DETAILED ACTION
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
The foreign priority document No.10-2022-0076784 filed on June 23, 2022 in the Republic of Korea has been received and it is acknowledged.
Election/Restrictions
Applicant’s election without traverse of Group I in the reply filed on May 26, 2026 is acknowledged.
Therefore, claims 1-19 are pending, with claim 19 withdrawn from consideration as being directed to a non-elected invention.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraph of 35 U.S.C. 102 that forms the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
Claims 1-4, 6, 8, 9, 11, 12, and 15-17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (US 2015/0125747).
With regard to claims 1, 2, 4, and 11, Yang et al. teach an anode active material slurry comprising:
-a mixture of SiO:C and natural graphite as anode active material;
-carbon nanotubes as a conductive material; and
-a mixture of polyacrylic acid (weight average molecular weight 450,000) and styrene-butadiene rubber as binders, wherein the styrene-butadiene rubber and polyacrylic acid are present in a ratio of 7:3 (Example 1-1 in par.0089).
SiO:C is the “silicon-containing active material” in claim 1.
Polyacrylic acid is a “first binder having a Young’s modulus of 1 x 103 MPa or more” in claim 1 (see pages 33-35 of the specification of the instant application), and it meets the limitations for the first binder in claim 4.
The weight average molecular weight of the polyacrylic acid is within the range in claim 11.
Styrene-butadiene rubber is “a second binder having a train value of 15% or more” in claim 1 (see pages 36-37 of the specification of the instant application), and it meets the limitations for the second binder in claim 4.
The styrene-butadiene rubber and polyacrylic acid in Example 1-1 have X=70 parts by weight per 100 parts by weight of the binder, and Y=30 parts by weight per 100 parts by weight of the binder.
The value of X/Y=2.33, which is within the ranges in claim 1.
The values of X and Y are within the ranges in claim 2.
Therefore, the anode active material slurry in Example 1-1 of Yang et al. anticipates the composition in claims 1, 2, 4, and 11 of the instant application.
With regard to claim 3, the anode active material slurry in Example 1-1 of Yang et al. comprises the mixture of polyacrylic acid and styrene-butadiene rubber in an amount of 7 parts by weight based on 100 parts by weight of the anode slurry (par.0089). This amount is within the claimed range.
With regard to claim 6, SiO:C comprises a compound of formula SiOx, wherein x=1.
With regard to claim 8, the anode active material slurry in Example 1-1 of Yang et al. comprises the conductive material in an amount of 3 parts by weight based on 100 parts by weight of the anode slurry (par.0089). This amount is within the claimed range.
With regard to claim 9, the anode active material slurry in Example 1-1 of Yang et al. comprises carbon nanotubes as conductive material (par.0089). Carbon nanotubes represent a linear conductive material, as evidenced in claim 3 of Kwon et al. (US 2021/0367231).
With regard to claim 12, Yang et al. teach that an anode is made by coating the anode active material slurry on a Cu foil (par.0095). The Cu foil is equivalent to the claimed “negative electrode current collector layer”.
With regard to claim 15, Yang et al. teach a cell comprising the anode, a cathode, and a porous polyethylene membrane (separator) (par.0096). The cell further comprises a non-aqueous electrolyte (par.0087).
The cell is based on the intercalation and deintercalation of lithium (par.0042), so the cell is a lithium secondary battery.
With regard to claim 16, Yang et al. teach that polyacrylic acid with a weight average molecular weight of 450,000 is included in the anode active material slurry (par.0089). Polyacrylic acid is taught as a “first binder” on pages 33-35 of the specification of the instant application, and the weight average molecular weight is within the range of the weight average molecular weight of the first binder (see page 35 of the specification).
The specification teaches that the first binder has the Young’s modulus between 3 x 103 MPa and 19 x 103 MPa (see page 33 of the specification).
Absent a record to the contrary, it is the examiner’s position that the polyacrylic acid with a weight average molecular weight of 450,000 of Yang et al. has the Young’s modulus between 3 x 103 MPa and 19 x 103 MPa.
"[T]he discovery of a previously unappreciated property of a prior art composition, or of a scientific explanation for the prior art’s functioning, does not render the old composition patentably new to the discoverer." Atlas Powder Co. v. IRECO Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1947 (Fed. Cir. 1999). (MPEP 2112.I. SOMETHING WHICH IS OLD DOES NOT BECOME PATENTABLE UPON THE DISCOVERY OF A NEW PROPERTY)
The range of 3 x 103 MPa to 19 x 103 MPa includes the claimed range.
