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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 1/26/2026 has been entered.
Response to Amendment
This Office Action is responsive to the amendment filed on 1/26/2026. Claims 1, 3-13 are pending. Claim 1 has been amended. Applicant’s arguments have been considered. Claims 1, 3-13 are non-finally rejected for reasons stated herein below.
Claim Rejections - 35 USC § 112
The following is a quotation of the first paragraph of 35 U.S.C. 112(a):
(a) IN GENERAL.—The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor or joint inventor of carrying out the invention.
The following is a quotation of the first paragraph of pre-AIA 35 U.S.C. 112:
The specification shall contain a written description of the invention, and of the manner and process of making and using it, in such full, clear, concise, and exact terms as to enable any person skilled in the art to which it pertains, or with which it is most nearly connected, to make and use the same, and shall set forth the best mode contemplated by the inventor of carrying out his invention.
Claims 1, 3-13 rejected under 35 U.S.C. 112(a) or 35 U.S.C. 112 (pre-AIA ), first paragraph, as failing to comply with the written description requirement. The claim(s) contains subject matter which was not described in the specification in such a way as to reasonably convey to one skilled in the relevant art that the inventor or a joint inventor, or for applications subject to pre-AIA 35 U.S.C. 112, the inventor(s), at the time the application was filed, had possession of the claimed invention.
In claim 1, the limitation “but does not include polyvinylidene fluoride” is not supported by the disclosure as originally filed.
The mere absence of a positive recitation is not basis for an exclusion. Any claim containing a negative limitation which does not have basis in the original disclosure should be rejected under 35 U.S.C. 112, first paragraph, as failing to comply with the written description requirement. See MPEP 2173.05 (i).
Applicant is required to cancel the new matter in reply to this Office Action.
Claim Rejections - 35 USC § 103
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, 3-13 are rejected under 35 U.S.C. 103 as being unpatentable over Kim (US 2020/0243848, herein referred to as Kim ’848) in view of Kim (WO 2019/194662, herein referred to Kim ‘662, using US 2021/0020907 as translation) and Noda (JP 2016-048698).
Regarding claim 1, Kim ’848 discloses a negative electrode comprising: a negative electrode current collector; a first negative electrode active material layer disposed on the negative electrode current collector; and a second negative electrode active material layer disposed on the first negative electrode active material layer, wherein:
the second negative electrode active material layer includes a second negative electrode active material and a second conductive material [0031]; and
the second negative electrode active material includes a silicon-based active material and a carbon-based active material [0033], wherein:
the silicon-based active material includes SiOx (O<X<2) [0055]; and
the second conductive material includes: a carbon nanotube structure [0035], and
a particulate conductive material in the second negative electrode active material layer [0100].
Regarding claim 9, the particulate conductive material comprises carbon black [0033].
Regarding claim 11, the first negative electrode active material layer comprises a first negative electrode active material and a first conductive material, wherein the first conductive material includes at least one selected from the group consisting of the carbon nanotube structure, a multi-walled carbon nanotube unit, graphene, and carbon black [0104].
Regarding claim 12, a ratio of the thickness of the first negative electrode active material layer and the thickness of the second negative electrode active material layer is 1:1 to 1:2 [0102].
Regarding claim 1, a weight ratio of the carbon nanotube structure and the particulate conductive material is 12.7:87.3 to 0.5:99.5, Kim ‘848 discloses in Example 1 a mixture containing carbon black and carbon nanotubes at a ratio of 1:0.5 as a conductive material [0100]. Kim ’848 discloses carbon black which has been used widely as a conductive material to date has a spherical shape, aggregates to fill the pores of active material particles therewith and is present in the form of a bridge in a space between active material particles in a spot contact mode, thereby forming a conductive path. In the case of an active material, such as a carbonaceous active material, showing little change in volume, such a conductive path formed by the bridge in a spot contact mode is retained stably. Thus, such an active material can realize an excellent effect as a conductive material [0036]. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the amount of carbon black as a conductive material depending on the amount carbonaceous active material, for the benefit of forming a bridge to fill the pores to make conductive paths.
Regarding claim 10, an average particle diameter (D50) of the particulate conductive material is 0.1 um to 100 um, Kim ’848 discloses carbon black which has been used widely as a conductive material to date has a spherical shape, aggregates to fill the pores of active material particles therewith and is present in the form of a bridge in a space between active material particles in a spot contact mode, thereby forming a conductive path. In the case of an active material, such as a carbonaceous active material, showing little change in volume, such a conductive path formed by the bridge in a spot contact mode is retained stably. Thus, such an active material can realize an excellent effect as a conductive material [0036]. It would have been obvious to one of ordinary skilled in the art at the time the invention was made to adjust the particle diameter of the carbon black depending on the pore size of the second negative active material layer, for the benefit of forming a bridge to fill the pores to make conductive paths.
