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`UNITEDSTATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`P.O. Box 1450
`Alexandria, Virginia 22313-1450
`
`17/414,521
`
`06/16/2021
`
`Tatsuya Akira
`
`P210522US00
`
`6748
`
`WHDA,LLP
`8500 LEESBURG PIKE
`SUITE 7500
`
`TALBOT,BRIAN K
`
`1715
`
`04/30/2024
`
`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)
`
`

`

`Application No.
`Applicant(s)
`17/414,521
`Akira et al.
`
`Office Action Summary Art Unit|AIA (FITF)StatusExaminer
`BRIAN K TALBOT
`1715
`Yes
`
`
`
`-- The MAILING DATEof this communication appears on the cover sheet with the correspondence address --
`Period for Reply
`
`A SHORTENED STATUTORYPERIOD FOR REPLYIS SET TO EXPIRE 3 MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensionsof 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 3/4/24.
`C} A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/werefiled on
`2a)[¥) This action is FINAL.
`2b) (J This action is non-final.
`3) 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)(2) 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*
`1,3-6 and 8-17 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) 1,3-6 and 8-17 is/are rejected.
`(] Claim(s)__ is/are objectedto.
`C] Claim(s
`are subjectto restriction and/or election requirement
`)
`* 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) The specification is objected to by the Examiner.
`11)0) The drawing(s) filedon__ is/are: a)(J 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)7) Acknowledgment is made of a claim for foreign priority under 35 U.S.C. § 119(a)-(d)or (f).
`Certified copies:
`c)Z None ofthe:
`b)() Some**
`a)C All
`1.1.) Certified copies of the priority documents have been received.
`2.2) Certified copies of the priority documents have been received in Application No.
`3.1.) 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 1/19/24.
`U.S. Patent and Trademark Office
`
`3)
`
`4)
`
`(LJ Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`(Qj Other:
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mail Date 20240425
`
`

`

`Application/Control Number: 17/414,521
`Art Unit: 1715
`
`Page 2
`
`DETAILED ACTION
`
`Notice of Pre-AIA or AIA Status
`
`1.
`
`The present application, filed on or after March 16, 2013, is being examined under
`
`the first inventorto file provisions of the AIA.
`
`2.
`
`The amendmentfiled 3/4/24 have been considered and entered. Claims 2 and 7
`
`have been canceled. Claims 1,3-6 and 8-17 remain in the application.
`
`3,
`
`The text of those sections of Title 35, U.S. Code not included in this action can be
`
`found in a prior Office action.
`
`4,
`
`In light of the arguments filed 10/5/23, the rejection including Kimuraetal.
`
`(2015/0280208) has been withdrawn, however,the following rejection including JP
`
`2013/048995 has been applied.
`
`Claim Rejections - 35 USC § 103
`
`5.
`
`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 ground of
`
`rejection if the prior art relied upon, and the rationale supporting the rejection, would be
`
`the same undereitherstatus.
`
`

`

`Application/Control Number: 17/414,521
`Art Unit: 1715
`
`Page 3
`
`6.
`
`Claims1,3-5,8-10,13,16 and 17 are rejected under 35 U.S.C. 103 as being
`
`unpatentable over JP 2013/048995 in combination with either Songetal. (5,935,643) or
`
`Steinfort et al. (2004/0083589) further in combination with Bolandi et al. (2012/0219841)
`
`further in combination with Gustafsonet al. (5,888,672).
`
`JP 2013/048995 teaches a coating apparatus and film forming system whereby a
`
`battery electrode material is applied to a metal foil and travels in a roll-to-roll process
`
`through a preheating unit (60) a drying unit (65) and an annealing unit (70) whereby the
`
`annealing unit is at a temperature higher than the drying unit to removestrain andstress
`
`during the drying treatment.
`
`JP 2013/048995fail to teach drying station andthe firing station to be intervened
`
`by a rolling station, i.e. drying, rolling then firing in that order.
`
`Songet al. (5,935,643) teaches a method for manufacturing electrode for fuel cell
`
`whereby the coating is applied, drying is performed, rolling takes place next and then a
`
`sintering step followsthe rolling step (abstract, Fig. 1 and col. 4, lines 24-45).
`
`Steinfort et al. (2004/0083589) teaches a method for the producing electrode
`
`components for electrochemical cells whereby the process steps include depositing the
`
`coating, drying, rolling and firing steps are performed whereby drying is performed
`
`before rolling and firing is performed after rolling (abstract and [0045]-[0046]).
`
`Therefore, it would have been obvious for one skilled in the art before the
`
`effective filing date of the claimed invention to have modified JP 2013/048995 processto
`
`utilize consecutive processing steps of drying, rolling and firing as evidenced by Song et
`
`

