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 .
Information Disclosure Statement
The information disclosure statements filed July 26, 2023 & April 28, 2025 has/have been received and complies with the provisions of 37 CFR 1.97, 1.98 and MPEP § 609. Accordingly, the information disclosure statement(s) is/are being considered by the examiner, and an initialed copied is attached herewith.
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(s) 1 & 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by TAKAHASHI et al. JP 2017103141A.
With respect to claim 1, TAKAHASHI teaches a negative electrode for use in a lithium-ion secondary battery (lithium ion secondary battery; BACKGROUND-ART, paragraph 3), the negative electrode ([Negative electrode] section), comprising: a negative electrode current collector (current collector; ([Negative electrode] section, paragraph 1) ; and a negative electrode active material layer ([Negative electrode active material] section) formed on the negative electrode current collector (negative electrode 22 has a negative electrode active material layer 221 on the surface of the negative electrode current collector 220; [Negative electrode] section, paragraph 1), wherein the negative electrode active material layer includes, as a negative electrode active material, an Si-based negative electrode active material including Si as a component and capable of reversibly absorbing and releasing lithium ions (negative electrode active material containing at least one element of Si;[Negative electrode active material] section, paragraph 1), and the negative electrode further comprises a high-molecular-weight organic compound for improving durability of the lithium-ion secondary battery, the high-molecular-weight organic compound having a weight-average molecular weight of 1000 or higher (Maleic acid resin; [Conductive material, binder, composite material, negative electrode current collector] section, paragraph 2). With respect to a weight-average molecular weight of 1000 or higher, it would have been reasonable to expect as “[p]roducts of identical chemical composition cannot have mutually exclusive properties.” A chemical composition and its properties are inseparable. Therefore, if the prior art teaches the identical chemical structure, the properties applicant discloses and/or claims are necessarily present. In re Spada, 911 F.2d 705, 709, 15 USPQ2d 1655, 1658 (Fed. Cir. 1990). In the instant case, Maleic acid resin has a weight-average molecular weight of 1000 or higher. See MPEP 2112.01.
With respect to claim 5, a lithium-ion secondary battery comprising the negative electrode (lithium ion secondary battery; BACKGROUND-ART, paragraph 3).
Therefore, the instant claims are anticipated by TAKAHASHI et al. JP 2017103141A.
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(s) 2 is/are rejected under 35 U.S.C. 103 as being unpatentable over TAKAHASHI et al. JP 2017103141A.
TAKAHASHI teaches a negative electrode for use in a lithium-ion secondary battery (lithium ion secondary battery; BACKGROUND-ART, paragraph 3), the negative electrode ([Negative electrode] section), as described in the rejection recited hereinabove. With respect to claim 2, TAKAHASHI teaches the high-molecular-weight organic compound having a polar functional group, the polar functional group is at least one polar functional group selected from the group consisting of an amino group, a sulfonate group, a carboxyl group, a phosphate group, a polyalkylene ether group, an amide group, a hydroxyl group, an epoxy group, and an alkoxysilyl group (Maleic acid resin; [Conductive material, binder, composite material, negative electrode current collector] section, paragraph 2; Examiner note: Maleic acid resin has a carboxyl group; see instant specification at paragraph [0027]).
TAKAHASHI does not teach or suggest: a concentration of the polar functional group is 0.1 mmol/g or higher (claim 2).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ a concentration of polar functional group is 0.1 mmol/g or higher in the high-molecular-weight organic compound of TAKAHASHI, in order to increase ion conductivity.
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(s) 1, 4 & 5 is/are rejected under 35 U.S.C. 102(a)(1) as being anticipated by BYUN et al. WO 2013151197A1.
With respect to claim 1, BYUN teaches a negative electrode for use in a lithium-ion secondary battery (lithium ion secondary battery; Example 1), the negative electrode (Example 1), comprising: a negative electrode current collector (anode forming slurry is coated on an aluminum current collector; Example 1) ; and a negative electrode active material layer (anode forming slurry is coated on an aluminum current collector; Example 1) formed on the negative electrode current collector (anode forming slurry is coated on an aluminum current collector; Example 1), wherein the negative electrode active material layer includes, as a negative electrode active material, an Si-based negative electrode active material including Si as a component and capable of reversibly absorbing and releasing lithium ions (silicon nitride was used as the active material of the negative electrode; Example 1), and the negative electrode further comprises a high-molecular-weight organic compound for improving durability of the lithium-ion secondary battery, the high-molecular-weight organic compound having a weight-average molecular weight of 1000 or higher (Nafion-based polymers having sulfonic acid groups; MODE-FOR-INVENTION section, paragraph 34; Examiners note: Nafion has a molecular weight of 100,000; See product standards).
With respect to claim 4, the high-molecular-weight organic compound includes a copolymer compound of a polymerizable unsaturated monomer (Sulfonic acid groups, carboxylic acid groups, phosphoric acid groups, phosphonic acid groups, and the like in polyolefins; MODE-FOR-INVENTION section, paragraph 34).
With respect to claim 5, a lithium-ion secondary battery comprising the negative electrode (lithium ion secondary battery; Example 1).
Therefore, the instant claims are anticipated by BYUN et al. JP 2017103141A.
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(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over BYUN et al. WO 2013151197A1.
BYUN teaches a negative electrode for use in a lithium-ion secondary battery (lithium ion secondary battery; Example 1), the negative electrode (Example 1), as described in the rejection recited hereinabove. With respect to claim 3, BYUN teaches the high-molecular-weight organic compound having an ionic functional group, the ionic functional group is at least one selected from the group consisting of an amino group, a sulfonate group, a carboxyl group, a phosphate group, and an amide group
BYUN does not teach or suggest: a concentration of the ionic functional group is 0.1 mmol/g or higher (claim 3).
Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to employ a concentration of the ionic functional group is 0.1 mmol/g or higher in the high-molecular-weight organic compound of BYUN, in order to increase ion conductivity.
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to MONIQUE M WILLS whose telephone number is (571)272-1309. The Examiner can normally be reached on Monday-Friday from 8:30am to 5:00 pm.
If attempts to reach the examiner by telephone are unsuccessful, the Examiner's supervisor, Tiffany Legette, may be reached at 571-270-7078. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/Monique M Wills/
Examiner, Art Unit 1722
/TIFFANY LEGETTE/Supervisory Patent Examiner, Art Unit 1723