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 § 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 8 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.
Claim 8 recites that X=0, then also recites wherein 0<x<2, and then also recites it comprises 70 parts by weight or more of the SiOx, wherein x=0 based on 100 parts by weight of the silicon-containing active material. These limitations repetitively state what x is defined as, yet also recites conflicting numbers for what x is. As such the claim is indefinite for failing to distinctly claim the invention.
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.
Claim(s) 1, 2, 7, 8 and 10-12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chae et al. (U.S. Patent Pub. No. 2020/0335769) in view or Kim et al. (U.S. Patent Pub. No. 2021/0257606).
Regarding claim 1, Chae et al. discloses a pre-lithiation method of a negative electrode for a lithium secondary battery (abstract), the pre-lithiation method comprising:
forming a negative electrode current collector layer (reference #120) and a negative electrode active material layer on one surface or both surfaces of the negative electrode current collector layer (reference #122; [0042]);
forming a silver (Ag)-containing metal layer on a surface of the negative electrode active material layer opposite to a surface of the negative electrode active material layer facing the negative electrode current collector layer (reference #116; [0051] and [0054] (second negative electrode active material layer 116 may be formed of a conductive material that may include silver)); and
transferring lithium metal to a surface of the Ag-containing metal layer opposite to a surface of the metal layer facing the negative electrode active material layer (figure 2; [0013]; [0028]).
However, the reference is silent as to the thickness of the Ag-containing metal layer.
Kim teaches another negative electrode for a lithium secondary battery (abstract). The reference teaches wherein a thickness of the second anode active layer that contains silver is 10 nm or greater and 2 μm or less ([0091]-[0093]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the thickness of the silver containing second anode layer of Chae et al. to be 10 nm or greater and 2 μm or less as taught by Kim et al. One of ordinary skill in the art would reasonably expect such a combination to be suitable given that both references teach negative electrode for a lithium secondary battery. One of ordinary skill in the art would be motivated to do the foregoing because a thickness in that range will improve the energy density, suppress short circuits and improve cycle characteristics (Kim et al. [0091]-[0093]).
Regarding claim 2, Chae et al. in view of Kim et al. discloses all the limitations as set forth above. The reference as modified further discloses wherein the step of forming of the negative electrode current collector layer and the negative electrode active material layer on one surface or both surfaces of the negative electrode current collector layer comprises coating a negative electrode slurry comprising a negative electrode active material layer composition on one surface or both surfaces of the negative electrode current collector layer ([0050]; [0082]), and
wherein the negative electrode active material layer composition comprises at least one or more selected from the group consisting of a silicon-containing active material, a negative electrode conductive material, and a negative electrode binder ([0031]; [0032]; [0082]).
Regarding claim 7, Chae et al. in view of Kim et al. discloses all the limitations as set forth above. The reference as modified further discloses wherein the silicon-containing active material comprises at least one selected from the group consisting of SiOx, wherein x=0, SiOx, wherein 0<x<2, SiC, and a Si alloy ([0031]; [0082]).
Regarding claim 8, Chae et al. in view of Kim et al. discloses all the limitations as set forth above. The reference as modified further discloses wherein the silicon-containing active material comprises at least one selected from the group consisting of SiOx, wherein x=0and SiOx, wherein 0<x<2, and comprises 70 parts by weight or more of the SiOx, wherein x=0 based on 100 parts by weight of the silicon-containing active material ([0033]; [0053]; [0082]).
Regarding claim 10, Chae et al. discloses a negative electrode for a lithium secondary battery (abstract), comprising:
a negative electrode current collector layer (reference #120)
a negative electrode active material layer comprising a negative electrode active material layer composition on one surface or both surfaces of the negative electrode current collector layer (reference #122; [0042]);
a silver (Ag)containing metal layer provided on a surface opposite to a surface of the negative electrode active material layer facing the negative electrode current collector layer (reference #116; [0051] and [0054] (second negative electrode active material layer 116 may be formed of a conductive material that may include silver)).
However, the reference is silent as to the thickness of the Ag-containing metal layer.
Kim teaches another negative electrode for a lithium secondary battery (abstract). The reference teaches wherein a thickness of the second anode active layer that contains silver is 10 nm or greater and 2 μm or less ([0091]-[0093]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the thickness of the silver containing second anode layer of Chae et al. to be 10 nm or greater and 2 μm or less as taught by Kim et al. One of ordinary skill in the art would reasonably expect such a combination to be suitable given that both references teach negative electrode for a lithium secondary battery. One of ordinary skill in the art would be motivated to do the foregoing because a thickness in that range will improve the energy density, suppress short circuits and improve cycle characteristics (Kim et al. [0091]-[0093]).
Regarding claim 11, Chae et al. in view of Kim et al. discloses all the limitations as set forth above. The reference as modified further discloses wherein a thickness of the negative electrode current collector layer is 1 μm or greater and 100 μm or less ([0052]), and wherein a thickness of the negative electrode active material layer is 20 μm or greater and 500 μm or less (Kim et al. [0091]-[0093]).
