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 .
Claims 1-10 are pending in the application
Claim Objections
Claim 1 is objected to because of the following informalities:
Claim 1 recites the limitation “performing initial charging for forming a negative electrode SEI film” without any clarification of what “SEI” is an abbreviation for.
Appropriate correction is required.
Claim Rejections - 35 USC § 112
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.
Claims 1-10 are 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 1 recites the limitation “an electrode body of a wound shape in which the electrolytic solution permeates to the inside” in lines 6-7. There is insufficient antecedent basis for the limitation “the inside” in the claim. It is unclear if what “the inside” is in reference to as none has been positively claimed. Changing the claim to read “to the inside of the electrode body” would imply an inside of the electrode body, improving clarity and resolving this antecedent basis issue.
Claim 1 recites the limitation “forming a to-be-permeated electrode body of a wound shape, in which the electrolytic solution does not permeate” in lines 15-16 and “waiting for an elapse of a predetermined waiting time during which the electrolytic solution permeates the entire to-be permeated electrode body after the injecting” in lines 20-22 which render the claim vague and indefinite. It is unclear if the “to-be permeated electrode body” cannot be permeated by the electrolyte, as “in which the electrolytic solution does not permeate” appears to say in lines 15-16, or if the to-be-permeated electrode body is capable of permeation with the electrolytic solution, as lines 20-22 appear to say.
Claim 1 recites the limitation “the forming of the to-be-permeated electrode body is forming the to-be-permeated electrode body” in lines 25-26 which renders the claim vague and indefinite. It is unclear if “is forming the to-be-permeated electrode body” is a part of “the forming of the to-be-permeated electrode body” step or is a separate forming step. For purpose of examination it will be assumed that the forming step is included in the first forming step.
Claim 1 recites the limitation “in which a film-forming material for forming the negative electrode SEI film in the negative active material layer is disposed” in lines 26-27 which renders the claim vague and indefinite. It is unclear if the film-forming material is in the negative active material layer or if the negative electrode SEI film is in the negative active material layer.
Claim 1 recites the limitation “in which a film-forming material for forming the negative electrode SEI film in the negative active material layer is disposed in advance in a center portion, in an axial direction, of the to-be-permeated electrode body” in lines 26-29 which renders the claim vague and indefinite. It is unclear if “a film-forming material for forming the negative electrode SEI film in the negative active material layer is disposed in advance in a center portion” means that the film-forming material is disposed before the initial charging, before the waiting, before forming the to-be-permeated electrode body, or at another time completely.
Claims 2-10 are rejected as being dependent upon a rejected claim.
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.
Claim 1 is rejected under 35 U.S.C. 103 as being unpatentable over Sugihara (Japanese Patent Application Publication No. 2014/157748) in view of Nakai (Japanese Patent Application Publication No. 2005/158643). For prior art discussion see English translations for JP-2014157748-A and JP-2005158643-A).
Sugihara teaches a method for producing a power storage device (nonaqueous electrolyte secondary battery, title). The power storage device includes an electrolytic solution which contains ethylene carbonate and a solvent having a lower melting point than that of ethylene carbonate (diethyl carbonate, page 61, paragraph 5, lines 1-3, which has a lower melting point than that of ethylene carbonate as evidenced by Applicant’s specification, [0013]), and an electrode body of a wound shape (page 77, paragraph 3, lines 3-5) in which the electrolytic solution permeates to the inside (page 65, paragraph4, lines 1-3). The electrode body includes a strip-shaped positive electrode plate (positive electrode sheet, fig. 4 ref. #30), a strip-shaped negative electrode plate (negative electrode sheet) including a strip-shaped negative active material layer (fig. 4, ref. #50, #54) , and strip-shaped separators (fig. 4 ref. #70) (page 79, paragraph 4 to page 82, paragraph 4). There is also a case housing the electrode body and the electrolytic solution (page 19, paragraph 1 lines 1-5).
Sugihara teaches the width dimension of the negative electrode up is up to 140 mm (page 91, paragraph 3, lines 1-3), though Sugihara does not explicitly teach the electrode body including the negative active material layer having a width dimension of 180 mm or larger.
Nakai teaches a lithium-ion battery including a positive electrode and a negative electrode (abstract). Nakai also teaches that the negative electrode active material (negative electrode active material mixture layer) has a width of 306 mm (page 11, paragraph 3), which, due to its large area, allows for increased energy output (page 3 paragraph 3 line 4 to page 4 paragraph 1 line 2). This overlaps with the claimed range of 180 mm or more. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05)
It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to use a width of 306 mm for the negative electrode active material as taught by Nakai in the negative electrode of Sugihara. One of ordinary skill in the art would have been motivated to use this size as it allows for increased energy output.
Sugihara further teaches the method including multiple steps, first forming a to-be-permeated electrode body of a wound shape, in which the electrolytic solution does not permeate (page 87, paragraph 1, lines 1-3). The forming of the to-be-permeated electrode body includes adding a film-forming material (an oxalate complex) for forming the negative electrode SEI film in the negative active material layer being disposed in advance (i.e. during the formation of the negative electrode) in a center portion, in an axial direction, of the to-be-permeated electrode body (the oxalate complex is included in the negative electrode paste B, fig. 4 ref. #54A, see below).
