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In response to the amendment received 12/30/2025, the following rejections have been withdrawn from the previous office action:
35 U.S.C. 102 rejections of claims 1-3, 6-8, and 11
35 U.S.C. 103 rejections of claims 4, 9, and 10
Claim Objections
Claim 13 is objected to because of the following informalities:
Claim 13 recites “wherein the resin material consists of a fluorine-containing polymer” which should be amended to read “wherein the resin material consists of [[a]] the fluorine-containing polymer” in order to improve claim limitation consistency.
Appropriate correction is required.
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.
Claim(s) 1, 3, 5-8, 11, and 13 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20160336625A1, hereafter Jeong, as evidenced by "Basic Physical Properties of Chemical Compounds." Retrieved from https://app.knovel.com/hotlink/itble/rcid:kpKS000009/id:kt00395F16/knovel-sampler/basic-physical-properties, hereafter KS, and further in view of Published Application US20050095504A1, hereafter Kim.
Regarding claim 1, Jeong discloses a lithium secondary battery ([0006] lithium secondary battery) comprising:
a positive electrode that absorbs lithium ions during discharging and releases the lithium ions during charging ([0140] positive electrode 11; [0039] intercalation/deintercalation of lithium ions; [0153] lithium intercalation compounds, these implicitly intercalate lithium during discharging and release lithium during discharging, the reverse of the negative electrode);
a negative electrode on which lithium metal is deposited during charging and from which the lithium metal dissolves during discharging ([0140] negative electrode 12; [0294] lithium metal deposited on negative electrode during charging; it is implicit that the opposite – releasing the deposited lithium metal – occurs during discharging); and
a non-aqueous electrolyte that has lithium ion conductivity ([0097] nonaqueous electrolytes such as ethylene carbonate; the electrolyte implicitly conducts lithium ions in a lithium secondary battery, otherwise the lithium ions would not be able to transfer between the positive electrode and the negative electrode during charge/discharge cycles),
wherein a surface of the negative electrode (12) is covered with a protective layer ([0141] protective layer 13 on surface of negative electrode 12),
the protective layer (13) contains a resin material and inorganic particles ([0123] PVA or PVA blend in protective layer composition; [0126] inorganic particles added to protective layer composition), and
the inorganic particles have a density of 6 g/cm3 or more ([0066] inorganic particles are CuO; according to KS, CuO has a density of 6.315-6.4 g/cm3).
Jeong does not disclose wherein the resin material includes a fluorine-containing polymer.
In the analogous art of battery electrode protective films, Kim discloses wherein the resin material includes a fluorine-containing polymer ([0042] linear polymer is polyvinylidene fluoride), and further that linear polymers having good mechanical strength improve the mechanical strength of the adhesivity of the passivation (i.e. protective) layer ([0040]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Jeong with the polyvinylidene fluoride linear polymer disclosed by Kim in order to improve the mechanical strength of the adhesivity of the protective layer, as suggested by Kim, and further as a selection of a known material based on its suitability for the intended purpose (MPEP 2144.07).
Regarding claim 3, Jeong discloses wherein the inorganic particles include at least one type selected from the group consisting of copper oxide particles and bismuth oxide particles ([0066] inorganic particle is CuO).
Regarding claim 5, Jeong does not disclose wherein the resin material has a weight-average molecular weight of 500,000 or more.
In the analogous art of battery electrode protective films, Kim discloses wherein the resin material has a weight-average molecular weight of 50,000 or to 10,000,000 ([0042] weight-average molecular weight of linear polymer from 50,000 to 10,000,000), which overlaps with the claimed range of 500,000 or more. Kim further discloses that linear polymers having good mechanical strength improve the mechanical strength of the adhesivity of the passivation (i.e. protective) layer ([0040]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Jeong with the linear polymer having a molecular weight between 500,000 and 10,000,000 as disclosed by Kim in order to improve the mechanical strength of the adhesivity of the protective layer, as suggested by Kim.
Regarding claim 6, Jeong discloses wherein the inorganic particles have a particle diameter of 1 nm or more and 100 nm or less ([0081] inorganic particle average particle diameter is about 1 nm to about 100 nm).
Regarding claim 7, Jeong discloses wherein the inorganic particles are contained in an amount of 35 mass% or less in the protective layer ([0055] 100 parts by weight of first polymer, 0.1 to 100 parts by weight second polymer; [0058] 30 to 200 parts by weight of lithium salt; [0074] 10 to 200 parts by weight inorganic particles; [0130] remaining solvent is less than 10 wt% of total weight of protective layer; [0124] organic solvent used is about 100 to about 10,000 parts by weight; thus, minimum parts by weight are: 100 parts first polymer, 0.1 parts second polymer, 30 parts lithium salt, 10 parts inorganic particles, 100 parts organic solvent would be a total of 241.1 parts before drying, and about 155.1 parts total dry having the solvent just under 10%; 10/155.1 = 6.4 % by weight inorganic particles).
Regarding claim 8, Jeong discloses wherein the protective layer has a thickness of 0.1 µm or more and 5 µm or less ([0065] 1 to 5 µm protective layer thickness; the examiner notes paragraph [0065] of Jeong uses symbols not necessarily representing microns, however the Korean application, KR20160134563A, which is incorporated by reference into the disclosure of Jeong, does list those quantities as µm, see [0042] of that document).
Regarding claim 11, Jeong discloses wherein there is a space in which the lithium metal is deposited between the negative electrode and the positive electrode ([0143] separator 14b; [0173] separator may include pores; thus, the lithium metal would be deposited in the pores of the separator due to the presence of the protective layer preventing deposition directly on the negative electrode).
Regarding claim 13, Jeong is silent on wherein the resin material consists of a fluorine-containing polymer.
