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 statements filed January 24, 2024 & May 8, 2025 has/have been received and complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Accordingly, the information disclosure statement(s) is/are being considered by the examiner, and an initialed copied is attached herewith.
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.
Claim(s) 1-16 is/are rejected under 35 U.S.C. 103 as being unpatentable over LIU et al., CN-113078288-A in view of 山口 裕之 JP-5453738-B2.
With respect to claim 1, LIU teaches a positive electrode plate for a wound cell (The electrode assembly may be a laminated structure in which a positive electrode, a separator, and a negative electrode are a wound structure in which a positive electrode, a separator, and a negative electrode are sequentially stacked and wound; Detailed Description, paragraph 3), comprising:; a first alkali metal ion-providing material and/or a second alkali metal ion-providing material are distributed in the first positive electrode film (the first positive electrode film includes: The first active material layer containing a first positive electrode material [a first alkali metal ion-providing material] and a first lithium-containing material [a second alkali metal ion-providing material]; Detailed Description, paragraph 4), the first alkali metal ion-providing material of the first positive electrode film having an irreversible capacity (the first active material layer includes Li2C4O4; Example 5; Examiners Note: P1= Li2C4O4= 136,000 ppm per any material scientific literature), the second alkali metal ion-providing material of the first positive electrode film having a reversible capacity (the first active material layer includes LiNiO2; Example 5; Examiners Note: Q1= LiNiO2= 590,000 ppm per any material scientific literature), the first alkali metal ion-providing material of the first positive electrode film providing alkali metal ions of P1 ppm (the first active material layer includes Li2C4O4; Example 5; Examiners Note: P1= Li2C4O4= 136,000 ppm per any material scientific literature), and the second alkali metal ion-providing material of the first positive electrode film providing alkali metal ions of Q1 ppm (the first active material layer includes LiNiO2; Example 5; Examiners Note: Q1= LiNiO2= 590,000 ppm per any material scientific literature ); a first alkali metal ion-providing material and/or a second alkali metal ion-providing material are distributed in the second positive electrode film (the second positive electrode film includes the second active material layer containing a second positive electrode material [second alkali metal ion-providing material] ; Detailed Description, paragraph 4; the second active material layer includes a second lithium-containing material; teaching claim 4; second lithium-containing material comprises Li2C3O3 Li2C4O4、Li2C5O5 Li2C6O6Or LiN3 At least one of (1); Detailed Description, paragraph 17; See also teaching claim 7), the first alkali metal ion-providing material of the second positive electrode film having an irreversible capacity (second lithium-containing material comprises Li2C3O3 Li2C4O4、Li2C5O5 Li2C6O6 LiN3 At least one of (1); Detailed Description, paragraph 17; See also teaching claim 7; Example 5 there is no first alkali metal ion-providing material; Examiners Note: P2= 0 in Example 5, when Li2C6O6 is present P2= 128,000 ppm per any material scientific literature), the second alkali metal ion-providing material of the second positive electrode film having a reversible capacity (the second positive electrode material comprises LiCoO2,LiNiO2 , LiMnO2, LiCoPO4 At least one of (1); Detailed Description, paragraph 8), the first alkali metal ion-providing material of the second positive electrode film providing alkali metal ions of P2 ppm (Example 5 there is no first alkali metal ion-providing material; Examiners Note: P2= 0 in Example 5, when Li2C6O6 is present P2= 128,000 ppm per any material scientific literature), and the second alkali metal ion-providing material of the second positive electrode film providing alkali metal ions of Q2 ppm (second active material layer includes LiNiO2; Example 5; the second positive electrode material comprises LiCoO2, LiNiO2 , LiMnO2, LiCoPO4 At least one of (1); Detailed Description, paragraph 8; Examiners Note: in Example 5 Q2= LiNiO2= 590,000 ppm per any material scientific literature ); and the first positive electrode film and the second positive electrode film satisfy a relationship (P1+Q1)>(P2+Q2), wherein P1>0, P2>0, Q1>0, and Q2>0 (In Example 5: (P1= 136,000+Q1= 590,000= 726,000)>(P2 = 0+Q2=590,000 = 590,000; Thus 726,000 > 590,000). Alternatively, when Li2C6O6 is present P2= 128,000 ppm; (P1= 136,000+Q1= 590,000= 726,000)>(P2 = 128,000 + Q2=590,000= 718,000; Thus 726,000 > 718,000)).
