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 .
Claim Status
This Office action is responsive to amendments and remarks filed on .
Claims 1 and 5 have been amended.
Claims 1-13 are currently pending.
Response to Arguments
Applicant’s arguments, see top of page 6 of 7, filed 12/29/2025, with respect to the drawings have been fully considered and are persuasive. The objection of the drawings has been withdrawn.
Applicant’s arguments with respect to claim(s) 1-2, 5-7 and 11-13 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by JP2016048652 (A), HIROYA et al. provided in the IDS dated 7/10/2025.
Regarding claim 1. [0009] An electrode plate which the reference calls a negative electrode current collector and a negative electrode mixture layer formed on the negative electrode current collector,
[0009] comprising a current collector,
[0010-0011] a bottom coating which the reference calls a first layer, and
[0010] an active layer, wherein
[0009] the bottom coating is positioned between the current collector and the active layer; and
[0009] the bottom coating (a first layer) comprises
[0032] a conductive agent which the reference calls a conductive material, and
[0032] the active layer comprises
active materials and
[0010] a first liquid absorption material which the reference calls a binder, wherein
[0027] a mass percentage of the first liquid absorption material, called a second binder is preferably 5% by mass or more and 80% by mass or less which over laps the claimed range in the active layer being 0.5%-30%;
HIROYA [0042] discloses in electrode paste number 1, a mass percentage of 30%. This example is disclosed with sufficient specificity to anticipate the instantly claimed range.
[0026] the liquid absorption rate of the first liquid absorption/swelling degree material is ≥ 120%.
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.
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 1-2, 5-7, and 11-13 are rejected under 35 U.S.C. 103 as being unpatentable over JP2018101624 (A) YUSUKE et al. provided in the IDS dated 7/10/2025.
Regarding claim 1. YUSUKE [0011] discloses an electrode plate, which the reference calls an electrode,
comprising a current collector [0011],
a bottom coating [0011] that the reference calls a pressure relaxation layer, and
an active layer [0011], wherein
the bottom coating is positioned between the current collector and the active layer [0011]; and
the bottom coating comprises
a conductive agent [0011] which the reference calls a conductive carbon filler, and
[0011] the active layer which the reference calls the electrode active material layer comprises
[0011] active materials and
[0029] a first liquid absorption material which the reference calls the electrode coating layer, [0049] “the electrode coating layer that may cover a part or the whole of the surface of the electrode active material. The electrode covering layer contains a polymer compound” wherein
a liquid absorption rate of the first liquid absorption material, called the polymer compound is ≥ 110%. YUSUKE [0053] discloses 20% to 400% and more preferably 30% to 300% for this polymer compound, which falls within the instantly claimed range.
YUSUKE [0053] discloses a mass percentage of the first liquid absorption material in the active layer, called a liquid absorption rate. This liquid absorption rate is calculated as “Liquid absorption rate (%) = [(weight of polymer compound after immersion in electrolyte solution - weight of polymer compound before immersion in electrolyte solution) / weight of polymer compound before immersion in electrolyte solution] × 100” YUSUKE [0054] further discloses “When the liquid absorption rate is 10% or more, lithium ions can easily permeate the polymer compound, and therefore the ionic resistance in the electrode active material layer can be kept low” this range overlapping and obvious to the instantly claimed range of 0.5%-30%;
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); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
It would have been obvious for one of ordinary skill in the art before the effective filing date to have used a liquid absorption material that is ≥ 110% as the claimed range as well as a mass percentage or the liquid absorption rate as referred to in YUSUKE being over 10% overlapping the instantly claimed range of 0.5%-30%.
Regarding claim 2. YUSUKE discloses the electrode plate according to claim 1, wherein the conductive agent features: a resistivity of the conductive agent being ≤ 60 mΩ/cm, in the instant case [0017] 50 µΩ·m (
60
m
Ω
c
m
=
6
Ω
∙
m
) and (
50
µ
Ω
∙
m
=
50
x
10
-
6
Ω
∙
m
) which is smaller;
This falls within the instantly claimed range. .
Regarding claim 5. YUSUKE discloses the electrode plate according to claim 1.
YUSUKE [0063] discloses the first liquid absorption material contains a (meth)acryloyl group, satisfying the limitation y-methacryloxypropyltrimethoxysilane of the claim.
