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 .
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 March 12th 2026 has been entered.
Response to Amendment
The Amendment filed February 20th 2026 has been entered. Claims 1, 4, 7-8, & 10 remain pending in the application. Claims 2-3 & 9 were cancelled by the Applicant. Applicant’s amendments to Claim 1 have not overcome the previous 103 rejection of Kim in view of Yokoi, Iwamoto, and Katoh, and the Applicant’s arguments to the 103 rejection are not persuasive, therefore the previous 103 rejection has been maintained. Upon further consideration, a new ground(s) of rejection is made in view of Kim KR 2017/0107824 A (Kim ‘824) and Moriwaka et al. US 2011/0177396 A1. New rejections follow.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claims 1, 4, 7-8, & 10 are rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Claim 1 recites “the second active material layer comprises a second active material” then recites “the second active material consists essentially of a titanium compound” and “the second active material layer contains only the titanium compound as a negative electrode active material”. It is unclear if the Applicant is meaning that the “second active material” and “a negative electrode active material” as referring to the same material as both are limited as being made up of the titanium compound, or if the Applicant is referring to a different negative electrode active material from the second active material in the second active material layer also being made of the titanium compound. Thus, the claim is unclear and indefinite. Appropriate correction is required.
Claims 4, 7-8, & 10, as they depend from Claim 1, are indefinite for the same reasons as above.
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 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.
Claims 1, 4, 7-8, & 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al US 2018/0062158 A1 (herein referred to as Kim ‘158) in view of Iwamoto et al. US 2012/0107684 A1, Yokoi et al. US 2012/0009472 A1, and Katoh US 2008/0268348 A1.
Regarding Claim 1, Kim ‘158 discloses a battery comprising [0014]:
A positive electrode [0014]
A negative electrode [0014]
Kim ‘158 discloses that the negative electrode comprises a negative electrode current collector and a negative electrode active material layer between the solid electrolyte layer and the current collector [0022].
Kim ‘158 further discloses that the negative electrode active material layer comprises a first and a second active material layer [0022], and that the first active material layer comprises a first active material that forms an alloy with Li (silicon) [0024], and the second active material layer comprises a second active material (artificial graphite) [0022]. Kim ‘158 discloses that the second active material layer comprises the second active material, the second polymer binder, and the second conductive material as the only components of the second active material [0022], and thus Kim ‘158 discloses that the second active material layer does not comprise a material that forms an alloy with Li.
Kim ‘158 further discloses that the thickness ratio of the first active material layer and the second active material layer is 3:7 to 1:9 [0010], thus Kim ‘158 discloses that the first active material layer is thinner than the second active material layer.
Kim ‘158 discloses a separator disposed between the positive electrode and the negative electrode [0014], and discloses that the separator is a porous polymer substrate [0044], however is silent as to the porous polymer substrate containing an electrolyte, thus forming a solid electrolyte layer comprising a first solid electrolyte.
Iwamoto discloses a lithium ion battery [0013] comprising a separator [0013]. Iwamoto discloses that the separator is a porous film [0088], and alternatively a solid electrolyte can be used instead of a porous separator [0088].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date to substitute one known separator, i.e. the porous substrate of Kim ‘158, for another separator, i.e. the solid electrolyte of Iwamoto, with reasonable expectation of success. The simple substitution of one separator for another to obtain predictable results is not patentable. See KSR International Co v. Teleflex Inc., 127 S. Ct. 1727,82 USPQ2d 1385 (2007); MPEP 2143 B.
In addition, by teaching the two alternative types of separators for lithium ion batteries, Iwamoto demonstrates that these are known equivalents in the art, and the selection of either separator would have been obvious to one having ordinary skill in the art. See MPEP 2144.06.
Kim ‘158 discloses that the second active material is artificial graphite, however Kim ‘158 is silent as to the second active material comprising a titanium compound.
Yokoi discloses a battery with a negative electrode wherein the negative electrode comprises a first active material layer and a second active material layer [0010], similar to that of Kim ‘158. Yokoi discloses that the second active material in the second active material layer comprises lithium titanate as the active material [0010]. Yokoi discloses that the second active material layer contains lithium titanate as a main component [0020]. Thus Yokoi discloses that the second active material consists essentially of a titanium compound, and the second active material layer contains only the titanium compounds as a negative electrode active material.
Yokoi discloses that a negative electrode comprising lithium titanate as an active material produces a battery with excellent high-temperature storage life [0010].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the second active material layer of Kim ‘158 to replace the artificial graphite active material with lithium titanate as suggested by Yokoi to provide a battery with excellent high-temperature storage life.
