DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Response to Amendment
In response to the amendment received November 25, 2025:
Claims 1-4 and 7-22 are pending. Claims 5-6 have been cancelled as per applicant’s request.
The core of the previous rejection is maintained with slight changes made in light of the amendment. All changes to the rejection are necessitated by the amendment.
Claim Objections
Claim 14 objected to because of the following informalities:
In line 3 “…containing the alkali metal contained in the first layer is same as a total amount of the silicon oxide…” should recite “…containing the alkali metal contained in the first layer is the same as a total amount of the silicon oxide…” . Appropriate correction is required.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4 and 7-10 are rejected under 35 U.S.C. 103 as being unpatentable over Uehara et al. (US 2019/0305375) in view of Lee et al. (US 2020/0274147).
Regarding Claim 1, Uehara et al. teaches a secondary battery comprising a negative electrode (i.e. a secondary battery negative electrode) comprising a negative electrode current collector and a negative electrode active material layer formed on the negative electrode current collector (i.e. a negative electrode current collector; and a negative electrode active material layer formed on a surface of the negative electrode current collector) (Para. [0013]) wherein the negative electrode active material layer contains silicon oxide (Para. [0025]) (i.e. the negative electrode active material layer contains silicon dioxide) wherein the negative electrode mixture layer is composed of an upper mixture layer (Fig. 2, #22b) and a lower mixture layer (Fig. 2, #22a) (Para. [0061]) (i.e. the negative electrode active material layer includes at least a first layer and a second layer) wherein the lower mixture layer (i.e. the first layer) is disposed between the upper mixture layer (i.e. the second layer) and the negative electrode current collector (Fig. 2, #21), wherein the upper layer has 0 parts by mass silicon oxide (i.e. the second layer contains 2 mass% or less of the silicon oxide) and the lower layer has 9 parts by mass silicon dioxide (i.e. an amount of the silicon oxide is higher in the first layer) and contains lithium salt and sodium salt in the upper layer that are higher than the amount of lithium salt and sodium salt in the lower layer (i.e. an amount of alkali metal in the first layer is lower than an amount of alkali metal in the second layer) (Table 1, E1) and the layer nearer the outer surface may contain silicon compounds (Para. [0024]) and teaches, as other silicon compounds, lithium silicate may be used (Para. [0026]) (i.e. a silicon oxide containing at least one alkali metal).
Uehara et al. does not teach the silicon oxide containing at least one alkali earth metal or an amount of the alkali earth metal in the first layer is higher than an amount of the alkali earth metal in the second layer.
However, Lee et al. teaches a negative electrode active material for a lithium secondary battery (Para. [0029]) wherein the silicon oxide may be doped with at least one of magnesium and calcium (i.e. silicon oxide containing at least one alkali earth metal) (Para. [0011]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the silicon oxide of Uehara et al. to incorporate the teaching of being doped with magnesium and/or calcium as taught by Lee et al., as incorporating such alkali earth metals would overcome the drawback of silicon oxide having low initial efficiency (Para. [0030]), resulting in improved initial efficiency (Para. [0033]). The natural result of the combination of Uehara as modified by Lee et al. would have a second layer containing 2 mass% or less of the silicon oxide containing the alkali earth metal and an amount of the alkali earth metal in the first layer would be higher than an amount of the alkali earth metal in the second layer (as the first layer has higher parts by mass silicon dioxide, which is doped with magnesium). Regarding the method of measuring the amount of alkali earth metal and alkali metal claimed, as the structure of Uehara et al. as modified by Lee et al. has an amount of the alkali earth metal in the first layer higher than an amount of alkali earth metal in the second layer and an amount of alkali metal in the first layer lower than an amount of alkali metal in the second layer, the structural limitations of the claim are met and the method in which the amount is measured does not change the underlying structural properties of the amount of alkali earth metal and alkali metal.
Regarding Claim 2, Uehara et al. as modified by Lee et al. teaches all of the elements of the current invention in claim 1 as explained above.
Uehara et al. further teaches the lower layer has 9 parts by mass silicon dioxide (i.e. in modified Uehara, the first layer contains 2 mass% or more of the silicon oxide containing the alkali earth metal, relative to 100 mass% of the negative electrode active material in the first layer) (Table 1, E1).