Regarding claims 6 and 7. YUSUKE discloses the electrode plate according to claim 1.
YUSUKE does not explicitly disclose that in the active layer, in a direction away from the bottom coating, the dispersion density of the first liquid absorption material gradually decreases or with 1/2 of the active layer's thickness as a boundary, the dispersion density of the first liquid absorption material on a side proximal to the bottom coating is higher than the dispersion density of the first liquid absorption material on a side distal to the bottom coating.
YUSUKE does not explicitly disclose the properties as claimed in the instant application, however because of the bottom coating is under the active material layer it would be reasonable to conclude that the dispersion density of the first liquid absorption material gradually decreases in the direction away from the bottom coating in YUSUKE would also be the same.
Regarding claim 11. YUSUKE [0001] discloses a battery, comprising the electrode plate according to claim 1.
Regarding claim 12. YUSUKE [0001] discloses the battery according to claim 11, wherein an [0051] electrolyte of the battery partially infiltrates into the active layer of the electrode plate.
Regarding claim 13. YUSUKE [0002] discloses an electric device such as an electric vehicle, comprising the battery according to claim 11.
Claims 3-4, and 8-10 are rejected under 35 U.S.C. 103 as being unpatentable over JP2018101624 (A), YUSUKE et al. as applied to claim 1 above, and further in view of JP2016048652 (A), HIROYA et al. also provided in the IDS dated 7/10/2025.
Regarding claim 3. YUSUKE discloses the electrode plate according to claim 1.
YUSUKE does not disclose wherein the bottom coating further comprises
a second liquid absorption material, wherein
a liquid absorption rate of the second liquid absorption material is ≥ the liquid absorption rate of the first liquid absorption material.
HIROYA [title] discloses A Nonaqueous Electrolyte Secondary Battery where
HIROYA [0009] discloses the bottom coating further comprises
[0009] a second liquid absorption material which the reference calls a first binder, wherein
a liquid absorption rate of the second liquid absorption material (first binder) is ≥ the liquid absorption rate of the first liquid absorption material (second binder).
HIROYA [0011-0012] further discloses “a two-layer structure is adopted in which a first layer containing a first binder having a high degree of swelling is used as a lower layer and a second layer containing a second binder having a low degree of swelling is used as an upper layer. In this configuration, the reactivity of the negative electrode active material in the first layer (lower layer) is improved due to the ionic conductivity of the first binder. Furthermore, since a second layer (upper layer) containing a second binder with a low degree of swelling is formed on the first layer, the pores in the surface layer are less likely to be blocked, and ion diffusion when electricity is applied is also ensured. As a result, the input characteristics are significantly improved due to the combination of ion conductivity and ion diffusibility.”
It would have been obvious for one of ordinary skill in the art before the effective filing date to have used a two-layer liquid absorption material structure disclosed by HIROYA in the electrode disclosed by YUSUKE in order to improve the input characteristics significantly due to the combination of ion conductivity and ion diffusibility gained in the two-layer liquid absorption material structure.
Regarding claim 4. YUSUKE modified by HIROYA discloses the electrode plate according to claim 3.
wherein HIROYA [0027] discloses the second liquid absorption material is acrylic resin which is disclosed in the instant application as poly(n-octyl acrylate).
HIROYA [0027] also discloses that for the second binder, a binder with a low degree of swelling is selected.
It would have been obvious for one of ordinary skill in the art before the effective filing date to have used the acrylic resin disclosed by HIROYA in the electrode disclosed by YUSUKE in order to keep the second binder from swelling excessively.
Regarding claim 8. YUSUKE discloses in the annotated figure 2 depicted below, the electrode plate according to claim 1, wherein
the active layer (30) comprises an active sublayer (20)
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302
504
media_image1.png
Greyscale
YUSUKE does not disclose a plurality of stacked active sublayers, wherein
each active sublayer comprises the active materials and
the first liquid absorption material,
the first liquid absorption material in each active sublayer is uniformly distributed, and
in a direction away from the bottom coating,
the mass percentage of the first liquid absorption material in adjacent active sublayers gradually decreases.
