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 .
DETAILED ACTION
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 7 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.
Regarding claim 7, the claim recites “wherein the negative electrode active material composite has an average particle diameter (D50) of about 6 to about 50 um.” Claim 1 recites “wherein the artificial graphite primary particles have an average particle diameter of 6 um to about 11 um.” It is unclear as to how when the artificial graphite primary particles have an average particle diameter of 6 um, the negative electrode active material composite can have an average particle diameter (D50) of about 6 um, since the negative electrode active material composite comprises secondary particles in which artificial graphite primary particles are assembled (see claim 1). Therefore, the claim is indefinite.
Claim Rejections - 35 USC § 103
The text of those sections of Title 35, U.S. Code not included in this action can be found in a prior Office action.
Claims 1, 3-5, 8, 10, 12-13 and 18-21 are rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. (“Oh”, KR 20190122417 A, see machine translation) in view of Oh et al. (“Oh-857”, US 20190198857 A1, disclosed in IDS).
Regarding claim 1, Oh teaches a negative electrode active material composite (Oh, Title, [0001], e.g., negative electrode active material), comprising:
secondary particles in which artificial graphite primary particles are assembled (Oh, Fig. 1, [0024], [0041], [0093], e.g., crystalline carbon secondary particles (5) in which primary particles are assembled; crystalline carbon secondary particles may be artificial graphite; artificial graphite secondary particles were in the form of assembled primary particles); and
a conductive material in internal gaps of the secondary particles (Oh, Fig. 1, [0024], [0041], e.g., as illustrated in FIG. 1, the negative active material (1) includes crystalline carbon particles (3) (which is being interpreted as conductive material), crystalline carbon secondary particles (5) in which primary particles are assembled; crystalline carbon included in the crystalline carbon microparticles, may be artificial graphite, natural graphite or a combination thereof),
wherein at least a portion of the artificial graphite primary particles include an amorphous carbon coating layer on a surface thereof (Oh, Fig. 1, [0024], [0035], e.g., crystalline carbon secondary particles (5) in which primary particles are assembled; the crystalline carbon secondary particles may further include an amorphous carbon coating layer on the surface (which is being interpreted as at least a portion of the artificial graphite primary particles include an amorphous carbon coating layer on a surface thereof (since crystalline carbon secondary particles (5) in which primary particles are assembled (see Fig. 1)))), and
wherein the artificial graphite primary particles have an average particle diameter (D50) of 9 um to about 11 um (Oh, Fig. 1, [0034], e.g., crystalline carbon secondary particles are in the form of assembled primary particles; the average particle diameter (D50) of the primary particles may be 9 um to 11 um).
Oh does not teach wherein the amorphous carbon coating layer has a thickness of about 1 nm to about 900 nm.
However, in the same field of endeavor, Oh-857 teaches a negative active material comprising a first carbon-based material (Oh-857, Title, Abstract); the first carbon-based material may include an artificial graphite secondary particle formed by agglomeration of a plurality of artificial graphite primary particles (Oh-857, [0047]); a carbon coating layer may be further included on the surface of the first carbon-based material (which is being interpreted as at least a portion of the artificial graphite primary particles include a carbon coating layer on a surface thereof (since artificial graphite secondary particle formed by agglomeration of a plurality of artificial graphite primary particles)) (Oh-857, [0067]); the carbon coating layer may include amorphous carbon (Oh-857, [0070]); and a thickness of the carbon coating layer may be in a range of several nanometers to tens of nanometers (which falls in the claimed range of about 1 nm to about 900 nm) (Oh-857, [0074]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the amorphous carbon coating layer has a thickness falling in the claimed range of about 1 nm to about 900 nm, for the purpose of providing optimum capacity and efficiency (Oh-857, [0074]).
Regarding claim 3, Oh in view of Oh-857 teaches a negative electrode active material composite that is substantially identical to that of claim 1 as disclosed in claim 1 above; therefore, the negative electrode active material composite of Oh in view of Oh-857 is expected to have a theoretical capacity of about 330 to about 400 mAh/g as claimed in claim 3, the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2112).
Regarding claim 4, Oh in view of Oh-857 teaches a negative electrode active material composite that is substantially identical to that of claim 1 as disclosed in claim 1 above; therefore, the negative electrode active material composite of Oh in view of Oh-857 is expected to have an interplanar spacing of the (002) plane of about 3.35 to about 3.8 nm, when measured by XRD as claimed in claim 4, the burden of proof then shifts to the applicant to provide objective evidence to the contrary (see MPEP § 2112).
Regarding claim 5, Oh teaches wherein the negative electrode active material composite has a tap density falling in the claimed range of about 0.7 to about 1.5 g/cc (Oh, [0138], Table 2, e.g., the tap density of the negative active materials manufactured according to Examples 2 to 3, and the results are shown in Table 2).
