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 .
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) 1-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chen et al. 2024/0145697 in view of MUNENAGA et al. CN-1427498-A.
With respect to claim 1, Chen teaches a secondary battery (embodiments of the present disclosure are directed to a positive electrode for a lithium-ion secondary battery; [0008]), comprising: an electrode assembly in which a negative electrode (negative electrode (or anode); [0163]); a separator (separator can be disposed between the anode and the cathode; [0160]), wherein the positive electrode includes: a conductive base material layer having a first surface and a second surface (current collector; [0157]), the second surface being an opposite surface of the first surface (current collector; [0157]; Examiners Note: All layers have opposing surfaces), a first functional layer on the first surface of the conductive base material layer (first positive electrode material layer was prepared by blending 12.5% CNT-coated LFMP (with CNT constituting about 2 wt % of the total weight) and 37.5% NMC622 based on the total weight of the first and second positive electrode active materials; Example 1; [0182]; LFMP=lithium iron manganese phosphate; [0077]), a first electrically active material layer on the first functional layer (The second positive electrode material layer was prepared by blending 37.5% CNT-coated LFMP (about 2 wt % CNT) and 12.5% NMC622 based on the total weight of the first and the second positive electrode active materials; Example 1; [0184]). Benefit: For example, certain compositions of active materials in positive electrode material layers of a multi-layer cathode coating may improve adhesion and processability of such layers to a current collector and/or require less pressure during calendering to obtain the same porosity. Cells assembled with a cathode having a multilayer coating where material layers contain different blends of positive electrode active materials may have, for example, improved discharge capability, performance at high discharge rate, charge capability, and/or capacity retention during cycle life testing. See paragraph [0006].
Chen does not teach: electrodes in the shape of plates and are laminated and wound; and an exterior material accommodating the electrode assembly (claim 1); a first insulating layer on the first surface of the conductive base material layer (claim 1); the first insulating layer being spaced apart from the first functional layer and the first electrically active material layer, and a first lamination tape covering a part of the first functional layer, the first electrically active material layer, the first insulating layer, and the first surface of the conductive base material layer (claim 1); an end of the first functional layer extends beyond an end of the first electrically active material layer (claim 2); an end of the first functional layer is aligned with an end of the first electrically active material layer (claim 3); the first lamination tape is in contact with the first functional layer (claim 4); a width of the first lamination tape is larger than a width of the positive electrode plate (claim 5); the positive electrode plate further includes a second insulating layer on the second surface of the conductive base material layer (claim 6); the positive electrode plate further includes a second lamination tape attached to a region of the second insulating layer underlying the first lamination tape (claim 7); an area of the second lamination tape is the same as an area of the first lamination tape (claim 8); a region of the first functional layer exposed by the first electrically active material layer is sealed by the first lamination tape and the second lamination tape (claim 9); the positive electrode plate further includes: a second functional layer on the second surface of the conductive base material layer in a region spaced apart from the second insulating layer; a second electrically active material layer on the second functional layer; and a third lamination tape covering a part of the second functional layer, the second electrically active material layer, the second insulating layer, and the second surface of the conductive base material layer (claim 10); an end of the second functional layer extends beyond an end of the second electrically active material layer (claim 11); an end of the second functional layer is aligned with an end of the second electrically active material layer (claim 12); the first lamination tape, the second lamination tape, and the third lamination tape each independently include polyethylene terephthalate or polyimide (claim 13); the first functional layer and the second functional layer each independently include a lithium iron phosphate, the first electrically active material layer and the second electrically active material layer each independently include a nickel cobalt oxide, a nickel cobalt manganese, or a nickel cobalt aluminum, and the first insulating layer and the second insulating layer each independently include a ceramic (claim 14); the electrode assembly further includes: a positive electrode tab connected to the positive electrode plate and extending outside of the exterior material, and a negative electrode tab connected to the negative electrode plate and extending outside of the exterior material (claim 15).
MUNENAGA teaches that it is well known in the art to employ: electrodes in the shape of plates (positive electrode plate and negative electrode plate; See the Abstract) and are laminated and wound (the long cylindrical winding type power generating element of the positive electrode plate and the current collector end edge portion of the negative electrode plate is connected with a respective current collecting connector; See the Abstract; Laminated: when winding, necessarily must directly as long cylindrical, can be wound into a cylinder, by pressing from both sides to peripheral side, it can be realized to form long cylindrical electricity-generating element 3; Paragraph 18 after Table 2; See also lamination process in Fig. 11 ); and an exterior material accommodating the electrode assembly (exterior material 1; Fig. 9; claim 1); a first lamination tape covering a part of the first functional layer, the first electrically active material layer, the first insulating layer, and the first surface of the conductive base material layer (the winding end portion of the power generating element 3, attached with tape made of polypropylene resin for holding electricity generating element 3 so as not to lose the winding shape; TECHNICAL-FIELD, paragraph 6; claim 1; Examiner note: the tape is covering all layers of the wound assembly; Tape 8; Fig. 3); an end of the first functional layer is aligned with an end of the first electrically active material layer (electrode layers are laminated and wound with aligned ends; Fig. 11; claim 3); the electrode assembly further includes: a positive electrode tab connected to the positive electrode plate and extending outside of the exterior material (tab 4 with post 6; Fig. 3 & Fig. 5), and a negative electrode tab connected to the negative electrode plate and extending outside of the exterior material (tab 4 with post 6; Fig. 3 & Fig. 5; claim 15).