`

`Application/Control Number: 17/414,521
`Art Unit: 1715
`
`Page 4
`
`al. (5,935,643) or Steinfort et al. (2004/0083589) with the expectation of achieving the
`
`desired electrode.
`
`JP 2013/048995 in combination with either Song et al. (5,935,643) or Steinfort et
`
`al. (2004/0083589) fails to teach a firing process includinga first and secondroll
`
`wherebythe electrode is fired while the electrode covers more than 50% ofan area of the
`
`peripheral of the first and secondrollers.
`
`Bolandiet al. (2012/0219841) teaches a similar roll to roll process whereby a
`
`electroactive material is applied in a roll to roll process in forming electrode layers
`
`wherebyheating rollers are utilized to heat the coating on the substrate whereby the
`
`rollers are covered by the coated substrate by at least 180 degrees and up to 300 degrees
`
`or more of the circumference of the heated roller which would equate to more than 50%
`
`coverage as claimed (Figs. 8,11 and [0098]-[0099]).
`
`Therefore, it would have been obviousfor one skilled in the art before the
`
`effective filing date of the claimed invention to have modified JP 2013/048995 in
`
`combination with either Songet al. (5,935,643) or Steinfort et al. (2004/0083589) roll to
`
`roll processto utilize the heater rollers whereby the substrate wraps around more than 50
`
`% of the heater rollers surface as evidenced by Bolandiet al. (2012/0219841) tom
`
`produce a more even and uniform heating of the coated substrate.
`
`JP 2013/048995 in combination with either Songetal. (5,935,643) or Steinfortet
`
`al. (2004/0083589) further in combination with Bolandiet al. (2012/0219841) fail to
`
`teach the second heating temperature to be from 150C-300C.
`
`

`

`Application/Control Number: 17/414,521
`Art Unit: 1715
`
`Page 5
`
`Gustafsonetal. (5,888,672) teaches forming anode from applying an anodeslurry
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`and drying from 70-150C and then fully drying at 50C (claimed secondfiring
`
`temperature (abstract and col. 8, lines 40-60).
`
`Therefore, it would have bene obvious for one skilled in the art before the
`
`effective filing date of the claimed invention to have modified JP 2013/048995 in
`
`combination with either Songet al. (5,935,643) or Steinfort et al. (2004/0083589) further
`
`in combination with Bolandiet al. (2012/0219841) process to include a second heating
`
`step abovethefirst heating step and between 150C-300C to also drive off solvent as
`
`evidenced by Gustafsonet al. (5,888,672) with the expectation of producing a claimed
`
`electrode.
`
`Regarding claim 1, Gustafsonet al. (5,888,672) teaches the claimed second
`
`heating step to be between 150C-300C and higher than the first heating step.
`
`Regarding claim 3, the compression-moldingrollers, i.e. firing rollers is performed
`
`under inert atmosphere in nitrogen to avoid oxidation thereof [0095].
`
`Regarding claims4,5 and 8, JP 2013/048995 application process for applying the
`
`mixture is done inaroll-to-roll process.
`
`Regarding claims 9 and 10, the claims recite winding andcollecting the dried
`
`electrodes prior to performing a rolling step instead of doing it continuously.
`
`While the Examiner acknowledgesthis fact, the Examiner takes the position that
`
`one skilled in the art would have had a reasonable expectation of achieving similar
`
`success regardless of whether or not the dried electrodes were immediately pressed or
`
`wound/collected before pressing absent a showing of unexpectedresults to the contrary.
`
`