Thus modified Kim ‘158 discloses that the second active material comprises a lithium compound (lithium titanate), which is known to have properties of occluding and releasing lithium ions [Yokoi 0014].
Modified Kim ‘158 is silent as to the second active material layer comprising a second solid electrolyte.
Katoh discloses a lithium secondary battery comprising a negative electrode [Abstract], and more specifically discloses that the negative electrode comprises an active material of lithium titanate [0129], similar to that of modified Kim ‘158. Katoh further discloses that the negative electrode comprises a solid electrolyte [0019].
Katoh discloses that this configuration produces a battery with high reliability at high temperatures [0016].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the second active material layer of modified Kim ‘158 to further include a solid electrolyte as suggested by Katoh to provide a battery with high reliability at high temperatures.
Regarding Claim 4, Kim ‘158 discloses that the first active material comprises silicon [0024].
Regarding Claim 7, modified Kim ‘158 discloses that the second active material layer comprises a solid electrolyte, as modified by Katoh. Katoh discloses that the solid electrolyte has lithium ionic conductivity [Katoh 0019]. Thus, modified Kim ‘158 discloses that the solid electrolyte has lithium ion conductivity.
Regarding Claim 8, Kim ‘158 discloses that the thickness ratio of the first active material layer (T1) and the second active material layer (T2) is 3:7 to 1:9 [0010], thus Kim ‘158 discloses that the ratio T1/T2 is within the range set forth in the claim. In regards to the thickness ratio, the Examiner directs Applicant to MPEP 2131.03 I. In the case where the prior art “discloses a point within the claimed range, the prior art anticipates the claim”. UCB, Inc. v. Actavis Labs. UT, Inc., 65 F.4th 679, 687, 2023 USPQ2d 448 (Fed. Cir. 2023). Accordingly, the thickness disclosed in Kim ‘158 anticipates the claimed range set forth in Claim 8. See MPEP 2131.03 I.
Regarding Claim 10, modified Kim ‘158 discloses that the titanium compound is lithium titanate [Yokoi 0013], more specifically Li4Ti5O12 [Yokoi 0019].
Claims 1, 4, 7-8, & 10 are rejected under 35 U.S.C. 103 as being unpatentable over Kim KR 2017/0107824 A (herein referred to as Kim ‘824) in view of Kim et al US 2018/0062158 A1 (Kim ‘158) and Katoh US 2008/0268348 A1. Citations to Kim ‘824 are mapped to the English machine translation provided.
Regarding Claim 1, Kim ‘824 discloses a battery comprising [0058],
A positive electrode [0059]
A negative electrode [0059]
A solid electrolyte layer [0060] comprising a first solid electrolyte [0060]
Kim ‘824 discloses that the solid electrolyte layer is located between the positive electrode and the negative electrode [0059-0060]
Kim ‘824 discloses that the negative electrode comprises a negative electrode current collector and a negative electrode active material layer between the solid electrolyte layer and the current collector [0027, 0057].
Kim ‘824 further discloses that the negative electrode active material layer comprises a first and a second active material layer (Figure 1c Items 120 and 130, respectively) [0027] wherein the second active material layer is between the first active material layer and the solid electrolyte layer [0057].
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Annotated Kim ‘824 Figure 1C
Kim ‘824 discloses that the first active material of the first active material layer can be a silicon-based alloy or tin-based alloy [0032], thus Kim ‘824 discloses that the first active material layer comprises a first active material that forms an alloy with Li.
Kim ‘824 discloses that the second active material layer contains a second active material of lithium titanium oxide [0033]. Thus, Kim ‘824 discloses that the second active material does not comprise a material that forms an alloy with Li, consists essentially of a titanium compound, and the second active material layer contains only the titanium compounds as a negative electrode active material.
Kim ‘824 fails to disclose that the thickness of the first active material layer is thinner than the second active material layer.
Kim ‘158 discloses a battery comprising a negative electrode having a first and second active material layer [0022] wherein the first active material comprises a first negative electrode active material comprising silicon [0024], similar to that of Kim ‘824. Kim ‘158 further discloses that the thickness ratio of the first active material layer and the second active material layer is 3:7 to 1:9 [0010, 0033], thus Kim ‘158 discloses that the first active material layer is thinner than the second active material layer.
Kim ‘158 discloses that this thickness ratio between first and second layers provides good adhesion to the current collector as well as provides high output and long cycle life [0033].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the layers of Kim ‘824 to be such that the first active material layer is thinner than the second active material layer as suggested by Kim ‘158 to provide a battery having good adhesion between layers, high output, and long cycle life.