Kim discloses wherein the resin material consists of a fluorine-containing polymer ([0042] linear polymer is polyvinylidene fluoride), and further that linear polymers having good mechanical strength improve the mechanical strength of the adhesivity of the passivation (i.e. protective) layer ([0040]).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Jeong to select the polyvinylidene fluoride linear polymer disclosed by Kim as the resin material in order to improve the mechanical strength of the adhesivity of the protective layer, as suggested by Kim, and further, as a selection of a known material based on its suitability for the intended purpose (MPEP 2144.07).
Claim(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20160336625A1, hereafter Jeong, as evidenced by "Basic Physical Properties of Chemical Compounds." Retrieved from https://app.knovel.com/hotlink/itble/rcid:kpKS000009/id:kt00395F16/knovel-sampler/basic-physical-properties, hereafter KS, and further in view of Published Application US20050095504A1, hereafter Kim., as stated above for claim 1, and further as evidenced by "Table 4.1. Specific Volume v and Density ρ of the Amorphous and Crystalline Phases of Some Commercial Polymers, Values of ρα Classified in Ascending Order. Ratio between Crystalline and Amorphous Density ρc/ρa." Retrieved from https://app.knovel.com/hotlink/itble/rcid:kpPSATET03/id:kt01211WR6/polymer-science-textbook/table-4-1-specific-volume, hereafter PS.
Regarding claim 2, Jeong further discloses wherein a ratio of the density of the inorganic particles to a density of the resin material is 3.5 or more ([0123] PVA in protective layer composition; according to PS, polyvinyl alcohol has a maximum density of 1.35 g/cm3 when it is fully crystalline; 6.315:1.35 is greater than a 4.6 ratio of the density of the inorganic particles to the density of the resin, which is within the range of 3.5 or more, as claimed).
Claim(s) 9 and 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20160336625A1, hereafter Jeong, as evidenced by "Basic Physical Properties of Chemical Compounds." Retrieved from https://app.knovel.com/hotlink/itble/rcid:kpKS000009/id:kt00395F16/knovel-sampler/basic-physical-properties, hereafter KS, and further in view of Published Application US20050095504A1, hereafter Kim, as stated above for claim 1, and further in view of Published Application US20180351158A1, hereafter Liao.
Regarding claim 9, Jeong discloses wherein the non-aqueous electrolyte includes lithium ions and anions ([0099] liquid electrolyte includes organic solvent and lithium salt).
Jeong does not disclose wherein the anions of the non-aqueous electrolyte include oxalate complex anions.
In the analogous art of battery electrode protective layers, Liao discloses wherein the anions of the non-aqueous electrolyte include oxalate complex anions ([0099] second passivating agent reduces the rate of decomposition of the electrolyte; [0005] second passivating agent is lithium difluoro(oxalato)borate).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to modify the invention of Jeong to use the lithium difluoro(oxalate)borate passivating agent in the electrolyte as disclosed by Liao in order to reduce the rate of decomposition of the electrolyte, as suggested by Liao.
Regarding claim 10, Liao further discloses wherein the oxalate complex anions includes difluoro(oxalate)borate anions ([0005] second passivating agent is lithium difluoro(oxalato)borate).
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Published Application US20160336625A1, hereafter Jeong, as evidenced by "Basic Physical Properties of Chemical Compounds." Retrieved from https://app.knovel.com/hotlink/itble/rcid:kpKS000009/id:kt00395F16/knovel-sampler/basic-physical-properties, hereafter KS, and further in view of Published Application US20050095504A1, hereafter Kim, as stated above for claim 1, and further in view of Published Application US20210060638A1, hereafter Herle.
Regarding claim 12, Jeong is silent on wherein the inorganic particles include bismuth oxide particles.
In the analogous art of battery electrode protective films, Herle discloses wherein the inorganic particles in the protective layer include bismuth oxide particles ([0030] bismuth chalcogenide film).
It would have been obvious to one of ordinary skill in the art, before the effective filing date of the present invention, to select bismuth oxide for the inorganic particle material in the protective layer as a selection of a known material based on its suitability for the intended purpose (MPEP 2144.07).
Response to Arguments
Applicant's arguments filed 12/30/2025 have been fully considered but they are not persuasive.
In response to applicant's argument regarding claim 1 on page 8 of applicant's remarks that PVDF taught by Kim is a polymer with relatively low polarity, and that a skilled artisan would not expect mixing the PVDF taught by Kim into the protective layer containing polyvinyl alcohol taught by Jeong would improve the mechanical strength, and thus would not be motivated to combine the PVDF taught by Kim with the polyvinyl alcohol taught by Jeong, the examiner disagrees. First, the examiner notes both PVOH and PVDF are polar polymers, and as such, one skilled in the art would understand how best to blend them together based on their polarities. Second, the examiner notes that PVDF, as disclosed by Kim, has a high mechanical strength ([0042]), and thus, blending PVDF with the PVOH of Jeong would be understood by one skilled in the art to impart its mechanical strength to the blend. Lastly, applicant has not provided evidence to show that one skilled in the art would be unable to improve the mechanical strength of the protective layer of Jeong by blending the PVOH with the PVDF of Kim. Further, the examiner also notes it has been held to be obvious to select a known material based on its suitability for the intended purpose (MPEP 2144.07).
In response to applicant's argument regarding claim 1 on page 9 of applicant's remarks that none of the cited references teach or even suggest the advantages provided by the features of amended claim 1, the fact that the inventor has recognized another advantage which would flow naturally from following the suggestion of the prior art cannot be the basis for patentability when the differences would otherwise be obvious. See Ex parte Obiaya, 227 USPQ 58, 60 (Bd. Pat. App. & Inter. 1985).
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.
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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