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
`
`16/659,774
`
`10/22/2019
`
`Yuji Oura
`
`P191115US00
`
`1935
`
`WESTERMAN, HATTORI, DANIELS & ADRIAN, LLP
`8500 LEESBURG PIKE
`SUITE 7500
`TYSONS, VA 22182
`
`TAKEUCHI, YOSHITOSHI
`
`ART UNIT
`1723
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/19/2021
`
`ELECTRONIC
`
`Please find below and/or attached an Office communication concerning this application or proceeding.
`
`The time 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)
`
`

`

`
`
`Disposition of Claims*
`1-4 is/are pending in the application.
`)
`Claim(s)
`5a) Of the above claim(s) ___ is/are withdrawn from consideration.
`C} Claim(s)
`is/are allowed.
`Claim(s) 1-4 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://www.uspto.gov/patents/init_events/pph/index.jsp or send an inquiry to PPHfeedback@uspto.gov.
`
`) )
`
`Application Papers
`10)C The specification is objected to by the Examiner.
`11) The drawing(s) filed on October 22, 2019 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.
`3.2.) 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
`U.S. Patent and Trademark Office
`
`3) (J Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`4)
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20211007
`
`Application No.
`Applicant(s)
`16/659 ,774
`Ouraetal.
`
`Office Action Summary Art Unit|AIA (FITF) StatusExaminer
`YOSHITOSHI TAKEUCHI
`1723
`Yes
`
`
`
`-- The MAILING DATEofthis 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 October 22, 2019.
`C) A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`
`2a)L) 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.
`
`

`

`Application/Control Number: 16/659,774
`Art Unit: 1723
`
`Page 2
`
`DETAILED ACTION
`
`Claims 1-4 are presented for examination.
`
`The present application, filed on or after March 16, 2013, is being examined underthe
`
`1.
`
`2.
`
`first inventor to file provisions of the AJA.
`
`Claim Objections
`
`3.
`
`Claim 3 is objected to because the limitation “an aspect ratio of less than 10” (emphasis
`
`added) in “the first particles are particles having an aspectratio of less than 10” appears to be the
`
`same aspectratio of said first particles provided in claim 2, from which claim 3 depends. See
`
`also instant specification, at e.g. {{[ 0029-32, 55, 63-65, and 74. Appropriate correction is
`
`required.
`
`Claim Rejections - 35 USC § 103
`
`4,
`
`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 for the rejection will not be considered a new groundofrejectionif the priorart
`
`relied upon, and the rationale supporting the rejection, would be the same undereither status.
`
`5.
`
`The following is a quotation of 35 U.S.C. 103 which formsthe basis for all obviousness
`
`rejectionsset 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 andthe 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
`whichthe invention was made.
`
`6.
`
`The factual inquiries for establishing a background for determining obviousness under 35
`
`U.S.C. 103 are summarized as follows:
`
`

`

`Application/Control Number: 16/659,774
`Art Unit: 1723
`
`Page 3
`
`1.
`2.
`3.
`4,
`
`Determining the scope and contents of the priorart.
`Ascertaining the differences betweenthe prior art and the claimsatissue.
`Resolving the level of ordinary skill in the pertinent art.
`Considering objective evidence presentin the application indicating
`obviousness or nonobviousness.
`
`7.
`
`This application currently namesjoint inventors. In considering patentability of the
`
`claims the examiner presumesthat the subject matter of the various claims was commonly
`
`ownedasofthe effective filing date of the claimed invention(s) absent any evidenceto 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 ownedasofthe effective filing date
`
`of the later invention in order for the examinerto 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.
`
`8.
`
`Claims 1 and 4 are rejected under 35 U.S.C. 103 as being unpatentable over Miyazaki et
`
`al (US 2013/0089781) in view of Watari et al (US 2004/0234850).
`
`a.
`
`Regarding independent claim 1, Miyazaki teachesa positive electrode (e.g. item
`
`2) for use in electric storage devices, such as a nonaqueous electrolyte secondary battery
`
`(e.g. F§[ 0021-22 and 56-58), reading on “secondary battery positive electrode,” said
`
`electrode comprising:
`
`(1)
`
`a positive-electrode current collecting plate (e.g. item 5, see e.g. {0060
`
`plus e.g. Figure 1), reading on “a positive electrode current collector;”
`
`(2)
`
`positive electrode active material layer (e.g. item 6) working as an active
`
`material layer for the positive electrode (e.g. Id), reading on “a positive electrode
`
`mixture layer;” and,
`
`(3)
`
`two undercoatlayers (e.g. items 7a and 7a’) each formed on opposite
`
`major faces of said positive-electrode current collecting plate, wherein said positive
`
`

