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 .
DETAILED ACTION
This Office Action is in response to the communication filed on 6/16/26. Claims 1-8 and 11-14 are pending. The RCE filing of 6/16/26 was not accompanied by claim amendments and/or Applicant did not present any additional arguments. The RCE filing was accompanied only by an IDS filed with the RCE. An additional IDS was filed on 7/8/26. This Action is FINAL.
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/16/26 has been entered.
All claims are identical to or patentably indistinct from, or have unity of invention with claims in the application prior to the entry of the submission under 37 CFR 1.114 (that is, restriction (including a lack of unity of invention) would not be proper) and all claims could have been finally rejected on the grounds and art of record in the next Office action if they had been entered in the application prior to entry under 37 CFR 1.114. Accordingly, THIS ACTION IS MADE FINAL even though it is a first action after the filing of a request for continued examination and the submission under 37 CFR 1.114. See MPEP § 706.07(b). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on 6/16/26 and 7/8/26 have been considered by the examiner.
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.
Claim(s) 1-8 and 11-14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Kato, US 2021/0159505 A1 in view of Tanaka, US 2018/0301684 A1.
Kato teaches a nonaqueous secondary battery comprising a positive electrode. The positive electrode 30 shown in Figure 4 depicts a current collector 32, a positive electrode active material layer 34 and an insulating layer 36a. The positive electrode active material layer 35 includes a flat region A1, a curved end portion A2 and an end portion E. The current collector 32 includes an uncoated portion 32A. The insulating layer 36a covers at least a portion of the uncoated portion 32A and extends over only a portion A2 of the positive active material layer 34. The current collector 32 may be aluminum, an aluminum alloy, nickel, titanium, and stainless steel [0026].
The insulating layer comprises an inorganic filler and a binder and has an electrical insulation property. Such an insulating layer is typically formed by binding the inorganic filler to each other and to the positive electrode current collector, with the binder. The insulating layer may be a porous layer that enables the charge carriers to pass [0030]. The insulating layer is prepared by dispersing the material forming the insulating layer in an appropriate dispersion medium (such as water or NMP) and adjusting the viscosity and the like [0048-0056]. NMP represents N-methyl-pyrrolidone and is a nonaqueous organic solvent. The materials of the insulating layer may be boehmite (aluminum oxide hydroxide) as the inorganic filler (F), PVdF as the binder (B) mixed in a mass ratio of F:B=90:10 [0071]. As the binder contained in the insulating layer, for example, various binders that can be used in the positive electrode active material layer can be preferably used. Among the binders, a vinyl halide resin such as polyfluoride vinylidene (PVdF) can be preferably used as the binder, from the viewpoint that the insulating layer having an appropriate thickness is preferably formed while the binder imparts flexibility to the insulating layer [0038]. The insulating layer binder may be acrylic resin such as a methacrylic acid ester polymer, vinyl halide resin such as polyvinylidene fluoride (PVdF), and polyalkylene oxide such as polyethylene oxide (PEO) [0027]. Inorganic filler materials are listed at [0037]. The binder proportion contained in the insulating layer is discussed at [0038].
An average particle diameter of the inorganic filler is not particularly limited. From the viewpoint of preferably forming the insulating layer 36 having the thickness, the average particle diameter is typically 3 μm or smaller, preferably 2 μm or smaller, and for example, 1 μm or smaller. However, a too fine inorganic filler is inferior in handleability or uniform dispersibility, and thus not preferable. Therefore, the average particle diameter of the inorganic filler is typically 0.05 μm or larger, preferably 0.1 μm or larger, for example 0.2 μm or larger. The average particle diameter is the cumulative 50% particle diameter in volume-based particle size distribution obtained by a laser diffraction scattering method, indicating the particles do not all have the same particle diameter [0040].
A thickness of the insulating layer is preferably 3 μm or larger, and more preferably 4 μm or larger. The thickness of the insulating layer may be typically 20 mm or smaller, for example, 18 mm or smaller, 15 mm or smaller, or 10 mm or smaller, or may be 8 mm or smaller [0039]. The thickness of the insulating layer is significantly thicker than the thickness of the active material layer [0073]. When the thickness of the insulating layer is sufficiently thicker than the thickness of the active material layer, it is unlikely that a short circuit will occur in the region where the insulating layer was formed. It is considered that a minute short circuit in the overcharged state is preferably suppressed [0082].
