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 .
Claim Status
Applicant’s arguments and claim amendments submitted on August 18th, 2026 have been
entered into the file.
Currently, claims 1, 7, and 19 are amended and claims 10-16 are withdrawn, resulting in claims 1-9, 17-22 pending for examination.
Response to Amendment
The amendments filed August 18th, 2026 have been received.
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.
Claims 1-4, 6-7, 9, and 17-22 are rejected under 35 U.S.C. 103 as being unpatentable over Chae (Korean Patent Publication No. 20190115706 A) in view of Musha (U.S. Patent Publication No. 20050208379 A1), Yi (Korean Patent Publication No. 20200028258 A), and Ryu (W.O. 2022244918 A1).
Regarding claim 1, Chae teaches a negative electrode for a lithium secondary battery (Paragraph 0001), comprising:
a negative electrode current collector layer (Paragraph 0016);
a first negative electrode active material layer on one surface of the negative electrode current collector layer (Paragraph 0017);
and a second negative electrode active material layer (Paragraph 0018) on a surface (Figure 2, Element 116) opposite to a surface of the first negative electrode active material (Figure 2, Element 122) layer facing the negative electrode current collector layer (Figure 2, Element 116) (Paragraphs 0027-0028),
wherein the first negative electrode active material layer comprises a first negative electrode active material layer composition comprising a first negative electrode active material (Paragraph 0017), and the second negative electrode active material layer comprises a second negative electrode active material layer composition comprising:
a second negative electrode active material (Paragraph 0018);
a second negative electrode conductive material; and
a second negative electrode binder (Paragraph 0093),
the first negative electrode active material comprises one or more selected from the group consisting of SiOx, wherein x=0, and SiOx, wherein 0<x<2 (Paragraph 0061).
Chae teaches the second negative electrode conductive material comprising at least one selected from the group consisting of a dotted conductive material (natural graphite, artificial graphite, carbon black, acetylene black, ketjen black, channel black, furnace black, lamp black, thermal black and carbon fiber) (Paragraphs 0093, 0098); and a linear conductive material (metal fibers, conductive whiskers) (Paragraph 0098). The instant specification indicates examples of dotted conductive material to be natural graphite, artificial graphite, carbon black, acetylene black, Ketjen black, channel black, furnace black, lamp black, thermal black, a conductive fiber (Page 44), thus Chae meets the claimed limitation.
Chae teaches the second negative electrode active material comprises one or more selected from the group consisting of a carbon-containing active material (graphite) (Paragraphs 0023, 0093, and 0098), a silicon-containing active material (Paragraph 0023), a metal-containing active material (Sn, Al, or Zn) capable of forming an alloy with lithium and a lithium-containing nitride (Paragraph 0021).
As discussed above, Chae teaches the first negative electrode active material layer includes a first negative electrode active material and a second negative electrode active material layer includes a second negative electrode active material (Paragraphs 0017-0018). Further discussed above, Chae teaches the first negative electrode active material may be a silicon-based negative electrode active material, including elemental silicon or silicon oxide (SiOx, 0 < x ≤ 2) (Paragraphs 0021-0022, 0061). While Chae teaches the first negative electrode active material layer may further include a carbon-based negative electrode active material, this is not a required feature of the disclosure of Chae. Thus, Chae teaches an embodiment in which the first negative electrode active material comprises exclusively elemental silicon (SiOx, wherein x=0) at 100 parts by weight of the first negative electrode active material, based on 100 parts by weight of the first negative electrode active material which lies within the instant claimed range, meeting the instant claimed limitation.
Further, Chae teaches the second negative electrode active material may be a silicon-based negative electrode active material, including elemental silicon or silicon oxide (Paragraph 0059). While Chae teaches the second negative electrode active material including an inorganic coating layer, Chae teaches the inorganic coating layer containing lithium which resides in the layer surrounding the surface second negative electrode active material (Paragraphs 0039, 0074), in order to provide resistance to moisture or oxidation (Paragraph 0046). As such, the inorganic coating layer of Chae is not considered an active material and Chae teaches an embodiment in which the second negative electrode active material comprises exclusively a silicon-containing material. Therefore Chae teaches an embodiment in which the silicon-containing active material is present in an amount of 100 parts by weight, based on 100 parts by weight of the second negative electrode active material, which lies within the instant claimed range, meeting the instant claimed limitation.
