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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 05/01/2026 has been entered.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-5 and 7-14 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.
Tanaami (US-20210075020-A1) is newly applied in combination with Chae to teach amended claim 1.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-5, 7-11, 14-20 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chae (KR-20190115706-A), and further in view of Tanaami (US-20210075020-A1), and Mizuno (US 20180013136 A1).
Regarding claim 1, Chae teaches a negative electrode for a lithium secondary battery (see e.g., Chae; [0001]), comprising: a negative electrode current collector layer; a first negative electrode active material layer on one surface or both surfaces of the negative electrode current collector layer; and a second negative electrode active material layer on a surface opposite to a surface of the first negative electrode active material layer facing the negative electrode current collector layer, wherein the first negative electrode active material layer comprises a first negative electrode active material layer composition comprising a first negative electrode active material, and the second negative electrode active material layer comprises a second negative electrode active material layer composition comprising a second negative electrode active material (see e.g., Chae; [0016]-[0018] regarding a negative electrode current collector, a first negative electrode active material layer formed on the negative electrode current collector including a first negative electrode active material, and a second negative electrode active material layer which includes a second negative electrode active material formed on the first negative electrode active material layer),
the first negative electrode active material comprises SiOx, wherein x=0 (see e.g., Chae; [0021]-[0022], [0059] regarding the first active material selected from a group including Si which is the same as SiOx, x=0 and that the first active material is silicon-based),
the second negative electrode active material comprises one or more selected from the group consisting of a carbon-containing active material, a silicon-containing active material, a metal-containing active material capable of forming an alloy with lithium and a lithium-containing nitride (see e.g., [0065] regarding the second negative electrode active material being lithiated graphene, lithiated silicon, or lithiated graphite). Chae only discloses these three materials as the second active material and does not disclose that they are used in combination with each other. Therefore, Chae discloses the second active material comprising up to 100% of lithiated silicon which overlaps with the claimed range of the silicon-containing active material present in an amount of 1 part by weight or more and 100 parts by weight or less based on 100 parts by weight of the second negative electrode active material.
As above, Chae discloses the inclusion of Si, which is SiOx wherein x=0 (see e.g., Chae; [0021]-[0022], [0059] regarding the first active material selected from a group including Si which is the same as SiOx, x=0 and that the first active material is silicon-based). Chae does not explicitly disclose the first negative electrode active material layer composition comprises the first negative electrode active material as the sole negative electrode active material, and the first negative electrode active material consists of pure silicon. However, Tamaani discloses a first and a second negative electrode active material in a first and second negative electrode active material layer, wherein the first negative electrode active material may be at least one selected from a group including silicon (see e.g., Tamaani; [0049]). Tamaani is further analogous art because Tamaani discloses wherein the first negative electrode layer and the second negative electrode layer are applied to opposing sides of the current collector (see e.g., Tamaani; [0012]), which similarly corresponds to the claimed first and second negative electrode layers on surface opposite to each other. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have selected just silicon as the first negative electrode active material as disclosed by Tamaani such that pure silicon is the sole first negative electrode active material. One of ordinary skill in the art would have been motivated to make this modification in order to suppress output drops and provide excellent output density (see e.g., Tamaani; [0016]).
Chae discloses the negative electrode active material layer with the overlapping range as described above and a prelithiation solution comprising lithium salt and an organic solvent (see e.g., [0042]). Chae also discloses the lithium salt may be Li+ as a cation and an anion such as F-, Cl-, I-, and others (see e.g., [0103]) which are the same anions disclosed in the instant specifications. Chae also disclose the solvent may be ethylene carbonate, butylene carbonate, and other organic carbonates (see e.g., [0104]) which are the same solvents disclosed in the instant specifications.
Additionally, Mizuno discloses a thickness of the negative electrode active material layer 44 is 20 μm to 300 μm (see e.g., [0049]). Furthermore, the active material layer 44 is divided in first region R1 and second region R2 wherein R2 has thickness of 1% to 50% of the total negative electrode layer 44 (see e.g., [0048]). Thus, R2 layer may be 0.2 μm to 150 μm thick and R1 layer may be 10 μm to 297 μm thick, which overlaps with the instant specifications of first negative electrode active material layer having a thickness of 10 μm or more and 200 μm or less, and the second negative electrode active material layer having a thickness of 10 μm or more and 100 μm or less. Mizuno is equivalent analogous art because Mizuno similarly teaches a negative electrode active material layer that includes SiO provided for a lithium secondary battery. 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 negative electrode layer thickness of Chae by providing a thickness of 10 μm to 200 μm disclosed by Mizuno. One of ordinary skill in the art would have been motivated to make this modification in order to achieve a desired thickness and density of the layer (see e.g., [0049]).
