www.uspto.gov
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and TrademarkOffice
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`16/659,770
`
`10/22/2019
`
`Takahiro Takahashi
`
`P191114US00
`
`2790
`
`WHDA, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`CHUO, TONY SHENG HSIANG
`
`1729
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`09/12/2022
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`Thetime period for reply, if any, is set in the attached communication.
`
`Notice of the Office communication was sent electronically on above-indicated "Notification Date" to the
`following e-mail address(es):
`
`patentmail @ whda.com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`Office Action Summary
`
`Application No.
`16/659,770
`Examiner
`TONY S$ CHUO
`
`Applicant(s)
`Takahashi etal.
`Art Unit
`AIA (FITF) Status
`1729
`Yes
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available underthe provisions of 37 CFR 1.136(a). In no event, however, may a reply betimely filed after SIX (6) MONTHSfrom the mailing
`date of this communication.
`If NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHSfrom the mailing date of this communication.
`-
`- Failure to reply within the set or extended period for reply will, by statute, cause the application to become ABANDONED (35 U.S.C. § 133).
`Any reply received by the Office later than three months after the mailing date of this communication, evenif timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`
`
`1) Responsive to communication(s) filed on 7/15/22.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)() This action is FINAL. 2b)¥)This action is non-final.
`3)02 An election was madeby the applicant in responseto a restriction requirement set forth during the interview
`on
`; the restriction requirement and election have been incorporated into this action.
`4)\0) Since this application is in condition for allowance except for formal matters, prosecution as to the merits is
`closed in accordance with the practice under Exparte Quayle, 1935 C.D. 11, 453 O.G. 213.
`
`Disposition of Claims*
`1-4 and 6-13 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`Cj} Claim(s)
`is/are allowed.
`Claim(s) 1-4 and 6-13 is/are rejected.
`S)
`) © Claim(s)___is/are objected to.
`Cj) Claim(s
`are subjectto restriction and/or election requirement
`)
`S)
`* If any claims have been determined allowable, you maybeeligible to benefit from the Patent Prosecution Highway program at a
`participating intellectual property office for the corresponding application. For more information, please see
`http://Awww.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)(] The specification is objected to by the Examiner.
`11) The drawing(s) filed on 10/22/19 is/are: a)¥) accepted or b)( objected to by the Examiner.
`Applicant may not request that any objection to the drawing(s) be held in abeyance. See 37 CFR 1.85(a).
`Replacement drawing sheet(s) including the correction is required if the drawing(s) is objected to. See 37 CFR 1.121 (d).
`
`Priority under 35 U.S.C. § 119
`12) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d) or (f).
`Certified copies:
`_—_c)L) None ofthe:
`b)L) Some**
`a)¥) All
`1.4) Certified copies of the priority documents have been received.
`2.2 Certified copies of the priority documents have been received in Application No.
`3.4.) Copies of the certified copies of the priority documents have been receivedin this National Stage
`application from the International Bureau (PCT Rule 17.2(a)).
`* See the attached detailed Office action for a list of the certified copies not received.
`
`Attachment(s)
`
`1)
`
`Notice of References Cited (PTO-892)
`
`Information Disclosure Statement(s) (PTO/SB/08a and/or PTO/SB/08b)
`2)
`Paper No(s)/Mail Date 5/5/22.
`U.S. Patent and Trademark Office
`
`3)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) (J Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20220831
`
`

`

`Application/Control Number: 16/659,770
`Art Unit: 1729
`
`Page 2
`
`DETAILED ACTION
`
`Continued Examination Under 37 CFR 1.114
`
`A requestfor continued examination under 37 CFR 1.114, including the fee set
`
`forth in 37 CFR 1.17(e), wasfiled 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 6/13/22
`
`has been entered.
`
`Response to Amendment
`
`Claims 1-4 and 6-13 are currently pending. Claim 5 is cancelled. New claim 13
`
`has been added. The amended claim 1 does overcome the previously stated 102 and
`
`103 rejections. However, upon further consideration, claims 1-4 and 6-13 are rejected
`
`under the following new 103 rejections.
`
`Information Disclosure Statement
`
`The information disclosure statement (IDS) submitted on 5/5/22 wasfiled after
`
`the mailing date of the Final Rejection on 4/15/22. The submission is in compliance
`
`with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statementis
`
`being considered by the examiner.
`
`

