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 .
Priority
Acknowledgment is made of applicant's claim for foreign priority based on an application filed in PEOPLE'S REPUBLIC OF CHINA on 28 June 2023. It is noted, however, that applicant has not filed a certified copy of the CN202310776457.0 application as required by 37 CFR 1.55.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1-20 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “a particle diameter of the first material, Dv50, is ≤800 nm” where it’s unclear if the term “Dv50” is meant to impart a further limitation on the particle diameter as a D50 median particle diameter or if the particle diameter is not limited to this measurement. Applicant’s specification at para [0029] recites the particle diameter is a median particle diameter, but it’s unclear if this limitation is required in claim 1. As such, the scope of claim 1 cannot be reasonably determined and is rendered indefinite.
Claims 2-20 are also rendered indefinite by depending from indefinite claim 1.
Claim Rejections - 35 USC § 102/103
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 the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
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 nonobviousness.
Claims 1-9, 14-16, and 18 are rejected under 35 U.S.C. 102(a)(1) as anticipated by or, in the alternative, under 35 U.S.C. 103 as obvious over Xie et al (CN 114156450A, reference made to attached English machine translation).
Regarding claim 1 Xie discloses a positive electrode piece (Abstract, Fig. 1), comprising:
a positive electrode current collector ([n0027], Fig. 1 see: current collector 01), a first coating layer disposed on at least one surface of the positive electrode current collector ([n0027], Fig. 1 see: protective layer 02), and a positive electrode active material layer disposed on a surface of the first coating layer ([n0027], Fig. 1 see: active material layer 03);
wherein the first coating layer contains a first material and a conductive agent ([n0031]-[n0032] see: protective layer 02 includes an inactive material and a conductive agent) and
a particle diameter of the first material, Dv50, is ≤800 nm ([n0039] see: inactive material can have a particle size distribution D50 of 0.05μm to 0.8μm); and
regarding the claim 1 limitation “a sheet resistance of the first coating layer is not less than 500 mΩ/□” Xie discloses the first coating layer (protective layer 02) has a resistivity between 500 and 5000 Ω·cm at a thickness range of 0.1 μm to 10 μm ([n0042]-[n0043]) which as sheet resistance (Rs) = resistivity (ρ)/film thickness (t) yields a sheet resistance for the first coating layer (protective layer 02) over 500 mΩ/□ for all stated resistivities and thicknesses.
Alternatively, as the safety and electrical performance of the electrochemical device (para [n0043]) are variables that can be modified, among others, by adjusting said resistivity and thus also said sheet resistance of the first coating layer, with said safety increasing and said electrical performance of the electrochemical device decreasing as the sheet resistance is increased, the precise sheet resistance of the first coating layer would have been considered a result effective variable by one having ordinary skill in the art at the time the invention was made. As such, without showing unexpected results, the claimed sheet resistance of the first coating layer cannot be considered critical. Accordingly, one of ordinary skill in the art at the time the invention was made would have optimized, by routine experimentation, the sheet resistance of the first coating layer in the positive electrode piece of Xie to obtain the desired balance between the safety and electrical performance of the electrochemical device (In re Boesch, 617 F.2d. 272, 205 USPQ 215 (CCPA 1980)), since it has been held that where the general conditions of the claim are disclosed in the prior art, discovering the optimum or workable ranges involves only routine skill in the art. (In re Aller, 105 USPQ 223).
Regarding claim 2 Xie discloses the positive electrode piece according to claim 1, wherein the particle diameter of the first material, Dv50, is ≤400 nm ([n0039] see: inactive material can have a particle size distribution D50 of 0.05μm to 0.4μm); and/or
the sheet resistance of the first coating layer is not less than 800 mΩ/□ (see claim 1 explanation above).
Regarding claim 3 Xie discloses the positive electrode piece according to claim 2, the sheet resistance of the first coating layer is not less than 800 mΩ/□ (see claim 1 explanation above) and regarding the claim 3 recitation “wherein the particle diameter of the first material, Dv50, satisfies: 10 nm≤Dv50≤80 nm” Xie at para [n0039] discloses the inactive material can have a particle size distribution D50 of 0.05μm to 0.8μm which substantially overlaps applicant’s claimed range. It is well settled that where the prior art describes the components of a claimed compound or compositions in concentrations within or overlapping the claimed concentrations a prima facie case of obviousness is established. See In re Harris, 409 F.3d 1339, 1343, 74 USPQ2d 1951, 1953 (Fed. Cir 2005); In re Peterson, 315 F.3d 1325, 1329, 65 USPQ 2d 1379, 1382 (Fed. Cir. 1997); In re Woodruff, 919 F.2d 1575, 1578 16 USPQ2d 1934, 1936-37 (CCPA 1990); In re Malagari, 499 F.2d 1297, 1303, 182 USPQ 549, 553 (CCPA 1974).