Kim ‘824 discloses that the second active material layer can further comprise other additives known in the art [0039], however is silent as to the second active material layer specifically comprising a second solid electrolyte.
Katoh discloses a lithium secondary battery comprising a negative electrode [Abstract], and more specifically discloses that the negative electrode comprises an active material of lithium titanate [0129], similar to that of modified Kim ‘824. Katoh further discloses that the negative electrode comprises a solid electrolyte [0019].
Katoh discloses that this configuration produces a battery with high reliability at high temperatures [0016].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the second active material layer of modified Kim ‘824 to further include a solid electrolyte as suggested by Katoh to provide a battery with high reliability at high temperatures.
Regarding Claim 4, Kim ‘824 discloses that the first active material comprises silicon [0032].
Regarding Claim 7, modified Kim ‘824 discloses that the second active material layer comprises a solid electrolyte, as modified by Katoh. Katoh discloses that the solid electrolyte has lithium ionic conductivity [Katoh 0019]. Thus, modified Kim ‘824 discloses that the solid electrolyte has lithium ion conductivity.
Regarding Claim 8, modified Kim ‘824 discloses that the thickness ratio of the first active material layer (T1) and the second active material layer (T2) is 3:7 to 1:9 [Kim ‘158 0010], thus modified Kim ‘824 discloses that the ratio T1/T2 is within the range set forth in the claim. In regards to the thickness ratio, the Examiner directs Applicant to MPEP 2131.03 I. In the case where the prior art “discloses a point within the claimed range, the prior art anticipates the claim”. UCB, Inc. v. Actavis Labs. UT, Inc., 65 F.4th 679, 687, 2023 USPQ2d 448 (Fed. Cir. 2023). Accordingly, the thickness disclosed in modified Kim ‘824 anticipates the claimed range set forth in Claim 8. See MPEP 2131.03 I.
Regarding Claim 10, Kim ‘824 discloses that the titanium compound is lithium titanate [0033], more specifically LiaTibO4 wherein 0.5≤a≤3 and 1≤b≤2.5 [0033-0036] which reads on the formula of Claim 10 when a = 1.33 and b = 1.67.
Claims 1, 4, 7-8, & 10 are rejected under 35 U.S.C. 103 as being unpatentable over Yokoi et al. US 2012/0009472 A1 in view of Kim et al US 2018/0062158 A1 (Kim ‘158) and Katoh US 2008/0268348 A1.
Regarding Claim 1, Yokoi discloses a battery comprising [0024]:
A positive electrode [0024]
A negative electrode [0024]
A solid electrolyte layer [00024, 0028] comprising a first solid electrolyte (inorganic solid electrolytes) [0028]
Yokoi discloses that the solid electrolyte layer is located between the positive electrode and the negative electrode [0024]
Yokoi discloses that the negative electrode comprises a negative electrode current collector and a negative electrode active material layer between the solid electrolyte layer and the current collector [0009, 0024].
Yokoi further discloses that the negative electrode active material layer comprises a first and a second active material layer [0009] wherein the second active material layer is between the first active material layer and the solid electrolyte layer [0010], further shown in Figures 1 & 2 of Yokoi below.
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Yokoi Annotated Figures 1 & 2
Yokoi discloses that the second active material layer comprises a second active material [0009] which Yokoi more specifically discloses to be a lithium titanate composite oxide [0009] such as lithium titanate spinel [0019]. Yokoi discloses that the second active material layer comprises lithium titanate composite oxide as the main negative-electrode active material [0020]. Thus, Yokoi discloses that the second active material does not comprise a material that forms an alloy with Li, consists essentially of a titanium compound, and the second active material layer contains only the titanium compounds as a negative electrode active material.
Regarding the first active material layer comprising a material that forms an alloy with Li as a first active material, Yokoi discloses that the first active material comprises graphite [0010] and may further contain one or more kinds of negative electrode active materials other than graphite [0020]. However, while Yokoi is open to the first active material comprising an additional active material, Yokoi is silent as to a specific material that forms an alloy with Li contained in the first active material layer as a first active material.
Kim ‘158 discloses a battery comprising a negative electrode having a first and second active material layer [0022] wherein the first active material comprises a first negative electrode active material containing graphite, similar to that of Yokoi, and additionally silicon oxide [0022, 0024]. Thus Kim ‘158 discloses that the first active material layer comprises a first active material that forms an alloy with Li (silicon) [0024].