Chae is silent as to the first negative electrode active material has a particle diameter (D50) in a range of 3 µm to 10 µm.
However, Musha discloses a negative electrode active material for a nonaqueous secondary battery (Abstract) comprising an active material layer including silicon active material particles (Paragraph 0022). Musha teaches that when the active material particles are silicon-containing particles, it is preferable for the silicon active material particles to be fine particles with a small diameter. Musha teaches the silicon active material particles preferably have an average particle size (D50) of 0.1 µm to 10 µm, in order to reduce fall-off of the active material particles from the negative electrode and extend the life of the negative electrode (Paragraph 0047).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first negative electrode active material of Chae to incorporate the teachings of Musha in which the silicon-containing negative electrode active material particles have an average diameter (D50) of 0.1 µm to 10 µm. Doing so would advantageously result in reduced active material particle fall-off and extended negative electrode life, as recognized by Musha.
The range of the average particle diameter of the first negative electrode active material of Chae in view of Musha substantially overlaps the claimed ranges of silicon in the first negative electrode active material in the instant claim. Therefore, prima facie obviousness is established and the claimed limitations are met. See MPEP 2144.05 (I).
Chae teaches the first negative electrode active material layer composition further comprises a first negative electrode conductive material (Paragraph 0092). Chae teaches the conductive material used to impart conductivity to the electrode, the material not being particularly limited. Chae provides suitable examples of conductive materials useable in the first negative electrode active material layer including natural graphite and artificial graphite; Carbon-based materials such as carbon black, acetylene black, ketjen black, channel black, furnace black, lamp black, thermal black and carbon fiber; Metal powder or metal fibers such as copper, nickel, aluminum, and silver; Conductive whiskers such as zinc oxide and potassium titanate; Conductive metal oxides such as titanium oxide; Or conductive polymers such as polyphenylene derivatives, and the like, or a mixture of two or more kinds thereof may be used (Paragraph 0098).
Chae is silent as to the first negative electrode conductive material comprises carbon nanotubes.
However, Ryu discloses a negative electrode with a multilayer structure including includes a current collector; a first layer formed on one side or both sides of the current collector and including a first negative electrode active material, a first binder, and a conductive material; and a second layer formed on the first layer and including a second negative electrode active material and a second binder (Paragraph 15). Similar to Chae and the instant application, Ryu discloses that the first negative active material may be silicon, silicon oxide, or a mixture thereof (Paragraph 17) and the second negative electrode active material may be a carbon-containing active material (Paragraph 20). Further, Ryu teaches the first negative active material may comprise a conductive material (Paragraph 16) such as graphite, carbon black, graphene, carbon nanotubes, carbon fibers, or carbon nanofibers (Paragraph 24).
Additionally, Yi teaches a negative electrode for a secondary battery comprising a first negative electrode active material layer and a second negative electrode active material layer (Abstract). Similar to Chae and the instant application, Yi teaches the first negative electrode active material layer may include Si, SiOx (0 < x < 2), Si-C, natural graphite, artificial graphite, or a combination therefor (Paragraph 0028) and the second negative electrode active material includes a plate-like carbon based material such as graphite (Paragraph 0038). Further. Yi teaches the first and second negative electrode active material layers including a conductive material (Paragraph 0042), such as natural graphite or artificial graphite; Carbon blacks such as acetylene black, ketjen black, channel black, furnace black, lamp black, and summer black; Conductive fibers such as carbon fibers and metal fibers; Conductive tubes such as carbon nanotubes; Metal powders such as fluorocarbon, aluminum, and nickel powders; Conductive whiskers such as zinc oxide and potassium titanate; Conductive metal oxides such as titanium oxide; Conductive materials such as polyphenylene derivatives (Paragraph 0043).
