DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 5/8/2026 has been entered.
Claim Status
This Office action is responsive to amendments and remarks filed on 5/8/2026.
Claims 1, 3, 7, 12, 13 and 16 have been amended.
Claims 4, 8 and 10 have been cancelled.
Claims 1-3, 5-7, 9 and 11-22 are currently pending.
Response to Amendment
In light of the amendment the §112(b) rejection to claim 3 is withdrawn.
Response to Arguments
Applicant’s arguments with respect to the rejection of the claims have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. While KONDO is used to reject claims 16 and 17 it is applied differently than what is argued by the applicant.
Claim Interpretation
Claim 1 recites the limitation "the other of the first active material layer or the second active material layer comprises a carbon-based active material" in the 7th line of the claim. For examination purposes the carbon-based material can be present in either or both of the active material layers.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-3, 5-7, 9, 11-15 and 18-22 are rejected under 35 U.S.C. 103 as being unpatentable over US 20220263076 A1, JANG et al. in view of US 20170256800 A1, KANEDA et al.
Regarding claim 1. JANG [title] discloses a negative electrode called an anode for a rechargeable lithium battery, the negative electrode comprising
[0012] a current collector;
[0012] a first active material layer on the current collector; and
[0012] a second active material layer on the first active material layer, wherein at least one of the first active material layer or the second active material layer comprises a silicon-based active material and
[0043] a binder, and [0012] the other of the first active material layer or the second active material layer comprises a carbon-based active material,
wherein the binder comprises
[0043] a copolymer (B), called a styrene-butadiene rubber (SBR) and wherein
[0043] the copolymer (B) called a styrene-butadiene rubber (SBR) comprises
a unit (b-1) derived from an aromatic vinyl-based monomer and
a unit (b-2) derived from an ethylenically unsaturated monomer that is at least one of
an unsaturated carboxylic acid alkyl ester monomer,
a (meth)acrylic acid- based monomer,
an unsaturated carboxylic acid amide monomer, or
a conjugated diene monomer and
JANG does not disclose the copolymer (A) comprises
a unit (a-1) derived from a (meth)acrylic acid-based monomer and
a unit (a-2) derived from a (meth)acrylonitrile monomer, and
wherein in the binder, a weight ratio of copolymer (A) and copolymer (B) (A:B) is about 30:70 to about 70:30.
KANEDA [title] discloses A Binder Composition For Secondary Battery Electrode, Slurry Composition For Secondary Battery Electrode, Electrode For Secondary Battery, And Secondary Battery
KANEDA [0250] discloses in example 1 methacrylic acid (a-1) and acrylonitrile (a-2) which reads on the copolymer (A) comprises
a unit (a-1) derived from a (meth)acrylic acid-based monomer and
a unit (a-2) derived from a (meth)acrylonitrile monomer, and
KANADA [0250] also discloses in example 1 the copolymer (B) comprises styrene (b-1) and methacrylic acid (b-2)
a unit (b-1) derived from an aromatic vinyl-based monomer and
a unit (b-2) derived from an ethylenically unsaturated monomer that is at least one of
an unsaturated carboxylic acid alkyl ester monomer,
KANADA [0096] discloses the mass ratio of the shell (i.e. copolymer B) in the core-shell particulate polymer to be 3% by mass to 35% by mass which overlaps with the claimed range a of copolymer (A) and copolymer (B) (A:B) is about 30:70 to about 70:30.
KANEDA [0014] further discloses “Through their investigation, the inventors discovered that when a particulate polymer having a core-shell structure including a core portion and shell portion that partially covers an outer surface of the core portion is used as a binder for an electrode, a secondary battery can be caused to display excellent rate characteristics and cycle characteristics while also ensuring strength of an electrode mixed material layer.”
It would have been obvious to one of ordinary skill in the art before the effective filing date to have used the copolymers disclosed by KANADA in then ratio disclosed by KANADA in the anode disclosed by JANG in order to create a core-shell structure including a core portion and shell portion that partially covers an outer surface of the core portion to be used as a binder for an electrode, creating a secondary battery that displays excellent rate characteristics and cycle characteristics while also ensuring the strength of an electrode mixed material layer.
Regarding claim 2. JANG modified by KANADA [0087] discloses the negative electrode of claim 1, wherein the copolymer (A) and the copolymer (B) are physically mixed with each other in the binder.
It would have been obvious to one of ordinary skill before the effective filing date to have mixed the copolymers together in order to form the binder.
Regarding claim 3. JANG modified by KANADA [0014] discloses the negative electrode of claim 1, wherein at least a portion of the copolymer (B) surrounds the copolymer (A) in the binder.
