DETAILED ACTION
Notice of Pre-AIA or AIA Status
1. 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
2. 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.
3. Claims 7 and 11 are rejected under 35 U.S.C. 102(a)(1) as being anticipated by Song et al. (US 2020/0251728 A1).
4. As to claim 7, Song discloses a secondary battery (lithium secondary battery, [0022]) comprising:
a positive electrode active material layer (positive electrode active material [0059]);
a negative electrode active material layer (negative electrode active material layer [0023]); and
a separator (separator [0022]);
wherein the separator is positioned between the positive electrode active material layer and the negative electrode active material layer [0060],
wherein the negative electrode active material layer comprises graphite, a silicon particle, and a binder [0086],
wherein the binder comprises a carboxy group (polyacrylic acid [0086]),
wherein a weight ratio of the binder to the silicon particle is greater than or equal to 0.05 and less than or equal to 10 [0086], and
wherein a weight ratio of the graphite to the silicon particle is greater than 0 and less than or equal to 19 [0086].
As to claim 11, Song discloses the secondary battery according to claim 7, and further discloses wherein the binder comprises poly(acrylic acid) [0086].
Claim Rejections - 35 USC § 103
5. 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.
6. Claims 1, 5, and 6 are rejected under 35 U.S.C. 103 as being unpatentable over Song et al. (US 2020/0251728 A1) in view of Kondrashov (RU 2611879 C2).
As to claim 1, Song discloses a secondary battery (lithium secondary battery, [0022]) comprising:
a positive electrode active material layer (positive electrode active material [0059]);
a negative electrode active material layer (negative electrode active material layer [0023]); and
a separator (separator [0022]);
wherein the separator is positioned between the positive electrode active material layer and the negative electrode active material layer [0060],
wherein the negative electrode active material layer comprises a silicon particle and a binder [0086],
wherein a weight ratio of the binder to the silicon particle is greater than or equal to 0.05 and less than or equal to 10 [0086], and
wherein the binder comprises a carboxy group (polyacrylic acid [0086]).
However, Song does not disclose wherein the bulk specific gravity of the silicon particle is greater than or equal to 0.02 g/cm3 and less than or equal to 0.5 g/cm3.
Kondrashov discloses a secondary battery wherein the bulk specific gravity of a silicon-containing reagent is less than 209 g/dm3 [0061], which would include the range of 0.02 g/cm3 to 0.5 g/cm3 range disclosed within the present application. It is appreciated that 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 MPEP § 2144.05, II.).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have modified to secondary battery disclosed within Song so that the silicon particles will have a bulk specific gravity as disclosed within Kondrashov.
As to claim 5, modified Song discloses the secondary battery as disclosed within claim 1, and further discloses wherein the binder comprises poly(acrylic acid) [0086].
As to claim 6, modified Song discloses the secondary battery as disclosed within claim 1, and further discloses wherein the negative electrode active material layer comprises graphite [0086]; and wherein a weight ratio of the graphite to the silicon particle is greater than 0 and less than or equal to 19 [0086].
7. Claim 2 is rejected under 35 U.S.C. 103 as being unpatentable over Song et al. (US 2020/0251728 A1) in view of Kondrashov (RU 2611879 C2) as applied to claim 1 above, and further in view of Hosoya (US 2009/0104532 A1).
As to claim 2, modified Song discloses the secondary battery as disclosed within claim 1, and further discloses wherein the secondary battery further comprises an electrolyte solution [0061]; wherein the electrolyte solution comprises an ionic liquid [0062]. However, Song does not disclose wherein the electrolyte solution is included in both of the positive electrode active material layer and the negative electrode active material layer.
Hosoya discloses a secondary battery having an electrolyte solution that is included in both of the positive electrode active material layer and the negative electrode active material layer [0115] to allow for lithium ions to move through the electrolyte solution between the positive and the negative layer [0115].
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the secondary battery disclosed within Song so that the electrolyte solution is present on both the positive electrode active material layer and the negative electrode active material layer to provide a pathway for the movement of electrons between the active material layers as disclosed in Hosoya.
8. Claim 3 is rejected under 35 U.S.C. 103 as being unpatentable over Song et al. (US 2020/0251728 A1) in view of Kondrashov (RU 2611879 C2) and Hosoya (US 2009/0104532 A1) as applied to claim 2 above, and further in view of Chang et al. (US 2019/0214685 A1).
As to claim 3, modified Song discloses the secondary battery as disclosed within claim 2, but does not disclose wherein the electrolyte solution comprises lithium bis(fluorosulfonyl)imide and 1-ethyl-3-methylimidazolium bis(fluorosulfonyl)imide.
