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 .
SECONDARY BATTERY, AND BATTERY MODULE, BATTERY PACK, AND ELECTRIC APPARATUS CONTAINING SAME
Examiner: Adam Arciero S.N. 18/155,059 Art Unit: 1727 October 7, 2026
DETAILED ACTION
Applicant's response filed on June 06, 2026 has been received. Claims 1, 4, 6-8, 11 and 13-23 are currently pending. Claims 21-23 have been newly added.
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 Rejections - 35 USC § 103
The claim rejections under 35 USC 103(a) as being unpatentable over Jiang and Tang on claims 1, 4, 6-8, 11, 13 and 17-20 are withdrawn because Applicant’s arguments are persuasive.
The claim rejections under 35 USC 103(a) as being unpatentable over Jiang, Tang and Mizuta on claims 14-16 are withdrawn because Applicant’s arguments are persuasive.
Claim(s) 1, 4, 6-8, 11, 13, 15, and 17-23 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishii et al. (WO 2015/177617 A1 and as found in IDS dated 11/22/24) in view of Kang et al. (US 2019/0348667 A1).
As to Claims 1, 4, 6, 11, 13, 20 and 23, Ishii discloses an electric apparatus comprising a secondary battery having a negative electrode comprising a collector and graphite active material having a porosity of 21-29%, a coating weight of 15 mg/cm2 and an OI of 6.25 (Abstract, Fig. 5, Examples 1-11 and paragraphs [0014, 0032, 0043, 0067, 0079]); an electrolyte that comprises: 1.1M LiPF6 or in an amount of 10-20% mass in a mixed solvent of ethylene carbonate (high-dielectric constant solvent), dimethyl carbonate (low-viscosity solvent), and ethyl methyl carbonate in a 3:4:3 volume proportion (corresponds to a 35.1:38:26.9 mass proportion) (paragraph [0070]). Therefore, the claimed relational expression is met. In addition, it is the position of the Office that the ethylene carbonate solvent of Ishii intrinsically comprises the claimed viscosity, the dimethyl carbonate solvent of Ishii intrinsically comprises the claimed dielectric constant and the electrolyte intrinsically comprises the claimed viscosity and conductivity given that the materials and amounts used in the prior art and the present invention are the same, see MPEP 2112. Ishii does not specifically disclose artificial graphite for the negative active material. However, the graphite taught by Ishii encompasses both natural and artificial graphite. Therefore it would have been obvious to one of ordinary skill in the art to modify the negative active material of Ishii to comprise artificial graphite because Ishii teaches that a battery with increased capacity retention and battery capacity is provided (Fig. 5). In addition, there are a known finite number of options for choosing a graphite for a negative active material (natural or artificial) and therefore a person having ordinary skill in the art would have found it obvious to try the known options with a reasonable expectation of success, see KSR, MPEP 2143, I, E.
In addition, Kang teaches of a negative active material comprising artificial graphite or natural graphite (paragraph [0045]). At the time of the invention, it would have been obvious to one of ordinary skill in the art to modify the active material of Ishii to comprise artificial graphite because Kang teaches that a battery with high energy density, fast charge and long cycle life can be obtained (Abstract).
As to Claims 7-8, Ishii discloses wherein the electrolyte can comprise diethyl carbonate and/or vinylene carbonate (paragraphs [0048 and 0052]).
As to Claim 15, Ishii discloses wherein the negative electrode comprises soft carbon (paragraph [0033])
As to Claim 17, Ishii discloses a negative electrode with 0 wt% silicon (reads on the claimed range) (example 1, paragraph [0144]).
As to Claims 18-19, Ishii discloses wherein the positive active material comprises a layered transition metal oxide such as LiNi0.33Co0.33Mn0.33O2 (paragraph [0023]).
As to Claims 21-22, Ishii does not specifically disclose the claimed limitations.
However, Kang teaches of a negative electrode active material comprising artificial graphite and having a powder OI value G01 of 2-4.5 and a median particle size of 4-15 microns (paragraphs [0039 and 0043]). At the time of the invention, it would have been obvious to one of ordinary skill in the art to modify the active material of Ishii to comprise the claimed powder OI value and median particle size because Kang teaches that a battery with high energy density, fast charge and long cycle life can be obtained (Abstract).
Claim(s) 14 and 16 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ishii et al. (WO 2015/177617 A1 and as found in IDS dated 11/22/24) in view of Kang et al. (US 2019/0348667 A1) as applied to claims 1, 4, 6-8, 11, 13, 15 and 17-23 above an in further view of Mizuta et al. (US 2008/0138704 A1).
As to Claim 14, Ishii does not specifically disclose the claimed electrolyte salt.
However, Mizuta teaches of a secondary battery having an electrolyte comprising a salt such as LiPF6 or NaClO4 in an amount of 0.1-50 mass% (percentage C) and artificial graphite or natural graphite for a negative active material (paragraphs [0157, 0123, 0125 and 0210]). At the time of the invention, it would have been obvious to one of ordinary skill in the art to modify the salt of Ishii to comprise NaClO4 in the claimed amount because Mizuta teaches that a negative electrode with conductivity and an electrolyte with improved ionic conductivity and excellent low temperature property are provided (Abstract).
As to Claim 16, Ishii discloses wherein the negative electrode further comprises carbon nanotubes (paragraph [0033]).
Response to Arguments
Applicant’s arguments, see Remarks, filed June 06, 2026, with respect to the rejection(s) of claim(s) 1 under 35 USC 103(a) have been fully considered and are persuasive. Therefore, the rejection has been withdrawn. However, upon further consideration, a new ground(s) of rejection has been made above.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ADAM ARCIERO whose telephone number is (571)270-5116. The examiner can normally be reached Monday-Friday 8:00-5 ET.
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/ADAM A ARCIERO/Primary Examiner, Art Unit 1727
