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 .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 05/14/2026 has been entered.
Response to Amendment
Examiner notes the following amendments made to the claims:
Claim 1 amended
New claims 9-18 added
Response to Arguments
Applicant’s arguments, filed 05/14/2026, with respect to the rejection(s) of claim(s) 1-8 under 35 USC 103 have been fully considered and are persuasive. Specifically, by further amending to specify the difference in internal porosity of the graphite particles in the first and second negative electrode mixture layers, the previously applied prior art is overcome. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection is made further in view of Sugaya (US 20210159489 A1), which teaches the subject matter added into amended claim 1, and would be obvious to combine with the previously used references. Examiner acknowledges that Sugaya comes from the same assignee as the instant application, but since it was filed before the earliest priority of the instant application, and does not disclose the same subject matter or claimed invention, it is still considered valid as prior art under 35 USC 102(a)(2). Additionally, Sugaya was owned by both Panasonic and Sanyo at the time of filing, not solely Sanyo. Specifically, Sugaya teaches a graphite material A and a graphite material B with different internal porosities, where the graphite particles A with a smaller internal porosity are further away from the current collector, and where the two graphite particles have the same average particle size. Claim 1 is now rejected in view of Ahn, Sugimori, and Sugaya, and claims 2-8 are now rejected in view of Ahn, Sugimori, Sugaya, Wang, and Lee. New claims 9-18 are also all rejected in view of the same references as the prior rejection and further in view of Sugaya, as the subject matter disclosed in independent claim 10 is essentially the same as claim 1, except specifying that each layer comprises a different graphite particle, which is taught by both Ahn and Sugaya. Due to the possibility of a statement being issued which invalidates Sugaya as prior art, examiner also rejects all claims further in view of Oura (WO 2021059705 A1, US 20220344659 A1 used as translation). Oura was filed prior to the earliest filing date of the instant application, and therefore is valid as a piece of art under 35 USC 102 (a)(2). Oura also teaches the limitations of claim 1 that are not found in Ahn and Sugimori.
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) 1-4, 9-13, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ahn (US 20140287316 A1) in view of Sugimori (US 20190173085 A1), as evidenced by the instant specification paragraph [0054], and further in view of Sugaya (US 20210159489 A1).
Regarding claim 1, Ahn teaches all of the following elements:
A non-aqueous electrolyte secondary battery comprising: (“Examples of the electrolyte of the lithium secondary battery may be an organic electrolyte solution, in which a lithium salt is dissolved in a non-aqueous solvent, or a polymer electrolyte solution.” Ahn [0054])
an electrode assembly in which a positive electrode and a negative electrode oppose each other with a separator therebetween: (“A polyethylene separator was disposed between the anode and the cathode, and the product thus obtained was put into a battery case.” Ahn [0066])
a non-aqueous electrolyte: (“Examples of the electrolyte of the lithium secondary battery may be an organic electrolyte solution, in which a lithium salt is dissolved in a non-aqueous solvent, or a polymer electrolyte solution.” Ahn [0054])
and an outer housing that houses the electrode assembly and the non-aqueous electrolyte, (“A polyethylene separator was disposed between the anode and the cathode, and the product thus obtained was put into a battery case.” Ahn [0066])
wherein the negative electrode comprises a negative electrode current collector, a first negative electrode mixture layer provided over a surface of the negative electrode current collector, and a second negative electrode mixture layer provided over a surface of the first negative electrode mixture layer, (“According to an aspect of the present invention, there is provided an anode including: an electrode current collector; and a multi-layered active material layer formed on the electrode current collector, wherein the multi-layered active material layer includes a first anode active material layer including a first anode active material; and a second anode active material layer including a second anode active material” Ahn [0013])
the first negative electrode mixture layer and the second negative electrode mixture layer include graphite particles. (“Also, in the anode according to the present invention, the first anode active material and the second anode active material may include crystalline carbon, such as natural graphite and artificial graphite” Ahn [0024])
a ratio (D2 D1) of a packing density (D2) of the second negative electrode mixture layer to a packing density (D1) of the first negative electrode mixture layer is 0.9 - 1. 1. (“Also, in the anode according to the embodiment of the present invention, a ratio of the press density of the first anode active material to the press density of the second anode active material may be in a range of 1.1:1 to 3:1, for example, 1.1:1 to 1.5:1 under a pressure of 12 MPa to 16 MPa.” Ahn [0028])
The examiner takes note of the fact that the prior art range of 1.1:1 to 3:1 for the ratio of packing densities between the first and second active material layers overlaps the claimed range of 0.9:1 to 1.1:1. Absent any additional and more specific information in the prior art, a prima facie case of obviousness exists. In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379 (Fed. Cir. 2003). MPEP 2144.05.
the separator has a first surface which is in contact with the positive electrode and a second surface which is in contact with the negative electrode. (“A polyethylene separator was disposed between the anode and the cathode, and the product thus obtained was put into a battery case.” Ahn [0066])
Ahn is silent on the following elements of claim 1:
and a contact angle of the first surface with respect to ethylene carbonate is smaller than a contact angle of the second surface with respect to ethylene carbonate.
an internal porosity of the graphite particles included in the first negative electrode mixture layer is higher than an internal porosity of the graphite particles included in the second negative electrode mixture layer,
a ratio (S2SI) of a second inter-particle porosity (S2) between the graphite particles in the second negative electrode mixture layer to a first inter-particle porosity (Si) between the graphite particles in the first negative electrode mixture layer is 1.1 2.0.
Sugaya teaches the following elements of claim 1 that are not found in Ahn:
an internal porosity of the graphite particles included in the first negative electrode mixture layer is higher than an internal porosity of the graphite particles included in the second negative electrode mixture layer, (“In the present embodiment, the graphite particles A are more included in a half region 42b on the outer surface side than in a half region 42a on the negative electrode current collector side in the case of bisection of the negative electrode active material layer 42 shown in FIG. 2 in the thickness direction.” And “Such graphite particles 30 in the present embodiment include graphite particles A having a porosity due to closed pores of 5% or less and graphite particles B having a porosity due to closed pores of 8% to 20%.” Sugaya [0028]. Sugaya teaches a negative electrode active material layer with two sub-layers within it, one which contains more of a graphite particle A and one which contains more of a graphite particle B, and wherein the internal porosity of graphite particle A is smaller than that of graphite particle B. Since graphite particle B is the one closer to the current collector, this corresponds to the first negative electrode active material layer, and has a higher internal porosity than the second negative electrode active material layer, which comprises graphite particle A and is further from the current collector.)
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a ratio (S2SI) of a second inter-particle porosity (S2) between the graphite particles in the second negative electrode mixture layer to a first inter-particle porosity (Si) between the graphite particles in the first negative electrode mixture layer is 1.1-2.0. (“Such graphite particles 30 in the present embodiment include graphite particles A having a porosity due to closed pores of 5% or less and graphite particles B having a porosity due to closed pores of 8% to 20%.” Sugaya [0028].”)
The examiner takes note of the fact that the prior art range of 1.6 (in the case of 5% internal porosity for graphite particle A and 8% internal porosity for graphite particle B) to 20 (in the case of 1% internal porosity for particle A and 20% internal porosity for particle B) for the ratio of internal porosities between the first and second active material layers overlaps the claimed range of 1.1-2.0. Absent any additional and more specific information in the prior art, a prima facie case of obviousness exists. In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379 (Fed. Cir. 2003). MPEP 2144.05.
Sugaya and Ahn are considered to be analogous because they are both within the same field of negative electrodes for lithium secondary batteries containing a first and second negative electrode active material layer, which both contain a graphite material. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Ahn to use the graphite particles A and graphite particles B of Sugaya as the first and second negative electrode active particles in order to improve adhesiveness between the negative electrode current collector and graphite particles (“On the other hand, the graphite particles A having a porosity due to closed pores of 5% or less are less included in the half region of the negative electrode active material layer on the negative electrode current collector side (consequently, graphite particles B that properly collapse in electrode formation are more included), and thus adhesiveness between the negative electrode current collector and graphite particles is ensured and such graphite particles are hardly peeled from the negative electrode current collector even under severe conditions as in rapid charge.” Sugaya [0016]) as well as to suppress deterioration in rapid charge cycle conditions (“According to one aspect of the present disclosure, a non-aqueous electrolyte secondary battery can be provided that can be suppressed in deterioration in rapid charge cycle characteristics.” Sugaya [0009])
Sugaya and Ahn are silent on the following elements of claim 1:
and a contact angle of the first surface with respect to ethylene carbonate is smaller than a contact angle of the second surface with respect to ethylene carbonate.
However, Sugimori teaches all of the elements of claim 1 that aren’t found in Ahn or Sugaya. Specifically, Sugimori teaches the exact separator used in the claimed invention, which would inherently have the same contact angles as are claimed:
and a contact angle of the first surface with respect to ethylene carbonate is smaller than a contact angle of the second surface with respect to ethylene carbonate. (“Examples of the separator include separators made of polypropylene, separators made of polyethylene, polypropylene-polyethylene multilayer separators, separators surface-coated with resin such as an aramid resin, and separators containing cellulose. The separator used is preferably a polypropylene-containing separator.” Sugimori [0055] and “A layer made of an inorganic filler may be placed at the interface between the positive electrode and the separator or the interface between the negative electrode and the separator. Examples of the filler include oxides containing one or more of titanium, aluminium” Sugimori [0056]. In this case, by using a separator comprising a base layer of microporous polypropylene with a coating layer of aramid resin, and a layer or aluminum oxide mixed with the aramid resin coating, the same separator as used in the instant application would be formed. Thus, all of the limitations would be met, as the separator detailed in the instant specification must meet the limitations regarding contact angle with respect to ethylene carbonate “An aramid resin including alumina was applied by the doctor blade method over one surface of a polypropylene microporous film serving as a base material layer, was dried, and was compressed, to produce a separator having a coating layer.” Instant spec [0054])
Ahn and Sugimori are considered to be analogous because they are both within the same field of non-aqueous electrolyte secondary batteries. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the battery of Ahn to substitute its separator with that of Sugimori, as this would be a simple substitution of one separator used in a non-aqueous electrolyte secondary battery for another, and the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. (see MPEP § 2143, B.).