Therefore, Ryu and Yi both teach that a plurality of suitable conductive additives are known in the art to include in layered negative electrodes, including in layers comprising silicon and or silicon-oxide based active material.
Therefore, given the general teachings of Ryu and Yi, it would have been obvious to one of ordinary skill in the pertinent art before the effective filing date of the claimed invention to substitute the graphite, carbon black, carbon fiber, acetylene black, ketjen black, channel black, furnace black, lamp black, nickel metal powder, aluminum metal powder, zinc oxide, potassium titanate, titanium oxide, or polyphenylene derivatives conductive materials of Chae because Ryu and Yu teaches the conductive material in an active material layer may suitably be selected as carbon nanotubes or graphite, carbon black, carbon fiber, acetylene black, ketjen black, channel black, furnace black, lamp black, nickel metal powder, aluminum metal powder, zinc oxide, potassium titanate, titanium oxide, or polyphenylene derivatives. The substitution would have been one known element for another and one of ordinary skill in the pertinent art would reasonably expect the predictable result that the modified conductive material composition be useful in the first negative electrode active material layer of the battery of Chae and possess the benefits of conductivity taught by Yi. See MPEP § 2143.I.(B).
Regarding claim 2, Chae teaches the negative electrode as discussed above with respect to claim 1, wherein the silicon-containing active material comprises a Si alloy (lithiated silicon) (Paragraph 0065).
Regarding claim 3, Chae teaches the negative electrode as discussed above with respect to claim 1.
Chae teaches the silicon-containing active material comprises SiOx, where 0<x<2 (Si and oxides thereof) (Paragraph 0059).
Regarding claim 4, Chae teaches the negative electrode as discussed above with respect to claim 1.
Chae teaches the first negative electrode active material included in an amount of 80 to 99 wt% of the total weight of the first negative electrode active material layers in order to exhibit excellent capacity characteristics (Paragraph 0097). Thus, Chae teaches an amount of negative electrode active material suitable in the first negative electrode active material layer composition which lies within the claimed range, meeting the instant limitation.
Regarding claim 6, Chae teaches the negative electrode as discussed above with respect to claim 1.
Chae is silent as to a loading amount (a) of the first negative electrode active material layer composition satisfies 2-fold or more of a loading amount (b) of the second negative electrode active material layer composition.
However, as discussed above, Yi teaches a negative electrode for a secondary battery comprising a first negative electrode active material layer and a second negative electrode active material layer (Abstract). Yi teaches the first negative electrode active material layer may include Si, SiOx (0 < x < 2), Si-C, natural graphite, artificial graphite, or a combination therefor (Paragraph 0028). Yi teaches the second negative electrode active material includes a plate-like carbon based material such as graphite (Paragraph 0038). Yu teaches the weight ratio of the negative electrode active material included in the first negative electrode active material layer to the weight of the negative electrode active material included in the second negative active material layer may vary depending on the intended battery design, but by providing the ratio from 1:9 to 9:1, the negative effects to the current collector are minimized (Paragraph 0041). Thus, Yu teaches the loading amount of the first negative electrode active material layer composition satisfying a 0.11 to 9 fold of the loading amount of the second negative electrode active material layer composition.
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modifying the first and second negative electrode active material layer compositions of Chae to incorporate the teachings of Yi on which the loading of the first negative electrode active material layer is 0.11 to 9 fold of the loading about of the second negative electrode active material layer. This modification would advantageously result in minimization of negative effects to the current collector, as recognized by Yi.
The range of loading of the first and second negative electrode active material layers of Chae in view of Yi substantially overlaps the claimed range of loading of the first and second negative electrode active material layers in the instant claim. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05 (I). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have selected from the overlapping portion of the range taught by Yi because overlapping ranges have been held to establish prima facie obviousness.
Regarding claim 7, Chae teaches the negative electrode as discussed above with respect to claim 1, wherein the first negative electrode active material layer composition further comprises a first negative electrode binder (Paragraph 0092).
Regarding claim 9, Chae teaches the negative electrode as discussed above with respect to claim 1. Chae teaches the conductive material may include metal fibers such as copper, nickel, aluminum, and silver (Paragraph 0098), which may be considered linear conductive materials, meeting the instant claimed limitation.