Kim ‘158 discloses that the silicon provides high capacity for the negative electrode mixture layer [0024].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to incorporate silicon in the first active material layer of Yokoi as suggested by Kim ‘158 to provide a battery having a negative electrode mixture layer with high capacity.
Yokoi additionally fails to disclose that the thickness of the first active material layer is thinner than the second active material layer.
Kim ‘158 further discloses that the thickness ratio of the first active material layer and the second active material layer is 3:7 to 1:9 [0010, 0033], thus Kim ‘158 discloses that the first active material layer is thinner than the second active material layer.
Kim ‘158 discloses that this thickness ratio between first and second layers provides good adhesion to the current collector as well as provides high output and long cycle life [0033].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the layers of Yokoi to be such that the first active material layer is thinner than the second active material layer as suggested by Kim ‘158 to provide a battery having good adhesion between layers, high output, and long cycle life.
Modified Yokoi is silent as to the second active material layer comprising a second solid electrolyte.
Katoh discloses a lithium secondary battery comprising a negative electrode [Abstract], and more specifically discloses that the negative electrode comprises an active material of lithium titanate [0129], similar to that of modified Yokoi. Katoh further discloses that the negative electrode comprises a solid electrolyte [0019].
Katoh discloses that this configuration produces a battery with high reliability at high temperatures [0016].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the second active material layer of modified Yokoi to further include a solid electrolyte as suggested by Katoh to provide a battery with high reliability at high temperatures.
Regarding Claim 4, modified Yokoi discloses that the first active material comprises silicon [Kim ‘158 0024].
Regarding Claim 7, modified Yokoi discloses that the second active material layer comprises a solid electrolyte, as modified by Katoh. Katoh discloses that the solid electrolyte has lithium ionic conductivity [Katoh 0019]. Thus, modified Yokoi discloses that the solid electrolyte has lithium ion conductivity.
Regarding Claim 8, modified Yokoi discloses that the thickness ratio of the first active material layer (T1) and the second active material layer (T2) is 3:7 to 1:9 [Kim ‘158 0010], thus modified Yokoi discloses that the ratio T1/T2 is within the range set forth in the claim. In regards to the thickness ratio, the Examiner directs Applicant to MPEP 2131.03 I. In the case where the prior art “discloses a point within the claimed range, the prior art anticipates the claim”. UCB, Inc. v. Actavis Labs. UT, Inc., 65 F.4th 679, 687, 2023 USPQ2d 448 (Fed. Cir. 2023). Accordingly, the thickness disclosed in modified Yokoi anticipates the claimed range set forth in Claim 8. See MPEP 2131.03 I.
Regarding Claim 10, Yokoi discloses that the titanium compound is lithium titanate [0019], more specifically Li4Ti5O12 [0019].
Claims 1, 4, 7-8, & 10 are rejected under 35 U.S.C. 103 as being unpatentable over Moriwaka et al. US 2011/0177396 A1 in view of Kim et al US 2018/0062158 A1 (Kim ‘158) and Katoh US 2008/0268348 A1.
Regarding Claim 1, Moriwaka discloses a battery (power storage device) comprising [0078]:
A positive electrode [0078]
A negative electrode [0078]
A solid electrolyte layer [0078] comprising a first solid electrolyte [0092, 0098]
Moriwaka discloses that the solid electrolyte layer is located between the positive electrode and the negative electrode [0078]
Moriwaka discloses that the negative electrode comprises a negative electrode current collector and a negative electrode active material layer between the solid electrolyte layer and the current collector [0042-0043].
Moriwaka further discloses that the negative electrode active material layer comprises a first and a second active material layer (Figure 2 Items 101 and 102, respectively) [0043, 0063] wherein the second active material layer is between the first active material layer and the solid electrolyte layer [0079], further shown in Figure 2 of Moriwaka below.
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Moriwaka Annotated Figure 2
Moriwaka discloses that the second active material layer contains a second active material which Moriwaka more specifically discloses to be a lithium titanate [0029, 0045]. Moriwaka discloses that when lithium titanate is used as the second active material, there is little volume change due to insertion and elimination of lithium ions which provides the advantage of no capacitance deterioration [0059]. Thus one of ordinary skill in the art would be motivated to select lithium titanate as the second active material in the second active material layer. Thus, Moriwaka discloses that the second active material does not comprise a material that forms an alloy with Li, consists essentially of a titanium compound, and the second active material layer contains only the titanium compounds as a negative electrode active material.
Regarding the first active material layer comprising a material that forms an alloy with Li as a first active material, Moriwaka discloses that the first active material comprises carbon such as graphite or a carbon composite material [0044]. However, Moriwaka is silent as to a specific material that forms an alloy with Li contained in the first active material layer as a first active material.