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With respect to claim 2, a positive electrode plate for a laminated cell, comprising: a first alkali metal ion-providing material and/or a second alkali metal ion-providing material are distributed in the first positive electrode film (the first positive electrode film includes: The first active material layer containing a first positive electrode material [a first alkali metal ion-providing material] and a first lithium-containing material [a second alkali metal ion-providing material]; Detailed Description, paragraph 4), the first alkali metal ion-providing material of the first positive electrode film having an irreversible capacity (the first active material layer includes Li2C4O4; Example 5; Examiners Note: P1= Li2C4O4= 136,000 ppm per any material scientific literature), the second alkali metal ion-providing material of the first positive electrode film having a reversible capacity (the first active material layer includes LiNiO2; Example 5; Examiners Note: Q1= LiNiO2= 590,000 ppm per any material scientific literature), the first alkali metal ion-providing material of the first positive electrode film providing alkali metal ions of P1 ppm (the first active material layer includes Li2C4O4; Example 5; Examiners Note: P1= Li2C4O4= 136,000 ppm per any material scientific literature), and the second alkali metal ion-providing material of the first positive electrode film providing alkali metal ions of Q1 ppm (the first active material layer includes LiNiO2; Example 5; Examiners Note: Q1= LiNiO2= 590,000 ppm per any material scientific literature ); a first alkali metal ion-providing material and/or a second alkali metal ion-providing material are distributed in the second positive electrode film (the second positive electrode film includes the second active material layer containing a second positive electrode material [second alkali metal ion-providing material] ; Detailed Description, paragraph 4; the second active material layer includes a second lithium-containing material; teaching claim 4; second lithium-containing material comprises Li2C3O3 Li2C4O4、Li2C5O5 Li2C6O6Or LiN3 At least one of (1); Detailed Description, paragraph 17; See also teaching claim 7), the first alkali metal ion-providing material of the second positive electrode film having an irreversible capacity (second lithium-containing material comprises Li2C3O3 Li2C4O4、Li2C5O5 Li2C6O6 LiN3 At least one of (1); Detailed Description, paragraph 17; See also teaching claim 7; Example 5 there is no first alkali metal ion-providing material; Examiners Note: P2= 0 in Example 5, when Li2C6O6 is present P2= 128,000 ppm per any material scientific literature), the second alkali metal ion-providing material of the second positive electrode film having a reversible capacity (the second positive electrode material comprises LiCoO2,LiNiO2 , LiMnO2, LiCoPO4 At least one of (1); Detailed Description, paragraph 8), the first alkali metal ion-providing material of the second positive electrode film providing alkali metal ions of P2 ppm (Example 5 there is no first alkali metal ion-providing material; Examiners Note: P2= 0 in Example 5, when Li2C6O6 is present P2= 128,000 ppm per any material scientific literature), and the second alkali metal ion-providing material of the second positive electrode film providing alkali metal ions of Q2 ppm (second active material layer includes LiNiO2; Example 5; the second positive electrode material comprises LiCoO2, LiNiO2 , LiMnO2, LiCoPO4 At least one of (1); Detailed Description, paragraph 8; Examiners Note: in Example 5 Q2= LiNiO2= 590,000 ppm per any material scientific literature ); and the first positive electrode film and the second positive electrode film satisfy a relationship (P1+Q1)>(P2+Q2), wherein P1>0, P2>0, Q1>0, and Q2>0 (In Example 5: (P1= 136,000+Q1= 590,000= 726,000)>(P2 = 0+Q2=590,000 = 590,000; Thus 726,000 > 590,000). Alternatively, when Li2C6O6 is present P2= 128,000 ppm; (P1= 136,000+Q1= 590,000= 726,000)>(P2 = 128,000 + Q2=590,000= 718,000; Thus 726,000 > 718,000)). With respect to claim 3, a porosity of the first positive electrode film is greater than a porosity of the second positive electrode film (During charging, the mass percentage of the first lithium-containing material in the first active material layer is greater than that of the second lithium-containing material in the second active material layer, so that the gas generation of the first active material layer is more, the porosity of the first active material layer can be increased; Detailed Description, paragraph 14). With respect to claim 5, the first positive electrode film and the second positive electrode film satisfy a relationship (P1/Q1)>(P2/Q2) (In Example 5: (P1= 136,000/Q1= 590,000= 0.231)>(P2 = 0/Q2=590,000 = 0; Thus 0.231 > 0). Alternatively, when Li2C6O6 is present P2= 128,000 ppm; (P1= 136,000/Q1= 590,000= 0.231)>(P2 = 128,000/Q2=590,000= 0.217; Thus 0.231 > 0.217)). With respect to claim 6, the positive electrode plate has at least one of the following characteristics: a value of (P1/Q1) ranges from 0.1% to 70%; a value of (P2/Q2) ranges from 0 to 70%; or a value of (Pi/Qi)-(P2/Q2) ranges from 0.1% to 60% (In Example 5: (a value of (P1/Q1) ranges from 0.1% to 70%; P1= 136, 000/Q1= 590,000= 0.231 x 100= 23.1%). With respect to claim 7, the positive electrode plate has at least one of the following characteristics: P1+Q1 = 40000 ppm to 180000 ppm; P2+Q2 = 40000 ppm to 180000 ppm; or (P1+Q1):(P2+Q2) = (1.001-2):1 (In Example 5: (P1= 136,000+Q1= 590,000= 726,000):(P2- 0+Q2- 590,000= 590,000) = 1.2308 : 1 which falls within (1.001-2):1).
