DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Objections
2. Claims 3, 5, 12, and 14 are objected to because of the following informalities:
A: Within claim 3, the parenthesis in lines 3 and 4 are left unfilled while parenthesis in previous and following claims are probably filled so as to label the different conditions to be potentially satisfied;
B: Within claim 5, the parenthesis in line 6 is left unfilled while the parenthesis in lines 3-5 were filled to label the different conditions to be potentially satisfied;
C: Within claim 12, the parenthesis in lines 3 and 4 are left unfilled while parenthesis in previous and following claims are probably filled so as to label the different conditions to be potentially satisfied; and
D: Within claim 14, the parenthesis in line 6 is left unfilled while the parenthesis in lines 3-5 were filled to label the different conditions to be potentially satisfied.
Appropriate correction is required.
Claim Rejections - 35 USC § 103
3. 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.
4. Claims 1-3, 6, 10-12, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US-20200313186-A1).
As to claim 1, Wang discloses an electrochemical device [0099], comprising an electrode assembly [0099], wherein the electrode assembly comprises a negative electrode plate [0061] and a positive electrode plate [0081], the negative electrode plate comprising a negative electrode current collector [0061] and a negative electrode active layer [0061] disposed on a surface of the negative electrode current collector [0061], and the positive electrode plate comprising a positive electrode current collector [0081] and a positive electrode active layer [0081] disposed on a surface of the positive electrode current collector [0081]; wherein a width of the negative electrode active layer is Ha; along a width direction of the negative electrode active layer, the negative electrode active layer comprises a first edge [0061] and a second edge [0061]; and along the width direction of the negative electrode active layer, the negative electrode active layer comprises a first region [0061] and a second region [0061].
Wang does not disclose wherein the first edge the second edge are opposite each other, the first region being a region from the first edge to a distance of Ha/4 away from the first edge and the second region being a region from the distance of Ha/4 away from the first edge to a distance of 3Ha/4 away from the first edge, but it has been held that the configuration or shape of a claimed device is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed device is significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Additionally, Wang does not disclose that under a state of charge of 50% of the electrochemical device, a charge transfer resistance per unit area of the first region is Rct1, and a charge transfer resistance per unit area of the second region is Rct2, wherein 85%≤Rct1/Rct2≤140%. However, Wang does disclose that the negative electrode active layer is formed from an anode active component graphite, a binder styrene-butadiene rubber (SBR) and a dispersing agent carboxymethyl cellulose mixed to a weight ratio of 97%:1%:2% [0137] which are the same materials used to create the negative electrode active layer in the present application ([0098] of instant application’s specification). Regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
As such, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the electrochemical device disclosed within Wang to include the first edge the second edge being opposite each other, the first region being a region from the first edge to a distance of Ha/4 away from the first edge and the second region being a region from the distance of Ha/4 away from the first edge to a distance of 3Ha/4 away from the first edge, and that under a state of charge of 50% of the electrochemical device, a charge transfer resistance per unit area of the first region is Rct1, and a charge transfer resistance per unit area of the second region is Rct2, wherein 85%≤Rct1/Rct2≤140%.
As to claim 2, modified Wang discloses the electrochemical device of claim 1, and further discloses wherein the electrochemical device satisfies that an average thickness H1 of the negative electrode active layer in the first region and an average thickness H2 of the negative electrode active layer in the second region satisfy (H2-H1)/H2≤0.15 (table 2, embodiment 1, thickness of first anode region, equivalent of the second region in the present application, being 121.4 micrometers and second anode region, equivalent of the first region in the present application, being 116.7 micrometers).
As to claim 3, modified Wang discloses the electrochemical device of claim 1, but does not disclose wherein the electrochemical device satisfies at least one of the following conditions: () 60mΩ/mm2≤Rct1≤100mΩ/mm2; or () 60mΩ/mm2≤Rct2≤80mΩ/mm2.
However, Wang does disclose that the negative electrode active layer is formed from an anode active component graphite, a binder styrene-butadiene rubber (SBR) and a dispersing agent carboxymethyl cellulose mixed to a weight ratio of 97%:1%:2% [0137] which are the same materials used to create the negative electrode active layer in the present application ([0098] of instant application’s specification). Regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
As such, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to further modify the electrochemical device disclosed within Wang to additionally include that the electrochemical device satisfies at least one of the following conditions: () 60mΩ/mm2≤Rct1≤100mΩ/mm2; or () 60mΩ/mm2≤Rct2≤80mΩ/mm2.