`

`Application/Control Number: 16/659,774
`Art Unit: 1723
`
`Page 4
`
`electrode active material layer is laminated on one of said two undercoatlayers(e.g. Id),
`
`reading on “an intermediate layer provided between the positive electrode current
`
`collector and the positive electrode mixture layer,”
`
`wherein said undercoat layers comprise
`
`(3a)
`
`a plurality of conductive additive particles (e.g. item 72) composed ofat
`
`least one of e.g. carbon black, acetylene black, ketjen black, copper, and aluminum,
`
`preferably used in a content in a range of 5 to 50 % based onall the materials for the
`
`undercoatlayer(e.g. [J0069-70), reading on “the intermediate layer comprises: first
`
`particles formed of a conductive agent” and overlapping the claimed range, reading on
`
`“a volume percentage ofthe first particles in the intermediate layer is 25% or more and
`
`less than 70%,” MPEP § 2144.05(1) and
`
`(3b)
`
`a plurality of insulating inorganic agent particles (e.g. item 73) composed
`
`of at least one of e.g. alumina,silica, zirconia, magnesia, manganese oxide,silicon
`
`nitride, and boron nitride, wherein said insulating inorganic agenthasa larger particle
`
`size than said conductive additive in a preferable aspect, wherein said insulating
`
`inorganic agent is used in a content in a range of 10 to 75 % based onall the materials for
`
`the undercoat layer from the viewpoint of ensuring the insulating property (e.g. {f{[ 0101-
`
`106), reading on “the intermediate layer comprises ... second particles formed of an
`
`insulating inorganic material and having an average particle size larger than that of the
`
`first particles” and overlapping the claimed range, reading on “a volume percentage of
`
`the second particles in the intermediate layer is 30% or more and less than 75%,” MPEP
`
`§ 2144.05()).
`
`

`

`Application/Control Number: 16/659,774
`Art Unit: 1723
`
`Page 5
`
`Miyazaki does not expressly teach the limitation “a density of the intermediate
`
`layer is more than 1 g/cm? and 2.5 g/cm?orless.”
`
`However, Watari teaches a lithium ion secondary battery (Abstract). As illustrated
`
`in Figure 1, Watari teaches that the battery comprises a bonding layer(e.g. item 19)
`
`disposed in between a positive electrode current collector (e.g. item 12) and a positive
`
`electrode mixture layer (e.g. item 13), wherein said bonding layer comprises a conductive
`
`additive material (e.g. {| 0109-110). Watari teaches that controlling the surface density of
`
`the bonding layer allows for a specific balance to be achieved with respect to adhesion
`
`and conductivity characteristics and further teaches controlling the thickness of said
`
`bondinglayer affects the cycle characteristics and energy density (e.g. {{[ 0036 and 57-
`
`59). Specifically, Watari teaches that when the surface density is too high, electrical
`
`conductivity characteristics of the bonding layer are decreased and whenthe surface
`
`density is too low, adhesion characteristics of the bonding layer are decreased; plus, when
`
`the thickness is too thick, the energy density decreases and whenthe thickness is too thin,
`
`lowers cycle characteristics of discharge capacity (e.g. Id).
`
`Asa result, it would have been obvious to a person of ordinary skill in theart,
`
`through routine experimentation with a reasonable expectation of success, to optimize or
`
`otherwise control the density (e.g. to a value within the instantly claimed range) of the
`
`undercoat layer of Miyazaki as a direct means of balancing the adhesion,electrical
`
`conductivity characteristics, and energy density of the undercoatlayer, as taught by
`
`Watari, given that a surface density which is too high would lead to a decrease in terms of
`
`electrical conductivity characteristics, a surface density which is too low would lead to a
`
`decrease in terms of adhesion characteristics, a thickness that is too thick reduces energy
`
`

`

`Application/Control Number: 16/659,774
`Art Unit: 1723
`
`Page 6
`
`density, and a thickness that is too thin lowers cycle characteristics of discharge capacity,
`
`reading on said limitation.
`
`b.
`
`Regarding independent claim 4, Miyazaki and Watari are applied as provided
`
`supra, with the following modifications.
`
`Miyazaki as modified teaches said nonaqueous electrolyte secondary battery
`
`including said positive electrode (e.g. supra), reading on “secondary battery, comprising:
`
`a positive electrode” and “the positive electrode is the secondary battery positive
`
`electrode according to claim 1,” wherein Miyazaki further teaches:
`
`(2)
`
`(3)
`
`a negative electrode (e.g. item 3, e.g. [{] 0057-59 plus e.g. Figure 1); and,
`
`an electrolyte (e.g. JJ 0175-176), reading on “an electrolyte.”
`
`9.
`
`Claims 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Miyazakiet al
`
`(US 2013/0089781) in view of Watari et al (US 2004/0234850), as provided supra, and further
`
`in view of Kato et al (US 2014/0099537).
`
`c.
`
`Regarding claim 2, Miyazaki as modified teaches the electrode of claim 1,
`
`wherein Miyazaki teaches said conductive additive may have an aspectratio of preferably
`
`1 or more and5orless, so as to prevent said conductive additive from penetrating
`
`through said undercoat layer during pressing of the electrode (e.g. {0033-34 and 116-
`
`120), overlapping the claimed range, reading on “the first particles are particles having an
`
`aspect ratio of less than 10,” e.g. MPEP § 21144.05(1).
`
`Further, it would have been obvious to a person of ordinary skill in the art,
`
`through routine experimentation with a reasonable expectation of success, to optimize or
`
`otherwise control the density (e.g. to a value within the instantly claimed range) of the
`
`

