DETAILED ACTION
Claims 1-4, 6-14, 16-18, and 20 are presented for examination, wherein claims 1 and 8 are currently amended; plus, claim 10 is withdrawn. Claims 5, 15, and 19 are cancelled.
The objection to claim 1 is withdrawn, as a result of an amendment to said claim.
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1-4, 6-9, 11-14, 16-18, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Hinoki et al (US 2008/0248387).
Regarding independent claim 1, Hinoki teaches a platelike anode (e.g. item 10) for use in a secondary battery, said plate comprising
(i) a current collector (e.g. item 16);
(ii) a lower layer (e.g. item 17) disposed on said current collector; and,
(iii) an outermost layer (e.g. item 19) disposed on said lower layer,
wherein said lower layer may comprise said active material that may be natural graphite; artificial graphite; metals such as Si or Sn; SiO2; SnO2, and lithium titanate (Li4Ti5O12); and, said upper layer may comprise said active material that may be natural graphite; artificial graphite; metals such as Si or Sn; SiO2; SnO2, and lithium titanate (Li4Ti5O12);
wherein said lower layer may comprise said active material that may have an average particle size (D50) that is preferably 10-35 µm, which includes e.g. 10 µm; and, said upper layer may comprise said active material that may have an average particle size (D50) that is preferably 1.5-20 µm, which includes e.g. 20 µm;
wherein said lower layer may comprise said active material in an amount of 80-97 mass% based on a total solid content of said lower layer; and, said upper layer may comprise said active material in an amount of 80-97 mass% based on a total solid content of said upper layer;
wherein said lower layer has a thickness that is preferably e.g. 50-100 µm; and, wherein said upper layer has a thickness that is preferably e.g. 3-30 µm, which includes e.g. 30 µm; plus,
wherein said lower layer may be formed by coating a first slurry on said current collector, then drying, then pressing by calendering to a density of e.g. 7.8, 10.5, 16.2 mg/cm2; and then said upper layer may be formed by coating a second slurry on said lower layer, then drying, then pressing by calendering to a density of e.g. 4.0 mg/cm2, wherein porosity and density of each of the resulting layers can be adjusted by controlling a linear pressure during said press
(e.g. ¶¶ 0029-31, 39, 42, 47-48, 50-54, 61, 92-94, and 99-102 plus e.g. Figures 1 and 9), reading on “negative electrode plate,” said platelike anode (e.g. item 10) comprising:
(1) said current collector (e.g. item 16) (e.g. supra), corresponding with the claimed “a current collector;”
(2) said lower layer (e.g. item 17) disposed on said current collector (e.g. supra), corresponding with the claimed “a first negative electrode active material layer;” and,
(3) said outermost layer (e.g. item 19) disposed on said lower layer, which is disposed on said current collector (e.g. supra), corresponding with the claimed “a second negative electrode active material layer,”
the teaching supra reading on “a current collector, and a first negative electrode active material layer and a second negative electrode active material layer sequentially arranged on the current collector,”
wherein said lower layer may comprise said active material that may be natural graphite; artificial graphite; metals such as Si or Sn; SiO2; SnO2, and lithium titanate (Li4Ti5O12); and, said upper layer may comprise said active material that may be natural graphite; artificial graphite; metals such as Si or Sn; SiO2; SnO2, and lithium titanate (Li4Ti5O12);
wherein said lower layer may comprise said active material that may have said average particle size (D50) that is preferably 10-35 µm, which includes e.g. 10 µm; and, said upper layer may comprise said active material that may have said average particle size (D50) that is preferably 1.5-20 µm, which includes e.g. 20 µm;
wherein said lower layer may comprise said active material in an amount of 80-97 mass% based on said total solid content of said lower layer; and, said upper layer may comprise said active material in said amount of 80-97 mass% based on said total solid content of said upper layer;
wherein said lower layer has a thickness that is preferably e.g. 50-100 µm; and, wherein said upper layer has a thickness that is preferably e.g. 3-30 µm, which includes e.g. 30 µm; plus,
wherein said lower layer may be formed by coating said first slurry on said current collector, then drying, then pressing by calendering to said density of e.g. 7.8, 10.5, 16.2 mg/cm2; and then said upper layer may be formed by coating said second slurry on said lower layer, then drying, then pressing by calendering to said density of e.g. 4.0 mg/cm2, wherein porosity and density of each of the resulting layers can be adjusted by controlling a linear pressure during said press (e.g. supra), but does not expressly teach the limitation “a tortuosity of the first negative electrode active material layer and a tortuosity of the second negative electrode active material layer satisfying:
1 < t1 ≤ 5, 1 <t2 ≤ 5, and 0.5 ≤ t2−t1 ≤ 3.2; wherein
t1 represents the tortuosity of the first negative electrode active material layer,
t2 represents the tortuosity of the second negative electrode active material layer, and
t2−t1 represents a difference between the tortuosity of the second negative electrode active material layer and the tortuosity of the first negative electrode active material layer.”
