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 .
Status of Claims and Other Notes
Claims 1–15 are pending.
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 paragraph numbers cited in this Office Action in reference to the instant application are referring to the paragraph numbering of the PG-Pub of the instant application. See US 2024/0186531 A1.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 09 January 2024, 30 September 2024, 04 March 2025, 05 July 2025, 18 November 2025, 11 February 2026, and 08 June 2026 were filed before the mailing of a first Office Action on the merits. The submissions comply 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 because:
FIG. 1 uses solid black shading that is not used to represent bar graphs or color. The use of shading in views is encouraged if it aids in understanding the invention and if it does not reduce legibility. Solid black shading areas are not permitted, except when used to represent bar graphs or color. See 37 CFR 1.84 (m).
FIGS. 2–7 do not have satisfactory reproduction characteristics. Every line, number, and letter is not sufficiently dense and dark to permit adequate reproduction. See US 2024/0186531 A1. All drawings must be made by a process, which will give them satisfactory reproduction characteristics. Every line, number, and letter must be durable, clean, black (except for color drawings), sufficiently dense and dark, and uniformly thick and well defined. The weight of all lines and letters must be heavy enough to permit adequate reproduction. This requirement applies to all lines however fine, to shading, and to lines representing cut surfaces in sectional views. Lines and strokes of different thicknesses may be used in the same drawing where different thicknesses have a different meaning. See 37 CFR 1.84 (l).
FIG. 8 does not have satisfactory reproduction characteristics. The photographs or microphotographs are not of sufficient quality so that all details in the photographs are reproducible in the printed patent. See US 2024/0186531 A1. See 37 CFR 1.84 (b).
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.
Specification
The title of the invention is not descriptive. A new title is required that is clearly indicative of the invention to which the claims are directed.
The following title is suggested: POSITIVE ELECTRODE PLATE INCLUDING POROUS CARBON LAYER BETWEEN CURRENT COLLECTOR AND POSITIVE ELECTRODE ACTIVE SUBSTANCE LAYER AND SECONDARY BATTERY CONTAINING THE SAME.
The disclosure is objected to because of the following informalities:
The use of the term Ketjen black (e.g., [0075], [0078], [0092]), which is a trade name or a mark used in commerce, has been noted in this application. The term is not accompanied by the generic terminology and does not include a proper symbol indicating use in commerce. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
The use of the term Super-P (e.g., [0136]), which is a trade name or a mark used in commerce, has been noted in this application. The term is not accompanied by the generic terminology and does not include a proper symbol indicating use in commerce. The term should be accompanied by the generic terminology; furthermore the term should be capitalized wherever it appears or, where appropriate, include a proper symbol indicating use in commerce such as ™, SM , or ® following the term.
Although the use of trade names and marks used in commerce (i.e., trademarks, service marks, certification marks, and collective marks) are permissible in patent applications, the proprietary nature of the marks should be respected and every effort made to prevent their use in any manner which might adversely affect their validity as commercial marks.
Appropriate correction is required.
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 sets forth a plurality of elements (e.g., current collector, positive electrode active substance layer, and porous layer) without separating each element by a line indentation. Where a claim sets forth a plurality of elements or steps, each element or step of the claim should be separated by a line indentation. There may be plural indentations to further segregate subcombinations or related steps. See 37 CFR 1.75 (i).
Appropriate correction is required.
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.
Claims 1–3, 12, 14, and 15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al. (US 2014/0306665 A1, hereinafter Kim).
Regarding claim 1, Kim discloses a positive electrode plate (100A) for secondary battery (1000, [0080]), characterized by comprising:
a current collector (10, [0066]) and
a positive electrode active substance layer (20, [0066]), and
a porous layer (40) containing a porous carbon material between the current collector (10) and the positive electrode active substance layer (20, [0067]).
Regarding claim 2, Kim discloses all the claim limitations as set forth above and further discloses a positive electrode plate for secondary battery:
characterized in that the porous carbon material is selected from at least one of hard carbon, biomass carbon, activated carbon, carbon fiber, and carbon aerogel (see carbon fibers, [0067]).
Regarding claim 3, Kim discloses all the claim limitations as set forth above and further discloses a positive electrode plate for secondary battery:
characterized in that the positive electrode plate (100A) for secondary battery is formed by the current collector (10), the porous layer (40), and the positive electrode active substance layer (20, [0066]).
Regarding claim 12, Kim discloses a manufacturing method of a positive electrode plate (100A) for secondary battery (1000, [0080]), characterized by comprising a current collector (10, [0066]) and a positive electrode active substance layer (20, [0066]), and a porous layer (40) containing a porous carbon material between the current collector (10) and the positive electrode active substance layer (20, [0067]), characterized by comprising:
a process of forming the porous layer (40L) containing the porous carbon material on surface of at least one side of the current collector (10, [0071]); and
a process of applying a positive electrode slurry (20L) on the formed porous layer (40) to form the positive electrode active substance layer (20, [0071]).