`

`Application/Control Number: 16/659,774
`Art Unit: 1723
`
`Page 7
`
`undercoat layer of Miyazaki as a direct means of balancing the adhesion,electrical
`
`conductivity characteristics, and energy density of the undercoat layer, as taught by
`
`Watari, given that a surface density which is too high would lead to a decrease in terms of
`
`electrical conductivity characteristics, a surface density which is too low wouldlead to a
`
`decrease in terms of adhesion characteristics, a thickness that is too thick reduces energy
`
`density, and a thickness that is too thin lowers cycle characteristics of discharge capacity,
`
`reading on the limitation “a density of the intermediate layer is 1.4 g/cm? or more and 2.5
`
`g/cm?orless.”
`
`Miyazaki as modified does not expressly teach the limitation “the secondparticles
`
`are particles having an aspect ratio of 10 or more and 50 orless.”
`
`However, Kato teaches a current collector with a conductive film in a battery,
`
`wherein said conductive film with low electric resistance per unit area in the thickness
`
`direction in contact with a positive electrode active material layer (e.g. {{ 0001, 11, and
`
`49-51). Said conductive film contains conductive particles (e.g. items 1) and insulating
`
`plate-like inorganic particles, such as alumina, which improveinterlayer adhesion,
`
`wherein said plate-like inorganic particles preferably have an aspect ratio of 7 or more,
`
`whichresult in said plate-like particles orienting in the conductive film so as to not
`
`increase the resistance value in the thickness direction (e.g. J§[ 0139-140).
`
`As a result, it would have been obvious to substitute the alumina insulating
`
`inorganic agent particles of Miyazaki with the alumina insulating plate-like inorganic
`
`particles of Kato, with aspect ratios of 7 or greater, since Kato teaches said alumina
`
`insulating plate-like inorganic particles result in improved interlayer adhesion while not
`
`increasing the resistance value in the thickness direction of a conductive film,
`
`

`

`Application/Control Number: 16/659,774
`Art Unit: 1723
`
`Page 8
`
`overlapping the claimed range, reading in the claimed limitation “the second particles are
`
`particles having an aspect ratio of 10 or more and 50 orless,” e.g. MPEP § 2144.05(1).
`
`d.
`
`Regarding claim 3, Miyazaki as modified teaches the electrode of claim 2,
`
`wherein Miyazaki teaches said conductive additive may have an aspectratio of preferably
`
`1 or more and5orless, so as to prevent said conductive additive from penetrating
`
`through said undercoat layer during pressing of the electrode (e.g. supra), overlapping the
`
`claimed range, reading on “thefirst particles are particles having an aspectratio ofless
`
`than 10,” e.g. MPEP § 21144.05()); and, Kato teaches said aluminainsulating plate-like
`
`inorganic particles have aspect ratios of 7 or greater, overlapping the claimed range,
`
`reading on “the secondparticles are particles having an aspect ratio of 10 or more and 30
`
`or less,” e.g. MPEP § 2144.05(1).
`
`Conclusion
`
`10.
`
`Theprior art made of record and notrelied upon is considered pertinent to applicant's
`
`disclosure.
`
`lida et al (US 2015/0303484);
`
`Uemura (US 2013/0224587); and,
`
`Sato et al (US 2013/0122359).
`
`11.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examinershould be directed to YOSHITOSHI TAKEUCHIwhosetelephone numberis
`
`(571)270-5828. The examiner can normally be reached M-F,9-6.
`
`Examinerinterviews are available via telephone, in-person, and video conferencing using
`
`a USPTO supplied web-based collaboration tool. To schedule an interview, applicantis
`
`

`

`Application/Control Number: 16/659,774
`Art Unit: 1723
`
`Page 9
`
`encouraged to use the USPTO Automated Interview Request (AIR)at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
`
`supervisor, MILTON CANOcan be reached on 313-446-4937. The fax phone numberfor the
`
`organization wherethis application or proceedingis assigned is 571-273-8300.
`
`12.
`
`Information regarding the status of published or unpublished applications may be
`
`obtained from Patent Center. Unpublished application information in Patent Center is available
`
`to registered users. To file and managepatent submissions in Patent Center,visit:
`
`https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more
`
`information about Patent Center and https://www.uspto.gov/patents/docx for information about
`
`filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC)
`
`at 866-217-9197 (toll-free). If you would like assistance from a USPTO CustomerService
`
`Representative, call 800-786-9199 (IN USA OR CANADA)or 571-272-1000.
`
`/YOSHITOSHI TAKEUCHI
`Primary Examiner, Art Unit 1723
`
`