ELECTROCHEMICAL APPARATUS AND ELECTRONIC APPARATUS
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 .
Information Disclosure Statement
The information disclosure statement (IDS) submitted on 1/8/2024, 11/8/2024, and 5/2/2025 are in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statements are being considered by the examiner.
Drawings
The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “first, second, third, and fourth end portions of the current collector”, “wherein along the first direction, a distance between the second side edge of the tab and the second side edge of the current collector is smaller than a distance between the first side edge of the tab and the second side edge of the current collector”, and “plating layer” must be shown or the feature(s) canceled from the claim(s). No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
The drawings are objected to under 37 CFR 1.83(a) because they fail to show “Z3” as described in the specification. Any structural detail that is essential for a proper understanding of the disclosed invention should be shown in the drawing. MPEP § 608.02(d). Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 18 and 19 are rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, because the specification, while being enabling for a plating layer, does not reasonably provide enablement for a type of plating material, especially a material having a higher thermal conductivity than a current collector material. The specification does not enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the invention commensurate in scope with these claims.
This is a scope of enablement rejection. One of ordinary skill in the art would have to engage in undue experimentation in order to make and use applicants claimed invention. See, In re Wands, 858 F.2d 731, 8 USPQ2d 1400 (Fed. Circ. 1988); see also, MPEP § 2164.01. MPEP 2164.01(a) sets forth the following factors, summarized from In re Wands, which should be considered when determining whether the claimed invention would require undue experimentation. The factors are as follows:
(A) the breadth of the claims; (B) the nature of the invention; (C) the state of the prior art; (D) the level of one of ordinary skill; (E) the level of predictability in the art; (F) the amount of direction provided by the inventor; (G) the existence of working examples; (H) and the quality of experimentation needed to make and use the invention based on the content of the disclose.
The factors are addressed in order. As to factor A, the claims broadly recite a plating layer, wherein this material could be at least a thousand different possible combinations. No specific examples of the workability of any other material are given; especially material having certain thermal conductivity values. Therefore, this factor militates against a finding of enablement.
As to factors B and E, the field of material science is an unpredictable art. Thus the formulation of compounds containing different elements from those that have been optimized experimentally may present different problems. In addition, the formulation of plating layers having certain thermal conductivities requires different chemical formulations. It is not as simple as mixing each component into a beaker. As such one of ordinary skill in the art would not know what problems might arise when formulating an active material using the elements for which applicants have not presented experimental data to support. This factor militates against a finding of enablement.
As to factor C, the closest prior arts of record are vast being that the limitation of “plating layer” is itself a broad limitation. As such, this factor militates against finding of enablement.
As to factor D, the level of ordinary skill in the art would be a person holding a bachelors degree in chemical engineering, material science, or chemistry. This factor does not weigh for or against a finding of enablement.
As to factors F and G, the applicant’s specification provides no examples of a plating layer.
As to factor H, because of the unpredictability of the material science field, one of ordinary skill in the art would have to perform experimentation on each and every combination of the thousands possible. Such a degree of testing is undue experimentation. This factor militates against a finding of enablement.
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 3 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 3 discloses L2, L3, and/or L4 are ≤10 mm. This is not an acceptable range for length being that a length equaling 0 mm would make no structural sense.
Claim Rejections - 35 USC § 102
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 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.
Claims 1, 2, 4, 6, 7, and 17-22 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Li et al. (CN 111 180 664 A using US 2022/0102732 A1 as an English language translation.).
Regarding claim 1, Li et al. an electrochemical apparatus (Abstract discloses an electrochemical apparatus.) comprising an electrode plate (Fig. 18A, “PP” stands for positive electrode plate.) and a tab (Fig. 18A, element 511), wherein the electrode plate comprises:
a current collector, wherein the current collector comprises a first surface and a second surface arranged opposite to each other (Fig. 18A discloses the current collector, element 10, which has a first surface and a second surface arranged opposite as seen with the current collector, element 10, as shown in Fig. 1.);
a first active material layer (Fig. 18A discloses element 11 as the active material layer.); and
a first insulation layer (Paragraphs 0165; 0189; Fig. 18A discloses element 15 as a support protection layer which can comprise an organic insulation material.); wherein
the first surface of the current collector comprises a first region (Fig. 18A, element A for zone A.), a second region (Fig. 18A, element B for zone B.), and a third region (Fig. 18A, element C for zone C.); wherein the third region comprises a first portion (Fig. 18A, element C), the first region is provided with the first active material layer (Paragraph 0189; Fig. 18A discloses zone A comprises the active material layer.), and the second region is provided with the first insulation layer (Paragraph 0189; Fig. 18A discloses zone B which comprises the support protection layer.); wherein
an orthographic projection of the second region along a thickness direction of the current collector at least partially surrounds an orthographic projection of the first portion of the third region along the thickness direction of the current collector (Fig. 17A shows elements B partially surrounding element C.).
