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 . 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.
Claim Rejections - 35 USC § 102
The following is a quotation of the appropriate paragraphs of 35 U.S.C. § 102 that form 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.
(a)(2) the claimed invention was described in a patent issued under section 151, or in an application for patent published or deemed published under section 122(b), in which the patent or application, as the case may be, names another inventor and was effectively filed before the effective filing date of the claimed invention.
Claims 1-6, 8, 10, 11, 13, and 14 are rejected under 35 U.S.C. § 102(a)(1) & (a)(2) as being anticipated by Hwang et al. (US 2017/0047584 A1), hereinafter “Hwang.”
Regarding claim 1, Hwang discloses a negative electrode preparation method comprising:
mixing a first negative active material, in this case graphite (¶ [0110]), a second negative active material, in this case the negative electrode active material is a silicon-carbon composite (¶ [0110]) made of silicon oxide primary particles coated with a graphene shell (¶ [0013] & [0093]), a conductive agent (¶ [0109]), a binder (¶ [0109]), and a solvent (¶ [0109]) to obtain a negative electrode slurry and coating the negative electrode slurry on the surface of the current collector to obtain the negative electrode, in this case preparing an electrode by coating the collector with the slurry (¶ [0071]);
wherein the first negative active material comprises graphite, in this case the negative electrode active material may also include graphite (¶ [0110]), and the second negative active material comprises a graphene-coated silicon oxygen material, in this case the negative electrode active material is a silicon-carbon composite (¶ [0110]) made of silicon oxide primary particles coated with a graphene shell (¶ [0013] & [0093]), and the chemical formula of the silicon-oxygen material is SiOx where 0 < x < 2, in this case SiOx where 0 < x ≤ 2 (¶ [0042]);
a preparation method of the graphene-coated silicon-oxygen material comprises subjecting a silicon-oxygen material and a solvent to a primary mixing, preparing a first mixed solution including the silicon oxide particles (¶ [0074] & [0109]), then adding graphene slurry and performing a second mixing, in this case graphene oxide is dispersed into the first mixed solution to prepare a second mixed solution (¶ [0075]), and then performing spray-drying to obtain the graphene-coated silicon-oxygen material, in this case spray drying the second mixed solution to prepare a composite including a core and the first shell layer (¶ [0076]).
Regarding claim 2, Hwang further discloses that a mass proportion of the graphene in the graphene-coated silicon-oxygen material is 1-3%, in this case the graphene oxide component may be 2 wt% (¶ [0148]).
Regarding claim 3, Hwang further discloses that a mass proportion of the graphene in the graphene-coated silicon-oxygen material is 1-3%, in this case the graphene oxide component may be 2 wt% (¶ [0148]).
Regarding claim 4, Hwang further discloses that the graphite comprises natural graphite and/or artificial graphite (¶ [0113]).
Regarding claim 5, Hwang further discloses that the conductive agent is selected from carbon black, ketjen black, and acetylene black (¶ [0113]).
Regarding claim 6, Hwang further discloses that the binder is selected from polyacrylonitrile and styrene-butadiene rubber (¶ [0112]).
Regarding claim 8, Hwang further discloses that the current collector comprises copper foil (¶ [0166]).
Regarding claim 10, Hwang further discloses that the mixing comprises stirring and/or ultrasonication (¶ [0088]).
Regarding claim 11, Hwang further discloses that the secondary mixing comprises stirring (¶ [0088]).
Regarding claim 13, Hwang discloses a negative electrode (¶ [0107]) comprising:
a current collector (¶ [0109]); and
a negative electrode active layer comprising a first negative active material, in this case graphite (¶ [0110]), a second negative active material, in this case the negative electrode active material is a silicon-carbon composite (¶ [0110]) made of silicon oxide primary particles coated with a graphene shell (¶ [0013] & [0093]), a conductive agent (¶ [0109]), and a binder (¶ [0109]);
wherein the first negative active material comprises graphite, in this case the negative electrode active material may also include graphite (¶ [0110]), and the second negative active material comprises a graphene-coated silicon oxygen material, in this case the negative electrode active material is a silicon-carbon composite (¶ [0110]) made of silicon oxide primary particles coated with a graphene shell (¶ [0013] & [0093]), and the chemical formula of the silicon-oxygen material is SiOx where 0 < x < 2, in this case SiOx where 0 < x ≤ 2 (¶ [0042]).
The limitation “prepared by the preparation method of a negative electrode according to claim 1” is a product-by-process limitation. Applicant is reminded that the “determination of patentability is based on the product itself. The patentability of a product does not depend on its method of production. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (citations omitted).” M.P.E.P. § 2113 I. Here, Hwang discloses all of the positively-recited structural limitations of the claim, thus rendering it anticipated.
Regarding claim 14, Hwang further discloses a lithium ion battery comprising the negative electrode of claim 13, in this case a lithium secondary battery (¶ [0107]).
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.