Regarding claim 1, Kim ‘848 discloses the second conductive material includes: a carbon nanotube structure, but does not disclose a carbon nanotube structure in which a plurality of single-walled carbon nanotube units are coupled side by side. Kim ‘907 teaches a carbon nanotube structure included in the electrode of the present invention, since the carbon nanotube structure is in the form in which 2 to 5,000 single-walled carbon nanotube units maintaining relatively high crystallinity without structural defects are bonded together side by side, the single-walled carbon nanotube units may not be cut even during the operation of the battery and their length may be smoothly maintained. Thus, the conductivity of the electrode may be maintained. Also, since the conductivity of the electrode is increased due to high conductivity of the single-walled carbon nanotube unit having high crystallinity, the input characteristics, output characteristics, and life characteristics of the battery may be significantly improved. Furthermore, since the carbon nanotube structures are interconnected in the electrode to have a network structure, an excessive change in the volume of the electrode active material may be suppressed, a strong conductive path may be secured at the same time, and electrode adhesion may be significantly improved by inhibiting deintercalation of the electrode active material [0046]. Regarding claim 3, Kim ‘907 teaches in the second negative electrode active material layer, the carbon nanotube structures are connected to each other to represent a network structure. Regarding claim 4, in the carbon nanotube structure, the single-walled carbon nanotube units are coupled in a state in which long axes of the single-walled carbon nanotube units are arranged parallel to each other [0046].
It would have been obvious to one or ordinary skilled in the art at the time the invention was made to use a bunded structure of carbon nanotubes, as taught by Kim ‘907, for the benefit of strengthening the carbon nanotubes, thus preventing structural defects on the carbon nanotubes.
Regarding claim 1, the carbon nanotube structure is included in the second negative electrode active material layer in an amount of an 0.005 wt% to 0.03 wt%, Kim ‘907 teaches the carbon nanotube structure may be included in an amount of 0.01 wt % to 0.5 wt % in the electrode active material layer, and may specifically be included in an amount of 0.02 wt % to 0.2 wt %. When the amount of the carbon nanotube structure satisfies the above range, since the conductive path in the electrode may be secured, the life characteristics of the battery may be improved while electrode resistance is maintained at a low level [0052]. For example, Example 3 of Kim ‘903 teaches a negative active material layer comprising 0.05 wt% carbon nanotubes [0100].
The instant Specification [0075] states:
[0075] The carbon nanotube structure may be included in the second negative electrode active material layer in an amount of 0.005 wt% to 0.07 wt%, specifically 0.005 wt% to 0.05 wt%, more specifically 0.01 wt% to 0.03 wt%. When the above range is satisfied, a conductive path of the second negative electrode active material layer is secured, so that the lifespan properties of the battery may be improved while maintaining a low level of negative electrode resistance. When preparing a conductive material dispersion solution, in the case of completely dispersing a bundle-type carbon nanotube (dispersing carbon nanotube units of a single strand to be separated from each other as much as possible by a common dispersion method), the carbon nanotube structure is not generated, or generated in a minimal amount (for example, 0.0005 wt%) if generated by accident. That is, it is impossible to achieve the above content range by a common method. The carbon nanotube structure has a form in which 2 to 5,000 single-walled carbon nanotube units are arranged side by side and coupled to each other, so that the carbon nanotube structure may smoothly maintains its length without being cut despite the volume change of the second negative electrode active material. Accordingly, a conductive network of the second negative electrode active material layer may be maintained, and due to high conductivity of the carbon nanotube unit, the conductivity of the second negative electrode may be smoothly secured. Accordingly, even when the content of carbon nanotube structure in the second negative electrode active material layer is low, the input/output properties and lifespan properties of the battery may be excellent. (emphasis added)
It appears from the Specification that the amount of 0.05 wt% of Kim ‘903 would yield substantially the same properties as Applicant’s claimed endpoint of 0.03 wt%. There is no evidence in the Specification that indicates that 0.05 wt% of Kim ‘903 would not lead to substantially identical properties as Applicant’s claimed endpoint of 0.03 wt%. It would have been obvious to one or ordinary skilled in the art at the time the invention was made to add the amount of the carbon nanotubes to the negative electrode layer of Kim ‘848, as taught by Kim ‘907, for the benefit of having good conductivity.
MPEP 2112 V states that "once a reference teaching product appearing to be substantially identical is made the basis of a rejection, and the Examiner presents evidence or reasoning tending to show inherency, the burden shifts to the Applicant to show an unobvious difference."
