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
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 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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or non-obviousness.
Claims 1 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Ikeda et al. (JP 2013125650 A, see machine translation for citation).
Regarding claim 1, Ikeda teaches a method for preparing a sealed lithium secondary battery including an electrode body, an electrolyte, and a sealable hard case having a predetermined shape [0008]. The electrode body of the present invention may be a wound electrode body comprising a positive and negative electrode interposed by a separator [0033 and 0034]. From Figure 2, according to one embodiment, the sealable hard case is rectangular and the electrode body held inside the case is a “flat wound electrode assembly” [0050]. On Figure 5 is shown an example of a battery pack (200) having a plurality of the sealed lithium secondary batteries (100) arranged together in a stack configuration [0049 and 0052], from which the limitation “a stacking step involving stacking the storage cells in a thickness direction of the storage cells” is met.
Ikeda does not teach the limitations “wherein when the storage cells prepared in the preparing step undergo three cycles of a process involving applying a load of up to 2.0 MPa to each of the storage cells at a speed of 0.1 mm/min in the thickness direction of each of the storage cells and then reducing the load to 0.01 MPa, a rate of change of a thickness X3 of each of the storage cells when a load of 2.0 MPa is applied thereto in a third cycle with respect to a thickness X1 of each of the storage cells when a load of 2.0 MPa is applied thereto in a first cycle ((X1 - X3)/X1) × 100 is between 0.051% and 0.055%”.
Ikeda is analogous art to the current invention because it is concerned with the same field of endeavor, namely a method for manufacturing a stack including rectangular storage cells, the method comprising: a preparing step involving preparing the storage cells each including a flat wound electrode assembly provided by placing a positive electrode and a negative electrode in layers, with a separator interposed therebetween, and winding the positive electrode, the negative electrode, and the separator, a nonaqueous electrolyte, and a case containing the wound electrode assembly and the nonaqueous electrolyte; and a stacking step involving stacking the storage cells in a thickness direction of the storage cells.
The Office realizes that all of the claimed effects or physical properties are not positively stated by Ikeda. However, Ikeda teaches all of the claimed ingredients, claimed amounts, and substantially similar process of making the claimed stack, including rectangular storage cells, and the preparing step for those rectangular storage cells. Because the limitation regarding the three cycle process involving applying and reducing a load is phrased as wherein “when the storage cells prepared in the preparing step undergo” the referred process, there is a possibility of having prepared rectangular storage cells which do not undergo said process.
According to the original specification, when each storage cell 100 prepared in the preparing step S10 undergoes three cycles of a process involving applying a load of up to 2.0 MPa to each storage cell 100 at a speed of 0.1 mm/min in the thickness direction of each storage cell 100 and then reducing the load to 0.01 MPa, a rate of change of a thickness X3 of each storage cell 100 when a load of 2.0 MPa is applied thereto in a third cycle with respect to a thickness X1 of each storage cell 100 when a load of 2.0 MPa is applied thereto in a first cycle ((X1 - X3)/X1 × 100) is between 0.051% and 0.055% [0042]. Therefore, the claimed effects and physical properties, i.e. the claimed thickness rate of change, would expectedly be achieved by “rectangular storage cells” made by the claimed “preparing step” if they undergo the referred three cycle process. See MPEP § 2112.01. If it is the applicant' s position that this would not be the case: (1) evidence would need to be provided to support the applicant' s position; and (2) it would be the Office' s position that the application contains inadequate disclosure that there is no teaching as to how to obtain the claimed properties with only the claimed ingredients, claimed amounts, and substantially similar process of making.
Regarding claim 4, Ikeda teaches all the elements of the current invention in claim 1. Ikeda further teaches that is preparation method comprises an initial charging step (S30) after the electrode body is placed on the battery case and the case is sealed [0020 and Fig. 1A]. In the initial charging step (S30) the battery is adjusted to a voltage equal to or higher than a voltage at which the electrode body generates gas in a state in which a pressure is applied to the electrode body in the case in a predetermined direction. It is taught that the pressure load on the hard case can be performed using one or two or more of conventionally known methods and the applied pressure is preferably 0.5-3 N/mm2 (0.5-3 MPa) [0044 and 0045]. From Figure 7, the limitation wherein the load is applied “in the thickness direction of each of the storage cells” is met.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the initial charging step (S30) (activating step) applied pressure range disclosed by Ikeda because overlapping ranges have been held to be a prima facie case of obvious. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.
Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Ikeda et al. (JP 2013125650 A, see machine translation for citation) as applied to claim 1 above, further in view of Kawase et al. (JP 2020177739 A, see machine translation for citation).
Regarding claim 2, Ikeda teaches all the elements of the current invention in claim 1. Ikeda further teaches that its negative electrode is obtained by applying a negative electrode mixture slurry, which is made by mixing a negative electrode active material and a binder in an appropriate solvent, on a negative electrode current collector (substrate) [0029].
Ikeda does not teach the feature “a length Ln of the negative electrode active material layer in a width direction perpendicular to a longitudinal direction of the wound electrode assembly is 20 cm or more”.
