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 .
Status of Application
Claims 1-2, 4-9 are currently pending. Claims 3 is canceled. Claims 1,8 are currently amended.
Response to Arguments
Applicant’s arguments with respect to amended claim(s) 1 have been considered but are not found persuasive 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.
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.
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.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2, 4-8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Song (WO2019078544A1 IDS cited 03/27/2026, US20210083273A1 was used for citation), in view of Kim (US20200243848A1, IDS cited 11/18/2021) and Jeong (US20160013481A1, previously cited).
Regarding claims 1-2, 4-5 Song discloses a negative electrode for a rechargeable lithium battery (Example 1; [0060-0062]; title), comprising:
a current collector (copper current collector [0062]);
a first negative active material layer [0060] on one side of the current collector and comprising a first negative active material (i.e., silicon oxide [0060]) and a first conductive material (i.e., carbon black [0060]), which is not a linear conductive material as claimed.
In this regard, Song discloses that the conductive material is not particularly limited as long as it has electrical conductivity without causing a chemical change in a battery, and may be selected from the list comprising a linear conductive material such as conductive fiber (e.g., carbon fiber, metal fiber, or the like), graphite, carbon black [0041].
However, Song does not explicitly disclose wherein the first negative active material layer comprises a first negative active material with a linear conductive material, wherein the first negative active material layer is free of any particle shaped conductive material, as claimed.
In this regard, Kim is also directed to a negative electrode comprising a first and a second negative electrode active material layers comprising conductive materials (abstract), wherein the linear carbon nanotubes should be used for Si-based materials that undergo massive volume expansion and cracking, as the fibrous phase of the carbon nanotubes can cover and crosslink the cracked silicon-based particles, thereby maintaining the conductive pathway [0040-0041 Kim]. Kim further teaches wherein the Si-containing active material may include Si-based active material and the conductive material may include carbon nanotubes alone [Kim 0032].
Thus, it would have been obvious for a person having ordinary skill in the art before the effective filing date to have modified the first negative active material layer of Song comprising the silicon based material, to only include the linear conductive material such as carbon nanotubes (taught by Kim) as an alternative to the carbon black for the silicon-based negative active material of Song, with a reasonable expectation to cover and crosslink the Si-based materials that undergo massive volume expansion and cracking, thereby maintaining the conductive pathway [0040-0041 Kim] {for claim 2}. Such modification meets the limitation of “wherein the first negative active material layer is free of any particle shaped conductive material” which is recited later in claim 1.
Song further discloses:
a second negative active material layer [0061] on one side of the first negative active material layer and comprising a second negative active material (i.e., artificial graphite [0061]) and a second conductive material (i.e., carbon black [0061]) – {for claim 4}
In Example 1, Song discloses wherein the first negative active material is a silicon oxide [0060] which is not a Si-carbon composite, as claimed.
However, Song further discloses that the first negative electrode active material may comprise one or more selected from the group consisting of Si, particles of silicon oxide, a Si-metal alloy, and a Si-carbon composite [0028]. Thus, it would have been obvious for a person having ordinary skill in the art before the effective filing date to have used a Si-carbon composite as an alternative to the silicon oxide of Example 1, as Song further discloses that such silicon-based material exhibits a high capacity [0028] – {for claim 5}.
As modified above, Song discloses the use of Si-carbon composite as the first negative electrode, but Song does not explicitly disclose the structure of the Si-carbon composite.
In this regard, Jeong teaches an anode active material for a lithium secondary battery (title), wherein the anode active material comprises a core layer 10 (Fig 1) comprising a carbon-silicon composite (“silicon particles dispersed in a carbonaceous material” [0035-0037]) and a shell layer 20 comprising a conductive material 21 and a carbonaceous material 22 [0035, 0048-0051], wherein the carbonaceous material of the core layer may be selected from the list comprising natural or artificial graphite, soft carbon, graphene [0041]. Jeong further teaches such core provides high capacity silicon properties while also improving the life characteristics of a secondary battery by mitigating the volume expansion problem during charge and discharge [Jeong 0037].
