UNITED STATES PATENT AND TRADEMARK OFFICE
`
`
`
`UNITED STATES DEPARTMENT OF COMMERCE
`United States Patent and Trademark Office
`Address: COMMISSIONER FOR PATENTS
`PO. Box 1450
`Alexandria, Virginia 2231371450
`www.uspto.gov
`
`16/115,382
`
`08/28/2018
`
`Qiang Zheng
`
`024607-02-5014-US
`
`3966
`
`Morgan, Lew1s & Boeklus LLP (PA)
`1400 Page Mill Road
`Palo Alto, CA 94304-1124
`
`OJO'AMOO' ABIBATU O
`
`ART UNIT
`
`1724
`
`PAPER NUMBER
`
`NOTIFICATION DATE
`
`DELIVERY MODE
`
`10/31/2019
`
`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):
`
`padoeketingdep artment @ morg anlewis .eom
`vskliba @ morganlewis . com
`
`PTOL-90A (Rev. 04/07)
`
`

`

`0/7709 A0170” Summary
`
`Application No.
`16/115,382
`Examiner
`ABIBATU O OJO-AMOO
`
`Applicant(s)
`Zheng et al.
`Art Unit
`1724
`
`AIA (FITF) Status
`Yes
`
`- The MAILING DA TE of this communication appears on the cover sheet wit/7 the correspondence address -
`Period for Reply
`
`A SHORTENED STATUTORY PERIOD FOR REPLY IS SET TO EXPIRE g MONTHS FROM THE MAILING
`DATE OF THIS COMMUNICATION.
`Extensions of time may be available under the provisions of 37 CFR 1.136(a). In no event, however, may a reply be timely filed after SIX (6) MONTHS from the mailing
`date of this communication.
`|f NO period for reply is specified above, the maximum statutory period will apply and will expire SIX (6) MONTHS from 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, even if timely filed, may reduce any earned patent term
`adjustment. See 37 CFR 1.704(b).
`
`Status
`
`1)[:] Responsive to communication(s) filed on
`[:1 A declaration(s)/affidavit(s) under 37 CFR 1.130(b) was/were filed on
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`2a)D This action is FINAL.
`
`2b)
`
`This action is non-final.
`
`3)C] An election was made by the applicant in response to a restriction requirement set forth during the interview on
`; the restriction requirement and election have been incorporated into this action.
`
`4):] 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 Expat/7e Quay/e, 1935 CD. 11, 453 O.G. 213.
`
`Disposition of Claims*
`
`5)
`
`Claim(s) fl is/are pending in the application.
`
`5a) Of the above claim(s)
`
`is/are withdrawn from consideration.
`
`[:1 Claim(s)
`
`is/are allowed.
`
`Claim(s) fl is/are rejected.
`
`[j Claim(s) _ is/are objected to.
`
`) ) ) )
`
`6 7
`
`8
`
`
`
`are subject to restriction and/or election requirement
`C] Claim(s)
`9
`* If any claims have been determined aflowabie. you may be eligible to benefit from the Patent Prosecution Highway program at a
`
`participating intellectual property office for the corresponding application. For more information, please see
`
`httpfiwww.”smogovmatentszinit_events[pph[index.'sp or send an inquiry to PPeredhack@g§ptg.ggv.
`
`Application Papers
`
`10):] The specification is objected to by the Examiner.
`
`is/are: a)D accepted or b)D objected to by the Examiner.
`11):] The drawing(s) filed on
`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:
`
`a). All
`
`b)D Some**
`
`C)D None of the:
`
`1E] Certified copies of the priority documents have been received.
`
`2.. Certified copies of the priority documents have been received in Application No. 14/810,314.
`
`3.[:] Copies of the certified copies of the priority documents have been received in 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) C] Interview Summary (PTO-413)
`Paper No(s)/Mail Date
`4) CI Other-
`
`PTOL-326 (Rev. 11-13)
`
`Office Action Summary
`
`Part of Paper No./Mai| Date 20191024
`
`