Kawase teaches a secondary battery (1) having an electrode body (2) housed in a container (3), which is filled with a non-aqueous electrolyte [0018 and Fig. 1]. The electrode body (2) is a wound-type electrode body formed by winding a strip-shaped positive electrode and a strip-shaped negative electrode with a strip-shaped separator in between [0018]. From Figure 1 can be observed that the secondary battery (1) container (3) is rectangular and that the electrode body (2) is a flat wound assembly. It is further taught that the width of the strip-shaped negative electrode active material layer (Ln analogous) is 5-20 cm, because it allows to obtain a secondary battery (1) with a sufficiently large-rated capacity [0020]. According to Figure 2, a stack of several non-aqueous electrolyte batteries can be prepared as a power storage unit (20) [0087].
Kawase is analogous art to the current invention because it is concerned with the same field of endeavor, namely a method for manufacturing a stack including rectangular storage cells, the method comprising: a preparing step involving preparing the storage cells each including a flat wound electrode assembly provided by placing a positive electrode and a negative electrode in layers, with a separator interposed therebetween, and winding the positive electrode, the negative electrode, and the separator, a nonaqueous electrolyte, and a case containing the wound electrode assembly and the nonaqueous electrolyte; and a stacking step involving stacking the storage cells in a thickness direction of the storage cells).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the strip-shaped negative electrode active material layer width (Ln analogous) range disclosed by the reference because overlapping ranges have been held to be a prima facie case of obvious. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.
Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Ikeda et al. (JP 2013125650 A, see machine translation for citation) in view of Kawase et al. (JP 2020177739 A, see machine translation for citation) as applied to claim 2 above, further in view of Minami et al. (US 20160226106 A1).
Regarding claim 3, Ikeda and Kawase teach all the elements of the current invention in claim 2, except “wherein when a length of the wound electrode assembly in a direction perpendicular to a winding axis of the wound electrode assembly and perpendicular to a thickness direction of the wound electrode assembly is a height T of the wound electrode assembly, a ratio of the length Ln of the negative electrode active material layer in the width direction to the height T of the wound electrode assembly (Ln/T) is between 2.8 and 3.2”.
Minami teaches a nonaqueous electrolyte secondary battery, having a rectangular shape, including a flat wound electrode assembly (4) in which a positive electrode plate (1) and a negative electrode plate (2) are wound with a separator (3) provided therebetween [0026 and Fig. 1-2A]. It is taught that the wound electrode assembly (4) has a width-to-height (W/H) ratio of 2 or more [0014 and Fig. 2A]. From Figures 4A-B is shown that the negative electrode plate (2) has uncoated end portions (2 b) [0028], therefore the width of the negative electrode mixture layer (2 c) (Ln analogous) will be smaller than the electrode width (W). Because of the above reason it is possible to say that the negative electrode mixture layer (2 c) width (Ln analogous) to electrode assembly height (T analogous) ratio will be X or more, wherein X is a number <2, which overlaps the claimed range.
Minami is analogous art to the current invention because it is concerned with the same field of endeavor, namely a rectangular storage cell including a flat wound electrode assembly provided by placing a positive electrode and a negative electrode in layers, with a separator interposed therebetween, and winding the positive electrode, the negative electrode, and the separator, a nonaqueous electrolyte, and a case containing the wound electrode assembly and the nonaqueous electrolyte.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the negative electrode mixture layer (2 c) width (Ln analogous) to electrode assembly height (T analogous) ratio ranges inferable from Minami teachings, because overlapping ranges have been held to be a prima facie case of obvious. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Ikeda et al. (JP 2013125650 A, see machine translation for citation) as applied to claim 1 above, further in view of Miyazaki et al. (EP 3965222 A1).
Regarding claim 5, Ikeda teaches all the elements of the current invention in claim 1, except “wherein the positive electrode is in 30 layers or more”.
Miyazaki teaches a nonaqueous electrolyte battery (100) comprising an electrode assembly (50) and an electrolyte housed in an exterior package (90) which has a prismatic shape [0031, 0032 and Fig. 1]. The an electrode assembly (50) is a flat shape wound assembly having a first separator (31), a positive electrode plate (10), a second separator (32), and a negative electrode plate (20) layered in this order [0035 and Fig. 2]. In the above described electrode assembly (50) the number of layers of the positive electrode plate (10) is between 54-110 [0043]. A battery pack (300) is made by stacking and restraining several nonaqueous electrolyte batteries, as described above, in a predetermined direction (thickness direction) [0068 and Fig. 10].
Miyazaki is analogous art to the current invention because it is concerned with the same field of endeavor, namely a method for manufacturing a stack including rectangular storage cells, the method comprising: a preparing step involving preparing the storage cells each including a flat wound electrode assembly provided by placing a positive electrode and a negative electrode in layers, with a separator interposed therebetween, and winding the positive electrode, the negative electrode, and the separator, a nonaqueous electrolyte, and a case containing the wound electrode assembly and the nonaqueous electrolyte; and a stacking step involving stacking the storage cells in a thickness direction of the storage cells.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have selected the overlapping portion of the positive electrode plate (10) number of layers in the flat shaped wound assembly range disclosed by Miyazaki because overlapping ranges have been held to be a prima facie case of obvious. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990). See MPEP § 2144.05.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GILBERTO RAMOS RIVERA whose telephone number is (571) 272-2740. The examiner can normally be reached Mon-Fri 7:30-5:00 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, Nicole Buie-Hatcher can be reached at (571) 270-3879. 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.
/G.R./Examiner, Art Unit 1725
/NICOLE M. BUIE-HATCHER/Supervisory Patent Examiner, Art Unit 1725
Prosecution Insights