Regarding claim 17, Chae teaches the negative electrode as discussed above with respect to claim 1.
Chae teaches the first negative electrode active material layer prepared by dissolving or dispersing a first negative electrode active material and a conductive material and or a binder in a solvent to prepare a negative electrode mixture (composition), which is applied to the current collector to form a layer (Paragraph 0092). Chae teaches the conductive material may be included in an amount of 1% by weight to 30% by weight based on the total weight of the negative electrode active material layer (Paragraph 0098) and the binder may be included in an amount of 1 wt% to 30 wt% with respect to the total weight of the negative electrode active material layer (Paragraph 0099).
Therefore, the range of the percentage of first negative electrode active material present in the first negative electrode active material layer composition may be calculated according to the teachings of Chae:
When conductive material=1% and binder=1% by weight based on the total weight of the negative electrode active material layer:
100% first negative electrode active material layer (first active material + conductive material + binder) – 1% conductive material - 1 % binder = 98% first negative electrode active material
When conductive material=30% and binder=30% by weight based on the total weight of the negative electrode active material layer:
100% first negative electrode active material layer (first active material + conductive material + binder) – 30% conductive material - 30% binder = 40% first negative electrode active material
Therefore, as shown in the calculations above, Chae teaches the first negative electrode active material included in an amount of 40 to 98 wt% of the total weight of the first negative electrode active material layer. Thus, Chae teaches an amount of negative electrode active material suitable in the first negative electrode active material layer composition which overlaps the claimed range. Therefore, prima facie obviousness is established. See MPEP 2144.05 (I).
Regarding claim 18, Chae teaches the negative electrode as discussed above with respect to claim 1.
As described above in the rejection of claim 1, Chae teaches an embodiment where the first negative electrode active material is exclusively comprised of a silicon-based active material, such as elemental silicon (Paragraph 0061). The previous rejection of claim 1 established that Chae teaches the first negative electrode active material comprising 100 parts by weight of elemental silicon (SiOx, wherein x=0) based on 100 parts by weight of the first negative electrode active material.
As Chae teaches the first negative electrode active material layer composition comprising the first negative electrode active material in which elemental (Si, pure) silicon comprises 100% of the first negative electrode active material layer, Chae meets the instant claimed limitations.
Regarding claim 19, as discussed above in the rejection of claim 1, Chae in view of Musha, Yi, and Ryu teaches:
A negative electrode for a lithium secondary battery, 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;
a second negative electrode conductive material; and
a second negative electrode binder,
the first negative electrode active material comprises one or more selected from the group consisting of SiOx, wherein x=0, and SiOx, wherein 0<x<2, and comprises 95 parts by weight or more of the SiOx, wherein x=0, based on 100 parts by weight of the first negative electrode active material,
the first negative electrode active material has a particle diameter (D50) in a range of 3 µm to 10 µm
the second negative electrode conductive material comprises at least one selected from the group consisting of a dotted conductive material; a linear conductive material; and
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, and the silicon-containing active material is present in an amount of 50 parts by weight or more and 100 parts by weight or less based on 100 parts by weight of the second negative electrode active material.
The first negative electrode active material layer composition further comprises a first negative electrode conductive material, and the first negative electrode conductive material comprises carbon nanotubes
Chae teaches the manufacturing of the negative electrode for a prelithiated lithium secondary battery (Paragraph 0086), where a prelithiated solution is impregnated in the negative electrode current collector in the process of forming the negative electrode (Paragraphs 0041-0042). Therefore, the negative electrode of Chae is considered a prelithiated negative electrode for a lithium secondary battery, meeting the instant claimed limitation.
Regarding claim 20, Chae teaches the negative electrode of claim 1.