With respect to claim 10, the first alkali metal ion-providing material comprises at least one of alkali metal nitride, alkali metal oxide, alkali metal oxide/transition metal complex, alkali metal peroxide, peralkali metal oxide, or alkali metal oxycarbide (alkali metal oxycarbide = Li2C4O4; Example 5). With respect to claim 11, the positive electrode plate has at least one of the following characteristics: the alkali metal nitride is A3N; the alkali metal oxide is A2O; the alkali metal oxide/transition metal complex is A2O/M; the alkali metal peroxide is A2O2; the peralkali metal oxide comprises A2NiO2 and AsFeO2C2O4, A2C4O4, A2C3O5, and A2C4O6, wherein A is alkali metal element, and M is transition metal element(A2C4O4,= Li2C4O4; Example 5). With respect to claim 12,
the second alkali metal ion-providing material comprises at least one of: an alkali metal ion active material having a layered structure for a secondary battery; an alkali metal ion active material having an olivine structure for a secondary battery; an alkali metal ion active material having a spinel structure for a secondary battery; or an alkali metal ion active material of prussian blue type for a secondary battery. (an alkali metal ion active material having a layered structure for a secondary battery; Example 5, Q2: LiNiO2; Examiners Note: in Example 5 Q2= LiNiO2= 590,000 ppm & forms an α-NaFeO2 per any material scientific literature). With respect to claim 13, the alkali metal is selected from a group consisting of lithium, sodium, or a combination thereof (alkali metal is lithium; Example 5). With respect to claim 15, a secondary battery (The lithium ion battery may be a secondary battery (e.g., a lithium ion secondary battery); Detailed Description, paragraph 3). With respect to claim 16, a powered device (rapid development of electronic products and electric vehicles, the demand for electrochemical devices (e.g., lithium ion batteries) is also increasing; Background paragraph 2).
LIU does not teach with sufficient specificity: at least one waist region close to a waist portion and at least one end region away from the waist portion, wherein a first positive electrode film is disposed in the at least one waist region and a second positive electrode film is disposed in the at least one end region (claim 1); a central region close to a center of the positive electrode plate; and an edge region away from the center, wherein a first positive electrode film is disposed in the central region and a second positive electrode film is disposed in the edge region (claim 2); a ratio of the porosity of the first positive electrode film to the porosity of the second positive electrode film is 1.003 to 3: 1 (claim 4); the positive electrode plate has at least one of the following characteristics: the at least one waist region is a strip-shaped region distributed along a length direction of the positive electrode plate; the at least one end region is a strip-shaped region distributed along the length direction of the positive electrode plate; the at least one waist region has a width in a range of 0.05D to 0.95D, wherein D is a total width of an active substance region of the positive electrode plate; the at least one end region has a width in a range of 0.05D to 0.95D, wherein D is a total width of the active substance region of the positive electrode plate; a total area of the at least one waist region accounts for 5% to 95% of a total area of the active substance region of the positive electrode plate, optionally 50% to 95%; or a total area of the at least one end region accounts for 5% to 95% of the total area of the active substance region of the positive electrode plate, optionally 5% to 50% (claim 8); the positive electrode plate has at least one of the following characteristics: the central region has a circle pattern, an ellipse pattern, a polygon pattern, or a similar pattern centered on the center of the positive electrode plate; the edge region is an annular region distributed along an edge of the positive electrode plate; a total area of the central region accounts for 5% to 95% of a total area of an active substance region of the positive electrode plate, optionally 50% to 95%; or a total area of the edge region accounts for 5% to 95% of the total area of the active substance region of the positive electrode plate, optionally 5% to 50% (claim 9); wherein the at least one waist region comprises one waist region and the at least one end region comprises two end regions, wherein the one waist region is located between the two end regions, a first positive electrode film is disposed in the waist region, and a second positive electrode film is disposed in each of the two end regions (claim 14).