With regard to claim 17, Yang et al. teach that styrene-butadiene rubbers is included in the anode active material slurry (par.0089). Styrene-butadiene rubber is taught as a “second binder” on pages 36-37 of the specification of the instant application.
The specification teaches that the second binder has a strain value of 13-200% (see page 36 of the specification).
Absent a record to the contrary, it is the examiner’s position that the styrene -butadiene rubber of Yang et al. has a strain value of 13-200% (MPEP 2112.I. SOMETHING WHICH IS OLD DOES NOT BECOME PATENTABLE UPON THE DISCOVERY OF A NEW PROPERTY).
The range of 13-200% includes the claimed range.
Claims 1-3, 6, 8, 9, 12, 13, 15, and 17 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Yang et al. (US 2015/0037673).
With regard to claims 1 and 2, Yang et al. teach an anode active material slurry comprising:
-a mixture of SiO:C and natural graphite as anode active material;
-carbon nanotubes as a conductive material; and
-a mixture of potassium polyacrylate and styrene-butadiene rubber as binders, wherein the styrene-butadiene rubber and potassium polyacrylate are present in a ratio of 7:3 (Example 1 in par.0076).
SiO:C of Yang et al. is the “silicon-containing active material” in claim 1.
Potassium polyacrylate is a “first binder having a Young’s modulus of 1 x 103 MPa or more” in claim 1 (see pages 33-35 of the specification of the instant application). The examiner would like to note that the substitution of hydrogens in polyacrylic acid with ions is allowed (see page 35 of the specification of the instant application).
Styrene-butadiene rubber is “a second binder having a train value of 15% or more” in claim 1 (see pages 36-37 of the specification of the instant application).
The styrene-butadiene rubber and potassium polyacrylate in Example 1 have X=70 parts by weight per 100 parts by weight of the binder, and Y=30 parts by weight per 100 parts by weight of the binder.
The value of X/Y=2.33, which is within the ranges in claim 1.
The values of X and Y are within the ranges in claim 2.
Therefore, the anode active material slurry in Example 1 of Yang et al. anticipates the composition in claims 1 and 2 of the instant application.
With regard to claim 3, the anode active material slurry in Example 1 of Yang et al. comprises the mixture of potassium polyacrylate and styrene-butadiene rubber in an amount of 7 parts by weight based on 100 parts by weight of the anode slurry (par.0076). This amount is within the claimed range.
With regard to claim 6, SiO:C comprises a compound of formula SiOx, wherein x=1.
With regard to claim 8, the anode active material slurry in Example 1 of Yang et al. comprises the conductive material in an amount of 3 parts by weight based on 100 parts by weight of the anode slurry (par.0076). This amount is within the claimed range.
With regard to claim 9, the anode active material slurry in Example 1 of Yang et al. comprises carbon nanotubes as conductive material (par.0076). Carbon nanotubes represent a linear conductive material, as evidenced in claim 3 of Kwon et al. (US 2021/0367231).
With regard to claim 12, Yang et al. teach that an anode is made by coating the anode active material slurry on a Cu foil (par.0077). The Cu foil is equivalent to the claimed “negative electrode current collector layer”.
With regard to claim 13, Yang et al. teach that the peeling force of the anode of Example 1 is 141.5gF (Table 1 in par.0084). This value is within the claimed range.
With regard to claim 15, Yang et al. teach a cell comprising the anode, a cathode, and a porous polyethylene membrane (separator) (par.0081). The cell further comprises a non-aqueous electrolyte (par.0073).
The cell is based on the intercalation and deintercalation of lithium (par.0031), so the cell is a lithium secondary battery.
With regard to claim 17, Yang et al. teach that styrene-butadiene rubbers is included in the anode active material slurry (par.0076). Styrene-butadiene rubber is taught as a “second binder” on pages 36-37 of the specification of the instant application.
The specification teaches that the second binder has a strain value of 13-200% (see page 36 of the specification).
Absent a record to the contrary, it is the examiner’s position that the styrene -butadiene rubber of Yang et al. has a strain value of 13-200% (MPEP 2112.I. SOMETHING WHICH IS OLD DOES NOT BECOME PATENTABLE UPON THE DISCOVERY OF A NEW PROPERTY).