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Chen and MUNENAGA are analogous art from the same field of endeavor, namely fabricating electrodes for lithium 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 electrodes in the shape of plates that are laminated and wound and placed into an exterior material accommodating the electrode assembly; and a first lamination tape covering a part of the first functional layer, the first electrically active material layer, and the first surface of the conductive base material layer as taught by MUNENAGA, as the structural configuration of the secondary battery of Chen, in order to increase the amount of electrode material in the cell, lower manufacturing costs and simplify high volume production. The skilled artisan recognizes that wound configurations are secure and compact more material per area in casings increasing capacity. MUNENAGA teaches the use of tape made of polypropylene resin for holding electricity generating element 3 so as not to lose the winding shape. See TECHNICAL-FIELD, paragraph 6. With respect to a first insulating layer on the first surface of the conductive base material layer (claim 1); it would have been obvious in the secondary battery of Chen in view of MUNENAGA, as Chen suggests an unlimited number of cathode layers because cells assembled with a cathode having a multilayer coating where material layers contain different blends of positive electrode active materials may have, for example, improved discharge capability, performance at high discharge rate, charge capability, and/or capacity retention during cycle life testing. See Chen paragraph [0006]. Therefore, the skilled artisan would be motivated to employ additional layers, and the materials include LMP=lithium manganese phosphate (Chen paragraph [0075]) which is a ceramic cathode material that is relative insulating electronically, and the material is exemplified in every layer. See Example 1 of Chen. Additionally, the layers in Example 1 being duplicated are mixture with NMCs which are semiconductors, further speaking to have some degree of insulative properties. Duplication of essential working parts of a device is prima facie obvious. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Lastly, 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 positive electrode of Chen in view of MUNENAGA teaches all the structural limitations of the claim, one of ordinary skills in the art can use the additional functional and electrochemical active material layers of to operate as the insulating layer in the manner disclosed by the Applicant.
With respect to the first insulating layer being spaced apart from the first functional layer and the first electrically active material layer, and (claim 1); it would have been obvious in the secondary battery of Chen in view of MUNENAGA, as Chen suggests an unlimited number of cathode layers because cells assembled with a cathode having a multilayer coating where material layers contain different blends of positive electrode active materials may have, for example, improved discharge capability, performance at high discharge rate, charge capability, and/or capacity retention during cycle life testing. See Chen paragraph [0006]. Therefore, the skilled artisan would be motivated to employ additional layers. Duplication of essential working parts of a device is prima facie obvious. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Lastly, 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).
With respect to an end of the first functional layer extends beyond an end of the first electrically active material layer (claim 2); it would have been obvious in the secondary battery of Chen in view of MUNENAGA, as 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).
With respect to the first lamination tape is in contact with the first functional layer (claim 4); it would have been obvious in the secondary battery of Chen in view of MUNENAGA, as MUNENAGA teaches tape may be used for holding electricity generating element 3 so as not to lose the winding shape. See MUNENAGA TECHNICAL-FIELD, paragraph 6. The skilled artisan recognizes that tape can be used in multiple locations to improve structural integrity of apparatuses. Lastly, 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).
With respect to a width of the first lamination tape being larger than a width of the positive electrode plate (claim 5); it would have been obvious in the secondary battery of Chen in view of MUNENAGA, as MUNENAGA teaches tape may be used for holding electricity generating element 3 so as not to lose the winding shape. See MUNENAGA TECHNICAL-FIELD, paragraph 6. The skilled artisan recognizes that tape can be used in multiple locations to improve structural integrity of apparatuses. Lastly, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
With respect to the positive electrode plate further including a second insulating layer on the second surface of the conductive base material layer (claim 6); it would have been obvious in the secondary battery of Chen in view of MUNENAGA, as Chen suggests an unlimited number of cathode layers because cells assembled with a cathode having a multilayer coating where material layers contain different blends of positive electrode active materials may have, for example, improved discharge capability, performance at high discharge rate, charge capability, and/or capacity retention during cycle life testing. See Chen paragraph [0006]. Therefore, the skilled artisan would be motivated to employ additional layers. Duplication of essential working parts of a device is prima facie obvious. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Lastly, 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).