Regarding claim 14, Kim discloses a secondary battery (1000), characterized by comprising a positive electrode plate (100A), wherein the positive electrode plate (100A) for secondary battery (1000, [0080]) is characterized by comprising:
a current collector (10, [0066]) and
a positive electrode active substance layer (20, [0066]), and
a porous layer (40) containing a porous carbon material between the current collector (10) and the positive electrode active substance layer (20, [0067]).
Regarding claim 15, Kim discloses a secondary battery (1000), characterized by comprising a positive electrode plate (100A) manufactured using a manufacturing method, wherein the manufacturing method of the positive electrode plate (100A) for secondary battery (1000, [0080]), characterized by comprising a current collector (10, [0066]) and a positive electrode active substance layer (20, [0066]), and a porous layer (40) containing a porous carbon material between the current collector (10) and the positive electrode active substance layer (20, [0067]), characterized by comprising:
a process of forming the porous layer (40L) containing the porous carbon material on surface of at least one side of the current collector (10, [0071]); and
a process of applying a positive electrode slurry (20L) on the formed porous layer (40) to form the positive electrode active substance layer (20, [0071]).
Claims 1 and 4 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Ho et al. (WO 2020/248188 A1; see US PG-Publication equivalent for citations, US 2022/0238854 A1; hereinafter Ho).
Regarding claim 1, Ho discloses a positive electrode plate for secondary battery, characterized by comprising:
a current collector (see aluminum current collector, [0128])) and
a positive electrode active substance layer (see cathode, [0122]), and
a porous layer containing a porous carbon material between the current collector and the positive electrode active substance layer (see conductive layer, [0128]).
Regarding claim 4, Ho discloses all the claim limitations as set forth above and further discloses a positive electrode plate for secondary battery:
characterized in that the positive electrode active substance layer contains lithium nickel cobalt manganese oxide (see cathode active material, [0079]); and
the porous carbon material is hard carbon, activated carbon, or carbon aerogel (see activated carbon, [0128]).
Claims 1 and 7 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kataoka et al. (US 2016/0126557 A1, hereinafter Kataoka).
Regarding claim 1, Kataoka discloses a positive electrode plate (110) for secondary battery (FIG. 2, [0030]), characterized by comprising:
a current collector (102, [0032])) and
a positive electrode active substance layer (105, [0030]), and
a porous layer (103) containing a porous carbon material (115) between the current collector (102) and the positive electrode active substance layer (105, [0031]).
Regarding claim 7, Kataoka discloses all the claim limitations as set forth above and further discloses a positive electrode plate for secondary battery:
characterized in that Dv50 of the porous carbon material (115) is 1 μm-100 μm (TABLE 1, [0097]).
Claims 1 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yoshikawa et al. (US 2023/0207805 A1, hereinafter Yoshikawa).
Regarding claim 1, Yoshikawa discloses a positive electrode plate (1) for secondary battery (10, [0146]), characterized by comprising:
a current collector (14, [0034])) and
a positive electrode active substance layer (12, [0034]), and
a porous layer (15) containing a porous carbon material (see carbon particles, [0088]) between the current collector (14) and the positive electrode active substance layer (12, [0034]).
Regarding claim 11, Yoshikawa discloses all the claim limitations as set forth above and further discloses a positive electrode plate for secondary battery:
characterized in that the positive electrode plate (1) has pores in surface of a side on which the positive electrode active substance layer (12) is provided (FIG. 1, [0130],
wherein pore diameter of the pores exhibits a maximum circumferential diameter distribution of 1 μm-50 μm (see pore diameter distribution, [0307]).
Claims 12 and 13 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Takahata (US 2013/0209889 A1).
Regarding claim 12, Takahata discloses a manufacturing method of a positive electrode plate (12) for secondary battery (10, [0054]), characterized by comprising a current collector (10, [0027]) and a positive electrode active substance layer (124, [0027]), and a porous layer (123) containing a porous carbon material (51) between the current collector (122) and the positive electrode active substance layer (124, [0031]), characterized by comprising:
a process of forming the porous layer (123) containing the porous carbon material (51) on surface of at least one side of the current collector (122, [0067]); and
a process of applying a positive electrode slurry on the formed porous layer (123) to form the positive electrode active substance layer (124, [0068]).
Regarding claim 13, Takahata discloses all the claim limitations as set forth above and further discloses a manufacturing method of a positive electrode plate for secondary battery:
characterized in that the porous layer (123) is formed by a slurry comprising the porous carbon material (51), acetylene black (52) as a conductive agent (see AB, [0067]), polyvinylidene fluoride as a binder (see PVDF, [0067]), and N-methylpyrrolidone as a solvent (see NMP, [0067]).
