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 .
The Applicant has amended independent claims 1, 14 and dependent claims 2, 3, 5, 7-9; canceled claim 6; added new claims 11-16. The pending claims are claims 1-5, 7-16.
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claim(s) 1-5, 7-16 is/are rejected under 35 U.S.C. 102(a)(2) as being anticipated by Matsuno et al., US 20160285081.
Regarding claim 1, Matsuno et al., teaches a secondary battery (abstract; 0016) negative electrode (abstract; 0016) comprising: a negative electrode current collector (0016); and a negative electrode active material layer (0016) formed on a surface of the negative electrode current collector (0016), wherein the negative electrode active material layer (0016) includes at least a first layer (0016) and a second layer (0016), both the first layer and second layer contain a carbon material as a negative electrode active material (0031; 0034; 0042), both the first layer and the second layer contain silicon oxide (0016; 0022-0023) doped with at least one alkali earth metal (0084; 0096-0097), the first layer is disposed between the second layer and the negative electrode current collector (0016; 0022); an amount of the alkali earth metal in the second layer is higher than an amount of the alkali earth metal in the first layer (0016; 0022; 0032-0033).
Regarding claim 2, Matsuno et al., teaches wherein the second layer contains at least 2 mass% or more of the silicon oxide doped with the alkali earth metal (1.5 to 85 mass%) (0027), relative to 100 mass% of the negative electrode active material in the second layer (1.5 to 85 mass%) (0027).
Regarding claim 3, Matsuno et al., teaches wherein the first layer contains less than 2 mass% of the silicon oxide containing the alkali earth metal (1.5 mass %) (0027-0028), relative to 100 mass% of the negative electrode active material in the first layer.
Regarding claim 4, Matsuno 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 5% or more to 50% or less (0037-0038).
Regarding claim 5, Matsuno et al., teaches wherein the silicon oxide containing the alkali earth metal includes silicon oxide containing magnesium (0084; 0096-0097).
Regarding claim 7, Matsuno et al., teaches wherein the first layer further contains silicon oxide (0110) containing an alkali metal in addition to the silicon oxide containing the alkali earth metal (0084; 0096-0097).
Regarding claim 8, Matsuno et al., teaches wherein the second layer further contains silicon oxide (0016; 0021-0022) containing an alkali metal in addition to the silicon oxide containing the alkali earth metal (0031-0032).
Regarding claim 9, Matsuno et al., teaches wherein the silicon oxide containing the alkali metal includes silicon oxide containing lithium (0016; 0021; 0023).
Regarding claim 10, Matsuno et al., teaches a nonaqueous electrolyte secondary battery (0015-0016) comprising: the negative electrode (0016) according to claim 1; a positive electrode (0027; 0054); and a nonaqueous electrolyte (0015; 0017-0020).
Regarding claim 11, Matsuno et al., teaches wherein both the first layer and the second layer contain graphite as the negative electrode active material (0034; 0042; 0062).
Regarding claim 12, Matsuno et al., teaches wherein the second layer does not contain the silicon oxide (0016) doped with the alkali metal (0016; 0022; 0036).
Regarding claim 13, Matsuno et al., teaches secondary battery negative electrode (0015-0016) according to claim 1, wherein both the first layer and the second layer contain the silicon oxide doped with the alkali metal (0084; 0096-0097), and an amount of the silicon oxide doped with the alkali metal in the first layer is higher than an amount of the silicon oxide doped with the alkali earth metal in the second layer (0016; 0022; 0032-0033).
Regarding claim 14, Matsuno et al., teaches a secondary battery negative electrode (0016) comprising: a negative electrode current collector (0016-0017); and
a negative electrode active material layer formed on a surface of the negative electrode current collector (0016-0017), wherein
the negative electrode active material layer includes at least a first layer (0016; 0022) and a second layer (0016; 0022),
both the first layer and the second layer contain a carbon material as a negative electrode active material (0031; 0034; 0042),
the second layer contains silicon oxide doped with at least one alkali earth metal (0042), the first layer does not contain silicon oxide doped with at least one alkali earth metal (0016; 0021-0022; 0031), the first layer contains silicon oxide doped with at least one alkali metal (0096-0097),
the first layer is disposed between the second layer and the negative electrode current collector (0016-0017), and
an amount of the alkali earth metal in the second layer is higher than an amount of the alkali earth metal in the first layer (0016; 0022; 0032-0033).
Regarding claim 15, Matsuno et al., teaches wherein the second first layer does not contain the silicon oxide doped with the alkali metal (0016; 0021-0022; 0031).
Regarding claim 16, Matsuno et al., teaches wherein both the first layer and the second layer (abstract; 0016; 0022) contain the silicon oxide doped with the alkali metal (0042), and an amount of the silicon oxide doped with the alkali metal in the first layer is higher than an amount of the silicon oxide doped with the alkali earth metal in the second layer (0016; 0022; 0032-0033).
Thus, the claims are anticipated.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-5, 7-16 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Barbara Gilliam can be reached at 571-272-1330. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
ANGELA J. MARTIN
Examiner
Art Unit 1727
/ANGELA J MARTIN/Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
Prosecution Insights