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 .
Priority
Receipt is acknowledged of certified copies of papers required by 35 USC 119(a)-(d) or (f).
Information Disclosure Statement
Information Disclosure Statements (IDS) submitted October 31, 2023, June 12, 2025, and January 6, 2026 have been received and considered by the examiner.
Specification
The lengthy specification has not been checked to the extent necessary to determine the presence of all possible minor errors. Applicant’s cooperation is requested in correcting any errors of which applicant may become aware in the specification.
Claim Interpretation
All “wherein” clauses are given patentable weight unless otherwise noted. Please see MPEP 2111.04 regarding optional claim language.
Claim Rejections - 35 USC § 103
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.
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.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claims 12-14, 17, and 20 are rejected under 35 U.S.C. 103 as being unpatentable over Kamo et al. US-20190051897-A1 (hereinafter “Kamo”).
Regarding Claim 12, Kamo discloses a negative electrode 10 in Fig. 1 (see abstract and paragraphs [0038] and [0060]) comprising:
a negative electrode current collector 11 with a roughened surface in Fig. 1 (see paragraphs [0060] and [0063]); and
a negative electrode active material layer 12 provided on the negative electrode current collector 11 in Fig. 1 (see paragraphs [0038] and [0060]),
wherein the negative electrode active material layer 12 includes:
negative electrode active material particles containing a compound of lithium, silicon, and oxygen (see paragraphs [0012], [0025], [0044], and [0092]); and
inserting a polyphenylene compound or polycyclic compound (functioning as a composite compound) into the active material via an oxidation-reduction method (see comparison of methods below) (see paragraphs [0097]-[0098] and [0137]-[0141]). This process is the same as the process used in the instant application (see paragraphs [0164] and [0227] of the instant application) (see comparison of methods below). As such, using the oxidation-reduction method of Kamo would result in a composite compound filled in interparticle gaps and a surface layer of the negative electrode active material particles, the composite compound at least containing chemically bonded carbon and oxygen atoms, and the composite compound not being alloyed with the negative electrode active material particles.
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Figure 1. Process of Kamo
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Figure 2. Process of Instant Application
Kamo further discloses the silicon compound in the negative electrode active material is preferably SiOx, 0.5≤x≤1.6 and specifically discloses the x is 1 in example 1-2 (see paragraphs [0012], [0067], [0150], and [0156]-[0157] and Table 1). This would result in a ratio O/Si of 1, which falls within and therefore anticipates the claimed ratio O/Si of the oxygen to the silicon constituting the negative electrode active material particles being in a range of 0.8 or more and 1.2 or less. Kamo additionally discloses high cycle characteristics can be obtained when x is close to 1 (see paragraph [0067]), so a skilled artisan would be motivated to make the O/Si ratio close to 1.
Regarding Claim 13, Kamo discloses the negative electrode according to Claim 12 (see rejection of Claim 12 above). Kamo further discloses wherein the composite compound is a ring-opening decomposition product of a composite of an ether-based solvent and a polyphenylene compound or a polycyclic aromatic compound (see paragraphs [0098] and [0103]).
Regarding Claim 14, Kamo discloses the negative electrode according to Claim 12 (see rejection of Claim 12 above). Kamo further discloses the composite compound contains lithium at least as part thereof (see paragraphs [0098] and [0103]).
Regarding Claim 17, Kamo discloses the negative electrode according to Claim 12 (see rejection of Claim 12 above). Since Kamo uses the same composite compound as the instant application (biphenyl) (see paragraph [0138]) (see paragraph [0227] of published instant application), the composite compound would have a plurality of bonding states with different C1s bonding energies as analyzed by photoelectron spectroscopy.
Regarding Claim 20, Kamo discloses the negative electrode according to Claim 12 (see rejection of Claim 12 above). Kamo further discloses measuring the size of crystallites corresponding to the crystal plane Si (111) via X-ray diffraction and obtaining a crystallite size of 7.5 nm or less, with a specific example (Ex. 6-9) having a crystallite size of 0 (see paragraphs [0022], [0080], [0150]-[051], and [0168]-[0169] and Table 6). This falls within and therefore anticipates the claimed range of a size of crystallites corresponding to the crystal plane being 1.0 nm or less.