However, Hinoki teaches said a substantially identical anode layers (e.g. supra, compared with instant specification, at e.g. ¶¶ 0019-21, 23-26, and 29), establishing a prima facie case of obviousness of the claimed limitation, see also e.g. MPEP § 2112.01, reading on said limitation.
Regarding the newly added limitation incorporating the subject matter of former claim 5, which depended from intervening claim 2, “a porosity of the first negative electrode active material layer is 20% to 30%, a porosity of the second negative electrode active material layer is 30% to 40%, and the porosity of the second negative electrode active material layer is greater than the porosity of the first negative electrode active material layer,” Hinoki teaches said lower layer may comprise said active material that may be natural graphite; artificial graphite; metals such as Si or Sn; SiO2; SnO2, and lithium titanate (Li4Ti5O12); and, said upper layer may comprise said active material that may be natural graphite; artificial graphite; metals such as Si or Sn; SiO2; SnO2, and lithium titanate (Li4Ti5O12);
wherein said lower layer may comprise said active material that may have said average particle size (D50) that is preferably 10-35 µm, which includes e.g. 10 µm; and, said upper layer may comprise said active material that may have said average particle size (D50) that is preferably 1.5-20 µm, which includes e.g. 20 µm;
wherein said lower layer may comprise said active material in an amount of 80-97 mass% based on said total solid content of said lower layer; and, said upper layer may comprise said active material in said amount of 80-97 mass% based on said total solid content of said upper layer;
wherein said lower layer has a thickness that is preferably e.g. 50-100 µm; and, wherein said upper layer has a thickness that is preferably e.g. 3-30 µm, which includes e.g. 30 µm; plus,
wherein said lower layer may be formed by coating said first slurry on said current collector, then drying, then pressing by calendering to said density of e.g. 7.8, 10.5, 16.2 mg/cm2; and then said upper layer may be formed by coating said second slurry on said lower layer, then drying, then pressing by calendering to said density of e.g. 4.0 mg/cm2, wherein porosity and density of each of the resulting layers can be adjusted by controlling a linear pressure during said press (e.g. supra), but does not expressly teach said newly added limitation.
However, Hinoki teaches said a substantially identical anode layers (e.g. supra, compared with instant specification, at e.g. ¶¶ 0019-21, 23-26, and 29), establishing a prima facie case of obviousness of the claimed limitation, see also e.g. MPEP § 2112.01, reading on said limitation.
Regarding claims 2-4 and 11, Hinoki teaches the anode of claim 1, wherein said lower layer may comprise said active material that may be natural graphite; artificial graphite; metals such as Si or Sn; SiO2; SnO2, and lithium titanate (Li4Ti5O12); and, said upper layer may comprise said active material that may be natural graphite; artificial graphite; metals such as Si or Sn; SiO2; SnO2, and lithium titanate (Li4Ti5O12);
wherein said lower layer may comprise said active material that may have said average particle size (D50) that is preferably 10-35 µm, which includes e.g. 10 µm; and, said upper layer may comprise said active material that may have said average particle size (D50) that is preferably 1.5-20 µm, which includes e.g. 20 µm
(e.g. supra), severably establishing a prima facie case of obviousness of the claimed ranges, see also e.g. MPEP § 2144.05(I), reading on “the first negative electrode active material layer comprises a first negative electrode active material, the second negative electrode active material layer comprises a second negative electrode active material, a D50 of the first negative electrode active material and a D50 of the second negative electrode active material are in a range of 8 μm to 20 μm, and the D50 of the second negative electrode active material is greater than the D50 of the first negative electrode active material” (claim 2); “the D50 of the first negative electrode active material is 8 μm to 13 μm, and the D50 of the second negative electrode active material is 13 μm to 20 μm” (claim 3); “a difference between the D50 of the second negative electrode active material and the D50 of the first negative electrode active material is 3 μm or more” (claim 4); and, “a difference between the D50 of the second negative electrode active material and the D50 of the first negative electrode active material is 3 μm or more” (claim 11).
