), hereinafter as ‘076, ‘773.
Regarding claim 1 and 11, ‘076 teaches an electrode for a battery comprising:
a current collector and an electrode layer, wherein the electrode layer includes layers in the order of a first electrode layer and a second electrode layer from the current collector side in a thickness direction (abstract fig 2);
the first electrode layer 101 includes an end surface A, and the second electrode layer 102 includes an end surface B; in a cross-sectional view in the thickness direction, the end surface A includes an end part A: in the current collector side, and an end part A₂ in the second electrode layer side, and the end surface B includes an end part B₁ in the first electrode layer side, and an end part B₂ in an opposite side to the first electrode layer [fig 2];
the end surface A includes, in a vertical direction to the thickness direction, a first inclination part in which the end part A₁ protrudes from the end part A2 [fig 2 see drawing below];
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‘076 teaches the claimed limitation, but ‘076 does not teach an entire outer periphery of the second electrode layer is arranged inside an entire outer periphery of the first electrode layer in thickness direction.
‘773 teaches an electrode having current collection 11, first electrode layer 121 and second electrode layer 122 where an entire outer periphery of the second electrode layer is arranged inside an entire outer periphery of the first electrode layer in thickness direction [fig 3b abstract).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the length of the first and second electrode layer of ‘076 such that an entire outer periphery of the second electrode layer is arranged inside an entire outer periphery of the first electrode layer as taught by ‘773 for preventing inner short circuit (abstract) and since such modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 2, the end surface B includes a second inclination part in which the end part B₁ protrudes from the end part B₂ in the vertical direction to the thickness direction; and in the cross-sectional view of the thickness direction, the first inclination part is arranged outside the second inclination part [fig 2 ‘076].
Regarding claim 3, when the electrode body is viewed from the thickness direction, the first inclination part is arranged along with the entire outer periphery of the first electrode layer, and the second inclination part is arranged along with the entire outer periphery of the second electrode layer [fig 2 ‘076]
Regarding claim 4, the electrode body includes an exposed part where the first electrode layer is exposed from the second electrode layer, since the end part A₂ protrudes from the end part B₁ in the vertical direction to the thickness direction [fig 2, 076 fig 3b ‘773].
Regarding claim 5, the electrode body is viewed from the thickness direction, the exposed part is arranged along with the entire outer periphery of the first electrode layer interposing the first inclination part [fig 2, 076 fig 3b ‘773].
Claim(s) 8 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 113036076, and JP2010262773, and further in view of JP 2022137630 hereinafter as ‘630.
Regarding claim 8, modified ‘076 teaches the claimed limitation, but modified ‘076 does not teach the thickness of the second electrode layer being greater than that of the first electrode layer.
‘630 teaches an electrode having current collector 1, first electrode layer 2, second electrode layer 3 where the thickness of the second electrode layer 3 being greater than that of the first electrode layer 2 (example 2 section).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the thickness of the first and second electrode layer of ‘076 such that the thickness of the second electrode layer being greater than that of the first electrode layer as taught by ‘’630 since such modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re rose, 105 USPQ 237 (CCPA 1955).
Regarding claim 10, modified ‘076 teaches the claimed limitation, but modified ‘076 does not teaches binder as claimed.
‘630 teaches an electrode having current collector 1, first electrode layer 2, second electrode layer 3 where the first electrode 2 (coating layer) has binder proportion that greater than the binder proportion of second electrode 3 [para 69 70].
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the material of the first and second electrode of ‘076 to be included binder such that a proportion of the binder in the first electrode layer is more than a proportion of the binder in the second electrode layer for improving adhesive [para 39].
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over CN 113036076, and JP2010262773, and further in view of JP2014211946, hereinafter as ‘946.
Regarding claim 9, modified ‘076 teaches the claimed limitation, but modified ‘076 does not teach the thickness of the electrode layer.
‘946 teaches an electrode having total thickness of 200 micron (example 1).
It would have been obvious to one of ordinary skill in the art at the time the invention was filed to modify the thickness of the electrode layer of ‘076 to be the same of ’630 since such modification would have involved a mere change in the size of a component. A change in size is generally recognized as being within the level of ordinary skill in the art. In re rose, 105 USPQ 237 (CCPA 1955).’
Conclusion
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/UYEN M TRAN/Primary Examiner, Art Unit 1726