DETAILED ACTION
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and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114.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 April 29, 2026 has been entered.
Status of Claims
Claims 1-7 and 10-18 are pending, wherein claims 1-2, 4, 7, 10 and 12-18 are amended. Claims 1-7 and 10-18 are being examined on the merits in this office action.
Remarks
Any rejections and/or objections made in the previous Office Action and not repeated below, are hereby withdrawn in view of Applicant’s amendments and/or arguments.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. References cited in the current Office action can be found in a prior Office action. Reference not previously cited can be found per the attached PTO-892 for this Office action.
A reply to the Applicant’s remarks/arguments is presented after addressing the claims.
Claim Rejections - 35 USC § 103
Claims 1-7 and 12-18 are rejected under 35 U.S.C. 103 as being unpatentable over Choi et al. (US 20180342757 A1, hereafter Choi) in view of Konishiike et al. (US 20160133941 A1, hereafter Konishiike).
Regarding claims 1 and 7, Choi teaches an electrochemical apparatus (“lithium secondary battery”, Abstract and [0126]), comprising:
a positive electrode plate, a negative electrode plate, and a separator disposed between the positive electrode plate and the negative electrode plate ([0127]),
wherein
the negative electrode plate comprises a negative electrode current collector and a composite (comprising, e.g., SiOx ([0133]) and artificial graphite ([0097])) negative electrode active substance layer disposed on the negative electrode current collector ([0133]), and the negative electrode active substance layer may comprise SiOx, where 0 < x < 2 ([0034]), reading on the claimed silicon-oxygen compound represented by SiOx. The composite negative electrode active substance layer further comprises a conductive agent (e.g., carbon black, [0199]) and a binder (e.g., CMC and SBR, [0199]), and a mass ratio of the negative electrode active substance, the conductive agent, and the binder in the composite negative electrode active substance layer is 95.8 : 1 : (1.7+1.5), which reads on the claimed 80-94.8 : 0.5-10 : 0.5-10.
Choi is silent as to the negative electrode plate further comprising a lithium plate calendered onto the composite negative electrode active substance layer. However, in the same field of endeavor, Konishiike discloses that a lithium plate (“a metallic lithium foil”, [0048]) can be bonded onto a negative electrode active substance layer (a so-called “insertion” process), which can bring about benefits/advantages, such as “when Li is consumed due to reaction with an electrolyte or the like, Li can be refilled, and potential raise of the anode can be inhibited in the final stage of discharge” (Abstract). Thus, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have incorporated the teachings of Konishiike into Choi such as a metallic lithium foil is bonded onto the composite negative electrode active substance layer of Choi, in order to achieve the benefits/advantages stated above. Note that the “calendered onto …” as claimed represents a process, but the patentability of a product does not depend on its method of production.
The following limitations represent characteristic or property of the electrochemical apparatus and a process of obtaining the said characteristic or property:
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Choi in view of Konishiike is silent as to the above characteristics or properties. However, since Choi in view of Konishiike teaches substantially the same electrochemical apparatus, as addressed above, the claimed characteristic or property is reasonably expected to be present. The applicant's product and that of the prior art are identical or substantially identical, the burden shifts to the applicant to overcome the rejection by providing evidence that the prior art product does not necessarily or inherently possess a relied-upon characteristic of the applicant' s claimed product. See In re Fitzgerald, 619 F.2d 67, 70, 205 USPQ 594, 596 (CCPA 1980); In re Best, 562 F.2d 1252, 1255, 195 USPQ 430, 433-34 (CCPA 1977). See MPEP § 2112.
Note that mere recognition of latent properties in the prior art does not render nonobvious an otherwise known invention. In re Wiseman, 596 F.2d 1019, 201 USPQ 658 (CCPA 1979). Prima facie obviousness is not rebutted by merely recognizing additional advantages or latent properties present but not recognized in the prior art. See MPEP § 2145.
Note also the following:
1) The characteristic or property as stated above results from an intended operation of the electrochemical apparatus comprising the negative electrode plate, however, “Expressions relating the apparatus to contents thereof during an intended operation are of no significance in determining patentability of the apparatus claim.” Ex parte Thibault, 164 USPQ 666, 667 (Bd. App. 1969).
2) Claims directed to apparatus must be distinguished from the prior art in terms of structure rather than function. In re Danly, 263 F.2d 844, 847, 120 USPQ 528, 531 (CCPA 1959). See also MPEP §2114. The manner of operating the device does not differentiate an apparatus claim from the prior art. A claim containing a “recitation with respect to the manner in which a claimed apparatus is intended to be employed does not differentiate the claimed apparatus from a prior art apparatus” if the prior art apparatus teaches all the structural limitations of the claim. Ex parte Masham, 2 USPQ2d 1647 (Bd. Pat. App. & Inter. 1987). In the instant case, Choi in view of Konishiike has already all the claimed structure limitations of the electrochemical apparatus.
The above statements, except those related to structural limitations of the electrochemical apparatus, apply similarly to claims 2-6 and 13-17 (See below).
Regarding claims 2-6, Choi in view of Konishiike teaches the electrochemical apparatus according to claim 1, and further, the claimed a, b, c and their relationships recited in these claims represent characteristics or properties of the electrochemical apparatus or the negative electrode plate, and are reasonably expected to be present. This is because Choi in view of Konishiike teaches substantially the same electrochemical apparatus, as addressed in the rejection of claim 1.
Regarding claims 12 and 18, Choi in view of Konishiike teaches an electronic apparatus (“lithium secondary battery”, Abstract and [0126], Choi) according to claim 1, wherein a negative electrode active substance in the composite negative electrode active substance layer further comprises, e.g., artificial graphite ([0097], Choi).
Regarding claims 13-17, Konishiike teaches the electrochemical apparatus according to claim 12, and further, the claimed a, b, c and their relationships recited in these claims represent characteristics or properties of the electrochemical apparatus or the negative electrode plate, and are reasonably expected to be present. This is because Choi in view of Konishiike teaches substantially the same electrochemical apparatus, as addressed in the rejection of claim 1.
Claims 10-11 are rejected under 35 U.S.C. 103 as being unpatentable over Choi in view of Konishiike, as applied to claim 1 above, and further in view of Kashiwagi et al. (US 20080102370 A1, hereafter Kashiwagi).
Regarding claims 10-11, Choi in view of Konishiike teaches the electrochemical apparatus according to claim 1, but is silent on a conductive layer as claimed.
In the same field of endeavor, however, Kashiwagi discloses that a conductive layer (“14” in Figs. and [0042]) is disposed between a current collector (“11”) and an active material layer (“12”) to improve adhesiveness ([0042]).
It would have been obvious to one of ordinary skill in the art to have incorporated the teachings of Kashiwagi into Choi in view of Konishiike such that a conductive layer is disposed between the negative electrode current collector and the composite negative electrode active substance layer of Choi in view of Konishiike in order to improve the adhesiveness between the said two. Kashiwagi further teaches the conductive layer may comprise a conductive agent, such as carbon black, and a binder ([0043], [0035]-[0036]).
Response to Arguments
Applicant's arguments filed April 8, 2026 have been fully considered but they are not persuasive.
Applicant's arguments are based on the claims as amended. The amended claims have been addressed in the new rejections above.
Correspondence
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHONGQING WEI whose telephone number is (571)272-4809. The examiner can normally be reached Mon - Fri 9:30 - 6:00.
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/ZHONGQING WEI/Primary Examiner, Art Unit 1727
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