`

`Application/Control Number: 16/115,382
`Art Unit: 1724
`
`Page 2
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`DETAILED ACTION
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`Notice of Pre-AIA or AIA Status
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`1.
`
`The present application, filed on or after March 16, 2013,
`
`is being examined underthe
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`first inventorto file provisions ofthe AIA.
`
`Claim Rejections - 35 USC § 112
`
`2.
`
`The followingisa quotation of 35 U.S.C. 112(b):
`(b) CONCLUSION—The s pecification shall conclude with one or more claims particularly pointing out
`a nd distinctly cl aimingthe s ubject matter which the inve ntor or a joint inventor regards as the
`invention.
`
`The followingisa quotation of 35 U.S.C.112 (pre—AIA), second paragraph:
`The s pecification s hall conclude with one or more claims particularly pointingout a nd distinctly
`cl a imingthe su bject matter which the applicant regards as his i nvention.
`
`3.
`
`Claims 1—9 are rejected under35 U.S.C.112(b) or 35 U.S.C.112 (pre—AIA),second
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`paragraph, as beingindefinite forfailingto particularly point out and distinctly claim the subject
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`matterwhich the inventoror a jointinventor, or for pre—AIAthe applicant regards as the
`
`invention.
`
`4.
`
`Claim 1 recites the limitation "the compacted density ofthe positive conductive
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`membrane and the compacted density ofthe negative conductive membrane" in lines 14—17.
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`There is insufficient antecedent basisforthis limitation in the claim. The limitation ”the
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`compacted density of the positive conductive membrane and the compacted density of the
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`negative conductive membrane" is interpreted as ”a compacted densityofthe positive
`
`conductive membrane and a compacted density of the negative conductive membrane."
`
`

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`Application/Control Number: 16/115,382
`Art Unit: 1724
`
`Page 3
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`Claim Rejections - 35 USC § 103
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`5.
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`The followingisa quotation of 35 U.S.C.103 which forms the basis for all obviousness
`
`rejections setforth in this Office action:
`
`A patentfora claimed invention maynot be obtained, notwithstandingthatthe claimed invention is
`not identically disclosed as set forth in section 102, ifthe differences between the claimed inve ntion
`a nd the prior a rt are such that the claimed invention as a whole would have been obvious before the
`effective filingdate ofthe claimed invention to a person having ordinarys kill in the art to which the
`claimed invention pertains. Pa tentabilityshall not be negated bythe manner in which the invention
`was made.
`
`6.
`
`The factual inquiries setforth in Graham v. John Deere C0,, 383 U.S. 1, 148 USPQ 459
`
`(1966), that are applied for establishinga background for determining obviousness under35
`
`U.S.C.103 are summarized as follows:
`
`1. Determiningthe scope and contents of the prior art.
`
`2. Asce rtaining the differences between the priorart and the claims at issue.
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`3. Resolvingthe level ofordinary skill inthe pertinentart.
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`4. Considering objective evidence presentin the application indicating obviousness or
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`nonobviousness.
`
`7.
`
`Claims 1-4 and 6-9 are rejected under35 U.S.C.103 as being unpatentable over Kita
`
`Fusaji et al. (CN 101373850 A, cited in the IDS, Machine Translation is attached) in view of
`
`Scott etal. (US 2009/0274849 A1, newly cited).
`
`Regarding claims 1 and 4, Fusaji disclosesa lithium—ion batteryin. SIN-18) includesza
`
`positive electrode including a positive current collector{?g. 2/L4~6) and a positive electrode
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`mixture layer(i.e. positive conductive membrane) is prepared by dispe rsinga positive electrode
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`active material, a conductive aid, a binderinto a solventto obtain a positive electrode mixture
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`layer (Pg.6/L27—29). Fusaji discloses that the mixture is coated on one surface or both surface of
`
`

