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.
The factual inquiries set forth in Graham v. John Deere Co., 383 U.S. 1, 148 USPQ 459 (1966), that are applied 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 nonobviousness.
Claim(s) 1-7,9,11,13,16-17 and 19-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN107845742A - of record – see 08/26/2024 IDS) and further in view of Watanabe (JP2003031187A – of record – see 08/26/2024 IDS) and Xiao (WO2021119911A1).
Regarding claim 1-2, Li teaches a power battery (battery) comprising a battery casing (packaging bag), a battery accommodated in the battery casing (a battery cell provided in the packaging bag), and a battery cover mounted on the battery casing, wherein the battery casing is provided with flame retardant coating, wherein a flame retardant coating (the adhesive comprises an adhesive layer) contains flame retardant (a heat-absorbing material) and binder (adhesive material) [P7]. Li further teaches that when the flame-retardant coating is applied to the outer surface of the battery case, the temperature of the battery surface rapidly rises when the battery is out of control, and the flame-retardant coating applied on the outer side of the battery case can rapidly absorb heat and generate a large amount of heat due to close contact ((wherein the adhesive is provided between the packaging bag and the battery cell, the adhesive is adhered to an outer surface of the battery cell; the heat-absorbing material is configured to absorb heat from the battery cell when a temperature of the battery cell is greater than or equal to a preset temperature T1) (P14).
Li is silent when the temperature of the battery cell is 130ºC.
In the same field of endeavor, adhesive containing phase changing materials, Wantanabe teaches a secondary battery and a battery pack, wherein the secondary battery has an endothermic reaction to suppress an abnormal reaction of the battery with the outer film or outer package material [0008]. Wantanabe further teaches that the exothermic reaction start temperature of a battery is about 100 to 140 °C [0009].
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious to modify the battery disclosed Li such that the heat-absorbing material is configured to absorb heat from the battery cell when the temperature of the battery cell is 130ºC with a reasonable expectation of success because the claimed temperature of 130 ºC falls within the known temperature range associated with thermal events in battery cells as disclosed in Watanabe ([0009]).
Li in view of Wantabe is silent about adhesion force between the adhesive and the outer surface of the battery cell is m, and m ≥ 3 N and the claimed range on claim 2 of 9 N ≥ m ≥ 5 N for the adhesion force between the adhesive and the outer surface of the battery cell.
In the same field of endeavor, battery cell, Xiao teaches a battery cell including an electrode assembly, a packaging bag and an adhesive layer, wherein the electrode assembly is bonded to the packaging bag through the adhesive layer [P6]. Xiao further teaches selecting and controlling the maximum bonding force, f, in Newtons (N) of the adhesive layer with different values [P60-77]. Examples 5 and 6 disclose maximum bonding forces of 5 N and 20 N [P68-71] (an adhesion force between the adhesive and the outer surface of the battery cell is m, and m ≥ 3 N).
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious modify and select and adhesive bonding force in view of Xiao to the battery structure of Li. Although the battery structures of Li and Xiao are not identical, both references concern the use of an adhesive in a battery structure to maintain components in a desired position, the difference in the particular surfaces being bonded does not change the basic function of the adhesive (i.e. securing one battery component to another while providing a selected adhesion force).
It is well settled that determination of optimum values of cause effective variables such as these process parameters is within the skill of one practicing in the art. In re Boesch, 205 USPQ 215 (CCPA 1980).
A particular parameter must first be recognized as a result-effective variable, i.e., a variable which achieves a recognized result, before the determination of the optimum or workable ranges of said variable might be characterized as routine experimentation. In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977).
Regarding claim 3 and 4, as applied to claim 1, Li teaches an flame retardant coating (the adhesive comprises an adhesive layer), wherein based on a mass of the flame-retardant coating (adhesive layer), a mass percentage of the flame-retardant (heat absorbing material A) accounts for 80% to 99.9% of the total weight of the flame-retardant coating [P8] (45% ≤ A ≤ 90% claimed range for claim 3 and 60% ≤ A ≤ 80% claimed range for claim 4).
Regarding claim 5, as applied to claim 1, Li teaches that the flame retardant material (heat-absorbing material) comprises a gas-generating flame retardant (thermal decomposition heat-absorbing material) [P12].