The limitations of claims 2-4, 9 would all be met by using the separator of Sugimori and graphite particles of Sugaya without requiring any additional modifications or motivation.
Regarding claim 2, modified Ahn teaches all of the limitations of claim 1, as shown above. Ahn is silent on the following elements of claim 2:
The non-aqueous electrolyte secondary battery according to claim 1, wherein the separator includes a base material layer and a coating layer, and the coating layer is placed over the first surface.
However, Sugimori teaches all of the elements of claim 2 not found in Ahn. Specifically, Sugimori teaches:
The non-aqueous electrolyte secondary battery according to claim 1, wherein the separator includes a base material layer and a coating layer, and the coating layer is placed over the first surface. (“Examples of the separator include separators made of polypropylene, separators made of polyethylene, polypropylene-polyethylene multilayer separators, separators surface-coated with resin such as an aramid resin, and separators containing cellulose. The separator used is preferably a polypropylene-containing separator.” Sugimori [0055] and “A layer made of an inorganic filler may be placed at the interface between the positive electrode and the separator or the interface between the negative electrode and the separator. Examples of the filler include oxides containing one or more of titanium, aluminium” Sugimori [0056]. In this case, by using a separator comprising a base layer of microporous polypropylene with a coating layer of aramid resin, and a layer or aluminum oxide mixed with the aramid resin coating, the same separator as used in the instant application would be formed.)
Regarding claim 3, modified Ahn teaches all of the limitations of claim 2, as shown above. Ahn is silent on the following elements of claim 3:
The non-aqueous electrolyte secondary battery according to claim 2, wherein the base material layer includes a polyolefin-based resin.
However, Sugimori teaches all of the elements of claim 3 not found in Ahn. Specifically, Sugimori teaches:
The non-aqueous electrolyte secondary battery according to claim 2, wherein the base material layer includes a polyolefin-based resin. (“Examples of the separator include separators made of polypropylene, separators made of polyethylene, polypropylene-polyethylene multilayer separators, separators surface-coated with resin such as an aramid resin, and separators containing cellulose. The separator used is preferably a polypropylene-containing separator.” Sugimori [0055] and “A layer made of an inorganic filler may be placed at the interface between the positive electrode and the separator or the interface between the negative electrode and the separator. Examples of the filler include oxides containing one or more of titanium, aluminium” Sugimori [0056]. In this case, by using a separator comprising a base layer of microporous polypropylene with a coating layer of aramid resin, and a layer or aluminum oxide mixed with the aramid resin coating, the same separator as used in the instant application would be formed.)
Regarding claim 4, modified Ahn teaches all of the limitations of claim 2, as shown above. Ahn is silent on the following elements of claim 4:
The non-aqueous electrolyte secondary battery according to claim 2, wherein the coating layer includes an aramid resin and inorganic particles.
However, Sugimori teaches all of the elements of claim 4 not found in Ahn. Specifically, Sugimori teaches:
The non-aqueous electrolyte secondary battery according to claim 2, wherein the coating layer includes an aramid resin and inorganic particles. (“Examples of the separator include separators made of polypropylene, separators made of polyethylene, polypropylene-polyethylene multilayer separators, separators surface-coated with resin such as an aramid resin, and separators containing cellulose. The separator used is preferably a polypropylene-containing separator.” Sugimori [0055] and “A layer made of an inorganic filler may be placed at the interface between the positive electrode and the separator or the interface between the negative electrode and the separator. Examples of the filler include oxides containing one or more of titanium, aluminium” Sugimori [0056]. In this case, by using a separator comprising a base layer of microporous polypropylene with a coating layer of aramid resin, and a layer or aluminum oxide mixed with the aramid resin coating, the same separator as used in the instant application would be formed.)
Regarding claim 9, modified Ahn teaches all of the elements of claim 1, as shown above. Ahn is silent on the following elements of claim 9:
The non-aqueous electrolyte secondary battery according to Claim 1, wherein an average particle size of the graphite particles included in the first negative electrode mixture layer is equal to an average particle size of the graphite particles included in the second negative electrode mixture layer.
However, Sugaya teaches all of the elements of claim 9 that are not found in Ahn:
The non-aqueous electrolyte secondary battery according to Claim 1, wherein an average particle size of the graphite particles included in the first negative electrode mixture layer is equal to an average particle size of the graphite particles included in the second negative electrode mixture layer. (“to thereby obtain graphite particles A having an average particle size (median size D50) of 23 μm.” Sugaya [0064] and “ to thereby obtain graphite particles B having an average particle size (median size D50) of 23 μm.” Sugaya [0066]. By modifying Ahn to use the graphite particles A and graphite particles B of Sugaya, as described above in claim 1, this limitation would be met without requiring any further modification or motivation, as Sugaya teaches that both particles have equal average particle sizes.)
Regarding claim 10, Ahn teaches the following elements:
A non-aqueous electrolyte secondary battery comprising: (“Examples of the electrolyte of the lithium secondary battery may be an organic electrolyte solution, in which a lithium salt is dissolved in a non-aqueous solvent, or a polymer electrolyte solution.” Ahn [0054])
an electrode assembly in which a positive electrode and a negative electrode oppose each other with a separator therebetween; (“A polyethylene separator was disposed between the anode and the cathode, and the product thus obtained was put into a battery case.” Ahn [0066])
a non-aqueous electrolyte; (“Examples of the electrolyte of the lithium secondary battery may be an organic electrolyte solution, in which a lithium salt is dissolved in a non-aqueous solvent, or a polymer electrolyte solution.” Ahn [0054])
and an outer housing that houses the electrode assembly and the non-aqueous electrolyte, (“A polyethylene separator was disposed between the anode and the cathode, and the product thus obtained was put into a battery case.” Ahn [0066])
wherein the negative electrode comprises a negative electrode current collector, a first negative electrode mixture layer provided over a surface of the negative electrode current collector, and a second negative electrode mixture layer provided over a surface of the first negative electrode mixture layer, (“According to an aspect of the present invention, there is provided an anode including: an electrode current collector; and a multi-layered active material layer formed on the electrode current collector, wherein the multi-layered active material layer includes a first anode active material layer including a first anode active material; and a second anode active material layer including a second anode active material” Ahn [0013])
the first negative electrode mixture layer includes first graphite particles, (“Also, in the anode according to the present invention, the first anode active material and the second anode active material may include crystalline carbon, such as natural graphite and artificial graphite having a maximum theoretical capacity limit of 372 mAh/g (844 mAh/cc); amorphous carbon such as soft carbon and hard carbon; or a mixture thereof, in order to secure high energy density.” Ahn [0024]. In this case, the first negative electrode mixture layer could comprise natural graphite or artificial graphite.)
the second negative electrode mixture layer includes second graphite particles, (“Also, in the anode according to the present invention, the first anode active material and the second anode active material may include crystalline carbon, such as natural graphite and artificial graphite having a maximum theoretical capacity limit of 372 mAh/g (844 mAh/cc); amorphous carbon such as soft carbon and hard carbon; or a mixture thereof, in order to secure high energy density.” Ahn [0024]. In this case, the second negative electrode mixture layer could comprise natural graphite or artificial graphite.)
a ratio (D2/D1) of a packing density (D2) of the second negative electrode mixture layer to a packing density (D1) of the first negative electrode mixture layer is 0.9 ~ 1.1, (“Also, in the anode according to the embodiment of the present invention, a ratio of the press density of the first anode active material to the press density of the second anode active material may be in a range of 1.1:1 to 3:1, for example, 1.1:1 to 1.5:1 under a pressure of 12 MPa to 16 MPa.” Ahn [0028])
The examiner takes note of the fact that the prior art range of 1.1:1 to 3:1 for the ratio of packing densities between the first and second active material layers overlaps the claimed range of 0.9:1 to 1.1:1. Absent any additional and more specific information in the prior art, a prima facie case of obviousness exists. In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379 (Fed. Cir. 2003). MPEP 2144.05.
the separator has a first surface which is in contact with the positive electrode and a second surface which is in contact with the negative electrode, (“A polyethylene separator was disposed between the anode and the cathode, and the product thus obtained was put into a battery case.” Ahn [0066])
Ahn is silent on the following elements of claim 10:
a second internal porosity of the second graphite particles is lower than a first internal porosity of the first graphite particles,
a ratio (S2/S1) of a second inter-particle porosity (S2) between the graphite particles in the second negative electrode mixture layer to a first inter-particle porosity (Si) between the graphite particles in the first negative electrode mixture layer is 1.1 ~ 2.0,
and a contact angle of the first surface with respect to ethylene carbonate is smaller than a contact angle of the second surface with respect to ethylene carbonate.
Sugaya teaches the following elements of claim 10:
a second internal porosity of the second graphite particles is lower than a first internal porosity of the first graphite particles, (“In the present embodiment, the graphite particles A are more included in a half region 42b on the outer surface side than in a half region 42a on the negative electrode current collector side in the case of bisection of the negative electrode active material layer 42 shown in FIG. 2 in the thickness direction.” And “Such graphite particles 30 in the present embodiment include graphite particles A having a porosity due to closed pores of 5% or less and graphite particles B having a porosity due to closed pores of 8% to 20%.” Sugaya [0028]. Sugaya teaches a negative electrode active material layer with two sub-layers within it, one which contains more of a graphite particle A and one which contains more of a graphite particle B, and wherein the internal porosity of graphite particle A is smaller than that of graphite particle B. Since graphite particle B is the one closer to the current collector, this corresponds to the first graphite particle in the first negative electrode active material layer, and has a higher internal porosity than the second negative electrode active material layer, which comprises graphite particle A and is further from the current collector, and would correspond to the second graphite particle in the second negative electrode layer having a lower internal porosity.)
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a ratio (S2/S1) of a second inter-particle porosity (S2) between the graphite particles in the second negative electrode mixture layer to a first inter-particle porosity (Si) between the graphite particles in the first negative electrode mixture layer is 1.1 ~ 2.0, (“Such graphite particles 30 in the present embodiment include graphite particles A having a porosity due to closed pores of 5% or less and graphite particles B having a porosity due to closed pores of 8% to 20%.” Sugaya [0028].”)
