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 .
Status of the Claims
The preliminary amendment submitted 07/31/2024 has been entered and fully considered. Claims 1-15 are cancelled. Claims 16-35 are new and examined herein.
Claim Objections
Claim 34 is objected to because of the following informalities: the claim recites “The electric device of claim 33, selected from the group consisting of…” It is believed the Markush group is limiting the electric device. In this case, the claim should recite “The electric device of claim 33, wherein said electric device is selected from the group consisting of…” Appropriate correction is required.
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 17, 20, 26, 31-32, and 35 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.
Regarding claim 17, it is unclear what “isolating elements and extended elements” is intended to encompass. This renders the scope of the claim unclear. The limitation will be treated broadly for the purpose of this Office action.
Regarding claim 20, it is unclear “said seamless repeating pattern is characterized by uniformity of at least 15 %” is intended to encompass. The specification does not provide direction for how uniformity represents or how it is measured. The limitation will be treated broadly for the purpose of this Office action.
Regarding claims 26, 32, and 35, each of the claims recites a perforated metallic member and said metallic member is characterized by a seamless repeating pattern of non-piercing textural elements. However, it is unclear how both limitations can be met. A seamless repeating pattern of non-piercing textural elements seems to preclude the presence of perforations. The limitation will be treated broadly for the purpose of this Office action.
Regarding claim 31, the claim depends from claim 30 which recites “A battery comprising at least one electrode according to claim 16.” The instant claim recites “The battery of claim 30, comprising at least one electrode comprising nickel manganese cobalt oxide or LiFePO4, wherein said metallic member comprises aluminum, and at least one electrode comprising graphite, wherein said metallic member comprises copper.” The scope of the instant claim is unclear because it is not clear which metallic member is associated with which electrode or if there are in fact two metallic members. For the purpose of this Office action, the aluminum-containing member will be interpreted as the cathode and the copper-containing member will be interpreted as the anode. It is suggested that applicant amend the claim to separately recite each electrode.
Claim Rejections - 35 USC § 102
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 16-22, 24-27, 30, and 35 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by US 2005/0164088 A1 (“Chida”).
Regarding claims 16, 24, and 30, Chida discloses a battery comprising an electrode, the electrode comprising an electrode sheet material (“current collector”), the electrode sheet material comprising a metallic member ([0027]-[0034], [0042]). The metallic member has convex-concave sections or embossed sections (“seamless repeating pattern of non-piercing textural elements”) (Figs. 2, 4, 5; [0049]-[0052]). In an example, the metallic member has a thickness of 35 µm with a Ni plating of 2.5 µm ([0059]). See also the discussion in [0041] and [0045]. The functional porosity is at least 10% (Fig. 4; [0059], Table 2).
The “functional porosity” is interpreted in view of the specification as filed at pg. 20/line 16 to pg. 21/line 12. In one example of Chida, the functional porosity is calculated as follows:
f
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c
t
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o
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a
l
p
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o
s
i
t
y
=
1
-
V
m
V
b
=
1
-
0.4312
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0.035
+
0.0025
×
2
0.035
+
0.0025
×
2
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0.2
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2
=
0.99
99
%
Regarding claim 17, Chida discloses the electrode of claim 16. As discussed above, the metallic member has convex-concave sections (Fig. 2; [0046], [0049]). This is interpreted to read on the claimed “isolated elements and extended elements” in view of the 112(b) rejection above.
Regarding claim 18, Chida discloses the electrode of claim 16. In one example, the embossed depth of the embossed section is 0.20 mm (200 µm) (Table 1).
Regarding claim 19, Chida discloses the electrode of claim 16. Fig. 4 shows a hexagonal arrangement of punched holes and embossings, where the punched holes and embossings have the same diameter ([0058]-[0062]). It can be calculated the minimum distance between embossings in this configuration is approximately 0.48 mm (480 µm).