Regarding claim 6, as applied to claim 5, Li teaches that the flame retardant material (heat-absorbing material) comprises a gas-generating flame retardant (thermal decomposition heat-absorbing material) and the gas-generating flame retardant (thermal decomposition heat-absorbing material) comprise sodium sulfate decahydrate [P13].
Regarding claim 7, as applied to claim 5, Li is silent about the preset temperature T1 is a heat-absorbing start point temperature S1 of the heat-absorbing material, and 100ºC ≤ S1 ≤ 140 ºC; a heat-absorbing peak temperature S2 of the heat-absorbing material satisfies 120ºC ≤ S2 ≤ 150ºC; and a heat-absorbing end point temperature S3 of the heat-absorbing material satisfies 130ºC ≤ S3 ≤ 170ºC.
In the same field of endeavor, adhesive containing phase changing materials, Wantanabe teaches that it is preferable that these endothermic agents (heat absorbing material) are made of a compound having an endothermic reaction in a temperature range of 100 to 140 ° C. which is the same as the exothermic reaction start temperature of the battery [0009].
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious modify the flame-retardant material (heat absorbing material) of Li in view of the teaches of Wantanabe to obtain an effective operational temperature for the adhesive in the claimed range since according to Wantanabe the exothermic reaction start temperature of the battery is in the range of 100 to 140° C in order to suppress an abnormal reaction of a battery providing a safe secondary battery [0028].
Regarding claim 9, as applied to claim 1, Li teaches the flame-retardant material (adhesive material) comprises a binder, for example, styrene butadiene rubber (SBR) [P11] (comprises at least one of polypropylene, polyethylene, styrene-butadiene rubber, or synthetic rubber).
Regarding claim 10, as applied to the battery of claim 1, Li in view of Wantanabe is silent about an adhesion force between the adhesive and the outer surface of the battery cell is n, and 3 N ≤ n–m ≤ 10 N when the temperature of the battery cell is 25ºC.
In the same field of endeavor, battery cell, Xiao teaches a battery cell including an electrode assembly, a packaging bag and an adhesive layer, wherein the electrode assembly is bonded to the packaging bag through the adhesive layer [P6]. Xiao further teaches selecting and controlling the maximum bonding force, f, in Newtons (N) of the adhesive layer with different values [P60-77]. Examples 5 and 6 disclose maximum bonding forces of 5 N and 20 N [P68-71] (an adhesion force between the adhesive and the outer surface of the battery cell is m, and m ≥ 3 N).
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious modify and select and adhesive bonding force in view of Xiao to the battery structure of Li. Although the battery structures of Li and Xiao are not identical, both references concern the use of an adhesive in a battery structure to maintain components in a desired position, the difference in the particular surfaces being bonded does not change the basic function of the adhesive (i.e. securing one battery component to another while providing a selected adhesion force). The claimed temperature of 25 ºC merely corresponds to normal/ambient temperature and therefore would have been a conventional condition under which to evaluate the adhesive properties of the battery.
It is well settled that determination of optimum values of cause effective variables such as these process parameters is within the skill of one practicing in the art. In re Boesch, 205 USPQ 215 (CCPA 1980).
A particular parameter must first be recognized as a result-effective variable, i.e., a variable which achieves a recognized result, before the determination of the optimum or workable ranges of said variable might be characterized as routine experimentation. In re Antonie, 559 F.2d 618, 195 USPQ 6 (CCPA 1977).
Regarding claim 11, as applied to claim 1, L teaches that the flame-retardant coating is applied to the inner and/or outer surfaces of the battery case [P13] (the adhesive is adhered to an inner surface of the packaging bag).
Regarding claim 13, as applied to claim 1, Li teaches that the flame-retardant coating is applied to the inner and/or outer surfaces of the battery case [P13] (the adhesive material is adhered to the outer surface of the battery cell and an inner surface of the packaging bag). Li further teaches the preparation of the flame-retardant coating by mixing melamine97%:SBR2%:CMC1% in water to form a slurry. The melamine particles are present in an amount substantially greater than the binder and are mixed prior the coating, the melamine particles are distributed throughout and occupy the interstitial spaces between portions of the binder. Thus, the claimed relationship in which the heat-absorbing material fills gaps of the adhesive material would have been at least inherently present, or alternatively and obvious result of the disclosed mixing process.