Claim 7 is rejected under 35 U.S.C. § 103 as being unpatentable over Hwang as applied to claim 6, above, and further in view of Feng et al. (US 2021/0351405 A1), hereinafter “Feng.”
Regarding claim 7, Hwang discloses that the binder is selected from carboxymethyl cellulose, polyacrylonitrile, and styrene-butadiene rubber (¶ [0112]), but does not specify sodium carboxymethyl cellulose or that the binder materials may be used in combination. However, Feng teaches a negative electrode binder that may include a combination of sodium carboxymethyl cellulose, polyacrylonitrile, and styrene-butadiene rubber (¶ [0014]). One having ordinary skill in the art would have understood that substituting the binders taught by Feng for those listed by Hwang would have yielded the predictable result of a functional negative electrode. See M.P.E.P. § 2143 I. B. Therefore, it would have been obvious to have substituted the binders taught by Feng for those of Hwang in order to yield the predictable result of a functioning negative electrode.
Claims 9 and 12 are rejected under 35 U.S.C. § 103 as being unpatentable over Hwang as applied to claim 1, above, and further in view of Chung et al. (US 2014/0038048 A1), hereinafter “Chung.”
Regarding claim 9, Hwang is silent as to the weight ratio of silicon-oxygen material to solvent. However, Chung teaches a method of preparing a negative electrode slurry with an SiOx to solvent ratio of 1:13.1 (¶ [0139] & [0146]). Specifically, 16 g of SiOx are added with other solids to NMP solvent (¶ [0146]) such that the solids content is 0.45 (¶ [0139]), which results in the mass ratio of a:13.1 (see table, below). One having ordinary skill in the art would have understood that providing the SiOx and solvent in this mass ratio would have yielded the predictable result of an electrode slurry effective for forming a negative electrode. Therefore, it would have been obvious to have provided the SiOx and solvent at a mass ratio of 1:(10-20) in order to form a negative electrode.
Material
Mass (g)
SiOx
16
graphite
64
SBR
5
CMC
5
denka black
10
Solids
100
Total Mass (Solids mass ÷ 0.45)
222.2
Solvent Mass (Total Mass - Solids Mass)
122.2
SiO Ratio (SiOx mass ÷ Solvent mass)
13.1
Regarding claim 12, Hwang further discloses
mixing a first negative active material, in this case graphite (¶ [0110]), a second negative active material, in this case the negative electrode active material is a silicon-carbon composite (¶ [0110]) made of silicon oxide primary particles coated with a graphene shell (¶ [0013] & [0093]), a conductive agent (¶ [0109]), a binder (¶ [0109]), and a solvent (¶ [0109]) to obtain a negative electrode slurry and coating the negative electrode slurry on the surface of the current collector to obtain the negative electrode, in this case preparing an electrode by coating the collector with the slurry (¶ [0071]);
wherein the first negative active material comprises graphite, in this case the negative electrode active material may also include graphite (¶ [0110]), and the second negative active material comprises a graphene-coated silicon oxygen material, in this case the negative electrode active material is a silicon-carbon composite (¶ [0110]) made of silicon oxide primary particles coated with a graphene shell (¶ [0013] & [0093]), and the chemical formula of the silicon-oxygen material is SiOx where 0 < x < 2, in this case SiOx where 0 < x ≤ 2 (¶ [0042]); and
a preparation method of the graphene-coated silicon-oxygen material comprises subjecting a silicon-oxygen material and a solvent to stirring and ultrasonication (¶ [0088]) preparing a first mixed solution including the silicon oxide particles (¶ [0074] & [0109]), then adding graphene slurry and performing a second mixing, in this case graphene oxide is dispersed into the first mixed solution to prepare a second mixed solution (¶ [0075]), and then performing spray-drying to obtain the graphene-coated silicon-oxygen material, in this case spray drying the second mixed solution to prepare a composite including a core and the first shell layer (¶ [0076]).
Hwang is silent as to the weight ratio of silicon-oxygen material to solvent. However, Chung teaches a method of preparing a negative electrode slurry with an SiOx to solvent ratio of 1:13.1 (¶ [0139] & [0146]). Specifically, 16 g of SiOx are added with other solids to NMP solvent (¶ [0146]) such that the solids content is 0.45 (¶ [0139]), which results in the mass ratio of a:13.1 (see table, above). One having ordinary skill in the art would have understood that providing the SiOx and solvent in this mass ratio would have yielded the predictable result of an electrode slurry effective for forming a negative electrode. Therefore, it would have been obvious to have provided the SiOx and solvent at a mass ratio of 1:(10-20) in order to form a negative electrode.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to SCOTT J CHMIELECKI whose telephone number is (571)272-7641. The examiner can normally be reached M-F 9 am to 5 pm.
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, Ula Ruddock can be reached at (571) 272-1481. 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.
/SCOTT J. CHMIELECKI/Primary Examiner, Art Unit 1729