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 .
This is a final office action in response to Applicant's remarks and amendments filed on 11/26/2025. Claims 1 and 3 are currently amended. Claims 1-13 and 15 are pending review in this action. The previous 35 U.S.C. 03 rejections are withdrawn in light of Applicant's amendment to Claim 1. New grounds of rejection necessitated by Applicant's amendments are presented below.
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.
Claims 1-5, 13, and 15 are rejected under 35 U.S.C. 103 as being unpatentable over Ou et al. (CN 112018326 A) (citations made to English machine translation attached to this office action) further in view of Song et al. (US 2020/0411843 A1).
In Regards to Claim 1:
Ou discloses a negative electrode (negative electrode sheet) for a rechargeable lithium battery (lithium ion battery), the negative electrode (negative electrode sheet) comprising: a current collector (negative electrode current collector, 1); a first negative electrode active material layer (2) on one surface of the current collector (negative electrode current collector, 1); and a second negative electrode active material layer (3) on the first negative electrode active material layer (2) (Figure 1, [0039, 0043]). Ou further discloses that the first negative electrode active material layer (2) comprises a first negative electrode active material, and the first negative electrode active material comprises at least one of artificial graphite and natural graphite (Figure 1, [0009, 0026]). Ou further discloses that the second negative electrode active material layer (3) comprises a second negative electrode active material, and the second negative electrode active material may comprise at least one of artificial graphite and natural graphite (Figure 1, [0009, 0027]). Ou further discloses that an average particle diameter of the second negative electrode active material is smaller than an average particle diameter of the first negative electrode active material [0017]. Ou further discloses that the thickness of the first negative electrode active material layer (2) is between 10 µm and 100 µm, and the thickness of the second negative electrode active material layer (3) is between 10 µm and 100 µm (Figure 1, [0018-0019]). Ou further discloses an example (Example 8) wherein the thickness of the first negative electrode active material layer (2) is ~24 µm and the thickness of the second negative electrode active material layer (3) is ~56 µm (Example 8, [0091]), and as such a ratio of the thickness of the first negative electrode active material layer (2) to the thickness of the second negative electrode active material layer (3) would be ~0.4 (within the claimed range of about 10:90 (~0.1) to about 45:55 (~0.8)).
Ou is silent to the shape of the first negative electrode active material particles. However, instant Claim 1 requires “the first negative electrode active material comprises graphite comprising particles having a single particle shape”. The claim language is broad and permits the use of the broadest reasonable interpretation when reviewing the prior art. One of ordinary skill in the art would appreciate that no matter the shape(s) of the graphite particles of the first negative electrode active material as a whole, the graphite particles would indeed have particles having a single particle shape. Each graphite particle would possess only one “shape” (such as plate-shaped, spherical, amorphous, etc.). Furthermore, in the case that the graphite particles of the first negative electrode active material possess a mixture of shapes, the skilled artisan would appreciate that as the claim is currently written, the graphite particles having a “first shape” may be considered to read on “particles having a single shape”, with the remainder of the graphite particles not of the “first shape” being considered additional graphite particles.
Ou is deficient in disclosing that the graphite of the second negative electrode active material comprises secondary particles in which a plurality of primary particles are agglomerated.
Song discloses a negative electrode active material comprising graphite particles having a secondary particle form, wherein the secondary graphite particles are comprised of an agglomeration of primary graphite particles (Figure 3b, [0090-0091]). Song further discloses that the primary graphite particles may have an average particle size) of about 2 µm [0090]. Song further discloses that the secondary graphite particles have an average of about 15 µm [0090]. Song further discloses that pitch is used when forming the secondary graphite particles, such that the primary graphite particles are surface-coated [0090]. Song teaches that the negative electrode active material particles are inhibited from volumetric swelling, thus having excellent cycle characteristics and low internal resistance [0022].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the second negative electrode active material of Ou, the secondary graphite particles of Song having an average particle size of about 15 µm, in order to provide a negative electrode active material which is inhibited from volumetric swelling, thus having excellent cycle characteristics and low internal resistance, as taught by Song. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modification, all of the limitations of Claim 1 are met.