Because the battery structure including the second negative electrode active material layer of a silicon-containing material present up to 100 parts by weight of modified Chae are identical to those provided in the instant specifications, it is the examiner’s position that the resulting properties and structure would satisfy the following equation for the second negative electrode active material layer: 0.5 ≤ B/A ≤ 2 wherein A is a discharge capacity of the second negative electrode active material layer, and B means a capacity of pre-lithiation lithium.
MPEP 2112 I states “[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer.” Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999). Thus the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable. In re Best, 562 F.2d 1252, 1254, 195 USPQ 430, 433 (CCPA 1977).
Regarding claim 2, modified Chae teaches the negative electrode of claim 1, wherein the silicon-containing active material comprises one or more selected from the group consisting of SiOx, wherein 0<x<2, SiC, and a Si alloy (see e.g., [0065] regarding the second negative electrode active material being lithiated silicon which is a Si alloy).
Regarding claim 3, modified Chae teaches the negative electrode of claim 1. Chae does not explicitly disclose the silicon-containing second active material comprises SiOx, wherein 0<x<2. However, Chae discloses SiOx, 0<x≤2 provided in the first active material layer (see e.g., [0061]). 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 second active material layer by providing it with additional SiOx, 0<x≤2. One of ordinary skill in the art would have been motivated to make this modification in order to further increase theoretical capacity of the negative electrode (see e.g., [0004]).
Regarding claim 4, modified Chae teaches the negative electrode of claim 1, wherein the first negative electrode active material is present in an amount of 60 parts by weight or more based on 100 parts by weight of the first negative electrode active material layer composition (see e.g., [0135] regarding example 1 and the first active material in an amount of 92% by weight of the composition layer which overlaps with the claimed 60 parts by weight or more based on 100 parts by weight).
Regarding claim 5, modified Chae teaches the negative electrode of claim 1. Chae does not explicitly disclose the first negative electrode active material layer has a thickness of 10 μm or more and 200 μm or less, and the second negative electrode active material layer has a thickness of 10 μm or more and 100 μm or less. However, Mizuno discloses a thickness of the negative electrode active material layer 44 is 20 μm to 300 μm (see e.g., [0049]). Furthermore, the active material layer 44 is divided in first region R1 and second region R2 wherein R2 has thickness of 1% to 50% of the total negative electrode layer 44 (see e.g., [0048]). Thus, R2 layer may be 0.2 μm to 150 μm thick and R1 layer may be 10 μm to 297 μm thick, which overlaps with the claimed range of first negative electrode active material layer has a thickness of 10 μm or more and 200 μm or less, and the second negative electrode active material layer has a thickness of 10 μm or more and 100 μm or less. 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 negative electrode layer thickness of Chae by providing a thickness of 10 μm to 200 μm disclosed by Mizuno. One of ordinary skill in the art would have been motivated to make this modification in order to achieve a desired thickness and density of the layer (see e.g., [0049]).
Regarding claim 7, modified Chae teaches the negative electrode of claim 1, wherein the first negative electrode active material layer composition further comprises one or more selected from the group consisting of a first negative electrode conductive material and a first negative electrode binder (see e.g., [0062] regarding a carbon-based material in the active material layer, [0092] regarding a conductive material and/pr binder in the first negative electrode layer, [0135] regarding conductive material Denka black and binder SBR in the layer), and the second negative electrode active material layer composition further comprises one or more selected from the group consisting of a second negative electrode conductive material and a second negative electrode binder (see e.g., [0093] regarding a conductive material and/pr binder in the second negative electrode layer, [0141] regarding second negative electrode and binder PVdF).
Regarding claim 8, modified Cha teaches the negative electrode of claim 7, wherein the first negative electrode conductive material and the second negative electrode conductive material independently comprise one or more selected from the group consisting of a dotted conductive material, a linear conductive material, and a planar conductive material (see e.g., [0098] regarding the conductive material referred to in the first and second layers comprising of materials such as natural graphite, artificial graphite, carbon black, acetylene black, and more, which overlap with the instant specifications examples of dotted conductive materials).