The examiner takes note of the fact that the prior art range of 1.6 (in the case of 5% internal porosity for graphite particle A and 8% internal porosity for graphite particle B) to 20 (in the case of 1% internal porosity for particle A and 20% internal porosity for particle B) for the ratio of internal porosities between the first and second active material layers overlaps the claimed range of 1.1-2.0. Absent any additional and more specific information in the prior art, a prima facie case of obviousness exists. In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379 (Fed. Cir. 2003). MPEP 2144.05.
Sugaya and Ahn are considered to be analogous because they are both within the same field of negative electrodes for lithium secondary batteries containing a first and second negative electrode active material layer, which both contain a graphite material. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Ahn to use the graphite particles A and graphite particles B of Sugaya as the first and second negative electrode active particles in order to improve adhesiveness between the negative electrode current collector and graphite particles (“On the other hand, the graphite particles A having a porosity due to closed pores of 5% or less are less included in the half region of the negative electrode active material layer on the negative electrode current collector side (consequently, graphite particles B that properly collapse in electrode formation are more included), and thus adhesiveness between the negative electrode current collector and graphite particles is ensured and such graphite particles are hardly peeled from the negative electrode current collector even under severe conditions as in rapid charge.” Sugaya [0016]) as well as to suppress deterioration in rapid charge cycle conditions (“According to one aspect of the present disclosure, a non-aqueous electrolyte secondary battery can be provided that can be suppressed in deterioration in rapid charge cycle characteristics.” Sugaya [0009])
Sugaya and Ahn are silent on the following elements of claim 10:
and a contact angle of the first surface with respect to ethylene carbonate is smaller than a contact angle of the second surface with respect to ethylene carbonate.
However, Sugimori teaches all of the elements of claim 10 that aren’t found in Ahn or Sugaya. Specifically, Sugimori teaches the exact separator used in the claimed invention, which would inherently have the same contact angles as are claimed:
and a contact angle of the first surface with respect to ethylene carbonate is smaller than a contact angle of the second surface with respect to ethylene carbonate. (“Examples of the separator include separators made of polypropylene, separators made of polyethylene, polypropylene-polyethylene multilayer separators, separators surface-coated with resin such as an aramid resin, and separators containing cellulose. The separator used is preferably a polypropylene-containing separator.” Sugimori [0055] and “A layer made of an inorganic filler may be placed at the interface between the positive electrode and the separator or the interface between the negative electrode and the separator. Examples of the filler include oxides containing one or more of titanium, aluminium” Sugimori [0056]. In this case, by using a separator comprising a base layer of microporous polypropylene with a coating layer of aramid resin, and a layer or aluminum oxide mixed with the aramid resin coating, the same separator as used in the instant application would be formed. Thus, all of the limitations would be met, as the separator detailed in the instant specification must meet the limitations regarding contact angle with respect to ethylene carbonate “An aramid resin including alumina was applied by the doctor blade method over one surface of a polypropylene microporous film serving as a base material layer, was dried, and was compressed, to produce a separator having a coating layer.” Instant spec [0054])
Ahn and Sugimori are considered to be analogous because they are both within the same field of non-aqueous electrolyte secondary batteries. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the battery of Ahn to substitute its separator with that of Sugimori, as this would be a simple substitution of one separator used in a non-aqueous electrolyte secondary battery for another, and the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. (see MPEP § 2143, B.).
The limitations of claims 11-13, 18 would all be met by using the separator of Sugimori and graphite particles of Sugaya without requiring any additional modifications or motivation.
Regarding claim 11, modified Ahn teaches all of the limitations of claim 10, as shown above. Ahn is silent on the following elements of claim 11:
The non-aqueous electrolyte secondary battery according to claim 10, wherein the separator includes a base material layer and a coating layer, and the coating layer is placed over the first surface.
However, Sugimori teaches all of the elements of claim 11 not found in Ahn. Specifically, Sugimori teaches:
The non-aqueous electrolyte secondary battery according to claim 10, wherein the separator includes a base material layer and a coating layer, and the coating layer is placed over the first surface. (“Examples of the separator include separators made of polypropylene, separators made of polyethylene, polypropylene-polyethylene multilayer separators, separators surface-coated with resin such as an aramid resin, and separators containing cellulose. The separator used is preferably a polypropylene-containing separator.” Sugimori [0055] and “A layer made of an inorganic filler may be placed at the interface between the positive electrode and the separator or the interface between the negative electrode and the separator. Examples of the filler include oxides containing one or more of titanium, aluminium” Sugimori [0056]. In this case, by using a separator comprising a base layer of microporous polypropylene with a coating layer of aramid resin, and a layer or aluminum oxide mixed with the aramid resin coating, the same separator as used in the instant application would be formed.)
Regarding claim 12, modified Ahn teaches all of the limitations of claim 11, as shown above. Ahn is silent on the following elements of claim 12:
The non-aqueous electrolyte secondary battery according to claim 11, wherein the base material layer includes a polyolefin-based resin.
However, Sugimori teaches all of the elements of claim 12 not found in Ahn. Specifically, Sugimori teaches:
The non-aqueous electrolyte secondary battery according to claim 11, wherein the base material layer includes a polyolefin-based resin. (“Examples of the separator include separators made of polypropylene, separators made of polyethylene, polypropylene-polyethylene multilayer separators, separators surface-coated with resin such as an aramid resin, and separators containing cellulose. The separator used is preferably a polypropylene-containing separator.” Sugimori [0055] and “A layer made of an inorganic filler may be placed at the interface between the positive electrode and the separator or the interface between the negative electrode and the separator. Examples of the filler include oxides containing one or more of titanium, aluminium” Sugimori [0056]. In this case, by using a separator comprising a base layer of microporous polypropylene with a coating layer of aramid resin, and a layer or aluminum oxide mixed with the aramid resin coating, the same separator as used in the instant application would be formed.)
Regarding claim 13, modified Ahn teaches all of the limitations of claim 11, as shown above. Ahn is silent on the following elements of claim 13:
The non-aqueous electrolyte secondary battery according to claim 11, wherein the coating layer includes an aramid resin and inorganic particles.
However, Sugimori teaches all of the elements of claim 13 not found in Ahn. Specifically, Sugimori teaches:
The non-aqueous electrolyte secondary battery according to claim 11, wherein the coating layer includes an aramid resin and inorganic particles. (“Examples of the separator include separators made of polypropylene, separators made of polyethylene, polypropylene-polyethylene multilayer separators, separators surface-coated with resin such as an aramid resin, and separators containing cellulose. The separator used is preferably a polypropylene-containing separator.” Sugimori [0055] and “A layer made of an inorganic filler may be placed at the interface between the positive electrode and the separator or the interface between the negative electrode and the separator. Examples of the filler include oxides containing one or more of titanium, aluminium” Sugimori [0056]. In this case, by using a separator comprising a base layer of microporous polypropylene with a coating layer of aramid resin, and a layer or aluminum oxide mixed with the aramid resin coating, the same separator as used in the instant application would be formed.)
Regarding claim 18, modified Ahn teaches all of the elements of claim 10, as shown above. Ahn is silent on the following elements of claim 18:
The non-aqueous electrolyte secondary battery according to claim 10, wherein the first graphite particles and the second graphite particles are equal in average particle size.
However, Sugaya teaches all of the elements of claim 18 that are not found in Ahn:
The non-aqueous electrolyte secondary battery according to claim 10, wherein the first graphite particles and the second graphite particles are equal in average particle size. (“to thereby obtain graphite particles A having an average particle size (median size D50) of 23 μm.” Sugaya [0064] and “ to thereby obtain graphite particles B having an average particle size (median size D50) of 23 μm.” Sugaya [0066]. By modifying Ahn to use the graphite particles A and graphite particles B of Sugaya, as described above in claim 1 and 10, this limitation would be met without requiring any further modification or motivation, as Sugaya teaches that both particles have equal average particle sizes.)
Claim(s) 5-6, 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ahn (US 20140287316 A1) in view of Sugimori (US 20190173085 A1) further in view of Sugaya (US 20210159489 A1), and further in view of Wang (US 20170125806 A1).
Regarding claim 5, modified Ahn teaches all of the elements of claim 1, as shown above. Ahn, Sugaya, and Sugimori are silent on the following elements of claim 5:
The non-aqueous electrolyte secondary battery according to claim 1, wherein each of the packing density (D1) of the first negative electrode mixture layer and the packing density (D2) of the second negative electrode mixture layer is 1.3 g/cm3 ~ 2.0 g/cm3.
However, Wang teaches all of the elements of claim 5 that aren’t found in Sugimori or Ahn. Specifically, Wang teaches:
The non-aqueous electrolyte secondary battery according to claim 1, wherein each of the packing density (D1) of the first negative electrode mixture layer and the packing density (D2) of the second negative electrode mixture layer is 1.3 g/cm3 ~ 2.0 g/cm3. (“Specifically, the density of the first region 12a is preferably 1.5 to 2.1 g/cm3 and more preferably 1.7 to 1.9 g/cm3 The density of the second region 12b is preferably 1.7 to 2.3 g/cm3 and more preferably 1.9 to 2.1 g/cm3” Wang [0039])
Wang is considered to be analogous to Ahn as they are both related to secondary batteries with two negative electrode active material layers. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the negative electrode active material layers of Ahn to have the specific densities and presence of a silicon material of Wang in order to improve the ability of electrolyte solution to pass through the first region into the second, improving lithium ion conductivity (“the density of the first region containing a larger amount of the silicon material decreases as a result of charging and discharging, many pores are formed between active materials in the first region, which makes it easy for an electrolyte solution to pass through the first region and thus improves lithium ion conductivity. When the lithium ion conductivity of the first region containing a large amount of the silicon material improves, high capacity and good discharge rate characteristics are obtained.” Wang [0014]). Additionally, the inclusion of silicon material would be obvious as it was known before the effective filing date of the claimed invention that silicon materials can intercalate more lithium ions per unit volume than graphite (“silicon materials, such as silicon (Si) and silicon oxide represented by SiO.sub.x, can intercalate more lithium ions per unit volume than carbon materials, such as graphite, use of silicon materials in negative electrodes of lithium ion batteries or other batteries has been studied.” Wang [0002]).
By using the packing density and silicon additive of Wang, the limitations of claim 6 would also be met without requiring any further modification or motivation.
