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 .
Drawings
The drawings are objected to as failing to comply with 37 CFR 1.84(p)(4) because reference characters 10 and 17 have both been used to designate same part. 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. 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 as failing to comply with 37 CFR 1.84(p)(5) because they include the following reference character(s) not mentioned in the description: 113 t (FIG 7) and 113 e (FIG 11). Corrected drawing sheets in compliance with 37 CFR 1.121(d), or amendment to the specification to add the reference character(s) in the description in compliance with 37 CFR 1.121(b) 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. 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.
Figure 8, 9 and 11 should be designated by a legend such as --Prior Art- because only that which is old is illustrated as indicated by P0023, 0024 and 0026 in the SPEC where the brief descriptions of the drawings state these are “known art”. See MPEP § 608.02(g). Corrected drawings in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. The replacement sheet(s) should be labeled “Replacement Sheet” in the page header (as per 37 CFR 1.84(c)) so as not to obstruct any portion of the drawing figures. 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 § 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.
Claim(s) 1 to 5 is/are rejected under 35 U.S.C. 102 (a)(1) as being unpatentable by HAYASHI (US 20200388856).
Regarding claim 1 and 4, Hayashi teaches:
Non aqueous electrolyte secondary battery (100) [0005] comprising:
An electrode body (20). Fig. 2 shows sheet stack of a positive electrode plate (50), negative electrode plate (60) and a separator (70) interposed therebetween [0024], wherein:
A negative electrode plate (60) includes a long strip-shaped negative electrode current collector (62) and a negative electrode active substance layer (64) [0041].
Hayashi further teaches that the negative electrode active substance layer (64) is provided on both surfaces of the negative collector [0041]. The negative electrode current collector (62) can be called like a negative electrode substrate and the negative electrode active substance layer (64) can be called like a negative electrode mixture layer. A negative electrode current collector part (62a) is present to provide a connection portion. It would have been obvious to one of ordinary skill in the art at the time to identified the negative electrode current collector (62) as a negative electrode substrate and the negative electrode active substance layer (64) like a negative electrode mixture layer since is doing the same function.
A positive electrode plate (50) includes a long strip-shaped positive electrode current collector (52) and a positive electrode active substance layer (54) [0026].
Hayashi further teaches that the positive electrode active substance layer (54) is provided on both surfaces of the positive collector [0025]. An aluminum foil can be used as a positive current collector [0026]. A positive electrode current collector part (52a) is present to provide a connection portion. It would have been obvious to one of ordinary skill in the art at the time to identified the positive electrode current collector (52) as a positive electrode substrate and the positive electrode active substance layer (54) like a positive electrode mixture layer since is doing the same function.
An insulating layer (56) positioned at a boundary between the positive electrode active substance layer and the part where the positive electrode current collector is exposed [0025]. Fig 2 shows that the insulating layer is adjacent to the positive electrode mixture layer and facing the negative electrode mixture layer.
Fig 2 shows a negative electrode current collector (62) bonded to the negative electrode connection portion (62a) at where opposing parts of the negative electrode connection portion are joined to one another at the one end of the electrode body in the widthwise direction.
Fig 2 shows a positive electrode current collector (52) bonded to the positive electrode connection portion (52a) at where opposing parts of the positive electrode connection portion are joined to one another at the one end of the electrode body in the widthwise direction.
HAYASHI further teaches the analysis of the compressive strength of the particles in the positive electrode mixture layer. HAYASHI is silent regarding using a nail test to calculate a specific range of values using the claimed formula "M(N) = FL/S". However, these values are based on inherent properties of the material used. Since the prior art, Hayashi, uses the same materials in the same structure the battery disclosed by the reference inherently possesses the properties which anticipate the claimed invention and shifts the burden of proof to applicant as in In re Fitzgerald, 619 F.2d 67, 205 USPQ 594 (CCPA 1980). See MPEP § 2112- 2112.02.
Regarding claim 2,
The positive electrode connection portion where the opposing parts are joined to one another and bonded to the positive electrode current collector (Fig 2).
HAYASHI is silent regarding flexural strength (N) and the “MOUT (N) ≥ 0.0343” satisfied. Although it does show the compressive strength values for similar materials (such as boehmite and polyvinylidene fluoride or “PVdF”) with the same purpose of improve performance in the interface between a positive electrode and an insulating layer [0005-0006]. Flexural strength and stress strength are mechanical properties used to calculate behaviors that, the units for these properties are expressed as force divided by area (e.g., Pa (N/m²), MPa, or psi). The values obtained do not correspond to a conventional stress parameter; they are presented in units of force rather than stress, and no area value is provided. In "nail-type" tests, load (N) may be reported instead of a general stress value; however, it must be specified whether this represents the maximum force or a load-based strength index. Because the claimed property is a natural behavior of that material depending of the thickness and load applied, the property would inherently be present in the prior art product if the device carries out the process during normal operation.
Regarding claim 3, Hayashi teaches:
Flat square lithium-ion secondary battery [0022]. Fig 2 shows the battery with an electrode body as a rolled stack type.
Regarding claim 5,
An insulating layer (56), a positive electrode connection portion (52a) and the positive electrode current collector (52).
HAYASHI is silent about the Mout (N) as a flexural strength (N) of this part combination. Hayashi further teaches that in a secondary battery when is charged and discharged, undergoes expansion and contraction in the positive electrode active substance, obtaining stress at an interface between a positive electrode active substance layer and the insulating layer and this stress propagated to an interface between the insulating and the positive current collector [0005]. It would have been obvious to one having ordinary skill in the art at the time to designate this location as a bending point of interest and restrict the same so that it is only on the positive electrode plate as well as on the outer part of the insulating protective layer without touching the separator to obtain the flexural strength since the invention is trying to improve and reduce a load applied to a positive electrode substrate.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Any inquiry concerning this communication should be directed to NICOLAS J ROSA BERRIOS at telephone number (571)270-1856.
Examiner interviews are available via a variety of formats. See MPEP § 713.01. 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, Alison Hindenlang can be reached on (571) 270-7001. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Nicolas Rosa/
Art Unit 1741
7/6/2026
/ALISON L HINDENLANG/Supervisory Patent Examiner, Art Unit 1741
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