Chae teaches the first negative electrode active material layer prepared by dissolving or dispersing a first negative electrode active material and a conductive material and or a binder in a solvent to prepare a negative electrode mixture (composition), which is applied to the current collector to form a layer (Paragraph 0092). Chae teaches the conductive material may be included in an amount of 1% by weight to 30% by weight based on the total weight of the negative electrode active material layer (Paragraph 0098) and the binder may be included in an amount of 1 wt% to 30 wt% with respect to the total weight of the negative electrode active material layer (Paragraph 0099).
Therefore, the range of the percentage of first negative electrode active material present in the first negative electrode active material layer composition may be calculated according to the teachings of Chae. As shown in the calculations above in the rejection of claim 17, Chae teaches the first negative electrode active material included in an amount of 40 to 98 wt% of the total weight of the first negative electrode active material layer.
Thus, Chae teaches an amount of negative electrode active material suitable in the first negative electrode active material layer composition which overlaps the claimed range. Therefore, prima facie obviousness is established. See MPEP 2144.05 (I).
Regarding claim 21, Chae teaches the negative electrode of claim 1.
Chae teaches the first negative electrode active material layer prepared by dissolving or dispersing a first negative electrode active material and a conductive material and or a binder in a solvent to prepare a negative electrode mixture (composition), which is applied to the current collector to form a layer (Paragraph 0092). Chae teaches the conductive material may be included in an amount of 1% by weight to 30% by weight based on the total weight of the negative electrode active material layer (Paragraph 0098) and the binder may be included in an amount of 1 wt% to 30 wt% with respect to the total weight of the negative electrode active material layer (Paragraph 0099).
Therefore, the range of the percentage of first negative electrode active material present in the first negative electrode active material layer composition may be calculated according to the teachings of Chae. As shown in the calculations above in the rejection of claim 17, Chae teaches the first negative electrode active material included in an amount of 40 to 98 wt% of the total weight of the first negative electrode active material layer.
Thus, Chae teaches an amount of negative electrode active material suitable in the first negative electrode active material layer composition which overlaps the claimed range. Therefore, prima facie obviousness is established. See MPEP 2144.05 (I).
As described above in the rejection of claim 1, Chae teaches an embodiment where the first negative electrode active material is exclusively comprised of a silicon-based active material, such as elemental silicon (Paragraph 0061). The previous rejection of claim 1 established that Chae teaches the first negative electrode active material comprising 100 parts by weight of elemental silicon (SiOx, wherein x=0) based on 100 parts by weight of the first negative electrode active material.
As Chae teaches the first negative electrode active material layer composition comprising the first negative electrode active material in which elemental (Si, pure) silicon comprises 100% of the first negative electrode active material layer, Chae meets the instant claimed limitations.
Regarding claim 22, Chae teaches the negative electrode of claim 1.
Chae teaches the first negative electrode active material layer prepared by dissolving or dispersing a first negative electrode active material and a conductive material and or a binder in a solvent to prepare a negative electrode mixture (composition), which is applied to the current collector to form a layer (Paragraph 0092). Chae teaches the conductive material may be included in an amount of 1% by weight to 30% by weight based on the total weight of the negative electrode active material layer (Paragraph 0098) and the binder may be included in an amount of 1 wt% to 30 wt% with respect to the total weight of the negative electrode active material layer (Paragraph 0099).
Therefore, the range of the percentage of first negative electrode active material present in the first negative electrode active material layer composition may be calculated according to the teachings of Chae. As shown in the calculations above in the rejection of claim 17, Chae teaches the first negative electrode active material included in an amount of 40 to 98 wt% of the total weight of the first negative electrode active material layer.
Thus, Chae teaches an amount of negative electrode active material suitable in the first negative electrode active material layer composition which overlaps the claimed range. Therefore, prima facie obviousness is established. See MPEP 2144.05 (I).
As described above in the rejection of claim 1, Chae teaches an embodiment where the first negative electrode active material is exclusively comprised of a silicon-based active material, such as elemental silicon (Paragraph 0061). The previous rejection of claim 1 established that Chae teaches the first negative electrode active material comprising 100 parts by weight of elemental silicon (SiOx, wherein x=0) based on 100 parts by weight of the first negative electrode active material.
