DETAILED ACTION
Status of Claims
Claims 1-2, 4, 6 and 11 have been amended. Claims 1-14 are pending and being examined on the merits in this office action.
Remarks
Applicant’s amendments and arguments have been entered. A reply to the Applicant’s remarks/arguments is presented after addressing the claims.
Any rejections and/or objections made in the previous Office Action and not repeated below, are hereby withdrawn in view of Applicant’s amendments or/and arguments.
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action. References cited in the current Office action can be found in a prior Office action. Reference not previously cited can be found per the attached PTO-892 for this Office action.
Information Disclosure Statement
The information disclosure statements (IDS) submitted on Nov. 19, 2025 has been considered by the examiner.
Claim Objections
Claims 2 and 4 are objected to because of the following:
In claim 2, the content in the parenthesis appears to be a limitation. If so, the parenthesis should be removed. The range of “y” is not clear.
In claim 4, “a first …” and “a second …” do appear to be “the first …” and “the second …”.
Appropriate action is required.
Claim Rejections - 35 USC § 112
Claim 11 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.
The definition for a cell charge C-rate performance in claim 11 is ambiguous, since it can be interpreted as: 1) (2.0C charge capacity/0.1 charge capacity) × 100; or 2.0C charge capacity/(0.1 charge capacity) × 100). The claim is indefinite.
Claim Rejections - 35 USC § 103
Claims 1-7, 10-11 and 14 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang et al. (CN 114975860 B, whose English machine translation is being employed for citation purposes, hereafter Zhang) in view of Fukasawa et al. (US 20160372753 A1, hereafter Fukasawa).
Regarding claim 1, Zhang teaches a negative electrode for a secondary battery, comprising:
a current collector (“100”, Fig. 1 and [n0008]);
a first negative electrode active material layer provided on the current collector (“201”, Fig. 1 and [n0008]); and
a second negative electrode active material layer provided on the first negative electrode active material layer (“202”, Fig. 1 and [n0008]),
wherein the first and second negative electrode active material layers comprise a lithium-substituted carboxymethyl cellulose (See [n0010] and [n0012]),
and wherein the first negative electrode active material layer comprises a carbon-based active material ([n0010]), and only the second negative electrode active material layer comprises a silicon-based active material ([n0008], p7; Fig. 2).
Zhang is silent on the silicon-based active material comprising a Mg compound as claimed. Fukasawa, however, discloses that a coating layer comprising a Mg silicate and a carbonaceous substance on particle surfaces of a silicon-based active material can improve initial charge and discharge efficiency and cycle lifetime (See, at least, Fig. 1, [0025]-[0032] and [0143]). It would have been obvious to one of ordinary skill in the art, before the effective filing date of the instant invention, to have incorporated the teachings of Fukasawa into Zhang such that the silicon-based material of Zhang comprises a coating layer comprising a Mg silicate and a carbonaceous substance in order to improve initial charge and discharge efficiency and cycle life time. The said Mg silicate reads on the Mg compound as claimed.
Regarding claim 2, Zhang in view of Fukasawa teaches the negative electrode of claim 1, wherein the silicon-based active material comprises SiO ([n0012]).
Regarding claim 3, Zhang in view of Fukasawa teaches the negative electrode of claim 1, wherein the second negative electrode active material layer further comprises a carbon-based active material ([n0012]).
Regarding claim 4, Zhang in view of Fukasawa teaches the negative electrode of claim 3, wherein the carbon-based active material included in the first or second negative electrode active material layers comprises artificial graphite and natural graphite ([n0012]).
Regarding claim 5, Zhang in view of Fukasawa teaches the negative electrode of claim 3, wherein the silicon-based active material is comprised in an amount within the claimed range of 1 part by weight to 40 parts by weight based on 100 parts by weight of a total active material comprised in the second negative electrode active material layer comprising the silicon-based active material ([n0014]). Note that the total active material of Zhang includes carbon-based negative electrode active material and silicon-based negative electrode active material in amounts of 75.5 ~ 80 parts and 13.5 ~ 18 parts, respectively, based on the total weight of the second negative electrode active material layer.
Regarding claim 6, Zhang in view of Fukasawa teaches the negative electrode of claim 1, where a sum of weights of the first and second negative electrode active material layers is 8.233 mg/cm2 (i.e., 7.42+0.813 = 0.8233, see [n0045], [n0047]), anticipating the claimed range.