In Regards to Claim 2 (Dependent Upon Claim 1):
Ou as modified by Song discloses the negative electrode of Claim 1 as set forth above. Ou further discloses that in the first negative electrode active material, the particles having a single particle shape have an average particle diameter of equal to or less than 30 µm [0015]. Thus, all of the limitations of Claim 2 are met.
In Regards to Claim 3 (Dependent Upon Claim 1):
Ou as modified by Song discloses the negative electrode of Claim 1 as set forth above. Upon the modification detailed in the rejection of Claim 1, the second negative electrode active material of modified Ou is the secondary graphite particles of Song. Song discloses that the secondary graphite particles may have an average size of about 15 µm [0019]. Thus, all of the limitations of Claim 3 are met.
In Regards to Claim 4 (Dependent Upon Claim 1):
Ou as modified by Song discloses the negative electrode of Claim 1 as set forth above. Upon the modification detailed in the rejection of Claim 1, the second negative electrode active material of modified Ou is the secondary graphite particles of Song, which comprise an agglomeration of primary graphite particles. Song discloses that the primary graphite particles have an average particle size of about 2 µm [0090]. Thus, all of the limitations of Claim 4 are met.
In Regards to Claim 5 (Dependent Upon Claim 1):
Ou as modified by Song discloses the negative electrode of Claim 1 as set forth above. Ou further discloses that the first negative electrode active material particles have an average particle diameter of equal to or less than 30 µm [0015]. Upon the modification detailed in the rejection of Claim 1, the second negative electrode active material of modified Ou is the secondary graphite particles of Song. Song discloses that the secondary graphite particles have an average particle size of about 15 µm [0090].
The skilled artisan would appreciate that there are multiple possible embodiments of modified Ou which meet the claim requirements of Claim 5. For example, if the first negative electrode active material particles have an average particle diameter of 20 µm and the second negative electrode active material secondary particles have an average particle diameter of 15 µm, the resulting ratio is 0.75 (within claimed range of ~0.1 to ~0.9). Thus, all of the limitations of Claim 5 are met.
In Regards to Claim 13 (Dependent Upon Claim 1):
Ou as modified by Song discloses the negative electrode of Claim 1 as set forth above. Ou further discloses that in the first negative electrode active material layer (2), the weight percentage of the first negative electrode active material may be between 95 wt % and 97.5 wt % [0022-0023]. Ou further discloses that in the second negative electrode active material layer (3), the weight percentage of the second negative electrode active material may be between 95 wt % and 97.5 wt % [0024-0025].
Therefore, the skilled artisan would appreciate that there are multiple possible embodiments of modified Ou which meet the claim requirements of Claim 13. For example, if both the first negative electrode active material and the second negative electrode active material are included in an amount of 95 wt% in the first negative electrode active material layer (2) and the second negative electrode active material layer (3), respectively, the skilled artisan would appreciate that in the negative electrode (negative electrode sheet), a weight ratio of the first negative electrode active material to the second negative electrode active material in their respective layers is 50:50.
The examiner notes that the term “a weight ratio” as written is a broad limitation and is subject to the broadest reasonable interpretation during the review of prior art. Thus, all of the limitations of Claim 13 are met.
In Regards to Claim 15 (Dependent Upon Claim 1):
Ou as modified by Song discloses the negative electrode of Claim 1 as set forth above. Ou further discloses a rechargeable lithium battery (lithium ion battery) comprising the negative electrode (negative electrode sheet) of Claim 1 (Figure 1, [0039]). Thus, all of the limitations of Claim 15 are met.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Ou et al. (CN 112018326 A) (citations made to English machine translation attached to this office action) as modified by Song et al. (US 2020/0411843 A1), as applied to Claim 1 above, further in view of Capiglia (US 2023/0246191 A1) and with evidentiary support from Liu et al. (Int. J. Electrochem. Sci., Volume 18, Issue 4, (2023)).
In Regards to Claim 12 (Dependent Upon Claim 1):
Ou as modified by Song discloses the negative electrode of Claim 1 as set forth above. Ou further discloses that the first negative electrode active material comprises at least one of artificial graphite and natural graphite (Figure 1, [0009, 0026]).
Modified Ou is deficient in disclosing that at least one of the first negative electrode active material or the second negative electrode active material is coated with amorphous carbon.