Regarding claim 12, Chae et al. in view of Kim et al. discloses a lithium secondary batter (Chae et al. abstract; [0068]) comprising: a positive electrode (Chae et al. [0066]; [0069]); a negative electrode for a lithium secondary battery pre-lithiated according to the pre-lithiation method of claim 1 (see rejection to claim 1 above); a separator between the positive electrode and the negative electrode ([0066]; [0074]); and an electrolyte solution ([0066]; [0069]).
Claim(s) 3 and 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chae et al. in view of Kim et al. as applied to claim 1 above, and further in view of Balogh et al. (U.S. Patent Pub. No. 2019/0319259).
Regarding claim 3, Chae et al. in view of Kim et al. discloses all the limitations as set forth above. However, the reference as modified does not disclose the forming by PVD.
Balogh et al. teaches another method of preparing lithium anodes (title). The reference teaches there are many different methods for depositing the silver containing metal layer, including by physical vapor deposition ([0015]; [0022]; [0052]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the method for depositing the silver containing metal layer of Chae et al. to include by PVD, as taught by Balogh et al. One of ordinary skill in the art would reasonably expect such a combination to be suitable given that both references teach methods of preparing lithium anodes. One of ordinary skill in the art would be motivated to do the foregoing because selecting one of known methods for depositing the anode active layer would have been considered obvious to one of ordinary skill in the art before the time of filing and because said PVD depositing method would operate equally well as the one disclosed by Chae et al. and it is well known in the art before the time of filing to deposit anode layers by PVD.
Regarding claim 4, Chae et al. in view of Kim et al. discloses all the limitations as set forth above. The reference as modified further discloses further comprising: after transferring the lithium metal to the surface of the Ag-containing metal layer opposite to the surface of the Ag-containing metal layer facing the negative electrode active material layer, activating the lithium metal, wherein in the activating of the lithium metal, an activation reaction occurs within 30 minutes to 3 hours under conditions of 25° C. and 1 atm (figure 2; [0057]; [0060]). However, the reference is silent as to the pressure being 1 atm.
Balogh et al. teaches another method of preparing lithium anodes (title). The reference teaches applying a pressure of 1 atm ([0058]).
It would have been obvious to one of ordinary skill in the art before the time of filing to provide a pressure of 1 atm to the lithium of Chae et al. as taught by Balogh et al. One of ordinary skill in the art would reasonably expect such a combination to be suitable given that both references teach methods of preparing lithium anodes. One of ordinary skill in the art would be motivated to do the foregoing because the applied pressure may compress the layers together and assist in bonding and/or adhesion of the metal current collector and the electrode (Balogh et al. [0058]).
Claim(s) 5, 6 and 9 is/are rejected under 35 U.S.C. 103 as being unpatentable over Chae et al. in view of Kim et al. as applied to claim 1 above, and further in view of Kim et al. (U.S. Patent Pub. No. 2019/0237750) (hereinafter Kim ‘750).
Regarding claims 5 and 6, Chae et al. in view of Kim et al. discloses all the limitations as set forth above. However, the reference as modified does not explicitly disclose the laminating step.
Kim ‘750 teaches another method for manufacturing a negative electrode for a secondary battery (title). The reference teaches wherein the transferring of lithium metal to the surface of the Ao-containing metal layer opposite to the surface of the metal layer facing the negative electrode active material layer comprises: preparing a laminated body for transfer comprising a base layer and lithium metal on the base layer, laminating the laminated body for transfer on the metal layer wherein a surface opposite to a surface of the lithium metal facing the base layer comes into contact with the surface opposite to the surface of the metal layer facing the negative electrode active material layer, and removing the base layer and wherein a release layer is further present between the base layer and lithium metal of the laminated body for transfer ([0015]; [0035]; [0038]-[0045]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the method for transferring the lithium metal of Chae et al. to include the laminating steps, as taught by Kim ‘750. One of ordinary skill in the art would reasonably expect such a combination to be suitable given that both references teach methods for manufacturing a negative electrode for a secondary battery. One of ordinary skill in the art would be motivated to do the foregoing because selecting one of known methods for transferring the lithium metal would have been considered obvious to one of ordinary skill in the art before the time of filing and because said laminating transfer process improves the speed of pre-lithiation because the movement of lithium ions becomes faster and facilitates the transfer of lithium and the uniformity of the bonding to the negative electrode (Kim ‘750 [0038]-[0039]).
Regarding claim 9, Chae et al. in view of Kim et al. discloses all the limitations as set forth above. However, the reference is silent as to the thickness of the lithium metal.
Kim ‘750 teaches another method for manufacturing a negative electrode for a secondary battery (title). The reference teaches wherein a thickness of the lithium metal is 1 μm or greater and 10 μm or less ([0042]-[0043]).
It would have been obvious to one of ordinary skill in the art before the time of filing to modify the thickness of the lithium metal of Chae et al. to be 1 μm or greater and 10 μm or less as taught by Kim ‘750. One of ordinary skill in the art would reasonably expect such a combination to be suitable given that both references teach methods for manufacturing a negative electrode for a secondary battery. One of ordinary skill in the art would be motivated to do the foregoing because a thickness in that range will improve the pre-lithiation and suppress short circuits (Kim ‘750 [0042]-[0043]).
Conclusion
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/ELIZABETH INSLER/Primary Examiner, Art Unit 1774