`

`Application/Control Number: 16/659,770
`Art Unit: 1729
`
`Page 3
`
`Claim Rejections - 35 USC § 103
`
`The following is a quotation of 35 U.S.C. 103 which forms the basis for all
`
`obviousnessrejections 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.
`
`Claims 1, 3, 6, 11, and 13 are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Kato et al (US 2016/0042878) in view of Voelker et al (US
`
`2011/0081575).
`
`Regarding claims 1, 3, 6, 11, and 13, Kato et al disclosesa lithium ion secondary
`
`battery comprising: a positive electrode; a negative electrode; and an electrolyte,
`
`wherein the positive electrode comprises: a current collector “100” (positive electrode
`
`current collector); an active material layer “115” (positive electrode mixture layer)
`
`including positive electrode active material particles; and a resin layer “105”
`
`(intermediate layer / cured product) provided between the current collector and the
`
`active material layer, wherein the resin layer comprises a polyolefin-based emulsion
`
`particles modified with a carboxylic acid (cured productof a curable resin having a
`
`carboxyl group) and a conductive material (conductive agent) such as carbon powders;
`
`wherein the conductive material is 5 to 50 parts by mass ([0037],[0042],[0044],[0067]-
`
`[0070],[0079)).
`
`However, Kato et al does not expressly teach a cured product of a curable resin
`
`having a reactive functional group being at least any one of a glycidyl group, a hydroxy
`
`group, a carboxyl group, an amino group, an acryloyl group, and a methacryloyl group;
`
`

`

`Application/Control Number: 16/659,770
`Art Unit: 1729
`
`Page 4
`
`wherein particles of the curable resin are cross-linked to each other through the reactive
`
`functional group; wherein a curing degree of the cured productof the curable resin is
`
`30%or more and 90%or less (claim 1); wherein the reactive functional group is at least
`
`any one of a glycidyl group, a hydroxy group, an amino group, an acryloyl group, anda
`
`methacryloyl group (claim 13).
`
`Voelker et al discloses a crosslinked polymeric layer (intermediate layer) adhered
`
`to a surface of a current collector; wherein the crosslinked polymeric layer includes a
`
`crosslinked matrix formed of a rubber polymer, wherein the crosslinked matrix is formed
`
`via actinic radiation or electron beam curing; wherein the rubber polymer can be
`
`functionalized to include reactive groups; wherein an example of the rubber polymer is a
`
`carboxylated methacrylated isoprene having a carboxyl group and a methacryloyl group
`
`(reactive functional groups) ([0022],[0036],[0040],[0041)).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the
`
`time the invention was made to modify the Kato resin layer to include a functionalized
`
`rubber polymer such as carboxylated methacrylated isoprene having a carboxyl group
`
`and a methacryloyl group that are crosslinked to each other and cured in order to utilize
`
`polymeric materials that demonstrate good adhesion to current collectors while
`
`providing the necessary resistance to harsh operating conditions of batteries ([0038]).
`
`In addition, it would have been obvious to one of ordinary skill in the art at the time the
`
`invention was made to modify the Kato/Voelker resin layer to include a curing degree of
`
`the cured productof the curable resin that is 30% or more and 90%or less becauseit
`
`has been held that the discovery of an optimum value of a result effective variable in a
`
`knownprocessis ordinarily within the skill of the art. /n re Boesch, 205 USPQ 215
`
`

`

`Application/Control Number: 16/659,770
`Art Unit: 1729
`
`Page 5
`
`(CCPA 1980). Where the general conditions of a claim are disclosedin the prior art,it
`
`is not inventive to discover the optimum or workable ranges by routine experimentation.
`
`In re Aller, 220 F.2d 454. 456, 105 USPQ 233, 235 (CCPA 1955)). Although the
`
`specification of the present application states “A cured product having a curing degree
`
`of 90%or less tends to be more softened by heat during internal short circuit as
`
`compared with a cured product having a curing degree of more than 90%” ([0035)),
`
`there is no experimental data to show evidence of unexpected results of the claimed
`
`range of 30% to 90%. Therefore, the Office contends that there is no evidence of
`
`criticality of the claimed curing degree of the cured product andit is within the level of
`
`skill of one of ordinary skill in the art to optimize the degree of curing of the curable resin
`
`for superior shut down function at high temperature conditions (Kato / Abstract).
`
`Claims 1, 3, 4, 6-11, and 13 are rejected under 35 U.S.C. 103 as being
`
`unpatentable over Turi et al (US 5478676) in view of Voelker et al (US 2011/0081575).
`
`Regarding claims 1, 3, 6, 10, 11, and 13, Turi et al discloses a lithium battery
`
`(secondary battery) comprising: a cathode (positive electrode); an anode (negative
`
`electrode); and an electrolyte, wherein the cathode comprises: a support “17” (positive
`
`electrode current collector); a cathode electrode layer (positive electrode mixture layer)
`
`including lithium manganese oxide (positive electrode active material particles); and a
`
`primer layer “18” (intermediate layer / cured product) provided between the support and
`
`the cathode electrode layer, and wherein the primer layer comprises a cured productof
`
`ethylene acrylic acid (curable resin) having a carboxyl group; and a conductivefiller
`
`(conductive agent); wherein a curing degree of the cured product of the curable resin is
`
`