The range of 13-200% includes the claimed range.
Claim Rejections - 35 USC § 103
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.
Claims 5 and 7 are rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 2015/0125747) in view of Mizuguchi et al. (JP 2004-200011 A, with attached machine translation).
With regard to claims 5 and 7, Yang et al. teach the composition of claim 1 (see paragraph 5 above), but the anode active material slurry in Example 1-1 of Yang et al. does not meet the limitations of claims 5 and 7.
However, Yang et al. teach that the anode active material may be a metal component, such as Si (par.0020-0021).
Mizuguchi et al. teach a negative electrode for a lithium-ion secondary battery which comprises a negative electrode active material layer and a negative current collector (claim 1) The negative electrode active material layer comprises inorganic particles, such as Si particles (claims 1 and 18, par.0041).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to use Si particles as the anode active material in the anode active material slurry in Example 1-1 of Yang et al.
The anode active material slurry in Example 1-1 of Yang modified by Mizuguchi comprises Si particles in amount of 90 parts by weight based on 100 parts of the slurry. This amount is within the range in claim 5.
In the anode active material slurry in Example 1-1 of Yang modified by Mizuguchi Si particles represent 100 parts by weight of the silicon-containing active material, and this value is within the range in claim 7.
Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 2015/0125747) in view of Shi et al. (CN 105470517A, with attached machine translation).
With regard to claim 10, Yang et al. teach the composition of claim 9 (see paragraph 5 above), but fail to teach the claimed amounts of conductive materials.
Shi et al. teach an electrode which may comprise a conductive agent including single walled carbon nanotubes and graphene in a mass ratio of (0.1-10):1 (abstract, par.0017). Single walled carbon nanotubes and graphene have a synergistic effect (par.0020).
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to use a mixture of single walled carbon nanotubes and graphene in a mass ratio of (0.1-10):1 as the conductive material in the anode active material slurry of Yang et al., in order to take advantage of the synergistic effect of the single walled carbon nanotubes and graphene.
A mixture of single walled carbon nanotubes and graphene in a mass ratio of 0.1:1 is a mixture comprising about 9 parts by weight of single walled carbon nanotubes and about 91 parts by weight of graphene.
Carbon nanotubes represent a linear conductive material and graphene represents a planar conductive material, as evidenced in claim 3 of Kwon et al. (US 2021/0367231).
Claim 14 is rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 2015/0125747) in view of Kim et al. (US 2022/0013784).
With regard to claim 14, Yang et al. teach the negative electrode of claim 12 (see paragraph 5 above), but fail to teach the thickness of the negative electrode current collector and the thickness of the negative active material layer.
Kim et al. teach a negative electrode including a negative electrode current collector and a negative electrode active material layer (abstract). The negative electrode active material layer comprises a silicon-based active material, a mixture of binders, and a conductive agent (par.0097). The negative electrode current collector has a thickness of 8 mm, and the negative electrode active material layer has a thickness of 24 mm (par.0098).
It would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to obtain the anode of Yang et al. wherein the Cu foil has a thickness of 8 mm and the anode active material layer has a thickness of 24 mm.
These values are within the claimed ranges.
Claim 18 is rejected under 35 U.S.C. 103 as being unpatentable over Yang et al. (US 2015/0125747).
With regard to claim 18, Yang et al. teach the composition of claim 1 (see paragraph 5 above), but the ratio X/Y is not within the claimed range.
However, Yang et al. teach that the thermal crosslinkable polymer binder and the water-based binder may be used in the ratio of 4:6 (par.0015). The thermally crosslinkable polymer is the polyacrylic acid, and the styrene-butadiene rubber is a water-based binder (par.0089).
Therefore, it would have been obvious to one of ordinary skill in the art before the filing date of the claimed invention to obtain an active material slurry for an anode pf Yang et al., wherein the slurry comprises polyacrylic acid and styrene-butadiene rubber in a weight ratio of 6:4.
In this case X=60 parts by weight per 100 parts by weight of the binder, and Y=40 parts by weight per 100 parts by weight of the binder.
The value of X/Y=1.5, which is within the ranges in claim 18.
Conclusion
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/ANCA EOFF/Primary Examiner, Art Unit 1722
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