As to claim 6, modified Wang discloses the electrochemical device of claim 2, and further discloses wherein the electrochemical device satisfies that H2-H1≤5μm (table 2, embodiment 1, thickness of first anode region, equivalent of the second region in the present application, being 121.4 micrometers and second anode region, equivalent of the first region in the present application, being 116.7 micrometers).
As to claim 10, Wang discloses an electrochemical device [0099], comprising an electrode assembly [0099], wherein the electrode assembly comprises a negative electrode plate [0061] and a positive electrode plate [0081], the negative electrode plate comprising a negative electrode current collector [0061] and a negative electrode active layer [0061] disposed on a surface of the negative electrode current collector [0061], and the positive electrode plate comprising a positive electrode current collector [0081] and a positive electrode active layer [0081] disposed on a surface of the positive electrode current collector [0081]; wherein a width of the negative electrode active layer is Ha; along a width direction of the negative electrode active layer, the negative electrode active layer comprises a first edge [0061] and a second edge [0061]; and along the width direction of the negative electrode active layer, the negative electrode active layer comprises a first region [0061] and a second region [0061].
Wang does not disclose wherein the first edge the second edge are opposite each other, the first region being a region from the first edge to a distance of Ha/4 away from the first edge and the second region being a region from the distance of Ha/4 away from the first edge to a distance of 3Ha/4 away from the first edge, but it has been held that the configuration or shape of a claimed device is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed device is significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Additionally, Wang does not disclose that under a state of charge of 50% of the electrochemical device, a charge transfer resistance per unit area of the first region is Rct1, and a charge transfer resistance per unit area of the second region is Rct2, wherein 85%≤Rct1/Rct2≤140%. However, Wang does disclose that the negative electrode active layer is formed from an anode active component graphite, a binder styrene-butadiene rubber (SBR) and a dispersing agent carboxymethyl cellulose mixed to a weight ratio of 97%:1%:2% [0137] which are the same materials used to create the negative electrode active layer in the present application ([0098] of instant application’s specification). Regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
As such, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to modify the electrochemical device disclosed within Wang to include the first edge the second edge being opposite each other, the first region being a region from the first edge to a distance of Ha/4 away from the first edge and the second region being a region from the distance of Ha/4 away from the first edge to a distance of 3Ha/4 away from the first edge, and that under a state of charge of 50% of the electrochemical device, a charge transfer resistance per unit area of the first region is Rct1, and a charge transfer resistance per unit area of the second region is Rct2, wherein 85%≤Rct1/Rct2≤140%.
As to claim 11, modified Wang discloses the electrochemical device of claim 10, and further discloses wherein the electrochemical device satisfies that an average thickness H1 of the negative electrode active layer in the first region and an average thickness H2 of the negative electrode active layer in the second region satisfy (H2-H1)/H2≤0.15 (table 2, embodiment 1, thickness of first anode region, equivalent of the second region in the present application, being 121.4 micrometers and second anode region, equivalent of the first region in the present application, being 116.7 micrometers).
As to claim 12, modified Wang discloses the electrochemical device of claim 10, but does not disclose wherein the electrochemical device satisfies at least one of the following conditions: () 60mΩ/mm2≤Rct1≤100mΩ/mm2; or () 60mΩ/mm2≤Rct2≤80mΩ/mm2.
However, Wang does disclose that the negative electrode active layer is formed from an anode active component graphite, a binder styrene-butadiene rubber (SBR) and a dispersing agent carboxymethyl cellulose mixed to a weight ratio of 97%:1%:2% [0137] which are the same materials used to create the negative electrode active layer in the present application ([0098] of instant application’s specification). Regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed properties or functions are presumed to be inherent. The Courts have held that it is well settled that where there is a reason to believe that a functional characteristic would be inherent in the prior art, the burden of proof then shifts to the applicant to provide objective evidence to the contrary. See In re Schreiber, 128 F.3d at 1478, 44 USPQ2d at 1478, 44 USPQ2d at 1432 (Fed. Cir. 1997) (see MPEP § 2112.01, I.).
