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 .
Summary
This is the response to the Amendment/Request for Reconsideration filed on 05/27/2026.
Claims 1-3, 5-7, 9-12 and 14-19 remain pending in the application.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
Claim(s) 1-3, 7, 9-12 and 18-19 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (US 2019/0157723) in view of Kim et al. (US 2020/0185677).
Addressing claims 1-2 and 9, Suzuki discloses an all solid state battery (title), comprising:
an electrode assembly including a negative electrode (anode 120), a positive electrode (cathode 10), and a solid electrolyte 130 between the negative electrode and the positive electrode [0066]; and
wherein:
the negative electrode includes a negative electrode current collector 121 and a negative electrode active material layer 122 including a negative electrode active material (anode active material, [0086]) and a binder [0010],
the negative electrode active material includes a carbon material (amorphous carbon, [0015] as the claimed non-graphitic carbon) and metal particles ([0015-0017, 0032-0033], silver, tin or zinc),
the binder includes butadiene polymer [0034],
the weight ratio of the carbon material to the metal particles is 1:1 to 10:1 [0031],
the binder is included in an amount of 4 parts by weight to 10 parts by weight based on 100 parts by weight of the negative electrode active material ([0011], 0.3 to 15 wt% of the anode active material, which encompasses the claimed range; paragraph [0103] discloses the weight percent of binder is to ensure sufficient adhesion of the active material to the current collector; therefore, at the time of the effective filing date of the invention, one would have arrived at the claimed weight percent range of binder in the negative electrode active material when perform routine experimentation with the amount of binder in the negative electrode active material in order to optimize adhesion of the active material to the current collector).
Suzuki is silent regarding a case for accommodating the electrode assembly, the binder includes the first polymer of a butadiene rubber and a second polymer including carboxy alkyl cellulose and the first polymer and the second polymer are included in a weight ratio of 1:1 to 6:1.
Kim discloses an all solid state battery (fig. 1), comprising: an electrode assembly including a negative electrode 200 and a positive electrode 300. Kim further discloses the lithium secondary battery is used in an electric vehicle, which implies the existence of a case for accommodating the electrode assembly. The negative electrode includes a current collector [0034] and a negative electrode material layer (anode active material, [0036]) including a negative electrode active material [0036] and a binder [0042]. The negative electrode active material includes a non-graphitic carbon (amorphous carbon, [0038]) and a metal particles (Al, Sn, Pb, Zn, Bi, In, Mg, Cd, Ni, Ti, Mn, Ge [0038]) similarly to that of Suzuki. Kim further discloses the binder for the negative electrode material includes CMC and SBR [0042] similarly to those of Suzuki; wherein, the weight ratio of SBR to CMC is 2:1 [0096], which produces the negative electrode with an electrode plate binding force of 30 gf/mm or more (Table 1 shows the binding force of the anode of 35.3 gf/mm and 33.6 gf/mm).
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify binder of Suzuki’s negative electrode with the binder composition disclosed by Kim in order to improve the peeling strength of the negative electrode (Kim, [0043], Table 1). Furthermore, one would have found it obvious to modify the secondary battery of Suzuki with the case for accommodating the electrode assembly as disclosed by Kim in order to protect the electrode assembly and enable mounting the secondary battery in electric vehicle.
Addressing claims 3 and 18, paragraph [0182] discloses silver particles with diameter of 20, 60 or 800 nm that fall within the claimed range.
Addressing claim 7, paragraphs [0159 and 0190] disclose the non-graphitic carbon includes ketjen black, carbon black and acetylene black.
Addressing claims 10-11, Suzuki discloses in paragraph [0107] the sulfide solid electrolyte having the claimed formula.
Addressing claim 12, paragraph [0027-0041] disclose the composition of the negative electrode that does not include solid electrolyte.
Addressing claim 19, Suzuki discloses the metal particles have a size of 20 or 60 [0182] that fall within the claimed range. Suzuki is silent regarding the metal particles include Mg, Ge, Cu, In or Ni. Kim discloses in paragraph [0038] the anode active material include metal such as Tin or Zn, similarly to those of Suzuki, or Mg, Ge or In. Therefore, at the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the negative electrode active material of Suzuki by substituting the known Sn or Zn metal with the known Mg, Ge or In metal disclosed by Kim in order to obtain the predictable result of providing conductivity in the negative electrode active material layer (Rationale B, KSR decision, MPEP 2143). Furthermore, one would have found it obvious to modify the negative electrode active material of Suzuki in view of Kim by perform routine experimentation with the metal particle diameter in the range disclosed by Suzuki in order to optimize the stability of charging and discharging as well as the initial discharge capacity of the secondary battery (Suzuki, [0183-0185]).
Claim(s) 5-6 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (US 2019/0157723) in view of Kim et al. (US 2020/0185677) as applied to claims 1-3, 7, 9-12 and 18-19 above, and further in view of Woo et al. (KR101753892 with provided machine English translation).