Regarding Claim 3, Uehara et al. as modified by Lee et al. teaches all of the elements of the current invention in claim 1 as explained above.
Uehara et a. further teaches a ratio of the amounts applied of the lower layer slurry to the upper layer slurry was set to 65:35 (Para. [0088]) (i.e. a ratio of an average thickness of the first layer to an average thickness of the negative electrode active material layer is 65%, within the claimed range of 20% or more and 70% or less).
Regarding Claim 4, Uehara et al. as modified by Lee et al. teaches all of the elements of the current invention in claim 1 as explained above.
Uehara et al. does not teach the silicon oxide containing magnesium and/or silicon oxide containing calcium.
However, Lee et al. teaches a negative electrode active material for a lithium secondary battery (Para. [0029]) wherein the silicon oxide may be doped with at least one of magnesium and calcium (i.e. silicon oxide containing magnesium and/or silicon oxide containing calcium) (Para. [0011]).
Regarding Claim 7, Uehara et al. as modified by Lee et al. teaches all of the elements of the current invention in claim 5 as explained above.
Uehara et al. further teaches the layer nearer the outer surface may contain silicon compounds (Para. [0024]) and teaches, as other silicon compounds, lithium silicate may be used (Para. [0026]) (i.e. the silicon oxide containing the alkali metal includes silicon oxide containing lithium).
Regarding Claim 8, Uehara et al. as modified by Lee et al. teaches all of the elements of the current invention in claim 1 as explained above.
Uehara et al. further teaches the negative electrode active material layer contains a carbon material (Para. [0025]).
Regarding Claim 9, Uehara et al. teaches a secondary battery having an electrolyte solution containing nonaqueous solvents (i.e. a nonaqueous electrolyte secondary battery) comprising the negative electrode, a positive electrode and a nonaqueous electrolyte (Para. [0013]), comprising a negative electrode (i.e. a secondary battery negative electrode) comprising a negative electrode current collector and a negative electrode active material layer formed on the negative electrode current collector (i.e. a negative electrode current collector; and a negative electrode active material layer formed on a surface of the negative electrode current collector) (Para. [0013]) wherein the negative electrode active material layer contains silicon oxide (Para. [0025]) (i.e. the negative electrode active material layer contains silicon dioxide) wherein the negative electrode mixture layer is composed of an upper mixture layer (Fig. 2, #22b) and a lower mixture layer (Fig. 2, #22a) (Para. [0061]) (i.e. the negative electrode active material layer includes at least a first layer and a second layer) wherein the lower mixture layer (i.e. the first layer) is disposed between the upper mixture layer (i.e. the second layer) and the negative electrode current collector (Fig. 2, #21), wherein the upper layer has parts by mass silicon oxide (i.e. the second layer contains 2 mass% or less of the silicon oxide) and the lower layer has 7.6 parts by mass silicon dioxide (i.e. an amount of the silicon oxide is higher in the first layer) and contains lithium salt and sodium salt in the upper layer that are higher than the amount of lithium salt and sodium salt in the lower layer (i.e. an amount of alkali metal in the first layer is lower than an amount of alkali metal in the second layer) (Table 1, E1) and the layer nearer the outer surface may contain silicon compounds (Para. [0024]) and teaches, as other silicon compounds, lithium silicate may be used (Para. [0026]) (i.e. a silicon oxide containing at least one alkali metal).
Uehara et al. does not teach the silicon oxide containing at least one alkali earth metal or an amount of the alkali earth metal in the first layer is higher than an amount of the alkali earth metal in the second layer.