`

`Application/Control Number: 16/659,770
`Art Unit: 1729
`
`Page 6
`
`construed as being 100%; wherein the primer layer comprises 5 to 70%by weight of
`
`conductivefiller; wherein the primer layer further comprises polyvinylidene fluoride
`
`(fluorine resin) and a massratio of curable resin to the fluorine resin that is 1:1.95;
`
`wherein examples of the conductivefiller include carbon black (carbon particles) (col. 3,
`
`lines 3-7 and lines 54-58, col. 4, lines 31-34, Examples 1 and 12-14).
`
`However, Turi et al does not expressly teach a cured product of a curable resin
`
`having a reactive functional group being at least any one of a glycidyl group, a hydroxy
`
`group, a carboxyl group, an amino group, an acryloyl group, and a methacryloyl group;
`
`wherein particles of the curable resin are cross-linked to each other through the reactive
`
`functional group; wherein a curing degree of the cured product of the curable resin is
`
`30%or more and 90%or less (claim 1); wherein the reactive functional group is at least
`
`any one of a glycidyl group, a hydroxy group, an amino group, an acryloyl group, anda
`
`methacryloyl group (claim 13).
`
`Voelker et al discloses a crosslinked polymeric layer (intermediate layer) adhered
`
`to a surface of a current collector; wherein the crosslinked polymeric layer includes a
`
`crosslinked matrix formed of a rubber polymer, wherein the crosslinked matrix is formed
`
`via actinic radiation or electron beam curing; wherein the rubber polymer can be
`
`functionalized to include reactive groups; wherein an example of rubber polymer is a
`
`carboxylated methacrylated isoprene having a carboxyl group and a methacryloyl group
`
`(reactive functional groups) ([0022],[0036],[0040],[0041]).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the
`
`time the invention was made to modify the Turi primer layer to include a functionalized
`
`rubber polymer such as carboxylated methacrylated isoprene a carboxyl group and a
`
`

`

`Application/Control Number: 16/659,770
`Art Unit: 1729
`
`Page 7
`
`methacryloyl group (reactive functional groups) that are crosslinked to each other and
`
`cured in order to utilize polymeric materials that demonstrate good adhesion to current
`
`collectors while providing the necessary resistance to harsh operating conditions of
`
`batteries ([0038]).
`
`In addition, it would have been obvious to one of ordinary skill in the
`
`art at the time the invention was made to modify the Kato/Voelker resin layer to include
`
`a curing degree of the cured product of the curable resin that is 30% or more and 90%
`
`or less because it has been held that the discovery of an optimum value of a result
`
`effective variable in a Known processis ordinarily within the skill of the art. In re Boesch,
`
`205 USPQ 215 (CCPA 1980). Where the general conditions of a claim are disclosedin
`
`the prior art, it is not inventive to discover the optimum or workable ranges by routine
`
`experimentation. /n re Aller, 220 F.2d 454. 456, 105 USPQ 233, 235 (CCPA 1955)).
`
`Although the specification of the present application states “A cured product having a
`
`curing degree of 90%or less tends to be more softened by heat during internal short
`
`circuit as compared with a cured product having a curing degree of more than 90%”
`
`([0035]), there is no experimental data to show evidence of unexpected results of the
`
`claimed range of 30%to 90%. Therefore, the Office contends that there is no evidence
`
`of criticality of the claimed curing degree of the cured productandit is within the level of
`
`skill of one of ordinary skill in the art to optimize the degree of curing of the cured
`
`product for superior shut down function at high temperature conditions (Kato / Abstract).
`
`Regarding claim 4, Turi et al discloses a thickness of the primer layer
`
`(intermediate layer) that is 0.5 to 100 um (col. 4, lines 44-45).
`
`However, Turi does not expressly teach a thicknessof the intermediate layer that
`
`is 0.1 um or more and 10 um or less.
`
`