As such, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to further modify the electrochemical device disclosed within Wang to additionally include that the electrochemical device satisfies at least one of the following conditions: () 60mΩ/mm2≤Rct1≤100mΩ/mm2; or () 60mΩ/mm2≤Rct2≤80mΩ/mm2.
As to claim 15, modified Wang discloses the electrochemical device of claim 11, and further discloses wherein the electrochemical device satisfies that H2-H1≤5μm (table 2, embodiment 1, thickness of first anode region, equivalent of the second region in the present application, being 121.4 micrometers and second anode region, equivalent of the first region in the present application, being 116.7 micrometers).
5. Claims 4 and 5 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US-20200313186-A1) as applied to claim 1, and further in view of Maruo et al. (US-20020061449-A1).
As to claim 4, modified Wang discloses the electrochemical device of claim 1, and further discloses wherein a width of the positive electrode active layer is Hb, and along a width direction of the positive electrode active layer, the positive electrode active layer comprises a third edge [0081] and a fourth edge [0097]; and along the width direction of the positive electrode active layer, the positive electrode active layer comprises a third region [0081] and a fourth region[0081].
Wang does not disclose wherein the third edge the fourth edge are opposite each other, the third region being a region from the third edge to a distance of Hb/4 away from the third edge and the fourth region being a region from the distance of Hb/4 away from the third edge to a distance of 3Hb/4 away from the third edge, but it has been held that the configuration or shape of a claimed device is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed device is significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Additionally, Wang does not disclose wherein an average thickness H3 of the positive electrode active layer in the third region and an average thickness H4 of the positive electrode active layer in the fourth region satisfy (H4-H3)/H4≤0.3.
Maruo discloses a battery having a positive electrode and a negative electrode, wherein an average thickness H3 of the positive electrode active layer in the third region and an average thickness H4 of the positive electrode active layer in the fourth region satisfy (H4-H3)/H4≤0.3 ([0112], uniform thickness between 10 to 200 micrometers, which satisfies (H4-H3)/H4≤0.3 which will be 0 when H4 and H3 have uniform thickness). It has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In re Rose , 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). Also see MPEP 2144.
As such, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to further modify the electrochemical device disclosed within Wang to include the third edge the fourth edge being opposite each other, the third region being a region from the third edge to a distance of Hb/4 away from the third edge and the fourth region being a region from the distance of Hb/4 away from the third edge to a distance of 3Hb/4 away from the third edge. Additionally, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to further modify the electrochemical device disclosed within Wang to include that an average thickness H3 of the positive electrode active layer in the third region and an average thickness H4 of the positive electrode active layer in the fourth region satisfy (H4-H3)/H4≤0.3 as disclosed within Maruo.
As to claim 5, modified Wang discloses the electrochemical device of claim 4, but does not disclose wherein the electrochemical device satisfies at least one of the following conditions: (vi) 0.05≤(H4-H3)/H4≤0.2; (vii) 50μm≤H3≤100μm; (viii) 50μm≤H4≤100μm; or () H4-H3≤25μm.
Maruo discloses a battery having a positive electrode and a negative electrode, wherein H4-H3≤25μm (([0112], uniform thickness between 10 to 200 micrometers, which satisfies H4-H3≤25μm which will be 0 when H4 and H3 have uniform thickness). It has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In re Rose , 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). Also see MPEP 2144.
As such, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to further modify the electrochemical device disclosed within Wang to include that the electrochemical device satisfies at least one of the following conditions: (vi) 0.05≤(H4-H3)/H4≤0.2; (vii) 50μm≤H3≤100μm; (viii) 50μm≤H4≤100μm; or () H4-H3≤25μm as disclosed within Maruo.
6. Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US-20200313186-A1) as applied to claim 1, and further in view of Oosawa et al. (US-20040067417-A1).
As to claim 7, modified Wang discloses the electrochemical device of claim 1, but does not disclose wherein viewed along a thickness direction of the negative electrode plate, the negative electrode active layer comprises a first extension region not overlapping with the positive electrode active layer in a width direction of the negative electrode active layer; and the positive electrode plate further comprises an insulation layer, and viewed along the thickness direction of the negative electrode plate, the insulation layer at least partially overlaps with the first extension region.