Kato does not explicitly teach the binder of the insulating layer may be styrene-butadiene rubber (SBR). However, Tanaka teaches an insulating layer formed from a slurry composition including inorganic particles, a binder, and a solvent [0047]. The solvent may be an organic solvent such as NMP. The binder may be PVdF, PTFE or an aqueous binder such as SBR or PVA. The inorganic particles may be silica, alumina, boehmite, titania, zirconia, magnesia, yttria, zinc oxide or aluminum hydroxide [0048-0049].
Therefore, the invention as a whole would have been obvious to one having ordinary skill in the art at the time the invention was made because Tanaka teaches it was known in the art to bind inorganic particles of an insulating layer with a binder such as SBR. Tanaka teaches the binder of the insulating layer may be PVdF, PTFE or an aqueous binder such as SBR or PVA. Kato teaches the binder of the insulating layer may be a vinyl halide resin such as polyfluoride vinylidene (PVdF), an acrylic resin such as a methacrylic acid ester polymer, vinyl halide resin such as polyvinylidene fluoride (PVdF), or a polyalkylene oxide such as polyethylene oxide (PEO). Both Tanaka and Kato teach insulating layers comprising the same inorganic particles and a NMP dispersion medium. Thus, one of skill would have been motivated to use the SBR insulating layer binder of Tanaka for the insulating binder of Kato.
Tanaka further teaches the inorganic particles may be different in their average particle sizes (D50). In this case, the average particle size (D50) of the largest inorganic particles is preferably not less than 1 μm and not more than 20 μm, and the average particle size (D50) of the smallest inorganic particles is preferably not less than 0.01 μm and less than 1 μm [0051].
Tanaka further teaches the insulating layer can be formed by applying a slurry for forming an insulating layer including inorganic particles, a binder, and a solvent and drying it [0047]. Kato teaches preparing the insulating paste for forming the insulating layer, coating the paste and drying the paste (such as by heating) [0049-0061]. Drying/heating removes the dispersion medium (such as water or NMP, preferably water) [0027; 0041].
*
Claim(s) 1-8 and 11-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tanaka, US 2018/0301684 A1.
Tanaka teaches an insulating layer formed from a slurry composition including inorganic particles, a binder, and a solvent [0047]. The solvent may be an organic solvent such as NMP. The binder may be PVdF, PTFE or an aqueous binder such as SBR or PVA. The inorganic particles may be silica, alumina, boehmite, titania, zirconia, magnesia, yttria, zinc oxide or aluminum hydroxide [0048-0049]. The average particle size (D50) of the inorganic particles is preferably not more than 20 μm, more preferably not more than 10 μm, and still more preferably not more than 5 μm. Also, the average particle size (D50) of the inorganic particles is preferably not less than 0.01 μm, more preferably not less than 0.1 μm, and still more preferably not less than 0.5 μm [0050].
The content of the inorganic particles in the insulating layer is not specifically limited, and can be appropriately set. The content of the inorganic particles is preferably not more than 99.9 wt. %, more preferably not more than 99 wt. %, and still more preferably not more than 98 wt. %, and still more preferably not more than 95 wt. % with respect to the total amount of the inorganic particles and the binder. Also, the content of the inorganic particles is preferably not less than 50 wt. %, more preferably not less than 80 wt. %, and still more preferably not less than 90 wt. % with respect to the total amount of the inorganic particles and the binder [0054].
Figure 4 of Tanaka teaches the insulating layer extends from a portion of a non-coating part and extends over only a portion of the active material layer of the electrode as the side of the electrode active material layer is not covered by the insulating layer. Tanaka clearly teaches a nonaqueous battery.
Tanaka teaches the average particle size (D50) of the inorganic particles is preferably not more than 20 μm, more preferably not more than 10 μm, and still more preferably not more than 5 μm. Also, the average particle size (D50) of the inorganic particles is preferably not less than 0.01 μm, more preferably not less than 0.1 μm, and still more preferably not less than 0.5 μm [0050]. Tanaka teaches the inorganic particles may be independently used, or may be used by combining not less than two of them [0049]. Tanaka teaches, alternatively, a plurality of inorganic particles different in their average particle sizes (D50) may be included in the insulating layer. In this case, the average particle size (D50) of the largest inorganic particles is preferably not less than 1 μm and not more than 20 μm, and the average particle size (D50) of the smallest inorganic particles is preferably not less than 0.01 μm and less than 1 μm [0051].