Regarding claim 5. JANG modified by KANADA [0074] discloses the negative electrode of claim 1, wherein the copolymer (A) comprises 5% to 70% which falls with the claimed range of about 30 wt% to about 70 wt% of the unit (a-1) derived from the [0250] (meth)acrylic acid-based monomer and about 30 wt% to about 70 wt% of the unit (a-2) derived from (meth)acrylonitrile based on 100 wt% of the copolymer (A).
In the case where the claimed ranges "overlap or lie inside ranges disclosed by the prior art" a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191 USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
It would have been obvious for one of ordinary skill in the art before the effective filing date to have used 30 wt% to about 70 wt% as the claimed range.
Regarding claim 6. JANG modified by KANADA discloses the negative electrode of claim 1, wherein KANADA [0076] discloses methylolacrylamide as an optional monomer which reads on the limitations
the copolymer (A) further comprises
a unit (a-3) derived from a monomer copolymerizable with the (meth)acrylic acid-based monomer and/or the (meth)acrylonitrile monomer, and
the monomer copolymerizable with the (meth)acrylic acid-based monomer and/or the (meth)acrylonitrile monomer comprises
a hydroxyl group-containing monomer, an amide group-containing monomer, or a combination thereof.
KANADA [0199] discloses that methylolacrylamide is a crosslinkable monomer and that “may be crosslinked in the drying of the slurry composition for a secondary battery electrode or in optional heat treatment performed after the drying”
It would have been obvious to one of ordinary skill in the art before the effective filing date to have used a crosslinkable monomer such as methylolacrylamide in order to copolymerize with instantly claimed copolymer.
Regarding claim 7. JANG modified by KANADA discloses the negative electrode of claim 6,
KANADA [0077] discloses “from 0 mass % to 30 mass %” wherein the unit (a-3) derived from the other monomer copolymerizable with the (meth)acrylic acid-based monomer and/or the (meth)acrylonitrile monomer which reads on the limitation that the monomer is greater than about 0 wt% and less than or equal to about 20 wt% based on 100 wt% of the copolymer (A).
Regarding claim 9. JANG modified by KANADA discloses the negative electrode of claim 1, wherein KANADA [0065-0068] discloses the unit (b-2) derived from the ethylenically unsaturated monomer is in an amount of 0.1% to 10% mass which reads on the mass being greater than or equal to about 5 wt% based on 100 wt% of the copolymer (B).
Regarding claim 11. JANG modified by KANADA discloses the negative electrode of claim 1, wherein
JANG [0012] discloses the first active material layer comprises
the silicon-based active material,
the binder, and
a first carbon-based active material, and
the second active material layer comprises
a second carbon-based active material.
Regarding claim 12. JANG modified by KANADA discloses the negative electrode of claim 1, wherein
JANG [0012] discloses the first active material layer and the second active material layer each comprise
the silicon-based active material,
the binder, and
the carbon-based active material, and
JANG table 1 discloses that comparative example 1 has 1.5 times the content of silicon in the first active material layer, which is close to about 2 to 25 times that of silicon in the second active material layer.
Similarly, a prima facie case of obviousness exists where the claimed ranges and prior art ranges do not overlap but are close enough that one skilled in the art would have expected them to have the same properties. Titanium Metals Corp. of America v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985)
It would have been obvious to one of ordinary skill in the art before the effective filing date to have used about 2 to 25 times the silicon in the first active layer than the second layer.
Regarding claim 13. JANG modified by KANADA discloses the negative electrode of claim 1, wherein
JANG [table 1] discloses the first active material layer and the second active material layer each comprise
the silicon-based active material,
the binder, and
the carbon-based active material, and
the negative electrode has a concentration gradient in which content of silicon increases from the second active material layer to the first active material layer in this particular case from 15 parts per weight to zero parts by weight.
Regarding claim 14. JANG modified by KANADA discloses the negative electrode of claim 1, wherein
JANG [0012] discloses the silicon-based active material comprises
a silicon-carbon composite comprising silicon particles and
a first carbon-based material.
Regarding claim 15. JANG modified by KANADA discloses the negative electrode of claim 14, wherein
JANG [0012] discloses the first carbon-based material comprises artificial graphite.
Regarding claim 18. JANG modified by KANADA discloses the negative electrode of claim 1,
JANG [table 1] example 1 discloses the second active material layer comprising
the silicon-based active material and
the binder (CMC and SBR) comprises 2.2 parts per weight which reads on the range of about 0.1 wt% to about 8 wt% of the binder based on 100 wt% of the first active material layer.