Regarding claim 9, Chae discloses the formation (see e.g., [0078]-[0093] regarding the method of manufacturing of the negative electrode) of the following: a negative electrode for a lithium secondary battery (see e.g., [0001]), comprising: providing a negative electrode current collector layer; forming a first negative electrode active material layer on one surface or both surfaces of the negative electrode current collector layer; and forming a second negative electrode active material layer on a surface opposite to a surface of the first negative electrode active material layer facing the negative electrode current collector layer, wherein the first negative electrode active material layer comprises a first negative electrode active material layer composition comprising a first negative electrode active material, and the second negative electrode active material layer comprises a second negative electrode active material layer composition comprising a second negative electrode active material (see e.g., [0016]-[0018] regarding a negative electrode current collector, a first negative electrode active material layer formed on the negative electrode current collector including a first negative electrode active material, and a second negative electrode active material layer which includes a second negative electrode active material formed on the first negative electrode active material layer).
As above, Chae discloses the inclusion of Si, which is SiOx wherein x=0 (see e.g., Chae; [0021]-[0022], [0059] regarding the first active material selected from a group including Si which is the same as SiOx, x=0 and that the first active material is silicon-based). Chae does not explicitly disclose the first negative electrode active material layer composition comprises the first negative electrode active material as the sole negative electrode active material, and the first negative electrode active material consists of pure silicon. However, Tamaani discloses a first and a second negative electrode active material in a first and second negative electrode active material layer, wherein the first negative electrode active material may be at least one selected from a group including silicon (see e.g., Tamaani; [0049]). Tamaani is further analogous art because Tamaani discloses wherein the first negative electrode layer and the second negative electrode layer are applied to opposing sides of the current collector (see e.g., Tamaani; [0012]), which similarly corresponds to the claimed first and second negative electrode layers on surface opposite to each other. It would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have selected just silicon as the first negative electrode active material as disclosed by Tamaani such that pure silicon is the sole first negative electrode active material. One of ordinary skill in the art would have been motivated to make this modification in order to suppress output drops and provide excellent output density (see e.g., Tamaani; [0016]).
Chae discloses the negative electrode active material layer with the overlapping range as described above and a prelithiation solution comprising lithium salt and an organic solvent (see e.g., [0042]). Chae also discloses the lithium salt may be Li+ as a cation and an anion such as F-, Cl-, I-, and others (see e.g., [0103]) which are the same anions disclosed in the instant specifications. Chae also disclose the solvent may be ethylene carbonate, butylene carbonate, and other organic carbonates (see e.g., [0104]) which are the same solvents disclosed in the instant specifications.
Additionally, Mizuno discloses a thickness of the negative electrode active material layer 44 is 20 μm to 300 μm (see e.g., [0049]). Furthermore, the active material layer 44 is divided in first region R1 and second region R2 wherein R2 has thickness of 1% to 50% of the total negative electrode layer 44 (see e.g., [0048]). Thus, R2 layer may be 0.2 μm to 150 μm thick and R1 layer may be 10 μm to 297 μm thick, which overlaps with the instant specifications of first negative electrode active material layer having a thickness of 10 μm or more and 200 μm or less, and the second negative electrode active material layer having a thickness of 10 μm or more and 100 μm or less. Mizuno is equivalent analogous art because Mizuno similarly teaches a negative electrode active material layer that includes SiO provided for a lithium secondary battery. 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 negative electrode layer thickness of Chae by providing a thickness of 10 μm to 200 μm disclosed by Mizuno. One of ordinary skill in the art would have been motivated to make this modification in order to achieve a desired thickness and density of the layer (see e.g., [0049]).
Because the battery structure and the second negative electrode active material layer of a silicon-containing material present up to 100 parts by weight of modified Chae are identical to those provided in the instant specifications, it is the examiner’s position that the resulting properties and structure would satisfy the following equation for the second negative electrode active material layer: 0.5 ≤ B/A ≤ 2 wherein A is a discharge capacity of the second negative electrode active material layer, and B means a capacity of pre-lithiation lithium.
MPEP 2112 I states “[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer.” Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999). Thus the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable. In re Best, 562 F.2d 1252, 1254, 195 USPQ 430, 433 (CCPA 1977).