Claims 15 and 18 are rejected under 35 U.S.C. 103 as being unpatentable over Kamo, as applied to Claim 12 above, and further in view of Hirose et al. US-20190123353-A1 (hereinafter “Hirose”).
Regarding Claims 15 and 18, Kamo discloses the negative electrode according to Claim 12 (see rejection of Claim 12 above).
Kamo is silent on wherein, in the negative electrode, the silicon present at a boundary between the composite compound and the negative electrode active material particles is in a compound state of Si1+ to Si3+ and wherein the negative electrode active material particles after at least twenty charge-and-discharge cycles include silicon in an Si0+ state and silicon in a compound state of Si1+ to Si3+.
However, in the same filed of endeavor of negative electrodes (see abstract), Hirose discloses a negative electrode material comprising Siy+ (where y is any of 0, 1, 2, and 3), Siz+ (where z is any of 1, 2, and 3) (meeting Claim 15), and Si4+, wherein Siz+ and Si4+ are reversibly changed to each other in the negative electrode active material particle in repeating of occlusion and release of Li in the negative electrode active material (i.e., during charging and discharging) and Si0+ is formed by discharging (see paragraphs [0028]-[0029], [0033], [0036]-[0037], [0059], [0082], [0084], [0105], [0149], and [0176] and Table 1). Hirose further discloses the negative electrode material was evaluated after 100 cycles, and Ex. 1-2 contained Si0+ and Si2+ (meeting Claim 18) (see paragraphs [0150]-[0151], and [0176] and Table 1).
Kamo additionally discloses a negative electrode with the proper Si valence states results in a stable battery and good cycle characteristics (see paragraphs [0028], [0030], and [0174] and Table 1).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the negative electrode of Kamo wherein in the negative electrode, the silicon present at a boundary between the composite compound and the negative electrode active material particles is in a compound state of Si1+ to Si3+ and wherein the negative electrode active material particles after at least twenty charge-and-discharge cycles include silicon in an Si0+ state and silicon in a compound state of Si1+ to Si3+, as disclosed by Hirose, in order to achieve a stable battery and good cycle characteristics.
Claims 16 and 22 are rejected under 35 U.S.C. 103 as being unpatentable over Kamo, as applied to Claim 12 above, and further in view of Kogetsu et al. US-20060134518-A1 (hereinafter “Kogetsu”).
Regarding Claim 16, Kamo discloses the negative electrode according to Claim 12 (see rejection of Claim 12 above). Kamo further discloses inserting a polyphenylene compound or polycyclic compound (functioning as a composite compound) into the active material via an oxidation-reduction method (see paragraphs [0097]-[0098] and [0137]-[0141]).
Kamo is silent on wherein the negative electrode active material layer has a multilayer structure of two or more layers, and a gap between the layers is filled with the composite compound.
However, in the same field of endeavor of negative electrodes (see abstract), Kogetsu discloses a negative electrode active material layer comprising silicon having a multilayer structure of two or more layers via a method of vapor deposition onto the current collector using a silicon target (see paragraphs [0019], [0021]-[0022], [0025], and [0027]). When combined with the invention of Kamo, the insertion of the composite compound would result in the gap between the layers being filled with the composite compound.
Kogetsu further discloses using a multilayer structure of an anode material with silicon and oxygen at specific ratios can result in stress being relieved and cycle characteristics being enhanced (see paragraphs [0052] and [0055]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application modify the negative electrode of Kamo wherein the negative electrode active material layer has a multilayer structure of two or more layers, as disclosed by Kogetsu, in order to relieve stress and enhance cycle characteristics.
Regarding Claim 22, Kamo discloses the negative electrode according to Claim 12 (see rejection of Claim 12 above). Kamo further discloses negative electrode manufacturing method for manufacturing the negative electrode according to the aforementioned claim 12, comprising steps of:
vapor-depositing a negative electrode active material layer containing silicon oxide on a substrate (silicon oxide gas is solidified and deposited on an adsorption plate) (see paragraphs [0093]-[0094]); and
immersing the negative electrode active material layer in a solution containing lithium to modify the silicon oxide into the compound of lithium, silicon, and oxygen by redox method and form the composite compound (see paragraphs [0097]-[0098]).