However, Lee et al. teaches a negative electrode active material for a lithium secondary battery (Para. [0029]) wherein the silicon oxide may be doped with at least one of magnesium and calcium (i.e. silicon oxide containing at least one alkali earth metal) (Para. [0011]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the silicon oxide of Uehara et al. to incorporate the teaching of being doped with magnesium and/or calcium as taught by Lee et al., as incorporating such alkali earth metals would overcome the drawback of silicon oxide having low initial efficiency (Para. [0030]), resulting in improved initial efficiency (Para. [0033]). The natural result of the combination of Uehara as modified by Lee et al. would have a second layer containing 2 mass% or less of the silicon oxide containing the alkali earth metal and an amount of the alkali earth metal in the first layer would be higher than an amount of the alkali earth metal in the second layer (as the first layer has higher parts by mass silicon dioxide, which is doped with magnesium). Regarding the method of measuring the amount of alkali earth metal and alkali metal claimed, as the structure of Uehara et al. as modified by Lee et al. has an amount of the alkali earth metal in the first layer higher than an amount of alkali earth metal in the second layer and an amount of alkali metal in the first layer lower than an amount of alkali metal in the second layer, the structural limitations of the claim are met and the method in which the amount is measured does not change the underlying structural properties of the amount of alkali earth metal and alkali metal.
Regarding Claim 10, Uehara et al. as modified by Lee et al. teaches all of the elements of the current invention in claim 1 as explained above.
Uehara further teaches both layers may contain silicon oxide (Para. [0024]) and may contain lithium silicate within the silicon oxide (Para. [0027]) (i.e. both the first and second layer contain the silicon oxide containing the alkali metal).
Uehara et al. does not teach the silicon oxide containing at least one alkali earth metal.
However, Lee et al. teaches a negative electrode active material for a lithium secondary battery (Para. [0029]) wherein the silicon oxide may be doped with at least one of magnesium and calcium (i.e. silicon oxide containing at least one alkali earth metal) (Para. [0011]).
It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the silicon oxide of Uehara et al. to incorporate the teaching of being doped with magnesium and/or calcium as taught by Lee et al., as incorporating such alkali earth metals would overcome the drawback of silicon oxide having low initial efficiency (Para. [0030]), resulting in improved initial efficiency (Para. [0033]). The natural result of the combination of Uehara as modified by Lee et al. would have a both the first and second layer contain the silicon oxide containing the alkali earth metal as both layers may contain silicon oxide.
Allowable Subject Matter
Claims 11-14 are objected to as being dependent upon a rejected base claim, but would be allowable if rewritten in independent form including all of the limitations of the base claim and any intervening claims.
The following is a statement of reasons for the indication of allowable subject matter:
Claim 11 requires a secondary battery negative electrode requiring the elements therein. Notably, the claim requires the first layer contains the silicon oxide containing the alkali earth metal and does not contain the silicon oxide containing the alkali metal, and the second layer contains both the silicon oxide containing the alkali earth metal and the silicon oxide containing the alkali metal. Uehara teaches a secondary battery comprising a negative electrode (i.e. a secondary battery negative electrode) a negative electrode active material layer the negative electrode active material layer contains silicon oxide (Para. [0025]) wherein the negative electrode mixture layer is composed of an upper mixture layer (Fig. 2, #22b) and a lower mixture layer (Fig. 2, #22a) (Para. [0061]) (i.e. the negative electrode active material layer includes at least a first layer and a second layer) wherein both layers may contain silicon oxide (Para. [0024]) and may contain lithium silicate within the silicon oxide (Para. [0027]) (i.e. both the first and second layer contain the silicon oxide containing the alkali metal). Lee et al. teaches a negative electrode active material for a lithium secondary battery (Para. [0029]) wherein the silicon oxide may be doped with at least one of magnesium and calcium (i.e. silicon oxide containing at least one alkali earth metal) (Para. [0011]). The natural result of the combination of Uehara as modified by Lee et al. would have a both the first and second layer contain the silicon oxide containing the alkali earth metal as both layers may contain silicon oxide. However, none of the prior art teaches the first layer contains the silicon oxide containing the alkali earth metal and does not contain the silicon oxide containing the alkali metal, and the second layer contains both the silicon oxide containing the alkali earth metal and the silicon oxide containing the alkali metal and there is no suggestion or motivation to arrive at the claimed invention. Thus, none of the prior art alone or in combination renders obvious the claimed invention of claim 11.