As Chae teaches the first negative electrode active material layer composition comprising the first negative electrode active material in which elemental (Si, pure) silicon comprises 100% of the first negative electrode active material layer, Chae meets the instant claimed limitations.
Claim 3 is alternately rejected under 35 U.S.C. 103 as being unpatentable over Chae in view of Musha, Yi, and Ryu as applied to claims 1-4, 6-7, 9, and 17-22 above, and further in view of Yu (Non-Patent Literature, “Silicon Carbide as a Protective Layer to Stabilize Si-Based Anodes by Inhibiting Chemical Reactions”).
Regarding claim 3, Chae teaches the negative electrode as discussed above with respect to claim 1.
In the event that Chae is found to not teach the silicon-containing active material comprises SiOx, wherein 0<x<2; or SiC, an alternative rejection in view of Yu is presented below.
Yu discloses a silicon-based anode comprising an inner silicon layer and a silicon carbide layer (Abstract). Yu teaches the reaction between silicon and lithium, hexafluorophosphate of the battery generates hexafluorosilicate aggregates during cycling (Abstract), which leads to the degradation of silicon-based anode materials over time (Page 5125, Column 1, Paragraph 1). Yu teaches that the addition of the silicon carbide (SiC) layer increases the activation energy for the reaction between silicon and lithium, curbing the formation of hexafluorosilicate and preventing the capacity and cyclability loss of the Si anode associated with the dendrites (Page 5130, Column 1, Paragraph 4).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the second negative electrode active material layer silicon-containing component of Chae to incorporate the teachings of Yu in which silicon carbide SiC is comprised in the layer. Doing so would advantageously prevent the capacity and cyclability loss of the Si anode associated with the formation of hexafluorosilicate dendrites, as recognized by Yu.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Chae in view of Musha, Yi, and Ryu as applied to claims 1-4, 6-7, 9, and 17-22 above, and further in view of Rim (Korean Patent Publication No. 20190121068 A).
Regarding claim 5, Chae teaches the negative electrode as discussed above with respect to claim 1.
Chae is silent as to 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.
Rim discloses a negative electrode for a lithium secondary battery comprising a first negative electrode active material layer positioned on the current collector and a second negative electrode active material positioned on the first negative electrode active material layer (Abstract). Rim teaches the thickness of the first negative electrode active material is preferably between 30 μm to 60 μm (Page 1, Paragraph 10). Rim teaches the thickness of the second negative electrode active material is preferably 90 μm to 120 μm (Page 1, Paragraph 11). Rim teaches the thicknesses of the first and second negative electrode active materials in this range to provide desirable adhesive force without increasing ionic resistance (Page 3, Paragraphs 3 and 7).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the first and second negative electrode active material layers of Chae to incorporate the teachings of Rim in which the thickness is between 30 μm to 60 μm and 90 μm to 120 μm, respectively. Doing so would advantageously result in increased adhesion but not ionic resistance, as recognized by Rim.
The range of thickness of the first negative electrode active material layer and the second negative electrode active material layer of Chae substantially overlaps the claimed ranges of thickness of first negative electrode active material layer and the second negative electrode active material layer, respectively, in the instant claim. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05 (I). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have selected from the overlapping portion of the range taught by Rim because overlapping ranges have been held to establish prima facie obviousness.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Chae in view of Musha, Yi, and Ryu and as applied to claims 1-4, 6-7, 9, and 17-22 above, and further in view of Hwang (U.S. Patent Publication No. 20170062822 A1).
Regarding claim 8, Chae teaches the negative electrode as discussed above with respect to claim 1, wherein the carbon-containing active material comprises graphite (Paragraph 0098). Chae teaches natural and artificial graphite as suitable materials for the carbon-containing material of the electrodes (Paragraph 0098).
Chae is silent as to the graphite of the electrode is comprised of both natural and artificial graphite.
One would recognize only three possible options for the graphite comprising the carbon-containing active material of the electrode: both natural and artificial graphite are used, only natural graphite is used, or only artificial graphite is used. It would have been obvious to a person having ordinary skill in the art prior to the effective filing date of the instant invention to select the combination of both natural and artificial graphite from the finite lists of possible combinations for types of graphite implemented in the electrode material to arrive at the active material of the instant claim since the combination of components would have yielded predictable results as an electrode, absent a showing of unexpected results commensurate in scope with the claimed invention. See Section 2143 of the MPEP, rationales (A) and (E).