Oosawa discloses a bipolar battery, wherein viewed along a thickness direction of the negative electrode plate, the negative electrode active layer comprises a first extension region (figure 2A, negative electrode layer 3) not overlapping with the positive electrode active layer in a width direction of the negative electrode active layer (figure 2A, positive electrode layer 2 and negative electrode layer 3) to prevent short circuits between electrodes and electrolytes of respective cells [0042]; and the positive electrode plate further comprises an insulation layer (figure 2A, insulation film 6), and viewed along the thickness direction of the negative electrode plate, the insulation layer at least partially overlaps with the first extension region (figure 2A, negative electrode layer 6) to prevent short circuits between electrodes and electrolytes of respective cells [0042].
As such, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to further modify the electrochemical device disclosed within Wang to include that when viewed along a thickness direction of the negative electrode plate, the negative electrode active layer comprises a first extension region not overlapping with the positive electrode active layer in a width direction of the negative electrode active layer; and the positive electrode plate further comprises an insulation layer, and viewed along the thickness direction of the negative electrode plate, the insulation layer at least partially overlaps with the first extension region to prevent short circuits between electrodes and electrolytes of respective cells as disclosed within Maruo.
7. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US-20200313186-A1) and Oosawa et al. (US-20040067417-A1) as applied to claim 7, and further in view of Zheng et al. (US-20200144674-A1).
As to claim 8, modified Wang discloses the electrochemical device of claim 7, but does not disclose wherein the insulation layer comprises a binder and inorganic particles, and the insulation layer satisfies at least one of the following conditions: (a) the inorganic particles comprise at least one selected from the group consisting of HfO2, SrTiO3, SnO2, CeO2, MgO, NiO, CaO, BaO, ZnO, ZrO2, Y2O3, Al2O3, TiO2, SiO2, boehmite, magnesium hydroxide, aluminum hydroxide, lithium phosphate, lithium titanium phosphate, lithium aluminum titanium phosphate, lithium lanthanum titanate, lithium germanium thiophosphate, lithium nitride, SiS2 glass, P2S5 glass, Li2O, LiF, LiOH, Li2CO3, LiAlO2, lithium germanium phosphorous sulfur ceramics, and garnet ceramics; (b) the binder comprises at least one selected from the group consisting of polyvinylidene fluoride, polytetrafluoroethylene, sodium carboxymethyl cellulose, styrene-butadiene rubber, nitrile rubber, polyurethane, fluorinated rubber, polyvinyl alcohol, and polyacrylic acid sodium; or (c) based on a mass of the insulation layer, a mass percentage of the binder is 5% to 40%.
Zheng discloses an electrochemical device having an insulation layer, wherein the insulation layer comprises a binder (figure 14, insulating layer 1406, [0056]) and inorganic particles (figure 14, insulating layer 1406, [0056]), and wherein the inorganic particles comprise boehmite (figure 14, insulating layer 1406, [0056]) to improve the safety performance of the battery [0044].
As such, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to further modify the electrochemical device disclosed within Wang to include wherein the insulation layer comprises a binder and inorganic particles, and wherein the inorganic particles comprise boehmite to improve the safety performance of the battery as disclosed within Zheng.
8. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US-20200313186-A1) as applied to claim 1, and further in view of Wang et al. (US-20200127295-A1, hereinafter Wang’).
As to claim 9, modified Wang discloses the electrochemical device of claim 1, but does not disclose wherein the electrochemical device satisfies at least one of the following conditions: (d) an internal resistance R of the electrochemical device is 15mΩ to 19mΩ; (e) a compacted density of the negative electrode active layer is 1.0g/cm3 to 1.9g/cm3; (f) a porosity of the negative electrode active layer is 20% to 40%; (e) a compacted density of the positive electrode active layer is 3.5g/cm3 to 4.5g/cm3; or (f) a porosity of the positive electrode active layer is 20% to 45%.
Wang’ discloses a negative electrode plate for a secondary battery, wherein a porosity of the negative electrode active layer is 20% to 40% ([0030], 20%-60%) to improve the retention ability of the electrolyte. It is appreciated that in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As such, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to further modify the electrochemical device disclosed within Wang to include that the porosity of the negative electrode active layer is 20% to 40% to improve the retention ability of the electrolyte as disclosed within Wang’.
9. Claims 13 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US-20200313186-A1) as applied to claim 10, and further in view of Maruo et al. (US-20020061449-A1).
