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 .
The Applicant has amended independent claim 1. The pending claims are claims 1-10.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 11/26/2025 has been entered.
Claim Rejections - 35 USC § 103
4. The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Woo et al., US 2019/0372118.
Regarding claim 1, Woo et al., teaches a secondary battery (abstract) negative electrode (abstract; 0016) comprising: a negative electrode current collector (0051); and a negative electrode active material layer (0026) formed on a surface of the negative electrode current collector (0050), wherein the negative electrode active material layer (negative electrode 100; Fig. 1, 2) includes at least a first layer (first layer 200) and a second layer (composite layers; 0016), both the first layer (lithium metal powder 220 and inorganic material powder 210) and the second layer contain silicon oxide (lithium metal inorganic composite layer 201) doped with at least one alkali earth metal (0032-0034), the first layer (Fig. 1; lithium metal inorganic composite layer 201) is disposed between the second layer and the negative electrode current collector (current collector-Fig. 1, bottom black line).
Woo et al., does not teach an amount of the alkali earth metal in the second layer calculated based on energy dispersive X-ray spectroscopy using a scanning electron microscope image is higher than an amount of the alkali earth metal in the first layer.
However, energy dispersive X-ray spectroscopy using a scanning electron microscope image, is a product-by-process.
"[E]ven though product-by-process claims are limited by and defined by the process, determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process." In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985).
Regarding claim 2, Woo et al., teaches wherein the second layer contains at least 2 mass% or more of the silicon oxide containing the alkali earth metal (0064) (92 wt%), relative to 100 mass% of the negative electrode active material in the second layer (50-70 wt%) (0039).
Regarding claim 3, Woo et al., does not teach wherein the first layer contains less than 2 mass% of the silicon oxide containing the alkali earth metal, relative to 100 mass% of the negative electrode active material in the first layer.
However, the ratio of thickness of second layer to thickness of negative active material would be within the claimed range because "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 4, Woo et al., does not teach wherein a ratio of an average thickness of the second layer to an average thickness of the negative electrode active material layer is 20% or more to 70% or less.
However, the ratio of thickness of second layer to thickness of negative active material would be within the claimed range because "[W]here the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation." In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955).
Regarding claim 5, Woo et al., teaches wherein the silicon oxide containing the alkali earth metal includes silicon oxide containing magnesium (0017; 0034) and/or silicon oxide containing calcium (0017; 0034).
Regarding claim 6, Woo et al., teaches wherein the negative electrode active material layer contains a carbon material (0054).
Regarding claim 7, Woo et al., teaches wherein the first layer further contains silicon oxide containing an alkali metal in addition to the silicon oxide containing the alkali earth metal (0032) (Fig. 1-3).
Regarding claim 8, Woo et al., teaches wherein the second layer further contains silicon oxide (Fig. 1-3) containing an alkali metal in addition to the silicon oxide containing the alkali earth metal (0032).
Regarding claim 9, Woo et al., teaches wherein the silicon oxide containing the alkali metal includes silicon oxide containing lithium (0032).
Regarding claim 10, Woo et al., teaches a nonaqueous electrolyte secondary battery (0057) comprising: the negative electrode (0043) according to claim 1; a positive electrode (0043); and a nonaqueous electrolyte (0056).
Response to Arguments
6. Applicant's arguments filed 11/26/2025 have been fully considered but they are not persuasive. The Applicant argues that “the interpretation asserted by the Office is that one layer 200 designated as both the first layer and the second layer. According to the description of Woo, two layers are not formed on the negative electrode 100.”
However, Woo teaches the negative electrode active material layer (negative electrode 100; Fig. 1, 2) includes at least a first layer (first layer 200) and a second layer (composite layers; 0016), both the first layer (lithium metal powder 220 and inorganic
material powder 210) and the second layer contain silicon oxide (lithium metal inorganic composite layer 201) doped with at least one alkali earth metal (0032-0034).
Conclusion
7. Any inquiry concerning this communication or earlier communications from the examiner should be directed to ANGELA J MARTIN whose telephone number is (571)272-1288. The examiner can normally be reached 7am-4pm.
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ANGELA J. MARTIN
Examiner
Art Unit 1727
/ANGELA J MARTIN/Examiner, Art Unit 1727
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