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 .
The Applicant’s amendment filed on 8/25/2026 was received. Claim 5 was amended. Claim 7 was newly added.
The text of those sections of Title 35, U.S.C. code not included in this action can be found in the prior Office action issued on 6/5/2026.
Claim Objections
The claim objections on claim 5 is withdrawn because Applicant amended claim 5.
Claim Rejections - 35 USC § 103
The claim rejections under 35 U.S.C. 103 as being unpatentable over Ueki et al. (US 20140193691 A1) in view of Chen et al. (US 20210005860 A1) on claims 1, 3-6 are withdrawn because Applicant’s arguments are persuasive. The claim rejection under 35 U.S.C. 103 as being unpatentable over Ueki et al. (US 20140193691 A1) in view of Chen et al. (US 20210005860 A1) and Hiratsuka (US 20160254536 A1) on claim 2 is withdrawn because Applicant’s arguments are persuasive.
Claims 1-4 are rejected under 35 U.S.C. 103 as being unpatentable over Hiratsuka (US 20160254536 A1) in view of Chen et al. (US 20210005860 A1).
Regarding claim 1: Hiratsuka discloses a nonaqueous electrolyte secondary battery (10) (equivalent to an energy storage device) (abstract) comprising:
a positive electrode (11) (par. 19, fig. 1);
a negative electrode (12) (par. 19, fig. 1); and
a separator (13) (par. 19, fig. 1) disposed between the positive electrode (11) and the negative electrode (12),
wherein the positive electrode (11) includes a positive electrode active material layer (equivalent to a positive active material layer) (par. 23) containing a positive electrode active material (equivalent to a positive active material) (par. 23) having primary particles which have an average particle diameter of 1 μm or more (par. 31).
Hiratsuka fails to explicitly disclose a creep strain in the separator after a load of 2 MPa is held for 24 hours at a temperature of 65 °C is 11 % or more and 28% or less. However, Chen et al. disclose a polyolefin microporous membrane (abstract). The polyolefin microporous membrane is used as a separator in a battery (par. 35). Chen et al. disclose a membrane thickness change rate (equivalent to a creep strain) of 0 % or more and 15 % or less after the polyolefin microporous membrane is compressed under heat at a temperature of 80 °C at a pressure of 1 MPa for 60 minutes (par. 26). Chen et al. recognize as the self-discharge characteristics of a secondary battery are variables that can be modified, among others, by adjusting the membrane thickness change rate, with the self-discharge characteristics improving as the membrane thickness change rate is decreased (par. 26), the precise membrane thickness change rate would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the invention. As such, without showing unexpected results, the claimed membrane thickness change rate cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the invention would have optimized, by routine experimentation, the membrane thickness change rate of the separator of Hiratsuka to obtain the desired self-discharge characteristics as taught by Chen et al. Discovery of optimum value of result effective variable in known process is ordinarily within skill of art. In re Boesch, CCPA 1980, 617 F.2d 272, 205 USPQ215.
Regarding claim 2: Hiratsuka discloses the positive electrode active materials have a particle diameter (Dv) (equivalent to an average secondary particle size) of 9.7 µm and a primary particle diameter of 2.5 µm in Example 3 (par. 86, Table) (equivalent to a ratio of an average secondary particle size to the average primary particle size of 3.88).
Regarding claim 3: Hiratsuka discloses the separator (13) includes a filler layer (equivalent to an inorganic particle layer) containing an inorganic filler (par. 69), and the positive electrode active material layer and the filler layer can be arranged so as to face each other (par. 69).
Regarding claim 4: Hiratsuka discloses the positive electrode active materials have a primary particle diameter of 2.5 µm in Example 3 (par. 86, Table).
Claims 5, 6 are rejected under 35 U.S.C. 103 as being unpatentable over Hiratsuka (US 20160254536 A1) in view of Chen et al. (US 20210005860 A1) as applied in claim 1 above, and further in view of Ueki et al. (US 20140193691 A1).
Regarding claim 5: Hiratsuka in view of Chen et al. discloses a nonaqueous electrolyte secondary battery (10) as described in paragraph 4 above. Hiratsuka also discloses a wound electrode assembly (14) which includes the positive electrode (11), the negative electrode (12) and the separator (13) (par. 19). Hiratsuka and Chen et al. fail to explicitly disclose the electrode assembly is in a state where a load of 0.1 MPa or more is applied in a stacking direction. However, Ueki et al. disclose a nonaqueous electrolyte secondary battery (100) (equivalent to an energy storage device) (abstract). The nonaqueous electrolyte secondary battery (100) comprises an electrode assembly (80). A pressure (90) of at least 0.1 MPa is applied to the electrode assembly (80) along the stacking direction (92) of this electrode assembly (80) (par. 36, fig. 1). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to add the pressure (90) of Ueki et al. on the wound electrode assembly (14) of Hiratsuka because Ueki et al. teach that the battery resistance may decrease because of the pressure (par. 36).
