CTNF 18/497,942 CTNF 85234 DETAILED ACTION Notice of Pre-AIA or AIA Status 07-03-aia AIA 15-10-aia The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA. Claim Objections Claims 1-13 are objected to because of the following informalities: With regards to Claims 1 and 4, in order to promote clarity, please amend “a thickness ratio of the heat suppression layer and the positive active material layer is” to “a thickness ratio of the heat suppression layer to the positive active material layer is”. Similarly, please amend “a mixing ratio of the compound for suppressing heat generation and the binder is” to “a mixing ratio of the compound for suppressing heat generation to the binder is” in Claim 12. With regards to Claim 2, please amend “Li 4 Ti 5 O1 2 ” to “Li 4 Ti 5 O 12 ”. With regards to Claim 3, please amend “the compound at least one” to “the compound is at least one”. Appropriate corrections are required. Claim Rejections - 35 USC § 103 07-20-aia AIA 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. 07-21-aia AIA Claim s 1-3, 5-11, and 13 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2014203625 (“Eguchi et al.”). Please note that all citations will refer to the translation provided in IDS 10/30/2023 . With regards to Claims 1-3 and 5-7, Eguchi et al. teaches a positive electrode for a rechargeable lithium battery, the positive electrode comprising a current collector main body (1), a positive electrode active material layer (5) comprising a positive active material, and a coat layer (2 – corresponds to Applicant’s heat suppression layer) between the current collector main body and the positive electrode active material layer. Eguchi et al. teaches the coat layer comprises a TiO 2 compound (Abstract, Figs. 1-5, [0015]-[0017], and [0045]). Considering that Eguchi et al.’s coat layer is between the current collector main body and positive electrode active material layer and comprises the same claimed compound in Applicant’s heat suppression layer, the Examiner deems that the TiO 2 is a compound that suppresses heat generation. The properties set forth in the claim(s) are material properties. Eguchi et al. use the same material as claimed and therefore, would be expected to exhibit the same properties as claimed. Eguchi et al. teaches a thickness of its current collector main body is 10 μm to 100 μm [0023] (20 μm in [0109]), a thickness of its coat layer is preferably 10 nm to 1 μm, and a thickness of its positive electrode is 50 microns ([0070], and [0115]). Therefore, a thickness of 29 μm for its positive electrode active material layer is within the purview of Eguchi et al. (e.g. 20 μm thick current collector main body, 1 μm thick coat layer, and 29 μm thick positive electrode active material produces a 50 μm thick positive electrode). Thus, a thickness ratio of the coat layer (heat suppression layer) and the positive electrode active material layer overlaps with the claimed range of about 1:5 to about 1:20 (i.e. a thickness ratio of 0.03 overlaps with the claimed about 0.05). It would have been obvious to one of ordinary skill in the art at the time of the invention to have selected the overlapping portion of the ranges disclosed by the reference because overlapping ranges have been held to be a prima facie case of obviousness, In re Malagari , 182 USPQ 549. With regards to Claims 8 and 9, Eguchi et al. teaches the compound for suppressing heat generation is in a nano size scale with an average particle diameter of 10 nm to 1000 nm [0035]. With regards to Claim 10 and 11, Eguchi et al. teaches the heat suppression layer further comprises a binder, such as polytetrafluoroethylene (PTFE) ([0009] and [0016]). With regards to Claim 13, Eguchi et al. teaches a rechargeable lithium battery comprising a positive electrode, a negative electrode comprising a negative active material, and an electrolyte [0094] . 07-22-aia AIA Claim s 4 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over JP 2014203625 (“Eguchi et al.”) as applied to Claim 1 above, and further in view of US Pub. No. 20130224587 (“Uemura”) . With regards to Claim 4, Eguchi et al. teaches a thickness ratio of the coat layer and the positive electrode active material layer as set forth above. Eguchi et al. dose not specifically teach the thickness ratio of the coat layer and the positive electrode active material layer is about 1:8 to about 1:15. However, Uemura teaches a positive electrode for a rechargeable lithium battery, the positive electrode comprising a coating layer comprising a conductive undercoating agent composition (corresponds to Applicant’s heat suppression layer) between a current collector and a positive active material layer comprising a positive active material. Uemura teaches a thickness of its coating layer is preferably in the range of from 0.05 to 5 μm, and a thickness of its positive active material layer is 22 μm ([0054] and [0107]). Therefore, the thickness ratio of the coating layer and the positive active material layer is in the range of 0.002 to 0.227. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have the claimed thickness ratio between the coating layer (heat suppression layer) and positive active material layer as claimed in order to achieve a coating layer with desirable electrical and adhesion properties with a suitable sized positive active material layer for the battery’s performance, capacity, etc. ([0054] and [0060]). With regards to Claim 12, Eguchi et al. teaches its coat layer comprises a compound for suppressing heat generation and a binder as set forth above. Eguchi et al. does not teach a mixing ratio of the compound for suppressing heat generation and the binder is in a weight of about 200:1 to about 20:1. However, Uemura teaches a coating layer comprising TiO 2 compound (corresponds to the claimed compound for suppressing heat generation) and a binder, wherein 1 to 10,000 parts by weight of the compound is per 100 parts by weight of the binder [0029]. Therefore, Uemura’s mixing ratio overlaps with Applicant’s claimed range. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to have the claimed mixing ratio in Eguchi et al. in order to form an electrochemically stable coating layer ([0014], [0015], and [0030]) . 07-21-aia AIA Claim s 1-6 and 8-13 are rejected under 35 U.S.C. 103 as being unpatentable over US Pub. No. 20130224587 (“Uemura”) . With regards to Claims 1-6, Uemura teaches a positive electrode for a rechargeable lithium battery, the positive electrode comprising a current collector, a positive active material layer comprising a positive active material, and a coating layer comprising a conductive undercoating agent composition for coating a current collector (corresponds to Applicant’s heat suppression layer) and is between the current collector and the positive active material layer. Uemura teaches the conductive undercoating agent composition comprises TiO 2 compound (Fig. 1, [0001], [0002], [0016], [0017], [0023], [0027], [0057], [0107], and [0156]-[0158]). Considering that Uemura’s coating layer is between the current collector and positive active material layer and comprises the same claimed compound in Applicant’s heat suppression layer, the Examiner deems that the TiO 2 is a compound that suppresses heat generation. The properties set forth in the claim(s) are material properties. Uemura uses the same material as claimed and therefore, would be expected to exhibit the same properties as claimed. Uemura teaches a thickness of its coating layer is preferably in the range of from 0.05 to 5 μm, and a thickness of its positive active material layer is 22 μm ([0054] and [0107]). Therefore, the thickness ratio of the coating layer (heat suppression layer) and the positive active material layer is in the range of 0.002 to 0.227. It would have been obvious to one of ordinary skill in the art at the time of the invention to have selected the overlapping portion of the ranges disclosed by the reference because overlapping ranges have been held to be a prima facie case of obviousness, In re Malagari , 182 USPQ 549. With regards to Claims 8 and 9, Uemura teaches the compound for suppressing heat generation is in a nano size scale having an average particle diameter of 0.01 to 10 μm [0027]. With regards to Claim 10 and 11, Uemura teaches the coating layer further comprises a binder, such as polyvinyl alcohol ([0017] and [0020]). With regards to Claim 12, Uemura teaches the coating layer comprising TiO 2 compound (corresponds to the claimed compound for suppressing heat generation) and a binder, wherein 1 to 10,000 parts by weight of the compound is per 100 parts by weight of the binder [0029]. Therefore, Uemura’s mixing ratio overlaps with Applicant’s claimed range. With regards to Claim 13, Uemura teaches a rechargeable lithium battery comprising a positive electrode, a negative electrode comprising a negative active material, and an electrolyte ([0106]-[0111]) . 07-22-aia AIA Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over US Pub. No. 20130224587 (“Uemura”) as applied to Claim 7 above, and further in view of US Pub. No. 20200251715 (“Matsushita et al.”) . Uemura teaches an example of its positive active material layer having a thickness of 22 μm [0107]. Uemura does not teach its positive active material layer having a thickness of about 30 μm to about 200 μm. However, Matsushita et al. teaches that positive active material layer has a thickness between 0.1 μm or more and 1000 μm or less [0055]. It would have been obvious to one of ordinary skill in the art prior to the effective filing date of the claimed invention to optimize the thickness of Uemura’s positive active material layer as claimed in order to obtain a battery with desirable energy density, power capability, etc. Conclusion Any inquiry concerning this communication or earlier communications from the examiner should be directed to LISA CHAU whose telephone number is (571)270-5496. The examiner can normally be reached Monday-Friday 11 AM-730 PM. 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, Mark Ruthkosky can be reached at (571) 272-1291. 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. /LC/ Lisa Chau Art Unit 1785 /Holly Rickman/Primary Examiner, Art Unit 1785 Application/Control Number: 18/497,942 Page 2 Art Unit: 1785 Application/Control Number: 18/497,942 Page 3 Art Unit: 1785 Application/Control Number: 18/497,942 Page 4 Art Unit: 1785 Application/Control Number: 18/497,942 Page 5 Art Unit: 1785 Application/Control Number: 18/497,942 Page 6 Art Unit: 1785 Application/Control Number: 18/497,942 Page 7 Art Unit: 1785 Application/Control Number: 18/497,942 Page 8 Art Unit: 1785
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