Regarding claim 16 and 17, as applied to claim 1, Li teaches in to FIG 1 to 3, wherein the outer surface of the battery cell comprises an end wall surface perpendicular to a length direction of the battery cell and a peripheral wall connected to the end wall surface at an angle, and the adhesive is adhered to at least one of the peripheral wall or the end wall surface. Wherein the flame-retardant coating 3 (adhesive) is applied to the inner and/or outer surfaces of the battery case [P13] (the adhesive is adhered to the end wall surface and extends and is adhered to the peripheral wall).
Regarding claim 19, as applied to claim 1, Li teaches as lithium-ion batteries become more and more widely used in portable electronic devices, energy storage, and electric vehicles [P1] (An electric apparatus comprising the battery according to claim 1).
Regarding claim 20, as applied to claim 19, Li teaches that the flame-retardant (heat absorbing material) accounts for 80% to 99.9% of the total weight of the flame-retardant coating [P8] (based on a mass of the adhesive layer, a mass percentage of the heat-absorbing material is A, and 45% ≤ A ≤ 90%).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN107845742A of record – see 08/26/2024 IDS), Wantanabe (JP2003031187A – of record – see 08/26/2024 IDS) and Xiao (WO2021119911A1) as applied to claim 1 above, and further in view of Kilhenny et al. (US 20210257690).
Regarding claim 8, as applied to claim 1, Li in view of Wantanabe and Xiao is silent about the adhesive satisfies at least one of the following conditions:
condition a: a particle size of the heat-absorbing material is R1, 5 μm ≤ R1 ≤ 25 μm; or
condition b: a thickness of the adhesive layer is D, 20 μm ≤ D ≤ 100 μm
In the same field of endeavor, thermal management, Kilhenny et al. teaches an adhesive layer can have a thickness 0.00025 to 0.010 inches (6 to 254 μm), or 0.0005 to 0.003 inches (12.7 to 76 μm) [0054].
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious modify and apply the thickness of the adhesive layer taught by Kilhenny to the flame reatandat coating (adhesive layer) of Li, the thickness is a known design parameter that affects the bonding performance of the adhesive layer. Li teaches using an adhesive layer to bond the relevant battery components, while Kilhenny teaches a suitable thickness for an adhesive layer used for the same or a similar bonding application. Applying the thickness taught by Kilhenny to the adhesive layer of Li would therefore have been a predictable use of a known parameter to obtain the expected bonding function, with a reasonable expectation of success.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN107845742A of record – see 08/26/2024 IDS), Wantanabe (JP2003031187A – of record – see 08/26/2024 IDS) and Xiao (WO2021119911A1) as applied to claim 1 above, and further in view of Takahashi (US 20190140241).
Regarding claim 12, as applied to claim 1, Li teaches a power battery with a positive electrode sheet and a negative electrode sheet with a separator are wound together [P36] (battery cell comprises a positive electrode plate, a separator, and a negative electrode plate; the positive electrode plate, the separator, and the negative electrode plate wound together to form the battery cell).
Li in view of Wantanabe and Xiao is silent about the positive plate and the negative plate being stacked together, and about the battery cell comprising a winding tail end, and the adhesive is adhered to the winding tail end to form a tail adhesive.
In the same field of endeavor, battery, Takahashi teaches in FIG 1 and FIG 2, the wound electrode body 10 is prepared by stacking a positive electrode 11 and a negative electrode 12 with a separator 15 interposed therebetween, and winding the stack, and the outermost circumferential part of the wound electrode body 10 is protected by a protective tape (sealing tape 18c) [0035] (the positive electrode plate, the separator, and the negative electrode plate are stacked and the battery cell comprises a winding tail end, and the adhesive is adhered to the winding tail end to form a tail adhesive).
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious modify the electrode assembly of Li in view of Takahashi because both references employ the same basic battery components (positive electrode, negative electrode and a separator). Takahashi demonstrates that these components may be arranged stacked configuration and secured at the winding tail end with an adhesive. Substituting the electrode arrangement of Takahashi for the corresponding arrangement of Li would have been a predictable alternative configuration of the same known battery components, retaining the conventional function of the same. The use of an adhesive at the winding tail end would further provide the predictable benefit of securing the end of the electrode assembly and maintaining the desired assembled configuration. The combination would have involved the application of a known arrangement and adhesive securing technique to a known battery assembly, with a reasonable expectation of success.
