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 RCE filed on 01/14/2026.
Claims 1-3, 5-7 and 9-18 remain pending in the application.
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 01/14/2026 has been entered.
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 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (US 2019/0157723) in view of Oh et al. (US 2019/0074516).
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.
Oh discloses an all-slid-state battery [0022] comprising an anode active material layer including an anode active material (an electrode active material, [0009]) and a binder [0009]. The binder includes a first polymer of a butadiene rubber (styrene butadiene rubber), and a second polymer including a carboxy alkyl cellulose (carboxymethylcellulose [0050]), a salt thereof [0051], or a combination thereof, and the first polymer and the second polymer are included in a weight ratio of 1:1 to 6:1 ([0052], 0.001 to 10 wt% for CMC, and [0054], 0.001 to 10 wt% for SBR, which satisfies the claimed range). The binder is included in an amount of 4 parts by weight to 15 parts by weight based on 100 parts by weight of the negative electrode active material (paragraph [0059] discloses 1 to 10 wt% of the binder based on the total weight of the electrode slurry, which meets the claimed limitation with a value that falls within the claimed range). Oh further discloses a case for accommodating the electrode assembly (Oh implicitly discloses a case for accommodating the electrode assembly by disclosing the electrode assembly forms a lithium secondary battery and is used in a vehicle [0024]).
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 with the binder composition of butadiene rubber and CMC as disclosed by Oh in order to improve a solid content increasing effect, the phase stability, binding strength, reduction in resistance, performance and stability of the battery (Oh, [0051-0055]) and the case for accommodating the electrode assembly in order to protect the electrode assembly and mounting of the electrode assembly in the desired usage location (Oh, [0024]).
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.
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 Oh et al. (US 2019/0074516) as applied to claims 1-3, 7, 9-12 and 18 above, and further in view of Woo et al. (KR101753892 with provided machine English translation).
Addressing claims 5-6, Suzuki and Oh 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 Oh 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) 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Suzuki et al. (US 2019/0157723) in view of Oh et al. (US 2019/0074516) as applied to claims 1-3, 7, 9-12 and 18 above, and further in view of Okada et al. (JPWO2014046078 with provided machine English translation).
Addressing claim 13, Suzuki and Oh are silent regarding the binding force of the negative electrode.
Okada discloses a negative electrode for lithium secondary battery with binding force of 0.5 to 20 gf/mm (paragraph [0119]) of the translation document that 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 arrived at the claimed binding force range when perform routine experimentation with binding strength in the range disclosed by Okada by perform routine experimentation with the binder and composition of the negative electrode active material layer of Suzuki in view of Oh in the manner disclosed by Okada in order to optimize the binding strength of the negative electrode active material layer to the current collector (Okada, [0119-0120]).
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 Oh et al. (US 2019/0074516) as applied to claims 1-3, 7, 9-12 and 18 above, and further in view of Mayer et al. (US 2017/0324113).
Addressing claim 14, Suzuki and Oh 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 Oh 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 Oh et al. (US 2019/0074516) as applied to claims 1-3, 7, 9-12 and 18 above, and further in view of Yoshida (JP2012009209 with provided machine English translation).
Addressing claims 14-15, Suzuki and Oh 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 Oh 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 Oh et al. (US 2019/0074516) as applied to claims 1-3, 7, 9-12 and 18 above, and further in view of Izumi et al. (CN104659443 with provided machine English translation).
Addressing claim 16, Suzuki and Oh 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 Oh 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 Oh et al. (US 2019/0074516) as applied to claims 1-3, 7, 9-12 and 18 above, and further in view of Takeda et al. (US 2019/0115592).
Addressing claim 17, Suzuki and Oh 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 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 and 9-18 have been considered but are moot because the new ground of rejection does not rely on any combination of references applied in the prior rejection of record for any teaching or matter specifically challenged in the argument.
Conclusion
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/BACH T DINH/Primary Examiner, Art Unit 1726 02/25/2026