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 .
Response to Amendment
In response to the amendment filed 12/23/2026, the following objections and rejections have been withdrawn from the previous office action:
Objections to claims 6 and 8
35 U.S.C. 102 rejections of claims 2-3
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), and
wherein the negative electrode is a negative electrode for a rechargeable lithium battery ([0001] negative electrode for lithium secondary battery).
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 12/23/2025 have been fully considered but they are not persuasive.
In response to applicant’s argument regarding claim 1 on page 5 of applicant’s arguments that Masakichi teaches away from using boron oxides, the examiner notes this argument is moot, since a “reference is no less anticipatory if, after disclosing the invention, the reference then disparages it. The question whether a reference "teaches away" from the invention is inapplicable to an anticipation analysis.” See MPEP 2131.05. The examiner further notes, as stated in the rejection, that Masakichi does disclose boron oxide and boric acid, in [0011].
In response to applicant’s argument regarding claim 1 on pages 5-6 of applicant’s remarks that the 1 wt% SBR binder disclosed by Masakichi is not presented based on the total, 100 wt% of the negative electrode active material layer, as claimed, the examiner disagrees, and notes that the negative electrode active material layer in the example of Masakichi is made of the carbonaceous material containing elemental boron or the boron compound (98%), the binder (1%), and the thickener (1%), which add up to 100%.
In response to applicant’s argument regarding claim 4 on pages 6-7 of applicant’s remarks that the office equates Masakichi’s boron compound content with elemental boron content, the examiner notes that Masakichi equates this itself, as disclosed in [0011], “(3) The above-mentioned negative electrode material for lithium secondary batteries, wherein the content of elemental boron or boron compounds is 0.01 wt% or more and 10 wt% or less relative to the carbonaceous material.”
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.
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.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Susan Leong can be reached at (571) 270-1487. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/T.G.H./Examiner, Art Unit 1754
/SEYED MASOUD MALEKZADEH/Primary Examiner, Art Unit 1754