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`Application/Control Number: 16/115,382
`Art Unit: 1724
`
`Page 4
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`the current collector, a pressing treatme nt (i.e. compacting) is performed after drying the slurry
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`(Pg.7/L1—11). Fusaji discloses that the positive electrode mixture layerhas a density of 4.2 g/cm3
`
`or more (Pgi7/L15-18). Fusaji teaches that the resuiting pesitive electrode mixture iayeriie
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`positive conductive membrane) is unitcarmivceateci on bath surfaces otthe positive current
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`ceiiecteranci cut the current ceiiectcrrinte a predetermined size with a density at 3,85g/crn3
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`inlelelE),
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`Fusaji discinsesa negative eiectrnde includinga negative current ceiiectnripg 101%?)
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`and a negative electrode mixture layer(i.e. negative conductive membrane) is prepared by
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`adding a binderto a negative electrode active material, a solvent to obtain a negative electrode
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`mixture layer(Pg. 12/L12—22). The mixture is coated on one or both sides ofcurrent collector,
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`dried the composition, and pressingtreatment (i.e. compacting) to form a negative electrode
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`mixture layer(i.e. negative conductive membrane) (Pg.12/L12—22). The density of the negative
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`electrode mixture layer(i.e. negative electrode conductive membrane) is 1.90 g/cm3 (Pg. 13/L6—
`
`12); a separator (Pg.3/LS--fi); an eiectroivte (Pg.3/LS--8)_; and a packaging feii (Le. eutercase,
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`Pg.3/L5—83. in additicin, Fusaji ciiscicnses that the resuiting negative eiectrede mixture iaveriie.
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`negative conductive membrane) is unifermiyceated on bath surfaces at the negative current
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`ceiiecterand cut the current COHECtOi’intG a predetermined size with a density at 1.75 gfc'm3
`
`(Pglfziftfl?)
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`it is ncated tnat Fusaji teacnes compact densities eftne termed positive and negative
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`conductive membranes taiiing within their respective ciairned ranges, The refere, it vvcuid have
`
`been ebvieusto cane of cardinarv skiii in the art before the effective fiiing date oftne ciairneci
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`inventinn tearrive at the claimed ratid etthe capacity a? the negative active rna'teriai tn the
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`

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`Application/Control Number: 16/115,382
`Art Unit: 1724
`
`Page 5
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`capacity otthe positive active material as Fusaji teaches that upon cutting the negative and
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`positive current coilectcrrto size, a cornpact capacity is achieved which fall within the ciairneci
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`range, The ratio capacity as ciairneci vvcruici take in consideration variables such a thickness of
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`the coating, surfaces coated (one or hothi, size of the coated current coilector, and coating
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`conditions in such a vvav to maintain their respective compact densities.
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`Fusaji is siient with regard to the ratio of the capacitv of the negative active mate rial to the
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`capacity of the positive active material is at a range from i. to 1,4.
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`However, Scott teachesa rechargeabie batteries lie, iitniurn—ion hatteries,{0021i},Scott
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`teaches that the hatterv cernprisi rig a positive eiectrede, negative electrode, an eiectreivte, and
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`a separator €l0024--0t328ii. Scott teaches that the positive electrode include active mate riai,
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`conductive additive, and hinder‘iiGQZQ—Qfifl and {3335}; Scott teachesthat the iaveret active
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`materiai, conductive additive and binder mixture is coated on the cane nt coilectorilflilfll'j).
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`Scott teaches that the negative electrode comprisingan active material, binder, and conductive
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`inateriai {WOW-0045 and 85451}. Scott teaches that the active material, hinder, conductive
`
`niateriai is coated on a current coilectcrr (lemon, Scott teaches that a ceil baiance refers to the
`
`
`tines
`ratio otthe negative electrode capacity to the positive electrode capacity, v11:
`, whereinv is
`.55005
`
`ceii balance, Qneg is ecguai to the prmiuct of the amount of negative eiectrede mate riai, the
`
`percentage of the active materiai coritriputingto the capacity, and the specificity ofthe active
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`inateriai and QM isequai to the product of the amount of positive material the percent of the
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`active material contributing to the capacitv, and the specificcapacitv of active inateriai, the
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`specificcapacitv cat the negative active material is 165 m Ahfg and the specificcapacitv cat the
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`positive active rnate riai is 150 rn Ah/g {the ratio of the capacity of the negative active mate rial
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`