Chae is silent as to the graphite comprises artificial graphite and natural graphite, and a weight ratio of the artificial graphite and the natural graphite is 5:5 to 9.5:0.5.
However, Hwang teaches that the weight ratio of the natural graphite to the artificial graphite is 10:90, 20:80, and or 50:50. Hwang teaches the inclusion of natural graphite has the beneficial feature of providing high capacity and energy density (Paragraph 0046) while the inclusion of artificial graphite to mix with the natural graphite in a suitable ratio results in improved cycle life characteristics and battery capacity (Paragraph 0047).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified the graphite of the negative electrode of Chae to incorporate the teachings of Hwang in which the negative electrode comprises both natural and artificial graphite, which are present at a weight ratio of 10:90, 20:80, and or 50:50. Doing so would advantageously provide high capacity, energy density, and capacity to the battery as well as improved lifecycle characteristics, as recognized by Hwang.
The values of the ratio of artificial graphite to natural graphite (90:10, 80:20, 50:50) of Chae modified by Hwang substantially overlaps the claimed ranges of the ratio of artificial to natural graphite in the instant claim. It has been held that obviousness exists where the claimed ranges overlap or lie inside ranges disclosed by the prior art. See MPEP 2144.05 (I). Therefore, it would have been obvious to one of ordinary skill in the art at the time of the invention to have provided the ratio of artificial to natural graphite of Hwang at 90:10, 80:20, or 50:50 as taught by Hwang because overlapping ranges have been held to establish prima facie obviousness.
Claim 9 is alternatively rejected under 35 U.S.C. 103 as being unpatentable over Chae in view of Musha, Yi, and Ryu as applied to claims 1-4, 6-7, 9, and 17-22 above, and further in view of Aria (U.S. Patent Publication No. 20150010788 A1).
Regarding claim 9, as discussed above, Chae teaches the negative electrode of claim 1 wherein the second negative electrode conductive material comprises at least the linear conductive material (metal fibers such as copper, nickel, aluminum, and silver).
However, in the event it is determined the metal fibers of Chae are not considered linear conductive material, in the alternative, Aria discloses an electrochemical system comprising carbon nanomaterials including carbon nanotubes in electrode structures (Abstract). Aria teaches a negative electrode comprising an assembly of carbon nanotubes to support a silicon active material (Paragraph 0011). Aria teaches the carbon nanotubes provide a mechanical scaffold to minimize the forces acting on electrodes that can cause degradation, loss of conductivity, or mechanical failure, particularly forces resulting from the expansion of silicon active material during charging and discharging.
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to modify the second negative electrode material comprising silicon of Chae to incorporate the teachings of Aria in which the second negative electrode conductive material comprises carbon nanotubes. Doing so would advantageously result in the prevention of degradation, loss of conductivity, or mechanical failure of the electrode as silicon undergoes expansion.
The instant disclosure provides carbon nanotubes as an example of the linear conductive material of the instant claim (Page 47), therefore the carbon nanotubes of Chae modified by Aria are considered to further meet the instant claimed limitation.
Response to Arguments
In the remarks filed August 18th, 2026, applicant argues that Chae and Musha do not disclose the first negative electrode active material layer composition further comprises a first negative electrode conductive material, the first negative electrode conductive material comprising carbon nanotubes as required by the amended limitations of claims 1 and 19.
These arguments have been fully considered but are not persuasive.
In response to applicant’s arguments, the Examiner presents that the amendments filed facilitated a new grounds of rejection of the aforementioned amended limitations as unpatentable over Chae in view of Yi and Ryu as described above. Thus, a proper obviousness rejection was set forth and the amended limitations stand rejected over the prior art.