As to claim 13, modified Wang discloses the electrochemical device of claim 10, and further discloses wherein a width of the positive electrode active layer is Hb, and along a width direction of the positive electrode active layer, the positive electrode active layer comprises a third edge [0081] and a fourth edge [0097]; and along the width direction of the positive electrode active layer, the positive electrode active layer comprises a third region [0081] and a fourth region[0081].
Wang does not disclose wherein the third edge the fourth edge are opposite each other, the third region being a region from the third edge to a distance of Hb/4 away from the third edge and the fourth region being a region from the distance of Hb/4 away from the third edge to a distance of 3Hb/4 away from the third edge, but it has been held that the configuration or shape of a claimed device is a matter of choice which a person of ordinary skill in the art would have found obvious absent persuasive evidence that the particular configuration of the claimed device is significant. In re Dailey, 357 F.2d 669, 149 USPQ 47 (CCPA 1966).
Additionally, Wang does not disclose wherein an average thickness H3 of the positive electrode active layer in the third region and an average thickness H4 of the positive electrode active layer in the fourth region satisfy (H4-H3)/H4≤0.3.
Maruo discloses a battery having a positive electrode and a negative electrode, wherein an average thickness H3 of the positive electrode active layer in the third region and an average thickness H4 of the positive electrode active layer in the fourth region satisfy (H4-H3)/H4≤0.3 ([0112], uniform thickness between 10 to 200 micrometers, which satisfies (H4-H3)/H4≤0.3 which will be 0 when H4 and H3 have uniform thickness). It has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In re Rose , 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). Also see MPEP 2144.
As such, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to further modify the electrochemical device disclosed within Wang to include the third edge the fourth edge being opposite each other, the third region being a region from the third edge to a distance of Hb/4 away from the third edge and the fourth region being a region from the distance of Hb/4 away from the third edge to a distance of 3Hb/4 away from the third edge. Additionally, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to further modify the electrochemical device disclosed within Wang to include that an average thickness H3 of the positive electrode active layer in the third region and an average thickness H4 of the positive electrode active layer in the fourth region satisfy (H4-H3)/H4≤0.3 as disclosed within Maruo.
As to claim 14, modified Wang discloses the electrochemical device of claim 13, but does not disclose wherein the electrochemical device satisfies at least one of the following conditions: (vi) 0.05≤(H4-H3)/H4≤0.2; (vii) 50μm≤H3≤100μm; (viii) 50μm≤H4≤100μm; or () H4-H3≤25μm.
Maruo discloses a battery having a positive electrode and a negative electrode, wherein H4-H3≤25μm (([0112], uniform thickness between 10 to 200 micrometers, which satisfies H4-H3≤25μm which will be 0 when H4 and H3 have uniform thickness). It has been held that where the only difference between the prior art and the claims was a recitation of relative dimensions of the claimed device and a device having the claimed relative dimensions would not perform differently than the prior art device, the claimed device was not patentably distinct from the prior art device. In re Rose , 220 F.2d 459, 105 USPQ 237 (CCPA 1955); In re Rinehart, 531 F.2d 1048, 189 USPQ 143 (CCPA 1976); In Gardner v. TEC Systems, Inc., 725 F.2d 1338, 220 USPQ 777 (Fed. Cir. 1984), cert. denied, 469 U.S. 830, 225 USPQ 232 (1984). Also see MPEP 2144.
As such, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to further modify the electrochemical device disclosed within Wang to include that the electrochemical device satisfies at least one of the following conditions: (vi) 0.05≤(H4-H3)/H4≤0.2; (vii) 50μm≤H3≤100μm; (viii) 50μm≤H4≤100μm; or () H4-H3≤25μm as disclosed within Maruo.
10. Claim 16 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US-20200313186-A1) as applied to claim 10, and further in view of Oosawa et al. (US-20040067417-A1).
As to claim 16, modified Wang discloses the electrochemical device of claim 10, but does not disclose wherein viewed along a thickness direction of the negative electrode plate, the negative electrode active layer comprises a first extension region not overlapping with the positive electrode active layer in a width direction of the negative electrode active layer; and the positive electrode plate further comprises an insulation layer, and viewed along the thickness direction of the negative electrode plate, the insulation layer at least partially overlaps with the first extension region.
