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
Receipt is acknowledged of certified copies of papers required by 37 CFR 1.55.
Claim Rejections - 35 USC § 102
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.
Claims 1, 3-9, and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Tanaka (US 2014/0147746 A1, cited by Applicant in IDS filed on July 01, 2024), with Vitos et al. (Surface Science 1998, provided and cited by Applicant in IDS filed on July 01, 2024, and hereinafter “Vitos”) and Applicant’s specification as evidence.
Regarding claim 1, Tanaka discloses a current collector ([0021], [0045], and Fig. 3, current collector 3) comprising: a resin layer ([0034] and Fig. 3, isolation resin layer 3a); a conductive layer ([0022] and Fig. 3, first electrically conductive layer 3A); a first intermediate layer that is positioned between the resin layer and the conductive layer ([0045]-[0047] and Fig. 3, metal elution-preventing layer 3c); and a second intermediate layer that is positioned between the first intermediate layer and the resin layer ([0041]-[0043] and Fig. 3, metal layer 3b), wherein the first intermediate layer includes a metal as a main component ([0046]-[0047], metal material for metal elution-preventing layer 3c that includes Cr, Ni, Co, Fe, Pd, Pt, or an alloy thereof), and the second intermediate layer includes a metal oxide as a main component ([0042]-[0043], metal material in metal layer 3b that includes an oxide of Al, Cu, Fe, Cr, Ni, Ti, V, Mo, Nb, Au, Ag, or Pt).
Regarding claim 3, Tanaka discloses the limitations of claim 1. Tanaka further discloses wherein a thickness D1 of the first intermediate layer satisfies 1 nm ≤ D1 ≤ 120 nm ([0052], thickness of metal elution-preventing layer 3c is more preferably in the range of 0.01 μm to 0.1 μm).
Regarding claim 4, Tanaka discloses the limitations of claim 1. Tanaka further discloses wherein the conductive layer includes a metal as a main component ([0027], electrically conductive filler of first electrically conductive layer 3A may contain at least one metal selected from Ni, Al, Cu, Pt, Fe, Cr, Zn, In, Sb, and K), and a surface energy of the metal in the first intermediate layer is larger than a surface energy of the metal in the conductive layer (see Vitos Tables 1-7 and Applicant’s [0038], Table 1, surface energy values of metals).
Regarding claim 5, Tanaka discloses the limitations of claim 1. Tanaka further discloses wherein the first intermediate layer includes at least one metal selected from the group consisting of Ni, Cr, Co ([0046], metal material used for metal elution-preventing layer 3c can be chromium, nickel, cobalt, or an alloy thereof).
Regarding claim 6, Tanaka discloses the limitations of claim 1. Tanaka further discloses wherein the second intermediate layer includes an oxide of at least one metal selected from the group consisting of Ni, Cr, Ti, Nb ([0042], metal material used in metal layer 3b can be an oxide of chromium, nickel, titanium, or niobium).
Regarding claim 7, Tanaka discloses the limitations of claim 1. Tanaka further discloses wherein the first intermediate layer and the second intermediate layer include the same metal ([0042] and [0046], metal elution-preventing layer 3c and metal layer 3b can both have chromium or nickel).
Regarding claim 8, Tanaka discloses the limitations of claim 1. Tanaka further discloses wherein the second intermediate layer further includes a metal carbide ([0042], metal material in metal layer 3b can include a carbide of Al, Cu, Fe, Cr, Ni, Ti, V, Mo, Nb, Au, Ag, or Pt).
Regarding claim 9, Tanaka discloses the limitations of claim 1. Tanaka further discloses wherein the conductive layer includes one metal selected from the group consisting of Al, Cu, Ni and a Ni-Cu alloy ([0027], first electrically conductive layer 3A may contain Al, Ni, Cu, or an alloy thereof).
Regarding claim 13, Tanaka discloses the limitations of claim 1. Tanaka further discloses wherein the resin layer includes at least any one of polyethylene terephthalate, polypropylene, polyamide, polyethylene, polystyrene, a phenolic resin and an epoxy resin ([0034]-[0035], isolation resin layer 3a comprises PE, PP, PA-6, PA-66, PET, GPPS, HIPS, phenol resin, or epoxy resin).
Regarding claim 14, Tanaka discloses the limitations of claim 1. Tanaka further discloses an electrode for an electric storage device ([0018] and Fig. 3, bipolar electrode 1), comprising: the current collector according to claim 1 ([0018] and Fig. 3, current collector 3); and an active material layer that is positioned on the conductive layer of the current collector ([0018] and Fig. 3, positive electrode active material layer 5).
