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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 3rd, 2026 has been entered.
Claim Status
Applicant’s arguments and claim amendments submitted on March 3rd, 2026 have been
entered into the file.
Currently, claims 1, 18-19 are amended, claims 10-16 are withdrawn, and claims 20-22 are new, resulting in claims 1-9, 17-22 pending for examination.
Response to Amendment
The amendments filed March 3rd, 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, 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).
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).
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 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 at least one selected from the group consisting of a first negative electrode conductive material, and 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 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.
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 as applied to claims 1-4, 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 as applied to claims 1-4, 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 6 is rejected under 35 U.S.C. 103 as being unpatentable over Chae in view of Musha as applied to claims 1-4, 7, 9, and 17-22 above, and further in view of Yi (Korean Patent Publication No. 20200028258 A).
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, 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.
Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Chae in view of Musha and as applied to claims 1-4, 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 as applied to claims 1-4, 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.
Cited Art Not Relied Upon
Ryu (W.O. 2022244918 A1) discloses a negative electrode with a multilayer structure and a secondary battery including the same (Paragraph 1). Ryu teaches the negative electrode 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).
Response to Arguments
In the arguments filed March 3rd, 2026, applicant argues that the prior art does not teach the first negative electrode active material has a particle diameter (D50) in a range of 3 µm to 10 µm, as recited in the amended claim 1 limitations.
Applicant's arguments have been fully considered but they are not persuasive.
In response to applicant’s arguments, the Examiner presents the rejection of claim 1, particularly of the limitation relating to the particle diameter of the first negative electrode active material, made above. Notably, the Examiner established that Chae is silent as to the average particle diameter of the first negative electrode active material, however the modification of Chae in view of Musha established prima facie obviousness of the average particle diameter, meeting the instant claimed limitations. A proper obviousness rejection was set forth in the above rejection and the examiner recognizes that obviousness may be established by combining or modifying the teachings of the prior art to produce the claimed invention where there is some teaching, suggestion, or motivation to do so found either in the references themselves or in the knowledge generally available to one of ordinary skill in the art. See In re Fine, 837 F.2d 1071, 5 USPQ2d 1596 (Fed. Cir. 1988), In re Jones, 958 F.2d 347, 21 USPQ2d 1941 (Fed. Cir. 1992), and KSR International Co. v. Teleflex, Inc., 550 U.S. 398, 82 USPQ2d 1385 (2007).
In this case, as Chae teaches when the silicon active material particles of the negative electrode active material layer are within the range of 0.1 µm to 1 µm, there is reduced fall off of the negative electrode active material layer from the current collector, and the overall electrode lifetime is improved.
In the arguments filed March 3rd, 2026, applicant argues that the prior art of Chae, Musha, and Mizutani are not combinable in the manner suggested in the Office Action mailed November 4th, 2025 and the claimed negative electrode produces unexpected results.
Applicant’s arguments have been considered but are moot because the new ground of rejection does not rely on the interpretation of Chae, Musha, and Mizutani of record as a combination of prior art teachings set forth in the rejections in the Office Action mailed December 3rd, 2025. An updated interpretation of Chae in view of Musha was recited above to teach all of the claimed limitations. Further, the only teaching of Musha relied upon was with respect to the average particle diameter (D50) of the active material particles of the first negative electrode active material layer.
Musha teaches the active material particles may comprise single (pure) silicon (Paragraph 0037) and the active material particles are comprised in an active material layer dispose on the current collector (Paragraph 0020), which algin with the teachings of Chae and the instant disclosure pertaining to the first negative electrode active material layer one a surface of the negative electrode current collector and comprising a first negative electrode active material that is exclusively silicon. Thus, these similarities further support the modification of the particle diameter of the first negative electrode active material particles of Chae to include the teachings of Musha.
In the arguments filed March 3rd, 2026, applicant argues that with respect to claim 18, Chae is silent with respect to any pure Si content and Examples 1-3 in Chae all disclose a blended active material of graphite and silicon oxide.
Applicant's arguments have been fully considered but they are not persuasive.
In response to applicant’s arguments, the Examiner presents that Chae teaches the negative electrode include pure Si (Paragraphs 0059-0061). Further, as pointed out in the updated rejection of claim 1 above, 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.
With respect to applicant’s arguments directed toward Examples 1-03 of Chae, the Examiner presents that per MPEP 2123, “Disclosed examples and preferred embodiments do not constitute a teaching away from a broader disclosure or nonpreferred embodiments. In re Susi, 440 F.2d 442, 169 USPQ 423 (CCPA 1971).” Also, “[t]he prior art’s mere disclosure of more than one alternative does not constitute a teaching away from any of these alternatives because such disclosure does not criticize, discredit, or otherwise discourage the solution claimed...." In re Fulton, 391 F.3d 1195, 1201, 73 USPQ2d 1141, 1146 (Fed. Cir. 2004).” Further, “[A] reference disclosure must be evaluated for all that it fairly [teaches] and not only for what is indicated as preferred.” In re Bozek, 416 F.2d 1385, 1390 (CCPA 1969) and a reference is not limited to working examples (see In re Fracalossi, 215 USPQ 569 (CCPA 1982))
Therefore, the disclosure of Chae with respect to the mere possibility of the first negative electrode active material included a carbon-based negative electrode active material and the provided examples where the carbon-based negative electrode active material is included in the first negative electrode active material composition does not limit the disclosure of Chae. Specifically, the provided examples do not discount that the disclosure of Chae supports the first negative electrode active material layer comprises exclusively elemental silicon as the active material.
In the arguments filed March 3rd, 2026, applicant argues that with respect to new claims 20-22, Chae only explicitly discloses that the first negative electrode active material may be contained in an amount of 80 to 99 wt% and more particularly in an amount of 85 to 98 wt% based on the total weight of the first negative electrode active material layer.
Applicant's arguments have been fully considered but they are not persuasive.
In response to applicant’s arguments, the Examiner presents that “[A] reference disclosure must be evaluated for all that it fairly [teaches] and not only for what is indicated as preferred.” In re Bozek, 416 F.2d 1385, 1390 (CCPA 1969) and a reference is not limited to working examples (see In re Fracalossi, 215 USPQ 569 (CCPA 1982)).
Therefore, while Chae teaches that the first negative electrode active material may be contained preferably in an amount of 85 to 98 wt% based on the total weight of the first negative electrode active material layers to result in excellent capacity characteristics, the disclosure of Chae does not teach away from the first negative electrode active material layer comprising between 40 to 98 wt% of first negative electrode active material, as calculated above and in the Final Rejection mailed December 3rd, 2025.
Further, the Examiner argues that as discussed above, the disclosure of Chae also teaches an embodiment in which the first negative electrode active material layer comprising between 40 to 98 wt% of first negative electrode active material, due to the fact that Chae teaches the first negative electrode active material layer composition may comprise a binder and a conductive material, which are both respectively included in an amount of 1% by weight to 30% by weight based on the total weight of the negative electrode active material layer. It is well within the ambit of one of ordinary skill in the art to deduce that according to these teachings of Chae, the quantity of first negative electrode active material may be calculated and for the ordinary artisan to perform these calculations, as shown above.
Conclusion
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/O.A.J./Examiner, Art Unit 1789
/MARLA D MCCONNELL/Supervisory Patent Examiner, Art Unit 1789
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