Regarding claim 6, modified Ahn teaches all of the elements of claim 5, as shown above. Ahn and Sugimori are silent on the following elements of claim 6:
The non-aqueous electrolyte secondary battery according to claim 5 ,wherein at least one of the first negative electrode mixture layer or the second negative electrode mixture layer includes a Si-based material.
However, Wang teaches all of the elements of claim 6 that aren’t found in Sugimori or Ahn. Specifically, Wang teaches:
The non-aqueous electrolyte secondary battery according to claim 5 ,wherein at least one of the first negative electrode mixture layer or the second negative electrode mixture layer includes a Si-based material. (“The negative-electrode mixture layer contains graphite and a silicon material. The first region of the negative-electrode mixture layer contains a larger amount of the silicon material than the second region of the mixture layer. The first region has a lower density than the second region.” Wang [0012])
Regarding claim 14, modified Ahn teaches all of the elements of claim 10, as shown above. Ahn, Sugaya, and Sugimori are silent on the following elements of claim 14:
The non-aqueous electrolyte secondary battery according to claim 10, wherein each of the packing density (D1) of the first negative electrode mixture layer and the packing density (D2) of the second negative electrode mixture layer is 1.3 g/cm3~ 2.0 g/cm3.
However, Wang teaches all of the elements of claim 14 that aren’t found in Sugimori or Ahn. Specifically, Wang teaches:
The non-aqueous electrolyte secondary battery according to claim 10, wherein each of the packing density (D1) of the first negative electrode mixture layer and the packing density (D2) of the second negative electrode mixture layer is 1.3 g/cm3~ 2.0 g/cm3. (“Specifically, the density of the first region 12a is preferably 1.5 to 2.1 g/cm3 and more preferably 1.7 to 1.9 g/cm3 The density of the second region 12b is preferably 1.7 to 2.3 g/cm3 and more preferably 1.9 to 2.1 g/cm3” Wang [0039])
Wang is considered to be analogous to Ahn as they are both related to secondary batteries with two negative electrode active material layers. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the negative electrode active material layers of Ahn to have the specific densities and presence of a silicon material of Wang in order to improve the ability of electrolyte solution to pass through the first region into the second, improving lithium ion conductivity (“the density of the first region containing a larger amount of the silicon material decreases as a result of charging and discharging, many pores are formed between active materials in the first region, which makes it easy for an electrolyte solution to pass through the first region and thus improves lithium ion conductivity. When the lithium ion conductivity of the first region containing a large amount of the silicon material improves, high capacity and good discharge rate characteristics are obtained.” Wang [0014]). Additionally, the inclusion of silicon material would be obvious as it was known before the effective filing date of the claimed invention that silicon materials can intercalate more lithium ions per unit volume than graphite (“silicon materials, such as silicon (Si) and silicon oxide represented by SiO.sub.x, can intercalate more lithium ions per unit volume than carbon materials, such as graphite, use of silicon materials in negative electrodes of lithium ion batteries or other batteries has been studied.” Wang [0002]).
By using the packing density and silicon additive of Wang, the limitations of claim 15 would also be met without requiring any further modification or motivation.
Regarding claim 15, modified Ahn teaches all of the elements of claim 14, as shown above. Ahn and Sugimori are silent on the following elements of claim 15:
The non-aqueous electrolyte secondary battery according to claim 10, wherein at least one of the first negative electrode mixture layer or the second negative electrode mixture layer includes a Si-based material.
However, Wang teaches all of the elements of claim 15 that aren’t found in Sugimori or Ahn. Specifically, Wang teaches:
The non-aqueous electrolyte secondary battery according to claim 10, wherein at least one of the first negative electrode mixture layer or the second negative electrode mixture layer includes a Si-based material. (“The negative-electrode mixture layer contains graphite and a silicon material. The first region of the negative-electrode mixture layer contains a larger amount of the silicon material than the second region of the mixture layer. The first region has a lower density than the second region.” Wang [0012])
Claim(s) 7-8, 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ahn (US 20140287316 A1) in view of Sugimori (US 20190173085 A1) further in view of Sugaya (US 20210159489 A1), and further in view of Lee (US 20210020887 A1)
Regarding claim 7, modified Ahn teaches all of the elements of claim 2, as shown above. Ahn, Sugaya, and Sugimori are silent on the following elements of claim 7:
The non-aqueous electrolyte secondary battery according to claim 2, wherein a thickness of the base material layer is 5 µm ~ 30 µm and a thickness of the coating layer is 1µm ~ 5µm.
However, Lee teaches all of the elements of claim 7 that are not found in Ahn or Sugimori. Specifically, Lee teaches a separator with a base material layer and an inorganic coating layer, both having thicknesses overlapping or anticipating the claimed ranges:
The non-aqueous electrolyte secondary battery according to claim 2, wherein a thickness of the base material layer is 5 µm ~ 30 µm and a thickness of the coating layer is 1µm ~ 5µm. (“According to the present disclosure, the porous substrate preferably has a thickness of 3-12 μm, or 5-12 μm.” Lee [0046] and “The inorganic coating layer preferably has a thickness of 1.5-5.0 μm on one surface of the porous substrate.” Lee [0055]. In this case, the porous substrate is the base layer and the inorganic coating layer is the coating layer.)
Lee is considered to be analogous to Sugimori because it is within the same field of separators for non-aqueous batteries which contain an inorganic filler. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the separator of Sugimori having a base layer and a coating layer containing inorganic material to have the thicknesses of Lee, which also teaches a separator having a base layer and a coating layer containing inorganic material. This would be desirable in order to maintain a sufficient conducting barrier while making sure to not increase resistance (“When the thickness is smaller than the above-defined range, it is not possible to obtain a sufficient conducting barrier function. On the other hand, when the thickness is excessively larger than the above-defined range (i.e. the porous substrate is excessively thick), the separator may show excessively increased resistance.” Lee [0046]) in regard to the base layer, and provide excellent adhesion and optimize cycle characteristics (“Within the above-defined range, it is possible to provide excellent adhesion to an electrode, thereby providing increased cell strength of the battery. Meanwhile, an inorganic coating layer thickness of 5.0 μm or less is advisable in terms of cycle characteristics and resistance characteristics of the battery.” Lee [0056]) in regard to the inorganic coating layer.)
Regarding claim 8, modified Ahn teaches all of the elements of claim 4, as shown above. Ahn, Sugaya, and Sugimori are silent on the following elements of claim 8:
The non-aqueous electrolyte secondary battery according to claim 4, wherein a content of the inorganic particles in the coating layer is 30 mass% ~ 70 mass%.
However, Lee teaches all of the elements of claim 8 that are not found in Ahn or Sugimori. Specifically, Lee teaches a content percentage of inorganic material in the coating layer that overlaps the claimed range:
The non-aqueous electrolyte secondary battery according to claim 4, wherein a content of the inorganic particles in the coating layer is 30 mass% ~ 70 mass%. (“According to an embodiment of the present disclosure, the binder resin and inorganic particles are present at a weight ratio of 15:85-50:50 in the inorganic coating layer.” Lee [0051])
Lee and Sugimori are considered to be analogous for the reasons provided above. It would have been additionally obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the inorganic coating layer or Sugimori to have the content of inorganic material as taught by Lee in order to have a sufficient amount of binder present to have a stable coating layer and excellent adhesion properties (“the separator according to an embodiment of the present disclosure and the electrochemical device including the same show excellent adhesion between a separator and an electrode, while providing low resistance characteristics and a low electrolyte absorption ratio of a binder resin.” Lee [0020])
Regarding claim 16, modified Ahn teaches all of the elements of claim 11, as shown above. Ahn, Sugaya, and Sugimori are silent on the following elements of claim 16:
The non-aqueous electrolyte secondary battery according to claim 11, wherein a thickness of the base material layer is 5 µm ~ 30 µm and a thickness of the coating layer is 1µm ~ 5µm.
However, Lee teaches all of the elements of claim 16 that are not found in Ahn or Sugimori. Specifically, Lee teaches a separator with a base material layer and an inorganic coating layer, both having thicknesses overlapping or anticipating the claimed ranges:
The non-aqueous electrolyte secondary battery according to claim 11, wherein a thickness of the base material layer is 5 µm ~ 30 µm and a thickness of the coating layer is 1µm ~ 5µm. (“According to the present disclosure, the porous substrate preferably has a thickness of 3-12 μm, or 5-12 μm.” Lee [0046] and “The inorganic coating layer preferably has a thickness of 1.5-5.0 μm on one surface of the porous substrate.” Lee [0055]. In this case, the porous substrate is the base layer and the inorganic coating layer is the coating layer.)
Lee is considered to be analogous to Sugimori because it is within the same field of separators for non-aqueous batteries which contain an inorganic filler. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the separator of Sugimori having a base layer and a coating layer containing inorganic material to have the thicknesses of Lee, which also teaches a separator having a base layer and a coating layer containing inorganic material. This would be desirable in order to maintain a sufficient conducting barrier while making sure to not increase resistance (“When the thickness is smaller than the above-defined range, it is not possible to obtain a sufficient conducting barrier function. On the other hand, when the thickness is excessively larger than the above-defined range (i.e. the porous substrate is excessively thick), the separator may show excessively increased resistance.” Lee [0046]) in regard to the base layer, and provide excellent adhesion and optimize cycle characteristics (“Within the above-defined range, it is possible to provide excellent adhesion to an electrode, thereby providing increased cell strength of the battery. Meanwhile, an inorganic coating layer thickness of 5.0 μm or less is advisable in terms of cycle characteristics and resistance characteristics of the battery.” Lee [0056]) in regard to the inorganic coating layer.)
Regarding claim 17, modified Ahn teaches all of the elements of claim 13, as shown above. Ahn, Sugaya, and Sugimori are silent on the following elements of claim 17:
The non-aqueous electrolyte secondary battery according to claim 13, wherein a content of the inorganic particles in the coating layer is 30 mass% ~ 70 mass%.
