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 § 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.
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) 1-3, 9-10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsuzuki et al. (US2022/0037640A1), in view of Uehara et al.(US2019/0305375A1), and in further view of Put et al. (US2018/0083271A1).
As to claim 1, Tsuzuki discloses a negative electrode for a non-aqueous electrolyte secondary battery, the negative electrode comprising a current collector [Abstract], a first active material layer (region 42(a) containing 5-25% Si material [0037] fig. 2), and a second active material layer (42(b) containing 20% or less Si material [0037] fig. 2) that are provided in this order (fig. 2),
each of the first binder and the second binder contains carboxymethyl cellulose (CMC) [Tsuzuki, 0027], and a content ratio by weight of the carboxymethyl cellulose in the second active material layer (42(b)) is more than a content ratio by weight of the carboxymethyl cellulose in the first active material layer (42(a)). (1 part by mass of carboxymethyl cellulose (molecular weight: 355000) used to prepare the second negative electrode mixture slurry, and 1 part by mass of carboxymethyl cellulose (molecular weight: 220000) prepare a first negative electrode mixture slurry. [0059] Where the molecular weight ratio of the second electrode mixture is greater than the first molecular weight ratio negative electrode mixture, combined in equal molar ratios would yield a weight content carboxymethyl cellulose ratio of a second electrode mixture is greater than the first negative electrode.
wherein the first active material layer (42(a)) includes first silicon-containing particles, Tsuzuki discloses a negative active material for example, a structure in which fine Si is dispersed in the matric of amorphous SiO2 [0033], but does not explicitly teach Si particles. In the same field of endeavor Uehara discloses a negative electrode for a battery [Abstract], and teaches for example. SiO.sub.x has, for example, a structure in which Si fine particles are dispersed in amorphous SiO.sub.2.[Uehara, 0025], and it would be obvious to substitute the fine Si particles in SiO.sub.x of Uehara for the fine Si dispersed in SiO2 of Tsuzuki as the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.),
each of the first silicon-containing particles and the second silicon-containing particles contains a carbon domain (The active material includes graphite particles [Tsuzuki, 0033]) Tsuzuki does not explicitly disclose, and a silicon domain dispersed in the carbon domain and having a nano size, however in the same field of endeavor Put discloses an anode for a battery [Abstract] and teaches (Composite powder for use in an anode of a lithium ion battery, whereby the particles of the composite powder comprise a carbon-based matrix material and silicon particles embedded in this matrix material, and the silicon particles have an average particle size of 500 nm or less [Put, 0053] ). Put further teaches, the composite powder according to the invention has a better cycle performance than traditional powders. [Put, 0017].
Therefore, it would have obvious to one of ordinary skill in the art at the time the application was effectively filed to modify Tsuzuki with the composite powder as taught by Put to achieve better cycle performance.
Put discloses each of the first silicon-containing particles and the second silicon-containing particles is constituted of the carbon domain and the silicon domain having a size of 50 nm or less, (Composite powder according to any of the previous clauses, characterized in that said silicon particles have an average particle size of 500 nm or less [0057].
It should be noted in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
Regarding the limitation of “the size of the silicon domain is observed with a Scanning Transmission Electron Microscope to confirm element (Si, C) by EDX mapping and is determined from shape and contrast obtained in a High-Angle Annular Dark Field High Angle Scattering Dark image of a bright field image” this is considered product-by-process limitation. The cited prior art teaches all of the positively recited structure of the claimed apparatus or product. The determination of patentability is based upon the apparatus structure itself. The patentability of a product or apparatus does not depend on its method of production or formation. If the product in the product-by-process claim is the same as or obvious from a product of the prior art, the claim is unpatentable even though the prior product was made by a different process. See In re Thorpe, 777 F.2d 695, 698, 227 USPQ 964, 966 (Fed. Cir. 1985) (see MPEP § 2113).
As to claim 2, Tsuzuki discloses the content ratio of the carboxymethyl cellulose in the second active material layer is 0.7 wt% or more and 3 wt% or less, and the content ratio of the carboxymethyl cellulose in the first active material layer is 0.5 wt% or more and 1.5 wt% or less. The content of the carboxymethyl cellulose in each of the regions of the negative electrode active material is, for example, preferably 0.5% by mass to 3% by mass based on the total mass of the negative electrode active material layer 42. [0032]). It should be noted in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As to claim 3, Tsuzuki does not explicitly disclose each of the first silicon-containing particles and the second silicon-containing particles has an oxygen content ratio of 7 wt% or less. Put teaches silicon powder with a diameter of 35 nm and oxygen content of 1.0% (Example 2 [0105, 0107].