Claim 12 requires a secondary battery negative electrode requiring the elements therein. Notably, the claim requires the first layer contains the silicon oxide containing the alkali earth metal and does not contain the silicon oxide containing the alkali metal, and the second layer contains the silicon oxide containing the alkali metal and does not contain the silicon oxide containing the alkali earth metal. Uehara teaches a secondary battery comprising a negative electrode (i.e. a secondary battery negative electrode) a negative electrode active material layer the negative electrode active material layer contains silicon oxide (Para. [0025]) wherein the negative electrode mixture layer is composed of an upper mixture layer (Fig. 2, #22b) and a lower mixture layer (Fig. 2, #22a) (Para. [0061]) (i.e. the negative electrode active material layer includes at least a first layer and a second layer) wherein both layers may contain silicon oxide (Para. [0024]) and may contain lithium silicate within the silicon oxide (Para. [0027]) (i.e. both the first and second layer contain the silicon oxide containing the alkali metal). Lee et al. teaches a negative electrode active material for a lithium secondary battery (Para. [0029]) wherein the silicon oxide may be doped with at least one of magnesium and calcium (i.e. silicon oxide containing at least one alkali earth metal) (Para. [0011]). The natural result of the combination of Uehara as modified by Lee et al. would have a both the first and second layer contain the silicon oxide containing the alkali earth metal as both layers may contain silicon oxide. However, none of the prior art teaches the first layer contains the silicon oxide containing the alkali earth metal and does not contain the silicon oxide containing the alkali metal, and the second layer contains the silicon oxide containing the alkali metal and does not contain the silicon oxide containing the alkali earth metal and there is no suggestion or motivation to arrive at the claimed invention. Thus, none of the prior art alone or in combination renders obvious the claimed invention of claim 12.
Claim 13 requires a secondary battery negative electrode requiring the elements therein. Notably, the claim requires the first layer contains the silicon oxide containing the alkali earth metal and the silicon oxide containing the alkali metal, and the second layer contains the silicon oxide containing the alkali metal and does not contain the silicon oxide containing the alkali earth metal. Uehara teaches a secondary battery comprising a negative electrode (i.e. a secondary battery negative electrode) a negative electrode active material layer the negative electrode active material layer contains silicon oxide (Para. [0025]) wherein the negative electrode mixture layer is composed of an upper mixture layer (Fig. 2, #22b) and a lower mixture layer (Fig. 2, #22a) (Para. [0061]) (i.e. the negative electrode active material layer includes at least a first layer and a second layer) wherein both layers may contain silicon oxide (Para. [0024]) and may contain lithium silicate within the silicon oxide (Para. [0027]) (i.e. both the first and second layer contain the silicon oxide containing the alkali metal). Lee et al. teaches a negative electrode active material for a lithium secondary battery (Para. [0029]) wherein the silicon oxide may be doped with at least one of magnesium and calcium (i.e. silicon oxide containing at least one alkali earth metal) (Para. [0011]). The natural result of the combination of Uehara as modified by Lee et al. would have a both the first and second layer contain the silicon oxide containing the alkali earth metal as both layers may contain silicon oxide. However, none of the prior art teaches the first layer contains the silicon oxide containing the alkali earth metal and the silicon oxide containing the alkali metal, and the second layer contains the silicon oxide containing the alkali metal and does not contain the silicon oxide containing the alkali earth metal and there is no suggestion or motivation to arrive at the claimed invention. Thus, none of the prior art alone or in combination renders obvious the claimed invention of claim 13.
