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 .
Response to Amendment
In response to the amendment received on 05/01/2026:
Claims 1-5 are pending in the current application. Claim 1 has been amended. Claim 5 is newly added.
The previous prior art-based rejection have been withdrawn in light of the amendment to the claims.
Response to Arguments
Applicant’s arguments with respect to the claims have been considered but are moot due to the amendment to the claims.
Claim Interpretation
Claims 1-3 and 5 state “content rate”.
Applicant’s specification states “A content rate of the silicon-based material in the negative electrode active material is preferably greater than or equal to 3 mass% relative to a mass of the negative electrode active material from the viewpoints of increasing the battery capacity, inhibiting deterioration in the charge-discharge cycle characteristic, and the like” (P31), and “A content rate of the conductive agent in the negative electrode mixture layer 42 is, for example, greater than or equal to 0.05mass% and less than or equal to 1.5 mass%. Here, the content rate of the conductive agent is a percentage of a mass of the conductive agent relative to the mass of the negative electrode active material” (P35).
Therefore, the content rate of the silicon-based material is interpreted as a percentage of a mass of the silicon-based material relative to the mass of the negative electrode active material, and the content rate of the conductive agent is being interpreted as a percentage of a mass of the conductive agent relative to the mass of the negative electrode active material.
Claim Rejections - 35 USC § 112
The following is a quotation of 35 U.S.C. 112(b):
(b) CONCLUSION.—The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention.
The following is a quotation of 35 U.S.C. 112 (pre-AIA ), second paragraph:
The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.
Claim 5 is rejected under 35 U.S.C. 112(b) or 35 U.S.C. 112 (pre-AIA ), second paragraph, as being indefinite for failing to particularly point out and distinctly claim the subject matter which the inventor or a joint inventor (or for applications subject to pre-AIA 35 U.S.C. 112, the applicant), regards as the invention.
Regarding claim 5, the claim recites “the content rate of the conductive agent”. However, claim 5 depends upon claim 1 which recites “a content rate of the conductive agent” in regards to the outer end of winding, the inner end of winding, and the negative electrode mixture layer’s region.
Therefore, it is unclear which “content rate” is being referred to.
In order to advance prosecution, the Examiner is interpreting the claim to recite “wherein the content rate of the conductive agent in the region gradually increases linearly at a constant rate toward the outer end of the winding in accordance with the position in the direction in which the negative electrode mixture layer is wound”.
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.
Claim 1 is rejected under 35 U.S.C. 102(a)(1) as being anticipated by Kim et al (US 20100104930 A1).
Regarding claim 1, Kim discloses a non-aqueous electrolyte secondary battery (prismatic battery 50 in Fig. 1), comprising: an electrode assembly (electrode assembly 10 in Fig. 1) in which a band-shaped positive electrode (cathode) and a band-shaped negative electrode (anode) are wound with a separator interposed therebetween; an electrolyte liquid (electrolyte); and an exterior housing the electrode assembly and the electrolyte liquid (prismatic metal case 20 in Fig. 1; see entire disclosure and especially the Abstract and P22-23, 32-34),
wherein the negative electrode has: a negative electrode current collector (metal sheet 120 in Fig. 3; see entire disclosure and especially P36, 39); and a negative electrode mixture layer formed on a surface of the negative electrode current collector (active material layer 110 in Fig. 3, P36, 39; “each electrode has active material layers formed on opposite major surfaces of a sheet-type current collector”, Abstract) and including a negative electrode active material and a conductive agent (“An anode mixture slurry was prepared by adding 94 weight percent of artificial graphite as an anode active material, 1.5 weight percent of Super-P as a conducting agent, and 4.5 weight percent of PVdf as a binder to NMP as a solvent”, P42), and
in the negative electrode mixture layer, a content rate of the conductive agent in an outer end of winding is higher than a content rate of the conductive agent in an inner end of winding, wherein the outer end of the winding is an outer end in a direction in which the negative electrode mixture layer is wound, and wherein the inner end of the winding is an inner end in the direction in which the negative electrode mixture layer is wound, and the negative electrode mixture layer has a region where a content rate of the conductive agent gradually increases toward the outer end of the winding in accordance with the position in the direction in which the negative electrode mixture layer is wound (Kim discloses “In a preferred embodiment, the inner and outer active material layers have the same density, and the difference of the loading