Kamo is silent on vapor-depositing a negative electrode active material layer containing silicon oxide on the negative electrode current collector.
However, Kogetsu discloses a negative electrode active material layer comprising silicon having a multilayer structure of two or more layers via a method of vapor deposition onto the current collector using a silicon target (see paragraphs [0019], [0021]-[0022], [0025], and [0027]). A skilled artisan would recognize the current collector is an appropriate substrate to deposit the silicon oxide onto, and that this would result in making a current collector comprising a silicon oxide active material.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the method disclosed by Kamo by vapor-depositing a negative electrode active material layer containing silicon oxide on the negative electrode current collector, as disclosed by Kogetsu, as an appropriate method of making a current collector comprising a silicon oxide active material.
Claim 19 is rejected under 35 U.S.C. 103 as being unpatentable over Kamo, as applied to Claim 12 above, and further in view of Konishiike et al. US-20070207386-A1 (hereinafter “Konishiike”).
Regarding Claim 19, Kamo discloses the negative electrode according to Claim 12 (see rejection of Claim 12 above).
Kamo is silent on wherein, when the negative electrode active material particles are defined as primary particles, the negative electrode active material layer after charging and discharging forms secondary particles that are an aggregate of the primary particles, and the secondary particles are in the form of being separated from each other in an in-plane direction.
However, in the same field of endeavor of negative electrodes (anodes) (see abstract), Konishiike discloses an anode comprising a silicon (Si) active material, wherein the active material contains a plurality of primary particles that are agglomerated to form secondary particles, and a groove is formed by charging and discharging that separates the secondary particles (see abstract and paragraphs [0008], [0010], [0045]-[0046], and [0048], ). Separating the secondary particles by charging and discharging would also form new secondary particles that are now split by a groove. Konishiike also discloses the groove is formed in an in-plane direction (thus separating the particles in an in-plane direction) (see paragraphs [0008] and [0048]).
Konishiike additionally discloses forming secondary particles that are separated from each other via charging and discharging results in improved adhesion and cycle characteristics and relieves stress (see paragraphs [0012]).
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the negative electrode of Kamo wherein when the negative electrode active material particles are defined as primary particles, the negative electrode active material layer after charging and discharging forms secondary particles that are an aggregate of the primary particles, and the secondary particles are in the form of being separated from each other in an in-plane direction, as disclosed by Konishiike, in order to improve adhesion and cycle characteristics and relieve stress (see paragraphs [0012]).
Claim 21 is rejected under 35 U.S.C. 103 as being unpatentable over Kamo in view of Iwama et al. US-20100104951-A1 (hereinafter “Iwama”).
Regarding Claim 21, Kamo discloses the negative electrode according to Claim 12 (see rejection of Claim 12 above).
Kamo is silent on wherein the negative electrode current collector has a ten-point average roughness Rz of 1.5 μm or more and 5.0 μm or less on the surface.
However, in the same field of endeavor of current collectors (see abstract), Iwama discloses using an anode with an anode active material such as silicon on a current collector with a ten-point average roughness Rz of 3.2 μm to 5.2 μm (see abstract and paragraphs [0030], [0038], [0055], and [0190]-[0193]). This range substantially overlaps with and therefore renders obvious the claimed range of a negative electrode current collector having a ten-point average roughness Rz of 1.5 μm or more and 5.0 μm or less on the surface.
Iwama further discloses when the current collector has a ten-point average roughness Rz of 3.2 μm to 5.2 μm, the contact characteristics between the anode current collector and the anode active material layer are sufficiently improved and the internal stress generated in the anode active material layer is able to be effectively relaxed.
Therefore, it would have been obvious to a person having ordinary skill in the art before the effective filing date of the instant application to modify the negative electrode disclosed by Kamo wherein the negative electrode current collector has a ten-point average roughness Rz of 1.5 μm or more and 5.0 μm or less on the surface, as disclosed by Iwama, in order for the contact characteristics between the anode current collector and the anode active material layer to be sufficiently improved and the internal stress generated in the anode active material layer is able to be effectively relaxed.
Conclusion
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/S.L.K./Examiner, Art Unit 1729
/ULA C RUDDOCK/Supervisory Patent Examiner, Art Unit 1729