Regarding claim 8, claim 8 is considered product-by-process claim. Oh in view of Oh-857 teaches all of the positively recited structure of the claimed artificial graphite primary particles as disclosed in claim 1 above. 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 MPEP § 2113). Claim 8 as written does not distinguish the product of the instant application from the product of Oh in view of Oh-857.
Regarding claim 10, Oh teaches wherein the amorphous carbon coating layer includes a mesophase pitch carbonized product (Oh, [0035], e.g., the crystalline carbon secondary particles may further include an amorphous carbon coating layer on the surface; amorphous carbon may be petroleum pitch (which is being interpreted as a mesophase pitch carbonized product), coal pitch (which is being interpreted as a mesophase pitch carbonized product) or a combination thereof).
Regarding claim 12, Oh teaches the negative electrode active material composite further comprising a silicon negative electrode active material (Oh, [0008], Fig. 1, e.g., a negative active material comprising a carbon material including crystalline carbon secondary particles in which crystalline carbon microparticles and primary particles are assembled; and a silicon-carbon composite (which is being interpreted as silicon negative electrode active material)).
Regarding claim 13, Oh teaches wherein the silicon negative electrode active material is included in an amount of 11 wt% to 13 wt%, based on a total weight of the negative electrode active material composite (Oh, [0038], e.g., he mixing ratio of the above carbon-based material and the silicon-carbon composite may be 89:11 to 87:13 in weight ratio).
Regarding claim 18, Oh in view of Oh-857 teaches the negative electrode active material composite of claim 1 as disclosed above. Oh teaches a negative electrode for a rechargeable lithium battery, the negative electrode comprising: a current collector; and a negative electrode active material layer on the current collector, wherein the negative electrode active material layer includes the negative electrode active material composite (Oh, [0046], [0047]).
Regarding claim 19, Oh teaches wherein the negative electrode active material layer further includes a binder (Oh, [0050]).
Regarding claim 20, Oh in view of Oh-857 teaches the negative electrode of claims 1 and 18 as disclosed above. Oh teaches a rechargeable lithium battery, comprising: the negative electrode; a positive electrode; and an electrolyte (Oh, [0046]).
Regarding claim 21, Oh teaches wherein the silicon is in the internal gaps of the secondary particles (Oh, [0024], Fig. 1, e.g., the negative active material (1) includes crystalline carbon secondary particles (5) in which primary particles are assembled, and a silicon-carbon composite (7) (which is being interpreted as silicon negative electrode active material), wherein the silicon-carbon composite (7) has a form in which the crystalline carbon secondary particles (5) are in contact with; (as shown in Fig. 1, silicon (7) is in the internal gaps of the secondary particles (5))).
Claim 6 is rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. (“Oh”, KR 20190122417 A, see machine translation) in view of Oh et al. (“Oh-857”, US 20190198857 A1, disclosed in IDS) as applied to claim 1 above, and further in view of Ahn et al. (“Ahn”, KR 20210037657 A, see machine translation).
Regarding claim 6, Oh in view of Oh-857 teaches the negative electrode active material composite of claim 1 as disclosed above. Oh in view of Oh-857 does not teach wherein the negative electrode active material composite has a pellet density of about 1.35 to about 2.0 g/cc, after press molding under a pressure of 2 tons.
However, in the same field of endeavor, Ahn teaches a negative electrode active material composite having a pellet density falling in the claimed range of about 1.35 to about 2.0 g/cc (Ahn. Title, [0008], Table 1 (see examples 6, 9 and 13), e.g., 1.50 g/cc in example 6 of Table 1).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the negative electrode active material composite has a pellet density falling in the claimed range of about 1.35 to about 2.0 g/cc, after press molding under a pressure of 2 tons, for the purpose of providing optimum physical properties (Ahn, [0035]).
Claim 7 is rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. (“Oh”, KR 20190122417 A, see machine translation) in view of Oh et al. (“Oh-857”, US 20190198857 A1, disclosed in IDS) as applied to claim 1 above, and further in view of Matsuno et al. (US 20170117583 A1).
Regarding claim 7, Oh in view of Oh-857 teaches the negative electrode active material composite of claim 1 as disclosed above. Oh in view of Oh-857 does not teach wherein the negative electrode active material composite has an average particle diameter (D50) of about 6 to about 50 µm.
However, in the same field of endeavor, Matsuno a negative electrode active material composite has an average particle diameter (D50) of 12 μm or more and 33 μm or less (Matsuno, [0058], [0055], e.g., average particle diameter of the negative electrode active material is preferably 12 μm or more and 33 μm or less).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the negative electrode active material composite has an average particle diameter (D50) falling in the claimed range of about 6 to about 50 µm, for the purpose of controlling the negative electrode active material particles to have a more uniform shape and/or improving battery performance (Matsuno, [0058]).