`

`Application/Control Number: 17/414,521
`Art Unit: 1715
`
`Page 6
`
`Regarding claims 13 and 17, JP 2013/048995 teaches the electrode material
`
`include carbon or graphite and the binder to include PVDF(claimed fluororesin) or SBR
`
`(claimed synthetic rubber).
`
`Regarding claim 16, Songet al. (5,935,643) or Steinfort et al. (2004/0083589)
`
`both teach drying station and the firing station to be intervenedbya rolling station,i.e.
`
`drying, rolling then firing in that order.
`
`7.
`
`Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over JP
`
`2013/048995 in combination with either Song etal. (5,935,643) or Steinfortet al.
`
`(2004/0083589) further in combination with Bolandiet al. (2012/0219841) further in
`
`combination with Gustafsonet al. (5,888,672) further in combination with JP
`
`2005/276444.
`
`Features detailed above concerning the teachings of JP 2013/048995 in
`
`combination with either Songet al. (5,935,643) or Steinfort et al. (2004/0083589) further
`
`in combination with Bolandiet al. (2012/0219841) further in combination with Gustafson
`
`et al. (5,888,672) are incorporated here.
`
`JP 2013/048995 in combination with either Song et al. (5,935,643) or Steinfort et
`
`al. (2004/0083589) further in combination with Bolandiet al. (2012/0219841) further in
`
`combination with Gustafsonet al. (5,888,672) fail to teach forming the coating on both
`
`sides of the current collector and drying after application thereof.
`
`

`

`Application/Control Number: 17/414,521
`Art Unit: 1715
`
`Page 7
`
`JP-2005/276444 teaches a similar process whereby electrode is formedin a roll-to-
`
`roll process and application of one side followed by a drying step is performed then this
`
`is done for the other side by application and drying step (abstract and Fig. 3).
`
`Therefore, it would have been obviousfor one skilled in the art before the
`
`effective filing date of the claimed invention to have modified JP 2013/048995 in
`
`combination with either Songet al. (5,935,643) or Steinfort et al. (2004/0083589) further
`
`in combination with Bolandiet al. (2012/0219841) further in combination with Gustafson
`
`et al. (5,888,672) process to perform the coating/drying steps on both sides of a current
`
`collector as evidenced by JP-2005/276444 with the expectation of achieving similar
`
`SUCCESS.
`
`8.
`
`Claim 15 is rejected under 35 U.S.C. 103 as being unpatentable over JP
`
`2013/048995 in combination with either Song etal. (5,935,643) or Steinfortet al.
`
`(2004/0083589) further in combination with Bolandiet al. (2012/0219841) further in
`
`combination with Gustafsonet al. (5,888,672) in combination with Broschetal.
`
`(2005/0236732).
`
`JP 2013/048995 in combination with either Songetal. (5,935,643) or Steinfortet
`
`al. (2004/0083589) further in combination with Bolandiet al. (2012/0219841) further in
`
`combination with Gustafsonet al. (5,888,672) fail to teach the heating rollers to have a
`
`portion of the exposed dry coating film on one heating roller while on the other heating
`
`roller have the other side of the dry coating film exposed, i.e. opposite sides exposed
`
`while on heatingrollers.
`
`