Regarding claim 19. JANG modified by KANADA discloses the negative electrode of claim 1,
JANG [table 1] discloses in example 1 the second active material layer comprising the silicon-based active material and the binder further comprises a carbon-based active material in the form of CMC and SBR.
Regarding claim 20. JANG modified by KANADA discloses a rechargeable lithium battery comprising the negative electrode for the rechargeable lithium battery of claim 1,
[0084] a positive electrode called a cathode (100),
a separator called a separation layer (140) between the negative electrode called an anode (130) and
the positive electrode (100), and
[0087] an electrolyte.
Regarding claim 21. JANG modified by KANADA discloses the negative electrode of claim 1, wherein
KANADA [0014] discloses the binder comprises particles having a core-shell structure in which the copolymer (B) forms a core and the copolymer (A) forms a shell surrounding the core.
Regarding claim 22. JANG modified by KANADA discloses the negative electrode of claim 21, wherein
JANG [table 1] discloses the copolymer (A) is water-soluble (CMC) and the copolymer (B) is water-insoluble (SBR).
Claims 16-17 are rejected under 35 U.S.C. 103 as being unpatentable over US 20220263076 A1, JANG et al. in view of US 20170256800 A1, KANEDA et al. as applied to claim 1 above, and further in view of US 20170012282 A1, KONDO et al.
Regarding claim 16. JANG modified by KANADA discloses the negative electrode of claim 1,
JANG modified by KANADA does not disclose the silicon-based active material comprises
a silicon-carbon composite comprising:
a core in which silicon particles and
a second carbon-based material are mixed; and
a third carbon-based material is surrounding the core.
KONDO [title] discloses A Negative Electrode for Nonaqueous Secondary Battery and Nonaqueous Secondary Battery, Negative Electrode Active Material and Method for Producing Same, Complex Including Nano Silicon, Carbon Layer, and Cationic Polymer Layer, and Method for Producing Complex Formed of Nano Silicon and Carbon Layer
KONDO discloses the silicon-based active material comprises
a silicon-carbon composite comprising [0099]:
a core [0099] in which silicon particles (aggregated) and
a second carbon-based material are mixed [0099]; and
a third carbon-based material is surrounding the core [0232] in the form of either a low-crystallinity graphite, a high-crystallinity graphite, flake-like graphite, spheroidal graphite, block-like graphite, earthy graphite, hard carbon, soft carbon etc.
KONDO [0099] also discloses that the “first active material may be the above described nano silicon aggregated particles alone, but preferably contains a complex (hereinafter, sometimes referred to as “Si/C complex”) in which a carbon layer is covering at least one portion of the nano silicon aggregated particles. By having the carbon layer, advantageous effects regarding conductivity being improvement and the nano silicon aggregated particles being reinforced are obtained. In the following, the Si/C complex is described. Carbon that forms the carbon layer may be solely of an amorphous or crystalline carbon, or may be a mixture of an amorphous carbon and a crystalline carbon.”
It would have been obvious to one of ordinary skill in the art before the effective filing date to have silicon core surrounded by a carbon shell in order to improve conductivity.
Regarding claim 17. JANG modified by KANADA further modified by KONDO discloses the negative electrode of claim 16, wherein KONDO [0232] discloses
the second carbon-based material is crystalline carbon comprising
artificial graphite, natural graphite, or a combination thereof, and
the third carbon-based material is amorphous carbon comprising
pitch carbon, soft carbon, hard carbon, a mesophase pitch carbonized product, calcined coke, a carbon fiber, or a combination thereof.
KONDO [0099] also discloses that the “first active material may be the above described nano silicon aggregated particles alone, but preferably contains a complex (hereinafter, sometimes referred to as “Si/C complex”) in which a carbon layer is covering at least one portion of the nano silicon aggregated particles. By having the carbon layer, advantageous effects regarding conductivity being improvement and the nano silicon aggregated particles being reinforced are obtained. In the following, the Si/C complex is described. Carbon that forms the carbon layer may be solely of an amorphous or crystalline carbon, or may be a mixture of an amorphous carbon and a crystalline carbon.”
It would have been obvious to one of ordinary skill in the art before the effective filing date to have silicon core surrounded by a carbon shell in order to improve conductivity.
Conclusion
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LAWRENCE LA RAIA III
Examiner
Art Unit 1727
/L.L./Examiner, Art Unit 1727
/BARBARA L GILLIAM/Supervisory Patent Examiner, Art Unit 1727
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