However, Lee teaches all of the elements of claim 17 that are not found in Ahn or Sugimori. Specifically, Lee teaches a content percentage of inorganic material in the coating layer that overlaps the claimed range:
The non-aqueous electrolyte secondary battery according to claim 13, wherein a content of the inorganic particles in the coating layer is 30 mass% ~ 70 mass%. (“According to an embodiment of the present disclosure, the binder resin and inorganic particles are present at a weight ratio of 15:85-50:50 in the inorganic coating layer.” Lee [0051])
Lee and Sugimori are considered to be analogous for the reasons provided above. It would have been additionally obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the inorganic coating layer or Sugimori to have the content of inorganic material as taught by Lee in order to have a sufficient amount of binder present to have a stable coating layer and excellent adhesion properties (“the separator according to an embodiment of the present disclosure and the electrochemical device including the same show excellent adhesion between a separator and an electrode, while providing low resistance characteristics and a low electrolyte absorption ratio of a binder resin.” Lee [0020])
Below is provided an additional rejection of all claims, further in view of Oura instead of Sugaya:
Claim(s) 1-4, 9-13, 18 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ahn (US 20140287316 A1) in view of Sugimori (US 20190173085 A1), as evidenced by the instant specification paragraph [0054], and further in view of Oura (WO 2021059705 A1, US 20220344659 A1 used as translation).
Regarding claim 1, Ahn teaches all of the following elements:
A non-aqueous electrolyte secondary battery comprising: (“Examples of the electrolyte of the lithium secondary battery may be an organic electrolyte solution, in which a lithium salt is dissolved in a non-aqueous solvent, or a polymer electrolyte solution.” Ahn [0054])
an electrode assembly in which a positive electrode and a negative electrode oppose each other with a separator therebetween: (“A polyethylene separator was disposed between the anode and the cathode, and the product thus obtained was put into a battery case.” Ahn [0066])
a non-aqueous electrolyte: (“Examples of the electrolyte of the lithium secondary battery may be an organic electrolyte solution, in which a lithium salt is dissolved in a non-aqueous solvent, or a polymer electrolyte solution.” Ahn [0054])
and an outer housing that houses the electrode assembly and the non-aqueous electrolyte, (“A polyethylene separator was disposed between the anode and the cathode, and the product thus obtained was put into a battery case.” Ahn [0066])
wherein the negative electrode comprises a negative electrode current collector, a first negative electrode mixture layer provided over a surface of the negative electrode current collector, and a second negative electrode mixture layer provided over a surface of the first negative electrode mixture layer, (“According to an aspect of the present invention, there is provided an anode including: an electrode current collector; and a multi-layered active material layer formed on the electrode current collector, wherein the multi-layered active material layer includes a first anode active material layer including a first anode active material; and a second anode active material layer including a second anode active material” Ahn [0013])
the first negative electrode mixture layer and the second negative electrode mixture layer include graphite particles. (“Also, in the anode according to the present invention, the first anode active material and the second anode active material may include crystalline carbon, such as natural graphite and artificial graphite” Ahn [0024])
a ratio (D2 D1) of a packing density (D2) of the second negative electrode mixture layer to a packing density (D1) of the first negative electrode mixture layer is 0.9 - 1. 1. (“Also, in the anode according to the embodiment of the present invention, a ratio of the press density of the first anode active material to the press density of the second anode active material may be in a range of 1.1:1 to 3:1, for example, 1.1:1 to 1.5:1 under a pressure of 12 MPa to 16 MPa.” Ahn [0028])
The examiner takes note of the fact that the prior art range of 1.1:1 to 3:1 for the ratio of packing densities between the first and second active material layers overlaps the claimed range of 0.9:1 to 1.1:1. Absent any additional and more specific information in the prior art, a prima facie case of obviousness exists. In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379 (Fed. Cir. 2003). MPEP 2144.05.
the separator has a first surface which is in contact with the positive electrode and a second surface which is in contact with the negative electrode. (“A polyethylene separator was disposed between the anode and the cathode, and the product thus obtained was put into a battery case.” Ahn [0066])
Ahn is silent on the following elements of claim 1:
and a contact angle of the first surface with respect to ethylene carbonate is smaller than a contact angle of the second surface with respect to ethylene carbonate.
an internal porosity of the graphite particles included in the first negative electrode mixture layer is higher than an internal porosity of the graphite particles included in the second negative electrode mixture layer,
a ratio (S2SI) of a second inter-particle porosity (S2) between the graphite particles in the second negative electrode mixture layer to a first inter-particle porosity (Si) between the graphite particles in the first negative electrode mixture layer is 1.1 2.0.
Oura teaches the following elements of claim 1 that are not found in Ahn:
an internal porosity of the graphite particles included in the first negative electrode mixture layer is higher than an internal porosity of the graphite particles included in the second negative electrode mixture layer, (“According to one aspect of the present disclosure, there is provided a negative electrode for a lithium ion secondary battery, the negative electrode including: a negative electrode electricity collector; and a negative electrode mixture layer formed over the negative electrode electricity collector, wherein the negative electrode mixture layer includes a first layer disposed over the negative electrode electricity collector, and a second layer disposed over the first layer, the second layer includes graphite particles A having a particle internal porosity of 10% or lower, the first layer includes graphite particles B having a particle internal porosity of greater than 10%” Oura [0007]. Oura is clearly teaching a multi-layered negative electrode where the first layer has graphite particles with a higher internal porosity than graphite particles in the second layer, thus meeting the above limitation in its entirety.)
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a ratio (S2SI) of a second inter-particle porosity (S2) between the graphite particles in the second negative electrode mixture layer to a first inter-particle porosity (Si) between the graphite particles in the first negative electrode mixture layer is 1.1-2.0. (“The first layer 44 includes, as a negative electrode active material, graphite particles B having a particle internal porosity of greater than 10%. The second layer 46 includes, as the negative electrode active material, graphite particles A having a particle internal porosity of 10% or lower. It is sufficient that the internal porosity of the graphite particles A be 10% or lower from the viewpoint of improving the charge/discharge cycle characteristic or the like, but is desirably 1%˜5%, and is more desirably 3%˜5%. It is sufficient that the internal porosity of the graphite particles B be greater than 10% from the viewpoint of suitable collapsing in a compression process in negative electrode manufacturing, but is desirably 12%˜25%, and is more desirably 12%˜23%.” Oura [0027])
The examiner takes note of the fact that the prior art ratio of ~1 (in the case of 10% internal porosity for graphite particle A and slightly more than 10% internal porosity for graphite particle B) to 25 (in the case of 1% internal porosity for particle A and 25% internal porosity for particle B) for the ratio of internal porosities between the first and second active material layers overlaps the claimed range of 1.1-2.0. Absent any additional and more specific information in the prior art, a prima facie case of obviousness exists. In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379 (Fed. Cir. 2003). MPEP 2144.05.
Oura and Ahn are considered to be analogous because they are both within the same field of negative electrodes for lithium secondary batteries containing a first and second negative electrode active material layer, which both contain a graphite material. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Ahn to use the graphite particles A and graphite particles B of Oura as the first and second negative electrode active particles in order to improve adhesiveness between the negative electrode current collector and graphite particles (“Because the graphite particles B having the particle internal porosity of greater than 10% easily collapse during manufacturing of the negative electrode, an adhesiveness between the negative electrode electricity collector and the graphite particles B is high.” Oura [0014] as well as to improve characteristics (“Therefore, by placing the graphite particles B having the particle internal porosity of greater than 10% in the first layer disposed over the negative electrode electricity collector, detachment of the particles of a negative electrode active material from the negative electrode electricity collector can be suppressed, and the charge/discharge cycle characteristic of the lithium ion secondary battery can thus be improved.” Oura [0014])
Oura and Ahn are silent on the following elements of claim 1:
and a contact angle of the first surface with respect to ethylene carbonate is smaller than a contact angle of the second surface with respect to ethylene carbonate.
However, Sugimori teaches all of the elements of claim 1 that aren’t found in Ahn or Oura. Specifically, Sugimori teaches the exact separator used in the claimed invention, which would inherently have the same contact angles as are claimed:
and a contact angle of the first surface with respect to ethylene carbonate is smaller than a contact angle of the second surface with respect to ethylene carbonate. (“Examples of the separator include separators made of polypropylene, separators made of polyethylene, polypropylene-polyethylene multilayer separators, separators surface-coated with resin such as an aramid resin, and separators containing cellulose. The separator used is preferably a polypropylene-containing separator.” Sugimori [0055] and “A layer made of an inorganic filler may be placed at the interface between the positive electrode and the separator or the interface between the negative electrode and the separator. Examples of the filler include oxides containing one or more of titanium, aluminium” Sugimori [0056]. In this case, by using a separator comprising a base layer of microporous polypropylene with a coating layer of aramid resin, and a layer or aluminum oxide mixed with the aramid resin coating, the same separator as used in the instant application would be formed. Thus, all of the limitations would be met, as the separator detailed in the instant specification must meet the limitations regarding contact angle with respect to ethylene carbonate “An aramid resin including alumina was applied by the doctor blade method over one surface of a polypropylene microporous film serving as a base material layer, was dried, and was compressed, to produce a separator having a coating layer.” Instant spec [0054])
Ahn and Sugimori are considered to be analogous because they are both within the same field of non-aqueous electrolyte secondary batteries. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the battery of Ahn to substitute its separator with that of Sugimori, as this would be a simple substitution of one separator used in a non-aqueous electrolyte secondary battery for another, and the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. (see MPEP § 2143, B.).
The limitations of claims 2-4, 9 would all be met by using the separator of Sugimori and graphite particles of Oura without requiring any additional modifications or motivation.
Regarding claim 2, modified Ahn teaches all of the limitations of claim 1, as shown above. Ahn is silent on the following elements of claim 2:
The non-aqueous electrolyte secondary battery according to claim 1, wherein the separator includes a base material layer and a coating layer, and the coating layer is placed over the first surface.
However, Sugimori teaches all of the elements of claim 2 not found in Ahn. Specifically, Sugimori teaches:
The non-aqueous electrolyte secondary battery according to claim 1, wherein the separator includes a base material layer and a coating layer, and the coating layer is placed over the first surface. (“Examples of the separator include separators made of polypropylene, separators made of polyethylene, polypropylene-polyethylene multilayer separators, separators surface-coated with resin such as an aramid resin, and separators containing cellulose. The separator used is preferably a polypropylene-containing separator.” Sugimori [0055] and “A layer made of an inorganic filler may be placed at the interface between the positive electrode and the separator or the interface between the negative electrode and the separator. Examples of the filler include oxides containing one or more of titanium, aluminium” Sugimori [0056]. In this case, by using a separator comprising a base layer of microporous polypropylene with a coating layer of aramid resin, and a layer or aluminum oxide mixed with the aramid resin coating, the same separator as used in the instant application would be formed.)