HIROYA discloses in the annotated figure 6 depicted below the active layer (22) comprises a plurality of stacked active sublayers (22a, 22b), wherein
each active sublayer (22a, 22b) comprises the active materials (3) and
the first liquid absorption material (1),
the first liquid absorption material in each active sublayer is uniformly distributed, and
in a direction away from the bottom coating (22a), the mass percentage of the first liquid absorption material in adjacent active sublayers gradually decreases
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media_image2.png
257
412
media_image2.png
Greyscale
Although not depicted here it is the position of the office that whenever you have a surface interface there will be a natural diffusion of matter across the interface.
HIROYA [0011-0012] discloses “a two-layer structure is adopted in which a first layer containing a first binder having a high degree of swelling is used as a lower layer and a second layer containing a second binder having a low degree of swelling is used as an upper layer. In this configuration, the reactivity of the negative electrode active material in the first layer (lower layer) is improved due to the ionic conductivity of the first binder. Furthermore, since a second layer (upper layer) containing a second binder with a low degree of swelling is formed on the first layer, the pores in the surface layer are less likely to be blocked, and ion diffusion when electricity is applied is also ensured. As a result, the input characteristics are significantly improved due to the combination of ion conductivity and ion diffusibility.”
It would have been obvious for one of ordinary skill in the art before the effective filing date to have used the stacked active sublayers disclosed by HIROYA in the electrode plate disclosed by YUSUKE in order to improve the input characteristics significantly due to the combination of ion conductivity and ion diffusibility gained in the two-layer liquid absorption material structure.
Regarding claim 9. YUSUKE modified by HIROYA discloses the electrode plate according to claim 8, wherein the active sublayer comprises at least two layers (22a, 22b), and in the direction away from the bottom coating (22b), mass percentages of the first liquid absorption material (1) in the two active sublayers HIROYA [0030] are 1%- 10% which overlaps the instantly claimed range of 1 % - 5%, as well as the limitation ≤ 4.5% mass.
It would have been obvious for one of ordinary skill in the art before the effective filing date to have performed reasonable experimentation to arrive at the instantly claimed range from the data disclosed by YUSUKE modified by HIROYA.
Regarding claim 10. YUSUKE modified by HIROYA discloses the electrode plate according to claim 8.
YUSUKE modified by HIROYA does not disclose the active sublayer comprises at least 3 layers.
YUSUKE modified by HIROYA discloses two layers as shown in the rejection of claim 8 above
The mere duplication of parts, without any new or unexpected results, is within the ambit of one of ordinary skill in the art. See In re Harza, 124 USPQ 378 (CCPA 1960) (see MPEP § 2144.04).
YUSUKE modified by HIROYA does not disclose that in the direction away from the bottom coating, mass percentages of the first liquid absorption material in the 3 active sublayers are 1%-5%, 0.5%-4.5%, and ≤ 4%, respectively.
HIROYA [0011-0012] discloses that “a first layer containing a first binder having a high degree of swelling is used as a lower layer and a second layer containing a second binder having a low degree of swelling is used as an upper layer. In this configuration, the reactivity of the negative electrode active material in the first layer (lower layer) is improved due to the ionic conductivity of the first binder. Furthermore, since a second layer (upper layer) containing a second binder with a low degree of swelling is formed on the first layer, the pores in the surface layer are less likely to be blocked, and ion diffusion when electricity is applied is also ensured. As a result, the input characteristics are significantly improved due to the combination of ion conductivity and ion diffusibility”.
It would have been obvious to one of ordinary skill in the art to have a mixture that would swell more towards the current collector in order to prevent blockage of the pores and increase the input characteristics of the electrode cell. Furthermore, it would have been within the purview of this person of ordinary skill in the art to have performed routine experimentation in order to have arrived at the instantly claimed range.
Conclusion
The prior art made of record and not relied upon is considered pertinent to applicant's disclosure. US 20060105245 A1, IKUTA et al.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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 LAWRENCE LA RAIA III whose telephone number is (703)756-5441. The examiner can normally be reached Mon-Thur 6:00am-4:00pm.
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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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LAWRENCE LA RAIA III
Examiner
Art Unit 1727
/L.L./Examiner, Art Unit 1727
/Maria Laios/Primary Examiner, Art Unit 1727