山口 裕之 teaches that tit is well known in the art to employ: lithium ion secondary batteries (See the Abstract) with at least one waist region close to a waist portion and at least one end region away from the waist portion, wherein a first positive electrode film is disposed in the at least one waist region and a second positive electrode film is disposed in the at least one end region (Fig. 4; Examiners Note: the positive electrodes cross both regions; claim 1);
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a central region close to a center of the positive electrode plate; and an edge region away from the center, wherein a first positive electrode film is disposed in the central region and a second positive electrode film is disposed in the edge region (Fig. 8; Examiners Note: the positive electrodes cross both regions; claim 2).
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the positive electrode plate has at least one of the following characteristics: the at least one waist region is a strip-shaped region distributed along a length direction of the positive electrode plate; the at least one end region is a strip-shaped region distributed along the length direction of the positive electrode plate; the at least one waist region has a width in a range of 0.05D to 0.95D, wherein D is a total width of an active substance region of the positive electrode plate; the at least one end region has a width in a range of 0.05D to 0.95D, wherein D is a total width of the active substance region of the positive electrode plate; a total area of the at least one waist region accounts for 5% to 95% of a total area of the active substance region of the positive electrode plate, optionally 50% to 95%; or a total area of the at least one end region accounts for 5% to 95% of the total area of the active substance region of the positive electrode plate, optionally 5% to 50% (the at least one end region is a strip-shaped region distributed along the length direction of the positive electrode plate; Figs. 4 & 8; Examiners Note: the positive electrodes cross the waist, end, central and edge regions; claim 8); the positive electrode plate has at least one of the following characteristics: the central region has a circle pattern, an ellipse pattern, a polygon pattern, or a similar pattern centered on the center of the positive electrode plate; the edge region is an annular region distributed along an edge of the positive electrode plate; a total area of the central region accounts for 5% to 95% of a total area of an active substance region of the positive electrode plate, optionally 50% to 95%; or a total area of the edge region accounts for 5% to 95% of the total area of the active substance region of the positive electrode plate, optionally 5% to 50% (the central region has a circle pattern, an ellipse pattern, a polygon pattern, or a similar pattern centered on the center of the positive electrode plate; Figs. 8; Examiners Note: the positive electrodes cross the central and edge regions; the wound configuration in Fig. 4 has a central wound region in the aerial view; claim 9); wherein the at least one waist region comprises one waist region and the at least one end region comprises two end regions, wherein the one waist region is located between the two end regions, a first positive electrode film is disposed in the waist region, and a second positive electrode film is disposed in each of the two end regions (Figs. 8; Examiners Note: the positive electrodes cross the central and edge regions; claim 14).
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LIU and 山口 裕之 are analogous art from the same field of endeavor, namely fabricating lithium ion secondary batteries.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ at least one waist region close to a waist portion and at least one end region away from the waist portion, wherein a first positive electrode film is disposed in the at least one waist region and a second positive electrode film is disposed in the at least one end region of 山口 裕之, as wound or laminate cell of LIU, to mitigate uneven waste distribution. Furthermore, rearrangement of essential working parts of a device is prima facie obvious. See In re Japikse, 181 F.2d 1019, 86 USPQ 70 (CCPA 1950). The Courts have held that claims directed to apparatus must be distinguished from the prior art in terms of structure rather than function. In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959); Hewlett-Packard Co. v. Bausch and Lomb, Inc., 15 USPQ2d 1525, 1528 (Fed. Cir. 1990); See also MPEP §§2114 and 2173.05(g). Furthermore, the manner of operating the device does not differentiate an apparatus claim from the prior art. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). Therefore, because the structure of the wound or laminate cell of LIU in view of 山口 裕之 teaches all the structural limitations of the claims, one of ordinary skills in the art can use the wound or laminate cell of LIU in view of 山口 裕之 to operate it in the manner disclosed by the Applicant. Lastly, change in shape of essential working parts of a device is prima facie obvious. See In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
With respect to a ratio of the porosity of the first positive electrode film to the porosity of the second positive electrode film being 1.003 to 3: 1 (claim 4); it would have been obvious.in the wound or laminate cell of LIU in view of 山口 裕之, to control gas generation and utilization of the positive electrode material. LIU teaches during charging, the mass percentage of the first lithium-containing material in the first active material layer is greater than that of the second lithium-containing material in the second active material layer, so that the gas generation of the first active material layer is more, the porosity of the first active material layer can be increased; Detailed Description, paragraph 14. Furthermore, "where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
Conclusion
Any inquiry concerning this communication or earlier communications from the Examiner should be directed to Monique Wills whose telephone number is (571) 272-1309. The Examiner can normally be reached on Monday-Friday from 8:30am to 5:00 pm.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONIQUE M WILLS whose telephone number is (571)272-1309. The Examiner can normally be reached on Monday-Friday from 8:30am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the Examiner's supervisor, Tiffany Legette, may be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Monique M Wills/
Examiner, Art Unit 1722
/TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723
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