Tanaka further teaches the insulating layer can be formed by applying a slurry for forming an insulating layer including inorganic particles, a binder, and a solvent and drying it [0047]. Tanaka clearly teaches a nonaqueous battery.
Response to Arguments
Applicant's RCE filing of 6/16/26 was not accompanied by claim amendments and/or Applicant did not present any additional arguments. The RCE filing was accompanied only by an IDS filed with the RCE. An additional IDS was filed on 7/8/26.
The Examiner’s response to the arguments presented on 8/20/25 against the prior art rejections is reproduced below for convenience.
Applicant argues “a person of ordinary skill in the art would have no reasonable expectation of success in using a aqueous binder (such as styrene-butadiene rubber) in a non-aqueous solvent (such as N-methyl-2-pyrrolidone (NMP))”. Examiner disagrees and submits that Tanaka clearly teaches this combination. Tanaka teaches an insulating layer formed from a slurry composition including inorganic particles, a binder, and a solvent [0047]. The solvent may be an organic solvent such as NMP. The binder may be PVdF, PTFE or an aqueous binder such as SBR or PVA. Thus, Tanaka clearly teaches the slurry composition includes a non-aqueous solvent (such as N-methyl-2-pyrrolidone (NMP)) and an aqueous binder (such as styrene-butadiene rubber). It is unclear how Applicant concludes “the use of an aqueous binder in a composition that is substantially free of water goes directly against the express teaching of Tanaka”.
The present specification states an “insulating coating layer” refers to an insulating member formed by application from at least a portion of the non-coating part of an electrode current collector to at least a portion of an electrode active material layer and drying (page 7, lines 14-16). See also the examples of the present specification. Therefore, Applicant’s arguments regarding the “drying” taught by the prior art are not found persuasive. Applicant’s argument that a dried insulating coating layer does not comprise “an aqueous binder dispersed in a non-aqueous organic solvent” appears to contradict other arguments made by Applicant as the present specification defines the “insulating coating layer” as being subjected to “drying”.
Previous Arguments are repeated below:
Applicant argues a person skilled in the art would not modify the insulating binder of Kato to use the styrene-butadiene rubber of Tanaka. Examiner disagrees. The invention as a whole would have been obvious to one having ordinary skill in the art at the time the invention was made because Tanaka teaches it was known in the art to bind inorganic particles of an insulating layer with a binder such as SBR. Tanaka teaches the binder of the insulating layer may be PVdF, PTFE or an aqueous binder such as SBR or PVA. Kato teaches the binder of the insulating layer may be a vinyl halide resin such as polyfluoride vinylidene (PVdF), an acrylic resin such as a methacrylic acid ester polymer, vinyl halide resin such as polyvinylidene fluoride (PVdF), or a polyalkylene oxide such as polyethylene oxide (PEO). Both Tanaka and Kato teach insulating layers comprising the same inorganic particles and a NMP dispersion medium. Thus, one of skill would have been motivated to use the SBR insulating layer binder of Tanaka for the insulating binder of Kato. Applicant’s arguments regarding the teaching of water by Tanaka are not commensurate in scope with at least claim 1.
Examiner notes Figure 4 of Tanaka at least suggests the insulating layer extends from a portion of a non-coating part and extends over only a portion of the active material layer of the electrode as the side of the electrode active material layer is not covered by the insulating layer. Examiner notes Figure 1 of the present specification does not appear to be taught or suggested by Tanaka. However, the claims have been given the broadest reasonable interpretation and are not limited to the embodiment of the invention shown in Figure 1.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure.
Junichi (JP2009-054455A) teaches a porous protection film formed on at least one surface of the positive electrode and negative electrode. The porous protection film contains a binding agent, fine particles and surfactant (abstract).
Tomokazu et al. (JP2014-032758A) teaches an electrode comprising an electrode composition layer and an insulation layer. The insulation layer includes nonconductive particles and a binder (abstract).
Mitsunori (JP2014-165096A) teaches a battery comprising a heat-resistant layer wherein in a step for obtaining the binder composition, the aqueous medium and the unreacted monomer are removed (abstract).
Hyo et al. (KR2023-0093957A) teaches an electrode comprising an insulating coating wherein at least a portion of the coating is in contact with an inclined surface of an electrode composition layer formed on a current collector (abstract).
THIS ACTION IS MADE FINAL. Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TRACY DOVE whose telephone number is (571)272-1285. The examiner can normally be reached M-F 9:00-3:00.
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/TRACY M DOVE/ Primary Examiner, Art Unit 1725
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