Regarding claim 10, modified Chae teaches the method of claim 9, the method further comprising subjecting a negative electrode in which the first negative electrode active material layer and the second negative electrode active material layer are present on the surface of the negative electrode current collector to pre-lithiation (see e.g., [0081]-[0089] regarding the formation of the negative electrode first 122 and second 112 active material layers onto current collector 120 before prelithiation), wherein the subjecting of the negative electrode to pre-lithiation comprises at least one of: a lithium electroplating process, a lithium metal transfer process, a lithium metal deposition process, or a stabilized lithium metal powder (SLMP) coating process (see e.g., [0090], [0102] regarding impregnating with pre-lithiation solution for prelithiation which corresponds with a lithium metal transfer process).
Regarding claim 11, modified Chae teaches a lithium secondary battery comprising: a positive electrode; the negative electrode for a lithium secondary battery of claim 1; a separator provided between the positive electrode and the negative electrode; and an electrolyte (see e.g., [0114] regarding a lithium secondary battery with a positive and negative electrode, a separator, and an electrolyte).
Regarding claim 14, modified Chae teaches the negative electrode of claim 1, wherein the negative electrode is pre-lithiated (see e.g., Chae; [0019]-[0020], [0022], [0036]-[0038], [0057], [0061]-[0062]).
Regarding claim 15, modified Chae teaches the negative electrode of claim 1. Chae discloses wherein the first negative electrode active material is present in an amount of 85 to 98 wt% (see e.g., Chae; [0097]), which overlaps with the claimed range of 60 parts by weight or more and 90 parts by weight or less based on 100 parts by weight of the first negative electrode active material layer composition.
MPEP 2144.05 I states that 'In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)'."
Regarding claim 16, modified Chae teaches the method of claim 9. Chae discloses wherein the first negative electrode active material is present in an amount of 85 to 98 wt% (see e.g., Chae; [0097]), which overlaps with the claimed range of 60 parts by weight or more and 90 parts by weight or less based on 100 parts by weight of the first negative electrode active material layer composition.
MPEP 2144.05 I states that 'In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990)'."
Regarding claim 19, modified Chae teaches the negative electrode of claim 1. As above regarding claim 1, because the battery structure of modified Chae are identical to those provided in the instant specifications, it is the examiner’s position that the resulting properties and structure would satisfy the following equation for the second negative electrode active material layer: 0.9 ≤ B/A ≤ 1.8 wherein A is a discharge capacity of the second negative electrode active material layer, and B means a capacity of pre-lithiation lithium.
MPEP 2112 I states “[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer.” Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999). Thus the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable. In re Best, 562 F.2d 1252, 1254, 195 USPQ 430, 433 (CCPA 1977).
Regarding claim 20, modified Chae teaches the negative electrode of claim 9. As above regarding claim 9, because the battery structure of modified Chae are identical to those provided in the instant specifications, it is the examiner’s position that the resulting properties and structure would satisfy the following equation for the second negative electrode active material layer: 0.9 ≤ B/A ≤ 1.8 wherein A is a discharge capacity of the second negative electrode active material layer, and B means a capacity of pre-lithiation lithium.
MPEP 2112 I states “[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer.” Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999). Thus the claiming of a new use, new function or unknown property which is inherently present in the prior art does not necessarily make the claim patentable. In re Best, 562 F.2d 1252, 1254, 195 USPQ 430, 433 (CCPA 1977).
Claim(s) 6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chae (KR-20190115706-A), Tanaami (US-20210075020-A1), and Mizuno (US 20180013136 A1) as applied to claim 1, and further in view of Sasaki (US-20190198935-A1).
Regarding claim 6, modified Chae teaches the negative electrode of claim 1. Chae does not explicitly disclose a weight loading amount (a) of first negative electrode active material layer composition satisfies 1.5-fold or more of a weight loading amount (b) of second negative electrode active material layer composition. However, Sasaki teaches an area density ratio of a first negative electrode active material area D1 to a second negative electrode active material area D2 of 0<D2/D1≤0.9 (see e.g., [0105] regarding the first negative electrode active material layer 22B comprising a first region and second region with area density ratios following that of the positive electrode, [0051] regarding the positive electrode area density ratio), which overlaps with the claimed first negative electrode active material layer composition satisfies 1.5-fold or more of a weight loading amount (b) of second negative electrode active material layer composition. Sasaki is equivalent analogous art because Sasaki similarly teaches a negative electrode with two layers wherein the active material preferably comprises of silicon (see e.g., [0067]-[0068]) provided in a lithium secondary battery. Therefore, 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 negative electrode disclosed by Chae such that the area density ratio is 0<D2/D1≤0.9 disclosed by Sasaki. One of ordinary skill in the art would have been motivated to make this modification in order to provide a battery that can prevent the generation of a crack and the like in an electrode (see e.g., [0004], [0006]).