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.
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 5 and 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kataoka (US 2016/0126557 A1) as applied to claim 1 above, and further in view of Sakshaug et al. (US 2017/0170477 A1, hereinafter Sakshaug).
Regarding claims 5 and 6, Kataoka discloses all the claim limitations as set forth above, but does not explicitly disclose a positive electrode plate for secondary battery:
characterized in that the porous carbon material comprises micropores, mesopores, and macropores,
wherein pore diameter of the micropores is 2 nm or below,
pore diameter of the mesopores is greater than 2 nm and less than 50 nm, and
pore diameter of the macropores is 50 nm or above;
characterized in that in the porous carbon material, a total pore volume of the micropores, mesopores, and macropores is 0.02 cm3/g or above, and
a summed-up pore volume of the micropores and mesopores accounts for 5%-85% with respect to the total pore volume.
Sakshaug discloses a porous carbon material comprises micropores, mesopores, and macropores (see porous carbon scaffold, [0530]), wherein pore diameter of the micropores is 2 nm or below (see micropores, [0530]), pore diameter of the mesopores is greater than 2 nm and less than 50 nm (see mesopores, [0530]), and pore diameter of the macropores is 50 nm or above (see macropores, [0530]); characterized in that in the porous carbon material, a total pore volume of the micropores, mesopores, and macropores is 0.02 cm3/g or above (see total pore volume, [0530]), and a summed-up pore volume of the micropores and mesopores accounts for 5%-85% with respect to the total pore volume (see pore structure, [0530]) to improve electrochemical performance (see composites, [0016]). Kataoka and Sakshaug are analogous because they are directed to secondary batteries. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the porous carbon material of Kataoka with the pore structure of Sakshaug in order to improve electrochemical performance.
Claims 8 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kataoka (US 2016/0126557 A1) as applied to claim 1 above, and further in view of Ghimbeau (WO 2021/116455 A1; see English language equivalent, US 2023/0067245 A1; hereinafter Ghimbeau).
Regarding claims 8 and 9, Kataoka discloses all the claim limitations as set forth above, but does not explicitly disclose a positive electrode plate for secondary battery:
characterized in that a ratio of a specific surface area of the positive electrode plate under carbon dioxide atmosphere to a specific surface area of the positive electrode plate under nitrogen atmosphere is 2 or above; and
characterized in that the specific surface area of the positive electrode plate under carbon dioxide atmosphere is 2 m2/g or above, and
the specific surface area of the positive electrode plate under nitrogen atmosphere is 1 m2/g or below.
Ghimbeau discloses an electrode plate characterized in that a ratio of a specific surface area of the electrode plate under carbon dioxide atmosphere to a specific surface area of the positive electrode plate under nitrogen atmosphere is 2 or above ([0011], [0012]; TABLE 1, [0105]); and characterized in that the specific surface area of the positive electrode plate under carbon dioxide atmosphere is 2 m2/g or above ([0011], [0012]; TABLE 1, [0105]), and the specific surface area of the positive electrode plate under nitrogen atmosphere is 1 m2/g or below ([0011], [0012]; TABLE 1, [0105]) to improve the capacity characteristics of the secondary battery ([0004], [0017]). Kataoka and Ghimbeau are analogous because they are directed to secondary batteries. Therefore, it would have been obvious to one of ordinary skill in the art at the effective filing date of the invention to make the positive electrode plate of Kataoka with the specific surface areas of Ghimbeau in order to improve the capacity characteristics of the secondary battery.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2014/0306665 A1).
Regarding claim 10, Kim discloses all the claim limitations as set forth above and further discloses a positive electrode plate for secondary battery:
characterized in that under a condition that thickness of the positive electrode active substance layer (20) is set to 100 parts by thickness, thickness of the porous layer (30) accounts for 2.5–200 parts by thickness (FIG. 4 A, [0051]).
Although Kim does not explicitly disclose a range of 1–50 parts by thickness, Kim does disclose an overlapping range. Therefore, it would have been obvious to one of ordinary skill in the art at the time of invention to have selected the overlapping portion of the ranges disclosed by the reference because selection of overlapping portion of ranges has been held to be a prima facie case of obviousness. In re Malagari, 182 USPQ 549.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Sean P Cullen, Ph.D. whose telephone number is (571)270-1251. The examiner can normally be reached Monday to Thursday 6:00 am to 4:00 pm CT, Friday 6:00 am to 12:00 pm CT.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Basia A Ridley can be reached at (571)272-1453. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/Sean P Cullen, Ph.D./Primary Examiner, Art Unit 1725
Prosecution Insights