Claim 14 requires a secondary battery negative electrode requiring the elements therein. Notably, the claim requires the second layer contains 2 mass% or less of the silicon oxide containing the alkali metal, relative to 100 mass% of negative electrode active material in the second layer and a total amount of the silicon oxide containing the alkali earth metal and/or the silicon oxide containing the alkali metal contained in the first layer is same as a total amount of the silicon oxide containing the alkali earth metal and/or the silicon oxide containing the alkali metal contained in the second layer. Uehara teaches a secondary battery comprising a negative electrode (i.e. a secondary battery negative electrode) a negative electrode active material layer the negative electrode active material layer contains silicon oxide (Para. [0025]) wherein the negative electrode mixture layer is composed of an upper mixture layer (Fig. 2, #22b) and a lower mixture layer (Fig. 2, #22a) (Para. [0061]) (i.e. the negative electrode active material layer includes at least a first layer and a second layer) wherein both layers may contain silicon oxide (Para. [0024]) and may contain lithium silicate within the silicon oxide (Para. [0027]) (i.e. both the first and second layer contain the silicon oxide containing the alkali metal) wherein a total amount of the silicon oxide containing the alkali metal contained in the first layer is same as a total amount of the silicon oxide containing the alkali metal contained in the second layer (Table 1, E5). However, the second layer in this example does not contain 2 mass% or less of the silicon oxide containing the alkali metal. Lee et al. teaches a negative electrode active material for a lithium secondary battery (Para. [0029]) wherein the silicon oxide may be doped with at least one of magnesium and calcium (i.e. silicon oxide containing at least one alkali earth metal) (Para. [0011]). The natural result of the combination of Uehara as modified by Lee et al. would have a both the first and second layer contain the silicon oxide containing the alkali earth metal as both layers may contain silicon oxide. However, none of the prior art teaches the second layer contains 2 mass% or less of the silicon oxide containing the alkali metal, relative to 100 mass% of negative electrode active material in the second layer and a total amount of the silicon oxide containing the alkali earth metal and/or the silicon oxide containing the alkali metal contained in the first layer is same as a total amount of the silicon oxide containing the alkali earth metal and/or the silicon oxide containing the alkali metal contained in the second layer and there is no suggestion or motivation to arrive at the claimed invention. Thus, none of the prior art alone or in combination renders obvious the claimed invention of claim 14.
Claim 15-22 are allowed.
The following is a statement of reasons for the indication of allowable subject matter: none of the prior art of record, alone or in combination, appears to teach, suggest or render obvious the invention of at least claim 15.
Claim 15 teaches a secondary battery negative electrode comprising the elements therein. Notably, the claim requires a negative electrode active material layer including at least a first layer and a second layer, the second layer contains silicon oxide containing at least one alkali metal, an amount of the alkali earth metal layer in the first layer is higher than an amount of the alkali earth metal in the second layer and an amount of the silicon oxide containing alkali metal contained in the second layer is more than 0 mass% and 10 mass% or less, relative to 100 mass% of the negative electrode active material in the second layer. Uehara et al. teaches a secondary battery comprising a negative electrode (i.e. a secondary battery negative electrode) comprising a negative electrode active material layer (i.e. a negative electrode active material layer formed on a surface of the negative electrode current collector) (Para. [0013]) wherein the negative electrode active material layer contains silicon oxide (Para. [0025]) (i.e. the negative electrode active material layer contains silicon dioxide) wherein the negative electrode mixture layer is composed of an upper mixture layer (Fig. 2, #22b) and a lower mixture layer (Fig. 2, #22a) (Para. [0061]) (i.e. the negative electrode active material layer includes at least a first layer and a second layer) wherein the upper layer has 2 parts by mass silicon oxide (i.e. the second layer contains 2 mass% or less of the silicon oxide) and the lower layer has 9 parts by mass silicon dioxide (i.e. an amount of the silicon oxide is higher in the first layer) and contains lithium salt and sodium salt in the upper layer that are higher than the amount of lithium salt and sodium salt in the lower layer (i.e. an amount of alkali metal in the first layer is lower than an amount of alkali metal in the second layer) (Table 1, E1) and the layer nearer the outer surface may contain silicon compounds (Para. [0024]) and teaches, as other silicon compounds, lithium silicate may be used (Para. [0026]) (i.e. the second layer contains silicon oxide containing at least one alkali metal). Lee et al. teaches a negative electrode active material for a lithium secondary battery (Para. [0029]) wherein the silicon oxide may be doped with at least one of magnesium and calcium (i.e. silicon oxide containing at least one alkali earth metal) (Para. [0011]). The natural result of the combination of Uehara as modified by Lee et al. would have a second layer containing 2 mass% or less of the silicon oxide containing the alkali earth metal and an amount of the alkali earth metal in the first layer would be higher than an amount of the alkali earth metal in the second layer (as the first layer has higher parts by mass silicon dioxide, which is doped with magnesium). However, none of the prior art teaches an amount of the silicon oxide containing the alkali metal contained in the second layer is more than 0 mass% and 10 mass% or less, relative to 100 mass% of the negative electrode active material in the second layer. There is no teaching, suggestion or motivation to arrive at the claimed invention of claim 1 (a secondary battery negative electrode comprising a negative electrode active material layer including at least a first layer and a second layer, the second layer contains silicon oxide containing at least one alkali metal, an amount of the alkali earth metal layer in the first layer is higher than an amount of the alkali earth metal in the second layer and an amount of the silicon oxide containing alkali metal contained in the second layer is more than 0 mass% and 10 mass% or less, relative to 100 mass% of the negative electrode active material in the second layer) in the prior art. Thus, none of the prior art alone or in combination renders obvious the invention of claim 15. Since claims 16-22 are dependent upon claim 15, they are allowable for the same reason.