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Next, housing the to-be-permeated electrode body into the case (page 87 paragraph 4 to page 88 paragraph 1). Next, injecting the electrolytic solution into the case housing the to-be-permeated electrode body (page 88 paragraph 2). This is followed by performing initial charging for forming a negative electrode SEI film in the negative active material layer, then waiting for an elapse of a predetermined waiting time (six (6) hours) during which the electrolytic solution permeates the entire to-be-permeated electrode body after the injecting (page 94, paragraph 3) then performing initial charging for forming a negative electrode SEI film in the negative active material layer after the waiting step (page 94, paragraph 3, to page 95, paragraph 2).
Claims 2-10 are rejected under 35 U.S.C. 103 as being unpatentable over Sugihara (Japanese Patent Application Publication No. 2014/157748) in view of Nakai (Japanese Patent Application Publication No. 2005/158643), further in view of Mihashi (Japanese Patent Application Publication No. 2013182712) and Ryu (WIPO Patent Application Publication No. 2021/225339). For prior art discussion see English translations for JP-2014157748-A, JP-2005158643-A, JP-2013182712-A, and WO-2021225339-A1.
Sugihara and Nakai are relied upon as described above.
Regarding Claim 2, Sugihara teaches the forming of the to-be-permeated electrode body includes forming an adjunct negative electrode plate (steps c and d, abstract page 2, lines 7-12). A center portion in a width direction is a strip-shaped adjunct negative active material layer containing the film-forming material (strip-shaped portions containing 54A in the center portion, fig. 4, see above).
Sugihara does not teach peripheral edge side portions on both sides in the width direction are respectively strip-shaped non-inclusive negative active material layers containing no film-forming material.
Mihashi teaches a nonaqueous electrolyte secondary battery (abstract). The negative electrode contains a modified center portion of the negative electrode active material (surface modified portion, abstract) which has improved surface wettability. The improved surface wettability allows for improved electrolyte permeation into the center of the negative electrode active material, in turn giving a more homogenous solid electrolyte interface (SEI) (page 20, paragraph 3 to paragraph 4). Increasing the surface wettability of only the central portion, and not the edge portions, is crucial, as increased surface wettability of the edge portions results in electrolyte retention at the ends of the electrode increasing, which hinders the improvement of permeability (page 10, paragraph 2 and paragraph 3).
It would have been obvious to one of ordinary skill in the art, at the time of the effective filing date of the claimed invention, to modify only the central portion of the negative electrode active material to increase surface wettability, as taught by Mihashi in the negative electrode active material of Sugihara. One of ordinary skill in the art would have been motivated to make this inclusion to improve the homogeneity of the solid electrolyte interface (SEI) (page 20, paragraph 3 to paragraph 4).
Ryu teaches a negative electrode and a manufacturing method for a negative electrode used in a secondary battery (abstract). Ryu also teaches a negative electrode active material layer includes a film-forming material (ethylene carbonate, abstract) which allows for the electrolyte to more easily penetrate into the center of the electrode, in turn allowing for more uniform SEI formation and improved battery lifespan and stability (page 25, paragraph 1-3).
Therefore, in view of the combined teachings of Mihashi and Ryu, one of ordinary skill in the art would have found it obvious to include the ethylene carbonate film forming material only in the central portion in order to improve the properties of the negative electrode material as taught in these secondary references. The resulting structure would include no film-forming material in the sides of the strip-shaped negative active material layer of Sugihara et al. in order to improve electrolyte permeation in the center as taught by Mihashi, thereby meeting the presently claimed limitations.
Regarding Claim 3, modified Sugihara teaches in the forming of the adjunct negative electrode plate, a non-inclusive negative electrode paste which contains no film- forming material but contains negative active material particles, is used to form the non-inclusive negative active material layer, and an adjunct negative electrode paste which contains the negative active material particles and the film-forming material is used to form the adjunct negative active material layer (the paste A and paste B used in the negative electrode of Sugihara, abstract page 2 lines 4-7, with the additive of Ryu added in the center portion and not in the edge portions as discussed in Claim 1).
Regarding Claim 4 and 6, Mihashi further teaches that the width of the center portion (2 x Lp) satisfies the formula 0.2 ≤ Lp/L ≤ 0.7, in which 2 x L is the width of the negative electrode active material (length in the permeation direction, page 2, lines 12-15, and fig. 4 ref. #54, #54). This ratio of distances is important as lower than this ratio means the effect improving penetration cannot be fully obtained, while larger than this ratio results in the electrolyte retention at the ends of the electrode increases, which hinders the improvement of permeability (page 10, paragraph 2 and paragraph 3).
For a width of 306 mm, as taught by Nakai, the center portion is 2 X Lp (Mihashi, fig. 4, ref. #56), which results in a center portion of 60.2 mm to 214.2 mm (0.2 = Lp/(153 mm), therefore Lp = 30.6 mm and 2 x Lp = 60.2, to 0.7 = Lp/(153 mm), therefore Lp = 107.1mm and 2 x Lp = 214.2). This results in the width of each of the edge portions being 45.6 mm (306 mm – 214.8 mm = 91.2 mm for the edge portions combined, 45.6 mm for each edge portion) to 122.4 mm (306 mm - 61.2 mm = 244.8 mm for the edge portions combined, 122.4 mm for each edge portion).
Therefore, the center portion is 45.6 mm to 122.4 mm away from both peripheral edges, which overlaps with the claimed range of 80 mm or more. In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists (MPEP 2144.05).
Regarding Claims 5 and 7-10, modified Sugihara teaches the film-forming material is ethylene carbonate (Ryu, abstract).
Conclusion
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/MAL/
Myles Alan LovaszExaminer, Art Unit 1788 06/04/2026
/ALEXANDRE F FERRE/Primary Examiner, Art Unit 1788 06/08/2026
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