Regarding claim 20, Chida discloses the electrode of claim 16. In view of the 112(b) rejection above, the seamless repeating pattern of Chida appears to meet the claimed uniformity range as each of the convex-concave sections or embossed sections is formed in the same manner and to the same depth ([0049]).
Regarding claim 21, Chida discloses the electrode of claim 16. Chida further discloses the metallic member comprises copper, steel, and or nickel ([0042]-[0043]).
Regarding claim 22, Chida discloses the electrode of claim 16. In an example, a sheet having a thickness of 35 µm is plated with Ni at 2.5 µm, giving a total thickness of 40 µm ([0059]).
Regarding claim 25, Chida discloses the electrode of claim 16. It is deemed that the tensile strength is an inherent characteristic and/or property of the specifically disclosed metallic member. In this respect, MPEP 2112 sets forth the following:
Where the claimed and prior art products are identical or substantially identical in structure or composition, or are produced by identical or substantially identical processes, a prima facie case of either anticipation or obviousness has been established. In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433 (CCPA 1977).
“When the PTO shows a sound basis for believing that the products of the applicant and the prior art are the same, the applicant has the burden of showing that they are not.” In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990).
“Products of identical chemical composition cannot have mutually exclusive properties.” In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. Id.
Regarding claim 26, Chida discloses the electrode of claim 16. Chida discloses the metallic member is a punched sheet (is perforated) (Fig. 4; [0027]-[0029]).
Regarding claim 27, Chida discloses the electrode of claim 16. Chida discloses the metallic member includes projections provided on both surfaces (Fig. 4; [0029]). This corresponds to the claimed bulges and depressions. As shown in the configuration in Fig. 4, the embossing (bulges and depressions) is aligned in tilted lines (relative to the vertical and horizontal directions). It is noted that the claim does not recite a reference to which the lines are tilted.
Regarding claim 35, Chida discloses an electrode comprising an electrode sheet material (“current collector”), the electrode sheet material comprising a metallic member ([0027]-[0034], [0042]). The metallic member has convex-concave sections or embossed sections (“seamless repeating pattern of non-piercing textural elements”) (Figs. 2, 4, 5; [0049]-[0052]). The metallic member is punched (Fig. 4; [0027]-[0035], [0041]). In an example, the metallic member has a thickness of 35 µm with a Ni plating of 2.5 µm ([0059]). See also the discussion in [0041] and [0045]. The functional porosity is at least 10% (Fig. 4; [0059], Table 2).
The “functional porosity” is interpreted in view of the specification as filed at pg. 20/line 16 to pg. 21/line 12. In one example of Chida, the functional porosity is calculated as follows:
f
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n
c
t
i
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a
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p
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s
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t
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=
1
-
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m
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1
-
0.4312
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0.035
+
0.0025
×
2
0.035
+
0.0025
×
2
+
0.2
×
2
=
0.99
99
%
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.
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 23, 28, and 33-34 are rejected under 35 U.S.C. 103 as being unpatentable over US 2005/0164088 A1 (“Chida”).
Regarding claim 23, Chida discloses the electrode of claim 16. The minimal bounding box (MBB) is interpreted in view of applicant’s specification at Fig. 2 and pg. 20/lines 15-21. The ratio of a thickness of a minimal bounding box of the metallic member and the local thickness in Chiba overlaps the claimed range.
A sheet having a thickness of 0.035 to 0.1 mm is plated on both sides with a thickness of 1.5 to 5 µm ([0041], [0045]). The embossing depth (h) is 0.2 to 0.52 mm (Figs. 4, 5; Table 1). This results in a ratio of approximately 4.6 to 28. The ratio of a thickness of a minimal bounding box of the metallic member and the local thickness would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention because the ratio disclosed by Chida overlaps the ratio as claimed. 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, 191 USPQ 90 (CCPA 1976). Furthermore, “[t]he normal desire of scientists or artisans to improve upon what is already generally known provides the motivation to determine where in a disclosed set of percentage ranges is the optimum combination of percentages.” In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379, 1382-83 (Fed. Cir. 2003). See also In re Geisler, 116 F.3d 1465, 1469-71, 43 USPQ2d 1362, 1365-66 (Fed. Cir. 1997); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990); and MPEP 2144.05.