Regarding claim 7, Zhang in view of Fukasawa teaches a secondary battery comprising the negative electrode according to claim 1, a positive electrode, and a separator ([n0030]).
Regarding claims 10 and 11, Zhang in view of Fukasawa teaches the secondary battery of claim 7. The limitations in claims 10 and 11 represent characteristics or properties of the secondary battery of claim 7. Since Zhang teaches the same secondary battery as claimed in claim 7, the said limitations are necessarily present. Regarding product and apparatus claims, when the structure recited in the reference is substantially identical to that of the claims, claimed characteristics, properties or functions are presumed to be necessarily present.
Regarding claim 14, Zhang in view of Fukasawa teaches the negative electrode of claim 1, wherein the carbon-based active material comprises artificial graphite or/and natural graphite ([n0010]).
Claims 8 and 9 are rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Fukasawa, as applied to claim 7 above, and further in view of Sato et al. (US 20150079470 A, hereafter Kano).
Regarding claims 8 and 9, Zhang in view of Fukasawa teaches the secondary battery of claim 7, and further teaches the positive electrode active material can be lithium cobalt oxide (e.g., [0065]).
Zhang is silent as to the lithium composite transition metal compound as claimed.
Kano discloses that lithium cobalt oxide (LiCoO2) and LiyNi1-c-dCocMndAleO2, where 0.9<y≤1.25, 0<c≤0.3, 0<d≤0.45, or 0≤e≤0.1 (e.g., [0022], [0039]) can both be used as positive electrode active materials. In other words, they are functional equivalents as positive electrode active materials. It would have been obvious to one of ordinary skill in the art before the effective filing date to use LiyNi1-c-dCocMndAleO2 taught by Kano as an alternative to LiCoO2 of Zhang in view of Fukasawa, since the substitution of known equivalents for the same purpose is prima facie obvious. See MPEP § 2144.06.
Claim 12 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Fukasawa, as applied to claim 1 above, and further in view of Sato et al. (JP 2014022039 A, whose English machine translation is being employed for citation purposes, hereafter Sato).
Regarding claim 12, Zhang in view of Fukasawa teaches the negative electrode of claim 1, but is silent as to a degree of substitution of the lithium-substituted carboxymethyl cellulose. In the same field of endeavor, Sato discloses a lithium-substituted carboxymethyl cellulose included in a negative electrode may have a degree of substitution (etherification degree) of 0.5 to 1.0 ([0018]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have employed a lithium-substituted carboxymethyl cellulose having a degree of substitution of 0.5 to 1.0 taught by Sato in the negative electrode of Zhang in view of Fukasawa, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See MPEP § 2144.07. As a result, the claimed range overlaps the range taught by Sato. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists. See MPEP § 2144.05 (I).
Claim 13 is rejected under 35 U.S.C. 103 as being unpatentable over Zhang in view of Fukasawa, as applied to claim 1 above, and further in view of Sotome et al. (US 20220140310 A, hereafter Sotome).
Regarding claim 13, Zhang in view of Fukasawa teaches the negative electrode of claim 1, but is silent as to the molecular weight of the lithium-substituted carboxymethyl cellulose. In the same field of endeavor, Sotome discloses a lithium-substituted carboxymethyl cellulose included in a negative electrode may have a molecular weight of 100,000 to 1 million ([0085]). It would have been obvious to one of ordinary skill in the art before the effective filing date of the instant invention to have employed a lithium-substituted carboxymethyl cellulose having a molecular weight of 100,000 to 1 million taught by Sotome in the negative electrode of Zhang in view of Fukasawa, since it has been held to be within the general skill of a worker in the art to select a known material on the basis of its suitability for the intended use as a matter of obvious design choice. In re Leshin, 125 USPQ 416. See MPEP § 2144.07. As a result, the claimed range lies inside the range taught by Sotome. In the case where the claimed ranges “overlap or lie inside ranges disclosed by the prior art”, a prima facie case of obviousness exists. See MPEP § 2144.05 (I).
Response to Arguments
Applicant's arguments filed Dec. 19, 2025 have been fully considered but they are not persuasive.
In response, Applicant's arguments are based on the claims as amended. The amended claims have been addressed in the new rejections above.
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.
Any inquiry concerning this communication or earlier communications from the examiner should be directed to ZHONGQING WEI whose telephone number is (571)272-4809. The examiner can normally be reached Mon - Fri 9:30 - 6:00.
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/ZHONGQING WEI/Primary Examiner, Art Unit 1727