Regarding claim 2, Li et al. teach the electrochemical apparatus according to claim 1, wherein the tab is provided on the current collector (Fig. 18A shows element 511, the tab, applied to the current collector, element 10.), and the orthographic projection of the first portion of the third region along the thickness direction of the current collector partially surrounds an orthographic projection of the tab along the thickness direction of the current collector (Fig. 17A shows an overlap of element 511 with zone C, which is a zone of the current collector to which it is applied.); wherein
the current collector comprises a first end portion, a second end portion, a third end portion, and a fourth end portion;
the first end portion and the second end portion are arranged along a first direction, wherein the first direction is a width direction of the current collector, the first end portion comprises a first side edge of the current collector, and the second end portion comprises a second side edge of the current collector;
the third end portion and the fourth end portion are arranged along a second direction, wherein the second direction is a length direction of the current collector, the third end portion comprises a third side edge of the current collector, and the fourth end portion comprises a fourth side edge of the current collector (See annotated Fig. 17A below.);
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Fig. 17A of Li
wherein along the first direction, the first portion of the third region is provided in the first end portion, and
along the second direction, the first portion of the third region is provided in the third end portion (See annotated Fig. 17A below.);
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Fig. 17A of Li
the tab comprises a first side edge of the tab, a second side edge of the tab, a third side edge of the tab, and a fourth side edge of the tab (See annotated Fig. 17A below.);
the first side edge of the tab and the second side edge of the tab are arranged opposite to each other along the first direction, wherein along the first direction, a distance between the second side edge of the tab and the second side edge of the current collector (Annotated Fig. 17A denotes this “d1”. Below.) is smaller than a distance between the first side edge of the tab and the second side edge of the current collector (Annotated Fig. 17A denotes this “d2”. Below.);
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Fig. 17A of Li
the third side edge of the tab and the fourth side edge of the tab are arranged opposite to each other along the second direction, wherein along the second direction, a distance between the third side edge of the tab and the third side edge of the current collector (Annotated Fig. 17A denotes this “d3”.) is smaller than a distance between the fourth side edge of the tab and the third side edge of the current collector (Annotated Fig. 17A denotes this “d2”. See annotated Fig. 17A below.);
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Fig. 17A of Li
the first portion of the third region comprises a first side edge of the first portion, a second side edge of the first portion, a third side edge of the first portion, and a fourth side edge of the first portion;
the first side edge of the first portion and the second side edge of the first portion are arranged opposite to each other along the first direction, wherein along the first direction, the second side edge of the first portion is adjacent to the second side edge of the tab;
the third side edge of the first portion and the fourth side edge of the first portion are arranged opposite to each other along the second direction, wherein along the second direction,
the third side edge of the first portion is adjacent to the third side edge of the tab, and the fourth side edge of the first portion is adjacent to the fourth side edge of the tab (See annotated Fig. 17A below.).
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Fig. 17A of Li
Regarding claim 4, Li et al. teach the electrochemical apparatus according to claim 2, wherein the orthographic projection of the second region along the thickness direction of the current collector surrounds an orthographic projection of the third region along the thickness direction of the current collector (Fig. 17A discloses zone B surrounding zone C.).
Regarding claim 6, Li et al. teach the electrochemical apparatus according to claim 2, wherein along the second direction, a degree of difference between a length of the first side edge of the first portion and a length of the second side edge of the first portion is not greater than 5% (Annotated Fig. 17A below can show a 0% difference as the portion can be in the shape of a rectangle.).
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Fig. 17A of Li
Regarding claim 7, Li et al. teach the electrochemical apparatus according to claim 2, wherein the orthographic projection of the second region along the thickness direction of the current collector and a part of an orthographic projection of the first side edge of the current collector along the thickness direction of the current collector jointly surround the orthographic projection of the first portion of the third region along the thickness direction of the current collector (See annotated Fig. 17A below.).
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Fig. 17A of Li
Regarding claim 17, Li et al. teach the electrochemical apparatus according to claim 1, wherein the third region comprises an exposed blank region of the current collector (See annotated Fig. 18A.).
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Fig. 18A of Li
Regarding claim 18, Li et al. teach the electrochemical apparatus according to claim 1, wherein the third region is provided with a plating layer, and the tab is connected to the current collector through the plating layer (Fig. 18 shows the tab, element 511, connected to a conductive layer, element 102, which is connected to the current collector, element 10.).
Regarding claim 19, Li et al. teach the electrochemical apparatus according to claim 18, wherein a thermal conductivity of the plating layer is higher than a thermal conductivity of the current collector (Paragraph 0239 discloses using Al foil for the current collector. Paragraph 0072 discloses the conductive layer can comprise metals which have a higher thermal conductivity than aluminum such as copper. Aluminum has a thermal conductivity of 237 W/m K) whereas copper is at 413 W/m K.).
Regarding claim 20, Li et al. teach the electrochemical apparatus according to claim 1, wherein the first insulation layer comprises a first insulating material; and the first insulating material comprises at least one of aluminum oxide, alumina hydroxide, silicon oxide, boehmite, titanium oxide, or zirconium oxide (Paragraph 0110 discloses aluminum oxide.).