Capiglia discloses a negative electrode active material (anode material) comprising graphite particles having a secondary particle form, wherein the secondary graphite particles are comprised of an agglomeration of primary graphite particles (Figures 1a and 1b, [0015, 0068, 0098]). Capiglia further discloses that the primary graphite particles (and thus, the secondary graphite particles as well) are coated with a carbon-based material and then pyrolyzed [0015]. Capiglia further discloses that the carbon based material may be pitch, wherein the pitch-coated primary graphite particles are pyrolyzed at a temperature between 880°C and 1100°C for a period of 12 hours to 40 hours (time period includes heating and cooling) [0015, 0105]. Capiglia teaches that the negative electrode active material (anode material) particles as described above are able to be irregularly oriented relative to a negative electrode current collector due to their shape, which serves to lower lithium ion diffusion resistance and swelling in the negative electrode (anode) [0100].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to modify the first negative electrode active material (graphite particles) of Ou to include a pitch-coating and to perform the pyrolysis treatment described by Capiglia, in order to provide a negative electrode active material which serves to lower lithium ion diffusion resistance and swelling in the negative electrode, as taught by Capiglia. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
Liu discloses that pitch pyrolyzed at temperatures between 873 K (~600°C) and 1173 K (~900°C) for a period of 3 hours results in a fully amorphous carbon material (p.2, Results and discussion, Col.1, para.3 - Col. 2, para.2).
Therefore, the skilled artisan would expect that the pitch of the carbon coating of modified Ou would be fully amorphous carbon after being pyrolyzed at a temperature between 880°C and 1100°C for a period of 12 hours to 40 hours. As such, all of the limitations of Claim 12 are met.
Claims 6-8 are rejected under 35 U.S.C. 103 as being unpatentable over Ou et al. (CN 112018326 A) (citations made to English machine translation attached to this office action) as modified by Song et al. (US 2020/0411843 A1), as applied to Claim 1 above, further in view of Lee et al. (US 2020/0176753 A1).
In Regards to Claim 6 (Dependent Upon Claim 1):
Ou as modified by Song discloses the negative electrode of Claim 1 as set forth above.
Ou is silent to the specific surface area of the first negative electrode active material and the second negative electrode active material.
Lee discloses a negative electrode (100) for a lithium secondary battery, the negative electrode (100) comprising a current collector (negative electrode current collector, 110), a first negative electrode active material layer (first negative electrode mixture layer, 120), and a second negative electrode active material layer (third negative electrode mixture layer, 140) (Figure 1, [0025-0026]). Lee further discloses that the first negative electrode active material layer (first negative electrode mixture layer, 120) comprises a first negative electrode active material (first carbonaceous negative electrode active material) and the second negative electrode active material layer (third negative electrode mixture layer, 140) comprises a second negative electrode active material (second carbonaceous negative electrode active material) (Figure 1, [0025]). Lee further discloses that the first negative electrode active material (first carbonaceous negative electrode active material) may be natural graphite and the second negative electrode active material (second carbonaceous negative electrode active material) may be artificial graphite [0015]. Lee further discloses that the first negative electrode active material (first carbonaceous negative electrode active material) preferably has a specific surface area between 2.5 m2/g and 3.5 m2/g, and the second negative electrode active material (second carbonaceous negative electrode active material) preferably has a specific surface area between 0.7 m2/g and 1.2 m2/g [0052]. Lee teaches that when the first negative electrode active material (first carbonaceous negative electrode active material) has a specific surface area between 2.5 m2/g and 3.5 m2/g, adhesion of the electrode may be improved, and when the second negative electrode active material (second carbonaceous negative electrode active material) has a specific surface area between 0.7 m2/g and 1.2 m2/g, output characteristics may be improved [0053].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the first negative electrode active material and the second negative electrode active material of Ou, graphite materials having a specific surface area between 2.5 m2/g-3.5 m2/g and 0.7 m2/g-1.2 m2/g, respectively, as such ranges are known in the art as suitable for graphite particles in two separate active material layers of a negative electrode, as taught by Lee. Such a modification would allow the ordinarily skilled artisan to have a reasonable expectation of success in providing a negative electrode which has improved adhesion and improved output characteristics, as taught by Lee. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07).
Upon the above modification, the skilled artisan would appreciate that the second negative electrode material of modified Ou has a specific surface area which is smaller than the specific surface area of the first negative electrode material of modified Ou. Thus, all of the limitations of Claim 6 are met.