Regarding claim 28, Chida discloses the electrode of claim 16. Chida further discloses the metallic member comprises copper ([0042]) and the convex-concave sections are in the form of round depressions and/or round bulges (Fig. 5). As discussed above, in an example the metallic member has a thickness of 35 µm with a Ni plating of 2.5 µm ([0059]) and the functional porosity is approximately 99%. Fig. 4 shows a hexagonal arrangement of punched holes and embossings, where the punched holes and embossings have the same diameter ([0058]-[0062]). It can be calculated the minimum distance between embossings in this configuration is approximately 0.48 mm (480 µm). While Chida is silent regarding the diameter of each of the round depression and/or round bulge having a diameter of less than 500 µm, Chida discloses there is no limit on the shape, number, and size of the projections ([0047]). For this reason, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to select an appropriate diameter, such as the claimed diameter. Moreover, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to optimize the diameter through routine experimentation in view of Chida’s disclosure that the projections are provided to increase the surface area, which increases the contact area between the substrate and an active material to further improve electrical conductivity ([0055]).
Regarding claims 33-34, Chida discloses the battery of claim 30. While Chida does not expressly disclose an electric device comprising the battery, Chida discloses it is known to use batteries in small-sized electronic equipment such as mobile phones ([0002]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use the battery in small-sized electronic equipment such as mobile phones because Chida discloses this use is known in the art and one would expect the combination to yield predictable results in view of Chida.
Claim 29 is rejected under 35 U.S.C. 103 as being unpatentable over US 2005/0164088 A1 (“Chida”) in view of US 2001/0008723 A1 (“Kawakami”).
Regarding claim 29, Chida discloses the electrode of claim 16. Chida further discloses the metallic member comprises copper or steel or another suitable metal ([0042]) and the convex-concave sections are in the form of round depressions and/or round bulges (Fig. 5). As discussed above, in an example the metallic member has a thickness of 35 µm with a Ni plating of 2.5 µm ([0059]) and the functional porosity is approximately 99%. Fig. 4 shows a hexagonal arrangement of punched holes and embossings, where the punched holes and embossings have the same diameter ([0058]-[0062]). It can be calculated the minimum distance between embossings in this configuration is approximately 0.48 mm (480 µm). While Chida is silent regarding the diameter of each of the round depression and/or round bulge having a diameter of less than 500 µm, Chida discloses there is no limit on the shape, number, and size of the projections ([0047]). For this reason, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to select an appropriate diameter, such as the claimed diameter. Moreover, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to optimize the diameter through routine experimentation in view of Chida’s disclosure that the projections are provided to increase the surface area, which increases the contact area between the substrate and an active material to further improve electrical conductivity ([0055]).
As discussed above, Chida discloses the metallic member comprises copper or steel or another suitable metal ([0042]). However, Chida does not expressly disclose the metallic member comprises aluminum.
Kawakami discloses a battery (Abstract) and discloses the material of the cathode current collector can include copper, aluminum, or alloys or composites of these ([0178]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to include aluminum in the metallic member by substitution or an alloy or composite as Kawakami shows copper and aluminum to be equivalent metals known in the art for the same purpose.
Claims 31-32 are rejected under 35 U.S.C. 103 as being unpatentable over US 2005/0164088 A1 (“Chida”) in view of US 2008/0248386 A1 (“Obravac”).
Regarding claim 31, Chida discloses the battery of claim 30. Chida does not expressly disclose at least one electrode comprising nickel manganese cobalt oxide or LiFePO4, wherein said metallic member comprises aluminum, and at least one electrode comprising graphite, wherein said metallic member comprises copper.