Claim(s) 14 and 15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN107845742A of record – see 08/26/2024 IDS), Wantanabe (JP2003031187A – of record – see 08/26/2024 IDS) and Xiao (WO2021119911A1) as applied to claim 1 above, and further in view of MURAKI et al. (US 20180301671).
Regarding claim 14 and 15, as applied to claim 1, Li is silent about the adhesive further comprises a substrate layer stacked with the adhesive layer, wherein the adhesive layer is provided on at least one surface of the substrate layer or the material for the substrate layer. Wantanabe teaches a battery cell that includes a substrate disposed on the electrode assembly and the adhesive layer disposed around the periphery of the substrate [P9].
In the same field of endeavor, power device, Muraki teaches a packaging material for a power storage device. Wherein an adhesive layer 13 provided on a surface of the substrate layer 11. The substrate layer 11 preferably comprises a resin film made of a resin having insulating properties. Examples of the resin film include stretched or unstretched films, such as polyester films, polyamide films, and polypropylene films [0021,0028,0031]. It would have been obvious to one having ordinary skill in the art at the time to modify the electrode assembly of Li in view of Wantanabe and Muraki because Wantanabe teaches disposing a substrate on the electrode assembly and providing an adhesive layer around the substrate, while Muraki provides a similar arrangement between the substrate and the adhesive layer and identifies a suitable material for the substrate. Combining these teachings would therefore have amounted to applying a known substrate material and a known configuration between the substrate and the adhesive layer for an electrode assembly to obtain an expected function of securing the substrate to the electrode assembly, with a reasonable expectation of success.
Claim(s) 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Li (CN107845742A of record – see 08/26/2024 IDS), Wantanabe (JP2003031187A – of record – see 08/26/2024 IDS) and Xiao (WO2021119911A1) as applied to claim 11 above, and further in view of Takahashi (US 20190140241).
Regarding claim 18, as applied to claim 11, Li teaches a power battery with a positive electrode sheet and a negative electrode sheet with a separator are wound together [P36] (battery cell comprises a positive electrode plate, a separator, and a negative electrode plate; the positive electrode plate, the separator, and the negative electrode plate wound together to form the battery cell).
Li in view of Wantanabe and Xiao is silent about the positive plate and the negative plate being stacked together, and about the battery cell comprising a winding tail end, and the adhesive is adhered to the winding tail end to form a tail adhesive.
In the same field of endeavor, battery, Takahashi teaches in FIG 1 and FIG 2, the wound electrode body 10 is prepared by stacking a positive electrode 11 and a negative electrode 12 with a separator 15 interposed therebetween, and winding the stack, and the outermost circumferential part of the wound electrode body 10 is protected by a protective tape (sealing tape 18c) [0035] (the positive electrode plate, the separator, and the negative electrode plate are stacked and the battery cell comprises a winding tail end, and the adhesive is adhered to the winding tail end to form a tail adhesive).
One of ordinary skill in the art before the effective filing date of the invention would have found it obvious modify the electrode assembly of Li in view of Takahashi because both references employ the same basic battery components (positive electrode, negative electrode and a separator). Takahashi demonstrates that these components may be arranged stacked configuration and secured at the winding tail end with an adhesive. Substituting the electrode arrangement of Takahashi for the corresponding arrangement of Li would have been a predictable alternative configuration of the same known battery components, retaining the conventional function of the same. The use of an adhesive at the winding tail end would further provide the predictable benefit of securing the end of the electrode assembly and maintaining the desired assembled configuration. The combination would have involved the application of a known arrangement and adhesive securing technique to a known battery assembly, with a reasonable expectation of success.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. CN111384463A, MIYATA et al (US 20220407175), CN104610883A, WO2020047031A1, OOTSUKI et al (US 20210013460).
Any inquiry concerning this communication should be directed to NICOLAS J ROSA BERRIOS at telephone number (571)270-1856.
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/NICOLAS JENNIEL ROSA BERRIOS/ Examiner, Art Unit 1741 9/10/2026
/JaMel M Nelson/Primary Examiner, Art Unit 1743
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