In Regards to Claim 7 (Dependent Upon Claim 1):
Ou as modified by Song discloses the negative electrode of Claim 1 as set forth above.
Ou is silent to the specific surface area of the first negative electrode active material.
Lee discloses a negative electrode (100) for a lithium secondary battery, the negative electrode (100) comprising a current collector (negative electrode current collector, 110), a first negative electrode active material layer (first negative electrode mixture layer, 120), and a second negative electrode active material layer (third negative electrode mixture layer, 140) (Figure 1, [0025-0026]). Lee further discloses that the first negative electrode active material layer (first negative electrode mixture layer, 120) comprises a first negative electrode active material (first carbonaceous negative electrode active material) and the second negative electrode active material layer (third negative electrode mixture layer, 140) comprises a second negative electrode active material (second carbonaceous negative electrode active material) (Figure 1, [0025]). Lee further discloses that the first negative electrode active material (first carbonaceous negative electrode active material) may be natural graphite and the second negative electrode active material (second carbonaceous negative electrode active material) may be artificial graphite [0015]. Lee further discloses that the first negative electrode active material (first carbonaceous negative electrode active material) preferably has a specific surface area between 2.5 m2/g and 3.5 m2/g, and the second negative electrode active material (second carbonaceous negative electrode active material) preferably has a specific surface area between 0.7 m2/g and 1.2 m2/g [0052]. Lee teaches that when the first negative electrode active material (first carbonaceous negative electrode active material) has a specific surface area between 2.5 m2/g and 3.5 m2/g, adhesion of the electrode may be improved, and when the second negative electrode active material (second carbonaceous negative electrode active material) has a specific surface area between 0.7 m2/g and 1.2 m2/g, output characteristics may be improved [0053].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the first negative electrode active material of Ou, a graphite material having a specific surface area between 2.5 m2/g-3.5 m2/g, as such a range is known in the art as suitable for graphite particles in an active material layer of a negative electrode, as taught by Lee. Such a modification would allow the ordinarily skilled artisan to have a reasonable expectation of success in providing a negative electrode which has improved adhesion, as taught by Lee. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Thus, all of the limitations of Claim 7 are met.
In Regards to Claim 8 (Dependent Upon Claim 1):
Ou as modified by Song discloses the negative electrode of Claim 1 as set forth above.
Ou is silent to the specific surface area of the second negative electrode active material.
Lee discloses a negative electrode (100) for a lithium secondary battery, the negative electrode (100) comprising a current collector (negative electrode current collector, 110), a first negative electrode active material layer (first negative electrode mixture layer, 120), and a second negative electrode active material layer (third negative electrode mixture layer, 140) (Figure 1, [0025-0026]). Lee further discloses that the first negative electrode active material layer (first negative electrode mixture layer, 120) comprises a first negative electrode active material (first carbonaceous negative electrode active material) and the second negative electrode active material layer (third negative electrode mixture layer, 140) comprises a second negative electrode active material (second carbonaceous negative electrode active material) (Figure 1, [0025]). Lee further discloses that the first negative electrode active material (first carbonaceous negative electrode active material) may be natural graphite and the second negative electrode active material (second carbonaceous negative electrode active material) may be artificial graphite [0015]. Lee further discloses that the first negative electrode active material (first carbonaceous negative electrode active material) preferably has a specific surface area between 2.5 m2/g and 3.5 m2/g, and the second negative electrode active material (second carbonaceous negative electrode active material) preferably has a specific surface area between 0.7 m2/g and 1.2 m2/g [0052]. Lee teaches that when the first negative electrode active material (first carbonaceous negative electrode active material) has a specific surface area between 2.5 m2/g and 3.5 m2/g, adhesion of the electrode may be improved, and when the second negative electrode active material (second carbonaceous negative electrode active material) has a specific surface area between 0.7 m2/g and 1.2 m2/g, output characteristics may be improved [0053].
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the second negative electrode active material of Ou, a graphite material having a specific surface area between 0.7 m2/g-1.2 m2/g, as such a range is known in the art as suitable for graphite particles in an active material layer of a negative electrode, as taught by Lee. Such a modification would allow the ordinarily skilled artisan to have a reasonable expectation of success in providing a negative electrode which has improved output characteristics, as taught by Lee. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Thus, all of the limitations of Claim 8 are met.