Regarding claims 6 and 12-14, Hinoki teaches the anode of claims 1-4, wherein said lower layer has said thickness that is preferably e.g. 50-100 µm; and, wherein said upper layer has said thickness that is preferably e.g. 3-30 µm, which includes e.g. 30 µm (e.g. supra), severably establishing a prima facie case of obviousness of the claimed ranges, see also e.g. MPEP § 2144.05(I), reading on “a thickness of the first negative electrode active material layer and a thickness of the second negative electrode active material layer are within a range of 30 μm to 100 μm” (claims 6 and 12-14).
Regarding claims 7, 16-18, and 20, Hinoki teaches the anode of claims 1-4 and 6, wherein said lower layer may comprise said active material that may be natural graphite; artificial graphite; metals such as Si or Sn; SiO2; SnO2, and lithium titanate (Li4Ti5O12); and, said upper layer may comprise said active material that may be natural graphite; artificial graphite; metals such as Si or Sn; SiO2; SnO2, and lithium titanate (Li4Ti5O12);
wherein said lower layer may comprise said active material that may have said average particle size (D50) that is preferably 10-35 µm, which includes e.g. 10 µm; and, said upper layer may comprise said active material that may have said average particle size (D50) that is preferably 1.5-20 µm, which includes e.g. 20 µm;
wherein said lower layer may comprise said active material in an amount of 80-97 mass% based on said total solid content of said lower layer; and, said upper layer may comprise said active material in said amount of 80-97 mass% based on said total solid content of said upper layer;
wherein said lower layer has a thickness that is preferably e.g. 50-100 µm; and, wherein said upper layer has a thickness that is preferably e.g. 3-30 µm, which includes e.g. 30 µm; plus,
wherein said lower layer may be formed by coating said first slurry on said current collector, then drying, then pressing by calendering to said density of e.g. 7.8, 10.5, 16.2 mg/cm2; and then said upper layer may be formed by coating said second slurry on said lower layer, then drying, then pressing by calendering to said density of e.g. 4.0 mg/cm2, wherein porosity and density of each of the resulting layers can be adjusted by controlling a linear pressure during said press (e.g. supra), sufficiently close to establish a prima facie case of the obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on “…a surface density of the second negative electrode active material layer are in a range of 0.30 g/dm2 to 0.73 g/dm2” (claims 7 and 16-20); and, establishing a prima facie case of the obviousness of the claimed range, see also e.g. MPEP § 2144.05(I), reading on “a surface density of the first negative electrode active material layer…are in a range of 0.30 g/dm2 to 0.73 g/dm2” (claims 7, 16-18, and 20).
In the alternative, Hinoki teaches said an anode layers made by substantially identical processes from substantially identical precursors (e.g. supra, compared with instant specification, at e.g. ¶¶ 0019-26, 29, and 38-43), severably establishing a prima facie case of obviousness of the claimed limitation, see also e.g. MPEP § 2112.01, reading on the limitation “a surface density of the first negative electrode active material layer and a surface density of the second negative electrode active material layer are in a range of 0.30 g/dm2 to 0.73 g/dm2” (claims 7, 16-18, and 20).
Regarding newly amended claim 8, Hinoki teaches the anode of claim 1, wherein said lower layer may comprise said active material in an amount of 80-97 mass% based on said total solid content of said lower layer; and, said upper layer may comprise said active material in said amount of 80-97 mass% based on said total solid content of said upper layer (e.g. supra), severably establishing a prima facie case of obviousness of the claimed ranges, see also e.g. MPEP § 2144.05(I), reading on “a mass of the first negative electrode active material accounts for 90% to 98% of a mass of the first negative electrode active material layer, and a mass of the second negative electrode active material accounts for 90% to 98% of a mass of the second negative electrode active material layer.”
Regarding claim 9, Hinoki teaches the anode of claim 2, wherein said lower layer may comprise said active material that may be natural graphite; artificial graphite; metals such as Si or Sn; SiO2; SnO2, and lithium titanate (Li4Ti5O12); and, said upper layer may comprise said active material that may be natural graphite; artificial graphite; metals such as Si or Sn; SiO2; SnO2, and lithium titanate (Li4Ti5O12) (e.g. supra), reading on “the first negative electrode active material and the second negative electrode active material are independently selected from one or more of graphite, soft carbon, hard carbon, lithium titanate, a silicon-based material, and a tin-based material.”