Response to Arguments
Applicant's arguments filed November 25, 2025 have been fully considered but they are not persuasive.
Applicant argues the references do not teach an amount of the alkali metal in the first layer is lower than an amount of the alkali metal in the second layer.
Examiner respectfully disagrees. Uehara et al. teaches the negative electrode active material layer contains lithium salt and sodium salt in the upper layer that are higher than the amount of lithium salt and sodium salt in the lower layer (i.e. an amount of alkali in the first layer is lower than an amount of the alkali metal in the second layer). Thus, the argument is not persuasive.
Applicant argues the references do not teach an amount of the alkali earth metal in the first layer is higher than an amount of the alkali earth metal in the second layer.
Examiner respectfully disagrees. The natural result of the combination of Uehara as modified by Lee et al. would have an amount of the alkali earth metal in the first layer higher than an amount of the alkali earth metal in the second layer, as the first layer of Uehara has higher parts by mass silicon dioxide (see Table 1), which is doped with magnesium (i.e. alkaline earth metal) in the combination. It is unclear how the differences between the single-layer structure of Lee and the two-layer structure of Uehara preclude the combination. Thus, the argument is not persuasive.
Applicant argues the present invention provides unexpected results.
Furthermore, applicant appears to be arguing unexpected results. However, the burden to show unexpected results, as required by MPEP 716.02 has not been provided. Examiner suggests Applicant review MPEP 716.02 in full to see the burden that must be met to show unexpected results. For example, the unexpected result is not a comparison to the closest prior art, see MPEP 716.02(e). Additionally, the comparison between Example 1 and 11 compares only one point inside the claimed ranges and one point outside the claimed ranges. To establish unexpected results over a claimed range, applicants should compare a sufficient number of tests both inside and outside the claimed range to show the criticality of the claimed range. Thus the argument is not persuasive and unexpected effects have not been demonstrated.
Applicant argues that the dependent claims (2-4 and 7-8) are distinct from the prior art of record for the same reason as the independent claim 1.
Examiner respectfully disagrees. The rejection with respect to the independent claim has been maintained, and thus the rejections to the dependent claims are maintained as well.
The arguments regarding claim 15 are persuasive and therefore claim 15 and its dependent claims have been indicated as allowable.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). Applicant is reminded of the extension of time policy as set forth in 37 CFR 1.136(a).
A shortened statutory period for reply to this final action is set to expire THREE MONTHS from the mailing date of this action. In the event a first reply is filed within TWO MONTHS of the mailing date of this final action and the advisory action is not mailed until after the end of the THREE-MONTH shortened statutory period, then the shortened statutory period will expire on the date the advisory action is mailed, and any nonprovisional extension fee (37 CFR 1.17(a)) pursuant to 37 CFR 1.136(a) will be calculated from the mailing date of the advisory action. In no event, however, will the statutory period for reply expire later than SIX MONTHS from the mailing date of this final action.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ARMINDO CARVALHO JR. whose telephone number is (571)272-5292. The examiner can normally be reached Monday-Thursday 7:30a.m.-5p.m..
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/ARMINDO CARVALHO JR./ Primary Examiner, Art Unit 1729