In the remarks filed August 18th, 2026, applicant argues that the claimed negative electrode conductive material would not have been an obvious modification to Chae and/or Musha, as the claimed negative electrode produces unexpected results. Applicant points to Examples 1 to 8 and 1-1 and Comparative Examples 1 to 5 and 4-1 to further support this result.
These arguments have been fully considered but are not persuasive.
In response to applicant’s arguments, the Examiner presents that regarding unexpected results:
it is the burden of Applicant to provide evidence that establishes that the differences in results are in fact unexpected and unobvious and of both statistical and practical significance. See MPEP 716.02(b)(I).
Applicants have the burden of explaining proffered data. See MPEP 716.02(b)(II).
It is further noted that in order 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. See MPEP 716.02(d) II.
Additionally, the claims must be commensurate in scope with the proffered data to provide a nexus between the claims and the data establishing evidence of unexpected results. See MPEP 716.02(d).
In response to applicant’s argument of unexpected results, the Examiner presents that for Examples 1-4 and Examples 1-1, the conductive material of the first negative electrode active material layer included a first conductive material, a second conductive material, and a third conductive material which were carbon black, plate-like graphite, and carbon nanotubes. Thus, for at least these examples which were cited in applicant’s arguments of unexpected results, the conductive material is a mixture of three carbon-containing species, which is narrower in scope than the instant claims’ recitation of the first conductive material comprising carbon nanotubes.
Additionally, in Examples 1, 3-6 and 1-1, the second negative electrode active material includes SiO, and in Examples 2, 7-8, the second negative electrode active material includes SiC, which is a narrower recitation of the second negative electrode active material comprising a silicon-containing active material as recited in the instant claim.
Further, the Examiner presents that while applicant notes that Table 1 shows that Examples 1 to 8 and 1-1 exhibited superior capacity retention rate and resistance increase rate compared to Comparative Examples 1 to 5 and 4-1, the Examiner presents that as argued by applicant Comparative Examples 1, 2, and 5 lacked a double layer structure and thus the capacity retention rate and resistance increase rate results of these examples can be at least attributed to this difference. Comparative Example 3 changed the stacking order of the layers, however the layers themselves comprised the same composition and thus these results support the stacking order as a variable which affects the capacity retention rate and resistance increase rate. Comparative Example 4 was prepared in the same way as Example 1, except the composition of the second negative electrode active material layer was changed. Therefore, the Examiner provides that this comparative example does not relate to any features of the first negative electrode active material layer which as argued by applicant, establishes unexpected results.
Additionally, the Examiner notes that while applicant’s arguments with respect to unexpected results appears to be directed toward the particle diameter of the first negative electrode active material being within the claimed range and having carbon nanotubes as a first negative electrode conductive material, the features of the comparative examples included in the arguments of unexpected results included lacking a double layer structure (single layer or having the incorrect stacking order), lacking the correct amount of first negative electrode active material in the layer. Thus, the Examiner presents that it does not appear the comparative example features which differ from the examples of the disclosure include those which were argued as critical in establishing unexpected results (i.e., the particle diameter of the first negative electrode active material being within the claimed range and having carbon nanotubes as a first negative electrode conductive material). Further, the Examiner provides that because a variety of variables were changed between the Examples and the Comparative Examples, it is difficult to decipher precisely what caused the difference in results (i.e., partially or wholly attributed to the identity of the active material, conductive material, or binder or the quantity of the active material, conductive material, or the binder). Consequently, it is unclear what applicant is referring to in the claimed structure that produces the alleged unexpected results over the prior art.
As a result, the Examiner presents that the effects of superior capacity retention rate and resistance increase rate shown in Table 1 cannot be confidently concluded to be a result of the particle diameter of the first negative electrode active material being within the claimed range and having carbon nanotubes as a first negative electrode conductive material, as alleged by applicant.
Finally, the Examiner provides that any differences between the claimed invention and the prior art may be expected to result in some differences in properties. The issue is whether the properties differ to such an extent that the difference is really unexpected. In re Merck & Co., 800 F.2d 1091, 231 USPQ 375 (Fed. Cir. 1986).
Conclusion
THIS ACTION IS MADE FINAL. 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.
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/O.A.J./Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789
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