`

`Application/Control Number: 16/659,770
`Art Unit: 1729
`
`Page 8
`
`However, it would have been obvious to one ofordinary skill in the art at the time
`
`the invention was made to modify the Turi primer layer to include a thicknessthatis 0.1
`
`um or more and 10 um or less becausein a case wherethe claimed ranges overlap or
`
`lie inside ranges disclosed bythe prior art a prima facie case of obviousnessexists.
`
`(/n
`
`re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d
`
`1575, 16 USPQ 2d 1934 (Fed. Cir. 1990)). There is no evidenceofcriticality of the
`
`claimed thicknessof the intermediate layer.
`
`Regarding claims 7-9, Turi discloses a primer layer that further comprises a non-
`
`conductivefiller such assilica or titanium dioxide (insulating inorganic material) (col. 4,
`
`lines 40-43).
`
`However, Turi does not expressly teach a content of the insulating inorganic
`
`material is 1 mass%or more and 100 mass%or less in the cured product (claim 7);
`
`a sum content of the conductive agent and the insulating inorganic material that is 25
`
`mass%or more and 100 mass%or less in the cured product (claim 8); a massratio of
`
`the insulating inorganic material to the conductive agent that is in the range of 1:0.05 to
`
`1:70 (claim 9).
`
`However, it would have been obvious to one of ordinary skill in the art at the time
`
`the invention was made to modify the Turi primer layer to include a content of the
`
`insulating inorganic material is 1 mass% or more and 100 mass%or less in the cured
`
`product; a sum content of the conductive agent and the insulating inorganic material
`
`that is 25 mass% or more and 100 mass%or less in the cured product; or a massratio
`
`of the insulating inorganic material to the conductive agent thatis in the range of 1:0.05
`
`to 1:70 because it has been held that the discovery of an optimum value of a result
`
`

`

`Application/Control Number: 16/659,770
`Art Unit: 1729
`
`Page 9
`
`effective variable in a Known processis ordinarily within the skill of the art. In re Boesch,
`
`205 USPQ 215 (CCPA 1980). The content of the insulating inorganic material is a
`
`results effect variable of optimizing the mechanical strength, surface roughnessor
`
`conductivity of the primer layer (col. 4, lines 40-43). Where the general conditions of a
`
`claim are disclosedin the prior art, it is not inventive to discover the optimum or
`
`workable ranges byroutine experimentation. /n re Aller, 220 F.2d 454. 456, 105 USPQ
`
`233, 235 (CCPA 1955)). There is no evidenceofcriticality of the claimed content of the
`
`insulating inorganic material.
`
`Claims 2 and 12 are rejected under 35 U.S.C. 103 as being unpatentable over
`
`Turi et al in view of Voelker et al as applied to claim 1 above, and further in view of
`
`Yamafuku et al (US 2016/0285074).
`
`Regarding claim 2, Turi et al as modified by Voelker et al does not expressly
`
`teach at least some of the positive electrode active material particles having at least a
`
`part that extends into the intermediate layer.
`
`Yamafuku et al discloses active material particles of an active material layer that
`
`enter (extends into) the intermediate layer (Abstract).
`
`Therefore, it would have been obvious to one of ordinary skill in the art at the
`
`time the invention was made to modify the Turi/Voelker cathode to include at least some
`
`of the positive electrode active material particles having at least a part that extends into
`
`the intermediate layer in order to inhibit internal resistance from being increased by
`
`charge-discharge cycles ([0006)]).
`
`

`

`Application/Control Number: 16/659,770
`Art Unit: 1729
`
`Page 10
`
`Regarding claim 12, Turi et al as modified by Voelker et al does not expressly
`
`teach a positive electrode active material particles that includes lithium nickel composite
`
`oxide particles.
`
`Yamafuku et al discloses a positive electrode active material thatis a lithium-
`
`metal composite oxide such as LixNiyMnzCo1-y-zO2 ([0042]).
`
`Therefore, the invention as a whole would have been obvious to one of ordinary
`
`skill in the art at the time the invention was made because the disclosure of Yamafuku
`
`indicates that LixNiyMnzCo1-y-zO2 is a suitable material for use as a positive electrode
`
`active material. The selection of a known material based on its suitability for its
`
`intended use has generally been held to be prima facie obvious (MPEP §2144.07). As
`
`such, it would be obvious to use LixNiyMnzCo1-y-zO2.
`
`Responseto Arguments
`
`Applicant’s arguments with respect to claim(s) 1-4 and 6-13 have been
`
`considered but are moot because the new groundof rejection does not rely on any
`
`reference applied in the prior rejection of record for any teaching or matter specifically
`
`challenged in the argument.
`
`Conclusion
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to TONY S CHUO whosetelephone number is (571)272-
`
`0717. The examiner can normally be reached Monday- Friday, 9:00am - 5:30pm.
`
`

`

`Application/Control Number: 16/659,770
`Art Unit: 1729
`
`Page 11
`
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`
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`
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`
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`
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`
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`
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`
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`
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`
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`
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`
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`
`/T.S.C/
`Examiner, Art Unit 1729
`
`/ULA C RUDDOCK/
`Supervisory Patent Examiner, Art Unit 1729
`
`