Oosawa discloses a bipolar battery, wherein viewed along a thickness direction of the negative electrode plate, the negative electrode active layer comprises a first extension region (figure 2A, negative electrode layer 3) not overlapping with the positive electrode active layer in a width direction of the negative electrode active layer (figure 2A, positive electrode layer 2 and negative electrode layer 3) to prevent short circuits between electrodes and electrolytes of respective cells [0042]; and the positive electrode plate further comprises an insulation layer (figure 2A, insulation film 6), and viewed along the thickness direction of the negative electrode plate, the insulation layer at least partially overlaps with the first extension region (figure 2A, negative electrode layer 6) to prevent short circuits between electrodes and electrolytes of respective cells [0042].
As such, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to further modify the electrochemical device disclosed within Wang to include that when viewed along a thickness direction of the negative electrode plate, the negative electrode active layer comprises a first extension region not overlapping with the positive electrode active layer in a width direction of the negative electrode active layer; and the positive electrode plate further comprises an insulation layer, and viewed along the thickness direction of the negative electrode plate, the insulation layer at least partially overlaps with the first extension region to prevent short circuits between electrodes and electrolytes of respective cells as disclosed within Maruo.
11. Claim 17 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US-20200313186-A1) and Oosawa et al. (US-20040067417-A1) as applied to claim 16, and further in view of Zheng et al. (US-20200144674-A1).
As to claim 17, modified Wang discloses the electrochemical device of claim 16, but does not disclose wherein the insulation layer comprises a binder and inorganic particles, and the insulation layer satisfies at least one of the following conditions: (a) the inorganic particles comprise at least one selected from the group consisting of HfO2, SrTiO3, SnO2, CeO2, MgO, NiO, CaO, BaO, ZnO, ZrO2, Y2O3, Al2O3, TiO2, SiO2, boehmite, magnesium hydroxide, aluminum hydroxide, lithium phosphate, lithium titanium phosphate, lithium aluminum titanium phosphate, lithium lanthanum titanate, lithium germanium thiophosphate, lithium nitride, SiS2 glass, P2S5 glass, Li2O, LiF, LiOH, Li2CO3, LiAlO2, lithium germanium phosphorous sulfur ceramics, and garnet ceramics; (b) the binder comprises at least one selected from the group consisting of polyvinylidene fluoride, polytetrafluoroethylene, sodium carboxymethyl cellulose, styrene-butadiene rubber, nitrile rubber, polyurethane, fluorinated rubber, polyvinyl alcohol, and polyacrylic acid sodium; or (c) based on a mass of the insulation layer, a mass percentage of the binder is 5% to 40%.
Zheng discloses an electrochemical device having an insulation layer, wherein the insulation layer comprises a binder (figure 14, insulating layer 1406, [0056]) and inorganic particles (figure 14, insulating layer 1406, [0056]), and wherein the inorganic particles comprise boehmite (figure 14, insulating layer 1406, [0056]) to improve the safety performance of the battery [0044].
As such, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to further modify the electrochemical device disclosed within Wang to include wherein the insulation layer comprises a binder and inorganic particles, and wherein the inorganic particles comprise boehmite to improve the safety performance of the battery as disclosed within Zheng.
12. Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (US-20200313186-A1) as applied to claim 10, and further in view of Wang et al. (US-20200127295-A1, hereinafter Wang’).
As to claim 18, modified Wang discloses the electrochemical device of claim 10, but does not disclose wherein the electrochemical device satisfies at least one of the following conditions: (d) an internal resistance R of the electrochemical device is 15mΩ to 19mΩ; (e) a compacted density of the negative electrode active layer is 1.0g/cm3 to 1.9g/cm3; (f) a porosity of the negative electrode active layer is 20% to 40%; (e) a compacted density of the positive electrode active layer is 3.5g/cm3 to 4.5g/cm3; or (f) a porosity of the positive electrode active layer is 20% to 45%.
Wang’ discloses a negative electrode plate for a secondary battery, wherein a porosity of the negative electrode active layer is 20% to 40% ([0030], 20%-60%) to improve the retention ability of the electrolyte. It is appreciated that in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As such, it would have been obvious to one of ordinary skill in the art before the effective filling date of the claimed invention to further modify the electrochemical device disclosed within Wang to include that the porosity of the negative electrode active layer is 20% to 40% to improve the retention ability of the electrolyte as disclosed within Wang’.
Conclusion
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/J.J.S./Examiner, Art Unit 1727 /Maria Laios/Primary Examiner, Art Unit 1727
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