Claims 9-11 are rejected under 35 U.S.C. 103 as being unpatentable over Ou et al. (CN 112018326 A) (citations made to English machine translation attached to this office action) as modified by Song et al. (US 2020/0411843 A1), as applied to Claim 1 above, further in view of Cha et al. (KR 20190051606 A).
In lieu of a machine translation, all citations to Cha et al. (KR 20190051606 A) in this office action are made in reference to the equivalent U.S. Publication (US 2020/0335795 A1).
The examiner notes that although Cha et al. (KR 20190051606 A) shares a common Applicant with the instant application, it qualifies as prior art under 35 U.S.C. 102(a)(1) as it was published on 05/15/2019 which is before the effective filing date of the instant application (03/09/2021).
In Regards to Claim 9 (Dependent Upon Claim 1):
Ou as modified by Song discloses the negative electrode of Claim 1 as set forth above. Ou further discloses that a pressing step is performed on the negative electrode (negative electrode sheet) during manufacturing [0073].
Ou is silent to the pellet density of the first negative electrode active material and the second negative electrode active material.
Cha discloses a negative electrode (10) comprising a first negative electrode active material layer (first active material layer, 3) and a second negative electrode active material layer (second active material layer, 5) (Figure 1, [0027]). Cha further discloses that the first negative electrode active material layer (first active material layer, 3) comprises a first negative electrode active material and the second negative electrode active material layer (second active material layer, 5) comprises a second negative electrode active material (Figure 1, [0026-0027]). Cha further discloses that the first negative electrode active material and the second negative electrode active material may be graphite [0036-0037]. Cha further discloses that the first negative electrode active material and the second negative electrode active material may each have a pellet density between 1.1 g/cc and 2.0 g/cc [0016]. Cha further discloses that the pellet density of the second negative electrode active material may be smaller than the pellet density of the first negative electrode active material [0017]. Cha further discloses that when the pellet density of the second negative electrode active material is smaller than the pellet density of the first negative electrode active material, the first negative electrode active material layer is more compressed during a pressing step when forming the negative electrode (10), thus increasing the adhesion of the negative electrode (10), and the second negative electrode active material is relatively less compressed during a pressing step when forming the negative electrode (10), thus the electrolyte may be well impregnated (Figure 1, [0039]).
Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the first negative electrode active material and the second negative electrode active material of Ou, graphite materials having a pellet density between 1.1 g/cc and 2.0 g/cc, wherein the pellet density of the second negative electrode active material is smaller than the pellet density of the first negative electrode active material, as it is known in the art that such a range and configuration (i.e., the pellet density of the second negative electrode active material being smaller than the pellet density of the first negative electrode active material) is suitable for graphite particles in two separate active material layers of a negative electrode, as taught by Cha. Such a modification would allow the ordinarily skilled artisan to have a reasonable expectation of success in providing a negative electrode which has improved adhesion and wherein the electrolyte may be well impregnated, as taught by Cha. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modification, all of the limitations of Claim 9 are met.
In Regards to Claim 10 (Dependent Upon Claim 1):
Ou as modified by Song discloses the negative electrode of Claim 1 as set forth above. Ou further discloses that a pressing step is performed on the negative electrode (negative electrode sheet) during manufacturing [0073].
Ou is silent to the pellet density of the first negative electrode active material.