Regarding claim 15, Tanaka discloses the limitations of claim 14. Tanaka further discloses a lithium-ion secondary battery comprising ([0074] and Fig. 4, bipolar secondary battery 10): a positive electrode ([0075] ad Fig. 4, bipolar electrodes 23); a negative electrode ([0075] and Fig. 4, bipolar electrodes 23); a separator that is disposed between the negative electrode and the positive electrode ([0075] and [0084], separators); and a non-aqueous electrolyte including a lithium ion ([0081]-[0082], organic electrolyte with lithium salts), wherein at least one of the positive electrode or the negative electrode is the electrode for an electric storage device according to Claim 14 ([0075], bipolar electrodes 23 are the bipolar electrode 1 of Fig. 3).
Claims 1, 4-7, 9-10, and 13-15 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Liang et al. (US 2019/0173090 A1, cited by Applicant in IDS filed on July 01, 2024, and hereinafter “Liang”), with Vitos (Surface Science 1998) and Applicant’s specification as evidence.
Regarding claim 1, Liang discloses a current collector ([0054], [0061], and Figs. 6 and 12, positive current collector 10 and negative current collector 20) comprising: a resin layer ([0054], [0061], and Figs. 6 and 12, insulation layers 101 and 201); a conductive layer ([0054], [0061], and Figs. 6 and 12, upper protective layers 103 and 203), a first intermediate layer that is positioned between the resin layer and the conductive layer ([0054], [0061], and Figs. 6 and 12, conductive layers 102 and 202); and a second intermediate layer that is positioned between the first intermediate layer and the resin layer ([0054], [0061], and Figs. 6 and 12, lower protective layers 103 and 203), wherein the first intermediate layer includes a metal as a main component ([0084], conductive layer comprising metal conductive material that may be selected from at least one of Al, Cu, Ni, Ti, Ag, Ni-based alloy, Al-based alloy, and Cu-based alloy), and the second intermediate layer includes a metal oxide as a main component ([0095], lower protective layer is a metal oxide protective layer).
Regarding claim 4, Liang discloses the limitations of claim 1. Liang further discloses wherein the conductive layer includes a metal as a main component ([0088] and [0090], upper protective layer is a metal protective layer that comprises at least one of Ni, Cr, Ni-based alloy, and Cu-based alloy), and a surface energy of the metal in the first intermediate layer is larger than a surface energy of the metal in the conductive layer (see Vitos Tables 1-7 and Applicant’s [0038], Table 1, surface energy values of metals).
Regarding claim 5, Liang discloses the limitations of claim 1. Liang further discloses wherein the first intermediate layer includes at least one metal selected from the group consisting of Ni and Ti ([0084], conductive layer is at least one of Ni, Ti, or Ni-based alloy).
Regarding claim 6, Liang discloses the limitations of claim 1. Liang further discloses wherein the second intermediate layer includes an oxide of at least one metal selected from the group consisting of Ni, Cr, and Co ([0088], metal oxide is at least one of cobalt oxide, chromium oxide, and nickel oxide).
Regarding claim 7, Liang discloses the limitations of claim 1. Liang further discloses wherein the first intermediate layer and the second intermediate layer include the same metal ([0084] and [0088], conductive layer and lower protective layer may both include Ni).
Regarding claim 9, Liang discloses the limitations of claim 1. Liang further discloses wherein the conductive layer includes one metal selected from the group consisting of Cu, Ni and a Ni-Cu alloy ([0088], metal is at least one of Ni, Ni-based alloy, and Cu-based alloy).
Regarding claim 10, Liang discloses the limitations of claim 1. Liang further discloses wherein an orientation index of a (111) plane of the conductive layer by a Lotgering method in a direction perpendicular to the resin layer is 0.3 or more.
Applicant discloses that in a case where the conductive layer 20 includes Cu as a main component, when the surface energy of the first intermediate layer 31 is 1.5 J/m2 or higher, the conductive layer 20 exhibits a (111) plate orientation index of approximately 9.7 or more (instant specification [0037]-[0038]). Applicant further discloses that the conductive layer 20 comprises a seed layer 21 that is formed on first intermediate layer 31 by a sputtering method or a vacuum vapor deposition method (instant specification [0027]), which results in a seed layer (111) orientation due to the action of the first intermediate layer 31 (instant specification [0028]).