Regarding claim 3, modified Ahn teaches all of the limitations of claim 2, as shown above. Ahn is silent on the following elements of claim 3:
The non-aqueous electrolyte secondary battery according to claim 2, wherein the base material layer includes a polyolefin-based resin.
However, Sugimori teaches all of the elements of claim 3 not found in Ahn. Specifically, Sugimori teaches:
The non-aqueous electrolyte secondary battery according to claim 2, wherein the base material layer includes a polyolefin-based resin. (“Examples of the separator include separators made of polypropylene, separators made of polyethylene, polypropylene-polyethylene multilayer separators, separators surface-coated with resin such as an aramid resin, and separators containing cellulose. The separator used is preferably a polypropylene-containing separator.” Sugimori [0055] and “A layer made of an inorganic filler may be placed at the interface between the positive electrode and the separator or the interface between the negative electrode and the separator. Examples of the filler include oxides containing one or more of titanium, aluminium” Sugimori [0056]. In this case, by using a separator comprising a base layer of microporous polypropylene with a coating layer of aramid resin, and a layer or aluminum oxide mixed with the aramid resin coating, the same separator as used in the instant application would be formed.)
Regarding claim 4, modified Ahn teaches all of the limitations of claim 2, as shown above. Ahn is silent on the following elements of claim 4:
The non-aqueous electrolyte secondary battery according to claim 2, wherein the coating layer includes an aramid resin and inorganic particles.
However, Sugimori teaches all of the elements of claim 4 not found in Ahn. Specifically, Sugimori teaches:
The non-aqueous electrolyte secondary battery according to claim 2, wherein the coating layer includes an aramid resin and inorganic particles. (“Examples of the separator include separators made of polypropylene, separators made of polyethylene, polypropylene-polyethylene multilayer separators, separators surface-coated with resin such as an aramid resin, and separators containing cellulose. The separator used is preferably a polypropylene-containing separator.” Sugimori [0055] and “A layer made of an inorganic filler may be placed at the interface between the positive electrode and the separator or the interface between the negative electrode and the separator. Examples of the filler include oxides containing one or more of titanium, aluminium” Sugimori [0056]. In this case, by using a separator comprising a base layer of microporous polypropylene with a coating layer of aramid resin, and a layer or aluminum oxide mixed with the aramid resin coating, the same separator as used in the instant application would be formed.)
Regarding claim 9, modified Ahn teaches all of the elements of claim 1, as shown above. Ahn is silent on the following elements of claim 9:
The non-aqueous electrolyte secondary battery according to Claim 1, wherein an average particle size of the graphite particles included in the first negative electrode mixture layer is equal to an average particle size of the graphite particles included in the second negative electrode mixture layer.
However, Oura teaches all of the elements of claim 9 that are not found in Ahn:
The non-aqueous electrolyte secondary battery according to Claim 1, wherein an average particle size of the graphite particles included in the first negative electrode mixture layer is equal to an average particle size of the graphite particles included in the second negative electrode mixture layer. (“No particular limitation is imposed on the average particle size for the graphite particles A and B, but the average particle size is, for example, 1 μm˜30 μm.” Oura [0040]. Oura clearly teaches that the average particle size for graphite particles A and B can be the same.)
Regarding claim 10, Ahn teaches the following elements:
A non-aqueous electrolyte secondary battery comprising: (“Examples of the electrolyte of the lithium secondary battery may be an organic electrolyte solution, in which a lithium salt is dissolved in a non-aqueous solvent, or a polymer electrolyte solution.” Ahn [0054])
an electrode assembly in which a positive electrode and a negative electrode oppose each other with a separator therebetween; (“A polyethylene separator was disposed between the anode and the cathode, and the product thus obtained was put into a battery case.” Ahn [0066])
a non-aqueous electrolyte; (“Examples of the electrolyte of the lithium secondary battery may be an organic electrolyte solution, in which a lithium salt is dissolved in a non-aqueous solvent, or a polymer electrolyte solution.” Ahn [0054])
and an outer housing that houses the electrode assembly and the non-aqueous electrolyte, (“A polyethylene separator was disposed between the anode and the cathode, and the product thus obtained was put into a battery case.” Ahn [0066])
wherein the negative electrode comprises a negative electrode current collector, a first negative electrode mixture layer provided over a surface of the negative electrode current collector, and a second negative electrode mixture layer provided over a surface of the first negative electrode mixture layer, (“According to an aspect of the present invention, there is provided an anode including: an electrode current collector; and a multi-layered active material layer formed on the electrode current collector, wherein the multi-layered active material layer includes a first anode active material layer including a first anode active material; and a second anode active material layer including a second anode active material” Ahn [0013])
the first negative electrode mixture layer includes first graphite particles, (“Also, in the anode according to the present invention, the first anode active material and the second anode active material may include crystalline carbon, such as natural graphite and artificial graphite having a maximum theoretical capacity limit of 372 mAh/g (844 mAh/cc); amorphous carbon such as soft carbon and hard carbon; or a mixture thereof, in order to secure high energy density.” Ahn [0024]. In this case, the first negative electrode mixture layer could comprise natural graphite or artificial graphite.)
the second negative electrode mixture layer includes second graphite particles, (“Also, in the anode according to the present invention, the first anode active material and the second anode active material may include crystalline carbon, such as natural graphite and artificial graphite having a maximum theoretical capacity limit of 372 mAh/g (844 mAh/cc); amorphous carbon such as soft carbon and hard carbon; or a mixture thereof, in order to secure high energy density.” Ahn [0024]. In this case, the second negative electrode mixture layer could comprise natural graphite or artificial graphite.)
a ratio (D2/D1) of a packing density (D2) of the second negative electrode mixture layer to a packing density (D1) of the first negative electrode mixture layer is 0.9 ~ 1.1, (“Also, in the anode according to the embodiment of the present invention, a ratio of the press density of the first anode active material to the press density of the second anode active material may be in a range of 1.1:1 to 3:1, for example, 1.1:1 to 1.5:1 under a pressure of 12 MPa to 16 MPa.” Ahn [0028])
The examiner takes note of the fact that the prior art range of 1.1:1 to 3:1 for the ratio of packing densities between the first and second active material layers overlaps the claimed range of 0.9:1 to 1.1:1. Absent any additional and more specific information in the prior art, a prima facie case of obviousness exists. In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379 (Fed. Cir. 2003). MPEP 2144.05.
the separator has a first surface which is in contact with the positive electrode and a second surface which is in contact with the negative electrode, (“A polyethylene separator was disposed between the anode and the cathode, and the product thus obtained was put into a battery case.” Ahn [0066])
Ahn is silent on the following elements of claim 10:
a second internal porosity of the second graphite particles is lower than a first internal porosity of the first graphite particles,
a ratio (S2/S1) of a second inter-particle porosity (S2) between the graphite particles in the second negative electrode mixture layer to a first inter-particle porosity (Si) between the graphite particles in the first negative electrode mixture layer is 1.1 ~ 2.0,
and a contact angle of the first surface with respect to ethylene carbonate is smaller than a contact angle of the second surface with respect to ethylene carbonate.
Oura teaches the following elements of claim 10:
a second internal porosity of the second graphite particles is lower than a first internal porosity of the first graphite particles, (“According to one aspect of the present disclosure, there is provided a negative electrode for a lithium ion secondary battery, the negative electrode including: a negative electrode electricity collector; and a negative electrode mixture layer formed over the negative electrode electricity collector, wherein the negative electrode mixture layer includes a first layer disposed over the negative electrode electricity collector, and a second layer disposed over the first layer, the second layer includes graphite particles A having a particle internal porosity of 10% or lower, the first layer includes graphite particles B having a particle internal porosity of greater than 10%” Oura [0007]. Oura is clearly teaching a multi-layered negative electrode where the first layer has graphite particles with a higher internal porosity than graphite particles in the second layer, thus meeting the above limitation in its entirety.)
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a ratio (S2SI) of a second inter-particle porosity (S2) between the graphite particles in the second negative electrode mixture layer to a first inter-particle porosity (Si) between the graphite particles in the first negative electrode mixture layer is 1.1-2.0. (“The first layer 44 includes, as a negative electrode active material, graphite particles B having a particle internal porosity of greater than 10%. The second layer 46 includes, as the negative electrode active material, graphite particles A having a particle internal porosity of 10% or lower. It is sufficient that the internal porosity of the graphite particles A be 10% or lower from the viewpoint of improving the charge/discharge cycle characteristic or the like, but is desirably 1%˜5%, and is more desirably 3%˜5%. It is sufficient that the internal porosity of the graphite particles B be greater than 10% from the viewpoint of suitable collapsing in a compression process in negative electrode manufacturing, but is desirably 12%˜25%, and is more desirably 12%˜23%.” Oura [0027])
The examiner takes note of the fact that the prior art ratio of ~1 (in the case of 10% internal porosity for graphite particle A and slightly more than 10% internal porosity for graphite particle B) to 25 (in the case of 1% internal porosity for particle A and 25% internal porosity for particle B) for the ratio of internal porosities between the first and second active material layers overlaps the claimed range of 1.1-2.0. Absent any additional and more specific information in the prior art, a prima facie case of obviousness exists. In re Peterson, 315 F.3d 1325, 1330, 65 USPQ2d 1379 (Fed. Cir. 2003). MPEP 2144.05.
Oura and Ahn are considered to be analogous because they are both within the same field of negative electrodes for lithium secondary batteries containing a first and second negative electrode active material layer, which both contain a graphite material. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify Ahn to use the graphite particles A and graphite particles B of Oura as the first and second negative electrode active particles in order to improve adhesiveness between the negative electrode current collector and graphite particles (“Because the graphite particles B having the particle internal porosity of greater than 10% easily collapse during manufacturing of the negative electrode, an adhesiveness between the negative electrode electricity collector and the graphite particles B is high.” Oura [0014] as well as to improve characteristics (“Therefore, by placing the graphite particles B having the particle internal porosity of greater than 10% in the first layer disposed over the negative electrode electricity collector, detachment of the particles of a negative electrode active material from the negative electrode electricity collector can be suppressed, and the charge/discharge cycle characteristic of the lithium ion secondary battery can thus be improved.” Oura [0014])
Oura and Ahn are silent on the following elements of claim 10:
and a contact angle of the first surface with respect to ethylene carbonate is smaller than a contact angle of the second surface with respect to ethylene carbonate.