Chang discloses a secondary battery wherein the electrolyte may be formed from a combination of 1-methyl-1-propylpyrrolidinium bis(fluorosulfonyl)imide (PY13FSI) as a first ionic liquid and lithium bis(fluorosulfonyl)imide (LiFSI) as a lithium salt [0144] and where 1-ethyl-3-methylimidazolium bis(fluorosulfonyl)imide can be used as well for the electrolyte [0150] to prepare an electrolyte containing a high concentration of lithium salt [0144].
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the secondary battery disclosed within Song with the teachings of Chang to additionally require that the electrolyte solution would comprises lithium bis(fluorosulfonyl)imide and 1-ethyl-3-methylimidazolium bis(fluorosulfonyl)imide to increase the salt concentration of the electrolyte.
9. Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Song et al. (US 2020/0251728 A1) in view of Kondrashov (RU 2611879 C2) and Hosoya (US 2009/0104532 A1) as applied to claim 1 above, and further in view of Umetsu et al. (US 2020/0287234 A1).
As to claim 4, modified Song discloses the secondary battery as disclosed within claim 1, but does not disclose wherein the binder comprises polyglutamic acid.
Umetsu discloses a secondary battery where the binder comprises polyglutamic acid [0196]. As disclosed in Umetsu, the binder can be comprised of polyacrylic acid or polyglutamic acid with the type of acid used being interchangeable [0196]. It is appreciated that the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. (see MPEP § 2143, B.).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the secondary battery disclosed within Song with the disclosure in Umetsu so that the binder was comprised of polyglutamic acid.
10. Claim 8 is rejected under 35 U.S.C. 103 as being unpatentable over Song et al. (US 2020/0251728 A1) as applied to claim 7 above, and further in view of Hosoya (US 2009/0104532 A1).
As to claim 8, modified Song discloses the secondary battery as disclosed within claim 7, and further discloses wherein the secondary battery further comprises an electrolyte solution [0061]; wherein the electrolyte solution comprises an ionic liquid [0062]. However, Song does not disclose wherein the electrolyte solution is included in both of the positive electrode active material layer and the negative electrode active material layer.
Hosoya discloses a secondary battery having an electrolyte solution that is included in both of the positive electrode active material layer and the negative electrode active material layer [0115] to allow for lithium ions to move through the electrolyte solution between the positive and the negative layer [0115].
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the secondary battery disclosed within Song so that the electrolyte solution is present on both the positive electrode active material layer and the negative electrode active material layer to provide a pathway for the movement of electrons between the active material layers as disclosed in Hosoya.
11. Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Song et al. (US 2020/0251728 A1) in view of Hosoya (US 2009/0104532 A1) as applied to claim 8 above, and further in view of Chang et al. (US 2019/0214685 A1).
As to claim 9, modified Song discloses the secondary battery as disclosed within claim 8, but does not disclose wherein the electrolyte solution comprises lithium bis(fluorosulfonyl)imide and 1-ethyl-3-methylimidazolium bis(fluorosulfonyl)imide.
Chang discloses a secondary battery wherein the electrolyte may be formed from a combination of 1-methyl-1-propylpyrrolidinium bis(fluorosulfonyl)imide (PY13FSI) as a first ionic liquid and lithium bis(fluorosulfonyl)imide (LiFSI) as a lithium salt [0144] and where 1-ethyl-3-methylimidazolium bis(fluorosulfonyl)imide can be used as well for the electrolyte [0150] to prepare an electrolyte containing a high concentration of lithium salt [0144].
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the secondary battery disclosed within Song with the teachings of Chang to additionally require that the electrolyte solution would comprises lithium bis(fluorosulfonyl)imide and 1-ethyl-3-methylimidazolium bis(fluorosulfonyl)imide to increase the salt concentration of the electrolyte.
12. Claim 10 is rejected under 35 U.S.C. 103 as being unpatentable over Song et al. (US 2020/0251728 A1) in view of Hosoya (US 2009/0104532 A1) as applied to claim 7 above, and further in view of Umetsu et al. (US 2020/0287234 A1).
As to claim 10, modified Song discloses the secondary battery as disclosed within claim 7, but does not disclose wherein the binder comprises polyglutamic acid.
Umetsu discloses a secondary battery where the binder comprises polyglutamic acid [0196]. As disclosed in Umetsu, the binder can be comprised of polyacrylic acid or polyglutamic acid with the type of acid used being interchangeable [0196]. It is appreciated that the simple substitution of one known element for another is likely to be obvious when predictable results are achieved. (see MPEP § 2143, B.).
As such, it would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to further modify the secondary battery disclosed within Song with the disclosure in Umetsu so that the binder was comprised of polyglutamic acid.
Conclusion
13. Any inquiry concerning this communication or earlier communications from the examiner should be directed to JACOB JEROME SCHULER whose telephone number is (571)272-8487. The examiner can normally be reached Mon-Fri. 7:30am-5pm.
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/J.J.S./Examiner, Art Unit 1727 /Maria Laios/Primary Examiner, Art Unit 1727
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