Thus, it would have been obvious for a person having ordinary skill in the art to have modified the Si-carbon composite of Song, such that it comprises a core comprising a mixture of Si particles and a first carbon-based material that is amorphous or crystalline carbon as claimed, with a reasonable expectation to provide an anode having high capacity and improved life characteristics of a secondary battery ([0037 Jeong]).
Song further discloses wherein the second negative active material layer is spaced apart from the current collector with the first negative active material layer therebetween [Song 0062].
Regarding claim 6, modified Song discloses the negative electrode claim 5, wherein the first negative active material further comprises natural graphite [Song 0060] which is a form of crystalline carbon.
Regarding claim 7, modified Song discloses the negative electrode of claim 1, wherein thicknesses of the first and the second negative active material layer are 100 μm and 10 μm, respectively [Song 0062]. Thus, the thickness of the second negative active material layer about 9% of a total thickness of the first and the second negative active material layer (i.e., 10/110), which falls within the claimed range of “about 1% to about 75% of a total thickness of the first negative active material layer and the second negative active material layer”.
Regarding claim 8, modified Song discloses a rechargeable lithium battery comprising the negative electrode of claim 1 ([0090]; modified in claim 1 rejection), a positive electrode [Song 0090], and an electrolyte [Song 0090].
Claim(s) 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Song (WO2019078544A1 IDS cited 03/27/2026, US20210083273A1 was used for citation; previously cited), in view of Jeong (US20160013481A1, previously cited), Kim (US20200243848A1, IDS cited 11/18/2021), and Ko (US20190123356A1, previously cited, IDS cited 10/20/2025).
Regarding claim 9, modified Song discloses the negative electrode of claim 1, comprising the linear conductive material, as modified by Kim. Kim further teaches wherein the carbon nanotubes have an average diameter of 10-120nm to retain conductivity and improve cycle characteristics of a lithium secondary battery [Kim 0045-0046], wherein the disclosed diameter range significantly overlaps with the claimed range of “about 10 nm to about 40nm”. Thus, it would have been obvious for a person having ordinary skill in the art before the effective filing date to have selected the overlapping diameter range with a reasonable expectation to provide conductivity and to improve cycle characteristics [Kim 0045-0046]. Kim further discloses wherein the carbon nanotubes may have a length of 0.5-20μm [Kim 0046], wherein the length range does not fall within the claimed range of “about 30µm to about 100 µm”. Examiner notes that the size of an article is not a matter of invention. See In re Rose, 105 USPQ 237 (CCPA 1955) (see MPEP § 2144.04). Further, Ko also teaches an active material layer comprising carbon nanotubes, wherein the carbon nanotubes have an average length of greater than or equal to about 40µm to about 250 µm to reduce resistance of the electrode while improving high rate charge/discharge performance and cycle life of the battery [0021 Ko]. Thus, it would have been obvious for a person having ordinary skill in the art to have modified the length of the carbon nanotube of Kim, such that it is in the overlapping range taught by Ko, with a reasonable expectation to reduce resistance, improve high rate charge/discharge performance and cycle life of the battery [0021 Ko].
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 TAEYOUNG SON whose telephone number is (703)756-1427. The examiner can normally be reached M-F 8-5pm.
Examiner interviews are available via telephone, in-person, and video conferencing using a USPTO supplied web-based collaboration tool. To schedule an interview, applicant is encouraged to use the USPTO Automated Interview Request (AIR) at http://www.uspto.gov/interviewpractice.
If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Jonathan Leong can be reached at (571) 270-1292. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
Information regarding the status of published or unpublished applications may be obtained from Patent Center. Unpublished application information in Patent Center is available to registered users. To file and manage patent submissions in Patent Center, visit: https://patentcenter.uspto.gov. Visit https://www.uspto.gov/patents/apply/patent-center for more information about Patent Center and https://www.uspto.gov/patents/docx for information about filing in DOCX format. For additional questions, contact the Electronic Business Center (EBC) at 866-217-9197 (toll-free). If you would like assistance from a USPTO Customer Service Representative, call 800-786-9199 (IN USA OR CANADA) or 571-272-1000.
/T.S./Examiner, Art Unit 1751
/Haroon S. Sheikh/Primary Examiner, Art Unit 1751
Prosecution Insights