Regarding claim 6: Hiratsuka in view of Chen et al. discloses a nonaqueous electrolyte secondary battery (10) as described in paragraph 4 above. Hiratsuka and Chen et al. fail to explicitly disclose a pressurizing member. However, Ueki et al. disclose a nonaqueous electrolyte secondary battery (100) (equivalent to an energy storage device) (abstract). The nonaqueous electrolyte secondary battery (100) comprises an electrode assembly (80). A pressure (90) of at least 0.1 MPa is applied to the electrode assembly (80) along the stacking direction (92) of this electrode assembly (80) (par. 36, fig. 1). Aluminum plates (equivalent to a pressurizing member) can be used to apply the pressure (par. 99). It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to add the aluminum plates of Ueki et al. on the wound electrode assembly (14) of Hiratsuka because Ueki et al. teach that the battery resistance may decrease because of the pressure (par. 36).
Claims 1, 7 are rejected under 35 U.S.C. 103 as being unpatentable over Kaneda et al. (US 20220285676 A1) in view of Chen et al. (US 20210005860 A1).
Regarding claim 1: Kaneda et al. disclose a lithium ion secondary battery (equivalent to an energy storage device) (abstract) comprising:
a positive electrode (par. 100);
a negative electrode (par. 108); and
a separator (par. 111) disposed between the positive electrode and the negative electrode (par. 112),
wherein the positive electrode containing a positive electrode active material (equivalent to a positive active material) (par. 101) having primary particles. An average particle diameter of the primary particles is 1.7 μm in Example 11 (par. 240).
Kaneda et al fail to explicitly disclose a creep strain in the separator after a load of 2 MPa is held for 24 hours at a temperature of 65 °C is 11 % or more and 28% or less. However, Chen et al. disclose a polyolefin microporous membrane (abstract). The polyolefin microporous membrane is used as a separator in a battery (par. 35). Chen et al. disclose a membrane thickness change rate (equivalent to a creep strain) of 0 % or more and 15 % or less after the polyolefin microporous membrane is compressed under heat at a temperature of 80 °C at a pressure of 1 MPa for 60 minutes (par. 26). Chen et al. recognize as the self-discharge characteristics of a secondary battery are variables that can be modified, among others, by adjusting the membrane thickness change rate, with the self-discharge characteristics improving as the membrane thickness change rate is decreased (par. 26), the precise membrane thickness change rate would have been considered a result effective variable by one having ordinary skill in the art before the effective filing date of the invention. As such, without showing unexpected results, the claimed membrane thickness change rate cannot be considered critical. Accordingly, one of ordinary skill in the art before the effective filing date of the invention would have optimized, by routine experimentation, the membrane thickness change rate of the separator of Kaneda et al. to obtain the desired self-discharge characteristics as taught by Chen et al. Discovery of optimum value of result effective variable in known process is ordinarily within skill of art. In re Boesch, CCPA 1980, 617 F.2d 272, 205 USPQ215.
Regarding claim 7: Kaneda et al. disclose the lithium-nickel composite oxide particles (equivalent to the positive active material) included a large number of single primary particles and a small number of secondary particles at a number proportion of the single primary particles of 73.0% (equivalent to a primary particle that is not substantially aggregated) in Example 11 (par. 240).
Response to Amendment
Applicant’s arguments filed on 08/25/2026 have been fully considered but they are not persuasive. Applicant primarily argues:
Ueki fails to teach or suggest that the positive electrode includes a positive active material layer containing a positive active material having an average primary particle size of 1.0 µm or more.
Unexpected results are shown in Table 1 in the instant application.
In response:
Applicant’s arguments are not moot. The newly cited Hiratsuka and Kaneda references teach a positive active material having an average primary particle size of 1.0 µm or more as described above.
Applicant’s arguments are not persuasive. The data shown in Table 1 is not commensurate in scope because the claimed range of an average primary particle size of 1.0 µm or more is an open ending range. The data shown in Table 1 comprises only two primary particle sizes. It is unclear whether a much larger particle size would still yield a better capacity retention ratio compared to a particle size of less than 1.0 µm. In addition, the difference in the capacity retention ratio is less than 1% when comparing Comparative Examples 2, 3 with Examples 1, 4. The delta is too small to claim statistical significance. The evidence relied upon should establish "that the differences in results are in fact unexpected and unobvious and of both statistical and practical significance." Ex parte Gelles, 22 USPQ2d 1318, 1319 (Bd. Pat. App. & Inter. 1992). See MPEP 716.02 (b) I.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to PIN JAN WANG whose telephone number is (571)272-7057. The examiner can normally be reached M-F 9am-5pm.
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, Dah-Wei Yuan can be reached on 571-272-1295. 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.
/PIN JAN WANG/Examiner, Art Unit 1717
/Dah-Wei D. Yuan/Supervisory Patent Examiner, Art Unit 1717