Addressing claims 5-6, Suzuki and Kim are silent regarding the non-graphitic carbon has a secondary particle form in which a plurality of primary particles are agglomerated and the primary particle has a particle diameter of 20 nm to 100 nm as claimed.
Woo discloses forming negative electrode for secondary battery; wherein, the negative electrode includes cellulose-based thickener and carbon black, acetylene black, ketjen black or channel black (page 3 of the translation document) similarly to that of Oh and Suzuki. Woo further discloses the carbon material includes secondary particles agglomerated with primary particles (page 3 of the translation document) with average diameter of less than 1 micron (page 3 of the translation document), which overlaps with the claimed range.
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the negative electrode composition of Suzuki in view of Kim with the secondary particles of carbon material disclosed by Woo in order to enhance the conductivity of the electrode and output characteristics and lifetime characteristics of the secondary battery (Woo, Abstract).
Claim(s) 14 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (US 2019/0157723) in view of Kim et al. (US 2020/0185677) as applied to claims 1-3, 7, 9-12 and 18-19 above, and further in view of Mayer et al. (US 2017/0324113).
Addressing claim 14, Suzuki and Kim are silent regarding the limitation of current claim.
Mayer discloses a lithium secondary battery comprising a lithium metal layer disposed between the current collector and the negative electrode active material layer (anolyte layer [0013]). The lithium metal layer is formed when the cell is charged, particularly lithium is transferred to the negative electrode and the lithium metal layer [0005, 0013].
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the battery of Suzuki in view of Kim with the known lithium metal layer between the negative electrode active material layer and the current collector as disclosed by Mayer in order to maintain the size of the secondary battery and obtain the predictable result of forming a lithium secondary battery (Rationale B, KSR decision, MPEP 2143).
Claim(s) 14-15 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (US 2019/0157723) in view of Kim et al. (US 2020/0185677) as applied to claims 1-3, 7, 9-12 and 18-19 above, and further in view of Yoshida (JP2012009209 with provided machine English translation).
Addressing claims 14-15, Suzuki and Kim are silent regarding lithium precipitation layer and the claimed thickness range.
Yoshida discloses a lithium layer 4 between the negative electrode active material layer and the current collector (figs. 2 and 4-5). Yoshida discloses during charging operation lithium is deposited between the current collector and the negative electrode active material layer (page 3 of the translation document). The presence of the lithium layer between the negative electrode active material layer and the current collector allows the suppression of the supply of the electrolytic solution to the reaction field and reduction in excessive electrolyte decomposition (page 4 of the translation document). Yoshida discloses the lithium layer 4 has a thickness of 1 to 100 microns (page 6 of the translation document), which encompasses the claimed range.
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the battery of Suzuki in view of Kim with the lithium layer between the negative electrode active material layer and the current collector as disclosed by Yoshida in order to suppress the supply of electrolytic solution to the reaction field and reducing the decomposition of the electrolytic solution (Yoshida, page 7 of the translation document).
Claim(s) 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (US 2019/0157723) in view of Kim et al. (US 2020/0185677) as applied to claims 1-3, 7, 9-12 and 18-19 above, and further in view of Izumi et al. (CN104659443 with provided machine English translation).
Addressing claim 16, Suzuki and Kim are silent regarding the buffer material between the negative electrode and the case.
Izumi discloses a buffer layer 17 positioned between the negative electrode and the case (paragraph [0080] of the translation document, fig. 7).
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the battery of Suzuki in view of Kim with the buffer layer between the negative electrode and the case as disclosed by Izumi in order to extend the life of the battery (Izumi, [0080]).
Claim(s) 17 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (US 2019/0157723) in view of Kim et al. (US 2020/0185677) as applied to claims 1-3, 7, 9-12 and 18-19 above, and further in view of Takeda et al. (US 2019/0115592).
Addressing claim 17, Suzuki and Kim are silent regarding the claimed butadiene rubber.
Takeda discloses a negative electrode material layer containing a binder that is SBR, similarly to that of Suzuki and Oh, or NBR in combination with CMC [0064].
At the time of the effective filing date of the invention, one with ordinary skill in the art would have found it obvious to modify the negative electrode active material of Suzuki in view of Kim with the known NBR binder disclosed by Takeda in order to obtain the predictable result of binding the materials of the negative electrode active material layer together (Rationale B, KSR decision, MPEP 2143).
Response to Arguments
Applicant’s arguments with respect to claim(s) 1-3, 5-7, 9-12 and 14-19 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.
Conclusion
Applicant's amendment necessitated the new ground(s) of rejection presented in this Office action. Accordingly, THIS ACTION IS MADE FINAL. See MPEP § 706.07(a). 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.
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/BACH T DINH/Primary Examiner, Art Unit 1726 06/16/2026
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