DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 06/01/2026 has been entered.
Response to Amendment
In response to the amendment filed 06/01/2026, the 35 U.S.C. 102(a)(1) rejections have been maintained from the previous office action:
Claim Rejections - 35 USC § 102
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claim(s) 1 and 4-8 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Foreign Publication JP2012028211A (supplied by applicant, used attached machine translation), hereafter Masakichi.
Regarding claim 1, Masakichi discloses a negative electrode for a rechargeable lithium battery ([0001] negative electrode for lithium secondary battery), comprising:
a negative electrode active material layer ([0035] negative electrode layer) including a boron compound ([0011] (1) negative electrode material includes a boron compound), a negative electrode active material ([0011] (1) negative electrode material includes carbonaceous material), and an aqueous binder ([0035] organic binder in water),
wherein the boron compound includes B203, H3B03, or combinations thereof ([0011] (2) boron compound is boron oxide or boric acid),
wherein an amount of the boron compound is 0.1 wt% to 3 wt% based on the total, 100 wt%, of the negative electrode active material layer ([0015] boron compound content is preferably 0.01 wt % to 5 wt % or 0.01 wt % to 1 wt %; [0049] boron compound added at 0.1 wt%, which lies within the claimed range of 0.1 wt% to 3 wt%, see MPEP 2131.03 (I)),
wherein an amount of the aqueous binder is about 0.9 wt% to 6 wt% based on the total, 100 wt%, of the negative electrode active material layer ([0036] organic binder is 1 to 20 parts by mass of the organic binder per 100 parts by mass of the carbonaceous material containing elemental boron or a boron compound; the examiner notes the only remaining ingredient for Masakichi’s negative active material layer is the thickener, which is present in the example in [0051] in an amount of 1 wt%, the same amount at which the binder is included, thus if the organic binder is 1 part by mass per 100 parts by mass of the carbonaceous material containing elemental boron or a boron compound, the thickener is likely to be around 1 part by mass as well, resulting in the binder being present in an amount of at least 0.98 wt %, which is within the claimed range),
wherein the negative electrode is a negative electrode for a rechargeable lithium battery ([0001] negative electrode for lithium secondary battery), and
wherein the negative electrode comprises a C-O-B bond on a surface of the negative electrode (page 6 of present specification states the C-O-B bond may be presented on a surface, which is a bond obtained from only using of the aqueous binder during drying of the negative electrode preparation, where the binder may be styrene-butadiene rubber; [0035] of Masakichi discloses organic binder in water, applying the mixture to a current collector, and drying the water, [0035] organic binder may be styrene butadiene rubber; since the present specification states the C-O-B bond is only present from the use of the aqueous binder and the drying process thereof, since Masakichi discloses the use of the same aqueous binder as the present invention, styrene butadiene rubber, and also discloses the same drying process, and since the present specification does not state any other requirements for the presence of the C-O-B bond, the examiner understands the C-O-B bond to be inherently present on the surface of the negative electrode of Masakichi; see MPEP 2112 (V). Further, it has been held that where the claimed and prior art products are identical or substantially identical in structure or are produced by identical or a substantially identical processes, a prima facie case of either anticipation or obviousness will be considered to have been established over functional limitations that stem from the claimed structure. See MPEP 2112.01).
Regarding claim 4, Masakichi discloses wherein an amount of elemental boron is 0.1 wt% to 3 wt% based on the total, 100 wt%, of the negative electrode active material layer ([0015] elemental boron content is preferably 0.01 wt % to 5 wt % or 0.01 wt % to 1 wt %; since the binder is added in equal parts as the thickener at 1 wt% each in the example of [0051], it is clear that if, for example, the elemental boron content is 1 wt% of the active material, assuming 98 wt% active material and 1 wt% thickener and 1 wt% binder, the elemental boron content would be 0.98 wt% of the total active material layer, which is well within the claimed range of 0.1 wt% to 3 wt%, see MPEP 2131.03 (I)).
Regarding claim 5, Masakichi discloses wherein the negative electrode active material includes a carbon-based negative electrode active material ([0011] (1) carbonaceous material).
Regarding claim 6, Masakichi discloses wherein the boron compound and the negative electrode active material are presented in the negative electrode active material layer in a physical mixture ([0035] mixing carbonaceous material and boron compound with binder and water).
Regarding claim 7, Masakichi discloses wherein the negative electrode is prepared by coating an active material composition on a current collector ([0011] (7) applying slurry to current collector), the active material composition being prepared by mixing the boron compound and the negative electrode active material in a solvent ([0035] mixing active material containing boron or boron compound with binder and solvent or water).
Regarding claim 8, Masakichi discloses a rechargeable lithium battery ([0042] Li secondary battery), comprising:
a negative electrode of claim 1 (see above rejection of claim 1; [0042] battery containing the negative electrode);
a positive electrode comprising a positive active material ([0042] positive electrode containing a lithium compound); and
a non-aqueous electrolyte ([0043] nonaqueous solvent in electrolyte such as ethylene carbonate).
Response to Arguments
Applicant's arguments filed 06 have been fully considered but they are not persuasive.
In response to applicant’s argument regarding claim 1 on page 4 of applicant’s arguments that Masakichi fails to disclose any chemical bonding between boron or a boron compound and carbon or oxygen on a surface of the negative electrode, this argument pertains to newly added limitations and as such is rendered moot in view of the new 35 U.S.C. 102(a)(1) rejection of claim 1.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to TIMOTHY HEMINGWAY whose telephone number is (571)272-0235. The examiner can normally be reached M-Th 6-4.
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/T.G.H./Examiner, Art Unit 1754
/SUSAN D LEONG/Supervisory Patent Examiner, Art Unit 1754
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