Response to Arguments
Applicant’s arguments filed January 28, 2026 have been fully considered but they are not persuasive.
The applicant alleges the following.
Applicant respectfully disagrees. Hinoki does not disclose nor render obvious the specific dual-range porosity architecture with required ordering. Hinoki discloses a layered anode comprising an outermost layer and a lower layer on a current collector. Hinoki teaches thickness µm), D50 ranges (paragraph [0042] outermost 1.5-20 µm; paragraph [0051] lower 10-40 um), and composition ranges (paragraphs [0047], [0052] 80-97 mass% active material). These are expressly relied upon in the Office Action for other dependent claims (items 9(b), 9(d), 9(e), 9(f), 9(g)). Critically, Hinoki provides no numeric porosity ranges for either layer and no disclosure of an inter-layer porosity ordering. Hinoki only states: “the porosity, density, and degree of flexion of the resulting layer can be adjusted by controlling the linear pressure during the press.” Hinoki, paragraph [0058]. Hinoki further teaches higher linear press pressure for the outermost layer than for the lower layer (outermost: 981-14710 N/cm (100-1500 kgf/cm); lower: 245-3432 N/cm (25-350 kgf/cm)). Paragraph [0058]. In combination with the outermost layer being thinner (paragraph [0048]) and using smaller D50 particles (paragraph [0042]) than the lower layer ([0051]), Hinoki’s process guidance would predict a denser (i.e., lower porosity) outermost layer relative to the lower layer—not the claimed architecture in which the second layer’s porosity is greater than the first layer and constrained to 30-40% while the first layer is constrained to 20-30%.
Therefore, the claimed dual-range porosity architecture with required ordering is thus neither taught nor suggested by Hinoki’s general calendering guidance, and it is not an inevitable outcome of “substantially identical” processes. Merely stating that porosity “can be adjusted” does not supply the specific numeric ranges and inter-layer ordering now required by amended claim 1.
Furthermore, Hinoki’s disclosure of adjustable porosity/density via press settings (paragraph [0058]) is generic and outcome-dependent. Given Hinoki’s explicit teaching of higher pressure on the outermost layer, smaller particle sizes in the outermost layer, and a thinner outermost layer, the reasonable expectation is higher packing density (lower porosity) in the outermost layer, contrary to the required “second > first” porosity ordering. Therefore, the claimed porosity architecture is not inherent to Hinoki.
Accordingly, amended claim 1 and its dependent claims are allowable over the cited reference.
(Remarks, at e.g. 6:7-7:4.)
In response, the examiner respectfully notes that the newly added limitation from former claim 5, which depended from intervening dependent claim 2, the examiner respectfully incorporates by reference the relevant portions of the prior and instant Office actions herein.
The examiner respectfully further refers to the instant specification, relevant portions reproduced below for ease of reference.
[0019] In an embodiment of the present disclosure, 0.5≤t2−t1≤3. In another embodiment of the present disclosure, 1≤t2−t1≤3.[0020] Generally, the larger the D50 of an active material, the larger the tortuosity of the negative electrode active material layer. In an embodiment of the present disclosure, the first negative electrode active material layer 11 includes a first negative electrode active material, and the second negative electrode active material layer 12 includes a second negative electrode active material. In addition, a D50 of the second negative electrode active material is greater than a D50 of the first negative electrode active material. The D50 of the first negative electrode active material and the D50 of the second negative electrode active material are both in a range of 8 μm to 20 μm. That is, the D50 of the negative electrode active material in the second negative electrode active material layer 12 away from the current collector 10 (or “adjacent to the electrolyte”) is set to be large, and the D50 of the negative electrode active material in the first negative electrode active material layer 11 adjacent to the current collector 10 (or “away from the electrolyte”) is set to be small. In this way, the second negative electrode active material layer 12 adjacent to the electrolyte is more fully infiltrated by the electrolyte during the process of battery cycle, which improves the lithium insertion capacity of the battery, thereby preventing the occurrence of lithium plating, thereby allows the battery to have high cycle stability, and also ensures that the two negative electrode active material layers have consistent lithium extraction/insertion rate.[0021] The D50 of the first negative electrode active material is 8 μm to 13 μm, and the D50 of the second negative electrode active material is 13 μm to 20 μm. The difference between the D50 of the second negative electrode active material and the D50 of the first negative electrode active material is 3 μm or more, which better ensures that the tortuosity difference between the second negative electrode active material layer and the first negative electrode active material layer is within an appropriate range, thereby being more conducive to the consistency of the lithium extraction/insertion rate of the two negative electrode active material layers. For example, the D50 of the second negative electrode active material and the D50 of the first negative electrode active material may be 13 μm and 8 μm, or 15 μm and 13 μm, or 17 μm and 13 μm, respectively.