With respect to the positive electrode plate further including a second lamination tape attached to a region of the second insulating layer underlying the first lamination tape (claim 7); it would have been obvious in the secondary battery of Chen in view of MUNENAGA, as Chen suggests an unlimited number of cathode layers because cells assembled with a cathode having a multilayer coating where material layers contain different blends of positive electrode active materials may have, for example, improved discharge capability, performance at high discharge rate, charge capability, and/or capacity retention during cycle life testing. See Chen paragraph [0006]. Therefore, the skilled artisan would be motivated to employ additional layers. Duplication of essential working parts of a device is prima facie obvious. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Lastly, 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).
With respect to an area of the second lamination tape being the same as an area of the first lamination tape (claim 8); it would have been obvious in the secondary battery of Chen in view of MUNENAGA, as MUNENAGA teaches tape may be used for holding electricity generating element 3 so as not to lose the winding shape. See MUNENAGA TECHNICAL-FIELD, paragraph 6. The skilled artisan recognizes that tape can be used in multiple locations and in multiple sizes to improve structural integrity of apparatuses. Furthermore, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Duplication of essential working parts of a device is prima facie obvious. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Lastly, 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).
With respect to a region of the first functional layer exposed by the first electrically active material layer being sealed by the first lamination tape and the second lamination tape (claim 9); it would have been obvious in the secondary battery of Chen in view of MUNENAGA, as MUNENAGA teaches tape may be used for holding electricity generating element 3 so as not to lose the winding shape. See MUNENAGA TECHNICAL-FIELD, paragraph 6. The skilled artisan recognizes that tape can be used in multiple locations and in multiple sizes to improve structural integrity of apparatuses. Furthermore, a change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955). Duplication of essential working parts of a device is prima facie obvious. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Lastly, 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).
With respect to the positive electrode plate further includes: a second functional layer on the second surface of the conductive base material layer in a region spaced apart from the second insulating layer; a second electrically active material layer on the second functional layer; and a third lamination tape covering a part of the second functional layer, the second electrically active material layer, the second insulating layer, and the second surface of the conductive base material layer (claim 10); it would have been obvious in the secondary battery of Chen in view of MUNENAGA, as Chen suggests an unlimited number of cathode layers because cells assembled with a cathode having a multilayer coating where material layers contain different blends of positive electrode active materials may have, for example, improved discharge capability, performance at high discharge rate, charge capability, and/or capacity retention during cycle life testing. See Chen paragraph [0006]. Therefore, the skilled artisan would be motivated to employ additional layers. Duplication of essential working parts of a device is prima facie obvious. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Lastly, 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).
With respect to an end of the second functional layer extending beyond an end of the second electrically active material layer (claim 11); it would have been obvious in the secondary battery of Chen in view of MUNENAGA, as 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).
With respect to an end of the second functional layer is aligned with an end of the second electrically active material layer (claim 12); it would have been obvious in the secondary battery of Chen in view of MUNENAGA, as 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).
With respect to the first lamination tape, the second lamination tape, and the third lamination tape each independently including polyethylene terephthalate or polyimide (claim 13); it would have been obvious in the secondary battery of Chen in view of MUNENAGA, as MUNENAGA teaches tape may be used for holding electricity generating element 3 so as not to lose the winding shape. See MUNENAGA TECHNICAL-FIELD, paragraph 6. A sheet of polyimide single-side coated with adhesive tape reasonably forms lamination tape. See MUNENAGA DISCLOSURE.
Furthermore, the selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. Application/Control Number: 18/347,091 Page 10 Art Unit: 1723 327, 65 USPQ 297 (1945). See also In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960).
With respect to the first functional layer and the second functional layer each independently including a lithium iron phosphate, the first electrically active material layer and the second electrically active material layer each independently including a nickel cobalt oxide, a nickel cobalt manganese, or a nickel cobalt aluminum, and the first insulating layer and the second insulating layer each independently include a ceramic (claim 14); it would have been obvious in the secondary battery of Chen in view of MUNENAGA, as Chen teaches first and second layers both including LFMP (with CNT constituting about 2 wt % of the total weight) and 37.5% NMC622. See Chen Example 1. The selection of a known material based on its suitability for its intended use supported a prima facie obviousness determination in Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. Application/Control Number: 18/347,091 Page 10 Art Unit: 1723 327, 65 USPQ 297 (1945). See also In re Leshin, 277 F.2d 197, 125 USPQ 416 (CCPA 1960). Duplication of essential working parts of a device is prima facie obvious. See In re Harza, 274 F.2d 669, 124 USPQ 378 (CCPA 1960). Lastly, 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).
Conclusion
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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