Claim(s) 17-18, 21-22 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chae (KR-20190115706-A), Tanaami (US-20210075020-A1), and Mizuno (US 20180013136 A1), and further in view of Sekiguchi (US-20210305632-A1) (application US202117207980A dated 2021-03-22).
Regarding claim 17, modified Chae teaches the negative electrode of claim 1. Chae does not explicitly disclose wherein the first negative electrode active material is present in an amount of 60 parts by weight or more and 70 parts by weight or less based on 100 parts by weight of the first negative electrode active material layer composition. However, Sekiguchi discloses wherein the amount of active material in the active material layer may be 60% by mass or more and 98% by mass or less (see e.g., Chae; [0071]), which overlaps with the claimed range of 60 parts by weight or more and 70 parts by weight or less based on 100 parts by weight of the first negative electrode active material layer composition. Chae is further analogous art because Chae provides that the negative electrode active material may be silicon (see e.g., Chae; [0147], table 1). Therefore, 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 amount of negative electrode active material in the negative electrode composition layer of modified Chae to be 60-98% by mass disclosed by Sekiguchi in order to achieve high energy density and manufacturability (see e.g., Sekiguchi; [0071]).
Regarding claim 18, modified Chae teaches the negative electrode of claim 9. Chae does not explicitly disclose wherein the first negative electrode active material is present in an amount of 60 parts by weight or more and 70 parts by weight or less based on 100 parts by weight of the first negative electrode active material layer composition. However, Sekiguchi discloses wherein the amount of active material in the active material layer may be 60% by mass or more and 98% by mass or less (see e.g., Chae; [0071]), which overlaps with the claimed range of 60 parts by weight or more and 70 parts by weight or less based on 100 parts by weight of the first negative electrode active material layer composition. Chae is further analogous art because Chae provides that the negative electrode active material may be silicon (see e.g., Chae; [0147], table 1). Therefore, 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 amount of negative electrode active material in the negative electrode composition layer of modified Chae to be 60-98% by mass disclosed by Sekiguchi in order to achieve high energy density and manufacturability (see e.g., Sekiguchi; [0071]).
Regarding claim 21, modified Chae teaches the negative electrode of claim 1. Chae does not explicitly disclose wherein the first negative electrode active material has a particle diameter (D50) in a range of 3 μm to 10 μm. However, Sekiguchi discloses wherein the negative active material may have a particle size of 1 to 100 μm (see e.g., Sekiguchi; [0070]), which overlaps with the claimed range of 3 μm to 10 μm. Sekiguchi is analogous art because Sekiguchi discloses wherein the active material may be silicon (see e.g., Sekiguchi; [0149], table 1). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the silicon active material of modified Chae to be 1 to 100 μm as disclosed by Sekiguchi in order to improve electron conductivity of the negative active material layer (see e.g., Sekiguchi; [0070]).
Regarding claim 22, modified Chae teaches the negative electrode of claim 9. Chae does not explicitly disclose wherein the first negative electrode active material has a particle diameter (D50) in a range of 3 μm to 10 μm. However, Sekiguchi discloses wherein the negative active material may have a particle size of 1 to 100 μm (see e.g., Sekiguchi; [0070]), which overlaps with the claimed range of 3 μm to 10 μm. Sekiguchi is analogous art because Sekiguchi discloses wherein the active material may be silicon (see e.g., Sekiguchi; [0149], table 1). Therefore, it would have been obvious for one of ordinary skill in the art before the effective filing date of the claimed invention to have provided the silicon active material of modified Chae to be 1 to 100 μm as disclosed by Sekiguchi in order to improve electron conductivity of the negative active material layer (see e.g., Sekiguchi; [0070]).
Conclusion
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/KEVIN SONG/Examiner, Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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