…
[0023] In the present disclosure, the first negative electrode active material layer 11 and the second negative electrode active material layer 12 each further includes a conductive agent and a binder. That is, the first negative electrode active material layer 11 includes the first negative electrode active material, the conductive agent, and the binder; and the second negative electrode active material layer 12 includes the second negative electrode active material, the conductive agent, and the binder. The content of the conductive agent, the binder and the negative electrode active material is not limited. A mass of the first negative electrode active material accounts for 90% to 98% of a mass of the first negative electrode active material layer 11, and a mass of the second negative electrode active material accounts for 90% to 98% of a mass of the second negative electrode active material layer 12. In this way, the negative electrode plate 100 is allowed to have a relatively high negative electrode active material load, thereby improving the energy density of the battery.
[0024] A thickness of the first negative electrode active material layer 11 and a thickness of the second negative electrode active material layer 12 are both in a range of 30 μm to 100 μm. If the thickness of each negative electrode active material layer is greater than 100 μm, the energy density of the battery is increased while the power density is decreased; and if the thickness of each negative electrode active material layer is less than 30 μm, the power density of the battery is increased while the energy density is decreased. The thickness of the first negative electrode active material layer 11 and the thickness of the second negative electrode active material layer 12 are both in a range of 40 μm to 75 μm. The thickness of the first negative electrode active material layer 11 may be equal to or different from the thickness of the second negative electrode active material layer 12. A sum of the thickness of the first negative electrode active material layer 11 and the thickness of the second negative electrode active material layer 12 is in a range of 80 μm to 150 μm.
[0025] Generally, the larger the porosity of the active material layer, the larger the tortuosity of the active material layer. However, if the porosity of the active material layer is greater than 40%, there is a great reduction in the energy density of the battery. The porosity of the first negative electrode active material layer 11 is 20% to 30%, and the porosity of the second negative electrode active material layer 12 is 30% to 40%. In addition, the porosity of the second negative electrode active material layer is greater than the porosity of the first negative electrode active material layer. For example, the porosity of the first negative electrode active material layer 11 and the porosity of the second negative electrode active material layer 12 may be 20% and 30%, or 25% and 36%, or 30% and 40%, respectively.
[0026] The surface density of the first negative electrode active material layer 11 and the surface density of the second negative electrode active material layer 12 are both in a range of 0.3 g/dm2 to 0.8 g/dm2.
…
[0029] The first negative electrode active material and the second negative electrode active material are independently selected from one or more of graphite, soft carbon, hard carbon, lithium titanate, a silicon-based material, and a tin-based material. That is, the first negative electrode active material and the second negative electrode active material may be the same or different in terms of material. The silicon-based material may include elemental silicon, silicon alloy, silicon oxide, a silicon-carbon composite material, and the like. The tin-based material may include elemental tin, tin oxide, tin-based alloy, and the like.
(Instant specification, at e.g. ¶¶ 0019-21, 23-26, and 29, emphasis added).
Given the instant initial disclosure, a proper prima facie case of obviousness has been established, shifting the burden of going forward to the applicant. Further, the examiner respectfully notes that insufficient data has been presented to rebut the prima facie case of obviousness.
Conclusion
The art made of record and not relied upon is considered pertinent to applicant’s disclosure.
Lee et al (US 2025/0183275);
Otsuka et al (US 2025/0158037);
Hasegawa et al (US 2025/0105288);
Yamamoto et al (US 2024/0405219);
Yamamoto et al (US 2024/0405214);
Soga et al (US 2024/0405205);
Wu et al (US 2023/0327215);
Yao et al (US 2023/0112652);
Tashita et al (US 2023/0061388);
Yao et al (US 2022/0271279);
Yao et al (US 2022/0149340);
Yoshida et al (US 2022/0052313);
Takahashi et al (US 2022/0166004);
Huang et al (US 2021/0111410); and,
Yoshida et al (US 2014/0220416).
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 YOSHITOSHI TAKEUCHI whose telephone number is (571)270-5828. The examiner can normally be reached M-F, 8-4.
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/YOSHITOSHI TAKEUCHI/Primary Examiner, Art Unit 1723