`

`Application/Control Number: 17/414,521
`Art Unit: 1715
`
`Page 8
`
`Broschetal. (2005/0236732) teaches a method and apparatus for making positive
`
`electrode films for batteries whereby the use of heating rollers (78/80) are knownto be
`
`arranged whereby oneside of the coating film is exposed while the other side of the
`
`coating film is on the peripheral surface of the roller and then reversing the side of the
`
`coating film exposed and in contact with the peripheral surface for the subsequent heated
`
`roller (abstract, Fig. 8 and [0054).
`
`Therefore, it would have been obviousfor one skilled in the art before the
`
`effective filing date of the claimed invention to have modified JP 2013/048995 in
`
`combination with either Songet al. (5,935,643) or Steinfort et al. (2004/0083589) further
`
`in combination with Bolandiet al. (2012/0219841) further in combination with Gustafson
`
`et al. (5,888,672) process to include heating roller situated whereby while oneside is
`
`exposedthe other side it on the peripheral surface of the roller and reversing this
`
`alignmentfor the subsequent heating roller whereby that which was exposed is now on
`
`the peripheral while that which wason the peripheral is now exposed with the
`
`expectation of producing the electrode pattern.
`
`Regarding claim 15, Gustafsonetal. (5,888,672) teaches the claimed second
`
`heating step to be between 150C-300C and higher than the first heating step.
`
`Response to Amendment
`
`9.
`
`Applicant's arguments filed 3/4/24 have been fully considered but they are not
`
`persuasive.
`
`

`

`Application/Control Number: 17/414,521
`Art Unit: 1715
`
`Page 9
`
`Applicant’s arguments with respect to claims 1,3-6 and 8-17 have been considered
`
`but are moot because the new groundofrejection does not rely on any reference applied
`
`in the prior rejection of record for any teaching or matter specifically challenged in the
`
`argument.
`
`Applicant argued that the prior art fails to teach the now claimed second
`
`temperature (firing temperature) to be no higher than 150C-300C.
`
`Gustafsonet al. (5,888,672) teaches the second heating (claimedfiring step) to be
`
`between 150C-300C and higher thanfirst heating step as detailed above.
`
`Applicant argued Broschetal. (2005/0236732) teaches a specific extruded
`
`electrode film with a different structure than that of the other references and would not be
`
`so simple to use that drying process with outer electrode films.
`
`The Examinerdisagrees. First off, the Examiner disagrees with this assertion that
`
`one skilled in the art would not be suggested to utilize the heating of the electrode film
`
`with the heating process of Broschet al. (2005/0236732) as Broschet al. (2005/0236732)
`
`teaches this method is knowsto dry/heat electrode films for battery applications. One
`
`skilled in the art would be suggested that this process would be applicable to producing
`
`battery electrode films.
`
`10.
`
`Applicant's amendmentnecessitated the new ground(s) of rejection presented in
`
`this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP
`
`

`

`Application/Control Number: 17/414,521
`Art Unit: 1715
`
`Page 10
`
`§ 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
`
`MONTHSfrom the mailing date of this action. In the eventa first reply is filed within
`
`TWO MONTHSofthe mailing date of this final action and the advisory action is not
`
`mailed until after the end of the THREE-MONTHshortenedstatutory period, then the
`
`shortened statutory period will expire on the date the advisory action is mailed, and any
`
`extension fee 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 MONTHSfrom the date of this final action.
`
`11.
`
`Any inquiry concerning this communication or earlier communications from the
`
`examiner should be directed to BRIAN K TALBOTwhosetelephone numberis
`
`(571)272-1428. The examiner can normally be reached Mon-Thurs 6:30-5PM - Fri OFF.
`
`Examiner interviewsare available via telephone, in-person, and video
`
`conferencing using a USPTO supplied web-based collaboration tool. To schedule an
`
`interview, applicant is encouraged to use the USPTO Automated Interview Request
`
`(AIR)at http://www.uspto. gov/interviewpractice.
`
`If attempts to reach the examiner by telephone are unsuccessful, the examiner’s
`
`supervisor, Timothy H Meekscan be reached on 571-272-1423. The fax phone number
`
`for the organization where this application or proceeding is assigned is 571-273-8300.
`
`

`

`Application/Control Number: 17/414,521
`Art Unit: 1715
`
`Page 11
`
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`
`/BRIAN K TALBOT?
`
`Primary Examiner, Art Unit 1715
`
`