Put further teaches, the composite powder according to the invention has a better cycle performance than traditional powders. [Put, 0017].
Therefore, it would have obvious to one of ordinary skill in the art at the time the application was effectively filed to modify Tsuzuki with the composite powder as taught by Put to achieve better cycle performance.
As to claim 9, Tsuzuki is silent on a surface of each of the first silicon-containing particles and the second silicon-containing particles is coated with amorphous carbon. Uehara teaches SiO particles may be coated with a carbon material which may include amorphous carbon [0029-0030].
As to claim 10, Tsuzuki is silent on each of the first silicon- containing particles and the second silicon-containing particles is provided with pores therein having a porosity of 3 volume% or more. Put teaches the particles of the composite powder have a porosity of less than 20 volume % and preferably less than 10 volume %. [0034]. It should be noted in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
As to claim 11, Tsuzuki discloses a molecular weight of the carboxymethyl cellulose in the second active material layer is 300,000 or more ((42b) [0031]), and a molecular weight of the carboxymethyl cellulose in the first active material layer is 300,000 or less ((42a) [0030]).
Claim(s) 4 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsuzuki et al. (US2022/0037640A1), in view of Uehara et al.(US2019/0305375A1), in view of Put et al. (US2018/0083271A1), as applied to claim 1 above, and further in view of Matsuo et al. (US2021/0194002A1).
As to claim 4, modified Tsuzuki discloses, wherein the first active material layer includes first graphite particles, the second active material layer includes second graphite particles, but does not teach and each of a BET specific surface area of the first graphite particles and a BET specific surface area of the second graphite particles is 3.5 m2/g or less, and each of a particle size distribution (D90-D10)/(D50) of the first graphite particles and a particle size distribution (D90-D10)/(D50) of the second graphite particles is 1.2 or more. Put teaches (d.sub.90−d.sub.10)/d.sub.50 is 3 or lower. [0022]), and it should be noted in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).
In the same field of endeavor Matsuo discloses negative electrode for a battery [Abstract] and teaches, a BET specific surface area of the second graphite particles is 3.5 m2/g or less, (Second carbon-based active material… for example, 2.5 m.sup.2/g to 8.0 m.sup.2/g. [0034]), and it should be noted in the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art” a prima facie case of obviousness exists. In re Wertheim, 541 F.2d 257, 191USPQ 90 (CCPA 1976); In re Woodruff, 919 F.2d 1575, 16 USPQ2d 1934 (Fed. Cir. 1990).). Matsuo further teaches the present disclosure provides a negative electrode which improves the input characteristics, cyclic characteristics, and high-temperature storage characteristics of a non-aqueous electrolyte secondary battery [0005]. Therefore, it would have obvious to one of ordinary skill in the art at the time the application was effectively filed to modify Tsuzuki with the BET specific surface area of the second graphite particles as taught by Matsuo to improve the battery input characteristics, cyclic characteristics, and high-temperature storage characteristics.
Claim(s) 5 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsuzuki et al. (US2022/0037640A1), in view of Uehara et al.(US2019/0305375A1), in view of Put et al. (US2018/0083271A1), as applied to claim 1 above, and further in view of Chen et al. (CN112310346A)).
As to claim 5, Tsuzuki discloses, the negative electrode active material layer 42 may include a conductive agent… conductive agent may be a carbon nanotube [0040] but does not explicitly teach each of the first active material layer and the second active material layer includes a single-walled carbon nanotube. In the same field of endeavor Chen discloses an negative electrode for a battery [Abstract] and teaches, (negative active material may contain a first and second conductive agent [0230-0232]… and the first and second conductive agent may single-wall carbon nano-tube [0360-0363]). Therefore it would be obvious to person of ordinary skill in the art at the time of the invention to use conductive agent of Chen because the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. See KSR International Co. v. Teleflex Inc., 550 U.S. __,__, 82 USPQ2d 1385, 1395 – 97 (2007) (see MPEP § 2143, B.) and at the time of the invention single-wall carbon nanotubes were known to be used as a conductive agent.