amount of the active material between the inner and outer active material layers is based on the difference in thickness between the inner and outer active material layers”, P19, therefore, the reason the loading amount of active material for the active material layer 110 gradually increases from a central region A of the wound sheet to an outermost region B of the wound sheet is due to the fact that the thickness of the active material layer 110 at the outermost region B is greater than the thickness of the active material layer 110 at the central region A; therefore, following this, given the thickness of the active material layer 110 at the outermost region B is greater than the thickness of the active material layer 110 at the central region A, there would also be a greater amount of the conducting agent at the outermost region B; given the thickness of the active material layer 110 gradually increases from central region A to outermost region B, the content rate of the conductive agent would also gradually increase in this way; the “region” of the negative electrode mixture layer (active material layer 110) of Kim can be drawn to any section of the negative electrode mixture layer (active material layer 110) or the entirety of the negative electrode mixture layer (active material layer 110), given this gradual increase; see entire disclosure and especially P19, 37, 39).
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 2-3 are rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 20100104930 A1) as applied to claim 1, further in view of Kwon et al (US 20210376323 A1).
Regarding claims 2-3, Kim does not disclose wherein the content rate of the conductive agent in the outer end of winding is greater than or equal to 0.1 mass% and less than or equal to 3 mass% relative to a mass of the negative electrode active material (claim 2) or wherein the conductive agent includes a fibrous carbon (claim 3, the conductive agent of Kim is Super-P).
In a similar field of endeavor, Kwon teaches a negative electrode active material for a lithium secondary battery (P20). Kwon teaches the negative electrode active material includes: an active material core particles, a conductive material provided on a surface of the active material core, an organic linker that connects the active material core and the conductive material, and an elastomer that covers at least a part of the active material core and the conductive material (P28). Kwon teaches this allows the conductive material to be able to stably provide electrical conductivity even when the volume of the negative electrode active material changes (P30).
Kwon teaches the conductive material can be carbon fiber (P36). Kwon teaches the conductive material being a linear conductive material allows a conductive network to stably be formed, thereby improving the electrical connection between active materials (P38). Kwon further teaches the conductive material may be present in the negative electrode active material in a preferred amount of 0.1 parts by weight to 3 parts by weight relative to 100 parts by weight of the active material core particles (P39). Kwon teaches it is preferred that the content of the conductive material is in the above-described range because, within this range, it is possible to sufficiently form an electrical network of the active material while preventing the initial efficiency and capacity of the active material from being lowered due to an excessive addition of a conductive material (P39).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Kwon and substituted the negative electrode mixture layer contents of Kim with the negative electrode active material layer contents of Kwon, given Kwon teaches this forms a negative electrode active material including a stable electrical network in the active material while preventing the initial efficiency and capacity of the active material from being lowered due to an excessive addition of a conductive material, and the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) (see MPEP § 2143, B.).
Regarding the limitation “wherein the content rate of the conductive agent in the outer end of winding is greater than or equal to 0.1 mass% and less than or equal to 3 mass% relative to a mass of the negative electrode active material”:
The amount of conductive agent in the whole of the negative electrode mixture layer of modified Kim (from Kwon’s teaching) is 0.1 parts by weight to 3 parts by weight relative to 100 parts by weight of the active material core particles (which can be written as: 0.1 mass% and less than or equal to 3 mass% relative to a mass of the negative electrode active material); therefore, the content rate of the conductive agent in the outer end of winding of modified Kim would fall within this range and meet the claimed limitation.
Regarding the limitation “wherein the conductive agent includes a fibrous carbon”:
The conductive agent of modified Kim (from Kwon’s teaching) is carbon fiber; therefore, the conductive agent of modified Kim meets the claimed limitation.
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 20100104930 A1) as applied to claim 1, further in view of Amiruddin et al (US 20150050535 A1).