Obravac discloses an electrode for an electrochemical cell that includes a current collector, and an active material in electrical contact with the current collector, wherein the electrode has a raised pattern (Abstract; Figs. 1a-1e). The electrode can be at least one of a positive electrode or a negative electrode (claims 5, 8). The positive electrode comprises a positive electrode current collector made of aluminum ([0033]) and a positive electrode active material layer comprising graphite ([0037], [0066]-[0067]). The negative electrode comprises a negative electrode current collector made of copper ([0037]) and a negative electrode active material layer comprising LiFePO4 or mixed metal oxides of cobalt, manganese, and nickel ([0039]). It would have been obvious to a person having ordinary skill in the art before the effective filing date of the claimed invention to use the battery materials of Obravac because the materials are well-known in the art and one would expect predictable results from their use.
Regarding claim 32, Chida discloses the battery of claim 31. Chida discloses the metallic member is a punched sheet (is perforated) (Fig. 4; [0027]-[0029]).
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
EP 0 813 261 A2 discloses a metal sheet to be used as an electrode substrate of a battery comprising a porous metal base sheet (1) or a solid metal base sheet which is deformed upward and downward at predetermined intervals with respect to a reference plane to form a plurality of conic, quadrangular pyramidal or wave-shaped upward and downward projections (2, 3) having a large number of pores positioned on faces thereof (Abstract; Figs. 1, 2).
US 6,444,366 B1 discloses a metal sheet (1) which constitutes a non-sintered type electrode support is processed to have minute irregularities on its surface. The irregularities are formed by a mechanical method such that protrusions (9) and indentations (8) are configured with a center-to-center pitch (P) in the range of from 50 to 300 µm and such that the apparent thickness after processing is at least three times as large as the unprocessed material thickness (Abstract; Figs. 2-6).
JP 2002-270186 A discloses a metallic foil having recessed and projecting parts. When a face on one side of the metallic foil is recessed, a face on the opposite side protrudes, and the recessed and projecting parts are formed by dispersing regularly on a plane of the metallic foil (Figs. 1, 3).
US 2014/0023923 A1 discloses an electrode 800 comprising an arrester 200 (i.e. current collector) having structured elements in the form of protrusions and corresponding recesses on both surfaces of the arrester (Figs. 1-2).
US 2014/0004420 A1 discloses an aluminum base for a current collector having a surface in which at least two structures selected from the group consisting of a large-wave structure having an average opening size of more than 5 µm but up to 100 µm, a medium-wave structure having an average opening size of more than 0.5 µm but up to 5 µm, and a small-wave structure having an average opening size of more than 0.01 µm but up to 0.5 µm are superimposed on one another, wherein a maximum peak-to-valley height Pt of a profile curve of the surface is up to 10 µm (Abstract; Fig. 1).
KR 10-2205725 B1 discloses a carbon material-coated current collector having a raised pattern 160. The current collector is formed by coating a carbon material on a current collector; roll-pressing the current collector to form a pattern on the carbon material-coated current collector using a metal mesh; and removing the metal mesh (Abstract; Fig. 4). The size of the pattern of the metal mesh 140 is 50 µm to 500 µm. The spacing of the pattern of the metal mesh 140 is 50 µm to 300 µm.
KR 10-2022-0059035 A discloses an electrode for a secondary battery. The electrode has a structure in which a dot pattern having a concave-convex structure is formed on a surface in contact with the mixture layer (Abstract; Figs. 3, 4). In Example 1, a copper film having a thickness of 10 µm was used as the base film and the distance (W) between adjacent mountains of the concave-convex structure was 50 µm, and the height (H) from the mountain to the valley of the concavo-convex structure was 110 µm.
Contact Information
Any inquiry concerning this communication or earlier communications from the examiner should be directed to Robert Scott Carrico whose telephone number is (571)270-5504. The examiner can normally be reached Monday-Friday 9:15AM-6PM ET.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached at 571-272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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Robert Scott Carrico
Primary Examiner
Art Unit 1727
/Robert S Carrico/Primary Examiner, Art Unit 1727
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