However, Sugimori teaches all of the elements of claim 10 that aren’t found in Ahn or Oura. Specifically, Sugimori teaches the exact separator used in the claimed invention, which would inherently have the same contact angles as are claimed:
and a contact angle of the first surface with respect to ethylene carbonate is smaller than a contact angle of the second surface with respect to ethylene carbonate. (“Examples of the separator include separators made of polypropylene, separators made of polyethylene, polypropylene-polyethylene multilayer separators, separators surface-coated with resin such as an aramid resin, and separators containing cellulose. The separator used is preferably a polypropylene-containing separator.” Sugimori [0055] and “A layer made of an inorganic filler may be placed at the interface between the positive electrode and the separator or the interface between the negative electrode and the separator. Examples of the filler include oxides containing one or more of titanium, aluminium” Sugimori [0056]. In this case, by using a separator comprising a base layer of microporous polypropylene with a coating layer of aramid resin, and a layer or aluminum oxide mixed with the aramid resin coating, the same separator as used in the instant application would be formed. Thus, all of the limitations would be met, as the separator detailed in the instant specification must meet the limitations regarding contact angle with respect to ethylene carbonate “An aramid resin including alumina was applied by the doctor blade method over one surface of a polypropylene microporous film serving as a base material layer, was dried, and was compressed, to produce a separator having a coating layer.” Instant spec [0054])
Ahn and Sugimori are considered to be analogous because they are both within the same field of non-aqueous electrolyte secondary batteries. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the battery of Ahn to substitute its separator with that of Sugimori, as this would be a simple substitution of one separator used in a non-aqueous electrolyte secondary battery for another, and the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. (see MPEP § 2143, B.).
The limitations of claims 11-13, 18 would all be met by using the separator of Sugimori and graphite particles of Oura without requiring any additional modifications or motivation.
Regarding claim 11, modified Ahn teaches all of the limitations of claim 10, as shown above. Ahn is silent on the following elements of claim 11:
The non-aqueous electrolyte secondary battery according to claim 10, wherein the separator includes a base material layer and a coating layer, and the coating layer is placed over the first surface.
However, Sugimori teaches all of the elements of claim 11 not found in Ahn. Specifically, Sugimori teaches:
The non-aqueous electrolyte secondary battery according to claim 10, wherein the separator includes a base material layer and a coating layer, and the coating layer is placed over the first surface. (“Examples of the separator include separators made of polypropylene, separators made of polyethylene, polypropylene-polyethylene multilayer separators, separators surface-coated with resin such as an aramid resin, and separators containing cellulose. The separator used is preferably a polypropylene-containing separator.” Sugimori [0055] and “A layer made of an inorganic filler may be placed at the interface between the positive electrode and the separator or the interface between the negative electrode and the separator. Examples of the filler include oxides containing one or more of titanium, aluminium” Sugimori [0056]. In this case, by using a separator comprising a base layer of microporous polypropylene with a coating layer of aramid resin, and a layer or aluminum oxide mixed with the aramid resin coating, the same separator as used in the instant application would be formed.)
Regarding claim 12, modified Ahn teaches all of the limitations of claim 11, as shown above. Ahn is silent on the following elements of claim 12:
The non-aqueous electrolyte secondary battery according to claim 11, wherein the base material layer includes a polyolefin-based resin.
However, Sugimori teaches all of the elements of claim 12 not found in Ahn. Specifically, Sugimori teaches:
The non-aqueous electrolyte secondary battery according to claim 11, wherein the base material layer includes a polyolefin-based resin. (“Examples of the separator include separators made of polypropylene, separators made of polyethylene, polypropylene-polyethylene multilayer separators, separators surface-coated with resin such as an aramid resin, and separators containing cellulose. The separator used is preferably a polypropylene-containing separator.” Sugimori [0055] and “A layer made of an inorganic filler may be placed at the interface between the positive electrode and the separator or the interface between the negative electrode and the separator. Examples of the filler include oxides containing one or more of titanium, aluminium” Sugimori [0056]. In this case, by using a separator comprising a base layer of microporous polypropylene with a coating layer of aramid resin, and a layer or aluminum oxide mixed with the aramid resin coating, the same separator as used in the instant application would be formed.)
Regarding claim 13, modified Ahn teaches all of the limitations of claim 11, as shown above. Ahn is silent on the following elements of claim 13:
The non-aqueous electrolyte secondary battery according to claim 11, wherein the coating layer includes an aramid resin and inorganic particles.
However, Sugimori teaches all of the elements of claim 13 not found in Ahn. Specifically, Sugimori teaches:
The non-aqueous electrolyte secondary battery according to claim 11, wherein the coating layer includes an aramid resin and inorganic particles. (“Examples of the separator include separators made of polypropylene, separators made of polyethylene, polypropylene-polyethylene multilayer separators, separators surface-coated with resin such as an aramid resin, and separators containing cellulose. The separator used is preferably a polypropylene-containing separator.” Sugimori [0055] and “A layer made of an inorganic filler may be placed at the interface between the positive electrode and the separator or the interface between the negative electrode and the separator. Examples of the filler include oxides containing one or more of titanium, aluminium” Sugimori [0056]. In this case, by using a separator comprising a base layer of microporous polypropylene with a coating layer of aramid resin, and a layer or aluminum oxide mixed with the aramid resin coating, the same separator as used in the instant application would be formed.)
Regarding claim 18, modified Ahn teaches all of the elements of claim 10, as shown above. Ahn is silent on the following elements of claim 18:
The non-aqueous electrolyte secondary battery according to claim 10, wherein the first graphite particles and the second graphite particles are equal in average particle size.
However, Oura teaches all of the elements of claim 18 that are not found in Ahn:
The non-aqueous electrolyte secondary battery according to Claim 10, wherein an average particle size of the graphite particles included in the first negative electrode mixture layer is equal to an average particle size of the graphite particles included in the second negative electrode mixture layer. (“No particular limitation is imposed on the average particle size for the graphite particles A and B, but the average particle size is, for example, 1 μm˜30 μm.” Oura [0040]. Oura clearly teaches that the average particle size for graphite particles A and B can be the same.)
Claim(s) 5-6, 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ahn (US 20140287316 A1) in view of Sugimori (US 20190173085 A1) further in view of Oura (WO 2021059705 A1, US 20220344659 A1 used as translation), and further in view of Wang (US 20170125806 A1).
Regarding claim 5, modified Ahn teaches all of the elements of claim 1, as shown above. Ahn, Oura, and Sugimori are silent on the following elements of claim 5:
The non-aqueous electrolyte secondary battery according to claim 1, wherein each of the packing density (D1) of the first negative electrode mixture layer and the packing density (D2) of the second negative electrode mixture layer is 1.3 g/cm3 ~ 2.0 g/cm3.
However, Wang teaches all of the elements of claim 5 that aren’t found in Sugimori or Ahn. Specifically, Wang teaches:
The non-aqueous electrolyte secondary battery according to claim 1, wherein each of the packing density (D1) of the first negative electrode mixture layer and the packing density (D2) of the second negative electrode mixture layer is 1.3 g/cm3 ~ 2.0 g/cm3. (“Specifically, the density of the first region 12a is preferably 1.5 to 2.1 g/cm3 and more preferably 1.7 to 1.9 g/cm3 The density of the second region 12b is preferably 1.7 to 2.3 g/cm3 and more preferably 1.9 to 2.1 g/cm3” Wang [0039])
Wang is considered to be analogous to Ahn as they are both related to secondary batteries with two negative electrode active material layers. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the negative electrode active material layers of Ahn to have the specific densities and presence of a silicon material of Wang in order to improve the ability of electrolyte solution to pass through the first region into the second, improving lithium ion conductivity (“the density of the first region containing a larger amount of the silicon material decreases as a result of charging and discharging, many pores are formed between active materials in the first region, which makes it easy for an electrolyte solution to pass through the first region and thus improves lithium ion conductivity. When the lithium ion conductivity of the first region containing a large amount of the silicon material improves, high capacity and good discharge rate characteristics are obtained.” Wang [0014]). Additionally, the inclusion of silicon material would be obvious as it was known before the effective filing date of the claimed invention that silicon materials can intercalate more lithium ions per unit volume than graphite (“silicon materials, such as silicon (Si) and silicon oxide represented by SiO.sub.x, can intercalate more lithium ions per unit volume than carbon materials, such as graphite, use of silicon materials in negative electrodes of lithium ion batteries or other batteries has been studied.” Wang [0002]).
By using the packing density and silicon additive of Wang, the limitations of claim 6 would also be met without requiring any further modification or motivation.
Regarding claim 6, modified Ahn teaches all of the elements of claim 5, as shown above. Ahn and Sugimori are silent on the following elements of claim 6:
The non-aqueous electrolyte secondary battery according to claim 5 ,wherein at least one of the first negative electrode mixture layer or the second negative electrode mixture layer includes a Si-based material.
However, Wang teaches all of the elements of claim 6 that aren’t found in Sugimori or Ahn. Specifically, Wang teaches:
The non-aqueous electrolyte secondary battery according to claim 5 ,wherein at least one of the first negative electrode mixture layer or the second negative electrode mixture layer includes a Si-based material. (“The negative-electrode mixture layer contains graphite and a silicon material. The first region of the negative-electrode mixture layer contains a larger amount of the silicon material than the second region of the mixture layer. The first region has a lower density than the second region.” Wang [0012])
Regarding claim 14, modified Ahn teaches all of the elements of claim 10, as shown above. Ahn, Oura, and Sugimori are silent on the following elements of claim 14:
The non-aqueous electrolyte secondary battery according to claim 10, wherein each of the packing density (D1) of the first negative electrode mixture layer and the packing density (D2) of the second negative electrode mixture layer is 1.3 g/cm3~ 2.0 g/cm3.