Kim ‘158 discloses a battery comprising a negative electrode having a first and second active material layer [0022] wherein the first active material comprises a first negative electrode active material containing graphite, similar to that of Moriwaka, and additionally silicon oxide [0022, 0024]. Thus Kim ‘158 discloses that the first active material layer comprises a first active material that forms an alloy with Li (silicon) [0024].
Kim ‘158 discloses that the silicon provides high capacity for the negative electrode mixture layer [0024].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to incorporate silicon in the first active material layer of Moriwaka as suggested by Kim ‘158 to provide a battery having a negative electrode mixture layer with high capacity.
Moriwaka additionally fails to disclose that the thickness of the first active material layer is thinner than the second active material layer.
Kim ‘158 further discloses that the thickness ratio of the first active material layer and the second active material layer is 3:7 to 1:9 [0010, 0033], thus Kim ‘158 discloses that the first active material layer is thinner than the second active material layer.
Kim ‘158 discloses that this thickness ratio between first and second layers provides good adhesion to the current collector as well as provides high output and long cycle life [0033].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the layers of Moriwaka to be such that the first active material layer is thinner than the second active material layer as suggested by Kim ‘158 to provide a battery having good adhesion between layers, high output, and long cycle life.
Modified Moriwaka is silent as to the second active material layer comprising a second solid electrolyte.
Katoh discloses a lithium secondary battery comprising a negative electrode [Abstract], and more specifically discloses that the negative electrode comprises an active material of lithium titanate [0129], similar to that of modified Moriwaka. Katoh further discloses that the negative electrode comprises a solid electrolyte [0019].
Katoh discloses that this configuration produces a battery with high reliability at high temperatures [0016].
Therefore, it would have been obvious to one of ordinary skill in the art prior to the effective filing date of the present invention to modify the second active material layer of modified Moriwaka to further include a solid electrolyte as suggested by Katoh to provide a battery with high reliability at high temperatures.
Regarding Claim 4, modified Moriwaka discloses that the first active material comprises silicon [Kim ‘158 0024].
Regarding Claim 7, modified Moriwaka discloses that the second active material layer comprises a solid electrolyte, as modified by Katoh. Katoh discloses that the solid electrolyte has lithium ionic conductivity [Katoh 0019]. Thus, modified Moriwaka discloses that the solid electrolyte has lithium ion conductivity.
Regarding Claim 8, modified Moriwaka discloses that the thickness ratio of the first active material layer (T1) and the second active material layer (T2) is 3:7 to 1:9 [Kim ‘158 0010], thus modified Moriwaka discloses that the ratio T1/T2 is within the range set forth in the claim. In regards to the thickness ratio, the Examiner directs Applicant to MPEP 2131.03 I. In the case where the prior art “discloses a point within the claimed range, the prior art anticipates the claim”. UCB, Inc. v. Actavis Labs. UT, Inc., 65 F.4th 679, 687, 2023 USPQ2d 448 (Fed. Cir. 2023). Accordingly, the thickness disclosed in modified Moriwaka anticipates the claimed range set forth in Claim 8. See MPEP 2131.03 I.
Regarding Claim 10, Moriwaka discloses that the titanium compound is lithium titanate [0016], more specifically Li4Ti5O12 [0016, 0045].
Response to Arguments
Applicant argues that there is no motivation to combine Yokoi with Kim to arrive at the claimed configuration. Examiner respectfully points out that Yokoi discloses that using lithium titanate as the active material as the second active material layer of a two-layer negative electrode structure produces a battery with excellent high-temperature storage life, as stated in the rejection above. Thus there is motivation to replace Kim’s second active material with the lithium titanate as suggested by Yokoi. Accordingly, for the reasons stated above, this argument is unpersuasive.
Applicant argues that replacing the second active material (graphite) of Kim with the lithium titanate of Yokoi would render the invention of Kim unsatisfactory for its intended purpose. Examiner respectfully points out that Yokoi describes using lithium titanate as the second active material in the second active material layer in combination with a first active material layer comprising graphite as the first active material, similar to the first active material in the first active material layer of Kim. Thus, there is evidence from Yokoi that using lithium titanate and graphite together as second and first active materials (respectively) would provide a successfully functioning negative electrode structure. Accordingly, for the reasons stated above, this argument is unpersuasive.
Conclusion
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/A.E.G./Examiner, Art Unit 1726 /DANIEL P MALLEY JR./Primary Examiner, Art Unit 1726
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