Cha discloses a negative electrode (10) comprising a first negative electrode active material layer (first active material layer, 3) and a second negative electrode active material layer (second active material layer, 5) (Figure 1, [0027]). Cha further discloses that the first negative electrode active material layer (first active material layer, 3) comprises a first negative electrode active material and the second negative electrode active material layer (second active material layer, 5) comprises a second negative electrode active material (Figure 1, [0026-0027]). Cha further discloses that the first negative electrode active material and the second negative electrode active material may be graphite [0036-0037]. Cha further discloses that the first negative electrode active material and the second negative electrode active material may each have a pellet density between 1.1 g/cc and 2.0 g/cc [0016]. Cha further discloses that the pellet density of the second negative electrode active material may be smaller than the pellet density of the first negative electrode active material [0017]. Cha further discloses that when the pellet density of the second negative electrode active material is smaller than the pellet density of the first negative electrode active material, the first negative electrode active material layer is more compressed during a pressing step when forming the negative electrode (10), thus increasing the adhesion of the negative electrode (10), and the second negative electrode active material is relatively less compressed during a pressing step when forming the negative electrode (10), thus the electrolyte may be well impregnated (Figure 1, [0039]).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case obviousness exists (MPEP §2144.05 I). Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the first negative electrode active material and the second negative electrode active material of Ou, graphite materials having a pellet density between 1.1 g/cc and 2.0 g/cc, wherein the pellet density of the second negative electrode active material is smaller than the pellet density of the first negative electrode active material, as it is known in the art that such a range and configuration (i.e., the pellet density of the second negative electrode active material being smaller than the pellet density of the first negative electrode active material) is suitable for graphite particles in two separate active material layers of a negative electrode, as taught by Cha. Such a modification would allow the ordinarily skilled artisan to have a reasonable expectation of success in providing a negative electrode which has improved adhesion and wherein the electrolyte may be well impregnated, as taught by Cha. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modification, all of the limitations of Claim 10 are met.
In Regards to Claim 11 (Dependent Upon Claim 1):
Ou as modified by Song discloses the negative electrode of Claim 1 as set forth above. Ou further discloses that a pressing step is performed on the negative electrode (negative electrode sheet) during manufacturing [0073].
Ou is silent to the pellet density of the second negative electrode active material.
Cha discloses a negative electrode (10) comprising a first negative electrode active material layer (first active material layer, 3) and a second negative electrode active material layer (second active material layer, 5) (Figure 1, [0027]). Cha further discloses that the first negative electrode active material layer (first active material layer, 3) comprises a first negative electrode active material and the second negative electrode active material layer (second active material layer, 5) comprises a second negative electrode active material (Figure 1, [0026-0027]). Cha further discloses that the first negative electrode active material and the second negative electrode active material may be graphite [0036-0037]. Cha further discloses that the first negative electrode active material and the second negative electrode active material may each have a pellet density between 1.1 g/cc and 2.0 g/cc [0016]. Cha further discloses that the pellet density of the second negative electrode active material may be smaller than the pellet density of the first negative electrode active material [0017]. Cha further discloses that when the pellet density of the second negative electrode active material is smaller than the pellet density of the first negative electrode active material, the first negative electrode active material layer is more compressed during a pressing step when forming the negative electrode (10), thus increasing the adhesion of the negative electrode (10), and the second negative electrode active material is relatively less compressed during a pressing step when forming the negative electrode (10), thus the electrolyte may be well impregnated (Figure 1, [0039]).
In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case obviousness exists (MPEP §2144.05 I). Therefore, it would be obvious to one of ordinary skill in the art at the time of the filing of the invention to select for the first negative electrode active material and the second negative electrode active material of Ou, graphite materials having a pellet density between 1.1 g/cc and 2.0 g/cc, wherein the pellet density of the second negative electrode active material is smaller than the pellet density of the first negative electrode active material, as it is known in the art that such a range and configuration (i.e., the pellet density of the second negative electrode active material being smaller than the pellet density of the first negative electrode active material) is suitable for graphite particles in two separate active material layers of a negative electrode, as taught by Cha. Such a modification would allow the ordinarily skilled artisan to have a reasonable expectation of success in providing a negative electrode which has improved adhesion and wherein the electrolyte may be well impregnated, as taught by Cha. Furthermore, the selection of a known material based on its suitability for its intended use supports a prima facie obviousness determination (MPEP 2144.07). Upon the above modification, all of the limitations of Claim 11 are met.
Response to Arguments
Applicant’s arguments, filed 11/26/2025, with respect to the rejection of Claims 1-13, and 15 under 35 U.S.C. 103 have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new grounds of rejection is made in view of Ou et al. (CN 112018326 A), Song et al. (US 2020/0411843 A1), Capiglia (US 2023/0246191 A1), Lee et al. (US 2020/0176753 A1), and Cha et al. (KR 20190051606 A), with evidentiary support from Liu et al. (Int. J. Electrochem. Sci., Volume 18, Issue 4, (2023)).
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.
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/E.E.F./ Examiner, Art Unit 1724
/MIRIAM STAGG/Supervisory Patent Examiner, Art Unit 1724
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