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 .
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 1-5 are rejected under 35 U.S.C. 102(a)(1) and (a)(2) as being anticipated by Sugaya et al., WO 2019239652 A1 (English-language equivalent US 20210159489 A1 used for citations in this action).
Regarding Claim 1, Sugaya discloses a negative electrode for a non-aqueous electrolyte secondary battery (negative electrode 12 [0024], Fig. 2), the negative electrode comprising:
a negative electrode current collector (negative electrode current collector 40 [0024-0026, 0040-0043], Fig. 2); and
a negative electrode active material layer provided over the negative electrode current collector (negative electrode active material layer 42 disposed on the negative electrode current collector 40 [0024-0028], Figs. 2-3), wherein the negative electrode active material layer contains graphite particles A and graphite particles B as a negative electrode active material (graphite particles A and graphite particles B [0027-0043], graphite particles 30 in Fig. 3), and
in the negative electrode active material layer (42), a first active material layer X (half region 42b [0040-0042], Fig. 2) and a second active material layer Y (half region 42a [0040-0042], Fig. 2), which differ from each other in a content of the graphite particles A with respect to a total mass of the graphite particles A and the graphite particles B ([0040-0042]), are alternately placed over the negative electrode current collector (active material layer 42b applied on top of active material layer 42b in the stacking/vertical direction [0040-0042], Fig. 2),
an internal porosity of the graphite particles A is smaller than an internal porosity of the graphite particles B (internal porosity of graphite particles A: 5% or less; graphite particles B: 8% to 20% [0033-0038], see closed/internal pore 34 [0027-0033], Fig. 3), and
the content of the graphite particles A in the first active material layer X is larger than the content of the graphite particles A in the second active material layer Y ([0040-0042]), and
a ratio Wx/Wy of a width Wx of the first active material layer X and a width Wy of the second active material layer Y is greater than or equal to 0.03 and less than or equal to 3.13 (negative electrode active material layer 42 is “halved” at midpoint Z to create layers 42a and 42b [0040], Wx/Wy is 1.0).
PNG
media_image1.png
226
516
media_image1.png
Greyscale
Sugaya – Fig. 2
Regarding Claim 2, Sugaya discloses all limitations as set forth above. Sugaya discloses the internal porosity of the graphite particles A is greater than or equal to 5% (internal porosity of graphite particles A can be 5% [0028, 0036]), and the internal porosity of the graphite particles B is greater than or equal to 8% and less than or equal to 20% (internal porosity of graphite particles B can be 8% to 20% [0028, 0038]).
The court has held that "when, as by a recitation of ranges or otherwise, a claim covers several compositions, the claim is ‘anticipated’ if one of them is in the prior art." Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985) See MPEP § 2131.03.
Regarding Claim 3, Sugaya discloses all limitations as set forth above. Sugaya discloses the ratio Wx/Wy of the width Wx of the first active material layer X and the width Wy of the second active material layer Y is greater than or equal to 0.06 and less than or equal to 1.6. (negative electrode active material layer 42 is “halved” at midpoint Z to create layers 42a and 42b [0040], Wx/Wy is 1.0).
The court has held that "when, as by a recitation of ranges or otherwise, a claim covers several compositions, the claim is ‘anticipated’ if one of them is in the prior art." Titanium Metals Corp. v. Banner, 778 F.2d 775, 227 USPQ 773 (Fed. Cir. 1985) See MPEP § 2131.03.
Regarding Claim 4, Sugaya discloses all limitations as set forth above. Sugaya discloses the negative electrode active material layer further includes a Si-based material (negative electrode active material may include a Si material such as Si, an alloy including Si, and silicon oxide [0043]).
Regarding Claim 5, Sugaya discloses all limitations as set forth above. Sugaya discloses a non-aqueous electrolyte secondary battery (non-aqueous electrolyte secondary battery 10 [0018-0022], Fig. 1) comprising:
the negative electrode for the non-aqueous electrolyte secondary battery according to claim 1 (negative electrode including a negative electrode current collector 40 and a negative electrode active material layer 42 [0024-0028], Fig. 2);
a positive electrode (positive electrode 11 [0046-0051], Fig. 1); and
a separator between the negative electrode for the non-aqueous electrolyte secondary battery and the positive electrode (separator 13 interposed therebetween [0018, 0052-0053], Fig. 1).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BETHANY C GARCIA whose telephone number is (571)272-2475. The examiner can normally be reached Mon-Fri, 0800 - 1730 MT.
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, Allison Bourke can be reached at 303-297-4684. 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.
/BETHANY C GARCIA/Examiner, Art Unit 1721
/ALLISON BOURKE/Supervisory Patent Examiner, Art Unit 1721