Regarding claim 21, Li et al. teach the electrochemical apparatus according to claim 1, wherein the first active material layer comprises an active material, and the active material comprises at least one of a lithium transition metal composite oxide or a lithium-containing transition metal phosphate compound (Paragraph 0135).
Regarding claim 22, Li et al. teach an electronic apparatus, comprising a load and the electrochemical apparatus according to claim 1, wherein the electrochemical apparatus supplies power to the electronic apparatus (Paragraph 0011).
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 3, 5, 8-11, 15, and 16 are rejected under 35 U.S.C. 103 as being unpatentable over Li et al. (CN 111 180 664 A using US 2022/0102732 A1 as an English language translation.).
Regarding claim 3, Li et al. teach the electrochemical apparatus according to claim 2. However, they do not specifically teach wherein along the first direction, a distance between the second side edge of the first portion and the second side edge of the tab is L2, a distance between the third side edge of the first portion and the third side edge of the tab is L3, and a distance between the fourth side edge of the first portion and the fourth side edge of the tab is L4; wherein at least one of the following conditions is satisfied:
(a1)L2≤10 mm;
(b1)L3≤10 mm; or
(c1)L4≤10 mm.
However, Li et al. do teach taking an electrode sample having a length of 2mm comprising a width slightly less than the length (Paragraph 0326).
Therefore, it would be obvious to one of ordinary skill in the art that L2, L3, and L4 all are 2 mm or less.
Regarding claim 5, Li et al. teach the electrochemical apparatus according to claim 4. However, they do not specifically teach wherein a distance W1 between the first side edge of the first portion and the first side edge of the current collector satisfies 0<W1≤10 mm.
However, Li et al. do teach taking an electrode sample having a length of 2mm comprising a width slightly less than the length (Paragraph 0326).
Therefore, it would be obvious to one of ordinary skill in the art thatW1 would around 2 mm or less.
Regarding claims 8-11, Li et al. teach the electrochemical apparatus according to claim 4. However, they do not teach wherein a degree of difference between a length of the first side edge of the first portion and a length of the second side edge of the first portion is greater than 5%; or wherein the length of the first side edge of the first portion is less than the length of the second side edge of the first portion; or wherein any portions are arc-shaped.
However, this is merely an example of changes in shape. MPEP 2144.04 IV B: Changes in Shape In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966)
Regarding claim 15, Li et al. teach the electrochemical apparatus according to claim 1, wherein the electrode plate comprises a second active material layer (Figs. 1 and 2 disclose two active material layers, element 10.) and a second insulation layer (Paragraphs 0225-0227 disclose protection layers are located on two opposite surface of the conductive layer. The conductive layer, element 102, is shown in Fig. 18A.).
However, Li does not specifically teach the second surface of the current collector comprises a fourth region, a fifth region, and a sixth region; wherein the fourth region is provided with the second active material layer, the fifth region is provided with the second insulation layer, and an orthographic projection of the fifth region along the thickness direction of the current collector at least partially surrounds an orthographic projection of the sixth region along the thickness direction of the current collector.
It is obvious from figures 1 and 2, that two active material layers each have a current collector separated by a support layer (Figs. 1 and 2, element 101). Therefore, zones A, B, and C shown in figure 17A can easily be envisaged as a stack with the second active material layer and second current collector reflected on the other side of the support layer in fig 18A (Element 101).
Regarding claim 16, Li et al. teach the electrochemical apparatus according to claim 15. However, they do not teach wherein the sixth region and the third region satisfy one of the following conditions:
(a3) the orthographic projection of the sixth region along the thickness direction of the current collector falls within an orthographic projection of the third region along the thickness direction of the current collector;
(b3) an orthographic projection of the third region along the thickness direction of the current collector falls within the orthographic projection of the sixth region along the thickness direction of the current collector; or
(c3) the orthographic projection of the sixth region along the thickness direction of the current collector coincides with an orthographic projection of the third region along the thickness direction of the current collector.
It is obvious from figures 1 and 2, that two active material layers each have a current collector separated by a support layer (Figs. 1 and 2, element 101). Therefore, zones A, B, and C shown in figure 17A can easily be envisaged as a stack with the second active material layer and second current collector reflected on the other side of the support layer in fig 18A (Element 101).
Allowable Subject Matter
Claims 12-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter: the subject matter of claims 12-14 is not taught in the prior art of record. Further, modifying Li with the subject matter of claims 12-14 would teach away from the invention of Li and not present a prima facie case of obviousness.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to DANIEL S GATEWOOD whose telephone number is (571)270-7958. The examiner can normally be reached M-F 8:00-5:30.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Ula Tavares-Crockett can be reached at 571-272-1481. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Daniel S. Gatewood, Ph.D.
Primary Examiner
Art Unit 1729
/DANIEL S GATEWOOD, Ph. D/ Primary Examiner, Art Unit 1729 June 4th, 2026
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