Regarding claim 4, Kim does not disclose wherein the negative electrode active material includes a carbon-based material and a silicon-based material (negative electrode active material is artificial graphite), and a content rate of the silicon-based material in the negative electrode active material is greater than or equal to 3 mass% relative to a mass of the negative electrode active material.
In a similar field of endeavor, Amiruddin teaches it can be desirable to combine silicon based active material with a significant amount of graphitic carbon active material (P64). Amiruddin teaches it has been found that a combination of these two negative electrode active materials can stabilize the cycling to a desirable degree, such as for consumer electronics applications, with only a modest decrease in the capacity (P64).
Amiruddin teaches to achieve desired cycling stabilization with modest decrease in capacity, the combined negative electrode active material generally comprises from about 5 wt % to about 70 wt % graphitic carbon relative to the total active material, with the remaining portion of the active material being a silicon based active material or a combination thereof (P66).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have utilized the teaching of Amiruddin and substituted the artificial graphite negative electrode active material of Kim with the negative electrode active material including a carbon-based material and a silicon-based material of Amiruddin, wherein the amount of graphite mixed with the silicon in the negative electrode active material is from about 5 wt % to about 70 wt % relative to the total active material, given Amiruddin teaches it can be desirable to combine silicon based active material with a significant amount of graphitic carbon active material to stabilize the cycling to a desirable degree, their range of graphitic carbon leads to achieving desired cycling stabilization with modest decrease in capacity, and the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. 398, 415-421, 82 USPQ2d 1385, 1395-97 (2007) (see MPEP § 2143, B.).
Regarding the limitation “wherein a content rate of the silicon-based material in the negative electrode active material is greater than or equal to 3 mass% relative to a mass of the negative electrode active material”:
If the content of the active material includes 5 to 70 wt % of graphite, then the content of the active material includes 30 to 95 wt % of silicon. Therefore, the content rate of the silicon-based material in the negative electrode active material is 30 to 95 mass% relative to a mass of the negative electrode active material, which lies within the claimed range of greater than or equal to 3 mass% relative to a mass of the negative electrode active material.
Claim 5 is rejected under 35 U.S.C. 103 as being unpatentable over Kim et al (US 20100104930 A1) as applied to claim 1.
Regarding claim 5, Kim discloses wherein the region in the negative electrode mixture layer extends across the negative electrode mixture layer in the direction in which the negative electrode mixture layer is wound (as the “region” of the negative electrode mixture layer (active material layer 110) of Kim can be drawn to any section of the negative electrode mixture layer (active material layer 110) or the entirety of the negative electrode mixture layer (active material layer 110), given its gradual increase (see the rejection of claim 1) and the “region” can extend from central region A to outermost region B in Fig. 3).
In Fig. 3, it appears the entire thickness of the negative electrode mixture layer (active material layer 110) of Kim gradually increases linearly at a constant rate toward the outer end (outermost region B) of the winding in accordance with the position in the direction in which the negative electrode mixture layer is wound, therefore, it can be said that the content rate of the conductive agent in the region (see the interpretation provided in the 112 rejection above) gradually increases linearly at a constant rate toward the outer end of the winding in accordance with the position in the direction in which the negative electrode mixture layer is wound.
Alternatively, if Applicant disagrees with the interpretation that Kim discloses the gradual increase linearly at a constant rate, it would have been obvious to change the form/shape of the negative electrode mixture layer (active material layer 110) of Kim such that the content rate of the conductive agent in the region gradually increases linearly at a constant rate toward the outer end of the winding in accordance with the position in the direction in which the negative electrode mixture layer is wound in order to, for example, allow for easier manufacturing by allowing for a thickness change at a constant tapering level or allow for predictable mechanical changes in the negative electrode by applying known continuous and uniform changes to the physical structure of the negative electrode, because the change in form or shape, without any new or unexpected results, is an obvious engineering design. See In re Dailey, 149 USPQ 47 (CCPA 1976) (see MPEP § 2144.04).
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.
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/M.G.H./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729
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