Regarding claim 5, an average length of the carbon nanotube structure is 3 um to 15 um, Kim ‘907 teaches in the carbon nanotube structure, the single-walled carbon nanotube unit may have an average length of 1 μm to 100 μm, for example, 5 μm to 50 μm. When the average length is satisfied, since a long conductive path for conductive connection between the electrode active materials may be formed and a unique network structure may be formed, the conductivity in the electrode may be maximized even with a very small amount of the conductive agent [0048]. It would have been obvious to one or ordinary skilled in the art at the time the invention was made to adjust the length of the carbon nanotube structure, as taught by Kim ‘907, for the benefit of maximizing the conductivity.
Regarding claim 6, an average diameter of the carbon nanotube structure is 2 nm to 500 nm, Kim ‘907 teaches the carbon nanotube structure may have an average diameter of 1 nm to 300 nm, for example, 3 nm to 150 nm. When the average diameter satisfies the above range, since it is effective in forming a conductive network structure and is advantageous in connecting the active materials, excellent electrical conductivity may be achieved [0050]. It would have been obvious to one or ordinary skilled in the art at the time the invention was made to adjust the average diameter of the carbon nanotube structure, as taught by Kim ‘907, for the benefit of maximizing the conductivity.
Regarding claim 7, in the carbon nanotube structure, an average diameter of the single-walled carbon nanotube units is 0.1 nm to 10 nm, Kim ‘907 teaches in the carbon nanotube structure, the single-walled carbon nanotube unit may have an average diameter of 0.5 nm to 10 nm, particularly 1 nm to 9 nm, and more particularly 1 nm to 6 nm. When the average diameter is satisfied, conductivity in the electrode may be maximized even with a very small amount of the conductive agent. It would have been obvious to one or ordinary skilled in the art at the time the invention was made to adjust the average diameter of the single-walled carbon nanotube unit, as taught by Kim ‘907, for the benefit of maximizing the conductivity.
Regarding claim 8, the carbon nanotube structure has a structure in which 2 to 50 single-walled carbon nanotube units are coupled to each other, Kim ‘907 teaches in contrast, the carbon nanotube structure included in the electrode of the present invention is in the form in which 2 to 5,000 single-walled carbon nanotube units are bonded together side by side. Thus, since the single-walled carbon nanotube units may not be cut even during the operation of the battery and their length may be smoothly maintained, the conductivity of the electrode may be maintained and the conductivity of the electrode may be smoothly secured due to the high conductivity of the single-walled carbon nanotube unit. Accordingly, the input characteristics, output characteristics, and life characteristics of the battery may be excellent even if the amount of the carbon nanotube structure in the electrode is low [0054]. It would have been obvious to one or ordinary skilled in the art at the time the invention was made to adjust the number of units of the carbon nanotube structure, as taught by Kim ‘907, for the benefit of maximizing the conductivity.
Regarding claim 1, Kim ‘907 does not teach not including polyvinyl fluoride. Kim ‘907 discloses using polyvinyl fluoride as a dispersant for carbon nanotubes [0014, 0056]. Kim ‘907 teaches typical electrodes including carbon nanotubes are generally prepared by preparing a conductive agent dispersion by dispersing bundle type or entangled type carbon nanotubes in a dispersion medium and then using the conductive dispersion [0045]. Noda teaches a conducting agent comprising carbon nanotubes that are dispersed in water with a dispersing agent. See Abstract. Dispersing agents include numerous compounds, such as fatty acids, metal soaps, higher alcohols, esters, nonionic surfactants, anionic surfactants, and water-soluble polymers (page 58 of translation). It would have been obvious to one or ordinary skilled in the art at the time the invention was made to any of the dispersing agents in the dispersion medium of Kim ‘907, as taught by Noda, for the benefit of facilitating the distribution of the carbon nanotubes of Kim ‘907.
It has been held by the court that the selection of a known material based on its suitability for its intended use is prima facie obvious. Sinclair & Carroll Co. v. Interchemical Corp., 325 U.S. 327, 65 USPQ 297 (1945). See MPEP 2144.07.
Regarding claim 13, Kim ‘848 modified by Kim ‘907 and Noda teaches a secondary battery comprising the negative electrode of claim 1.
Response to Arguments
Arguments dated 1/26/2026 are moot in view of the new grounds of rejection.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to CYNTHIA KYUNG SOO WALLS whose telephone number is (571)272-8699. The examiner can normally be reached on M-F until 5pm.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at 571-270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/CYNTHIA K WALLS/ Primary Examiner, Art Unit 1751
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