As to claim 6, Tsuzuki discloses a molecular weight of the carboxymethyl cellulose in the second active material layer is more than a molecular weight of the carboxymethyl cellulose in the first active material layer. (Molecular weight of the carboxymethyl cellulose in the region (42(a)) is 33,000 or less [Tsuzuki, 0030], and Molecular weight of the carboxymethyl cellulose in the region (42(b)) is 33,000 or more [Tsuzuki, 0031]. Providing a higher carboxymethyl cellulose content ratio in the second active material layer (42(b)).
As to claim 7, modified Tsuzuki discloses a non-aqueous electrolyte secondary battery [Abstract] comprising: the negative electrode according to claim 1; and an exterior package (Case body (16), [0019] fig. 1).
Claim(s) 8 is/are rejected under 35 U.S.C. 103 as being unpatentable over Tsuzuki et al. (US2022/0037640A1), in view of Uehara et al.(US2019/0305375A1), in view of Put et al. (US2018/0083271A1), as applied to claim 1 above, and further in view of Catotti et al. (US4,929,519A1).
As to claim 8, Tsuzuki discloses the non-aqueous electrolyte secondary battery according to claim 7 comprising an electrode assembly including the negative electrode, wherein a ratio T/D of a thickness T of the electrode assembly to a distance D between the electrode assembly and the exterior package is 2% or more at a voltage of 3 V or less. wherein the distance D is a length in a Y direction between the electrode assembly and the exterior package as view in an X direction, the X direction is a direction from a positive electrode terminal toward a negative electrode terminal in the electrode assembly, the Y direction is perpendicular to the X direction, and the Y direction is a thickness direction of the electrode assembly.
In the same field of endeavor Catotti discloses an electrode for a battery ([C2L56-68], [C7L44-48], and teaches, the amount of additional electrochemically active material and the increase in electrical capacity of a given electrochemical cell are a function of the thickness of each component of the wound electrode assembly, and the diameter of the container into which the assembly is positioned [C6L9-14]. Where the thickness of the positive electrode is 0.03 inch, negative electrode is 0.021 inch, and the separator is 0.006 inch and an arbor diameter of 0.187 inch [C6L18-21], and allowing for a thickness across the entire electrode assembly would be twice a single thickness yields 2X(the sum of the individual thicknesses 0.057 inch) or 0.114 inch, and the ratio thickness of the electrode (0.114 inch) to the diameter of the can 0.187 would be about 60%, and where 3V or less includes 0V meets the limitation. It would be obvious to optimize the ratio of T/D to achieve a desired battery electrical capacity. It should be noted, “Where the general conditions of a claim are disclosed in the prior art, it is not inventive to discover the optimum or workable ranges by routine experimentation.” See In re Aller, 220 F.2d 454, 456, 105 USPQ 233, 235 (CCPA 1955). The discovery of an optimum value of a known result effective variable, without producing any new or unexpected results, is within the ambit of a person of ordinary skill in the art. See In re Boesch, 205 USPQ 215 (CCPA 1980) (see MPEP § 2144.05, II.).
Response to Arguments
Applicant's arguments filed 04/07/2026 have been fully considered but they are not persuasive.
Applicant argues, page 6, Tsuzuki fails to teach the amended claim language, “a content ratio by weight of the carboxymethyl cellulose in the second active material layer is more than a content ratio by weight of the carboxymethyl cellulose in the first active material layer.” The office finds this argument unpersuasive as discussed above Tsuzuki teaches the molecular weight ratio of the second electrode mixture is greater than the first molecular weight ratio negative electrode mixture, combined in equal molar ratios would yield a weight content carboxymethyl cellulose ratio of a second electrode mixture is greater than the first negative electrode.
Applicant argues, page 7, Put fails to disclose the amended silicon range of 50 nm or less wherein the size of the silicon domain is observed with a Scanning Transmission Electron Microscope to confirm element (Si, C) by EDX mapping and is determined from shape and contrast obtained in a High-Angle Annular Dark Field High Angle Scattering Dark image of a bright field image" as specifying the absolute size of the domains, across all silicon domains. Applicant points to example 2 of Put as to not teaching the claim silicon domains. The office finds this argument unpersuasive as Put discloses silicon particles have an average particle size of 500 nm or less [0057] which overlaps the range or 50 nm or less as claimed, and an average particle size would exist across all silicon domains.
Conclusion
THIS ACTION IS MADE FINAL. 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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BART HORNSBY
Examiner
Art Unit 1728
/MATTHEW T MARTIN/Supervisory Patent Examiner, Art Unit 1728
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