Regarding claim 4 Xie discloses the positive electrode piece according to claim 1, wherein in the first coating layer, a mass ratio of the first material is ≥30% ([n0032], see: mass content of inactive material in protective layer 02 is 60% to 96%), and a mass ratio of the conductive agent is ≤20% ([n0032], see: mass content of conductive agent in protective layer 02 is 1% to 10%).
Regarding claim 5 Xie discloses the positive electrode piece according to claim 4, wherein the first coating layer further contains a first binder ([n0015], see: adhesive/binder), and a content of the first binder in the first coating layer is greater than or equal to 15 wt % and less than or equal to 70 wt % ([n0032], see: mass content of adhesive/binder content in protective layer 02 is for example 15% to 30%).
Regarding claims 6-9 Xie discloses the positive electrode piece according to claims 1-4, wherein a thickness of the first coating layer in the positive electrode piece is not greater than 1 μm (para [n0042] see: thickness of protective layer 02 can be 0.1 μm to 1 μm); and/or
a resistivity of the first material is greater than or equal to 1 Ω*cm (paras [n0033]-[n0035] see: inactive material of the protective layer 02 can be alumina (Al₂O₂), titanium dioxide, magnesium oxide (MgO), zirconium oxide (ZrO), or silicon oxide all of which are materials with an inherent resistivity greater than 1 Ω*cm).
Regarding claims 14-16 Xie discloses the positive electrode piece according to claims 1-3, wherein the first material is selected from at least one of: aluminum oxide, barium sulfate, silicon dioxide, silicon monoxide, zirconium oxide, magnesium oxide, vanadium oxide, titanium oxide, boehmite, which are carbon-coated or non-carbon-coated; carbon-coated or non-carbon-coated lithium iron manganese phosphate; and carbon-coated or non-carbon-coated lithium titanate (paras [n0033]-[n0035] see: inactive material of the protective layer 02 can be alumina (Al₂O₂), titanium dioxide, magnesium oxide (MgO), zirconium oxide (ZrO), or silicon oxide).
Regarding claim 18 Xie discloses a lithium-ion battery, comprising the positive electrode piece according to claim 1 (para [n0053] see: the electrochemical device of the present invention can be a lithium-ion battery).
Claims 10-13 and 17 are rejected under 35 U.S.C. 103 as being unpatentable over Xie et al (CN 114156450A, reference made to attached English machine translation) as applied to claims 1-9, 14-16 and 18 above, and further in view of Yamatani et al (US 2023/0155180).
Regarding claims 10-13 Xie discloses the positive electrode piece according to claims 1-4, wherein the positive electrode active material layer contains a positive electrode active material (Xie, [n0048] see: positive electrode active material in the active material layer 03) and regarding the claim 10-13 limitations where the active material layer contains “a second material wherein a resistivity of the second material is greater than or equal to 1 Ω*cm” Xie discloses the positive electrode active material layer can further contain a binder such as polyvinylidene fluoride (PVDF), carboxylic acid modified polyvinylidene fluoride (PVDF), polymethyl methacrylate (PMMA), polyacrylonitrile (PAN), polyacrylates, and polyimide (PI) (para [n0048]) or a dispersant such as sodium carboxymethyl cellulose (para [n0047]) where the listed examples are insulating polymers inherently possessing a resistivity greater than or equal to 1 Ω*cm.
However, in the alternative, where it’s not clear that Xie discloses a second material wherein a resistivity of the second material is greater than or equal to 1 Ω*cm, Yamatani discloses it’s known to add fillers such as silicon dioxide, alumina, titanium dioxide, calcium oxide, strontium oxide, barium oxide, magnesium oxide which inherently possess a resistivity greater than 1 Ω*cm as necessary such as to the positive active material layer in batteries (Yamatani, paras [0052], [0077]).
Yamatani and Xie are combinable as they are both concerned with the field of batteries.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the positive electrode piece of Xie in view of Yamatani such that the positive electrode active material layer further contains a second material possessing a resistivity greater than 1 Ω*cm as in Yamatani (paras [0052], [0077]) as Yamatani teaches it’s routine to add such fillers to positive active material layer in batteries and thus such a modification would have amounted to the use of a known material additive for its intended use in a known environment to accomplish an entirely expected result.
Regarding claim 17 modified Xie discloses the positive electrode piece according to claim 10, wherein the positive electrode active material comprises at least one of lithium cobaltate, lithium iron phosphate, lithium nickelate, lithium manganate, lithium titanate, lithium vanadate, lithium manganese phosphate, lithium manganese iron phosphate, lithium vanadium phosphate, lithium oxyvanadium phosphate, lithium-rich manganese material, nickel-cobalt-manganese ternary material, nickel-cobalt-aluminum ternary material, nickel-cobalt-manganese-aluminum material, nickel-manganese binary material and sodium-containing lithium cobaltate (Xie, [n0048] see: active material in the active material layer 03 can include lithium cobalt oxide (LiCoO2), lithium nickel oxide (LiNiO2), lithium manganese oxide (LiMn2O4), lithium iron phosphate (LiFePO4), or LiNixCoyMnzO2, x+y+z＝1); and/or
Yamatani discloses the second material is selected from at least one of: aluminum oxide, barium sulfate, silicon dioxide, silicon monoxide, zirconium oxide, magnesium oxide, vanadium oxide, titanium oxide, boehmite, which are carbon-coated or non-carbon-coated; carbon-coated or non-carbon-coated lithium iron manganese phosphate; and carbon-coated or non-carbon-coated lithium titanate (Yamatani, see para [0077]).