Claim 9 is rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. (“Oh”, KR 20190122417 A, see machine translation) in view of Oh et al. (“Oh-857”, US 20190198857 A1, disclosed in IDS) as applied to claim 1 above, and further in view of Cha et al. (“Cha”, US 20140050975 A1).
Regarding claim 9, Oh in view of Oh-857 teaches the negative electrode active material composite of claim 1 as disclosed above. Oh in view of Oh-857 does not teach wherein the conductive material includes carbon nanotubes (CNT), graphene, denka black, ketjen black, acetylene black, carbon black, or a mixture thereof.
However, in the same field of endeavor, Cha teaches a negative active material may be porous secondary particles that is an assembly of the active material primary particles, conductive material, and composite binder (Cha, [0014], Figs. 1-3). Cha also teaches the conductive material provides a conductive path between the active material primary particles, and the conductive material may be carbon black (Cha, [0046]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the conductive material includes carbon black, for the purpose of providing a conductive path between active material primary particles (Cha, [0046]). Alternatively, a simple substitution of the silicon/conductive nanoparticles 107 of Kim for the carbon black of Cha is likely to be obvious when predictable results are achieved (see MPEP § 2143, B.).
Claim 11 is rejected under 35 U.S.C. 103 as being unpatentable over Oh et al. (“Oh”, KR 20190122417 A, see machine translation) in view of Oh et al. (“Oh-857”, US 20190198857 A1, disclosed in IDS) as applied to claim 1 above, and further in view of Cha et al. (“Cha”, US 20140050975 A1) and Lee et al. (“Lee”, KR 20200105228 A, see machine translation).
Regarding claim 11, Oh in view of Oh-857 teaches the negative electrode active material composite of claim 1 as disclosed above. Oh in view of Oh-857 does not teach wherein the negative electrode active material composite includes: greater than about 0 wt% and less than or equal to about 0.5 wt% of the conductive material, and greater than about 0 wt% and less than or equal to about 5 wt% of the amorphous carbon coating layer, all wt% being based on a total weight of the negative electrode active material composite.
However, in the same field of endeavor, Cha teaches a negative active material may be porous secondary particles that is an assembly of the active material primary particles, conductive material, and composite binder (Cha, [0014], Figs. 1-3). Cha also teaches the conductive material provides a conductive path between the active material primary particles and may be any material having, conductivity without limitation (Cha, [0046]). Cha further teaches the conductive material may be included in an amount of about 0.1 wt % to about 3 wt % (which overlaps the claimed range of greater than about 0 wt% and less than or equal to about 0.5 wt%; therefore, a prima facie case of obviousness exists (see MPEP § 2144.05, I.)) based on the total amount of the negative active material (Cha, [0047]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the negative electrode active material composite includes greater than about 0 wt% and less than or equal to about 0.5 wt% of the conductive material based on a total weight of the negative electrode active material composite, for the purpose of maintaining appropriate conductivity for charge discharge (Cha, [0047]). Cha teaches a conductive material in an amount overlapping that of the claimed range; therefore, a prima facie case of obviousness exists (see MPEP § 2144.05, I.).
Oh in view of Oh-857 and Cha does not teach wherein the negative electrode active material composite includes greater than about 0 wt% and less than or equal to about 5 wt% of the amorphous carbon coating layer based on a total weight of the negative electrode active material composite.
However, in the same field of endeavor, Lee teaches negative active material particle including artificial graphite in the form of secondary particles formed by assembling primary particles of artificial graphite and a carbon coating layer disposed on the artificial graphite (which is being interpreted as at least some of the artificial graphite primary particles include an amorphous carbon coating layer on a surface thereof) (Lee, [0097]). Lee also teaches the carbon coating layer may be included in the negative electrode active material particles at 0.5 wt% to 5.0 wt%, and specifically, may be included at 1 wt% to 4 wt% (Lee, [0046]).
It would have been obvious to one of ordinary skill in the art before the effective filing date of the claimed invention to have wherein the negative electrode active material composite includes greater than about 0 wt% and less than or equal to about 0.5 wt% of the conductive material based on a total weight of the negative electrode active material composite, for the purpose of securing capacity per weight of the negative electrode active material particles and/or improving conductivity of the negative electrode active material particles (Lee, [0046]).
Response to Arguments
Applicant’s arguments have been considered but are moot because the arguments do not apply to a new ground(s) of rejection.
Conclusion
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/HAIXIA ZHANG/Primary Examiner, Art Unit 1723