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`Application/Control Number: 16/115,382
`Art Unit: 1724
`
`Page 6
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`to the capacity of the positive active materiai is lfiSrnAhfg divided by 150 rn Ah/‘gis 1.1, which
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`taiis within the ciaimed iimitatioh} {£08493}. Scott teaches that the ceii haiance determines the
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`specificcapacity and the stahiiity of their performance repeated cvciihgand the main
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`consideration of using ceii haiance inciodes safety, deiivered capacity and capacity fade under
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`regular cyciihg and deep discharge conditions ( {005%}.
`
`it wouid have been obvious to one of the ordinary skiii in the art before the effective
`
`fiiing otthe ciairned inventirm 'toackrsowiedge the ciairned ratio at the capacity of the negative
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`materiai to the capacity of the positive active materiai as taught by Scott is needed in order to
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`attain a battery with improved safety, charge and discharge cycies A person of the ordinary
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`skit? in the art wouid acknowiedge that the weii-itnown ciaimed ratio is required in order to
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`irnpreve the performance and satetyof the battery and wouid provide the expected resuit of
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`doing> so (KER). Scott teaches an obvious alternative way to arrive at the claimed ratio as the
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`teachings of Scott are not the same as the claimed invention.
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`Regarding ciairn Z; Fusaji disciosesthat the compacted density of said positive
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`conductive rneinhrahe is 4.2 gfcnt3 {Pgfl/LifiiuiSii
`
`Regarding ciaim 3, Fusaji discioses that the compacted density of said negative
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`conductive membrane is 1.70 g/cnt—“r
`
`(Pg. 13:16-12),
`
`Regarding ciaim d, Ftisaji discioses that the positive active rnateriai is at ieast one
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`seiected from iithidm copaitate LiCoQb and iithiurn manganate LiMnZGA (Pg: Sim—19}.
`
`Regarding ciaim it, Fusaji discioses that the negative active materiai is carbon materiai
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`which is at ieast one seiectedtrorn naturai graphite and mesocarbon rnicroheads (Pg. living—17
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`and PgifijifLZ—"ii.
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`

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`Application/Control Number: 16/115,382
`Art Unit: 1724
`
`Page 7
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`Regarding ciairn 8, Fusaji discloses that the eiectroiyte isa non~watereiectroiyte
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`centaininga noh~waterergahic soivehtanci a Eithiurn sait (Pg.13ft26~28).
`
`Regarding ciaim 9, Fusaji ciiscioses that the hon—water organic seiveht is a mixture of
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`chain eater and cyciic ester;
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`said chain eater is at ieastone seiecteci from dimethyi carbonate
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`DMC, ciiethyi carbonate DEC, ethyl rnethyi carbonate EiviC, methyl nrobyi carbonate iViPC,
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`ethyiene carbonate EC, propyiene carbonate PC, vinyiene carbonate vc, said iithitirn sait is at
`
`Feast one seiected tram “1)ng LiBFi, LiCiQi, Lit‘ngSflg, and LiNéSOQCFQ.)3 €Pg.13,’t26~29
`
`and
`
`Pg,14il_1~l?}.
`
`8
`
`Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kita Fusaji et al. (CN
`
`101373850 A, cited in the IDS, Machine Translation is attached) in View of Scott et al. (US
`
`2009/0274849 A1, newly cited) as applied to claim 1 above, and furtherin View of Inoue
`
`Hiroyasu et al. (JP 2009048876 A, cited in the IDS, Machine Translation is attached).
`
`Regarding ciaim 5, Fusaji is siient to the ciaim Eimitation heiow:
`
`“in formation of the negative conductive membrane, the coating weight of soiici
`
`components in the negative mixture siurry on the surface of the negative current coiiector is at
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`a range from 120mgf1540.25mm3 to 190mgf154025mmz;
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`in formation of the positive
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`conductive membrane, the coating; weight of soiici components in the positive mixture siurryon
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`the surface of the positive current coiiectoris at a range from 23tirngfl§4tt25mm3 to
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`380mg/154025mm3n”
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`Hiroyasu teaches a secondary battery {{OOOQD, Hiroyasu teaches that the secondary
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`battery comprisinga pasitive eiectrode, negative electrode, and separator disposed between
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`