However, Wang teaches all of the elements of claim 14 that aren’t found in Sugimori or Ahn. Specifically, Wang teaches:
The non-aqueous electrolyte secondary battery according to claim 10, wherein each of the packing density (D1) of the first negative electrode mixture layer and the packing density (D2) of the second negative electrode mixture layer is 1.3 g/cm3~ 2.0 g/cm3. (“Specifically, the density of the first region 12a is preferably 1.5 to 2.1 g/cm3 and more preferably 1.7 to 1.9 g/cm3 The density of the second region 12b is preferably 1.7 to 2.3 g/cm3 and more preferably 1.9 to 2.1 g/cm3” Wang [0039])
Wang is considered to be analogous to Ahn as they are both related to secondary batteries with two negative electrode active material layers. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the negative electrode active material layers of Ahn to have the specific densities and presence of a silicon material of Wang in order to improve the ability of electrolyte solution to pass through the first region into the second, improving lithium ion conductivity (“the density of the first region containing a larger amount of the silicon material decreases as a result of charging and discharging, many pores are formed between active materials in the first region, which makes it easy for an electrolyte solution to pass through the first region and thus improves lithium ion conductivity. When the lithium ion conductivity of the first region containing a large amount of the silicon material improves, high capacity and good discharge rate characteristics are obtained.” Wang [0014]). Additionally, the inclusion of silicon material would be obvious as it was known before the effective filing date of the claimed invention that silicon materials can intercalate more lithium ions per unit volume than graphite (“silicon materials, such as silicon (Si) and silicon oxide represented by SiO.sub.x, can intercalate more lithium ions per unit volume than carbon materials, such as graphite, use of silicon materials in negative electrodes of lithium ion batteries or other batteries has been studied.” Wang [0002]).
By using the packing density and silicon additive of Wang, the limitations of claim 15 would also be met without requiring any further modification or motivation.
Regarding claim 15, modified Ahn teaches all of the elements of claim 14, as shown above. Ahn and Sugimori are silent on the following elements of claim 15:
The non-aqueous electrolyte secondary battery according to claim 10, wherein at least one of the first negative electrode mixture layer or the second negative electrode mixture layer includes a Si-based material.
However, Wang teaches all of the elements of claim 15 that aren’t found in Sugimori or Ahn. Specifically, Wang teaches:
The non-aqueous electrolyte secondary battery according to claim 10, wherein at least one of the first negative electrode mixture layer or the second negative electrode mixture layer includes a Si-based material. (“The negative-electrode mixture layer contains graphite and a silicon material. The first region of the negative-electrode mixture layer contains a larger amount of the silicon material than the second region of the mixture layer. The first region has a lower density than the second region.” Wang [0012])
Claim(s) 7-8, 16-17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ahn (US 20140287316 A1) in view of Sugimori (US 20190173085 A1) further in view of Oura (WO 2021059705 A1, US 20220344659 A1 used as translation), and further in view of Lee (US 20210020887 A1)
Regarding claim 7, modified Ahn teaches all of the elements of claim 2, as shown above. Ahn, Oura, and Sugimori are silent on the following elements of claim 7:
The non-aqueous electrolyte secondary battery according to claim 2, wherein a thickness of the base material layer is 5 µm ~ 30 µm and a thickness of the coating layer is 1µm ~ 5µm.
However, Lee teaches all of the elements of claim 7 that are not found in Ahn or Sugimori. Specifically, Lee teaches a separator with a base material layer and an inorganic coating layer, both having thicknesses overlapping or anticipating the claimed ranges:
The non-aqueous electrolyte secondary battery according to claim 2, wherein a thickness of the base material layer is 5 µm ~ 30 µm and a thickness of the coating layer is 1µm ~ 5µm. (“According to the present disclosure, the porous substrate preferably has a thickness of 3-12 μm, or 5-12 μm.” Lee [0046] and “The inorganic coating layer preferably has a thickness of 1.5-5.0 μm on one surface of the porous substrate.” Lee [0055]. In this case, the porous substrate is the base layer and the inorganic coating layer is the coating layer.)
Lee is considered to be analogous to Sugimori because it is within the same field of separators for non-aqueous batteries which contain an inorganic filler. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the separator of Sugimori having a base layer and a coating layer containing inorganic material to have the thicknesses of Lee, which also teaches a separator having a base layer and a coating layer containing inorganic material. This would be desirable in order to maintain a sufficient conducting barrier while making sure to not increase resistance (“When the thickness is smaller than the above-defined range, it is not possible to obtain a sufficient conducting barrier function. On the other hand, when the thickness is excessively larger than the above-defined range (i.e. the porous substrate is excessively thick), the separator may show excessively increased resistance.” Lee [0046]) in regard to the base layer, and provide excellent adhesion and optimize cycle characteristics (“Within the above-defined range, it is possible to provide excellent adhesion to an electrode, thereby providing increased cell strength of the battery. Meanwhile, an inorganic coating layer thickness of 5.0 μm or less is advisable in terms of cycle characteristics and resistance characteristics of the battery.” Lee [0056]) in regard to the inorganic coating layer.)
Regarding claim 8, modified Ahn teaches all of the elements of claim 4, as shown above. Ahn, Oura, and Sugimori are silent on the following elements of claim 8:
The non-aqueous electrolyte secondary battery according to claim 4, wherein a content of the inorganic particles in the coating layer is 30 mass% ~ 70 mass%.
However, Lee teaches all of the elements of claim 8 that are not found in Ahn or Sugimori. Specifically, Lee teaches a content percentage of inorganic material in the coating layer that overlaps the claimed range:
The non-aqueous electrolyte secondary battery according to claim 4, wherein a content of the inorganic particles in the coating layer is 30 mass% ~ 70 mass%. (“According to an embodiment of the present disclosure, the binder resin and inorganic particles are present at a weight ratio of 15:85-50:50 in the inorganic coating layer.” Lee [0051])
Lee and Sugimori are considered to be analogous for the reasons provided above. It would have been additionally obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the inorganic coating layer or Sugimori to have the content of inorganic material as taught by Lee in order to have a sufficient amount of binder present to have a stable coating layer and excellent adhesion properties (“the separator according to an embodiment of the present disclosure and the electrochemical device including the same show excellent adhesion between a separator and an electrode, while providing low resistance characteristics and a low electrolyte absorption ratio of a binder resin.” Lee [0020])
Regarding claim 16, modified Ahn teaches all of the elements of claim 11, as shown above. Ahn, Oura, and Sugimori are silent on the following elements of claim 16:
The non-aqueous electrolyte secondary battery according to claim 11, wherein a thickness of the base material layer is 5 µm ~ 30 µm and a thickness of the coating layer is 1µm ~ 5µm.
However, Lee teaches all of the elements of claim 16 that are not found in Ahn or Sugimori. Specifically, Lee teaches a separator with a base material layer and an inorganic coating layer, both having thicknesses overlapping or anticipating the claimed ranges:
The non-aqueous electrolyte secondary battery according to claim 11, wherein a thickness of the base material layer is 5 µm ~ 30 µm and a thickness of the coating layer is 1µm ~ 5µm. (“According to the present disclosure, the porous substrate preferably has a thickness of 3-12 μm, or 5-12 μm.” Lee [0046] and “The inorganic coating layer preferably has a thickness of 1.5-5.0 μm on one surface of the porous substrate.” Lee [0055]. In this case, the porous substrate is the base layer and the inorganic coating layer is the coating layer.)
Lee is considered to be analogous to Sugimori because it is within the same field of separators for non-aqueous batteries which contain an inorganic filler. Therefore, it would have been obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the separator of Sugimori having a base layer and a coating layer containing inorganic material to have the thicknesses of Lee, which also teaches a separator having a base layer and a coating layer containing inorganic material. This would be desirable in order to maintain a sufficient conducting barrier while making sure to not increase resistance (“When the thickness is smaller than the above-defined range, it is not possible to obtain a sufficient conducting barrier function. On the other hand, when the thickness is excessively larger than the above-defined range (i.e. the porous substrate is excessively thick), the separator may show excessively increased resistance.” Lee [0046]) in regard to the base layer, and provide excellent adhesion and optimize cycle characteristics (“Within the above-defined range, it is possible to provide excellent adhesion to an electrode, thereby providing increased cell strength of the battery. Meanwhile, an inorganic coating layer thickness of 5.0 μm or less is advisable in terms of cycle characteristics and resistance characteristics of the battery.” Lee [0056]) in regard to the inorganic coating layer.)
Regarding claim 17, modified Ahn teaches all of the elements of claim 13, as shown above. Ahn, Oura, and Sugimori are silent on the following elements of claim 17:
The non-aqueous electrolyte secondary battery according to claim 13, wherein a content of the inorganic particles in the coating layer is 30 mass% ~ 70 mass%.
However, Lee teaches all of the elements of claim 17 that are not found in Ahn or Sugimori. Specifically, Lee teaches a content percentage of inorganic material in the coating layer that overlaps the claimed range:
The non-aqueous electrolyte secondary battery according to claim 13, wherein a content of the inorganic particles in the coating layer is 30 mass% ~ 70 mass%. (“According to an embodiment of the present disclosure, the binder resin and inorganic particles are present at a weight ratio of 15:85-50:50 in the inorganic coating layer.” Lee [0051])
Lee and Sugimori are considered to be analogous for the reasons provided above. It would have been additionally obvious to one of ordinary skill before the effective filing date of the claimed invention to modify the inorganic coating layer or Sugimori to have the content of inorganic material as taught by Lee in order to have a sufficient amount of binder present to have a stable coating layer and excellent adhesion properties (“the separator according to an embodiment of the present disclosure and the electrochemical device including the same show excellent adhesion between a separator and an electrode, while providing low resistance characteristics and a low electrolyte absorption ratio of a binder resin.” Lee [0020])
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BENJAMIN ELI KASS-MULLET whose telephone number is (571)272-0156. The examiner can normally be reached Monday-Friday 8:30am-6pm except for the first Friday of bi-week.
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/BENJAMIN ELI KASS-MULLET/Examiner, Art Unit 1752
/NICHOLAS A SMITH/Supervisory Primary Examiner, Art Unit 1752
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