As set forth above, Liang discloses a first intermediate layer that includes at least one metal selected from the group consisting of Ni and Ti ([0084], conductive layer), and a conductive layer that includes Cu as a main component ([0088], protective layer comprising Cu-based alloy). Liang further discloses that the protective layer can be formed on the conductive layer by means of vacuum vapor deposition or sputtering ([0098]). Applicant further discloses that Ni and Ti have surface energies of 2.5 and 2.1 J/m2, respectively (instant specification, [0038], Table 1).
It is the examiner’s position that the claimed orientation index would inherently result from the preparation of Liang’s current collector, which results from what appears to be the same process of manufacturing a current collector having the claimed orientation index as disclosed by Applicant (see MPEP § 2112). The protective layer of Liang would have a (111) plane orientation index of 0.7 or more due to the action of the conductive layer of Liang. Therefore, the additional limitation of claim 10 is met by the disclosure of Liang.
Regarding claim 13, Liang discloses the limitations of claim 1. Liang further discloses wherein the resin layer includes at least any one of polyethylene terephthalate, polypropylene, polyamide, polyimide, polyethylene, polystyrene, a phenolic resin and an epoxy resin ([0073], insulation layers 101 and 201 contain a material selected from a group consisting of PA, PET, PI, PE, PP, PS, epoxy resin, or phenol resins).
Regarding claim 14, Liang discloses the limitations of claim 1. Liang further discloses an electrode for an electric storage device ([0100]-[0101] and Figs. 13-16, positive electrode plate 1 and negative electrode plate 2), comprising: the current collector according to claim 1 ([0100]-[0101] and Figs. 13-16, including positive current collector 10 and negative current collector 20); and an active material layer that is positioned on the conductive layer of the current collector ([0100]-[0101] and Figs. 13-16, positive active material layer 11 and negative active material layer 21).
Regarding claim 15, Liang discloses the limitations of claim 1. Liang further discloses a lithium-ion secondary battery ([0103]-[0104], lithium-ion secondary battery) comprising: a positive electrode ([0103]-[0104], positive electrode plate); a negative electrode ([0103]-[0104], negative electrode plate); a separator that is disposed between the negative electrode and the positive electrode ([0103]-[0104], separator); and a non-aqueous electrolyte including a lithium ion ([0132], electrolyte with LiPF6), wherein at least one of the positive electrode or the negative electrode is the electrode for an electric storage device according to Claim 14 ([0103]-[0104]).
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 nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 2 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka (US 2014/0147746 A1).
Regarding claim 2, Tanaka discloses the limitations of claim 1. Tanaka further discloses wherein a thickness D2 of the second intermediate layer is preferably 0.001 μm to 1 μm ([0052], thickness of metal layer 3b). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP § 2144.05(I)).
Regarding claim 12, Tanaka discloses the limitations of claim 3. Tanaka further discloses wherein a thickness D2 of the second intermediate layer is more preferably 0.01 μm ≤ D2 ≤ 0.1 μm, and the thickness D1 of the first intermediate layer and the thickness D2 of the second intermediate layer satisfy D1/D2 ≤ 10 ([0052], D1 and D2 are each more preferably from 0.01 μm to 0.1 μm, so D1/D2 can be from 0.1 to 10). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP § 2144.05(I)).
Tanaka further discloses a metal-elution preventing layer with a thickness of 50 nm and a metal layer with a thickness of 20 nm, such that D1/D2 = 2.5 ([0100], Example 3). It would have been obvious to one of ordinary skill in the art before the effective filing date of the invention to have provided these thicknesses and resulting ratio for any composition of the metal-elution preventing layer and metal layer of Tanaka, such as a metal layer 3b including a metal oxide ([0042]-[0043]).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Liang (US 2019/0173090 A1).
Regarding claim 11, Liang discloses the limitations of claim 1. Liang further discloses wherein a thickness D3 of the conductive layer satisfies 1 nm ≤ D3 ≤ 1 μm ([0092], thickness of metal protective later). In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. See In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976) (see MPEP § 2144.05(I)).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Jackie Liang whose telephone number is (571)-272-0880. The examiner can normally be reached M to F 8:45AM to 4:45PM.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jeffrey T. Barton can be reached at (571)-272-1307. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/J.L./Examiner, Art Unit 1726
/JEFFREY T BARTON/Supervisory Patent Examiner, Art Unit 1726 7 August 2026
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