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`Application/Control Number: 16/115,382
`Art Unit: 1724
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`Page 8
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`the positive and negative eiectretiesiiGOOEiii. Hircryasu teaches that the negative eiectrode
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`incitiajing negative curre ht coiiecterahti the oesitive eieetratie incititiing pesitive current
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`coiiecteriififizifiii. Hiroyasu teaches that the active niateriai 0f the pesitive eiectretie is tiCo02
`
`(iGOOEDU Hirovasu teaches that the active materiai of the negative eiectrode is graphite
`
`(£00431 Hirovasu teaches that the thickness at the negative eiectrotie is 132 pm anti the
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`thickness at the current coiiector is 10 pm, and the tiensitv of anode is 1,?5 eicm3 {£35155 anti
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`GGt’a‘t‘sii,
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`i-iirnvasu teachesthat the weightn‘i the negative siurrv is 1234 ingflfiaii‘i niniz, the
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`weight of the siutryis caicniated by {132 an“: ~ 10 um} divided by}: z :31 em, the 61 an“: is
`
`converted ta {53.1 e33 sin and (5.1 e~3 cm) is rhuitipiied hythe density (1.75 giant-3' * t3.1e«3 cm 1
`
`0.01067 g/cni‘l : 0.1067 g/mn‘fi) 2 164.3 mg] 1545.25 mm?
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`Hireyasu teaches that the thickness at the pesitive eietrti'ode is .138 3.1m and the
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`thickness at the Current eeiiector is 12 em, and the density at anede is 3.85 glem3 {£90653}.
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`i-iii'evasu teaches that the weight at the negative sierrv is 154.3 mgflfiéifl minz, the weight of
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`the shitty iscaicuiated by {138 tint-12 tint} divided had 2 63 am, the 63 em is eenverteti t0 6.3
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`e6 cm and {5.3 e~3 cm) is nitiitieiieci hythe densityi3.85 g/cni3 * 6.3 e—3 em = 8.024255 gfcmz
`
`= 0.24255 g/m'mzi = 373.6 ihgfiiSziiJQS mmz. Hiroyasu teaches that the batten; cernorising the
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`positive and negative eieetrcrties has a high capacity {[5515 anti 0016i}.
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`it wouiti have been obvious to one of the ordinary skiii in the art hefore the effective
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`tiiiingdate of the ciaimeti inve ntien to ackhowiedge that the coating; weight of seiid
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`components ofthe negative eieetrade sinnyand the positive eiectmtie starry as taught by
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`Hirovasu is Litiiized ih tabricatinga battery in order to achieve a battery with high capacity,
`
`

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`Application/Control Number: 16/115,382
`Art Unit: 1724
`
`Page 9
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`Conclusion
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`9.
`
`Any inquiryconcerning this communication or earliercommunications from the
`
`examinershould be directed to ABIBATU O OJO—AMOO whose telephone numberis (408)918—
`
`7538. The examinercan normally be reached on Mon.—Thurs. from 9 am to 5 pm (PST).
`
`Examinerinterviews are 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(A|R) at
`
`http://www.uspto.gov/interviewpractice.
`
`If attempts to reach the examinerby telephone are unsuccessful, the examiner’s
`
`supervisor, Miriam Stagg can be reached on 571—270—5256. The fax phone numberfor the
`
`organization where this application or proceeding is assigned is 571—273—8300.
`
`Information regarding the status of an application may be obtained from the Patent
`
`Application Information Retrieval (PAIR) system. Status information for published applications
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`may be obtainedfrom eitherPrivate PAIR or PublicPAIR. Status information for unpublished
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`
`/ABIBATU O OJO—AMOO/
`
`Examiner, Art Unit 1724
`
`

`

`Application/Control Number: 16/115,382
`Art Unit: 1724
`
`/M|R|AM STAGG/
`
`Supervisory Patent Examiner, Art Unit 1724
`
`Page 10
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`