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 .
Response to Amendment
Upon consideration, the previous rejection of record was withdrawn in light of new amendments. However new rejection is applied to the amended claims. All changes made in the rejection are necessitated by the amendment.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 5-7, and 10-15 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 § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1-3, 5-7, and 10-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over U.S. Pre-Grant Publication No. 2014/0287317 hereinafter Tiquet in view of CN 108511754 A hereinafter Lu and U.S. Pre-Grant Publication No. 2019/0123356 hereinafter Ko.
Regarding Claims 1, 11, and 15, Tiquet teaches a lithium-ion battery (secondary battery) comprising: a positive electrode; a negative electrode; a separator disposed between the positive electrode and the negative electrode; and an electrolyte (paragraphs 369, 388), wherein the negative electrode comprises a negative electrode layer formed on a current collector (paragraphs 362, 364), and wherein the negative electrode layer comprises 70 to 94% by mass of negative electrode active material, 1 to 20% by mass of binder, 1 to 15% by mass of electronic conductive additive (paragraph 363).
Tiquet further teaches that the electronic conductive additive comprises carbon black, carbon nanotubes, and mixtures thereof (paragraph 361), and wherein the carbon nanotubes can be single-wall carbon nanotubes ("SWCNT") or multi-wall carbon nanotubes ("MWCNT") (paragraph 213).
Tiquet does not specifically disclose the weight ratio of the carbon black to carbon nanotubes (“SWCNT”) as claimed.
However, Lu teaches a lithium-ion battery (secondary battery) comprising: a positive electrode; a negative electrode; a separator disposed between the positive electrode and the negative electrode; and an electrolyte (paragraph 24), wherein the negative electrode comprises a negative electrode active material layer formed on the current collector, and wherein the negative electrode active material layer comprises negative electrode active material, binder, an conductive agent (paragraphs 9-12, 25-26).
Lu further teaches that the conductive agent comprises 0.5% to 5% carbon black including 0.1% to 1% single-walled carbon nanotubes (paragraphs 11-12 [see Example 2 which teaches that the weight ratio of conductive agent to the single-walled carbon nanotubes is 42:1]). Therefore, it would have been obvious to one of ordinary skill in the art to form a negative electrode that comprises such weight ratio of conductive agent to the single-walled carbon nanotubes before the effective filing date of the claimed invention because Lu discloses that such configuration can improve electrical conductivity and battery cycle performance (paragraphs 11-12).
Lu does not specifically disclose that the active material comprises a silicon-based negative electrode active material.
However, Ko teaches a rechargeable lithium battery (secondary battery) that comprises a positive electrode [11], a negative electrode [12], a separator [13] disposed between the positive electrode and the negative electrode, and an electrolyte solution (paragraphs 70-77), wherein the negative electrode comprises an active material layer including silicon-based negative electrode active material and carbon-based negative electrode active material (paragraphs 58-61), a binder (paragraph 62), a conductive material including single-walled carbon nanotubes (paragraphs 24, 64-65). Therefore, it would have been obvious to one of ordinary skill in the art to form a negative electrode that comprises silicon-based active material and carbon-based active material before the effective filing date of the claimed invention because Ko discloses that such configuration can form an electrode for a rechargeable lithium battery having improved specific resistivity characteristics of an electrode and high-rate charge/discharge characteristics as well as improved low temperature characteristics, storage characteristics at a high temperature and cycle-life characteristics at a high temperature (paragraphs 5, 60-61).
The use of a known technique (i.e., negative electrode active material that comprises silicon-based active material and carbon-based active material, and the weight ratio of conductive agent to the single-walled carbon nanotubes being 42:1) to improve similar products (methods or devices) in the same way is likely to be obvious. See KSR International Co. v. Teleflex Inc., 550 U.S. _,_, 82 USPQ2cl 1385, 1395 - 97 (2007) (see MPEP § 2143, C.).
The combination teaches that the negative electrode layer comprises 70 to 94% by mass of negative electrode active material (paragraph 363 of Tiquet) and the conductive agent comprises 0.1% to 1% of single-walled carbon nanotubes (paragraph 12 of Lu). Therefore, it would have been obvious to one of ordinary skill in the art to form a negative electrode with a controlled amount of single-walled carbon nanotubes being 0.1% to 1% before the effective filing date of the claimed invention because Lu discloses that such configuration can improve battery cycle performance (paragraph 12).
Regarding Claim 2, the combination teaches single-walled carbon nanotubes in the electrode active material layer and the claimed properties or functions are presumed to be inherent (see MPEP § 2112.01). Therefore, , it would have been obvious to one of ordinary skill in the art to form a negative electrode that comprises 0.1 to 1 wt % of single-walled carbon nanotubes (paragraph 12 of Lu and paragraphs 64-65 of Ko) before the effective filing date of the claimed invention because Ko discloses that the slurry including the single-walled or double-walled carbon nanotubes among these is prepared, dispersion of the slurry may be improved, and excellent processibility such as coating and the like during formation of an active material layer may be achieved and, concurrently, improved conductivity of the active material layer formed by using the same may be achieved (paragraph 21).
Regarding Claim 3, the combination teaches that the single-walled carbon nanotubes have an average length of 40 µm or more (paragraph 17 of Ko, paragraph 26 of Lu).
Regarding Claims 5-6, the combination teaches that the silicon based negative electrode active material is Si having an average particle diameter (D50) of 200 nm (paragraph 59 of Ko).
Regarding Claim 7, the combination teaches that the weight ratio of the silicon-containing active material to the single-walled carbon nanotubes is 90:1 or more. The negative electrode layer comprises 70 to 94% by mass of negative electrode active material (paragraph 363 of Tiquet) and the conductive agent comprises 0.1% to 1% of single-walled carbon nanotubes (paragraph 12 of Lu). Therefore, it would have been obvious to one of ordinary skill in the art to form a negative electrode with a controlled amount of single-walled carbon nanotubes being 0.1% to 1% before the effective filing date of the claimed invention because Lu discloses that such configuration can improve battery cycle performance (paragraph 12).
Regarding Claim 10, the combination teaches that the negative electrode is uniformly coated on a 10 µm thick current collector (paragraph 19 of Lu) and it therefore reasonable to conclude that the negative electrode layer has similar thickness.
Regarding Claim 12-14, the combination teaches that the conductive agent comprises 0.5% to 5% carbon black including 0.1% to 1% single-walled carbon nanotubes (paragraphs 11-12). Therefore, it would have been obvious to one of ordinary skill in the art to form a negative electrode that comprises such weight ratio of conductive agent to the single-walled carbon nanotubes before the effective filing date of the claimed invention because Lu discloses that such configuration can improve electrical conductivity and battery cycle performance (paragraphs 11-12).
Conclusion
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 OSEI K AMPONSAH whose telephone number is (571)270-3446. The examiner can normally be reached Monday - Friday, 8:00 am - 5:00 pm EST.
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/OSEI K AMPONSAH/ Primary Examiner, Art Unit 1752
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