Claims 19-20 are rejected under 35 U.S.C. 103 as being unpatentable over Xie et al (CN 114156450A, reference made to attached English machine translation) as applied to claims 1-9, 14-16 and 18 above, and further in view of Zhang et al (US 2021/0351392).
Regarding claim 19 Xie discloses the lithium-ion battery according to claim 18, wherein the lithium-ion battery further comprises a negative electrode piece (para [n0053] see: the battery cell includes a negative electrode), but Xie does not explicitly disclose the negative electrode piece comprises a negative electrode current collector, and a first negative electrode active layer and a second negative electrode active layer which are located on at least one surface of the negative electrode current collector, wherein the first negative electrode active layer is located between the second negative electrode active layer and the negative electrode current collector.
Zhang discloses a negative electrode piece comprising a negative electrode current collector (Abstract, Fig. 1 see: negative electrode current collector), and a first negative electrode active layer (Fig. 1, see second negative electrode active material layer 2) and a second negative electrode active layer (Fig. 1 see: first negative electrode active material layer 1) which are located on at least one surface of the negative electrode current collector (Abstract, Fig. 1), wherein the first negative electrode active layer (Fig. 1, see second negative electrode active material layer 2) is located between the second negative electrode active layer (Fig. 1 see: first negative electrode active material layer 1) and the negative electrode current collector (Fig. 1). Zhang discloses this structure of the negative electrode sheet can resolve the problem of the lithium deposition of the single-sided coating area of the negative electrode of the winding structural battery cell under a high rate charging scheme in the long circulation process without reducing the energy density (Zhang, [0003]-[0005]).
Zhang and Xie are combinable as they are both concerned with the field of batteries.
It would have been obvious to one having ordinary skill in the art at the time of the invention to modify the battery of Xie in view of Zhang such that the negative electrode piece of Xie comprises a negative electrode current collector as in Zhang (Abstract, Fig. 1 see: negative electrode current collector), and a first negative electrode active layer as in Zhang (Fig. 1, see second negative electrode active material layer 2) and a second negative electrode active layer as in Zhang (Fig. 1 see: first negative electrode active material layer 1) which are located on at least one surface of the negative electrode current collector as in Zhang (Abstract, Fig. 1), wherein the first negative electrode active layer (Fig. 1, see second negative electrode active material layer 2) is located between the second negative electrode active layer (Fig. 1 see: first negative electrode active material layer 1) and the negative electrode current collector as in Zhang (Fig. 1) as Zhang discloses this structure of the negative electrode sheet can resolve the problem of the lithium deposition of the single-sided coating area of the negative electrode of the winding structural battery cell under a high rate charging scheme in the long circulation process without reducing the energy density (Zhang, [0003]-[0005]).
Regarding claim 20 modified Xie discloses the lithium-ion battery according to claim 19, and Zhang further discloses wherein a particle diameter of a negative electrode active material in the first negative electrode active layer is larger than a particle diameter of a negative electrode active material in the second negative electrode active layer (Zhang, [0047] see: particle size distribution of the second negative electrode active material of 5 μm<D10<8 μm is larger than the particle size distribution of the first negative electrode active material of 3 μm<D10<4 μm).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure:
Li et al (CN 115411225A, see English machine translation) in the Abstract and Fig. 1 discloses a positive current collector 1 with a safety coating 2 and active substance positive electrode 3 where the safety coating 2 contains an insulating inorganic filler and a conductive agent and has a resistance value of 0.2 to 4 Ω.
Tan et al (CN 115472770A, see English machine translation) in the Abstract and Fig. 1 discloses a positive electrode 1 with a safe coating 2 and positive electrode active coating layer 3 where the safe coating 2 contains an insulating inorganic filler and a conductive agent and has a resistance value of 0.1 to 3 Ω.
Yang et al (CN 114122320A, reference made to US 2024/0145685A1 as equivalent English machine translation) in Fig. 1 and the abstract discloses an electrode sheet with a current collector (5) coated with a functional coating (1, 2) having a first functional filler and conductive agent, and coated with an active material layer (3)
Zhang’280 (US 2019/0140280) in Fig. 1 and the abstract discloses an electrode plate of a current collector (10) coated with a safety coating (12) including a conductive material and inorganic filler, and further coated with an electrode active material layer (14).
Guo et al (CN 115036453A see English machine translation) in the abstract and Fig. 1 discloses a positive electrode pole piece comprising a current collector, a safety coating and positive electrode active material layer.
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ANDREW J. GOLDEN
Primary Examiner
Art Unit 1726
/ANDREW J GOLDEN/Primary Examiner, Art Unit 1726
